Cottoni posthuma divers choice pieces of that renowned antiquary, Sir Robert Cotton, Knight and Baronet, preserved from the injury of time, and exposed to publick light, for the benefit of posterity / by J.H., Esq.
         Selections. 1672
         Cotton, Robert, Sir, 1571-1631.
      
       
         
           1672
        
      
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             Cottoni posthuma divers choice pieces of that renowned antiquary, Sir Robert Cotton, Knight and Baronet, preserved from the injury of time, and exposed to publick light, for the benefit of posterity / by J.H., Esq.
             Selections. 1672
             Cotton, Robert, Sir, 1571-1631.
             Howell, James, 1594?-1666.
          
           [8], 351 p.
           
             Printed for Richard Lowndes ..., and Matthew Gilliflower ...,
             London :
             1672.
          
           
             Dedication signed: James Howell.
             Consists of 16 pieces, each (except the first) have special t.p.
             "The life and raign of Henry the Third," listed in the contents, is replaced by "The danger wherein this kingdome now standeth."
             Includes bibliographical references.
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
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         eng
      
       
         
           Catholic Church -- England.
           Ambassadors.
           Prerogative, Royal -- England.
           Wager of battle.
           Great Britain -- Politics and government -- 1603-1714.
        
      
    
     
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                 Cottoni
                 Posthuma
              
               :
               DIVERS
               CHOICE
               PIECES
               OF
               THAT
               Renowned
               Antiquary
               Sir
               
                 ROBERT
                 COTTON
              
               ,
               Knight
               and
               Baronet
               ,
               Preserved
               from
               the
               injury
               of
               Time
               ,
               and
               Exposed
               to
               publick
               light
               ,
               for
               the
               benefit
               of
               Posterity
               .
            
             
               By
               J.
               H.
               
                 Esq
              
            
             
               LONDON
               ,
               Printed
               for
               
                 Richard
                 Lowndes
              
               at
               the
               
                 White
                 Lion
              
               in
               Duck
               Lane
               ,
               near
               Smith-field
               ,
               and
               
                 Matthew
                 Gilliflower
              
               at
               the
               Sun
               in
               
               Westminster-Hall
               ,
               1652.
               
            
          
           
             
             
             
               To
               his
               worthily
               Honoured
               Friend
               ,
               Sir
               Robert
               Pye
               Knight
               ,
               at
               his
               House
               in
               Westminster
               .
            
             
               
                 SIR
                 ,
              
            
             
               THe
               long
               interest
               of
               Friendship
               ,
               and
               nearness
               of
               Neighbourhood
               ,
               which
               gave
               you
               the
               opportunity
               of
               conversing
               often
               with
               that
               worthy
               Baronet
               ,
               who
               was
               Author
               of
               these
               ensuing
               Discourses
               ,
               induced
               me
               to
               this
               Dedicatory
               Address
               .
               Among
               the
               Greeks
               and
               Romans
               (
               who
               were
               the
               two
               Luminaries
               that
               first
               diffused
               the
               rayes
               of
               Knowledge
               and
               Civility
               through
               these
               North-west
               Clymes
               ,
               )
               He
               was
               put
               in
               the
               rank
               of
               the
               best
               sorts
               of
               Patriots
               ,
               who
               preserv'd
               from
               putrefaction
               and
               the
               rust
               of
               Time
               ,
               the
               Memory
               and
               Works
               of
               
                 Vertuous
                 Men
              
               ,
               by
               exposing
               them
               to
               open
               light
               for
               the
               generall
               Good
               ;
               Therefore
               I
               hope
               not
               to
               deserve
               ill
               of
               my
               Country
               ,
               that
               I
               have
               published
               
               to
               the
               World
               these
               choice
               notions
               of
               that
               learned
               Knight
               Sir
               
                 Robert
                 Cotton
              
               ,
               who
               for
               his
               exact
               recerchez
               into
               Antiquity
               ,
               hath
               made
               himself
               famous
               to
               Posterity
               .
            
             
               Plutarch
               in
               writing
               the
               lives
               of
               Others
               ,
               made
               his
               own
               everlasting
               ;
               So
               an
               Antiquary
               while
               he
               feels
               the
               pulse
               of
               former
               Ages
               ,
               and
               makes
               them
               known
               to
               the
               present
               ,
               renders
               Himself
               long-liv'd
               to
               the
               future
               .
            
             
               There
               was
               another
               inducement
               that
               mov'd
               me
               to
               this
               choice
               of
               Dedication
               ,
               and
               it
               was
               the
               high
               respects
               I
               owe
               you
               upon
               sundry
               obligations
               ,
               and
               consequently
               the
               desire
               I
               had
               that
               both
               the
               present
               ,
               and
               after
               times
               might
               bear
               witness
               ,
               how
               much
               I
               am
               ,
               and
               was
            
             
               
                 Sir
                 ,
              
               
                 
                   3.
                   
                   Nonas
                   April
                   .
                   1651.
                   
                
              
               
                 Your
                 humble
                 ,
                 and
                 truly
                 devoted
                 Servant
                 .
                 James
                 Howell
                 .
              
            
          
           
             
             
               To
               the
               Knowing
               Reader
               ,
               touching
               these
               following
               Discourses
               ,
               and
               their
               AUTHOR
               .
            
             
               THe
               memory
               of
               some
               men
               is
               like
               the
               Rose
               ,
               and
               other
               odoriferous
               flowers
               ,
               which
               cast
               a
               sweeter
               and
               stronger
               smell
               after
               they
               are
               pluck'd
               ;
               The
               memory
               of
               Others
               may
               be
               said
               to
               be
               like
               the
               Poppie
               ,
               and
               such
               Vegetalls
               that
               make
               a
               gay
               and
               specious
               shew
               while
               they
               stand
               upon
               the
               stalk
               ,
               but
               being
               cut
               and
               gather'd
               they
               have
               but
               an
               ill-favour'd
               scent
               ;
               This
               worthy
               Knight
               may
               be
               compared
               to
               the
               first
               sort
               ,
               as
               well
               for
               the
               sweet
               odor
               (
               of
               a
               good
               name
               )
               he
               had
               while
               he
               stood
               ,
               as
               also
               after
               he
               was
               cut
               down
               by
               the
               common
               stroke
               of
               Mortality
               ;
               Now
               ,
               to
               augment
               the
               fragrancy
               of
               his
               Vertues
               and
               Memory
               ,
               these
               following
               Discourses
               ,
               which
               I
               may
               term
               ,
               not
               altogether
               improperly
               ,
               a
               Posie
               of
               sundry
               differing
               Howers
               ,
               are
               expos'd
               to
               the
               World.
               
            
             
               All
               who
               ever
               knew
               this
               well-weighed
               Knight
               ,
               will
               confess
               ▪
               [
               what
               a
               great
               Z●l●t
               he
               was
               to
               his
               
               Countrey
               ,
               how
               in
               all
               Parliaments
               ,
               where
               he
               fervid
               so
               often
               ,
               his
               main
               endeavours
               were
               to
               assert
               the
               publick
               Liberty
               ,
               and
               that
               Prerogative
               and
               Priviledge
               might
               run
               in
               their
               due
               Channels
               ;
               He
               would
               often
               say
               ,
               
                 That
                 he
                 Himself
                 had
                 the
                 least
                 share
                 in
                 Himself
                 ,
              
               but
               his
               Countrey
               and
               his
               Friends
               had
               the
               greatest
               interest
               in
               him
               :
               He
               might
               be
               said
               to
               be
               in
               a
               perpetual
               pursuit
               after
               Vertue
               and
               Knowledge
               ;
               He
               was
               indefatigable
               in
               the
               search
               and
               re-search
               of
               Antiquity
               ,
               and
               that
               in
               a
               generous
               costly
               manner
               ,
               as
               appears
               in
               his
               Archives
               and
               copious
               Library
               ;
               Therefore
               he
               may
               well
               deserve
               to
               be
               ranked
               among
               those
               Worthies
               —
               
                 Quorum
                 Imagines
                 lambunt
              
               Hederae
               sequaces
               ;
               For
               an
               Antiquary
               is
               not
               unfitly
               compar'd
               to
               the
               Ivie
               ,
               who
               useth
               to
               cling
               unto
               ancient
               fabriques
               and
               Vegetals
               .
            
             
               
               
                 In
                 these
                 Discourses
                 you
                 have
              
               
                 
                   1.
                   
                   A
                   Relation
                   of
                   proceedings
                   against
                   Ambassadors
                   who
                   have
                   miscarried
                   themselves
                   ,
                   and
                   exceeded
                   their
                   Commission
                   .
                
                 
                   2.
                   
                   That
                   the
                   Kings
                   of
                   England
                   have
                   been
                   pleased
                   to
                   consult
                   with
                   their
                   Peers
                   in
                   Parliament
                   for
                   marriage
                   of
                   their
                   Children
                   ,
                   and
                   touching
                   Peace
                   and
                   War
                   ,
                   &c.
                   
                
                 
                   3.
                   
                   That
                   the
                   Soveraigns
                   Person
                   is
                   required
                   in
                   Parliament
                   in
                   all
                   Consultations
                   and
                   Conclusions
                   .
                
                 
                   4.
                   
                   A
                   Discourse
                   of
                   the
                   legality
                   of
                   Combats
                   ,
                   Duells
                   ,
                   or
                   Camp-fight
                   .
                
                 
                   5.
                   
                   Touching
                   the
                   question
                   of
                   Precedency
                   between
                   England
                   and
                   Spain
                   .
                
                 
                   6.
                   
                   Touching
                   the
                   Alliances
                   and
                   Amity
                   which
                   have
                   interven'd
                   betwixt
                   the
                   Houses
                   of
                   Austria
                   and
                   England
                   .
                
                 
                   7.
                   
                   A
                   Discourse
                   touching
                   Popish
                   Recusants
                   ,
                   Jesuits
                   and
                   Seminaries
                   .
                
                 
                   8.
                   
                   The
                   Manner
                   and
                   Means
                   how
                   the
                   Kings
                   of
                   England
                   have
                   supported
                   and
                   improv'd
                   their
                   States
                   .
                
                 
                   9.
                   
                   An
                   Answer
                   to
                   certain
                   Arguments
                   urg'd
                   by
                   a
                   Member
                   of
                   the
                   House
                   of
                   Commons
                   ,
                   and
                   raised
                   from
                   supposed
                   Antiquity
                   ,
                   to
                   prove
                   that
                   Ecclesiastical
                   Laws
                   ought
                   to
                   be
                   Enacted
                   by
                   Temporal
                   men
                   .
                
                 
                   10.
                   
                   The
                   Arguments
                   produc'd
                   by
                   the
                   House
                   of
                   Commons
                   concerning
                   the
                   Priviledge
                   of
                   every
                   Free-born
                   Subject
                   .
                
                 
                   
                   11.
                   
                   A
                   Speech
                   delivered
                   in
                   the
                   House
                   of
                   Commons
                   Assembled
                   at
                   Oxford
                   in
                   the
                   sirst
                   year
                   year
                   of
                   the
                   last
                   King.
                   
                
                 
                   12.
                   
                   A
                   Speech
                   delivered
                   before
                   the
                   Councell
                   Table
                   ,
                   touching
                   the
                   alteration
                   of
                   Coyn.
                   
                
                 
                   13.
                   
                   Valour
                   Anatomized
                   in
                   a
                   Fancy
                   ,
                   by
                   Sir
                   
                     Philip
                     Sidney
                  
                   .
                
                 
                   14.
                   
                   A
                   brief
                   Discourse
                   concerning
                   the
                   Power
                   of
                   the
                   Peers
                   and
                   Commons
                   of
                   Parliament
                   ,
                   in
                   point
                   of
                   Judicature
                   .
                
                 
                   15.
                   
                   Honesty
                   ,
                   Ambition
                   and
                   Fortitude
                   Anatomized
                   ,
                   by
                   Sir
                   
                     Francis
                     Walsingham
                  
                   .
                
                 
                   16.
                   
                   The
                   Life
                   and
                   Raign
                   of
                   Henry
                   the
                   Third
                   ,
                   complied
                   in
                   a
                   Criticall
                   way
                   .
                
              
               
                 These
                 Discourses
                 ,
                 being
                 judiciously
                 read
                 ,
                 will
                 much
                 tend
                 to
                 the
                 enriching
                 of
                 the
                 understanding
                 ,
                 and
                 improvement
                 of
                 the
                 Common
                 stock
                 of
                 Knowledge
                 .
              
            
          
        
         
           
             
             
               A
               RELATION
               OF
               THE
               PROCEEDINGS
               AGAINST
               AMBASSADORS
               Who
               have
               miscarried
               themselves
               ,
               &c.
               
            
             
               IN
               humble
               obedience
               to
               your
               Grace's
               Command
               ,
               I
               am
               emboldened
               to
               present
               my
               poor
               advice
               to
               this
               the
               greatest
               ,
               and
               most
               important
               cause
               that
               ever
               happened
               in
               this
               State
               ,
               the
               Quiet
               of
               the
               Kingdom
               ,
               the
               Honour
               of
               the
               Prince
               ,
               the
               safety
               of
               the
               Spanish
               Ambassadors
               Person
               exposed
               hereby
               to
               the
               fury
               of
               the
               People
               ,
               all
               herein
               involved
               :
               A
               consideration
               not
               the
               least
               for
               the
               reputation
               of
               the
               State
               ,
               and
               Government
               ,
               though
               he
               little
               deserved
               it
               .
            
             
             
               The
               information
               made
               to
               his
               sacred
               Majesty
               by
               him
               ,
               That
               your
               Grace
               should
               have
               plotted
               this
               Parliament
               ;
               Wherein
               if
               his
               Majesty
               did
               not
               accord
               to
               your
               designs
               ,
               then
               by
               the
               Authority
               of
               this
               Parliament
               to
               confine
               his
               sacred
               Person
               to
               some
               place
               of
               pleasure
               ,
               and
               transfer
               the
               Regal
               Power
               upon
               the
               Prince
               :
               This
               Information
               if
               it
               were
               made
               by
               a
               Subject
               ,
               by
               the
               Laws
               of
               the
               Realm
               were
               high
               Treason
               ,
               to
               breed
               a
               rupture
               between
               the
               Soveraignty
               and
               the
               Nobility
               ,
               either
               by
               Reports
               or
               Writings
               ,
               and
               by
               the
               Common
               Law
               is
               adjudged
               no
               less
               :
               The
               Author
               yet
               knowing
               that
               by
               the
               representing
               the
               Person
               of
               a
               soverain
               Prince
               he
               is
               by
               the
               Law
               of
               Nations
               exempt
               from
               Regal
               tryal
               ,
               all
               actions
               of
               one
               so
               qualified
               being
               made
               the
               Act
               of
               his
               Master
               ,
               until
               he
               disavow
               :
               And
               injuries
               of
               one
               absolute
               Prince
               to
               another
               ,
               is
               
                 Factum
                 hostilitatis
              
               ,
               and
               not
               Treason
               .
               The
               immunity
               of
               whom
               Civilians
               collect
               as
               they
               do
               the
               rest
               of
               their
               grounds
               from
               the
               practice
               of
               the
               Roman
               State
               ,
               deducing
               their
               Arguments
               from
               these
               Examples
               .
               
               The
               Fabii
               Ambassadors
               from
               Rome
               were
               turned
               safe
               from
               the
               Chades
               with
               demand
               of
               justice
               against
               them
               onely
               ,
               although
               they
               had
               been
               taken
               bearing
               Arms
               with
               the
               Ethrurian
               their
               Enemies
               :
               The
               Ambassadors
               of
               the
               Tarquines
               ,
               
               Morte
               affligendos
               Romani
               non
               judicârunt
               ,
               &
               quanqnam
               visi
               sunt
               ut
               hostium
               
               loco
               essent
               ,
               justamen
               Gentium
               voluit
               .
               And
               where
               those
               of
               Syphax
               had
               plotted
               the
               murder
               of
               
                 Masinissa
                 ,
                 Non
                 aliud
                 mihi
                 factum
                 quàm
                 quod
                 sceleris
                 sui
                 reprehensi
                 essent
                 ,
              
               saith
               Appian
               :
               The
               Ambassadors
               of
               the
               Protestants
               at
               the
               Counsell
               of
               Trent
               ,
               though
               divulging
               there
               the
               Doctrine
               of
               the
               Churches
               ,
               
               contrary
               to
               a
               Decree
               there
               enacted
               ,
               a
               crime
               equivalent
               to
               Treason
               ,
               yet
               stood
               they
               protected
               from
               any
               punishment
               :
               So
               much
               doth
               public
               conveniency
               prevail
               against
               a
               particular
               mischief
               ;
               That
               the
               State
               of
               Rome
               though
               in
               case
               of
               the
               most
               capital
               crime
               ,
               exempted
               the
               Tribunes
               of
               the
               people
               from
               question
               ,
               
               during
               the
               year
               of
               office
               :
               And
               the
               Civilians
               all
               consent
               ,
               that
               
                 Legis
                 de
                 Jure
                 Gentium
                 indictum
                 est
                 &
                 eorum
                 corpora
                 salva
                 sint
                 ,
                 Propter
                 necessitatem
                 legationis
                 ,
                 ac
                 ne
                 confundant
                 jura
                 comercii
                 inter
                 Principes
                 ,
              
               The
               redress
               of
               such
               injuries
               ,
               by
               such
               persons
               ,
               the
               example
               of
               Modern
               and
               best
               times
               will
               lead
               us
               to
               .
               
               Vivia
               the
               Popes
               Legate
               was
               restrained
               by
               Henry
               the
               Second
               ,
               for
               exercising
               a
               power
               in
               his
               Realm
               ,
               not
               admitted
               by
               the
               King
               ,
               in
               disquiet
               of
               the
               State
               ,
               and
               forced
               to
               swear
               not
               to
               act
               any
               thing
               in
               
                 Praejudicium
                 Regis
                 vel
                 Regni
              
               .
               
               Hen.
               3.
               did
               the
               like
               to
               one
               of
               the
               Popes
               Ambassadors
               ;
               another
               flying
               the
               Realm
               secretly
               ,
               fearing
               ,
               
                 timens
                 pelli
                 sui
              
               ,
               as
               the
               Record
               saith
               .
               Edward
               1.
               so
               restraining
               another
               until
               he
               had
               ,
               as
               his
               Progenitors
               had
               ,
               informed
               the
               Pope
               
               of
               the
               fault
               of
               his
               Minister
               ,
               and
               received
               satisfaction
               of
               the
               wrongs
               .
               In
               the
               year
               1523.
               
               
                 Lewis
                 de
                 Pratt
              
               :
               
               Ambassador
               for
               Charles
               5.
               was
               commanded
               to
               his
               house
               ,
               for
               accusing
               falsly
               
                 Cardinal
                 Wolsey
              
               to
               have
               practised
               a
               breach
               between
               Hen.
               8.
               and
               his
               Master
               ,
               to
               make
               up
               the
               Amity
               with
               the
               French
               King
               ;
               Sir
               
                 Michael
                 Throgmorton
              
               by
               Charles
               the
               9.
               of
               France
               ,
               was
               so
               served
               ,
               for
               being
               too
               busie
               with
               the
               Prince
               of
               Condy
               in
               his
               faction
               .
               Doctor
               Man
               in
               the
               year
               1567.
               was
               taken
               from
               his
               own
               house
               in
               Madriil
               ,
               and
               put
               under
               a
               Guard
               to
               a
               straiter
               Lodging
               ,
               for
               breeding
               a
               Scandal
               (
               as
               the
               
                 Conde
                 Teri
              
               said
               )
               in
               using
               by
               warrant
               of
               his
               Place
               ,
               the
               Religion
               of
               his
               Country
               ,
               although
               he
               alledged
               the
               like
               permitted
               to
               
                 Ghusman
                 de
                 Silva
              
               their
               Ambassador
               ,
               and
               to
               the
               Turk
               no
               less
               then
               in
               Spain
               .
               In
               the
               year
               1568.
               
               
                 Don
                 Ghuernon
                 d'
                 Espes
              
               vvas
               ordered
               to
               keep
               his
               house
               in
               London
               ,
               for
               sending
               scandalous
               Letters
               to
               the
               
                 Duke
                 d'
                 Alva
              
               unsealed
               .
               The
               Bishop
               of
               Rosse
               in
               the
               year
               1571.
               vvas
               first
               confined
               to
               his
               house
               ,
               after
               to
               the
               Tower
               ,
               then
               committed
               for
               a
               good
               space
               to
               the
               Bishop
               of
               Ely
               his
               care
               ,
               for
               medling
               with
               more
               business
               then
               belonged
               to
               the
               place
               of
               his
               imployment
               :
               The
               like
               was
               done
               to
               Dr.
               Alpin
               and
               Malvisett
               the
               French
               Ambassadors
               successively
               ,
               for
               being
               busie
               in
               more
               then
               their
               Masters
               affairs
               .
               In
               the
               time
               of
               Philip
               the
               second
               of
               Spain
               ,
               
               the
               Venetian
               Ambassador
               in
               Madrill
               ,
               protecting
               an
               offendor
               that
               fled
               into
               his
               house
               ,
               and
               denying
               the
               Heads
               or
               Justices
               to
               enter
               his
               house
               ,
               vvhere
               the
               Ambassador
               stood
               armed
               to
               vvithstand
               them
               ,
               and
               one
               Bodavario
               a
               Venetian
               ,
               whom
               they
               committed
               to
               Prison
               ,
               for
               his
               unruly
               carriage
               ,
               and
               they
               removed
               the
               Ambassador
               unto
               another
               house
               ,
               until
               they
               had
               searched
               and
               found
               the
               Offendor
               :
               Then
               conducting
               back
               the
               Ambassador
               ,
               set
               a
               guard
               upon
               his
               house
               ,
               to
               stay
               the
               fury
               of
               the
               people
               enraged
               .
               The
               Ambassador
               complaining
               to
               the
               King
               ,
               he
               remitted
               it
               to
               the
               Supreme
               Councel
               ;
               they
               justified
               the
               proceeding
               ,
               condemning
               Bodavario
               to
               lose
               his
               head
               ,
               and
               other
               the
               Ambassadors
               servants
               to
               the
               Galleys
               ,
               all
               vvhich
               the
               King
               turned
               to
               banishment
               ,
               sending
               the
               whole
               process
               to
               
                 Inego
                 de
                 Mendoza
              
               his
               Ambassador
               at
               Venice
               ,
               and
               declaring
               by
               a
               publick
               Ordinance
               unto
               that
               State
               ,
               and
               all
               other
               Princes
               ,
               that
               in
               case
               his
               Ambassadors
               should
               commit
               any
               offence
               ,
               nnworthily
               ,
               and
               disagreeing
               to
               their
               professions
               ,
               they
               should
               not
               then
               enjoy
               the
               privilege
               of
               those
               Officers
               ,
               referring
               them
               to
               be
               judged
               by
               them
               vvhere
               they
               then
               resided
               .
               
                 Barnardino
                 de
                 Mendoza
              
               ,
               for
               traducing
               falsly
               the
               Ministers
               of
               the
               State
               to
               further
               his
               seditious
               Plots
               ,
               vvas
               restrained
               first
               ,
               and
               after
               commanded
               away
               in
               the
               year
               1586.
               
               The
               last
               of
               Spanish
               Instruments
               
               that
               disquieted
               this
               State
               ,
               a
               benefit
               vve
               found
               many
               years
               after
               by
               their
               absence
               ,
               and
               feel
               the
               vvant
               of
               it
               now
               by
               their
               reduction
               .
            
             
               Having
               thus
               shortly
               touched
               upon
               such
               precedent
               examples
               ,
               as
               have
               fallen
               in
               the
               vvay
               ,
               in
               my
               poor
               observation
               ,
               I
               humbly
               crave
               pardon
               to
               offer
               up
               my
               simple
               opinion
               what
               course
               may
               best
               be
               had
               of
               prosecution
               of
               this
               urgent
               cause
               .
               I
               conceive
               it
               not
               unfit
               ,
               that
               vvith
               the
               best
               of
               speed
               ,
               some
               of
               the
               chief
               Secretarries
               vvere
               sent
               to
               the
               Ambassador
               by
               vvay
               of
               advice
               ,
               that
               they
               understanding
               a
               notice
               of
               this
               information
               amongst
               the
               common
               people
               ,
               that
               they
               cannot
               but
               conceive
               a
               just
               fear
               of
               uncivil
               carriage
               towards
               his
               Lordship
               or
               his
               followers
               ,
               if
               any
               the
               least
               incitement
               should
               arise
               ;
               and
               therefore
               for
               quiet
               of
               the
               State
               ,
               and
               security
               of
               his
               person
               ,
               they
               vvere
               bound
               in
               love
               to
               his
               Lordship
               to
               restrain
               as
               vvell
               himself
               as
               followers
               until
               a
               further
               course
               be
               taken
               by
               legal
               examination
               ,
               vvhere
               this
               aspertion
               begun
               ,
               the
               vvay
               they
               onely
               conceived
               secure
               to
               prevent
               the
               danger
               ;
               this
               fear
               in
               likelyhood
               vvill
               be
               the
               best
               motive
               to
               induce
               the
               Ambassador
               to
               make
               discovery
               of
               his
               intelligence
               ,
               when
               it
               shall
               be
               required
               :
               I
               conceive
               it
               then
               most
               fit
               ,
               that
               the
               Prince
               and
               your
               Grace
               to
               morrow
               should
               complain
               of
               this
               in
               Parliament
               ,
               and
               leaving
               it
               so
               to
               their
               
               advice
               and
               justice
               ,
               to
               depart
               the
               House
               ,
               the
               Lords
               at
               the
               instant
               to
               crave
               a
               conference
               of
               some
               small
               number
               of
               the
               Commons
               ,
               and
               so
               conclude
               of
               a
               Message
               to
               be
               sent
               to
               the
               Ambassador
               to
               require
               from
               him
               the
               charge
               and
               proofs
               ;
               the
               Persons
               to
               be
               sent
               ,
               the
               two
               Speakers
               of
               the
               two
               Houses
               ,
               vvith
               some
               convenient
               company
               of
               either
               ,
               to
               have
               their
               Maces
               and
               ensigns
               of
               Office
               born
               brfore
               them
               to
               the
               Ambassadors
               Gate
               ,
               and
               then
               forborn
               ,
               to
               shew
               fair
               respect
               to
               the
               Ambassadors
               ,
               then
               to
               tell
               them
               that
               a
               relation
               being
               made
               that
               day
               in
               open
               Parliament
               of
               the
               former
               information
               to
               the
               King
               by
               his
               Lordship
               ,
               they
               vvere
               deputed
               from
               both
               Houses
               ,
               the
               great
               Councel
               of
               the
               Kingdom
               ,
               to
               the
               vvhich
               ,
               by
               the
               fundamental
               Law
               of
               the
               State
               ,
               the
               chief
               care
               of
               the
               Kings
               safety
               and
               public
               quiet
               is
               committed
               ,
               they
               vvere
               no
               less
               the
               high
               Court
               of
               Justice
               ,
               or
               Supersedeas
               to
               all
               others
               ,
               for
               the
               examining
               and
               correcting
               all
               attempts
               of
               so
               high
               a
               nature
               as
               this
               ,
               if
               it
               carry
               truth
               ;
               That
               they
               regarded
               the
               honour
               of
               the
               State
               ,
               for
               the
               Catholicks
               immoderate
               using
               of
               late
               the
               Lenity
               of
               Soveraign
               Grace
               to
               the
               scandal
               and
               offence
               of
               too
               many
               ,
               and
               this
               aspersion
               now
               newly
               reflecting
               upon
               the
               Prince
               and
               others
               ,
               meeting
               vvth
               the
               former
               distaste
               (
               which
               all
               in
               publique
               conceive
               to
               make
               a
               plot
               to
               breed
               a
               rupture
               between
               the
               King
               and
               
               State
               ,
               by
               that
               party
               maliciously
               layd
               )
               hath
               so
               inflamed
               and
               sharpned
               the
               minds
               of
               most
               ,
               that
               by
               the
               access
               of
               people
               to
               Term
               and
               Parliament
               ,
               the
               City
               more
               filled
               then
               usual
               ,
               and
               the
               time
               it selfe
               neer
               May
               day
               (
               a
               time
               by
               custom
               apted
               more
               to
               licentious
               liberty
               then
               any
               other
               )
               cannot
               but
               breed
               a
               just
               jealousie
               and
               fear
               of
               some
               disorder
               likely
               to
               ensue
               of
               this
               information
               ,
               if
               it
               be
               not
               aforehand
               taken
               up
               by
               a
               fair
               legal
               tryal
               in
               that
               High
               Court
               :
               Neither
               want
               there
               fearful
               examples
               in
               this
               kind
               in
               the
               Ambassadors
               Genoa
               upon
               a
               far
               less
               ground
               in
               the
               time
               of
               Parliament
               ,
               and
               is
               house
               demolished
               by
               such
               a
               seditious
               tumult
               :
               The
               Parliament
               therefore
               ,
               as
               well
               to
               secure
               his
               Lordships
               person
               ,
               followers
               and
               friends
               ,
               from
               such
               outrages
               ,
               to
               preserve
               the
               honour
               of
               the
               State
               ,
               which
               needs
               must
               suffer
               blemish
               in
               such
               misfortunes
               ,
               they
               were
               sent
               thither
               to
               require
               a
               fair
               discovery
               of
               the
               ground
               that
               led
               his
               Lordship
               so
               to
               inform
               the
               King
               ,
               that
               they
               might
               so
               thereupon
               provide
               in
               Justice
               and
               Honor
               ,
               and
               that
               the
               reverence
               they
               bear
               unto
               the
               dignity
               of
               his
               Master
               ,
               may
               appear
               the
               more
               by
               the
               mannerly
               carriage
               of
               his
               Message
               .
               The
               two
               that
               are
               never
               imployed
               but
               to
               the
               King
               alone
               ,
               were
               at
               this
               time
               sent
               ,
               and
               that
               if
               by
               negligence
               of
               this
               fair
               acceptance
               ,
               there
               should
               happen
               out
               any
               such
               disaster
               and
               danger
               ,
               
               the
               World
               and
               they
               must
               justly
               judge
               as
               his
               own
               fault
               :
               If
               upon
               the
               delivery
               of
               this
               Message
               the
               Ambassador
               shall
               tell
               his
               charge
               ,
               and
               discover
               his
               intelligence
               ,
               then
               there
               will
               be
               a
               plaine
               ground
               for
               the
               Parliament
               to
               proceed
               in
               Examination
               and
               Judgment
               ;
               But
               if
               (
               as
               I
               believe
               )
               he
               will
               refuse
               it
               ,
               then
               is
               he
               
                 Author
                 Scandali
              
               both
               by
               the
               Common
               and
               Civil
               Laws
               of
               this
               Realm
               ,
               and
               the
               Parliament
               may
               adjudge
               it
               false
               and
               untrue
               ,
               and
               declare
               by
               a
               public
               Act
               ,
               the
               Prince
               and
               your
               Grace
               innocent
               ,
               as
               was
               that
               of
               the
               Duke
               of
               
                 Gloucester
                 ,
                 2
                 Rich.
              
               2.
               and
               of
               York
               in
               Henry
               the
               sixth
               his
               time
               ,
               then
               may
               the
               Parliament
               joyntly
               become
               Petitioners
               to
               his
               Majesty
               ,
               first
               to
               confine
               his
               Ambasiador
               to
               his
               house
               ,
               restraining
               his
               departure
               ,
               until
               his
               Majesty
               be
               acquainted
               with
               his
               offence
               ,
               and
               aswell
               for
               security
               as
               for
               further
               practice
               to
               put
               a
               Guard
               upon
               the
               place
               ,
               and
               to
               make
               a
               Proclamation
               that
               none
               of
               the
               Kings
               Subjects
               shall
               repair
               to
               his
               house
               without
               express
               leave
               :
               And
               to
               send
               withal
               a
               Letter
               ,
               with
               all
               speed
               ,
               of
               complaint
               against
               him
               to
               the
               King
               of
               Spaine
               ,
               together
               with
               a
               Declaration
               under
               the
               Seals
               of
               all
               the
               Nobility
               and
               Speaker
               of
               the
               Commons
               in
               their
               names
               as
               was
               44
               Hen.
               3.
               to
               the
               Pope
               against
               his
               Legat
               ,
               and
               28
               Edw.
               1.
               
               Requiring
               such
               Justice
               to
               be
               done
               in
               this
               case
               ,
               as
               by
               the
               Leagues
               of
               Amity
               ,
               and
               Law
               of
               
               Nations
               is
               usual
               ,
               which
               if
               the
               King
               of
               Spain
               refuse
               ,
               or
               delay
               ,
               then
               it
               it
               
                 Transactio
                 Criminis
              
               upon
               himself
               ,
               and
               an
               absolution
               of
               all
               Amity
               and
               friendly
               intelligence
               ,
               and
               amounts
               to
               no
               less
               then
               a
               War
               denounced
               .
               Thus
               have
               I
               by
               your
               leave
               ,
               and
               command
               ,
               delivered
               my
               poor
               opinion
               ,
               and
               ever
               will
               be
               ready
               to
               do
               your
               Grace
               the
               best
               service
               ,
               when
               you
               please
               to
               command
               it
               .
            
          
        
         
      
       
         
           
             
             
               THAT
               THE
               KINGS
               OF
               ENGLAND
               Have
               been
               pleased
               usually
               to
               consult
               with
               their
               Peers
               in
               the
               Great
               Councel
               ,
               and
               Commons
               in
               Parliament
               ,
               of
               Marriage
               ,
               Peace
               ,
               and
               War.
               
            
             
               Written
               by
               Sir
               
                 Robert
                 Cotton
              
               ,
               Knight
               and
               Baronet
               ,
               Anno
               1621.
               
            
             
               LONDON
               ,
               Printed
               in
               the
               Year
               1672.
               
            
          
        
         
           
             
             
             
               That
               the
               Kings
               of
               England
               have
               been
               pleased
               usually
               to
               consult
               with
               their
               Peers
               in
               the
               Great
               COUNCIL
               ,
               &c.
               
            
             
               TO
               search
               so
               high
               as
               the
               Norman
               Conquest
               ,
               it
               is
               necessary
               to
               lay
               down
               the
               form
               and
               Government
               of
               those
               times
               ,
               wherein
               the
               state
               of
               affairs
               then
               lead
               in
               another
               form
               of
               publick
               Councels
               ;
               for
               the
               people
               brought
               under
               by
               the
               Sword
               of
               William
               ,
               
               and
               his
               followers
               to
               subjected
               vassallage
               ,
               could
               not
               possess
               in
               such
               assemblies
               the
               right
               of
               their
               former
               liberties
               ,
               
               division
               and
               power
               having
               mastered
               them
               ,
               and
               none
               of
               their
               old
               Nobility
               being
               left
               either
               of
               credit
               or
               fortune
               ,
               what
               he
               retained
               not
               in
               providence
               as
               the
               Demesnes
               of
               the
               Crown
               ,
               or
               reserved
               not
               in
               piety
               for
               the
               maintenance
               of
               the
               Church
               ,
               he
               parted
               to
               those
               Strangers
               that
               sailed
               along
               with
               him
               in
               the
               Bark
               of
               his
               adventure
               ,
               leaving
               the
               Natives
               (
               for
               the
               most
               part
               )
               as
               appeareth
               by
               his
               survey
               in
               no
               better
               condition
               then
               Villenage
               ;
               He
               moulded
               their
               Customs
               to
               the
               manner
               of
               his
               own
               Country
               ,
               and
               forbore
               to
               grant
               the
               Laws
               of
               the
               Holy
               Edward
               so
               often
               called
               for
               .
            
             
             
               To
               supply
               his
               occasions
               of
               men
               ,
               mony
               ,
               or
               provisions
               ,
               he
               Ordered
               that
               all
               those
               that
               enjoyed
               any
               fruit
               of
               his
               Conquest
               ,
               should
               hold
               their
               lands
               proportionably
               by
               so
               many
               Knights
               fees
               of
               the
               Crown
               ,
               and
               admitted
               them
               to
               infeoff
               their
               followers
               ,
               
               with
               such
               part
               as
               they
               pleased
               of
               their
               own
               portions
               ,
               which
               to
               ease
               their
               charge
               they
               did
               in
               his
               and
               his
               Sons
               time
               ,
               by
               two
               infeoffments
               ,
               the
               one
               
                 de
                 novo
              
               ,
               
               the
               other
               
                 de
                 veteri
              
               ;
               This
               course
               provided
               him
               the
               body
               of
               his
               War
               ,
               the
               money
               and
               provision
               was
               by
               Hydage
               assessed
               on
               the
               common
               people
               ;
               at
               the
               consent
               of
               their
               Lords
               ,
               
               who
               held
               in
               all
               their
               Signiories
               such
               right
               of
               regality
               ,
               
               that
               to
               their
               Vassals
               (
               as
               Paris
               saith
               )
               
                 quot
                 Domini
                 tot
                 Tyranni
              
               ,
               and
               proved
               to
               the
               King
               so
               great
               a
               curb
               and
               restraint
               of
               power
               ,
               that
               nothing
               fell
               into
               the
               care
               of
               Majesty
               after
               ,
               more
               then
               to
               retrench
               the
               force
               of
               this
               Aristocracy
               that
               was
               like
               in
               time
               to
               strangle
               the
               Monarchy
               .
            
             
               Though
               others
               foresaw
               the
               mischief
               betimes
               ,
               
               yet
               none
               attempted
               the
               remedy
               ,
               until
               King
               John
               ,
               
               whose
               over
               hasty
               undertakings
               ,
               brought
               in
               those
               broyls
               of
               the
               Barons
               Wars
               .
            
             
               There
               needed
               not
               before
               this
               care
               to
               advise
               with
               the
               Commons
               in
               any
               publick
               assemblies
               ,
               when
               every
               man
               in
               England
               by
               tenure
               held
               himself
               to
               his
               great
               Lords
               will
               ,
               whose
               presence
               was
               
               ever
               required
               in
               those
               Great
               Councels
               ;
               and
               in
               whose
               assent
               his
               dependent
               Tenants
               consent
               was
               ever
               included
               .
            
             
               Before
               this
               Kings
               time
               then
               ,
               
               we
               seek
               in
               vain
               for
               any
               Councel
               called
               ,
               he
               first
               as
               may
               be
               gathered
               (
               though
               darkly
               by
               the
               Record
               )
               used
               their
               Counsels
               and
               assents
               in
               the
               sixth
               year
               of
               his
               Raign
               .
            
             
               Here
               is
               the
               first
               summons
               in
               Records
               to
               the
               Peers
               or
               Barons
               ,
               
                 Tractaturi
                 de
                 magnis
                 ,
                 &
                 arduis
                 negotiis
                 ,
              
               it
               was
               about
               a
               War
               of
               defence
               against
               the
               French
               ;
               And
               that
               the
               Commons
               were
               admitted
               at
               this
               time
               ,
               may
               be
               fitly
               gathered
               by
               this
               Ordinance
               ,
               
                 viz.
                 Provisum
                 est
                 assensu
                 Archiepiscoporum
                 ,
                 Comitum
                 ,
                 Baronum
                 ,
                 &
                 omnium
                 fidelium
                 nostrorum
                 Angliae
                 ,
                 quod
                 novem
                 militis
                 per
                 Angliam
                 inveniend
                 .
                 decimarum
                 ,
                 &c.
              
               and
               this
               was
               directed
               to
               all
               the
               Sheriffs
               in
               England
               ,
               the
               ancient
               use
               in
               publishing
               Laws
               :
               
               From
               this
               there
               is
               a
               breach
               until
               the
               18
               Hen.
               3.
               
               where
               the
               next
               summons
               extant
               is
               in
               a
               Plea
               Roll
               of
               that
               year
               ,
               but
               the
               Ordinances
               are
               lost
               :
               From
               hence
               the
               Records
               afford
               us
               no
               light
               until
               the
               49
               of
               the
               same
               King
               ,
               where
               then
               the
               forme
               of
               summons
               to
               Bishops
               ,
               
               Lords
               ,
               Knights
               ,
               and
               Burgesses
               ,
               are
               much
               in
               manner
               though
               not
               in
               matter
               to
               those
               of
               our
               times
               .
            
             
               This
               Parliament
               was
               called
               to
               advise
               with
               the
               King
               
                 pro
                 pace
                 assecuranda
                 &
                 firmanda
              
               ,
               they
               are
               the
               words
               of
               the
               Writ
               ,
               
               and
               where
               advice
               is
               required
               ,
               consutation
               must
               needs
               be
               admitted
               .
            
             
               To
               this
               King
               succeeded
               Edward
               his
               Son
               ,
               
               a
               wise
               ,
               a
               just
               ,
               and
               fortunate
               Prince
               ,
               his
               Raign
               ,
               and
               so
               long
               to
               the
               fourth
               of
               his
               Grandchild
               ,
               we
               have
               no
               light
               of
               publick
               Councels
               in
               this
               kind
               ,
               
               but
               what
               we
               borrow
               in
               the
               Rolls
               of
               Summons
               ,
               wherein
               the
               form
               stood
               various
               according
               to
               the
               occasions
               ,
               until
               it
               grew
               constant
               in
               the
               form
               it
               is
               now
               ,
               about
               the
               entrance
               of
               Rich.
               2.
               
               The
               Journal
               Rolls
               being
               spoiled
               ,
               by
               the
               injury
               of
               times
               or
               private
               ends
               .
            
             
               This
               King
               in
               the
               fifth
               of
               his
               Raign
               called
               a
               Parliament
               ,
               
               and
               therein
               advised
               with
               his
               Lords
               and
               Commons
               for
               suppressing
               of
               Llewellen
               Prince
               of
               Wales
               ,
               and
               hearing
               that
               the
               French
               King
               intended
               to
               invade
               some
               pieces
               of
               his
               Inheritance
               in
               France
               ,
               he
               summoned
               a
               Parliament
               ,
               
               
                 Ad
                 tractand
                 .
                 ordinand
                 .
                 &
                 faciend
                 .
                 cum
                 Praelatis
                 Proceribus
                 &
                 aliis
                 Incolis
                 Regni
                 quibuslibet
                 hujusmodi
                 periculis
                 &
                 excogitatis
                 malis
                 sit
                 objurand
                 .
              
               Inserting
               in
               the
               Writ
               that
               it
               was
               
                 Lex
                 justissima
              
               ,
               
               
                 provida
                 circumspectione
                 stablita
              
               :
               That
               
                 Quod
                 omnes
                 tangit
                 ab
                 omnibus
                 approbetur
                 .
              
               In
               34.
               
               
                 Super
                 ordinatione
                 &
                 stabilimento
                 Regis
                 Scotiae
                 ,
              
               he
               made
               the
               like
               Convention
               .
            
             
               His
               Son
               the
               second
               Edward
               ,
               
               
                 pro
                 solennitate
                 Sponsalium
                 &
                 Coronationis
              
               ,
               consulted
               with
               his
               people
               in
               his
               first
               year
               ,
               in
               his
               sixth
               year
               ,
               
                 super
                 diversis
                 negotiis
                 
                 statum
                 regni
                 &
                 expeditionem
              
               Guerrae
               Scotiae
               
                 specialiter
                 tangentibus
              
               ,
               
               he
               assembled
               the
               State
               to
               advise
               ;
               the
               like
               he
               did
               in
               the
               eighth
               .
            
             
               The
               French
               King
               having
               invaded
               Gascoin
               in
               the
               thirteenth
               year
               the
               Parliament
               was
               called
               ,
               
               
                 super
                 arduis
                 negotiis
                 statum
                 ,
                 Gasconiae
                 tangentibus
                 .
              
               And
               in
               16.
               
               To
               consult
               
                 ad
                 refraenand
                 .
                 Scotorum
                 obstinentiam
                 &
                 militiam
                 .
              
            
             
               Before
               that
               Edward
               the
               3.
               in
               his
               first
               year
               would
               resolve
               whether
               Peace
               or
               War
               with
               the
               Scotish
               King
               ,
               
               he
               summoned
               the
               Peers
               and
               Commons
               ,
               
                 super
                 praemissis
                 tractare
                 &
                 consilium
                 impendere
                 .
              
            
             
               The
               Chancellor
               in
               
                 Anno
                 quinto
              
               declareth
               from
               the
               King
               the
               cause
               of
               that
               Assembly
               ,
               
               And
               that
               it
               was
               to
               consult
               and
               resolve
               ,
               whether
               the
               King
               should
               proceed
               with
               France
               for
               recovery
               of
               his
               Signiories
               ,
               by
               alliance
               of
               marriage
               ,
               or
               by
               war
               ?
               And
               whether
               to
               suppress
               the
               disobedience
               of
               the
               Irish
               ,
               he
               should
               pass
               thither
               in
               Person
               or
               no
               ?
            
             
               The
               year
               following
               he
               re-assembleth
               his
               Lords
               and
               Commons
               ,
               
               and
               requireth
               their
               advice
               ,
               whether
               he
               should
               undertake
               the
               Holy
               Expedition
               with
               the
               French
               King
               that
               year
               ,
               or
               no
               ?
               The
               Bishops
               and
               Proctors
               of
               the
               Clergy
               would
               not
               be
               present
               ,
               as
               forbidden
               by
               the
               Canons
               such
               Councels
               ,
               the
               Peers
               and
               Commons
               consult
               ,
               applauding
               the
               Religious
               and
               Princely
               forwardness
               of
               
               their
               Sovereign
               to
               this
               holy
               enterprize
               ,
               but
               humbly
               advise
               a
               forbearance
               this
               year
               for
               urgent
               occasions
               .
            
             
               The
               same
               year
               ,
               
               though
               at
               another
               Sessions
               ,
               the
               King
               demanded
               the
               advice
               of
               his
               people
               ,
               Whether
               he
               should
               pass
               into
               France
               to
               an
               enterview
               as
               was
               desired
               for
               the
               exepediting
               the
               treaty
               of
               marriage
               :
               The
               Prelates
               by
               themselves
               ,
               the
               Earls
               and
               Barons
               by
               themselves
               ,
               and
               the
               Knights
               of
               the
               Shires
               by
               themselves
               ,
               consulted
               apart
               ,
               for
               so
               is
               the
               Record
               ;
               and
               in
               the
               end
               resolved
               ,
               That
               to
               prevent
               some
               dangers
               likely
               to
               arise
               from
               the
               North
               ,
               it
               would
               please
               the
               King
               to
               forbear
               his
               journey
               ,
               and
               to
               draw
               towards
               those
               parts
               where
               the
               perils
               were
               feared
               ,
               his
               presence
               being
               the
               best
               prevention
               ;
               which
               advice
               he
               followed
               .
            
             
               In
               the
               following
               Parliament
               at
               York
               the
               King
               sheweth
               how
               by
               their
               former
               advice
               he
               had
               drawn
               himself
               towards
               the
               North
               parts
               ,
               
               and
               now
               again
               had
               assembled
               them
               to
               advise
               further
               for
               his
               proceedings
               ,
               to
               which
               the
               Lords
               and
               Commons
               having
               consulted
               apart
               ,
               pray
               further
               time
               to
               resolve
               ,
               until
               a
               full
               assembly
               of
               the
               State
               ,
               
               to
               which
               the
               King
               granting
               ,
               adjourneth
               that
               Sessions
               .
               At
               the
               next
               meeting
               ,
               they
               are
               charged
               upon
               their
               Allegiance
               and
               Faith
               ,
               to
               give
               the
               King
               their
               best
               advice
               ;
               the
               Peers
               and
               Commons
               consulting
               apart
               ,
               deliver
               their
               opinions
               ,
               and
               so
               the
               Parliament
               ended
            
             
             
               In
               the
               13.
               year
               the
               Grands
               and
               Commons
               are
               called
               to
               consult
               and
               advise
               how
               the
               Domestick
               quiet
               may
               be
               preserred
               ,
               
               the
               Marches
               of
               Scotland
               defended
               ,
               and
               the
               Sea
               secured
               from
               forrein
               Enemies
               ;
               the
               Peers
               and
               Cammons
               having
               apart
               consulted
               ,
               the
               Commons
               after
               their
               desire
               not
               to
               be
               charged
               to
               counsel
               in
               things
               
                 Des
                 quenx
                 ils
                 mont
                 pas
                 cognizance
                 ,
              
               answer
               ,
               That
               the
               Guardians
               of
               the
               Shires
               ,
               assisted
               by
               the
               Knights
               ,
               may
               effect
               the
               first
               ,
               if
               pardons
               of
               Felony
               be
               not
               granted
               .
            
             
               The
               care
               of
               the
               Marches
               they
               humbly
               leave
               to
               the
               King
               and
               his
               Counsel
               ,
               and
               for
               the
               safeguard
               of
               the
               Seas
               ,
               they
               wish
               that
               the
               Cinque
               Ports
               ,
               &
               Marine
               towns
               ,
               discharged
               for
               the
               most
               part
               from
               the
               main
               burthens
               of
               the
               In-land
               parts
               ,
               may
               have
               that
               left
               to
               their
               charge
               and
               care
               ,
               and
               that
               such
               as
               have
               lands
               neer
               the
               Coasts
               be
               commanded
               to
               reside
               on
               those
               possessions
               .
            
             
               The
               Parliament
               is
               the
               same
               year
               reassembled
               
                 Avisamento
                 Praelatorum
              
               ,
               
               
                 procerum
                 ,
                 necnon
                 communitatis
              
               ,
               to
               advise
               
                 de
                 expeditione
                 guerrae
                 in
                 partibus
                 transmarinis
                 ,
              
               at
               this
               ,
               Ordinances
               are
               made
               for
               provision
               of
               Ships
               ,
               arraying
               of
               men
               for
               the
               Marches
               ,
               and
               defence
               of
               the
               Isle
               of
               Jersey
               ,
               naming
               such
               in
               the
               Record
               ,
               as
               they
               conceive
               fit
               for
               the
               imployment
               .
            
             
               The
               next
               year
               
                 De
                 la
                 Pool
              
               accompteth
               in
               Parliament
               the
               expences
               of
               the
               wars
               ,
               
               
               a
               new
               aid
               is
               granted
               ,
               and
               by
               several
               Committees
               in
               which
               divers
               are
               named
               that
               were
               no
               Peers
               of
               Parliament
               ,
               the
               safeguard
               of
               the
               seas
               ,
               and
               defence
               of
               the
               borders
               are
               consulted
               of
               .
            
             
               In
               the
               15
               year
               ,
               
                 De
                 assensu
                 Praelatorum
                 Procerum
                 &
                 aliorum
                 de
                 consilio
                 ,
              
               the
               Kings
               passage
               into
               France
               is
               resolved
               of
               .
               Anno
               17.
               
               Badlesmere
               ,
               instead
               of
               the
               Councel
               declareth
               to
               the
               Peers
               and
               Commons
               ,
               That
               whereas
               by
               their
               assents
               the
               King
               had
               undertaken
               the
               wars
               in
               France
               ,
               and
               that
               by
               mediation
               of
               the
               Pope
               a
               truce
               was
               offered
               ,
               which
               then
               their
               Soveraign
               forbore
               to
               entertain
               without
               their
               well
               allowance
               ;
               the
               Lords
               consult
               apart
               ,
               and
               so
               the
               Commons
               returning
               by
               Sir
               
                 William
                 Trussel
              
               an
               answer
               ,
               their
               advice
               and
               desire
               is
               to
               compose
               the
               Quarrel
               ,
               approve
               the
               Truce
               ,
               and
               the
               Popes
               mediation
               .
            
             
               The
               Popes
               undertaking
               proving
               fruitless
               ,
               
               and
               delays
               to
               the
               French
               advantage
               ,
               who
               in
               the
               mean
               space
               allied
               with
               Scotland
               and
               others
               ,
               practized
               to
               root
               out
               the
               English
               Nation
               in
               France
               :
               This
               King
               again
               assembled
               the
               year
               following
               ,
               in
               which
               the
               Peers
               and
               Commons
               after
               many
               days
               meditation
               ,
               resolve
               to
               end
               it
               either
               by
               Battel
               or
               Peace
               ,
               and
               no
               more
               to
               trust
               upon
               the
               mediation
               or
               message
               of
               his
               Holiness
               .
            
             
               In
               the
               21
               year
               ,
               
               the
               chief
               Justice
               Thorpe
               declaring
               to
               the
               Peers
               and
               Commons
               
               that
               the
               French
               Wars
               began
               by
               their
               advice
               first
               ,
               the
               True
               after
               by
               their
               assents
               accepted
               ,
               and
               now
               ended
               ,
               the
               Kings
               pleasure
               was
               to
               have
               their
               Counsels
               in
               the
               prosecution
               ,
               the
               Commons
               being
               commanded
               ,
               
                 Que
                 ils
                 se
                 deveroyent
                 trait
                 ensemble
                 &
                 se
                 quils
                 ensenteroient
                 monstrer
                 au
                 Roy
                 &
                 aux
                 gravitur
                 de
                 son
                 consilio
                 ,
              
               Who
               after
               four
               days
               consulting
               ,
               humbly
               desire
               the
               King
               to
               be
               advised
               by
               his
               Lords
               and
               others
               ,
               more
               experienced
               then
               themselves
               in
               such
               affairs
               .
            
             
               To
               advise
               the
               King
               the
               best
               for
               his
               French
               imployments
               a
               Parliament
               was
               summoned
               Anno
               25.
               
               
               Herein
               the
               King
               for
               a
               more
               quick
               dispatch
               willeth
               the
               Commons
               to
               elect
               24.
               or
               30.
               of
               their
               house
               to
               consult
               with
               the
               Lords
               ,
               these
               to
               relate
               to
               their
               fellows
               ,
               and
               the
               conclusion
               general
               by
               the
               Lords
               to
               the
               King.
               
            
             
               In
               the
               27
               a
               Great
               Counsel
               is
               assembled
               ,
               
               many
               of
               the
               lay
               Peers
               ,
               few
               of
               the
               Clergy
               ,
               and
               of
               the
               Shires
               and
               Burroughs
               but
               one
               a
               peece
               .
            
             
               This
               was
               for
               the
               prosecution
               of
               the
               French
               wars
               ,
               
               when
               honorable
               peace
               could
               not
               be
               gotten
               ;
               but
               the
               year
               following
               a
               Truce
               offered
               ,
               the
               King
               forbore
               to
               entertain
               ,
               until
               he
               had
               the
               consent
               of
               the
               Peers
               and
               Commons
               ,
               which
               they
               in
               Parliament
               accorded
               unto
               before
               the
               Popes
               Notary
               ,
               by
               publick
               Instrument
               .
            
             
             
               The
               dallying
               of
               the
               French
               King
               in
               conclusion
               of
               peace
               ,
               
               and
               the
               falling
               off
               of
               the
               Duke
               of
               Brittany
               ,
               having
               wrought
               his
               end
               with
               France
               by
               reputation
               of
               the
               English
               succour
               ,
               is
               the
               year
               following
               declared
               in
               Parliament
               ,
               and
               their
               advice
               and
               aid
               required
               for
               the
               Kings
               proceeding
               .
            
             
               In
               the
               36.
               year
               he
               calleth
               a
               Parliament
               to
               consult
               whether
               war
               or
               peace
               by
               David
               King
               of
               Scots
               then
               offered
               ,
               
               should
               be
               accepted
               ?
            
             
               In
               the
               40.
               the
               Pope
               demanding
               the
               tribute
               of
               King
               John
               ,
               the
               Parliament
               assembled
               ,
               
               where
               after
               consultation
               apart
               ,
               the
               Prelats
               ,
               Lords
               ,
               and
               Commons
               advise
               the
               denyal
               ,
               although
               it
               be
               by
               the
               dint
               of
               Sword.
               
            
             
               In
               43.
               
               
               The
               King
               declares
               to
               the
               Peers
               and
               Commons
               ,
               that
               the
               French
               against
               the
               Articles
               of
               the
               Truce
               ,
               refused
               payment
               of
               the
               moneys
               ,
               and
               delivery
               of
               the
               Towns
               ,
               summoning
               
                 La
                 Brett
              
               ,
               and
               others
               the
               Kings
               Subjects
               in
               Gascony
               to
               make
               at
               Paris
               their
               appeals
               ,
               and
               had
               forraged
               his
               of
               Bontion
               ,
               requiring
               ,
               whether
               on
               their
               breach
               he
               might
               not
               again
               resume
               the
               stile
               and
               arms
               of
               France
               .
            
             
               The
               Lords
               and
               Commons
               had
               apart
               consulted
               ,
               they
               advised
               the
               King
               to
               both
               ,
               which
               he
               approving
               ,
               altered
               the
               inscription
               and
               figure
               of
               his
               Seal
               .
            
             
               Two
               years
               after
               it
               was
               declared
               to
               the
               Peers
               and
               Commons
               ,
               
               that
               by
               their
               advice
               
               he
               had
               again
               resumed
               the
               stile
               and
               quarrel
               of
               France
               ,
               and
               therefore
               called
               their
               advice
               for
               the
               defence
               of
               the
               realm
               against
               the
               French
               ,
               securing
               of
               the
               Seas
               ,
               and
               pursuing
               of
               the
               Warre
               ,
               of
               which
               they
               consult
               ,
               and
               resolve
               to
               give
               the
               King
               an
               aid
               ;
               
               the
               like
               of
               Councel
               and
               supply
               was
               the
               year
               succeeding
               .
            
             
               In
               the
               50
               a
               Parliament
               to
               the
               purposes
               of
               the
               other
               two
               was
               summoned
               ;
               
               and
               the
               year
               following
               the
               King
               in
               Parliament
               declaring
               how
               the
               French
               combined
               underhand
               against
               him
               with
               Spain
               and
               Scotland
               ,
               required
               their
               advice
               ,
               how
               Peace
               at
               home
               ,
               the
               Territories
               abroad
               ,
               Security
               of
               the
               Sea
               ,
               and
               charge
               of
               the
               War
               might
               be
               maintained
               .
               I
               have
               the
               longer
               insisted
               in
               observing
               the
               carriage
               of
               these
               times
               ,
               so
               good
               and
               glorious
               ,
               after
               ages
               having
               not
               left
               the
               Journal
               entries
               of
               Parliament
               so
               full
               ,
               which
               with
               a
               lighter
               hand
               I
               will
               pass
               through
               .
            
             
               Richard
               ,
               his
               Grand
               child
               succeeded
               to
               the
               Crown
               ,
               
               and
               troubles
               ,
               having
               nothing
               worthy
               his
               great
               fortunes
               ,
               but
               his
               great
               birth
               ;
               
               the
               first
               of
               his
               Raign
               he
               pursued
               the
               Steps
               of
               his
               wise
               Grandfather
               ,
               advising
               with
               Peers
               and
               Commons
               how
               best
               to
               resist
               his
               Enemies
               ,
               that
               had
               lately
               wronged
               many
               of
               his
               Subjects
               upon
               the
               Sea
               coasts
               .
            
             
               In
               the
               second
               year
               he
               again
               consulted
               with
               his
               people
               ,
               
               how
               to
               withstand
               the
               Scots
               ,
               who
               then
               had
               combined
               
               with
               the
               French
               to
               break
               the
               Truce
               .
            
             
               In
               the
               third
               he
               called
               the
               advice
               of
               Parliament
               ,
               
               how
               to
               maintain
               his
               regality
               ,
               impaired
               by
               the
               Popes
               provision
               ,
               how
               to
               resist
               
                 Spain
                 ,
                 France
              
               and
               Scotland
               ,
               that
               had
               raised
               Wars
               against
               him
               ,
               how
               to
               suppress
               his
               Rebells
               in
               Guyen
               and
               Ireland
               ,
               and
               how
               to
               defend
               the
               Seas
               .
            
             
               The
               like
               in
               the
               fourth
               year
               following
               at
               Winsor
               ;
               
               the
               year
               succeeding
               at
               a
               great
               Councel
               ,
               
               the
               King
               having
               proposed
               a
               voyage
               Royal
               into
               France
               ,
               now
               called
               the
               Parliament
               to
               determine
               further
               of
               it
               ,
               and
               it
               is
               worthy
               observation
               ,
               for
               the
               most
               before
               any
               proposition
               of
               War
               or
               Peace
               were
               vented
               to
               the
               Commons
               ,
               a
               debate
               thereof
               proceeded
               in
               the
               great
               Councel
               to
               stay
               it
               fitter
               to
               Popular
               advice
               .
            
             
               The
               quarrel
               of
               Spain
               continuing
               ,
               
               the
               Duke
               of
               Lancaster
               offered
               a
               voyage
               against
               them
               ,
               so
               that
               the
               State
               would
               lend
               him
               money
               ,
               after
               consultation
               they
               granted
               aid
               ,
               but
               not
               to
               bind
               them
               to
               any
               continuance
               of
               Wars
               with
               Spain
               .
            
             
               In
               the
               sixth
               the
               Parliament
               was
               called
               ,
               
               to
               consult
               about
               defence
               of
               the
               borders
               ,
               the
               Kings
               possessions
               beyond
               Sea
               ,
               Ireland
               and
               Gascoyne
               ,
               his
               subjects
               in
               Portugall
               ,
               and
               safe
               keeping
               of
               the
               Seas
               ;
               and
               whether
               the
               King
               should
               proceed
               by
               Treaty
               of
               Alliance
               ,
               or
               the
               Duke
               of
               Lancaster
               by
               force
               ;
               for
               the
               Conquest
               of
               Portuguall
               ,
               
               the
               Lords
               approve
               the
               Dukes
               intention
               for
               Portuguall
               ,
               and
               the
               Commons
               advise
               ,
               that
               Thomas
               Bishop
               of
               Norwich
               ,
               having
               the
               Popes
               Croiceris
               should
               invade
               France
               .
            
             
               The
               same
               year
               the
               State
               was
               re-assembled
               to
               consult
               ,
               
               whether
               the
               King
               should
               go
               in
               person
               to
               rescue
               Gaunt
               ,
               or
               send
               his
               Army
               ;
               the
               Commons
               after
               two
               dayes
               debate
               crave
               a
               conference
               with
               the
               Lords
               ,
               the
               effect
               is
               not
               entered
               in
               the
               Roll
               ,
               only
               they
               bid
               Sir
               
                 Thomas
                 Puckering
              
               their
               speaker
               protest
               ,
               that
               Counsells
               for
               War
               did
               aptly
               belong
               to
               the
               King
               and
               his
               Lords
               ;
               yet
               since
               the
               Commons
               were
               commanded
               to
               give
               their
               advice
               ,
               they
               humbly
               wished
               a
               voyage
               Royal
               by
               the
               King
               ;
               if
               not
               ,
               that
               the
               Bishop
               of
               Norwich
               ought
               with
               the
               advantage
               of
               the
               Popes
               Croiceris
               be
               used
               in
               that
               service
               ,
               who
               accepted
               the
               Charge
               with
               ill
               success
               ;
               he
               further
               for
               the
               Commons
               prayed
               ,
               that
               the
               Kings
               Unkle
               should
               not
               be
               spared
               out
               of
               the
               Realm
               ,
               before
               some
               peace
               be
               setled
               with
               the
               Scots
               ,
               and
               that
               the
               Lord
               
                 de
                 la
                 Sparre
              
               sent
               with
               Propositions
               from
               Spain
               ,
               may
               first
               be
               heard
               .
            
             
               The
               Chancellor
               in
               the
               seventh
               year
               in
               the
               name
               of
               the
               King
               willeth
               the
               Lords
               apart
               ,
               
               and
               so
               the
               Commons
               ,
               to
               consult
               whether
               Peace
               or
               War
               with
               Scotland
               ,
               or
               whether
               to
               resist
               or
               assail
               the
               Kings
               adventure
               with
               
                 Spain
                 ,
                 France
              
               ,
               or
               Flanders
               .
            
             
             
               Their
               opinion
               is
               not
               entered
               in
               the
               Rolls
               (
               an
               omission
               usual
               by
               the
               Clarks
               neglect
               )
               only
               their
               Petition
               is
               recorded
               ,
               that
               the
               Bishop
               of
               Norwich
               may
               accompt
               in
               Parliament
               the
               expence
               of
               the
               monies
               ,
               and
               be
               punished
               for
               his
               faults
               in
               the
               service
               he
               undertook
               ,
               both
               which
               are
               granted
               .
            
             
               At
               the
               next
               Sessions
               the
               same
               year
               the
               Commons
               are
               willed
               to
               advise
               upon
               view
               of
               Articles
               of
               Peace
               with
               the
               French
               ,
               
               whether
               War
               ,
               or
               such
               a
               Unity
               should
               be
               accepted
               ;
               They
               modestly
               excused
               themselves
               as
               too
               weak
               to
               consult
               in
               such
               weighty
               affairs
               ;
               But
               being
               charged
               again
               as
               they
               did
               tender
               the
               honour
               ,
               and
               right
               of
               the
               King
               ,
               they
               make
               this
               answer
               ,
               
                 Quils
                 intendent
                 que
                 ancunes
                 serm●s
                 &
                 terres
                 que
                 mesme
                 lour
                 Leeige
                 auroit
                 ●it
                 pur
                 cest
                 accord
                 in
                 Guien
                 si
                 serront
                 tenns
                 dobt
                 Roy
                 Francois
                 par
                 homage
                 &
                 service
                 mars
                 ne
                 persont
                 uny
                 que
                 lour
                 dit
                 Leeige
                 voiroit
                 assenter
                 trope
                 legierement
                 de
                 temer
                 dicens
                 Francois
                 pertiel
                 service
                 la
                 villa
                 de
                 Callis
                 &
                 aultres
                 terres
                 conquises
                 des
                 francoise
                 per
                 lespreneve
                 verroit
                 la
                 comen
                 ense
                 faest
                 fait
                 si
                 autrement
                 lour
                 perroit
                 bien
                 faire
                 ,
              
               giving
               their
               opinions
               rather
               for
               Peace
               than
               War
               ;
               Peace
               with
               France
               not
               succeeding
               the
               eighth
               year
               ,
               the
               body
               of
               the
               State
               was
               willed
               to
               advise
               ,
               
               whether
               the
               King
               in
               his
               own
               person
               ,
               or
               by
               sending
               of
               forces
               against
               the
               
                 French
                 ,
                 Spain
                 ,
                 Flanders
              
               and
               Scotland
               ,
               should
               proceed
               .
            
             
             
               This
               King
               having
               assembled
               at
               Oxon
               his
               great
               Counsel
               to
               advise
               whether
               he
               should
               pass
               the
               Seas
               or
               no
               ,
               
               with
               an
               Army
               Royal
               ,
               and
               they
               not
               daring
               to
               assent
               without
               greater
               Counsel
               .
            
             
               A
               Parliament
               the
               tenth
               year
               to
               have
               the
               advice
               of
               the
               Commons
               ,
               
               as
               well
               as
               of
               the
               Lords
               was
               called
               ,
               and
               how
               the
               Realm
               should
               be
               governed
               in
               their
               Sovereign
               his
               absence
               .
            
             
               The
               truce
               with
               France
               was
               now
               expired
               ,
               
               the
               Parliament
               was
               called
               in
               the
               13th
               to
               advise
               upon
               what
               conditions
               it
               should
               be
               renewed
               ,
               or
               otherwise
               how
               the
               charge
               of
               the
               War
               should
               be
               susteined
               ;
               at
               this
               assembly
               ,
               and
               by
               consent
               of
               all
               ,
               the
               Duke
               of
               Lancaster
               is
               created
               Duke
               of
               Aquitaine
               ,
               the
               Statute
               of
               provisions
               now
               past
               .
               
               the
               Commons
               a
               party
               in
               the
               Letter
               to
               the
               Pope
               .
            
             
               The
               year
               succeeding
               a
               Parliament
               is
               called
               ,
               
               for
               the
               King
               would
               have
               advice
               with
               the
               Lords
               and
               Commons
               for
               the
               War
               with
               Scotland
               ,
               and
               would
               not
               without
               their
               Counsels
               conclude
               a
               final
               peace
               with
               France
               .
               The
               like
               assembly
               for
               the
               same
               causes
               was
               the
               year
               ensuing
               ,
               the
               Commons
               interesting
               the
               King
               to
               use
               a
               moderation
               in
               the
               Law
               of
               provisions
               ,
               to
               please
               at
               this
               time
               their
               holy
               Father
               ,
               so
               that
               the
               Statute
               upon
               their
               dislike
               may
               again
               be
               executed
               ;
               and
               that
               to
               negotiate
               the
               peace
               with
               France
               the
               Duke
               of
               Aquitaine
               may
               rather
               than
               another
               be
               imployed
               .
            
             
             
               To
               consult
               of
               the
               Treaty
               with
               France
               for
               Peace
               ,
               
               the
               King
               in
               the
               seventeenth
               calleth
               a
               Parliament
               (
               the
               answer
               of
               the
               Lords
               is
               left
               unentred
               in
               the
               Roll
               )
               the
               Commons
               upon
               their
               faith
               and
               allegiance
               charged
               ,
               advised
               that
               with
               good
               moderation
               homage
               may
               be
               made
               ,
               for
               Guien
               an
               appenage
               of
               the
               French
               Croine
               so
               it
               trench
               not
               to
               involve
               the
               other
               pieces
               of
               the
               English
               Conquest
               ,
               their
               answer
               is
               large
               ,
               modest
               and
               worthy
               to
               be
               marked
               .
            
             
               Now
               succeedeth
               a
               man
               ,
               
               that
               first
               studied
               a
               popular
               party
               ,
               as
               needing
               all
               to
               support
               his
               titles
               .
            
             
               He
               in
               the
               fifth
               year
               calleth
               a
               Parliament
               to
               repress
               the
               malice
               of
               the
               Duke
               of
               Orleance
               ,
               
               and
               to
               advise
               of
               the
               Wars
               in
               Ireland
               and
               Scotland
               (
               neither
               Counsels
               or
               supplies
               are
               entred
               in
               the
               Roll
               )
               and
               to
               resist
               an
               invasion
               intended
               by
               France
               and
               Brittain
               ,
               he
               assembleth
               the
               State
               again
               ,
               the
               like
               was
               the
               second
               year
               following
               for
               France
               .
            
             
               In
               this
               the
               Commons
               confer
               with
               ,
               
               for
               guard
               of
               the
               Sea
               ,
               and
               make
               many
               Ordinances
               ,
               to
               which
               the
               King
               assenteth
               ,
               the
               peace
               with
               the
               Merchants
               of
               Bruce
               and
               Foins
               is
               debated
               ,
               and
               a
               Proclamation
               published
               ,
               as
               they
               resolved
               ;
               by
               the
               Speaker
               the
               Commons
               complain
               of
               96
               pieces
               of
               importance
               lost
               in
               Guien
               the
               year
               before
               ,
               
               need
               of
               the
               defence
               of
               the
               borders
               ,
               and
               Sea
               coasts
               ,
               to
               suppress
               the
               Rebellion
               in
               
               Wales
               ,
               and
               disloyalty
               of
               the
               Earl
               of
               Northumberland
               ;
               
               they
               humbly
               desire
               ,
               that
               the
               Prince
               may
               be
               dispatched
               into
               those
               parts
               with
               speed
               ,
               and
               that
               the
               Castle
               of
               Manlion
               the
               key
               of
               the
               three
               realms
               might
               be
               left
               to
               the
               care
               of
               the
               English
               ,
               
               and
               not
               to
               Charls
               of
               Navarre
               a
               stranger
               ,
               and
               to
               have
               a
               vigilant
               eye
               of
               the
               Scotish
               prisoners
               .
            
             
               In
               the
               tenth
               the
               Parliament
               is
               commanded
               to
               give
               their
               advice
               about
               the
               Truce
               with
               Scotland
               ,
               and
               preparation
               against
               the
               malice
               of
               the
               French
               ,
            
             
               His
               Son
               ,
               
               the
               wife
               and
               happy
               undertaker
               ,
               advised
               with
               the
               Parliament
               in
               the
               first
               year
               ,
               
               how
               ,
               to
               cherish
               his
               Allies
               ,
               and
               restrain
               his
               Enemies
               ;
               for
               this
               there
               was
               a
               secret
               Committee
               of
               the
               Commons
               appointed
               to
               conferr
               with
               the
               Lords
               ,
               the
               matter
               being
               entred
               into
               a
               schedule
               touching
               
                 Ireland
                 ,
                 Wales
                 ,
                 Scotland
                 ,
                 Callis
                 ,
              
               
               Gunien
               ,
               Shipping
               ,
               Guard
               of
               the
               Seas
               ,
               and
               War
               ,
               provision
               to
               repulse
               the
               Enemies
               .
            
             
               In
               the
               second
               he
               openeth
               to
               the
               Parliament
               his
               Title
               to
               France
               ,
               
               a
               quarrel
               he
               would
               prosecute
               to
               death
               .
               if
               they
               allowed
               and
               ayded
               ,
               death
               is
               in
               his
               Assembly
               enacted
               to
               all
               that
               break
               the
               Truce
               ,
               or
               the
               Kings
               safe
               conduct
               .
            
             
               The
               year
               following
               peace
               being
               offered
               by
               the
               French
               King
               ,
               
               and
               the
               King
               of
               the
               Romans
               arrived
               to
               effect
               the
               work
               ,
               the
               King
               refuseth
               any
               conclusion
               until
               
               he
               had
               thereunto
               advice
               and
               assent
               of
               the
               Lords
               and
               Commons
               ,
               for
               which
               occasion
               the
               Chancellor
               declareth
               that
               Assembly
               .
            
             
               In
               the
               fourth
               and
               fifth
               ,
               
               no
               Peace
               being
               concluded
               with
               France
               ,
               he
               calleth
               the
               State
               together
               to
               consult
               about
               the
               Warr
               ,
               concluding
               a
               Treaty
               of
               amity
               with
               Sigismund
               King
               of
               the
               Romans
               by
               allowance
               of
               the
               three
               Estates
               ,
               and
               entred
               Articles
               into
               the
               Journal
               Rols
               .
            
             
               The
               same
               year
               ,
               
               by
               the
               Duke
               of
               Bedford
               .
               in
               the
               Kings
               absence
               a
               Parliament
               was
               called
               ,
               to
               the
               former
               purposes
               ,
               as
               appeareth
               by
               the
               Summons
               ,
               though
               in
               the
               Roll
               omitted
               ,
               
               The
               like
               in
               the
               seventh
               .
            
             
               The
               Treaty
               with
               France
               is
               by
               the
               Prelates
               ,
               Nobles
               ,
               and
               Commons
               of
               the
               Kingdom
               perused
               and
               ratified
               in
               the
               11.
               of
               his
               Raign
               .
            
             
               His
               Son
               more
               holy
               then
               happy
               succeeded
               ,
               
               adviseth
               him
               the
               second
               year
               with
               the
               Lords
               and
               Commons
               ,
               for
               the
               well
               keeping
               the
               Peace
               with
               France
               ;
               consulteth
               with
               them
               about
               the
               delivery
               of
               the
               Scottish
               King
               ,
               and
               the
               conclusion
               of
               it
               is
               confirmed
               by
               common
               assent
               .
            
             
               And
               in
               the
               third
               year
               they
               are
               called
               to
               advise
               and
               consent
               to
               a
               new
               Article
               in
               the
               League
               with
               Scotland
               ,
               
               for
               change
               of
               Hostages
               .
            
             
               And
               in
               the
               ninth
               conclude
               certain
               
               
               persons
               by
               name
               to
               Treat
               a
               Peace
               with
               the
               Dolphin
               of
               France
               .
            
             
               The
               Treaty
               at
               Arras
               ,
               whither
               the
               Pope
               had
               sent
               as
               Mediators
               two
               Cardinals
               ,
               not
               succeeding
               .
            
             
               The
               King
               in
               Parliament
               ,
               Anno
               14.
               sheweth
               he
               must
               either
               lose
               his
               Title
               ,
               
               Stile
               ,
               and
               Kingdom
               of
               France
               ,
               or
               else
               defend
               it
               by
               force
               ,
               the
               best
               means
               for
               the
               prevention
               thereof
               he
               willeth
               them
               to
               advise
               him
               .
            
             
               He
               summoneth
               again
               the
               next
               year
               the
               State
               ,
               
               to
               consult
               how
               the
               Realm
               might
               be
               best
               defended
               ,
               and
               the
               Sea
               safe
               kept
               against
               his
               Enemies
               .
            
             
               In
               the
               twentieth
               the
               Commons
               exhibite
               a
               Bill
               for
               the
               Guard
               of
               the
               Sea
               ,
               
               ascertain
               the
               number
               of
               Ships
               ,
               assess
               wages
               ,
               and
               dispose
               prizes
               of
               any
               fortune
               ,
               to
               which
               the
               King
               accordeth
               ,
               and
               that
               the
               Genoways
               may
               be
               declared
               enemies
               for
               assisting
               the
               Turks
               in
               the
               spoyl
               of
               the
               Rhode
               Knights
               ,
               and
               that
               the
               privileges
               of
               the
               Pruce
               and
               Hans
               Towns
               Merchants
               may
               be
               suspended
               ,
               till
               compensation
               be
               made
               to
               the
               English
               for
               the
               ,
               wrongs
               they
               have
               done
               them
               ,
               to
               which
               the
               King
               in
               part
               accordeth
               .
            
             
               The
               King
               by
               the
               Chancellor
               declareth
               in
               Parliament
               
                 Anno
                 23.
              
               
               
               That
               the
               Marriage
               with
               Margaret
               the
               King
               of
               Sicils
               Daughter
               was
               contracted
               for
               enducing
               the
               Peace
               made
               with
               France
               ,
               against
               which
               the
               Lords
               ,
               as
               not
               by
               their
               
               advice
               effected
               ,
               make
               Protestation
               ,
               and
               enter
               it
               on
               the
               Roll.
               
            
             
               In
               the
               25.
               
               the
               King
               intended
               to
               pass
               in
               Person
               into
               Franch
               ,
               and
               there
               to
               treat
               a
               Peace
               with
               the
               King
               ,
               adviseth
               with
               the
               Lords
               and
               Commons
               in
               Parliament
               ,
               and
               Letters
               of
               Mart
               are
               granted
               against
               the
               Brittains
               ,
               
               for
               spoyle
               done
               to
               the
               English
               Merchants
               .
            
             
               The
               Lord
               Hastings
               ,
               
               and
               Abbot
               of
               Gloucester
               declare
               in
               Parliament
               Anno
               27.
               the
               preparation
               of
               the
               French
               ,
               the
               breach
               by
               them
               of
               the
               Peace
               ,
               the
               weak
               defence
               of
               Normandy
               ,
               and
               the
               expiration
               shortly
               of
               the
               Truce
               ,
               requiring
               speedy
               advice
               and
               remedy
               .
            
             
               In
               the
               29.
               
               it
               was
               enjoined
               by
               Parliament
               ,
               to
               provide
               for
               defence
               of
               the
               Sea
               and
               Land
               against
               the
               French.
               
            
             
               It
               was
               commanded
               by
               the
               King
               to
               the
               States
               assembled
               ,
               
               Anno
               33.
               to
               advise
               for
               well
               ordering
               of
               his
               House
               ,
               payment
               of
               the
               Soldiers
               at
               Callis
               ,
               guard
               of
               the
               Sea
               ,
               raising
               of
               the
               siege
               of
               Barwicke
               made
               by
               the
               Scots
               against
               the
               Truce
               ,
               dispoiling
               of
               the
               number
               of
               13000
               Soldiers
               ,
               arrayed
               the
               last
               Parliament
               ,
               according
               of
               differences
               amongst
               the
               Lords
               ,
               restraining
               transportation
               of
               Gold
               and
               Silver
               ,
               and
               acquitting
               the
               disorders
               in
               Wales
               ;
               of
               all
               which
               ,
               Committees
               are
               appointed
               to
               frame
               Bills
               .
            
             
               Edward
               the
               fourth
               by
               the
               Chancellor
               declareth
               in
               his
               seventh
               year
               to
               the
               
               
               Lords
               and
               Commons
               ,
               that
               having
               made
               peace
               with
               Scotland
               ,
               entred
               League
               with
               Spaine
               and
               Denmark
               ,
               contracted
               with
               Burgundy
               and
               Britany
               for
               their
               ayd
               in
               the
               recovery
               of
               his
               right
               in
               France
               ,
               he
               had
               now
               called
               them
               to
               give
               their
               Counsels
               in
               proceeding
               ,
               which
               Charge
               in
               a
               second
               Sessions
               was
               again
               proposed
               unto
               them
               .
            
             
               The
               like
               was
               to
               another
               Parliament
               in
               his
               twelfth
               year
               .
               
            
             
               After
               this
               time
               their
               Journalls
               of
               Parliament
               have
               not
               been
               well
               preserved
               ,
               
               or
               not
               carefully
               entred
               ,
               for
               I
               can
               find
               of
               this
               nature
               no
               Record
               ,
               untill
               the
               first
               of
               Hen.
               7.
               wherein
               the
               Commons
               ,
               by
               
                 Thomas
                 Lovell
              
               their
               Speaker
               ,
               Petition
               the
               King
               to
               take
               to
               Wife
               Elizabeth
               Daughter
               to
               Edw.
               4.
               to
               which
               the
               King
               at
               their
               request
               agreeth
               .
            
             
               The
               next
               is
               the
               third
               of
               Hen.
               the
               8.
               in
               which
               from
               the
               King
               the
               Chancellor
               declareth
               to
               the
               three
               Estates
               the
               cause
               of
               that
               Assembly
               :
               
               The
               first
               to
               devise
               a
               course
               to
               resist
               the
               Invasion
               of
               the
               Scots
               ,
               next
               how
               to
               acquit
               the
               quarrel
               between
               the
               King
               of
               Castile
               ,
               and
               the
               Duke
               of
               Geldres
               his
               Allie
               ;
               lastly
               for
               assisting
               the
               Pope
               against
               Lewis
               King
               of
               France
               ,
               whose
               Bull
               expressing
               the
               injuries
               done
               the
               Sea
               Apostolick
               ,
               was
               read
               by
               the
               Master
               of
               the
               Rolls
               in
               open
               Parliament
               ;
               The
               Chancellor
               ,
               the
               Treasurer
               ,
               and
               other
               Lords
               sent
               down
               to
               the
               Commons
               to
               confer
               with
               them
               .
            
             
             
               The
               last
               in
               the
               32d
               of
               the
               same
               year
               ,
               
               where
               the
               Chancellor
               remembring
               the
               many
               troubles
               the
               State
               had
               undergone
               ,
               in
               doubtful
               titles
               of
               Succession
               ,
               
               declareth
               ,
               that
               although
               the
               Convocation
               had
               judged
               void
               the
               marriage
               of
               Anne
               of
               Cleve
               ,
               yet
               the
               King
               would
               not
               proceed
               ,
               without
               the
               Counsel
               of
               the
               three
               Estates
               :
               The
               two
               Archbishops
               are
               sent
               to
               the
               Commons
               with
               the
               Sentence
               sealed
               ,
               which
               read
               ,
               and
               there
               discussed
               ,
               they
               pass
               a
               Bill
               against
               the
               Marriage
               .
            
             
               In
               all
               these
               passages
               of
               publick
               Counsells
               ,
               wherein
               I
               have
               been
               much
               assisted
               by
               the
               painful
               labour
               of
               Mr.
               Elsings
               ,
               Clerk
               of
               the
               Parliament
               ,
               and
               still
               observe
               ,
               that
               the
               Soveraign
               Lord
               ,
               either
               in
               best
               advice
               ,
               or
               in
               most
               necessities
               ,
               would
               entertain
               the
               Commons
               with
               the
               weightiest
               causes
               ,
               either
               forrain
               or
               domestique
               ,
               to
               apt
               and
               bind
               them
               so
               to
               readiness
               of
               charge
               ,
               and
               they
               as
               warily
               avoyding
               it
               to
               eschew
               expence
               ;
               their
               modest
               answers
               may
               be
               a
               rule
               for
               ignorant
               liberty
               to
               form
               their
               duties
               ,
               and
               humbly
               to
               entertain
               such
               weighty
               Counsells
               at
               their
               Soveraigns
               pleasure
               ,
               and
               not
               to
               the
               wild
               fancy
               of
               any
               Factious
               spirit
               .
               I
               will
               add
               one
               forrain
               example
               to
               shew
               what
               use
               have
               been
               formerly
               made
               by
               pretending
               Marriages
               ,
               and
               of
               Parliaments
               to
               dissolve
               them
               ,
               their
               first
               end
               served
               .
            
             
             
               Maximilian
               the
               Emperour
               ,
               and
               Ferdinand
               of
               Spain
               ,
               the
               one
               to
               secure
               his
               possessions
               in
               Italy
               ,
               the
               other
               to
               gain
               the
               Kingdom
               of
               Navarre
               ,
               (
               to
               both
               which
               the
               French
               King
               stood
               in
               the
               way
               )
               projected
               a
               Marriage
               of
               Charls
               their
               Grand-child
               ,
               with
               Mary
               the
               King
               of
               Englands
               sister
               ,
               it
               was
               embraced
               ,
               and
               a
               Book
               published
               of
               the
               benefits
               likely
               to
               ensue
               the
               Christian
               world
               by
               this
               match
               ,
               
               upon
               this
               Ground
               ,
               Ferdinando
               beginneth
               to
               incite
               Henry
               the
               8th
               to
               war
               with
               France
               ,
               
               presents
               him
               with
               succours
               ,
               and
               designs
               him
               Guien
               to
               be
               the
               mark
               ,
               and
               Dorset
               sent
               with
               men
               and
               munition
               to
               joyn
               with
               the
               Spanish
               forces
               then
               on
               the
               Borders
               of
               Navarre
               ,
               the
               noise
               is
               they
               came
               to
               assist
               Ferdinand
               in
               the
               conquest
               of
               that
               Kingdom
               ,
               which
               though
               false
               ,
               gained
               such
               reputation
               ,
               that
               Albred
               was
               disheartned
               ,
               and
               Ferdinand
               possesed
               himself
               of
               that
               his
               Successors
               since
               retained
               ,
               his
               end
               served
               ,
               the
               English
               Army
               weak
               and
               weather-beaten
               ,
               are
               returned
               fruitless
               .
            
             
               Maximilian
               then
               allureth
               the
               young
               and
               active
               King
               to
               begin
               with
               France
               on
               the
               other
               side
               ,
               
               Turwin
               and
               Turney
               is
               now
               the
               object
               ,
               whither
               Henry
               goeth
               with
               victory
               ,
               but
               better
               advised
               (
               with
               that
               pittance
               )
               makes
               an
               end
               by
               peace
               with
               France
               ,
               whose
               aim
               and
               heart
               was
               set
               on
               Millain
               .
            
             
               A
               new
               bait
               the
               old
               Emperour
               findeth
               
               
               out
               to
               catch
               the
               Ambitious
               young
               man
               ,
               he
               would
               needs
               resign
               unto
               him
               the
               Empire
               ,
               too
               heavy
               for
               his
               age
               to
               bear
               :
               The
               Cardinal
               Sedunensis
               is
               sent
               over
               to
               sign
               the
               Agreement
               ,
               which
               he
               did
               ;
               and
               France
               must
               now
               again
               be
               made
               an
               Enemy
               :
               To
               prevent
               this
               danger
               Francis
               released
               his
               Title
               to
               Naples
               ,
               and
               offereth
               Laogitia
               his
               Daughter
               to
               Maximilians
               Granchild
               Charls
               ,
               
               at
               Noyon
               this
               is
               acted
               in
               the
               dark
               ,
               and
               at
               Arno
               the
               French
               Commissioners
               came
               up
               the
               back
               stairs
               with
               60000
               Florins
               ,
               and
               they
               engrossed
               Covenants
               ,
               when
               the
               abused
               King
               of
               Englands
               Ambassador
               Pace
               ,
               
               went
               down
               the
               other
               ;
               the
               good
               Cardinal
               returneth
               home
               ,
               meeteth
               by
               the
               way
               this
               foul
               play
               of
               his
               Master
               ,
               and
               writ
               to
               the
               King
               of
               England
               ,
               not
               in
               excuse
               ,
               but
               in
               complaint
               ,
               
                 Contra
                 perfidiam
                 Principum
              
               ,
               
               an
               honest
               Letter
               .
               Ferdinand
               and
               Maximilian
               dead
               ,
               Francis
               and
               Charls
               are
               Competitors
               for
               the
               Empire
               .
               Henry
               the
               8th
               is
               courted
               for
               his
               help
               by
               both
               ;
               the
               one
               with
               the
               tye
               of
               Alliance
               (
               for
               the
               Infant
               Dolphin
               had
               affyed
               Henry
               the
               8ths
               Daughter
               )
               the
               other
               with
               the
               like
               ,
               
               and
               Daughter
               ,
               he
               will
               make
               his
               Daughter
               a
               Queen
               
                 in
                 praesente
              
               ,
               which
               the
               Dolphin
               cannot
               do
               ,
               and
               by
               his
               favour
               an
               Empress
               .
            
             
               To
               further
               France
               was
               but
               to
               win
               Ambition
               to
               prey
               upon
               all
               his
               Neighbours
               .
               
               
               the
               English
               King
               is
               won
               ,
               and
               winneth
               for
               Spain
               the
               Imperial
               wreath
               ,
               
               which
               Charls
               in
               two
               Letters
               I
               have
               of
               his
               own
               hand
               then
               thankfully
               confessed
               .
            
             
               From
               Aquisgrave
               he
               cometh
               Crowned
               in
               haste
               to
               England
               ,
               wedded
               at
               Windsor
               the
               Kings
               Daughter
               ,
               contracteth
               to
               joyn
               in
               an
               invasion
               of
               France
               ,
               to
               divide
               it
               with
               his
               Father
               in
               Law
               ,
               by
               the
               River
               of
               Rodon
               ,
               and
               sweareth
               at
               the
               Altar
               in
               Pauls
               to
               keep
               faith
               in
               all
               .
            
             
               Bourbon
               is
               wrought
               from
               France
               ,
               
               and
               entreth
               the
               Province
               with
               an
               Army
               ,
               paid
               with
               King
               Henries
               money
               ;
               Suffolke
               passeth
               with
               the
               English
               Forces
               by
               Picardy
               :
               But
               Charles
               the
               Emperour
               ,
               who
               should
               have
               entred
               
               Guyen-faileth
               ,
               drawing
               away
               Burbon
               from
               a
               streight
               siege
               Marseilles
               ,
               to
               interrupt
               Francis
               then
               entred
               Italy
               ,
               and
               so
               the
               enterprize
               of
               France
               is
               defeated
               ,
               the
               French
               King
               as
               it
               Pavie
               taken
               Prisoner
               by
               Pescaro
               ,
               led
               to
               Grone
               ,
               hurried
               into
               Spain
               by
               the
               Emperours
               Galleys
               ,
               and
               forced
               at
               Madrid
               to
               a
               hard
               bargain
               ;
               without
               privity
               of
               Henry
               the
               8th
               or
               provision
               of
               him
               ,
               
               who
               had
               been
               at
               the
               greater
               charge
               of
               that
               War.
               Now
               the
               Emperour
               affecteth
               that
               Monarchy
               that
               hath
               ever
               since
               (
               as
               some
               say
               )
               infected
               the
               Austrian
               Family
               .
            
             
               Rome
               ,
               the
               fatal
               old
               Seat
               of
               Government
               ,
               
               
               must
               be
               the
               Seat
               of
               his
               Empire
               :
               Burbon
               ,
               and
               after
               Moncado
               are
               directed
               to
               surprize
               it
               .
               Angelo
               the
               observant
               Fryer
               is
               sent
               before
               the
               Pope
               ,
               consigned
               by
               the
               Emperours
               Election
               ,
               
               who
               meant
               (
               as
               his
               own
               instructions
               warrant
               )
               to
               restore
               that
               right
               again
               to
               the
               Imperial
               Throne
               .
            
             
               Charls
               will
               follow
               him
               from
               Barcellona
               with
               an
               Army
               ;
               
               but
               before
               ,
               he
               must
               call
               a
               Parliament
               at
               Toledo
               ,
               whether
               by
               election
               or
               affection
               ,
               I
               dare
               not
               divine
               ,
               that
               Assembly
               maketh
               Protestation
               against
               their
               Masters
               Marriage
               with
               England
               ,
               and
               assign
               him
               Isabella
               of
               Portugal
               for
               a
               wife
               ,
               the
               Instruments
               are
               sent
               signed
               by
               the
               Imperial
               Notary
               to
               Henry
               the
               8th
               .
               
               And
               Charls
               bemoneth
               the
               streight
               he
               is
               forced
               into
               by
               them
               ,
               but
               before
               all
               this
               he
               had
               wrought
               from
               Rome
               ,
               a
               Dispensation
               for
               his
               former
               out-hand
               Marriage
               ;
               sending
               not
               long
               after
               
                 Gonzado
                 Ferdinando
              
               his
               Chaplain
               ,
               to
               invite
               the
               Earl
               of
               Desmon
               to
               rebell
               in
               Ireland
               .
            
             
               And
               to
               invite
               James
               the
               First
               ,
               by
               promise
               of
               a
               Marriage
               to
               Christian
               of
               Denmarks
               Daughter
               ,
               
               his
               Neece
               ;
               to
               enter
               the
               English
               Borders
               ,
               to
               busie
               the
               English
               King
               ,
               for
               asking
               a
               strict
               accompt
               of
               that
               indignity
               .
               Henry
               the
               8th
               with
               Providence
               and
               good
               success
               over-wrought
               these
               dangers
               ,
               and
               by
               the
               League
               of
               Italy
               he
               forced
               him
               to
               moderate
               Conditions
               
               at
               the
               Treaty
               of
               Cambray
               ,
               1529.
               
               He
               being
               made
               
                 Caput
                 foederis
              
               against
               the
               Emperour
               .
            
             
               I
               may
               end
               your
               Honours
               trouble
               with
               this
               one
               Example
               ,
               and
               with
               humble
               prayers
               ,
               That
               the
               Catholique
               may
               have
               so
               much
               of
               Princely
               sincerity
               ,
               as
               not
               to
               intend
               the
               like
               ,
               or
               my
               good
               gracious
               Master
               a
               jealous
               vigilancy
               to
               prevent
               it
               ,
               if
               it
               should
               ,
               &c.
               
            
          
        
         
      
       
         
           
             
             
             
               THAT
               THE
               SOVERAIGNS
               PERSON
               is
               Required
               in
               the
               Great
               COUNCELLS
               ,
               OR
               ASSEMBLIES
               OF
               THE
               STATE
               ,
               As
               well
               at
               the
               Consultations
               as
               at
               the
               Couclusions
               .
            
             
               Written
               by
               Sir
               
                 Robert
                 Cotton
              
               ,
               Knight
               and
               Baronet
               .
            
             
               LONDON
               ,
               Printed
               in
               the
               Year
               1672.
               
            
          
        
         
           
             
             
             
               THAT
               THE
               SOVERAIGNS
               PERSON
               is
               Required
               in
               the
               Great
               COUNSELS
               ,
               OR
               ASSEMBLIES
               OF
               THE
               STATE
               ,
               &c.
               
            
             
               SInce
               of
               these
               Assemblies
               few
               Diaries
               ,
               or
               exact
               Journal
               Books
               are
               remaining
               ,
               and
               those
               but
               of
               late
               ,
               and
               negligently
               entred
               ,
               the
               Acts
               ,
               and
               Ordinances
               only
               reported
               to
               Posterity
               are
               the
               Rolls
               ,
               this
               question
               though
               clear
               in
               general
               reason
               ,
               and
               conveniency
               ,
               must
               be
               wrought
               for
               the
               particular
               ,
               out
               of
               such
               incident
               proofs
               ,
               as
               the
               Monument
               of
               Story
               ,
               and
               records
               by
               pieces
               leave
               us
               .
               And
               to
               deduct
               it
               the
               dearer
               down
               ,
               some
               
               essential
               circumstances
               of
               name
               ,
               time
               ,
               place
               ,
               occasion
               ,
               and
               persons
               ,
               must
               be
               in
               a
               general
               shortly
               touched
               ,
               before
               the
               force
               of
               particular
               proofs
               be
               laid
               down
               .
               
               This
               noble
               body
               of
               the
               State
               ,
               now
               called
               the
               houses
               in
               Parliament
               ,
               is
               known
               in
               several
               ages
               ,
               by
               several
               names
               Consilia
               the
               Counsels
               in
               the
               old
               times
               ,
               after
               
                 Magnum
                 ,
                 Commune
              
               ,
               and
               
                 Generale
                 ,
                 Consilium
                 ,
                 Curia
                 Magna
                 ,
                 capitalis
                 ,
              
               and
               
                 Curia
                 Regis
              
               ;
               
               sometimes
               
                 Generale
                 Placitum
              
               ,
               and
               sometimes
               Synodi
               and
               
                 Synodalia
                 decreta
              
               ,
               
               although
               aswell
               the
               causes
               of
               the
               Common-wealth
               as
               Church
               were
               there
               decided
               .
               The
               name
               of
               Parliament
               ,
               except
               in
               the
               Abbots
               Chapters
               ,
               not
               ever
               heard
               of
               until
               the
               raign
               of
               
                 King
                 John
              
               ,
               and
               then
               but
               rarely
               .
               At
               the
               Kings
               Court
               were
               these
               Conventions
               usually
               ,
               
               and
               the
               Presence
               ,
               Privy
               Chamber
               ,
               or
               other
               room
               convenient
               ,
               for
               the
               King
               in
               former
               times
               as
               now
               then
               used
               ;
               for
               what
               is
               the
               presenst
               House
               of
               Lords
               ,
               but
               so
               ,
               as
               at
               this
               time
               ,
               and
               was
               before
               the
               fyring
               of
               the
               Pallace
               at
               Westminster
               ,
               about
               the
               seventeenth
               of
               Henry
               the
               eighth
               ,
               who
               then
               and
               there
               recided
               .
            
             
               Improbable
               it
               is
               to
               believe
               the
               King
               was
               excluded
               his
               own
               Privie
               Chamber
               ,
               and
               unmannerly
               for
               guests
               to
               barre
               him
               the
               company
               ,
               who
               gave
               to
               them
               their
               entertainment
               .
               
               It
               was
               at
               first
               as
               now
               
                 Edicto
                 Principis
              
               ,
               at
               the
               Kings
               pleasure
               .
               Towards
               the
               end
               of
               the
               Saxons
               ;
               and
               in
               
               the
               first
               time
               of
               the
               Norman
               Kings
               ,
               
               it
               stood
               in
               Custome-Grace
               ,
               to
               
                 Easter
                 ,
                 Whitsontide
              
               ,
               and
               Christmas
               fixed
               .
               
               The
               Bishops
               ,
               Earls
               ,
               and
               Lords
               ,
               
                 Ex
                 more
              
               ,
               then
               Assembled
               (
               so
               are
               the
               frequent
               words
               in
               all
               the
               Annalls
               )
               the
               King
               of
               course
               then
               revested
               with
               his
               imperial
               Crown
               by
               the
               Bishops
               and
               Peers
               assembling
               ,
               
               in
               recognition
               of
               their
               pre-obliged
               faith
               and
               present
               service
               ,
               until
               the
               unsafe
               time
               of
               King
               John
               ,
               by
               over-potent
               and
               popular
               Lords
               ,
               gave
               discontinuance
               to
               this
               constant
               grace
               of
               Kings
               ,
               
               and
               then
               it
               returned
               to
               the
               uncertain
               pleasure
               of
               the
               Soveraigns
               summons
               .
               
               The
               causes
               then
               as
               now
               of
               such
               Assemblies
               ,
               were
               provisions
               for
               the
               support
               of
               the
               State
               in
               Men
               and
               Money
               ,
               well
               ordering
               of
               the
               Church
               and
               Common
               wealth
               ,
               and
               determining
               of
               such
               causes
               ,
               
               which
               ordinary
               Courts
               
                 nesciebant
                 judicare
              
               (
               as
               Glanvill
               
               the
               grand
               judge
               under
               Henry
               the
               second
               saith
               )
               where
               the
               presence
               of
               the
               King
               was
               still
               required
               ,
               
               it
               being
               otherwise
               absurd
               to
               make
               the
               King
               assentor
               to
               the
               Judgments
               of
               Parliament
               ,
               and
               afford
               him
               no
               part
               in
               the
               consultation
               .
               The
               necessity
               thereof
               is
               well
               and
               fully
               deduced
               unto
               us
               in
               a
               reverent
               monument
               not
               far
               from
               that
               grave
               mans
               time
               in
               these
               words
               ,
               
               
                 Rex
                 tenetur
                 omni
                 modo
                 personaliter
                 interesse
                 Parliamento
                 ,
              
               nisi
               per
               Corporalem
               agritudinem
               detineatur
               .
               Then
               to
               
               acquaint
               the
               Parliament
               ,
               of
               such
               occasion
               of
               either
               house
               ,
               
                 Causa
                 est
                 quod
                 solebat
                 Clamor
                 &
                 Murmur
                 esse
                 pro
                 absentia
                 Regis
                 quia
                 res
                 damnosa
                 &
                 periculosa
                 est
                 toto
                 Communitati
                 Parliamenti
                 &
                 Regni
                 cum
                 Rex
                 à
                 Parliamento
                 absens
                 fuerit
                 ,
                 Nec
                 se
                 absentare
                 debet
                 ,
                 nec
                 potest
                 nisi
                 duntaxat
                 in
                 Causa
                 supradicta
                 .
              
               By
               this
               appeareth
               the
               desire
               of
               the
               State
               to
               have
               the
               Kings
               presence
               in
               these
               great
               Counsels
               by
               express
               necessity
               .
               I
               will
               now
               endeavour
               to
               lead
               the
               practise
               of
               it
               from
               the
               dark
               and
               eldest
               times
               to
               these
               no
               less
               neglected
               of
               ours
               .
            
             
               From
               the
               year
               720.
               to
               neer
               900.
               during
               all
               the
               Heptarchy
               in
               all
               the
               Councels
               remaining
               composed
               
                 Ex
                 Episcopis
              
               ,
               
               Abbatibus
               ,
               
               Ducibus
               ,
               satrapis
               ,
               &
               omni
               dignitate
               optimatibus
               Ecclesiasticis
               scilicet
               &
               secularibus
               personis
               pro
               utilitate
               Ecclesiae
               ,
               &
               
                 stabilitate
                 Regni
                 pertractand
              
               .
               Seven
               of
               them
               are
               
                 Rege
                 praecedente
              
               and
               but
               one
               by
               deputy
               ;
               and
               incongruous
               it
               were
               and
               almost
               non-sence
               ,
               to
               bar
               his
               presence
               that
               is
               president
               of
               such
               an
               Assembly
               .
            
             
               The
               Saxon
               Monarchy
               under
               
                 Alfred
                 ,
                 Ethelred
              
               ,
               
               and
               Edgar
               in
               their
               Synods
               or
               
                 Placita
                 generalia
              
               went
               in
               the
               same
               practise
               and
               since
               .
               Thus
               Ethelwald
               appealed
               against
               Earl
               Leofrick
               From
               the
               County
               and
               
                 generale
                 Placitum
              
               before
               King
               Ethelred
               and
               Edgira
               the
               Queen
               ,
               
               against
               Earl
               Goda
               to
               Eldred
               the
               King
               at
               London
               ,
               
               
               
                 Congregatis
                 Principibus
                 &
                 sapientibus
                 Angliae
              
               .
               
               In
               the
               year
               1502.
               under
               Edward
               the
               Confessor
               
                 Statutum
                 est
                 placitum
                 magnum
                 extra
                 Londinum
                 quod
                 Normanni
                 ex
                 Francorum
                 consuetud
                 .
              
               
               
                 Parliamentum
                 appellant
              
               where
               the
               King
               and
               all
               his
               Barons
               appealed
               Goodwin
               for
               his
               Brother
               Alureds
               death
               ,
               the
               Earl
               denyed
               it
               ,
               and
               the
               King
               replyed
               thus
               ,
               My
               Lords
               ,
               you
               that
               are
               my
               liege
               men
               Earls
               and
               Barons
               of
               the
               Land
               here
               Assembled
               together
               have
               heard
               my
               Appeal
               and
               his
               Answer
               ,
               unto
               you
               be
               it
               left
               to
               do
               right
               betwixt
               us
               .
            
             
               At
               the
               great
               Councel
               at
               Westminster
               1072.
               
               in
               Easter
               week
               ,
               the
               cause
               of
               the
               two
               Archbishops
               Lanfrank
               and
               
                 Thomas
                 ,
                 ventilata
                 fuit
              
               ,
               in
               praesentia
               Regis
               Willielm
               .
               And
               after
               at
               
                 Winsor
                 ,
                 finem
                 accepit
                 in
                 proesentia
                 Regis
                 .
              
               At
               the
               same
               feast
               in
               the
               year
               1081.
               (
               the
               usual
               time
               of
               such
               Assemblies
               )
               the
               King
               ,
               the
               Archbishops
               ,
               Bishops
               ,
               Abbots
               ,
               Earls
               ,
               and
               chief
               Nobility
               of
               the
               Kingdom
               present
               (
               for
               so
               are
               the
               words
               of
               the
               Records
               )
               the
               cause
               between
               Arsast
               Bishop
               of
               Norway
               ,
               
               and
               Baldwyne
               Abbot
               of
               Bury
               was
               also
               argued
               ,
               
                 Et
                 ventilata
                 in
                 publica
                 jubet
                 Rex
                 teneri
                 Judicium
                 Causis
                 auditis
                 Amhorum
                 .
              
            
             
               The
               diligence
               of
               his
               Son
               the
               Learned
               Henry
               the
               first
               in
               executing
               of
               this
               part
               of
               his
               kingly
               function
               is
               commended
               to
               posterity
               ,
               
               by
               
                 Walter
                 Mape
              
               ,
               a
               Learned
               
               man
               ,
               trained
               up
               ,
               and
               in
               favour
               with
               Henry
               the
               second
               ,
               in
               these
               words
               ,
               
                 Omnia
                 Regali
                 more
                 moderamine
                 faciebat
                 ,
                 neminem
                 volebat
                 agere
                 justitia
                 vel
                 pace
                 .
                 Constituerat
                 autem
                 ad
                 tranquilitatem
                 omnium
                 ut
                 diebus
                 vacationis
                 ,
                 vel
                 in
                 domo
                 magna
                 subsidio
                 copiam
                 sui
                 faceret
                 ,
                 usque
                 ad
                 horam
                 sextam
                 ,
              
               (
               which
               was
               till
               twelve
               as
               we
               now
               accompt
               )
               
                 secum
                 habens
                 Comites
                 ,
                 Baronet
                 ,
                 Proceres
                 ,
                 &
                 Vavasores
                 ,
              
               to
               hear
               ,
               and
               determine
               causes
               ,
               whereby
               he
               attained
               the
               surname
               of
               
                 Leo
                 Justitiae
              
               in
               all
               stories
               ,
               
               and
               so
               out-went
               in
               quiet
               guidance
               of
               the
               State
               his
               best
               progenitors
               .
               
               The
               next
               of
               his
               name
               that
               succeeded
               is
               remembred
               every
               where
               for
               his
               debates
               and
               his
               disputes
               he
               had
               in
               person
               with
               Thomas
               the
               Archbishop
               ,
               and
               others
               of
               his
               part
               ,
               
               at
               the
               great
               Counsels
               both
               at
               
                 London
                 ,
                 Clarendon
              
               ,
               and
               Northampton
               ,
               for
               redress
               of
               the
               many
               complaints
               of
               the
               Commons
               ,
               against
               the
               outrages
               and
               extortions
               of
               the
               Clergy
               ;
               one
               thousand
               five
               hundred
               and
               fifty
               seven
               ,
               
                 Die
                 Penticostis
                 apud
                 sanctum
                 Edmundum
              
               ,
               the
               same
               King
               
                 Diademate
                 Insignitus
              
               ,
               
               with
               the
               Bishops
               ,
               Abbots
               ,
               Earls
               ,
               and
               Barons
               of
               the
               Kingdome
               ,
               sate
               daily
               himself
               and
               heard
               all
               the
               debates
               ,
               concerning
               the
               Liberties
               and
               Charters
               of
               
                 Battle
                 Abbey
              
               .
               The
               interlocutory
               Speeches
               as
               well
               of
               the
               King
               ,
               as
               Lords
               and
               parties
               are
               at
               full
               related
               in
               a
               Register
               of
               that
               Church
               .
            
             
             
               The
               sute
               between
               the
               Church
               of
               Lincolne
               and
               Saint
               Albanes
               ,
               
               
                 in
                 praesentia
                 Regis
                 Henry
                 Archepiscop
                 .
                 &
                 Episcop
                 .
                 omnium
                 Angliae
                 ,
                 &
                 Comitum
                 &
                 Baronum
                 Regni
                 ,
              
               was
               at
               Westminster
               debated
               and
               ended
               :
               And
               had
               alone
               of
               memory
               and
               truth
               been
               a
               protector
               of
               the
               publick
               Records
               of
               the
               State
               ,
               as
               awe
               of
               the
               Clergies
               sensure
               was
               a
               guard
               to
               theirs
               ,
               in
               tempestuous
               times
               ,
               we
               had
               not
               been
               now
               left
               to
               the
               only
               friendship
               of
               Monkes
               diligence
               ;
               for
               example
               in
               this
               kind
               .
               
               At
               Lincolne
               the
               Archbishops
               ,
               some
               Bishops
               ,
               but
               all
               the
               Earles
               and
               Barons
               of
               the
               Realme
               ,
               
                 una
                 Cum
                 Rege
                 Johanne
                 Congregati
                 ad
                 colloquium
                 de
                 concordia
                 Regis
                 Scotiae
                 ,
              
               saith
               the
               Register
               of
               that
               Church
               .
            
             
               This
               use
               under
               King
               Henry
               the
               third
               ,
               
               needeth
               no
               further
               proofe
               ,
               than
               the
               Writ
               of
               summons
               (
               then
               framed
               )
               expressing
               that
               Kings
               mind
               and
               practise
               ;
               It
               is
               
                 Nobiscum
                 &
                 Praelatis
                 &
                 Magnatibus
                 nostris
                 quos
                 vocari
                 fecimus
                 super
                 praemissis
                 tractare
                 &
                 Consilium
                 impendere
                 ,
              
               which
               word
               Nobiscum
               implieth
               plainely
               the
               Kings
               presence
               ;
               what
               the
               succeeding
               practise
               was
               ,
               from
               the
               fifteenth
               year
               of
               the
               second
               Edward
               ,
               the
               proper
               Records
               of
               this
               inquiry
               (
               the
               Journall
               Books
               being
               lost
               )
               I
               am
               enforced
               to
               draw
               from
               out
               the
               Rolls
               of
               Acts
               ,
               wherein
               sometimes
               by
               chance
               they
               are
               remembred
               .
               Edward
               the
               second
               was
               present
               
               in
               Parliament
               in
               the
               fifteenth
               year
               of
               his
               Raigne
               at
               the
               complaint
               against
               the
               Spencers
               ,
               
               and
               at
               the
               second
               Parliament
               that
               year
               ,
               for
               the
               repeale
               of
               that
               banishment
               .
            
             
               In
               the
               fourth
               of
               Edward
               the
               third
               ,
               the
               King
               was
               present
               at
               the
               accusation
               of
               
                 Roger
                 Mortimer
              
               ,
               
               but
               not
               at
               the
               Tryall
               .
            
             
               And
               the
               next
               year
               in
               the
               treaty
               of
               the
               French
               affaires
               .
               
            
             
               In
               the
               sixth
               year
               
                 Intererat
                 Rex
                 in
                 Causa
                 Johannis
                 de
                 Gray
                 &
                 Willielmi
                 de
                 Zous
                 .
              
               The
               same
               year
               the
               second
               day
               in
               Parliament
               ,
               the
               King
               was
               present
               at
               the
               debate
               about
               his
               Voyage
               into
               Scotland
               .
            
             
               In
               the
               fifteenth
               year
               the
               King
               in
               the
               Painted
               Chamber
               sitting
               with
               the
               Lords
               in
               consultation
               ,
               
               the
               Archbishop
               after
               pardon
               prayed
               ,
               that
               for
               better
               clearing
               himself
               ,
               he
               might
               be
               tryed
               in
               full
               Parliament
               by
               his
               Peers
               ;
               which
               was
               granted
               .
            
             
               In
               the
               seventeenth
               in
               
                 Camera
                 Alba
              
               ,
               
               now
               the
               Court
               of
               requests
               ,
               
                 Rex
                 cum
                 magnatibus
                 conveniunt
                 Communes
                 super
                 negotiis
                 Regni
                 .
              
            
             
               In
               the
               tenth
               of
               Richard
               the
               second
               ,
               
               the
               King
               departed
               from
               the
               Parliament
               in
               some
               discontent
               ,
               when
               after
               some
               time
               ,
               Lords
               are
               sent
               to
               pray
               his
               presence
               ,
               and
               informe
               his
               Majesty
               that
               if
               he
               forbear
               his
               presence
               amongst
               them
               
               fourty
               dayes
               ,
               that
               then
               
                 Ex
                 antiquo
                 Statuto
              
               ,
               they
               may
               returne
               
                 absque
                 do●igerio
                 Regis
              
               ,
               to
               their
               severall
               homes
               .
            
             
               Henry
               the
               fourth
               began
               his
               first
               Parliament
               the
               first
               of
               November
               ,
               
               and
               was
               the
               twenty
               seventh
               of
               the
               same
               moneth
               at
               a
               debate
               about
               the
               Duke
               of
               Brittany
               ,
               the
               thirtieth
               day
               the
               Cause
               of
               the
               Archbishop
               of
               Canterbury
               was
               before
               him
               proposed
               only
               .
            
             
               The
               third
               of
               November
               he
               was
               at
               the
               debate
               ,
               
               whether
               the
               Commons
               had
               right
               of
               Judicature
               yea
               or
               no.
               
            
             
               On
               the
               tenth
               he
               was
               with
               the
               Lords
               in
               their
               consultation
               about
               the
               expedition
               against
               the
               Scots
               ;
               
               the
               creation
               of
               the
               Duke
               of
               Lancaster
               ,
               and
               prohibition
               of
               a
               new
               sect
               for
               entring
               his
               Kingdom
               .
               Some
               Ordinances
               were
               at
               this
               time
               consulted
               of
               before
               him
               about
               the
               staple
               ,
               and
               the
               sentence
               against
               Haxey
               after
               dispute
               revoked
               .
            
             
               This
               King
               began
               his
               second
               Parliament
               ,
               the
               twentieth
               of
               January
               ,
               
               and
               on
               the
               ninth
               of
               February
               was
               present
               to
               make
               agreement
               betwixt
               the
               Bishop
               of
               Norwich
               ,
               and
               Thomas
               of
               Erpingham
               .
            
             
               On
               the
               twentieth
               day
               of
               the
               same
               moneth
               he
               was
               present
               at
               Counsell
               for
               repressing
               the
               Welch
               Rebells
               ;
               for
               revocation
               of
               stipends
               ,
               and
               concerning
               the
               Priors
               Aliens
               .
            
             
             
               On
               the
               26.
               they
               advise
               before
               the
               King
               of
               the
               Cistertians
               order
               .
            
             
               On
               the
               second
               of
               March
               of
               the
               Statute
               of
               Provisions
               the
               Keeper
               of
               the
               privy
               Seal
               ,
               of
               relieving
               the
               two
               Universities
               .
            
             
               And
               on
               the
               ninth
               of
               March
               ,
               
               they
               mediate
               before
               the
               King
               a
               reconciliation
               betwixt
               the
               Earl
               of
               Rutland
               and
               the
               Lord
               Fitzwater
               .
            
             
               He
               also
               began
               a
               Parliament
               in
               the
               fifth
               year
               upon
               the
               fifteenth
               of
               January
               ,
               
               and
               on
               the
               twentieth
               they
               advise
               before
               the
               King
               of
               guarding
               the
               Seas
               ,
               and
               the
               Welsh
               rebellion
               .
            
             
               On
               the
               eighth
               of
               February
               the
               Earl
               of
               Northumberland
               is
               charged
               before
               the
               King
               ,
               and
               in
               his
               presence
               ,
               and
               by
               his
               permission
               ,
               divers
               of
               whom
               he
               knew
               no
               harme
               ,
               were
               removed
               from
               the
               Court.
               
            
             
               The
               next
               day
               at
               the
               Petition
               of
               the
               Commons
               ,
               he
               took
               upon
               him
               to
               reconcile
               the
               Earles
               of
               Northumberland
               and
               Westmerland
               .
               And
               on
               the
               two
               and
               twentieth
               of
               February
               of
               the
               Earles
               of
               Northumberland
               and
               Dunbarre
               .
            
             
               In
               a
               Parliament
               of
               27
               of
               Hen.
               the
               6.
               
               a
               Challenge
               of
               seate
               in
               Parliament
               betwixt
               the
               Earles
               of
               Arundell
               and
               Devonshire
               ,
               was
               examined
               and
               appointed
               by
               the
               KING
               with
               the
               advice
               of
               the
               Lords
               .
            
             
               In
               that
               great
               capitall
               cause
               of
               the
               
               
               Duke
               of
               Suffolke
               ,
               the
               28
               of
               Hen.
               6.
               
               I
               finde
               not
               the
               King
               once
               present
               at
               the
               debates
               ,
               but
               the
               Duke
               appealing
               from
               his
               tryall
               by
               Peerage
               ,
               to
               the
               King
               ,
               is
               brought
               from
               out
               of
               the
               house
               of
               Lords
               to
               a
               private
               Chamber
               ,
               where
               the
               King
               after
               the
               Chancellor
               in
               gross
               had
               declared
               his
               offence
               ,
               and
               his
               refusall
               ,
               the
               King
               himself
               (
               but
               not
               in
               place
               of
               judgement
               )
               adjudged
               his
               banishment
               .
            
             
               By
               the
               Rolls
               of
               Edward
               the
               fourth
               ,
               
               it
               appeareth
               that
               he
               was
               many
               dayes
               ,
               besides
               the
               first
               and
               last
               of
               Parliament
               ,
               and
               there
               was
               entred
               some
               Speeches
               by
               him
               uttered
               ,
               but
               that
               of
               all
               the
               rest
               is
               most
               of
               remark
               ,
               the
               reporter
               then
               present
               thus
               tells
               it
               .
               
               This
               of
               the
               Duke
               of
               Clarence
               and
               the
               
                 King
                 ,
                 Tristis
                 disceptatio
                 inter
                 duos
                 tantae
                 humanitatis
                 Germanos
                 ,
                 nemo
                 arguit
                 contra
                 ducem
                 nisi
                 Rex
                 ,
                 nemo
                 respondit
                 Regi
                 nisi
                 dux
                 ,
              
               some
               other
               testimonies
               are
               brought
               in
               ,
               with
               which
               the
               Lords
               are
               satisfied
               ,
               and
               so
               
                 Formârunt
                 in
                 eum
                 sententiam
                 damnations
              
               ,
               by
               the
               mouth
               of
               the
               Duke
               of
               Buckingham
               ,
               the
               Steward
               of
               England
               ,
               all
               which
               was
               much
               distasted
               by
               the
               House
               of
               Commons
               .
            
             
               The
               Raigne
               of
               Henry
               the
               seventh
               affords
               us
               upon
               the
               Rolls
               no
               one
               example
               .
               
               The
               journall
               Bookes
               are
               lost
               ,
               except
               so
               much
               as
               preserves
               the
               passages
               of
               eight
               dayes
               in
               the
               twelfth
               year
               of
               his
               Raigne
               ;
               in
               which
               the
               King
               was
               
               some
               dayes
               present
               at
               all
               debates
               ,
               and
               with
               his
               own
               hand
               the
               one
               and
               thirtieth
               day
               of
               the
               Parliament
               ,
               delivered
               in
               a
               bill
               of
               Trade
               then
               read
               ,
               but
               had
               the
               memorials
               remained
               ,
               it
               is
               no
               doubt
               but
               he
               would
               have
               been
               as
               frequent
               in
               his
               Great
               Councell
               of
               Parliament
               ,
               
               as
               he
               was
               in
               the
               Starre-Chamber
               ,
               where
               by
               the
               Register
               of
               that
               Court
               it
               appeareth
               as
               well
               in
               debate
               of
               private
               causes
               ,
               that
               toucheth
               neither
               life
               nor
               Member
               ,
               as
               those
               of
               publique
               care
               ,
               he
               every
               year
               of
               all
               his
               raign
               was
               often
               present
               .
            
             
               Of
               Henry
               the
               eighth
               ,
               memory
               hath
               not
               been
               curious
               ,
               but
               if
               he
               were
               not
               often
               present
               ,
               peradventure
               ,
               that
               may
               be
               the
               cause
               ,
               which
               the
               learned
               Recorder
               Fleetwood
               ,
               
               in
               his
               preface
               to
               the
               Annalls
               of
               Edward
               the
               fifth
               ,
               Richard
               the
               third
               ,
               Henry
               the
               seventh
               ,
               and
               Henry
               the
               eighth
               hath
               observed
               in
               the
               Statutes
               made
               in
               that
               Kings
               dayes
               ,
               for
               which
               cause
               he
               hath
               severed
               their
               Index
               from
               the
               former
               :
               And
               much
               lay
               in
               the
               will
               of
               Wolsey
               ,
               who
               ever
               was
               unwilling
               to
               let
               that
               King
               see
               with
               his
               own
               eyes
               .
            
             
               Edward
               the
               sixth
               ,
               
               in
               respect
               of
               his
               young
               years
               may
               be
               vvell
               excused
               ,
               but
               that
               such
               was
               his
               purpose
               it
               appears
               by
               a
               memorial
               of
               his
               own
               hand
               ,
               vvho
               proportioning
               the
               affairs
               of
               Councell
               to
               several
               persons
               ,
               reserved
               those
               of
               greatest
               vveight
               to
               his
               own
               presence
               in
               these
               vvords
               .
               
                 These
                 to
                 attend
                 the
                 matters
                 of
                 State
                 ,
                 
                 that
                 I
                 will
                 sit
                 with
                 them
                 once
                 a
                 week
                 to
                 hear
                 the
                 debating
                 of
                 things
                 of
                 most
                 importance
                 .
              
            
             
               Unfitness
               by
               sex
               in
               his
               two
               succeeding
               sisters
               ,
               to
               be
               so
               frequent
               present
               as
               their
               former
               Ancestors
               ,
               led
               in
               the
               ill
               occasion
               of
               such
               opinion
               and
               practise
               .
            
             
               Most
               excellent
               Majesty
               ,
               your
               most
               humble
               servant
               in
               discharge
               of
               obedience
               and
               zeal
               ,
               hath
               hastned
               up
               this
               abstract
               ,
               vvhich
               in
               all
               humility
               he
               offers
               up
               unto
               your
               gracious
               pardon
               .
               Presumption
               to
               enter
               the
               Closet
               of
               your
               Counsell
               is
               far
               from
               his
               modesty
               and
               duty
               ,
               vvhat
               hath
               been
               your
               powerfull
               Command
               ,
               he
               hath
               made
               his
               Work
               ,
               vvhat
               is
               fit
               to
               be
               done
               vvith
               it
               ,
               is
               only
               your
               divine
               judgment
               .
               He
               dares
               not
               say
               Presidents
               are
               vvarrants
               to
               direct
               ;
               The
               success
               (
               is
               as
               vvorthy
               observation
               )
               as
               the
               knowledge
               of
               them
               ,
               sometimes
               have
               made
               ill
               example
               by
               extension
               of
               Regal
               power
               ,
               through
               ill
               Counsels
               vvith
               ill
               success
               .
               Some
               as
               bad
               or
               vvorse
               vvhen
               the
               people
               have
               had
               too
               much
               of
               that
               ,
               and
               the
               King
               too
               little
               ,
               the
               danger
               no
               less
               .
               To
               cut
               out
               of
               either
               of
               these
               patterns
               to
               follovv
               ,
               vvere
               but
               to
               be
               in
               Love
               vvith
               the
               mischief
               ,
               for
               the
               example
               .
               The
               clearer
               I
               present
               this
               to
               your
               Highness
               ,
               the
               nearer
               I
               approach
               the
               uprightness
               of
               your
               heart
               ,
               the
               blessed
               fortune
               of
               your
               happy
               Subjects
               :
               Pardon
               ,
               most
               Sacred
               Majesty
               ,
               that
               I
               offer
               up
               unto
               your
               admired
               vvisdome
               ,
               my
               vveak
               ,
               but
               dutifull
               observations
               out
               
               of
               all
               the
               former
               gathering
               .
               In
               Consultations
               of
               State
               and
               decisions
               of
               private
               plaints
               ,
               it
               is
               clear
               from
               all
               times
               ,
               the
               King
               not
               only
               present
               to
               advise
               and
               hear
               but
               to
               determine
               also
               ,
               in
               Cases
               Criminal
               ,
               and
               not
               of
               Bloud
               ,
               to
               bar
               the
               King
               a
               part
               vvere
               to
               exclude
               him
               the
               Star-chamber
               ,
               as
               far
               from
               reason
               as
               example
               .
               The
               doubt
               is
               then
               alone
               in
               Crimes
               meer
               Capital
               ;
               I
               dare
               not
               commend
               too
               much
               the
               times
               that
               lost
               these
               patterns
               ,
               either
               for
               the
               Causes
               or
               Effects
               ;
               but
               vvish
               the
               one
               and
               other
               never
               more
               .
               To
               proceed
               by
               publick
               Act
               of
               Commons
               ,
               Peers
               ,
               and
               King
               ,
               vvas
               most
               usuall
               .
               Appeals
               are
               given
               by
               Lavv
               of
               Hen.
               4.
               of
               this
               in
               novv
               debate
               ,
               the
               vvay
               I
               fear
               ,
               as
               yet
               obscure
               ,
               as
               great
               advice
               to
               State
               is
               needfull
               for
               the
               manner
               ,
               as
               for
               the
               Justice
               .
               The
               example
               in
               the
               cause
               of
               the
               Duke
               of
               
                 Suffolke
                 ,
                 28
                 Hen.
              
               6.
               vvhere
               the
               King
               gave
               judgement
               vvas
               protested
               against
               by
               the
               Lords
               .
               That
               of
               the
               Duke
               of
               Clarence
               of
               Edw.
               4.
               vvhere
               the
               Lords
               and
               the
               high
               Stevvard
               the
               Duke
               of
               Buckingham
               gave
               judgement
               ,
               vvas
               protested
               against
               by
               Commons
               ,
               in
               both
               of
               these
               the
               King
               vvas
               sometimes
               present
               ,
               but
               vvhich
               of
               those
               may
               suit
               these
               times
               I
               dare
               not
               guess
               .
            
             
               That
               of
               
                 Primo
                 Rich.
              
               2.
               of
               Gomeneys
               and
               Weston
               ,
               accused
               by
               the
               Commons
               plaint
               for
               Treason
               ,
               vvas
               tried
               by
               the
               Lords
               in
               absence
               of
               the
               King
               ,
               but
               sentenced
               by
               
               the
               Lord
               Scroop
               ,
               Stevvard
               for
               the
               King.
               The
               Accused
               vvere
               of
               the
               rank
               of
               the
               Accusers
               ,
               Commons
               and
               not
               Lords
               :
               Hovv
               this
               vvill
               make
               a
               President
               to
               judg
               in
               causes
               Capital
               ,
               a
               Peer
               of
               Parliament
               ,
               I
               cannot
               tell
               .
               But
               if
               I
               should
               conceive
               a
               vvay
               ansvverable
               as
               well
               to
               Parliament
               as
               other
               Courts
               ,
               if
               the
               King
               and
               the
               Lords
               vvere
               Tryers
               ,
               and
               the
               Commons
               assenters
               to
               the
               judgment
               to
               hear
               together
               the
               Charge
               ,
               and
               evidence
               ;
               The
               Lords
               as
               doth
               the
               Jury
               in
               other
               Courts
               ,
               to
               vvithdravv
               ,
               to
               find
               the
               Verdict
               ,
               and
               then
               the
               Stevvard
               ,
               for
               the
               King
               ,
               to
               pronounce
               the
               Sentence
               .
               It
               passeth
               so
               by
               vvay
               of
               Act
               and
               Course
               that
               carrieth
               vvith
               it
               no
               exception
               ,
               and
               likely
               to
               avoid
               all
               curious
               questions
               of
               your
               Highness
               presence
               there
               .
            
             
               If
               your
               humble
               servant
               hath
               in
               this
               expression
               of
               his
               desire
               to
               do
               you
               service
               ,
               presumed
               too
               far
               ,
               his
               Comfort
               is
               ,
               that
               vvhere
               zeal
               of
               duty
               hath
               made
               the
               fault
               ,
               benignity
               of
               goodness
               vvill
               grant
               the
               Pardon
               .
            
          
        
         
      
       
         
           
             
             
             
               A
               DISCOURSE
               OF
               THE
               LAWFULLNES
               OF
               COMBATS
            
             
               To
               be
               performed
               in
               the
               presence
               of
               the
               KING
               ,
               or
               the
               Constable
               and
               Marshall
               of
               ENGLAND
               .
            
             
               Written
               by
               Sir
               
                 Robert
                 Cotton
              
               ,
               Knight
               and
               Baronet
               .
               1609.
               
            
             
               LONDON
               ;
               Printed
               in
               the
               Year
               1672.
               
            
          
        
         
           
             
             
             
               A
               DISCOURSE
               OF
               THE
               LAWFULLNES
               OF
               COMBATS
               To
               be
               performed
               in
               the
               presence
               of
               the
               KING
               ,
               &c.
               COMBAT
               .
            
             
               WHere
               difference
               could
               not
               be
               determined
               by
               legal
               proof
               or
               testimony
               ,
               
               there
               was
               allowed
               the
               party
               his
               purgation
               .
               
            
             
               Which
               was
               either
               
                 
                   Canonicall
                   or
                
                 
                   Legall
                   .
                
              
            
             
               The
               first
               by
               Oath
               ,
               and
               called
               Canonicall
               ,
               because
               it
               is
               Lawfull
               .
            
             
             
               The
               other
               ,
               which
               was
               either
               
                 Per
                 aquam
                 candentem
                 ,
                 ferrum
                 ignitum
                 ,
              
               or
               Duellum
               ,
               called
               vulgare
               ,
               because
               it
               was
               brought
               in
               by
               the
               barbarous
               people
               ,
               without
               the
               pretext
               of
               any
               Law
               ;
               
               untill
               the
               Gothish
               and
               Lombard
               Kings
               ,
               seeing
               their
               Subjects
               more
               addicted
               to
               Martiall
               Discipline
               than
               to
               Civill
               Government
               ,
               reduced
               those
               trialls
               to
               Form
               and
               Rule
               :
               Which
               Constitutions
               are
               now
               incorporated
               in
               the
               Civill
               Law.
               
            
             
               From
               the
               Northern
               Nations
               (
               of
               which
               the
               Saxons
               and
               Normans
               ,
               or
               Northmanni
               are
               part
               )
               it
               was
               brought
               into
               this
               Land
               ,
               And
               although
               it
               grew
               long
               ago
               ,
               both
               by
               the
               Decrees
               of
               
                 Desiderius
                 Luitprandus
              
               ,
               
               and
               the
               Mother
               Church
               ,
               discontinued
               amongst
               the
               Lombards
               ,
               as
               soon
               as
               they
               grew
               Civilized
               in
               Italy
               ;
               yet
               it
               continued
               till
               of
               late
               with
               us
               ,
               as
               a
               mark
               of
               our
               longer
               barbarisme
               :
               Neither
               would
               we
               in
               this
               obey
               the
               See
               of
               Rome
               ;
               to
               which
               we
               were
               in
               many
               respects
               observant
               children
               ;
               which
               ,
               for
               that
               in
               the
               Duell
               ,
               
                 Condemnandus
                 saepe
                 abslovitur
                 ,
                 &
                 quia
                 Deus
                 tentatur
                 ,
              
               decreed
               so
               often
               and
               streightly
               against
               it
               .
            
             
               In
               England
               this
               single
               Combat
               was
               either
               granted
               the
               party
               by
               license
               extra-judiciall
               ,
               or
               legall
               process
               .
               The
               first
               was
               ever
               from
               the
               King
               ,
               as
               a
               chief
               flower
               of
               his
               Imperiall
               Crown
               ,
               and
               it
               .
               was
               for
               exercise
               of
               Arms
               especially
               .
            
             
               Thus
               did
               Richard
               1.
               
               give
               leave
               for
               
               Tournaments
               in
               five
               places
               in
               
                 England
                 ;
                 inter
                 Sarum
                 &
                 Winton
                 ;
                 inter
                 Stamford
                 &
                 Wallingford
                 ,
                 &c.
                 ita
                 quod
                 pax
                 terrae
                 nostrae
                 non
                 infringetur
                 ,
                 nec
                 potestas
                 justiciara
                 minorabitur
                 :
              
               For
               performance
               whereof
               ,
               as
               likewise
               to
               pay
               unto
               the
               King
               according
               to
               their
               qualities
               or
               degrees
               ,
               a
               sum
               of
               money
               proportionable
               ,
               and
               that
               of
               a
               good
               value
               and
               advantage
               to
               the
               Crown
               ,
               they
               take
               a
               solemn
               Oath
               .
            
             
               The
               like
               I
               find
               in
               20
               E.
               1.
               and
               18
               E.
               3.
               granted
               
                 Viris
                 militaribus
                 Comitatus
                 Lincoln
              
               ,
               to
               hold
               a
               Just
               there
               every
               year
               .
               
               
                 Richard
                 Redman
              
               and
               his
               three
               Companions
               in
               Arms
               ,
               had
               the
               licence
               of
               
                 Rich.
                 2.
                 
                 Hastiludere
                 cum
                 Willielmo
                 Halberton
                 ,
              
               
               
                 cum
                 tribus
                 sociis
                 suis
                 apud
                 Civitat
                 .
                 Carliol
                 .
              
               
               The
               like
               did
               H.
               4.
               to
               
                 John
                 de
                 Gray
              
               ;
               and
               of
               this
               sort
               I
               find
               in
               records
               ,
               examples
               plentifull
               .
            
             
               Yet
               did
               Pope
               Alexand.
               the
               fourth
               ,
               following
               also
               the
               steps
               of
               his
               Predecessors
               ,
               Innocentius
               &
               Eugenius
               ,
               prohibit
               throughout
               all
               Christendome
               ,
               
                 Detestabiles
                 nundinas
                 vel
                 ferias
                 quas
                 vulgo
                 Torniamenta
                 vocant
                 ,
                 in
                 quibus
                 Milites
                 convenire
                 solent
                 ad
                 oftentationem
                 virium
                 suaram
                 &
                 audaciae
                 ,
                 unde
                 mortes
                 hominum
                 &
                 pericula
                 animarum
                 saepe
                 conveniunt
                 .
              
               And
               therefore
               did
               Gregory
               the
               tenth
               send
               to
               Edward
               the
               first
               his
               Bull
               
                 pro
                 subtrahenda
                 Regis
                 praesentia
                 à
                 Torniamentis
                 à
                 partibus
                 Franciae
                 ,
              
               as
               from
               a
               spectacle
               altogether
               in
               a
               Christian
               Prince
               unlawfull
               :
               
               For
               ,
               
                 Gladiatorum
                 sceleribus
                 
                 non
                 minus
                 cruore
                 profunditur
                 qui
                 spectat
                 ,
                 quàm
                 ille
                 qui
                 facit
                 ,
              
               saith
               Lactantius
               .
               And
               
                 Quid
                 inhumanius
                 quid
                 acerbius
                 dici
                 potest
                 ,
              
               saith
               Saint
               Cyprian
               ,
               
               then
               when
               
                 homo
                 occiditurs
                 in
                 voluptatem
                 hominis
                 ,
                 &
                 ut
                 quis
                 possit
                 occidere
                 peritia
                 est
                 ,
                 usus
                 est
                 ,
                 ars
                 est
                 ,
                 Scelus
                 non
                 tantùm
                 geritur
                 ,
                 sed
                 docetur
                 .
                 Disciplina
                 est
                 ut
                 primere
                 quis
                 possit
                 ,
                 &
                 Gloria
                 quòd
                 periunt
                 .
              
            
             
               And
               therefore
               great
               Canstantine
               ,
               
               as
               a
               fruit
               of
               his
               conversion
               (
               which
               Honorius
               his
               Christian
               successor
               did
               confirme
               )
               established
               this
               edict
               :
               
               
                 Cruenta
                 spectacula
                 in
                 otio
                 civili
                 &
                 domesticâ
                 quiete
                 non
                 placent
                 :
                 quapropter
                 omninò
                 Gladiatores
                 esse
                 prohibemus
                 .
              
               And
               the
               permission
               here
               amongst
               us
               no
               doubt
               ,
               is
               not
               the
               least
               encouragement
               from
               foolish
               confidence
               of
               Skill
               ,
               of
               so
               many
               private
               quarrells
               undertaken
               .
            
             
               Combats
               permitted
               by
               Law
               ,
               are
               either
               in
               causes
               Criminal
               or
               Civil
               ,
               as
               in
               appeals
               of
               Treason
               ,
               and
               then
               out
               of
               the
               Court
               of
               the
               Cons●able
               and
               Marshal
               ;
               
               as
               that
               between
               Essex
               and
               Montford
               in
               the
               raign
               of
               Henry
               the
               first
               ,
               for
               forsaking
               the
               Kings
               Standard
               .
            
             
               That
               between
               Audley
               and
               Chatterton
               for
               betraying
               the
               fort
               of
               Saint
               Salviours
               in
               Constant
               ,
               
               the
               eighth
               year
               of
               Richard
               the
               second
               .
            
             
               And
               that
               of
               
                 Bartram
                 de
                 Vsano
              
               ,
               and
               
                 John
                 Bulmer
                 ,
                 coram
                 Constabulario
                 &
                 Mariscallo
                 Angliae
                 de
                 verbis
                 proditoris
                 ,
                 Anno
                 9.
                 
                 
                 H.
              
               4.
               
               The
               form
               hereof
               appeareth
               in
               the
               Plea
               Rolls
               ,
               
               
                 Anno
                 22.
                 
                 E.
              
               1.
               in
               the
               case
               of
               Vessey
               :
               And
               in
               the
               Book
               of
               the
               Marshals
               Office
               ,
               in
               the
               Chapter
               
                 Modus
                 faciendi
                 Duellum
                 coram
                 Rege
              
               .
            
             
               In
               Appeals
               of
               Murther
               or
               Robbery
               ,
               the
               Combat
               is
               granted
               out
               of
               the
               Court
               of
               the
               Kings
               Bench.
               The
               Presidents
               are
               often
               in
               the
               books
               of
               Law
               ;
               and
               the
               form
               may
               be
               gathered
               out
               of
               Bracton
               ,
               and
               the
               printed
               Reports
               of
               E.
               3.
               and
               H.
               4.
               
               
               All
               being
               an
               inhibition
               of
               the
               Norman
               Customes
               ,
               
               as
               appeareth
               in
               the
               68th
               .
               chapter
               of
               their
               Customary
               ;
               from
               whence
               we
               seem
               to
               have
               brought
               it
               .
            
             
               And
               thus
               far
               of
               Combats
               in
               Cases
               Criminall
               .
            
             
               In
               Cases
               Civill
               ,
               it
               is
               granted
               either
               for
               Title
               of
               Arms
               out
               of
               the
               Marshals
               Court
               ;
               
               as
               between
               
                 Richard
                 Scroop
              
               and
               Sir
               
                 Robert
                 Grosvenor
              
               ,
               
               Citsilt
               ,
               and
               others
               ,
               Or
               for
               Title
               of
               Lands
               by
               a
               Writ
               of
               Right
               in
               the
               Common-Pleas
               ,
               the
               experience
               whereof
               hath
               been
               of
               late
               :
               as
               in
               the
               Case
               of
               Paramour
               ;
               and
               is
               often
               before
               found
               in
               our
               printed
               Reports
               ,
               
               where
               the
               manner
               of
               darraigning
               Battail
               is
               likewise
               ;
               as
               1
               H.
               6.
               and
               13
               Eliz.
               in
               the
               L.
               Dyer
               expressed
               .
            
             
               To
               this
               may
               be
               added
               ,
               though
               beyond
               the
               Cognisance
               of
               the
               Common
               Law
               ,
               that
               which
               hath
               in
               it
               the
               best
               pretext
               of
               Combat
               ;
               which
               is
               the
               saving
               of
               Christian
               ●loud
               ,
               by
               deciding
               in
               single
               fight
               ,
               that
               
               which
               would
               be
               otherwise
               the
               effect
               of
               publick
               War.
               
            
             
               Such
               were
               the
               Offers
               of
               
                 R.
                 1.
                 
                 E.
              
               3.
               
               and
               R.
               2.
               
               to
               try
               their
               right
               with
               the
               French
               King
               body
               to
               body
               .
               
               and
               so
               was
               that
               between
               Charles
               of
               Arragon
               ,
               
               and
               Peter
               of
               Terracone
               for
               the
               Isle
               of
               Sitilie
               ,
               which
               by
               allowance
               of
               Pope
               Martin
               the
               4th
               .
               and
               the
               Colledge
               of
               Cardinalls
               ,
               was
               agreed
               to
               be
               fought
               at
               Burdeux
               in
               Aquitain
               .
               Wherein
               (
               under
               favour
               )
               he
               digressed
               far
               from
               the
               steps
               of
               his
               Predecessors
               ,
               
                 Eugenius
                 ,
                 Innocentius
              
               ,
               and
               Alexander
               ;
               and
               was
               no
               pattern
               to
               the
               next
               of
               his
               name
               ,
               who
               was
               so
               far
               from
               approving
               the
               Combat
               between
               the
               Dukes
               of
               Burgundy
               and
               Glocester
               ,
               as
               that
               he
               did
               inhibit
               it
               by
               his
               Bull
               ;
               declaring
               therein
               ;
               that
               it
               was
               
                 Detestabile
                 genus
                 pugnoe
                 ,
                 omni
                 divino
                 &
                 humano
                 jure
                 damnatum
                 ,
                 &
                 fidelibus
                 interdictum
              
               ;
               And
               he
               did
               wonder
               and
               grieve
               ,
               
                 quod
                 ira
                 ,
                 ambitio
                 ,
                 vel
                 cupiditas
                 honoris
                 humani
                 ipsos
                 Duces
                 immemores
                 faceret
                 Legis
                 Domini
                 &
                 salutis
                 aeternae
                 ,
                 qua
                 privatus
                 esset
                 quicunque
                 in
                 tali
                 pugna
                 decederat
                 :
                 Nam
                 saepe
                 compertum
                 est
                 superatum
                 fovere
                 justitiam
                 ;
                 Et
                 quomodo
                 existimare
                 quisquam
                 potest
                 rectum
                 judicium
                 ex
                 Duello
                 ,
                 in
                 quo
                 immicus
                 Veritatis
                 Diabolus
                 dominatur
                 .
              
            
             
               And
               thus
               far
               Combates
               ,
               which
               by
               the
               Law
               of
               the
               Land
               ,
               or
               leave
               of
               the
               Soveraign
               ,
               have
               any
               Warrant
               .
            
             
               It
               rests
               to
               instance
               out
               of
               a
               few
               Records
               ,
               
               what
               the
               Kings
               of
               England
               ,
               out
               of
               Regal
               Prerogative
               have
               done
               ,
               either
               in
               restraint
               of
               Martial
               exercises
               ,
               or
               private
               quarrels
               ,
               or
               in
               determining
               them
               when
               they
               were
               undertaken
               :
               And
               to
               shew
               out
               of
               the
               Registers
               of
               former
               times
               ,
               which
               what
               eye
               the
               Law
               and
               Justice
               of
               the
               State
               did
               look
               upon
               that
               Subject
               ,
               that
               durst
               assume
               otherwise
               the
               Sword
               or
               Sceptre
               into
               his
               own
               hand
               .
            
             
               The
               restraint
               of
               Tournaments
               by
               Proclamation
               is
               so
               usuall
               ,
               
               that
               I
               need
               to
               repeat
               ,
               for
               form
               sake
               ,
               but
               one
               of
               many
               .
            
             
               The
               first
               Edward
               ,
               renowned
               both
               for
               his
               Wisedome
               and
               Fortune
               ,
               
                 Publice
                 fecit
                 proclamari
                 ,
                 &
                 firmiter
                 inhiberi
                 ,
                 ne
                 quis
                 ,
                 sub
                 forisfactura
                 terrarum
                 &
                 omnium
                 tenementorum
                 ,
                 torneare
                 ,
                 bordeare
                 ,
                 justas
                 facere
                 ,
                 aventuras
                 quaerere
                 ,
                 seu
                 alias
                 ad
                 arma
                 ire
                 praesumat
                 ,
                 sine
                 Licentia
                 Regis
                 speciali
                 .
              
            
             
               By
               Proclamation
               R.
               2.
               forbad
               any
               but
               his
               Officers
               ,
               
               and
               some
               few
               excepted
               ,
               to
               carry
               any
               Sword
               ,
               or
               long
               Bastard
               ,
               under
               pain
               of
               forfeiture
               and
               Imprisonment
               .
            
             
               The
               same
               King
               ,
               
               in
               the
               19th
               of
               his
               raign
               ,
               and
               upon
               the
               Marriage
               with
               the
               French
               Kings
               daughter
               ,
               commanded
               by
               Proclamation
               ,
               
                 Ne
                 quis
                 Miles
                 ,
                 Armiger
                 ,
                 seu
                 alius
                 Ligeus
                 aut
                 Subditus
                 suus
                 ,
                 cujuscunque
                 status
                 ,
                 aliquem
                 Francigenam
                 ,
                 seu
                 quemcunque
                 alium
                 qui
                 de
                 potestate
                 &
                 obedientia
                 regis
                 existerit
                 ,
              
               Vpon
               what
               pretence
               soever
               ,
               
                 ad
                 aliqua
                 facta
                 Guer●●rum
                 ,
                 seu
                 actus
                 
                 armorum
                 exigat
                 ,
                 sub
                 forisfactura
                 ominum
                 quae
                 Regi
                 forisfacere
                 poterit
                 .
              
            
             
               And
               as
               in
               the
               Kings
               power
               it
               hath
               ever
               rested
               no
               forbid
               Combates
               ,
               so
               it
               hath
               been
               to
               determine
               and
               take
               them
               up
               .
            
             
               Thus
               did
               
                 R.
                 2.
              
               in
               that
               so
               memorable
               quarrel
               between
               Mowbray
               and
               Hereford
               ,
               
               by
               exiling
               them
               both
               .
               And
               when
               Sir
               
                 John
                 de
                 Anestie
              
               ,
               and
               
                 Tho.
                 de
                 Chatterton
              
               ,
               were
               ready
               to
               fight
               ,
               
                 candem
                 quaerelam
                 Rex
                 in
                 manum
                 suam
                 recepit
                 ,
              
               saith
               the
               Record
               .
            
             
               And
               
                 De
                 mandato
                 Regis
                 direptum
                 est
                 praelium
                 inter
                 Johannem
                 Bolmer
                 ,
              
               
               
                 &
                 Bartramum
                 de
                 Vesana
              
               in
               the
               time
               of
               Henry
               the
               fourth
               .
            
             
               Sir
               
                 John
                 Fitz-Thomas
              
               being
               produced
               before
               the
               Earl
               of
               Glocester
               ,
               Deputy
               of
               Ireland
               ,
               and
               there
               Challenged
               by
               Sir
               
                 William
                 deVessy
              
               to
               have
               done
               him
               wrong
               ,
               in
               reporting
               to
               the
               King
               ,
               that
               Sir
               William
               aforesaid
               should
               have
               spoken
               against
               the
               King
               defamatory
               words
               ,
               of
               which
               Sir
               John
               there
               presented
               a
               Schedule
               :
               
               
                 Willielmus
                 ,
                 audito
                 tenore
                 Schedulae
                 praedictae
                 ,
                 dementitus
                 est
                 praedictum
                 Johannem
                 ,
                 dicendo
                 ;
                 mentitus
                 est
                 tanquam
                 falsus
                 ,
                 &
                 proditor
                 ,
                 &
                 denegavit
                 omnia
                 sibi
                 imposita
                 ,
                 &
                 tradidit
                 vadium
                 in
                 manum
                 Justiciarij
                 ,
                 qui
                 illud
                 ad
                 misit
                 .
                 Et
                 Praedictus
                 Johannes
                 advocavit
                 omnia
                 &
                 dementitus
                 est
                 simil
                 .
                 dictum
                 Willielm
                 .
              
               Whereupon
               the
               Combat
               was
               granted
               ,
               and
               the
               time
               and
               place
               inrolled
               :
               
               but
               the
               Process
               was
               adjourned
               into
               England
               before
               the
               King
               ;
               who
               with
               his
               Counsell
               examining
               the
               whole
               proceeding
               ,
               and
               that
               
                 Quia
                 Willielmus
                 attachiatus
                 fuit
                 ad
                 respondend
                 .
                 Johanni
                 praedicto
                 super
                 diffamatione
                 principaliter
                 ,
              
               
               
                 &
                 non
                 sit
                 citatus
                 in
                 Regno
                 isto
                 placitare
                 in
                 Curia
                 Regis
                 ,
                 placita
                 de
                 diffamationibus
                 ,
                 aut
                 inter
                 partes
                 aliquas
                 ,
                 Duellum
                 concedere
                 in
                 placitis
                 de
                 quibus
                 cognitio
                 ad
                 curiam
                 Regis
                 non
                 pertinet
              
               ;
               And
               for
               that
               the
               Judge
               ,
               
                 vadia
                 praedictorum
                 Johannis
                 &
                 Willielmi
                 cepit
                 priusquam
                 Duellum
                 inter
                 eos
                 consideratum
                 &
                 adjudicatum
                 fuit
                 ,
                 quod
                 omnino
                 contra
                 legem
                 est
                 &
                 consuetudinem
                 Regni
                 :
              
               Therefore
               ,
               
                 per
                 ipsum
                 Regem
                 &
                 Concilium
                 concordatum
                 est
                 ,
                 quod
                 processus
                 totaliter
                 adnulletur
                 :
              
               And
               that
               the
               said
               John
               and
               
                 Willlam
                 eant
                 inde
                 sine
                 die
                 ;
                 salva
                 utrique
                 eorum
                 actione
                 sua
                 si
                 alias
                 de
                 aliquo
                 in
                 proedicto
                 processu
                 contento
                 loqui
                 voluerint
                 .
              
            
             
               
                 In
                 a
                 Combat
                 granted
                 in
                 a
                 Writ
                 of
                 right
                 ,
              
               Philip
               de
               Pugill
               ,
               
                 one
                 of
                 the
                 Champions
              
               ,
               oppressus
               multitudine
               hominum
               se
               defendere
               non
               potuit
               :
               
                 Whereupon
                 the
                 People
                 against
                 him
              
               in
               perpetuam
               defamationem
               suam
               in
               eodem
               Duello
               Creantiam
               proclamabant
               ,
               
                 which
                 the
                 King
                 understanding
              
               ,
               Assensu
               Concilii
               statuit
               ,
               quod
               praedict
               .
               Philippus
               propter
               Creantiam
               praedict
               .
               liberam
               legem
               non
               omittat
               ,
               sed
               omnibus
               liberis
               actibus
               gauderet
               sicut
               ante
               Duellum
               gaudere
               consuevit
               .
            
             
               What
               penalty
               they
               have
               incurred
               ,
               that
               without
               law
               or
               license
               have
               attempted
               the
               practise
               of
               Arms
               ,
               or
               
               their
               own
               Revenge
               ,
               may
               somewhat
               appear
               by
               these
               few
               Records
               following
            
             
               William
               Earl
               of
               Albemarle
               was
               Excommunicated
               
                 Pro
                 Torniamento
                 tento
                 contra
                 praeceptum
                 Regis
                 .
              
               
               To
               which
               agreeth
               at
               this
               day
               for
               the
               Duell
               the
               Councel
               of
               Trent
               ,
               and
               that
               held
               at
               Biturio
               in
               Anno
               1584.
               
            
             
               
                 John
                 Warren
              
               Earl
               of
               Surrey
               was
               fined
               at
               a
               thousand
               marks
               
                 pro
                 quadam
                 transgressione
                 in
                 insultu
                 facto
                 in
                 Alanum
                 de
                 la
                 Zouch
                 .
              
            
             
               Talbois
               was
               committed
               to
               the
               Tower
               for
               attempting
               to
               have
               slain
               the
               Lord
               Cromwell
               .
               
            
             
               
                 And
                 because
              
               Robertus
               Garvois
               insultum
               fecit
               ,
               &
               percussit
               Edwardum
               filium
               Williel
               .
               mi
               ,
               inquisitio
               facta
               est
               de
               omnibus
               tenementis
               &
               catallis
               praedicti
               Roberti
               .
            
             
               
                 Edw.
                 Dallingrige
              
               accused
               by
               Sir
               
                 John
                 St.
                 Leger
              
               before
               the
               Kings
               Justices
               
                 Pr●
                 venatione
                 ,
                 &
                 aliis
                 transgressionibus
                 ,
              
               answered
               ,
               that
               these
               accusations
               were
               false
               ,
               and
               threw
               down
               his
               Glove
               ,
               and
               challenged
               
                 disrationare
                 materias
                 praedictas
                 versu●
                 praedictum
                 Johannem
                 per
                 Duellum
                 .
              
               
               
                 Sed
                 quis
                 contra
                 legem
                 terrae
                 vadiavit
                 inde
                 Duellum
                 ,
              
               he
               was
               committed
               to
               Prison
               ,
               
                 quousque
                 satisfaceret
                 Domino
                 Regi
                 pro
                 contemptu
                 .
              
            
             
               Sir
               
                 Nicholas
                 de
                 Segrave
              
               ,
               a
               Baron
               ,
               Challenged
               Sir
               
                 John
                 de
                 Cromwell
              
               ,
               and
               ,
               contrary
               to
               the
               Kings
               prohibition
               ,
               because
               he
               could
               not
               fight
               with
               him
               in
               England
               ,
               dared
               him
               to
               come
               and
               defend
               himself
               in
               
               France
               :
               therein
               (
               as
               the
               Record
               saith
               )
               subjecting
               as
               much
               as
               in
               him
               lay
               ,
               the
               Realm
               of
               England
               to
               the
               Realm
               of
               France
               ,
               being
               stayed
               in
               his
               passage
               at
               Dover
               ,
               was
               committed
               to
               the
               Castle
               ,
               &
               brought
               after
               to
               the
               Kings
               Bench
               ;
               and
               there
               arraigned
               ,
               before
               the
               Lords
               ,
               confesled
               his
               fault
               ,
               &
               submitted
               himself
               to
               the
               King
               ,
               
                 de
                 alto
                 &
                 basso
              
               :
               Wherefore
               judgement
               is
               given
               in
               these
               words
               ,
               
               
                 Et
                 super
                 hoc
                 Dominus
                 Rex
                 volens
                 habere
                 avisamentum
                 Comitum
                 ,
                 Baronum
                 ,
                 Magnatum
                 ,
                 &
                 aliorum
                 de
                 consilio
                 suo
                 ,
                 injunxit
                 .
                 eisdem
                 ,
                 in
                 homagio
                 fidelitate
                 &
                 ligeantia
                 quibus
                 ei
                 tenentur
                 ,
                 quod
                 ipsi
                 considerent
                 quails
                 poena
                 pro
                 tali
                 facto
                 fuerit
                 infligenda
                 .
                 Qui
                 omnes
                 ,
                 habito
                 super
                 hoc
                 consilio
                 ,
                 dicunt
                 quod
                 hujusmodi
                 factum
                 moeretur
                 poenam
                 amisionis
                 vitae
                 ,
              
               Whereupon
               he
               was
               committed
               to
               the
               Tower
               ,
               &
               
                 Ro.
                 Archerd
              
               ,
               that
               attended
               him
               into
               France
               ,
               was
               committed
               to
               prison
               ,
               arraigned
               ,
               &
               fined
               at
               200
               marks
               .
               In
               the
               end
               ,
               &
               aftermuch
               intercession
               ,
               the
               L.
               Segrave
               was
               pardoned
               by
               the
               King
               ,
               but
               could
               not
               obtain
               his
               liberty
               ,
               until
               he
               had
               put
               in
               security
               for
               his
               good
               behaviour
               .
            
             
               But
               this
               course
               holdeth
               proportion
               with
               an
               ancient
               law
               made
               by
               Lotharius
               the
               Emperor
               in
               these
               words
               ,
               
                 De
                 hiis
                 qui
                 discordiis
                 &
                 contentionibus
                 studere
                 solent
                 ,
                 &
                 in
                 pace
                 vivere
                 noluerint
                 ,
              
               
               
                 &
                 inde
                 convicti
                 fuerint
                 ,
                 similiter
                 volumus
                 ,
                 ut
                 per
                 fidejussores
                 ad
                 nostrum
                 Palatium
                 veniant
                 ,
                 &
                 ibi
                 cum
                 nostris
                 fidelibus
                 consider●bimus
                 quid
                 de
                 talibus
                 hominibus
                 faciendum
                 sit
                 .
              
            
          
        
         
      
       
         
           
             
             
             
               A
               BREIF
               ABSTRACT
               Of
               the
               Question
               of
               PRECEDENCIE
               BETWEEN
               ENGLAND
               AND
               SPAINE
               ;
            
             
               Occasioned
               by
               Sir
               
                 Henry
                 Nevill
              
               The
               Queen
               of
               Englands
               Ambassador
               ,
               and
               the
               Ambassador
               of
               Spain
               ,
               at
               Calais
               ,
               Commissioners
               appointed
               by
               the
               French
               King
               ,
               who
               had
               moved
               a
               Treaty
               of
               Peace
               in
               the
               42.
               year
               of
               the
               same
               QUEEN
               .
            
             
               Collected
               by
               
                 Robert
                 Cotton
              
               Esquire
               ,
               at
               the
               commandment
               of
               her
               Majesty
               .
            
             
               
                 Anno
                 Domini
              
               1651.
               
            
             
               LONDON
               ,
               Printed
               in
               the
               Year
               1672.
               
            
          
        
         
           
             
             
             
               A
               BRIEF
               ABSTRACT
               ACT
               Of
               the
               Question
               of
               Precedency
               between
               England
               and
               Spain
               ,
               &c.
               
               
                 
                   Precedency
                   of
                   the
                   King
                   in
                   respect
                   of
                   
                     
                       place
                       
                         
                           Antiquity
                           as
                           a
                           
                             
                               Kingdom
                            
                             
                               or
                               a
                            
                             
                               Christian
                               Kingdom
                               .
                            
                          
                        
                         
                           or
                        
                         
                           Eminency
                           of
                           the
                           Throne
                           Royal
                        
                      
                    
                     
                       or
                    
                     
                       person
                       
                         
                           Nobility
                           of
                           bloud
                        
                         
                           or
                        
                         
                           Antiquity
                           of
                           Government
                           .
                        
                      
                    
                  
                
              
            
             
               
               
                 Precedencie
                 of
                 England
                 in
                 respect
                 of
                 the
                 Antiquity
                 of
                 the
                 Kingdome
                 .
              
               
                 TO
                 seek
                 before
                 the
                 decay
                 of
                 the
                 Roman
                 Empire
                 the
                 antiquity
                 of
                 any
                 Kingdome
                 is
                 meer
                 vanity
                 ,
                 when
                 as
                 the
                 Kingdomes
                 of
                 Christendome
                 ,
                 now
                 in
                 being
                 ,
                 had
                 their
                 rising
                 from
                 the
                 fall
                 thereof
                 ;
                 at
                 which
                 instant
                 Vortigern
                 a
                 Native
                 of
                 this
                 Isle
                 ,
                 first
                 established
                 here
                 a
                 free
                 Kingdom
                 four
                 hundred
                 and
                 fifty
                 years
                 after
                 Christ
                 ,
                 and
                 so
                 left
                 it
                 to
                 the
                 Saxons
                 ,
                 from
                 whom
                 her
                 Majesty
                 is
                 in
                 discent
                 Lineal
                 ;
                 and
                 it
                 is
                 plain
                 ,
                 that
                 as
                 we
                 were
                 later
                 then
                 Spain
                 reduced
                 under
                 the
                 Roman
                 yoak
                 ,
                 so
                 we
                 were
                 sooner
                 infreed
                 .
              
            
             
               
                 Subsequence
                 of
                 Spain
                 .
              
               
                 Spain
                 since
                 the
                 dissolution
                 of
                 the
                 Roman
                 Empire
                 entituled
                 no
                 King
                 ,
                 till
                 of
                 late
                 ,
                 for
                 Attalaricus
                 from
                 whom
                 they
                 would
                 ,
                 upon
                 slender
                 warrant
                 ,
                 ground
                 their
                 dissent
                 ,
                 was
                 never
                 stiled
                 
                   Rex
                   Hispaniae
                
                 ,
                 but
                 Gothorum
                 ,
                 and
                 the
                 Kingdom
                 of
                 
                 Castile
                 ,
                 
                 wherein
                 the
                 main
                 and
                 fairest
                 antiquity
                 of
                 Spain
                 rested
                 ,
                 begun
                 not
                 before
                 the
                 year
                 of
                 Christ
                 1017.
                 whereas
                 they
                 were
                 but
                 Earls
                 of
                 Castile
                 before
                 ;
                 so
                 that
                 the
                 Kingdome
                 of
                 the
                 English
                 began
                 (
                 which
                 was
                 alwayes
                 as
                 Beda
                 observeth
                 a
                 Monarch
                 in
                 a
                 Heptarchie
                 )
                 460.
                 
                 years
                 at
                 the
                 least
                 before
                 the
                 Kingdom
                 of
                 Castile
                 or
                 Spain
                 .
              
            
             
               
                 Precedency
                 of
                 England
                 in
                 respect
                 of
                 Antiquity
                 of
                 Christian
                 Religion
                 .
              
               
                 JOSEPH
                 of
                 Aramathea
                 planted
                 Christian
                 Religion
                 immediately
                 after
                 the
                 passion
                 of
                 Christ
                 ,
                 
                 in
                 this
                 Realm
                 .
              
               
                 And
                 Aristobulus
                 one
                 of
                 them
                 mentioned
                 by
                 Saint
                 Paul
                 ,
                 
                 Romans
                 6.
                 was
                 
                   Episc
                   .
                   Brittanorum
                
                 ,
                 and
                 likewise
                 
                   Simon
                   Zelotes
                
                 .
              
               
                 The
                 first
                 Christian
                 King
                 in
                 Europe
                 was
                 
                   Lucius
                   Surius
                
                 .
                 
              
               
                 The
                 first
                 that
                 ever
                 advanced
                 the
                 papacy
                 of
                 Rome
                 ,
                 
                 was
                 the
                 Emperour
                 Constantinus
                 born
                 at
                 Yorke
                 .
                 Of
                 whom
                 in
                 the
                 Roman
                 Laws
                 near
                 his
                 time
                 is
                 written
                 
                   Qui
                   veneranda
                   Christianorum
                   fide
                   Romanum
                   munivit
                   imperium
                
                 ;
                 And
                 to
                 him
                 peculiarly
                 more
                 than
                 to
                 other
                 Emperours
                 are
                 these
                 Epithitons
                 attributed
                 ,
                 
                 
                   Divus
                   Divae
                   memoriae
                   ,
                   divinae
                   memoriae
                   orbis
                   Liberator
                   ,
                   quietis
                   fundator
                   ,
                   Reipublic
                   .
                   instaurator
                   ,
                   
                   publicae
                   libertatis
                   auctor
                   ,
                   Magnus
                   Maximus
                   ,
                   Invictus
                   ;
                   Restitutor
                   urbis
                   Romae
                   ,
                   atque
                   orbis
                   .
                
              
               
                 And
                 there
                 have
                 been
                 more
                 Kings
                 and
                 Princes
                 of
                 the
                 bloud
                 Royall
                 ,
                 
                 Confessors
                 and
                 Martyrs
                 in
                 England
                 ,
                 than
                 in
                 any
                 one
                 Province
                 in
                 Europe
                 .
              
               
                 And
                 from
                 Ethelbert
                 King
                 of
                 Kent
                 ,
                 (
                 Converted
                 Anno
                 596
                 )
                 untill
                 this
                 day
                 ,
                 Christianity
                 hath
                 been
                 without
                 interruption
                 continued
                 .
              
            
             
               
                 Subsequence
                 of
                 Spain
                 .
              
               
                 In
                 the
                 time
                 of
                 Claudius
                 ,
                 Saint
                 James
                 preached
                 in
                 Spain
                 ;
                 but
                 gained
                 only
                 nine
                 Souls
                 .
                 
                 So
                 did
                 he
                 in
                 Ireland
                 as
                 Vincentius
                 saith
                 ;
                 and
                 they
                 cannot
                 count
                 Christian
                 religion
                 to
                 be
                 then
                 planted
                 in
                 Spain
                 ,
                 which
                 shortly
                 after
                 was
                 first
                 tainted
                 with
                 the
                 heresie
                 of
                 Priscilian
                 ,
                 then
                 with
                 Gothish
                 Arianism
                 ,
                 and
                 after
                 defaced
                 with
                 Moorish
                 Mahumetism
                 from
                 707
                 years
                 after
                 Christ
                 ,
                 
                 in
                 continuance
                 770
                 years
                 ,
                 untill
                 Ferdinando
                 ,
                 King
                 of
                 Arragon
                 and
                 Castilia
                 utterly
                 expelled
                 the
                 Moors
                 .
              
            
             
               
                 Precedency
                 of
                 England
                 in
                 respect
                 of
                 the
                 more
                 absolute
                 Authority
                 Politicall
                 .
              
               
                 THe
                 Queen
                 of
                 Englands
                 power
                 absolute
                 in
                 acknowledging
                 no
                 superior
                 ,
                 
                 nor
                 in
                 vassallage
                 to
                 Pope
                 or
                 Emperour
                 .
                 
                 For
                 that
                 subjection
                 which
                 by
                 King
                 John
                 was
                 made
                 to
                 Inno●entius
                 the
                 third
                 ,
                 after
                 in
                 Parliament
                 ,
                 
                   Per
                   praeceptum
                   Domini
                   Papae
                   septimo
                   Julii
                   ,
                   Cum
                   fidelitate
                   &
                   homagio
                   relaxatur
                   omnino
                   .
                
              
               
                 Sir
                 
                   Thomas
                   Moore
                
                 in
                 his
                 debellation
                 ,
                 saith
                 ,
                 the
                 Church
                 of
                 Rome
                 can
                 shew
                 no
                 such
                 deed
                 of
                 subjection
                 ,
                 neither
                 that
                 the
                 King
                 could
                 grant
                 it
                 of
                 himself
                 .
                 And
                 Engubinus
                 in
                 his
                 defence
                 of
                 Constantines
                 dodation
                 ,
                 
                 nameth
                 not
                 England
                 ,
                 
                 where
                 he
                 recited
                 all
                 the
                 foedary
                 Kingdomes
                 of
                 the
                 Papacy
                 ;
                 the
                 Peter-pence
                 were
                 not
                 duties
                 but
                 
                   Eleemosina
                   Regis
                
                 ,
                 neither
                 the
                 Rome-Scot
                 ,
                 but
                 
                   Regis
                   larga
                   benignitas
                   :
                   Parem
                   non
                   habet
                   Rex
                   Angliae
                   in
                   Regno
                   suo
                   :
                   multo
                   fortius
                   nec
                   superiorem
                   habere
                   debet
                
                 saith
                 Bracton
                 .
              
               
                 
                   Ipse
                   non
                   debet
                   ess
                   e
                   sub
                   homie
                   ,
                
                 
                 
                   sed
                   sub
                   Deo
                   ,
                   &
                   habet
                   tantum
                   superiorem
                   Judicem
                   Deum
                   :
                
                 Likewise
                 in
                 appointing
                 Magistrates
                 ;
                 pardoning
                 Life
                 ,
                 Appeal
                 ,
                 granting
                 privileges
                 ,
                 taking
                 homage
                 ,
                 and
                 his
                 
                   Jura
                   Majestatis
                
                 not
                 limited
                 in
                 
                   censu
                   nummorum
                   ,
                   Bello
                   judicando
                   ,
                   Pace
                   ineunda
                   .
                
              
               
                 Eleutherius
                 the
                 Pope
                 1400
                 years
                 ago
                 ,
                 in
                 his
                 Epistle
                 to
                 Lucius
                 King
                 of
                 Brittain
                 ,
                 stiled
                 him
                 
                   Vicarius
                   Dei
                   in
                   Regno
                   suo
                
                 ;
                 so
                 is
                 the
                 King
                 of
                 England
                 in
                 Edgars
                 Lawes
                 ;
                 and
                 Baldus
                 
                 the
                 Lawyer
                 saith
                 ,
                 
                   Rex
                   Angliae
                   est
                   Monarcha
                   in
                   regno
                   suo
                
                 ;
                 and
                 Malmesbury
                 ,
                 
                 
                   Post
                   conversionem
                   ad
                   fidem
                   tot
                   &
                   
                   tantas
                   obtinuit
                   Libertates
                   quot
                   imperator
                   imperia
                   .
                
              
            
             
               
                 Subsequence
                 of
                 Spain
                 .
              
               
                 The
                 King
                 of
                 Spain
                 hath
                 no
                 Kingdom
                 ,
                 but
                 is
                 foedory
                 either
                 to
                 France
                 or
                 Castila
                 ,
                 enthralled
                 by
                 oath
                 of
                 subjection
                 ,
                 and
                 vassallage
                 ,
                 from
                 King
                 Henry
                 ,
                 to
                 Charles
                 the
                 fifth
                 of
                 
                   France
                   1369.
                   
                   Ex
                   foedere
                   contracto
                   :
                
                 And
                 for
                 the
                 Netherlands
                 ,
                 there
                 is
                 homage
                 due
                 to
                 the
                 French
                 King
                 ,
                 or
                 the
                 Papacy
                 ,
                 as
                 Arragon
                 to
                 Innocentius
                 the
                 third
                 ,
                 by
                 King
                 Peter
                 1204.
                 confirmed
                 by
                 Ferdinand
                 and
                 Alphonsus
                 1445.
                 and
                 from
                 James
                 ,
                 by
                 the
                 like
                 oath
                 ,
                 1453.
                 
              
               
                 And
                 to
                 Sardinia
                 and
                 Corsica
                 the
                 King
                 of
                 Arragon
                 ,
                 from
                 the
                 Bishops
                 of
                 Rome
                 ,
                 were
                 under
                 oath
                 of
                 subjection
                 invested
                 :
                 
                   Ex
                   formula
                   fiduciae
                
                 .
              
               
                 The
                 Kingdom
                 of
                 Portugall
                 in
                 vassallage
                 to
                 the
                 Pope
                 under
                 an
                 Annuall
                 Tribute
                 .
              
               
                 And
                 the
                 
                   Canaries
                   ,
                   Hesperides
                
                 ,
                 and
                 Gorgon
                 Islands
                 subjected
                 to
                 the
                 See
                 of
                 Rome
                 ,
                 under
                 the
                 chief
                 Rent
                 of
                 four
                 hundred
                 Florins
                 ,
                 by
                 Lewis
                 King
                 of
                 Spain
                 ,
                 1043.
                 
              
               
                 Of
                 both
                 the
                 
                   Indies
                   Alexander
                
                 did
                 reserve
                 the
                 regalities
                 of
                 Sicilia
                 ,
                 
                 the
                 Church
                 is
                 chief
                 Lord.
                 
              
               
                 And
                 Granado
                 and
                 Navarre
                 were
                 made
                 foedary
                 to
                 the
                 Pope
                 ,
                 under
                 Julius
                 the
                 second
                 .
              
               
               
                 Naples
                 at
                 every
                 change
                 sendeth
                 a
                 Palfrey
                 ,
                 as
                 a
                 Heriot
                 ,
                 due
                 to
                 the
                 Church
                 of
                 Rome
                 ,
                 and
                 of
                 the
                 Empire
                 he
                 holdeth
                 the
                 Dukedom
                 of
                 Millaine
                 .
              
               
                 So
                 that
                 it
                 is
                 questionable
                 among
                 Civilians
                 :
                 whether
                 he
                 be
                 Princeps
                 which
                 holdeth
                 in
                 feodo
                 all
                 of
                 others
                 .
              
               
                 His
                 absolute
                 authority
                 restrained
                 in
                 Arragon
                 ,
                 by
                 
                   Justitia
                   Arragonica
                
                 .
                 In
                 Biscay
                 and
                 other
                 places
                 ,
                 by
                 particular
                 reservations
                 .
                 And
                 his
                 
                   Jura
                   Majestatis
                   in
                   Censu
                   Nummorum
                   ,
                   Bello
                   judicando
                   ,
                   Pace
                   ineunda
                   &c.
                   
                
                 Limited
                 by
                 the
                 priviledges
                 of
                 the
                 State
                 ,
                 as
                 at
                 Brabant
                 and
                 elsewhere
                 in
                 his
                 Spanish
                 Territories
                 ;
                 
                   Ex
                   propriis
                   constitutionibus
                   &
                   privilegiis
                
                 .
              
            
             
               
                 Precedency
                 of
                 England
                 in
                 respect
                 of
                 more
                 absolute
                 authority
                 Ecclesiastical
                 .
              
               
                 HEr
                 Majesties
                 power
                 more
                 absolute
                 in
                 this
                 (
                 confirmed
                 by
                 ancient
                 Custome
                 and
                 privilege
                 )
                 than
                 any
                 other
                 Christian
                 Prince
                 .
                 For
                 no
                 
                   Legat
                   de
                   Latere
                
                 in
                 
                   England
                   ,
                   de
                   jure
                
                 allowed
                 ,
                 
                 but
                 the
                 Archbishop
                 of
                 Canterbury
                 .
              
               
                 If
                 any
                 admitted
                 by
                 courtesie
                 ,
                 he
                 hath
                 no
                 Authority
                 to
                 hold
                 plea
                 in
                 the
                 Realm
                 ,
                 contrary
                 to
                 the
                 the
                 Laws
                 thereof
                 :
                 
                   Placita
                   2
                   Hen.
                
                 4.
                 and
                 before
                 he
                 was
                 admitted
                 and
                 entered
                 the
                 Realm
                 ,
                 he
                 was
                 to
                 take
                 oath
                 ,
                 to
                 do
                 nothing
                 derogatory
                 to
                 the
                 
                 King
                 and
                 his
                 Crown
                 .
                 
                   Placita
                   Anno
                   prim●
                   Henri
                
                 7.
                 
                 No
                 man
                 might
                 denounce
                 the
                 Popes
                 excommunication
                 ,
                 nor
                 obey
                 his
                 authority
                 on
                 pain
                 to
                 forfeit
                 all
                 his
                 goods
                 ,
                 without
                 assent
                 of
                 the
                 King
                 or
                 his
                 Counsel
                 .
                 Placita
                 23
                 and
                 34
                 
                   Edw.
                   Rot.
                   Dunelm
                
                 .
              
               
                 Henry
                 the
                 First
                 called
                 a
                 Provincial
                 Councel
                 ,
                 
                 so
                 did
                 Canutus
                 and
                 others
                 .
              
               
                 No
                 appeal
                 to
                 Rome
                 without
                 the
                 Kings
                 licence
                 :
                 
                   Anno
                   32
                   &
                   34
                   Edw.
                   1.
                   
                
                 Inventure
                 of
                 Bishops
                 and
                 Churchmen
                 ,
                 in
                 the
                 Kings
                 hand
                 .
                 
                   Ex
                   Matt.
                   Paris
                   &
                   Hen.
                   Huntington
                   .
                
              
               
                 
                   De
                   gestis
                   Pontific
                   .
                   Donelm
                   Placita
                   .
                
                 32
                 Edw.
                 1.
                 and
                 in
                 the
                 32
                 Edw.
                 3.
                 
                 Where
                 the
                 reason
                 of
                 the
                 Kings
                 Ecclesiastical
                 authority
                 ,
                 to
                 suspend
                 or
                 bestow
                 Church
                 livings
                 is
                 yielded
                 ,
                 
                   Quia
                   reges
                   Angliae
                   unguntur
                   in
                   Capite
                   .
                
              
            
             
               
                 Subsequence
                 of
                 Spain
                 .
              
               
                 The
                 King
                 of
                 Spain
                 can
                 prescribe
                 no
                 custome
                 to
                 prohibit
                 the
                 Popes
                 Legat
                 ,
                 nor
                 useth
                 any
                 Authority
                 Penall
                 over
                 the
                 Clergy
                 ;
                 Spain
                 can
                 produce
                 no
                 Example
                 of
                 any
                 Provincial
                 Councel
                 by
                 call
                 of
                 the
                 King
                 For.
                 
                   Bodin
                   lib.
                   1.
                   cap.
                
                 6.
                 towards
                 the
                 end
                 writeth
                 ,
                 that
                 the
                 Kings
                 of
                 
                   Spain
                   ,
                   Non
                   sine
                   magna
                   mercede
                   impetraverunt
                   Sixti
                   Pontificis
                   Romani
                   rescripto
                   ne
                   perigrinis
                   sacerdotia
                   tribuerentur
                   .
                
              
               
               
                 Appeals
                 from
                 the
                 King
                 to
                 Rome
                 allowed
                 .
                 So
                 the
                 Kings
                 of
                 Spain
                 ,
                 have
                 meerly
                 no
                 power
                 Ecclesiastical
                 ,
                 having
                 dispoyled
                 himself
                 of
                 all
                 ,
                 by
                 inthralling
                 their
                 Kingdom
                 to
                 the
                 Church
                 of
                 Rome
                 .
              
            
             
               
                 Precedency
                 of
                 England
                 ,
                 in
                 respect
                 of
                 Eminency
                 of
                 Royall
                 Dignity
                 .
              
               
                 THe
                 Kings
                 of
                 England
                 are
                 anointed
                 as
                 the
                 Kings
                 of
                 France
                 ,
                 
                 who
                 only
                 have
                 their
                 preheminence
                 before
                 other
                 Kingdoms
                 declared
                 by
                 miracle
                 ,
                 in
                 the
                 cure
                 of
                 the
                 
                   Regius
                   morbus
                
                 ,
                 which
                 they
                 can
                 effect
                 only
                 ;
                 and
                 that
                 of
                 antiquity
                 :
                 For
                 Edward
                 the
                 Confessor
                 healed
                 many
                 .
              
               
                 2.
                 
                 They
                 are
                 superiour
                 Lords
                 of
                 the
                 Kingdome
                 of
                 Scotland
                 and
                 Man
                 ,
                 and
                 
                   Vicarii
                   Imperii
                
                 ;
                 as
                 Edward
                 the
                 third
                 and
                 Oswald
                 intituled
                 
                   Rex
                   Christianissimus
                   :
                   ve
                   .
                   Peda
                   lib.
                
                 2.
                 
              
               
                 3.
                 
                 They
                 are
                 named
                 
                   Filii
                   adoptivi
                   Ecclesiae
                
                 ,
                 
                 as
                 the
                 Emperour
                 
                   Filius
                   Primogenitus
                
                 ,
                 and
                 the
                 King
                 of
                 
                   France
                   ,
                   Filius
                   natu
                   minor
                   :
                   vide
                   Platina
                   .
                
              
               
                 4.
                 
                 They
                 are
                 accompted
                 among
                 
                   Reges
                   super
                   illustres
                
                 ,
                 in
                 this
                 order
                 :
                 
                 
                   Imperator
                   ,
                   Rex
                   Franciae
                   ,
                   Rex
                   Angliae
                   &
                   Franciae
                   ,
                   vide
                   Corsettus
                   .
                
              
               
                 5.
                 
                 England
                 in
                 the
                 General
                 Councels
                 at
                 Constance
                 and
                 Pisa
                 ,
                 was
                 made
                 a
                 Nation
                 ,
                 
                 when
                 as
                 all
                 Christianity
                 was
                 divided
                 into
                 four
                 Nations
                 ,
                 
                 
                   Itallicam
                   ,
                   Gallicam
                   ,
                   Germanicam
                   ,
                   &
                   Anglicam
                   .
                   Ex
                   lib.
                   sacrarum
                   Ceremoniarum
                   Ecclesiae
                   Romanae
                   .
                
              
               
                 6.
                 
                 Whereupon
                 seat
                 accordingly
                 was
                 allowed
                 at
                 the
                 three
                 General
                 Councels
                 ,
                 
                   viz.
                   Constance
                   ,
                   Pisa
                   ,
                   Sienna
                   ,
                
                 to
                 the
                 English
                 Ambassadors
                 next
                 to
                 the
                 Emperour
                 on
                 the
                 left
                 hand
                 ,
                 and
                 to
                 the
                 King
                 of
                 France
                 on
                 the
                 right
                 hand
                 :
                 which
                 were
                 their
                 Ancient
                 seats
                 before
                 the
                 Spaniards
                 at
                 Basill
                 1431.
                 begun
                 to
                 contend
                 for
                 Precedency
                 .
              
               
                 Where
                 it
                 was
                 in
                 the
                 first
                 Session
                 ordered
                 ,
                 that
                 all
                 Legats
                 should
                 hold
                 such
                 their
                 places
                 ,
                 as
                 they
                 had
                 enjoyed
                 heretofore
                 ,
                 according
                 to
                 their
                 worth
                 and
                 antiquity
                 :
                 Yet
                 in
                 the
                 Councel
                 of
                 Trent
                 the
                 precedency
                 of
                 France
                 with
                 Spain
                 was
                 made
                 questionable
                 .
              
               
                 
                   Augustus
                   de
                   Cavalles
                
                 ,
                 as
                 the
                 strongest
                 reason
                 to
                 bar
                 the
                 French
                 Interest
                 ,
                 inferred
                 the
                 Queen
                 of
                 England
                 from
                 her
                 Ancestors
                 ,
                 both
                 in
                 respect
                 of
                 Inheritance
                 ,
                 Conquest
                 ,
                 and
                 Gift
                 ,
                 
                   de
                   jure
                
                 Queen
                 of
                 France
                 .
                 By
                 which
                 reason
                 when
                 he
                 doth
                 shake
                 or
                 overthrow
                 (
                 as
                 he
                 thinketh
                 )
                 the
                 Precedency
                 of
                 France
                 ,
                 he
                 doth
                 consequently
                 strengthen
                 the
                 Precedency
                 of
                 England
                 .
              
               
                 And
                 in
                 Treaty
                 between
                 Henry
                 the
                 seventh
                 ,
                 and
                 Philip
                 of
                 Castile
                 ,
                 1506
                 the
                 Commissioners
                 of
                 England
                 did
                 subsign
                 betore
                 the
                 other
                 ,
                 And
                 in
                 the
                 Treaty
                 of
                 
                 Marriage
                 with
                 Queen
                 
                   Mary
                   ,
                   Anno
                
                 1553
                 those
                 of
                 England
                 are
                 first
                 rehearsed
                 .
                 And
                 at
                 
                   Burbrough
                   Anno
                
                 1588.
                 they
                 gave
                 it
                 to
                 her
                 Majesties
                 Ambassadors
                 .
              
               
                 And
                 yet
                 in
                 respect
                 of
                 the
                 Eminency
                 of
                 this
                 Royal
                 throne
                 ,
                 to
                 the
                 See
                 of
                 Canterbury
                 was
                 granted
                 by
                 Vrbane
                 ,
                 at
                 the
                 Councel
                 of
                 
                   Claremount
                   ,
                   Anno
                
                 1096.
                 for
                 ever
                 ,
                 the
                 seat
                 in
                 General
                 Councel
                 ,
                 at
                 the
                 Popes
                 right
                 foot
                 ,
                 who
                 at
                 that
                 time
                 uttered
                 these
                 words
                 ;
                 
                   Includamus
                   hunc
                   in
                   orbe
                   nostro
                   tanquam
                   alterius
                   orbis
                   Pontificem
                   Maximum
                   .
                
              
            
             
               
                 Subsequence
                 of
                 Spain
                 .
              
               
                 1.
                 
                 The
                 Kings
                 of
                 Castile
                 are
                 never
                 anointed
                 ,
                 neither
                 hath
                 the
                 Spanish
                 Throne
                 that
                 vertue
                 to
                 endow
                 the
                 King
                 therein
                 invested
                 ,
                 with
                 the
                 power
                 to
                 heal
                 the
                 Kings
                 evil
                 :
                 For
                 into
                 France
                 do
                 yearly
                 come
                 multitudes
                 of
                 Spaniards
                 to
                 be
                 healed
                 thereof
                 .
              
               
                 2.
                 
                 No
                 Kingdom
                 held
                 in
                 fee
                 of
                 him
                 .
              
               
                 3.
                 
                 Spain
                 then
                 not
                 remembred
                 one
                 of
                 the
                 Sons
                 of
                 the
                 Church
                 .
              
               
                 4.
                 
                 The
                 King
                 of
                 Spain
                 placed
                 last
                 after
                 the
                 King
                 of
                 
                   England
                   inter
                   super
                   illustres
                
                 ,
                 by
                 the
                 said
                 Corsettus
                 .
              
               
                 5.
                 
                 The
                 Kingdome
                 was
                 then
                 comprised
                 under
                 
                   Itallica
                   natio
                
                 ,
                 and
                 no
                 Nation
                 of
                 it self
                 ,
                 as
                 in
                 old
                 it
                 was
                 called
                 
                   Iberia
                   minor
                
                 ,
                 as
                 a
                 member
                 of
                 
                   Italy
                   ,
                   Iberia
                   major
                
                 .
                 
                 
                 England
                 being
                 
                   Britannia
                   major
                
                 .
                 
              
               
                 At
                 which
                 time
                 the
                 Spaniard
                 contented
                 himself
                 with
                 the
                 place
                 next
                 to
                 the
                 King
                 of
                 France
                 .
                 
              
            
             
               
                 Precedency
                 of
                 England
                 before
                 Spain
                 ,
                 in
                 respect
                 of
                 the
                 Nobility
                 of
                 Blood.
                 
              
               
                 HEr
                 Majesty
                 in
                 Lineal
                 discent
                 is
                 deduced
                 from
                 Christian
                 Princes
                 for
                 800
                 years
                 ,
                 by
                 Ethelbert
                 a
                 Christian
                 596.
                 and
                 the
                 Matches
                 of
                 her
                 progenitors
                 most
                 Royal
                 with
                 
                   France
                   ,
                   Germany
                   ,
                   Spain
                
                 .
              
            
             
               
                 Subsequence
                 of
                 Spain
                 .
              
               
                 For
                 their
                 Antiquity
                 of
                 discent
                 as
                 Kings
                 of
                 Spain
                 is
                 chiefly
                 from
                 the
                 Earls
                 of
                 Castilia
                 about
                 500
                 years
                 since
                 .
                 
              
               
                 For
                 they
                 cannot
                 warrant
                 their
                 discent
                 ,
                 from
                 Atalaricus
                 the
                 Goth
                 ,
                 and
                 as
                 Dukes
                 of
                 Austria
                 from
                 the
                 Earls
                 of
                 Hapsburgh
                 only
                 about
                 390
                 years
                 since
                 .
              
               
                 Their
                 matches
                 anciently
                 for
                 the
                 most
                 part
                 with
                 their
                 subjects
                 ,
                 and
                 of
                 late
                 in
                 their
                 own
                 blood
                 .
              
            
             
               
                 Precedency
                 of
                 England
                 ,
                 in
                 respect
                 of
                 antiquity
                 of
                 Government
                 .
              
               
                 HEr
                 Majesty
                 having
                 raigned
                 now
                 most
                 happily
                 42
                 years
                 .
              
               
               
                 This
                 we
                 would
                 not
                 have
                 alledged
                 ,
                 but
                 that
                 the
                 Spanish
                 Ambassador
                 at
                 Basil
                 ,
                 objected
                 in
                 this
                 respect
                 the
                 minority
                 of
                 Henry
                 the
                 sixth
                 .
              
               
                 Her
                 sex
                 herein
                 nothing
                 prejudicial
                 ,
                 when
                 as
                 both
                 divine
                 and
                 humane
                 Laws
                 do
                 allow
                 it
                 ,
                 and
                 accordingly
                 
                   Spain
                   ,
                   England
                
                 ,
                 and
                 Hungary
                 ,
                 insomuch
                 ,
                 that
                 Mary
                 Queen
                 of
                 the
                 last
                 ,
                 was
                 always
                 stiled
                 ,
                 
                   Rex
                   Mario
                   Hungariae
                   .
                   Vide
                   Tilius
                   .
                
                 
              
            
             
               
                 Subsequence
                 of
                 Spain
                 .
              
               
                 The
                 King
                 of
                 Spain
                 yet
                 in
                 the
                 Infancy
                 of
                 his
                 Kingdome
                 .
              
               
                 For
                 the
                 Precedency
                 may
                 be
                 alledged
                 ,
                 viz.
                 
              
               
                 The
                 Antiquity
                 of
                 the
                 Kingdom
                 ,
                 when
                 as
                 
                   Castile
                   ,
                   Arragon
                   ,
                   Navar
                
                 and
                 Portuguall
                 ,
                 had
                 their
                 first
                 Kings
                 about
                 1025.
                 
                 
              
               
                 The
                 ancient
                 receiving
                 of
                 the
                 Christian
                 Faith
                 ,
                 by
                 Joseph
                 of
                 
                   Aramathea
                   ,
                   Simon
                   Zelotes
                   ,
                   Aristobulus
                   ,
                
                 yea
                 by
                 St.
                 Peter
                 ,
                 and
                 St.
                 Paul
                 ,
                 as
                 Theodoretus
                 ,
                 and
                 Sophrinius
                 do
                 testifie
                 .
              
               
                 The
                 Kingdome
                 is
                 held
                 of
                 God
                 alone
                 ,
                 acknowledging
                 no
                 superiour
                 ,
                 and
                 in
                 no
                 vassalage
                 to
                 the
                 Emperour
                 or
                 Pope
                 ,
                 as
                 
                   Naples
                   ,
                   Sicilia
                   ,
                   Arragont
                   ,
                   Sardinia
                   ,
                
                 and
                 
                   Corsica
                   ,
                   &c.
                
                 
              
               
                 Sir
                 
                   Thomas
                   Moore
                
                 denyeth
                 ,
                 that
                 King
                 John
                 ,
                 either
                 did
                 ,
                 or
                 could
                 make
                 England
                 subject
                 to
                 the
                 Pope
                 ,
                 and
                 that
                 the
                 Tribute
                 was
                 not
                 paid
                 (
                 pag.
                 296.
                 )
                 but
                 the
                 Preter-pence
                 ,
                 
                 were
                 paid
                 to
                 the
                 Pope
                 ,
                 by
                 
                   K.
                   John
                
                 ,
                 by
                 way
                 of
                 Alms.
                 
              
               
                 The
                 absolute
                 power
                 of
                 the
                 King
                 of
                 England
                 ,
                 which
                 in
                 other
                 Kingdomes
                 is
                 much
                 restrained
                 .
              
               
                 England
                 is
                 accompted
                 the
                 fourth
                 part
                 of
                 Christendome
                 ;
                 
                 For
                 in
                 the
                 Councel
                 of
                 Constance
                 all
                 Christianity
                 was
                 divided
                 ,
                 
                   in
                   nationem
                
                 ,
                 viz.
                 
                   Italicam
                   ,
                   Germanicam
                   ,
                   Gallicanam
                   &
                   Anglicanam
                   ,
                
                 and
                 accordingly
                 gave
                 voices
                 .
              
               
                 England
                 in
                 the
                 opinions
                 of
                 the
                 Popes
                 is
                 preferred
                 ,
                 because
                 in
                 it
                 is
                 conteined
                 in
                 the
                 Ecclesiastical
                 division
                 ,
                 two
                 large
                 Provinces
                 ,
                 which
                 had
                 their
                 several
                 Legatinati
                 when
                 as
                 France
                 had
                 scantly
                 one
                 .
              
               
                 The
                 Emperour
                 is
                 accompted
                 
                   major
                   filius
                   Papae
                
                 ,
                 
                 the
                 King
                 of
                 
                   France
                   filius
                   minor
                
                 ,
                 the
                 King
                 of
                 
                   England
                   ,
                   filius
                   adoptivus
                
                 .
              
               
                 The
                 Archbishops
                 of
                 Canterbury
                 ,
                 are
                 accompted
                 by
                 the
                 people
                 ,
                 
                   tanquam
                   alterius
                   orbis
                   Papae
                
                 ,
                 and
                 anointed
                 to
                 have
                 place
                 in
                 General
                 Councels
                 ,
                 at
                 the
                 Popes
                 right
                 foot
                 .
              
               
                 The
                 title
                 of
                 
                   Defensor
                   fidei
                
                 ,
                 as
                 honourably
                 ,
                 and
                 as
                 justly
                 bestowed
                 upon
                 the
                 Kings
                 of
                 England
                 ,
                 as
                 Christianissimus
                 upon
                 the
                 French
                 ;
                 or
                 Catholicus
                 upon
                 the
                 Spaniard
                 .
              
               
                 Edward
                 
                   the
                   third
                
                 ,
                 
                 
                   King
                   of
                
                 England
                 ,
                 was
                 
                   created
                   by
                   the
                   Emperour
                
                 ,
                 Vicarius
                 Perpetuus
                 Imperii
                 ;
                 cum
                 jure
                 vitae
                 necisque
                 in
                 omnes
                 Imperii
                 ;
                 snbditos
                 ,
                 
                   and
                   the
                   Kings
                   of
                
                 England
                 ,
                 
                 Papae
                 Vicarii
                 ,
                 
                   by
                   Pope
                
                 Nicholas
                 
                 
                   the
                   second
                
                 ,
                 vide
                 COPGRAVE
                 .
              
               
                 Innocentius
                 
                   the
                   fourth
                
                 ,
                 
                 
                   the
                   Pope
                   said
                   ,
                   vere
                   hortus
                   deliciarum
                   est
                   Anglia
                   ,
                   vere
                   pateus
                   inexhaustus
                   ubi
                   multa
                   abundant
                   ,
                   &c.
                   
                
              
               
                 King
                 Hen.
                 2.
                 
                 elected
                 King
                 of
                 Jerusalem
                 by
                 the
                 Christians
                 .
              
               
                 Richard
                 the
                 first
                 conquered
                 the
                 Kingdome
                 of
                 Cyprus
                 ,
                 
                 and
                 gave
                 it
                 unto
                 
                   Guy
                   Lusigrian
                
                 ,
                 whose
                 posterity
                 raigned
                 there
                 until
                 of
                 late
                 years
                 .
              
               
                 Kings
                 of
                 England
                 are
                 superiour
                 Lords
                 of
                 the
                 Kingdom
                 of
                 Scotland
                 ,
                 and
                 are
                 absolute
                 Kings
                 of
                 all
                 the
                 Kingdom
                 of
                 Ireland
                 .
              
               
                 England
                 is
                 not
                 subject
                 to
                 Imperial
                 and
                 Roman
                 Laws
                 ,
                 as
                 other
                 Kingdoms
                 are
                 ,
                 but
                 retaineth
                 her
                 ancient
                 Laws
                 ,
                 and
                 
                   Pura
                   municipialia
                
                 .
              
               
                 King
                 Henry
                 the
                 sixth
                 was
                 Crowned
                 King
                 of
                 France
                 at
                 Paris
                 .
              
               
                 The
                 Kings
                 of
                 England
                 
                   did
                   use
                   the
                   stile
                   of
                   a
                   Soveraign
                   ,
                   viz.
                
                 Alti
                 conantis
                 Dei
                 ,
                 Largiflua
                 ,
                 Clementiae
                 qui
                 est
                 Rex
                 Regum
                 &
                 Dominus
                 Dominorum
                 .
              
               
                 Ego
                 Edgarus
                 anglorum
                 
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                
                 Omniumque
                 Regum
                 Insularumque
                 Oceani
                 Britanici
                 Circumjacentium
                 ,
                 cunctarumque
                 Nationum
                 quae
                 infra
                 cam
                 includuntur
                 ,
                 Imperator
                 ac
                 Dominus
                 .
              
            
          
        
         
      
       
         
           
             
             
             
               A
               REMONSTRANCE
               OF
               THE
               TREATIES
               OF
               AMITY
               AND
               MARRIAGE
               Before
               time
               ,
               and
               of
               late
               ,
               of
               the
               House
               of
               AVSTRIA
               and
               SPAIN
               ,
               with
               the
               Kings
               of
               England
               ,
               to
               advance
               themselves
               to
               the
               Monarchy
               of
               Europe
               .
            
             
               Written
               by
               
                 Sir
                 Robert
                 Cotton
              
               ,
               Knight
               and
               Baronet
               .
            
             
               LONDON
               ,
               Printed
               in
               the
               Year
               1672.
               
            
          
        
         
           
             
             
             
               A
               REMONSTRANCE
               OF
               THE
               TREATIES
               OF
               AMITY
               AND
               MARRIAGE
               Before
               time
               ,
               and
               of
               late
               of
               the
               House
               of
               AVSTRIA
               and
               SPAIN
               ,
               &c.
               
            
             
               
                 Most
                 Excellent
                 Majesty
                 ,
              
            
             
               WE
               your
               Lords
               Spiritual
               and
               Temporal
               and
               the
               Commons
               of
               your
               Realm
               Assembled
               in
               this
               your
               Parliament
               ,
               having
               received
               out
               of
               your
               meer
               grace
               ,
               your
               Royal
               command
               ,
               to
               declare
               unto
               your
               Highness
               our
               advice
               and
               Counsel
               ,
               for
               the
               further
               continuing
               ,
               or
               final
               breaking
               of
               the
               two
               Treaties
               between
               your
               Majesty
               ,
               the
               Emperor
               ,
               and
               the
               Spanish
               King
               touching
               the
               rendition
               of
               the
               Palatinate
               ,
               to
               the
               due
               and
               former
               obedience
               of
               your
               Illustrious
               Son
               the
               Prince
               Palatine
               ;
               and
               that
               
               of
               Marriage
               ,
               between
               the
               Lady
               Mary
               Infant
               of
               Spain
               ,
               and
               the
               most
               excellent
               Prince
               your
               Son
               ,
               now
               Prince
               of
               Wales
               ;
               We
               conceive
               it
               not
               unfit
               to
               offer
               up
               to
               your
               admired
               wisdom
               and
               consideration
               these
               important
               Motives
               that
               induced
               our
               subsequent
               advice
               and
               resolution
               .
            
             
               By
               contemplation
               whereof
               ,
               we
               assume
               to
               our selves
               that
               your
               Majesty
               apparently
               seeing
               the
               infinite
               Calamity
               fallen
               of
               late
               unto
               the
               Christian
               world
               ,
               by
               means
               of
               these
               disguised
               Treaties
               of
               Amity
               ,
               and
               Marriage
               before
               time
               ,
               frequently
               used
               with
               your
               progenitors
               ,
               and
               now
               lately
               with
               your self
               by
               the
               House
               of
               Austria
               ,
               and
               Spain
               ;
               to
               advance
               themselves
               to
               the
               Monarchy
               of
               Europe
               ,
               will
               graciously
               be
               pleased
               to
               accept
               our
               humble
               advice
               .
            
             
               Maximilian
               the
               Emperor
               ,
               
               and
               Ferdinand
               of
               Spain
               uniting
               by
               marriage
               the
               possessions
               of
               the
               House
               of
               Austria
               ,
               the
               
                 Netherlands
                 ,
                 Arragon
                 ,
                 Castile
                 ,
                 Sciciliae
                 ,
              
               and
               their
               new
               discoveries
               ,
               to
               one
               succeeding
               heir
               ,
               began
               (
               though
               a
               far
               off
               )
               to
               see
               a
               way
               whereby
               their
               Grandchild
               Charls
               ,
               might
               become
               the
               Master
               of
               the
               Western
               world
               ,
               and
               therefore
               each
               endeavoured
               by
               addition
               of
               Territories
               ,
               to
               facilitate
               that
               their
               desired
               end
               .
            
             
               France
               was
               the
               only
               obstacle
               ,
               whose
               ambition
               and
               power
               then
               was
               no
               less
               
               than
               theirs
               ;
               he
               lay
               in
               their
               way
               for
               Gelders
               ,
               by
               siding
               with
               Duke
               Charls
               ;
               for
               Navarre
               ,
               by
               protecting
               Albert
               their
               King
               ,
               for
               their
               peeces
               in
               Italy
               ,
               by
               confederation
               with
               the
               State
               of
               Venice
               ;
               and
               for
               Naples
               and
               Millain
               by
               pretence
               of
               his
               own
               .
               They
               were
               too
               weak
               to
               work
               out
               their
               way
               by
               force
               ,
               and
               therefore
               used
               that
               other
               of
               craft
               .
            
             
               Lewis
               is
               offered
               for
               his
               daughter
               Claude
               the
               Marriage
               of
               Charls
               their
               Grandchild
               ,
               it
               is
               at
               Bloys
               accepted
               ,
               and
               to
               them
               confirmed
               by
               oath
               :
               the
               claim
               of
               France
               to
               Naples
               by
               this
               released
               one
               hundred
               thousand
               Crowns
               yearly
               ,
               by
               way
               of
               recognition
               only
               to
               France
               reserved
               ,
               who
               is
               besides
               to
               have
               the
               investure
               of
               Millain
               for
               a
               sum
               of
               money
               ,
               which
               the
               Cardinal
               D'amboyes
               ,
               according
               to
               his
               Masters
               Covenant
               ,
               saw
               discharged
               .
            
             
               Ferdinand
               thus
               possessed
               of
               what
               he
               then
               desired
               ,
               and
               Maximilian
               not
               meaning
               to
               strengthen
               France
               by
               addition
               of
               that
               Dutchy
               or
               repayment
               of
               the
               money
               ,
               broke
               off
               that
               Treaty
               to
               which
               they
               were
               mutually
               sworn
               ,
               affiancing
               Charls
               their
               Heir
               to
               Mary
               the
               Daughter
               of
               Henry
               the
               7th
               ;
               to
               whose
               son
               Arthur
               ,
               
               Ferdinand
               had
               married
               Katharine
               his
               youngest
               daughter
               .
            
             
               This
               double
               knot
               with
               England
               ,
               made
               them
               more
               bold
               (
               as
               you
               see
               they
               did
               )
               to
               double
               with
               France
               :
               but
               he
               Prince
               
               of
               Wales
               his
               untimely
               death
               ,
               and
               his
               fathers
               that
               shortly
               followed
               ,
               enforced
               them
               to
               seek
               out
               ,
               as
               they
               did
               ,
               another
               tye
               ,
               the
               Spirit
               and
               power
               of
               Lewis
               ,
               and
               their
               provocations
               justly
               moving
               it
               :
               they
               make
               up
               a
               second
               Marriage
               for
               Katharine
               with
               Henry
               the
               eighth
               ,
               Son
               of
               Henry
               the
               seventh
               ;
               
               and
               are
               enforced
               to
               make
               a
               Bull
               dated
               a
               day
               after
               the
               Popes
               death
               to
               dispence
               with
               it
               ;
               and
               consummate
               
                 per
                 verba
                 de
                 praesenti
              
               ,
               by
               Commissioners
               at
               Callis
               ,
               the
               former
               Nuptuals
               of
               Charles
               and
               Mary
               ,
               publishing
               a
               Book
               in
               print
               of
               the
               benefit
               that
               should
               accrew
               to
               the
               Christian
               world
               by
               that
               Alliance
               .
            
             
               Henry
               the
               eighth
               left
               by
               his
               father
               young
               and
               rich
               ,
               is
               put
               on
               by
               Ferdinand
               to
               begin
               his
               right
               to
               France
               by
               the
               way
               of
               Guyen
               ;
               
               and
               to
               send
               his
               forces
               into
               Spain
               ,
               as
               he
               did
               ,
               under
               the
               Marquess
               Dorset
               ,
               to
               joyn
               with
               his
               Father
               in
               Law
               for
               that
               design
               ,
               by
               reputation
               whereof
               Albert
               of
               Navarre
               was
               enforced
               to
               quit
               that
               State
               to
               Spain
               ;
               who
               intended
               as
               it
               proved
               ,
               no
               further
               use
               of
               the
               English
               Army
               than
               to
               keep
               off
               the
               French
               King
               from
               assisting
               Albert
               ,
               until
               he
               had
               possessed
               himself
               of
               that
               part
               of
               Navarre
               ,
               which
               his
               successors
               ever
               since
               retain
               .
               For
               ,
               that
               work
               ended
               ,
               the
               English
               Forces
               were
               returned
               home
               in
               Winter
               ,
               nothing
               having
               advanced
               their
               Masters
               service
               .
            
             
             
               The
               next
               year
               to
               assure
               Henry
               the
               eighth
               ,
               
               grown
               diffident
               by
               the
               last
               carriage
               of
               Maximilian
               and
               Ferdinand
               ,
               whose
               only
               meaning
               was
               to
               lie
               busying
               of
               the
               French
               King
               at
               home
               ,
               to
               make
               an
               easie
               way
               abroad
               to
               their
               former
               ends
               ,
               project
               to
               the
               English
               King
               an
               enterprise
               for
               France
               ,
               to
               which
               they
               assured
               their
               assistance
               ,
               by
               mutuall
               confederacy
               at
               Mecklin
               ;
               for
               which
               
                 Bernard
                 de
                 Mesa
              
               ,
               and
               
                 Lewis
                 de
                 Carror
              
               ,
               for
               Castile
               and
               Arragon
               ,
               and
               the
               Emperor
               in
               person
               gave
               oath
               ,
               who
               undertook
               ,
               as
               he
               did
               ,
               to
               accompany
               Henry
               the
               eighth
               to
               Turwyn
               .
            
             
               Ferdinand
               in
               the
               mean
               time
               dispatching
               the
               Vice-roy
               of
               Naples
               into
               Italy
               ,
               to
               busie
               the
               French
               King
               and
               Venetian
               ,
               that
               the
               English
               King
               with
               facility
               might
               pursue
               the
               conquest
               of
               France
               .
            
             
               Henry
               the
               eighth
               had
               no
               sooner
               distressed
               the
               French
               King
               ,
               but
               Ferdinand
               ,
               respecting
               more
               his
               profit
               than
               his
               faith
               ,
               closed
               with
               Lewis
               ,
               who
               renounced
               the
               protection
               of
               Navarre
               and
               Gelders
               ,
               so
               bee
               and
               Maximilian
               would
               forsake
               the
               tye
               they
               had
               made
               with
               Henry
               the
               eighth
               .
            
             
               The
               Vice-Roy
               of
               Naples
               is
               instantly
               recalled
               from
               Bressa
               ;
               a
               true
               with
               Spain
               and
               France
               concluded
               ;
               Quintean
               sent
               to
               the
               Emperor
               to
               joyn
               in
               it
               ;
               
                 Don
                 John
                 de
                 Manuel
              
               ,
               
               and
               
                 Diego
                 de
                 Castro
              
               imployed
               to
               work
               the
               Emperor
               ,
               and
               Charles
               the
               Grandchild
               to
               exchange
               the
               marriage
               of
               
               
                 Mary
                 ,
                 Henry
              
               the
               eighths
               Sister
               ,
               with
               Reve
               the
               second
               daughter
               of
               the
               French
               King
               :
               and
               Lewis
               himself
               to
               take
               Elanor
               their
               Neece
               to
               wife
               :
               and
               to
               clear
               all
               dispute
               about
               the
               conditions
               ,
               a
               blanck
               is
               sent
               from
               Spain
               to
               the
               French
               King
               to
               over-write
               what
               he
               please
               .
            
             
               Henry
               the
               eighth
               perceiving
               this
               close
               and
               foul
               play
               ,
               entertaineth
               an
               overture
               made
               by
               the
               Duke
               
                 de
                 Longavil
              
               then
               prisoner
               in
               England
               ,
               for
               a
               Marriage
               of
               Mary
               his
               Sister
               with
               the
               French
               King
               ,
               which
               effected
               ,
               the
               two
               subtile
               Princes
               failed
               of
               their
               ends
               .
            
             
               Lewis
               dead
               ,
               
               and
               Francis
               succeeding
               ,
               he
               made
               his
               first
               entrance
               a
               league
               with
               England
               ,
               the
               recovery
               of
               Millane
               which
               he
               did
               ,
               the
               protection
               of
               his
               neighbours
               ,
               and
               reduction
               of
               the
               Swisses
               from
               the
               Imperial
               side
               ,
               for
               which
               he
               imployed
               to
               them
               the
               bastard
               of
               Savoy
               .
            
             
               Maximilian
               and
               Ferdinand
               seeing
               by
               this
               all
               their
               new
               purchases
               in
               danger
               ,
               and
               that
               they
               had
               now
               no
               disguised
               marriage
               again
               to
               entertain
               the
               credulity
               of
               Henry
               the
               eighth
               ,
               they
               work
               upon
               his
               youth
               and
               honour
               .
               The
               Emperor
               will
               needs
               to
               him
               resign
               his
               Emperial
               Crown
               ;
               as
               wearied
               with
               the
               weight
               of
               Government
               and
               distraction
               of
               Europe
               ,
               which
               needed
               a
               more
               active
               man
               then
               his
               old
               age
               ,
               to
               defend
               the
               Liberty
               of
               Subjects
               ,
               and
               Majesty
               of
               Princes
               from
               the
               Tyranny
               of
               France
               .
            
             
             
               That
               he
               had
               made
               the
               way
               already
               for
               him
               with
               the
               Electors
               ;
               that
               he
               would
               send
               the
               Cardinall
               Sedunensis
               ,
               with
               ample
               commission
               into
               England
               to
               conclude
               the
               resignation
               ,
               which
               was
               done
               .
               That
               at
               Aquisgrave
               he
               will
               meet
               Henry
               the
               eighth
               ,
               and
               there
               give
               up
               his
               first
               Crown
               ,
               from
               thence
               accompany
               him
               to
               Rome
               ,
               where
               he
               should
               receive
               the
               last
               right
               of
               the
               Imperiall
               dignity
               ,
               putting
               Verona
               into
               his
               protection
               ,
               then
               assailed
               by
               the
               Venetians
               ;
               and
               giving
               him
               the
               investiture
               of
               Millane
               in
               
                 feodo
                 ,
                 more
                 Imperiali
              
               ,
               then
               in
               possession
               of
               the
               French
               ,
               to
               tye
               his
               aid
               the
               faster
               against
               these
               States
               .
            
             
               Hereupon
               Henry
               the
               eighth
               concluded
               a
               defensive
               league
               with
               the
               Bishop
               of
               Mesa
               and
               Count
               Daciana
               ,
               authorised
               Commissioners
               from
               the
               Emperor
               ,
               
                 Arragon
                 ,
                 Castile
              
               ,
               and
               sendeth
               his
               Secretary
               Master
               Pace
               with
               money
               ,
               for
               Maximilian
               had
               already
               borrowed
               and
               broken
               to
               entertain
               the
               Swissers
               into
               pay
               and
               confederacy
               against
               France
               .
            
             
               Charles
               the
               Grandchild
               must
               feign
               a
               difficulty
               to
               sway
               his
               League
               ,
               untill
               the
               Emperor
               at
               Henry
               the
               eighths
               cost
               ,
               was
               fetched
               from
               Germany
               to
               the
               Netherlands
               to
               work
               his
               Nephew
               to
               it
               ,
               who
               in
               the
               interim
               had
               closely
               contracted
               a
               peace
               by
               the
               Grandfathers
               consent
               with
               France
               .
               No
               sooner
               had
               Maximilian
               received
               ten
               thousand
               Florins
               of
               the
               English
               King
               to
               bear
               his
               charge
               ,
               but
               the
               
               Treaty
               of
               Noyon
               ,
               was
               closely
               between
               him
               ;
               Arragon
               and
               Castile
               concluded
               ,
               whereby
               the
               ten
               thousand
               Crowns
               for
               recognition
               of
               Naples
               was
               passd
               from
               France
               to
               the
               Emperor
               ,
               and
               Charles
               himself
               affianced
               to
               Loysia
               the
               French
               Kings
               daughter
               ,
               and
               also
               darkly
               carried
               ,
               that
               when
               Master
               Pace
               at
               Agno
               came
               down
               from
               the
               Emperor
               with
               his
               Signature
               of
               the
               confederacy
               ,
               the
               French
               Kings
               Ambassador
               went
               up
               the
               back
               Stairs
               ,
               with
               six
               thousand
               Florins
               ,
               and
               the
               transaction
               of
               the
               Pension
               of
               Naples
               to
               Maximilian
               ,
               and
               there
               received
               his
               confirmation
               of
               the
               Treaty
               at
               Novon
               ;
               notwithstanding
               the
               same
               day
               the
               Emperor
               looking
               upon
               his
               George
               and
               Garter
               ,
               wished
               to
               
                 Wingfield
                 ,
                 Henry
              
               the
               eighths
               Ambassador
               ,
               that
               the
               thoughts
               of
               his
               heart
               were
               transparent
               to
               his
               Master
               .
            
             
               So
               displeasing
               was
               this
               foul
               play
               to
               the
               Cardinall
               Sedunensis
               ,
               the
               Emperors
               chief
               Counsellor
               ,
               that
               he
               writ
               
                 contra
                 perfidiam
                 Principum
              
               ,
               against
               the
               falshood
               of
               his
               own
               Lord
               ,
               a
               bitter
               Letter
               to
               the
               English
               King
               ;
               who
               finding
               again
               how
               his
               youth
               and
               facility
               was
               overwrought
               by
               these
               two
               old
               and
               subtill
               Princes
               ,
               his
               vast
               expences
               lost
               ,
               his
               hopes
               of
               France
               lesned
               ,
               and
               that
               of
               the
               Emperor
               vanished
               (
               for
               Maximilian
               is
               now
               conferring
               the
               Title
               of
               
                 Rex
                 Romanorum
              
               to
               one
               of
               his
               Nephues
               )
               concludeth
               ,
               
               by
               mediation
               of
               the
               Admiral
               of
               France
               ,
               a
               peace
               with
               that
               King
               ;
               
               a
               marriage
               for
               the
               
                 Dolphin
                 Francis
              
               with
               the
               Lady
               Mary
               ,
               and
               the
               re-delivery
               of
               Tournay
               ,
               for
               a
               large
               Summe
               of
               Money
               .
            
             
               Not
               long
               after
               Maximilian
               dieth
               ,
               leaving
               the
               Imperial
               Crown
               in
               Competition
               of
               France
               and
               
                 Castile
                 .
                 Charles
              
               ,
               whose
               desire
               was
               ,
               as
               his
               Ancestors
               ,
               to
               weave
               that
               vvreath
               for
               ever
               into
               the
               Austrian
               Family
               ,
               began
               to
               fear
               the
               power
               of
               his
               corrivall
               ,
               vvith
               vvhom
               the
               Pope
               then
               sided
               ,
               and
               the
               English
               King
               stood
               assured
               by
               the
               late
               marriage
               of
               their
               two
               Children
               .
               To
               draw
               off
               the
               Pope
               he
               knew
               it
               vvas
               impossible
               ,
               he
               vvas
               all
               French.
               To
               vvork
               in
               Henry
               the
               eighth
               ,
               he
               found
               the
               inconstancy
               of
               his
               predecessors
               ,
               and
               the
               new
               match
               to
               lie
               in
               the
               vvay
               .
               To
               clear
               the
               one
               ,
               he
               is
               fain
               ,
               in
               his
               Letters
               into
               England
               ,
               
               to
               load
               his
               two
               Grandfathers
               vvith
               all
               the
               former
               aspertions
               ,
               his
               years
               ,
               and
               duty
               ,
               then
               tying
               him
               more
               to
               obedience
               then
               truth
               :
               but
               that
               he
               vvas
               a
               man
               ,
               and
               himself
               now
               ;
               that
               mutuall
               danger
               vvould
               give
               assurance
               ,
               vvhere
               otherwise
               single
               faith
               might
               be
               mistrusted
               ;
               France
               vvas
               in
               it self
               ,
               by
               addition
               of
               Britany
               ,
               more
               potent
               than
               ever
               ,
               this
               man
               had
               rejoyned
               to
               it
               some
               important
               pieces
               in
               Italy
               ,
               and
               should
               his
               greatness
               grow
               larger
               up
               by
               accession
               of
               the
               Imperiall
               Crown
               ,
               how
               easie
               vvere
               it
               to
               effect
               indeed
               what
               he
               had
               fashioned
               in
               Fancy
               ,
               the
               Monarchy
               of
               Europe
               .
               As
               for
               the
               young
               
               Lady
               ,
               who
               was
               like
               to
               lose
               her
               husband
               if
               Henry
               the
               eighth
               incline
               to
               this
               Counsell
               ,
               and
               assist
               Castile
               in
               pursute
               of
               the
               Emperor
               ;
               he
               was
               contented
               (
               for
               Loisia
               of
               France
               ,
               espoused
               to
               him
               by
               the
               Treaty
               at
               Noyon
               ,
               was
               now
               dead
               )
               to
               make
               up
               the
               loss
               of
               the
               Lady
               Mary
               by
               his
               own
               Marriage
               with
               her
               ;
               a
               match
               fitter
               in
               years
               ,
               for
               the
               Dolphin
               was
               an
               infant
               ,
               as
               great
               in
               dignity
               ;
               for
               he
               was
               a
               King
               ,
               and
               might
               by
               the
               assistance
               of
               her
               father
               be
               greater
               in
               being
               Emperor
               .
            
             
               Thus
               was
               Henry
               the
               eighth
               by
               fears
               and
               hopes
               turned
               about
               again
               ,
               
               and
               Pacy
               forthwith
               sent
               to
               the
               Electors
               with
               instructions
               &
               money
               ,
               who
               so
               wrought
               that
               Charles
               was
               in
               July
               chosen
               Emperor
               :
               and
               that
               it
               was
               by
               the
               sole
               work
               of
               Henry
               the
               eighth
               ,
               himself
               by
               Letters
               under
               his
               hand
               acknowledged
               .
               From
               Aquisgrave
               ,
               he
               commeth
               Crowned
               the
               next
               year
               for
               England
               ,
               
               weddeth
               at
               Winsor
               the
               Lady
               Mary
               ;
               concludeth
               by
               league
               the
               invasion
               of
               France
               ,
               and
               to
               divide
               it
               with
               Henry
               the
               eighth
               by
               the
               River
               of
               Rodon
               ,
               making
               oath
               at
               the
               high
               Altar
               at
               Pauls
               for
               performance
               of
               both
               those
               Treaties
               .
            
             
               Hereupon
               France
               is
               entred
               by
               the
               Eng●ish
               army
               ,
               and
               Burbon
               wrought
               from
               his
               Allegiance
               by
               a
               disguised
               promise
               of
               this
               Emperor
               of
               Elianor
               his
               Sister
               for
               wife
               ,
               to
               raise
               forces
               against
               his
               Master
               ,
               which
               he
               did
               ,
               but
               was
               paid
               by
               the
               English
               King.
               
            
             
             
               The
               French
               King
               to
               carry
               the
               wars
               from
               his
               own
               doors
               ,
               
               maketh
               towards
               Milan
               ;
               
               whereby
               Burbon
               and
               his
               forces
               were
               drawn
               out
               of
               Province
               to
               guard
               the
               Imperialls
               in
               Italy
               .
            
             
               At
               Pavie
               they
               met
               ,
               
               and
               the
               French
               King
               was
               taken
               prisoner
               ,
               and
               forthwith
               transported
               into
               Spain
               ;
               where
               at
               Madrid
               the
               Emperor
               forced
               his
               consent
               to
               that
               Treaty
               ,
               whereby
               he
               gained
               Burgundy
               ,
               and
               many
               portions
               in
               the
               Netherlands
               ;
               leaving
               Henry
               the
               eighth
               who
               had
               born
               the
               greatest
               charge
               of
               all
               that
               Warre
               ,
               not
               only
               there
               unsaved
               ,
               but
               calling
               a
               Parliament
               at
               Toledo
               ,
               taketh
               by
               assignment
               of
               his
               States
               ,
               Isabella
               of
               Portugall
               to
               wife
               ,
               procuring
               from
               Pope
               Clement
               a
               Bull
               to
               absolve
               him
               of
               his
               former
               oaths
               and
               Marriage
               ,
               working
               not
               long
               after
               by
               Ferdinandus
               his
               Chaplain
               ,
               the
               Earl
               of
               Desmond
               to
               Rebell
               in
               Ireland
               ,
               and
               James
               the
               fifth
               of
               Scotland
               ,
               by
               promise
               of
               Marriage
               with
               his
               Neece
               the
               daughter
               of
               Denmarke
               ;
               to
               whom
               he
               likewise
               sent
               Munition
               ,
               and
               money
               ,
               to
               busie
               Henry
               the
               eighth
               at
               home
               ,
               that
               he
               might
               be
               the
               less
               able
               to
               requite
               these
               indignities
               he
               had
               so
               done
               him
               .
               And
               to
               shew
               that
               his
               ambition
               was
               more
               than
               his
               piety
               ,
               he
               Ordered
               by
               instructions
               ,
               first
               the
               Duke
               of
               Burbon
               ,
               and
               after
               
                 Hugo
                 de
                 Monsado
              
               to
               surprise
               Rome
               and
               the
               Pope
               ;
               sending
               Angelo
               an
               observant
               Frier
               thither
               ,
               whom
               he
               had
               assigned
               to
               
               the
               Papall
               Throne
               ,
               intending
               to
               reduce
               the
               choise
               of
               the
               See
               from
               the
               Cardinals
               again
               ,
               to
               the
               Empire
               ,
               and
               there
               to
               set
               up
               a
               first
               Monarchy
               .
            
             
               But
               his
               design
               by
               a
               needfull
               confederacy
               ,
               as
               now
               of
               the
               Pope
               ,
               French
               King
               ,
               Princes
               of
               Italy
               and
               others
               ,
               vvith
               Henry
               the
               eighth
               ,
               vvho
               vvas
               made
               
                 Caput
                 faedoris
              
               ,
               vvas
               to
               the
               safety
               of
               all
               Christian
               Princes
               ,
               prevented
               happily
               ,
               and
               he
               himself
               reforced
               at
               Cambray
               in
               the
               year
               one
               thousand
               five
               hundred
               twenty
               and
               nine
               ,
               to
               re-deliver
               the
               French
               King
               ,
               
               and
               many
               pieces
               of
               that
               Crown
               he
               had
               vvrested
               avvay
               by
               the
               Treaty
               of
               Madrid
               ,
               and
               to
               sit
               dovvn
               vvith
               moderate
               and
               fair
               conditions
               against
               his
               vvill
               .
            
             
               His
               vvaking
               Ambition
               vvould
               not
               long
               let
               him
               rest
               ,
               but
               again
               he
               plotteth
               to
               break
               the
               knot
               betvveen
               the
               French
               and
               English
               Kings
               .
            
             
               To
               vvork
               this
               ,
               he
               assureth
               ,
               by
               contract
               ,
               his
               assistance
               in
               furtherance
               of
               Henry
               the
               eighths
               Title
               to
               France
               ;
               and
               to
               make
               the
               greater
               belief
               ,
               offereth
               a
               marriage
               to
               the
               Lady
               Mary
               ,
               so
               she
               might
               be
               declared
               again
               Legitimate
               .
            
             
               Henry
               the
               eighth
               accordeth
               vvith
               him
               ,
               and
               advanceth
               his
               Army
               into
               France
               ,
               vvhere
               he
               had
               no
               sooner
               recovered
               Bulleyn
               ,
               but
               the
               Emperor
               catching
               advantage
               on
               the
               French
               Kings
               necessities
               ,
               falleth
               off
               from
               his
               former
               faith
               and
               promise
               ,
               making
               up
               a
               peace
               perpetuall
               vvith
               
               France
               ,
               
               vvhereby
               all
               claim
               from
               the
               Crovvn
               of
               
                 Arragon
                 ,
                 Naples
                 ,
                 Flanders
                 ,
                 Arras
                 ,
                 Gelders
                 ,
              
               and
               other
               parts
               vvas
               released
               ,
               and
               mutuall
               confederation
               for
               restitution
               of
               the
               Catholick
               Religion
               concluded
               betvvixt
               them
               both
               .
            
             
               Edward
               the
               sixth
               succeeding
               his
               Father
               forbears
               all
               Treaties
               vvith
               Spain
               ,
               but
               those
               of
               intercourse
               ,
               persisting
               as
               formerly
               in
               union
               vvith
               the
               Princes
               of
               Germany
               ,
               and
               his
               other
               Allies
               ,
               preventing
               those
               expences
               and
               dangers
               ,
               vvhich
               his
               Fathers
               belief
               and
               confidence
               of
               Spain
               had
               tasted
               of
               before
               .
            
             
               His
               Sister
               and
               Successor
               Mary
               ,
               
               entertaining
               that
               fatall
               Amity
               vvith
               the
               Emperour
               and
               his
               sonne
               ,
               by
               Marriage
               ,
               embarqued
               her
               Estate
               in
               a
               dangerous
               vvarre
               ,
               vvhereby
               the
               Realm
               vvas
               much
               impoverished
               ,
               and
               Callice
               lost
               .
            
             
               Her
               Sister
               of
               happy
               memory
               succeeding
               made
               up
               that
               breach
               ,
               by
               that
               three-fold
               Treaty
               at
               Cambray
               ,
               1558.
               
               Where
               King
               Philip
               as
               bound
               in
               honour
               ,
               stood
               bound
               for
               aid
               in
               Recovery
               of
               Calice
               ;
               But
               his
               ovvn
               ends
               by
               that
               Convocation
               served
               ,
               he
               left
               her
               after
               to
               vvork
               out
               her
               safety
               her self
               alone
               ;
               yet
               fearing
               that
               a
               Union
               of
               France
               and
               your
               Realms
               ,
               in
               the
               person
               of
               your
               most
               vertuous
               Mother
               ,
               then
               married
               into
               France
               ,
               he
               under
               a
               seigned
               pretence
               of
               Marriage
               ,
               vvrought
               ,
               by
               
                 Caraffa
                 ▪
              
               
               and
               his
               Faction
               of
               other
               Cardinalls
               ,
               a
               stay
               of
               the
               Popes
               Declaration
               against
               the
               Queen
               of
               England
               ,
               more
               his
               own
               fears
               ,
               than
               his
               love
               procuring
               it
               .
            
             
               Yet
               the
               Princely
               disposition
               of
               this
               Noble
               Lady
               ,
               taking
               those
               pretences
               for
               reall
               favours
               ,
               was
               not
               wanting
               both
               with
               her
               Counsell
               and
               Purse
               ;
               for
               she
               imployed
               many
               of
               her
               ablest
               Ministers
               to
               mediate
               ,
               and
               disbursed
               upon
               the
               assurance
               of
               Brabant
               ,
               and
               the
               good
               Towns
               of
               Flanders
               whose
               bonds
               are
               yet
               extant
               ,
               
               for
               reduction
               of
               those
               Provinces
               to
               his
               obedience
               ,
               one
               hundred
               and
               fifty
               thousand
               pounds
               .
               
            
             
               But
               when
               she
               found
               his
               aim
               to
               be
               the
               violating
               of
               their
               ancient
               liberties
               ,
               and
               in
               it
               saw
               her
               own
               danger
               involved
               ;
               her
               Counsell
               advised
               her
               ,
               not
               to
               leave
               the
               assistance
               of
               those
               People
               ,
               France
               ,
               and
               those
               other
               Princes
               that
               lay
               as
               her self
               in
               danger
               ,
               to
               be
               swallowed
               up
               in
               his
               ambitious
               ends
               ,
               who
               ,
               when
               he
               intended
               the
               Conquest
               of
               her
               Estate
               ,
               to
               blind
               her
               with
               security
               ,
               presented
               by
               
                 Carlo
                 Lanfranco
              
               ,
               
               and
               the
               Prince
               of
               Parma
               ,
               a
               Proposition
               of
               Peace
               ;
               graced
               with
               as
               many
               Arguments
               of
               honest
               meaning
               ,
               as
               his
               Progenitors
               had
               used
               to
               her
               Father
               ,
               which
               she
               accepted
               ,
               but
               not
               without
               a
               prudent
               suspition
               .
               For
               when
               the
               Treaty
               was
               in
               height
               ,
               the
               brought
               his
               invincible
               Navy
               to
               invade
               the
               Realm
               ,
               the
               success
               whereof
               was
               answerable
               to
               his
               Faith
               and
               Honor
               ,
               She
               left
               not
               that
               injury
               without
               Revenge
               ,
               
               but
               forced
               him
               in
               his
               after
               Raign
               ,
               to
               that
               extremity
               ,
               that
               he
               was
               driven
               to
               break
               all
               faith
               with
               those
               Princes
               that
               trusted
               him
               ;
               
               and
               paid
               for
               one
               years
               Interest
               ,
               about
               twenty
               five
               thousand
               Millions
               of
               Crowns
               .
            
             
               So
               lovv
               and
               desperate
               in
               Fortunes
               your
               Highness
               found
               him
               ,
               
               when
               to
               all
               our
               comforts
               you
               took
               this
               Crown
               ;
               Then
               from
               the
               abundant
               goodness
               of
               your
               peaceable
               Nature
               ,
               you
               were
               pleased
               to
               begin
               your
               happy
               Raign
               with
               general
               quiet
               ,
               
               and
               with
               Spain
               the
               first
               ,
               which
               should
               have
               wrought
               in
               noble
               Natures
               a
               more
               gratefull
               Recompence
               than
               after
               followed
               :
               
               For
               long
               it
               was
               not
               before
               Tyrone
               was
               heartned
               to
               rebell
               against
               your
               Highness
               ,
               and
               flying
               ,
               had
               pension
               at
               Rome
               ,
               paid
               him
               from
               the
               Spanish
               Agent
               .
               His
               son
               
                 Odonell
                 Tirconell
              
               ,
               and
               others
               your
               chiefest
               Rebells
               ,
               
               retained
               ever
               since
               in
               Grace
               and
               Pay
               with
               the
               Arch-dutchess
               ,
               at
               Spains
               devotion
               .
            
             
               As
               soon
               as
               your
               eldest
               Son
               of
               holy
               memory
               now
               with
               God
               ,
               was
               fit
               for
               marriage
               ,
               they
               began
               these
               old
               disguises
               ,
               by
               which
               before
               they
               had
               thriven
               so
               well
               ,
               &c.
               
            
          
        
         
      
       
         
           
             
             
             
               Twenty
               Four
               ARGUMENTS
               ,
               Whether
               it
               be
               more
               expedient
               to
               suppress
               POPISH
               PRACTISES
               Against
               the
               due
               ALLEGEANCE
               OF
               HIS
               MAJESTY
               .
            
             
               By
               the
               Strict
               Executions
               touching
               Jesuits
               and
               Seminary
               Priests
               ?
               OR
               ,
               To
               restrain
               them
               to
               Close
               Prisons
               ,
               during
               life
               ,
               if
               no
               Reformation
               follow
               ?
            
             
               Written
               by
               Sir
               
                 Robert
                 Cotton
              
               ,
               Knight
               and
               Baronet
               .
            
             
               LONDON
               ,
               Printed
               in
               the
               Year
               1672.
               
            
          
        
         
           
             
             
             
               Twenty
               four
               ARGUMENTS
               Whether
               it
               be
               more
               expedient
               to
               suppress
               POPISH
               PRACTISES
               Against
               the
               due
               ALLEGEANCE
               To
               His
               MAJESTY
               .
            
             
               By
               the
               Strict
               Execution
               touching
               Jesuits
               ,
               and
               Seminary
               Priests
               ,
               &c.
               
            
             
               I
               Am
               not
               ignorant
               ,
               that
               this
               latter
               age
               hath
               brought
               forth
               a
               swarm
               of
               busie
               heads
               ,
               which
               measure
               the
               great
               Mysteries
               of
               State
               ,
               by
               the
               rule
               of
               their
               self-conceited
               wisdomes
               ;
               but
               if
               they
               would
               consider
               ,
               that
               the
               Commonwealth
               ,
               governed
               by
               grave
               Counsellors
               ,
               is
               like
               unto
               a
               Ship
               directed
               
               by
               a
               skilfull
               Pilot
               ,
               vvhom
               the
               necessities
               of
               occasions
               ,
               and
               grounds
               of
               reason
               ,
               vvhy
               he
               steereth
               to
               this
               ,
               or
               that
               point
               of
               the
               Compass
               ,
               are
               better
               knovvn
               ,
               then
               to
               those
               that
               stand
               a
               loof
               off
               ,
               they
               vvould
               perhaps
               be
               more
               sparing
               ,
               if
               not
               more
               vvary
               in
               their
               resolutions
               ;
               For
               my
               ovvn
               particular
               I
               must
               confess
               ,
               that
               I
               am
               naturally
               too
               much
               inclined
               to
               his
               opinion
               ,
               vvho
               once
               said
               ,
               
                 Qui
                 bene
                 latuit
                 ,
                 bene
                 vixit
                 ,
              
               and
               freshly
               calling
               to
               mind
               the
               saying
               of
               Functius
               to
               his
               Friend
               ,
               at
               the
               hour
               of
               his
               untimely
               death
               ,
               
                 Disce
                 meo
                 exemplo
                 mandato
                 munere
                 fungi
                 :
                 Et
                 fuge
                 seu
                 pestem
                 —
              
            
             
               I
               could
               easily
               forbeare
               to
               make
               my
               hand-vvriting
               the
               Record
               of
               my
               opinion
               ,
               vvhich
               nevertheless
               I
               protest
               to
               maintain
               rather
               deliberatively
               ,
               than
               by
               the
               vvay
               of
               a
               conclusive
               assertion
               ;
               therefore
               vvithout
               vvasting
               precious
               time
               any
               longer
               vvith
               needless
               Prologues
               ,
               I
               vvill
               briefly
               set
               dovvn
               the
               question
               in
               the
               terms
               follovving
               ,
               viz.
               
            
             
               Wh●ther
               it
               be
               more
               expedient
               to
               suppres
               Popish
               Practises
               ,
               against
               the
               due
               Allegiance
               to
               his
               Majesty
               ,
               by
               the
               strict
               Execution
               touching
               Jesuit●
               and
               Seminary
               Priests
               :
               Or
               to
               restrain
               them
               to
               close
               Prisons
               ,
               during
               life
               ,
               if
               no
               Reformation
               follow
               .
            
             
               
               
                 In
                 favour
                 of
                 the
                 first
                 Division
                 .
              
               
                 
                   I.
                   
                
                 
                   There
                   are
                   not
                   few
                   ,
                   
                   who
                   grounding
                   themselves
                   on
                   an
                   Antient
                   Proverb
                   ,
                   
                     A
                     dead
                     man
                     bites
                     not
                  
                   ,
                   affirm
                   ,
                   that
                   such
                   are
                   dangerous
                   to
                   be
                   preserved
                   alive
                   ,
                   who
                   being
                   guilty
                   ,
                   condemned
                   ,
                   and
                   full
                   of
                   fear
                   ,
                   are
                   likely
                   for
                   purchase
                   of
                   Life
                   and
                   Liberty
                   ,
                   to
                   inlarge
                   their
                   uttermost
                   in
                   desperate
                   adventures
                   ,
                   against
                   their
                   King
                   and
                   Countrey
                   .
                
              
               
                 
                   II.
                   
                
                 
                   No
                   less
                   is
                   it
                   to
                   be
                   feared
                   ,
                   
                   that
                   while
                   the
                   sword
                   of
                   Justice
                   is
                   remiss
                   ,
                   in
                   cutting
                   off
                   heinous
                   offendors
                   against
                   the
                   Dignity
                   of
                   the
                   Crown
                   ,
                   the
                   mis-led
                   Papall
                   multitude
                   ,
                   in
                   the
                   interim
                   ,
                   may
                   enter
                   into
                   a
                   jealous
                   suspence
                   ,
                   Whether
                   that
                   forbearance
                   proceed
                   from
                   fear
                   of
                   exasperating
                   their
                   desperate
                   humours
                   ,
                   or
                   that
                   it
                   is
                   now
                   become
                   questionable
                   ,
                   Whether
                   the
                   execution
                   of
                   their
                   Priests
                   ,
                   be
                   simply
                   for
                   matter
                   of
                   State
                   ,
                   or
                   pretended
                   quarrel
                   for
                   Religon
                   .
                
              
               
                 
                   III.
                   
                
                 
                   And
                   whereas
                   in
                   a
                   remediless
                   inconvenience
                   ,
                   
                   it
                   is
                   lawful
                   to
                   use
                   the
                   extremity
                   of
                   Laws
                   against
                   some
                   few
                   ,
                   that
                   many
                   by
                   the
                   terrour
                   of
                   the
                   example
                   ,
                   may
                   be
                   reformed
                   ;
                   what
                   hope
                   can
                   there
                   be
                   that
                   Clemency
                   may
                   tame
                   their
                   hearts
                   ,
                   who
                   
                   interpret
                   His
                   Majesties
                   grace
                   in
                   transporting
                   their
                   Priests
                   out
                   of
                   His
                   Realm
                   ,
                   to
                   be
                   a
                   meer
                   shift
                   to
                   rid
                   the
                   Prisons
                   of
                   those
                   whom
                   Conscience
                   could
                   not
                   condemn
                   of
                   any
                   capital
                   crime
                   .
                
              
               
                 
                   IV.
                   
                
                 
                   Neither
                   are
                   their
                   vaunting
                   whisperings
                   to
                   be
                   neglected
                   ,
                   
                   by
                   which
                   they
                   seek
                   to
                   confirm
                   the
                   fearful
                   souls
                   of
                   their
                   party
                   ,
                   and
                   to
                   inveigle
                   the
                   ignorant
                   ,
                   doubtful
                   or
                   discontented
                   persons
                   :
                   for
                   if
                   the
                   glorious
                   extolling
                   of
                   their
                   powerful
                   friends
                   ,
                   and
                   the
                   expectance
                   of
                   a
                   golden
                   day
                   ,
                   be
                   suffered
                   to
                   win
                   credit
                   with
                   the
                   meaner
                   fort
                   ,
                   the
                   relapse
                   cannot
                   be
                   small
                   ,
                   or
                   the
                   means
                   easie
                   to
                   reform
                   the
                   error
                   ,
                   without
                   a
                   general
                   combustion
                   of
                   the
                   State.
                   
                
              
               
                 
                   V.
                   
                
                 
                   Let
                   experience
                   speak
                   somewhat
                   in
                   this
                   behalf
                   ,
                   
                   which
                   hath
                   evidently
                   descryed
                   ,
                   within
                   the
                   Current
                   of
                   few
                   years
                   ,
                   that
                   the
                   forbearance
                   of
                   severity
                   ,
                   hath
                   multiplied
                   their
                   Roll
                   in
                   such
                   manner
                   ,
                   that
                   it
                   remains
                   as
                   a
                   Corrosive
                   to
                   thousands
                   of
                   his
                   Majesties
                   well-affected
                   Subjects
                   .
                
              
               
                 
                   VI.
                   
                
                 
                   To
                   what
                   purpose
                   serves
                   it
                   to
                   muster
                   the
                   names
                   of
                   the
                   Protestants
                   ,
                   
                   or
                   to
                   vaunt
                   them
                   to
                   be
                   ten
                   for
                   one
                   of
                   the
                   Roman
                   Faction
                   ?
                   as
                   if
                   bare
                   figures
                   of
                   numeration
                   could
                   prevail
                   against
                   an
                   united
                   party
                   ,
                   resolved
                   ,
                   and
                   advised
                   before
                   hand
                   ,
                   how
                   to
                   turn
                   their
                   faces
                   with
                   assurance
                   ,
                   unto
                   
                   all
                   dangers
                   ,
                   while
                   in
                   the
                   mean
                   time
                   ,
                   the
                   Protestants
                   neastling
                   in
                   vain
                   security
                   ,
                   suffer
                   the
                   weed
                   to
                   grow
                   up
                   that
                   threatneth
                   their
                   hane
                   and
                   merciless
                   ruine
                   .
                
              
               
                 
                   VII
                   .
                
                 
                   Sometime
                   the
                   Oath
                   of
                   Supremacy
                   choaked
                   their
                   presumptuous
                   imaginations
                   ;
                   
                   and
                   yet
                   could
                   not
                   that
                   infernal
                   smoke
                   be
                   smothered
                   ,
                   nor
                   the
                   Locusts
                   issuing
                   thereout
                   be
                   wholly
                   cleansed
                   from
                   the
                   face
                   of
                   this
                   Land.
                   Now
                   that
                   the
                   temporal
                   power
                   of
                   the
                   King
                   ,
                   conteined
                   in
                   the
                   Oath
                   of
                   Allegiance
                   ,
                   is
                   by
                   the
                   Papall
                   See
                   ,
                   and
                   many
                   of
                   the
                   Adorers
                   thereof
                   ,
                   impudently
                   avowed
                   to
                   be
                   unlawful
                   ;
                   shall
                   the
                   broachers
                   of
                   such
                   Doctrine
                   be
                   suffered
                   to
                   live
                   ,
                   yea
                   and
                   to
                   live
                   and
                   be
                   relieved
                   of
                   us
                   ,
                   for
                   whose
                   destruction
                   they
                   groan
                   daily
                   ?
                
              
               
                 
                   VIII
                   .
                
                 
                   To
                   be
                   a
                   right
                   Popish-Priest
                   ,
                   
                   in
                   true
                   English
                   sense
                   ,
                   is
                   to
                   bear
                   the
                   Character
                   of
                   a
                   disloyal
                   Renegado
                   of
                   his
                   natural
                   obedience
                   to
                   his
                   Soveraign
                   ,
                   whom
                   if
                   by
                   connivency
                   he
                   shall
                   let
                   slip
                   ,
                   or
                   chastise
                   with
                   a
                   light
                   hand
                   ,
                   what
                   immunity
                   may
                   not
                   traiterous
                   Delinquents
                   in
                   lesser
                   degrees
                   expect
                   ,
                   or
                   challenge
                   ,
                   after
                   a
                   sort
                   ,
                   in
                   equity
                   and
                   justice
                   ?
                
              
               
                 
                   IX
                   .
                
                 
                   If
                   there
                   were
                   no
                   Receivers
                   ,
                   
                   there
                   would
                   be
                   no
                   Theeves
                   :
                   Likewise
                   if
                   there
                   were
                   no
                   harbourers
                   of
                   the
                   Jesuits
                   ,
                   it
                   is
                   to
                   be
                   presumed
                   ,
                   that
                   they
                   would
                   not
                   
                   trouble
                   this
                   Isle
                   with
                   their
                   presence
                   ,
                   therefore
                   rigor
                   must
                   be
                   extended
                   against
                   the
                   Receiver
                   ,
                   that
                   the
                   Jesuits
                   may
                   be
                   kept
                   out
                   of
                   dores
                   ;
                   were
                   it
                   then
                   indifferent
                   justice
                   ,
                   to
                   hang
                   up
                   the
                   Accessary
                   ,
                   and
                   let
                   the
                   Principal
                   go
                   free
                   ,
                   namely
                   to
                   suffer
                   the
                   Priest
                   to
                   draw
                   his
                   breath
                   at
                   length
                   ,
                   whiles
                   the
                   Entertainer
                   of
                   him
                   under
                   his
                   Roof
                   submits
                   his
                   body
                   to
                   the
                   Executioners
                   hands
                   ?
                   without
                   doubt
                   if
                   it
                   be
                   fit
                   to
                   forbear
                   the
                   chief
                   ,
                   it
                   will
                   be
                   necessary
                   to
                   receive
                   the
                   second
                   offender
                   in
                   ,
                   to
                   protection
                   ,
                   wherewith
                   a
                   mischief
                   must
                   ensue
                   of
                   continual
                   expence
                   ,
                   and
                   scandalous
                   restraint
                   of
                   so
                   great
                   a
                   number
                   .
                
              
               
                 
                   X.
                   
                
                 
                   Reputation
                   is
                   one
                   of
                   the
                   principal
                   Arteries
                   of
                   the
                   Common-wealth
                   ,
                   which
                   Maxime
                   ,
                   is
                   so
                   well
                   known
                   to
                   the
                   Secretaries
                   of
                   the
                   Papacy
                   ,
                   that
                   by
                   private
                   Forgeries
                   ,
                   and
                   publique
                   impressions
                   of
                   Calumniations
                   ,
                   they
                   endeavour
                   to
                   wound
                   us
                   in
                   that
                   vital
                   part
                   ;
                   howsoever
                   therefore
                   some
                   few
                   of
                   that
                   stamp
                   ,
                   being
                   better
                   tempered
                   then
                   their
                   fellows
                   in
                   defence
                   of
                   this
                   present
                   Government
                   ,
                   have
                   not
                   spared
                   to
                   affirm
                   that
                   Tyranny
                   is
                   unjustly
                   ascribed
                   thereunto
                   ,
                   for
                   so
                   much
                   as
                   freedome
                   of
                   Conscience
                   after
                   a
                   sort
                   may
                   be
                   redeemed
                   for
                   money
                   ,
                   notwithstanding
                   there
                   want
                   not
                   many
                   Pamphleters
                   of
                   their
                   side
                   ,
                   
                   who
                   approbriously
                   cast
                   in
                   our
                   teeths
                   ,
                   the
                   converting
                   of
                   the
                   penalty
                   inflicted
                   on
                   Recusants
                   ,
                   and
                   refusers
                   of
                   the
                   
                   Oath
                   of
                   Allegiance
                   ,
                   from
                   the
                   Kings
                   Exchequor
                   ,
                   to
                   a
                   particular
                   Purse
                   ,
                   sure
                   we
                   cannot
                   presume
                   ,
                   that
                   those
                   Libellers
                   may
                   be
                   diswaded
                   from
                   spitting
                   out
                   their
                   venome
                   maliciously
                   against
                   us
                   ,
                   
                   when
                   they
                   shall
                   see
                   their
                   Priests
                   mewed
                   up
                   without
                   further
                   process
                   of
                   Law
                   ,
                   for
                   either
                   they
                   will
                   attribute
                   this
                   calm
                   dealing
                   to
                   the
                   justice
                   of
                   their
                   cause
                   ,
                   the
                   strength
                   of
                   their
                   party
                   ,
                   or
                   patience
                   ;
                   or
                   that
                   tract
                   of
                   time
                   hath
                   discovered
                   out
                   Laws
                   ,
                   importing
                   over
                   much
                   sharpness
                   in
                   good
                   pollicy
                   to
                   be
                   thought
                   fitter
                   for
                   abrogation
                   ,
                   by
                   Non-usance
                   ,
                   than
                   repealed
                   by
                   a
                   publique
                   decree
                   .
                
              
               
                 
                   XI
                   .
                
                 
                   Moreover
                   it
                   is
                   fore-thought
                   ,
                   
                   by
                   some
                   ,
                   tht
                   if
                   these
                   Seminaries
                   be
                   only
                   restrained
                   ,
                   they
                   may
                   prove
                   hereafter
                   like
                   a
                   Snake
                   kept
                   in
                   the
                   bosome
                   ,
                   such
                   as
                   
                     Bonner
                     ,
                     Gardiner
                  
                   ,
                   and
                   others
                   of
                   the
                   same
                   Livery
                   shewed
                   themselves
                   to
                   be
                   ,
                   after
                   Liberty
                   obtained
                   in
                   Queen
                   Maries
                   time
                   ,
                   and
                   if
                   the
                   loss
                   of
                   those
                   Ghostly
                   fathers
                   aggrieve
                   them
                   ,
                   it
                   is
                   probable
                   ,
                   that
                   they
                   will
                   take
                   arms
                   sooner
                   ,
                   and
                   with
                   more
                   courage
                   ,
                   to
                   free
                   the
                   living
                   ,
                   then
                   to
                   set
                   up
                   a
                   Trophy
                   to
                   the
                   dead
                   .
                
              
               
                 
                   XII
                   .
                
                 
                   Howsoever
                   ,
                   
                   the
                   Jesuits
                   band
                   is
                   known
                   in
                   their
                   native
                   soyl
                   ,
                   to
                   be
                   defective
                   in
                   many
                   respects
                   ,
                   which
                   makes
                   them
                   underlings
                   to
                   the
                   Protestants
                   ,
                   as
                   in
                   Authority
                   ,
                   Arms
                   ,
                   and
                   the
                   protection
                   of
                   the
                   Laws
                   ,
                   
                   which
                   is
                   all
                   in
                   all
                   ;
                   
                   Nevertheless
                   they
                   insinuate
                   themselves
                   to
                   forraign
                   Princes
                   ,
                   favouring
                   their
                   party
                   ,
                   with
                   promises
                   of
                   strong
                   assistance
                   at
                   home
                   ,
                   if
                   they
                   may
                   be
                   well
                   backed
                   from
                   abroad
                   ;
                   To
                   which
                   purpose
                   they
                   have
                   divided
                   the
                   inhabitants
                   of
                   this
                   realm
                   into
                   four
                   sects
                   ,
                   whereof
                   ranking
                   their
                   troupes
                   in
                   the
                   first
                   place
                   (
                   as
                   due
                   to
                   the
                   pretended
                   Catholiques
                   )
                   they
                   assumed
                   a
                   full
                   fourth
                   part
                   to
                   their
                   property
                   ,
                   and
                   of
                   that
                   part
                   again
                   they
                   made
                   a
                   subdivision
                   into
                   two
                   portions
                   ,
                   namely
                   ,
                   of
                   those
                   that
                   openly
                   renounced
                   the
                   estabilished
                   Church
                   of
                   England
                   ,
                   and
                   others
                   ,
                   whose
                   certain
                   number
                   could
                   not
                   be
                   assigned
                   ,
                   because
                   they
                   frequented
                   our
                   srevice
                   ,
                   our
                   sacraments
                   ,
                   reserving
                   their
                   hearts
                   to
                   the
                   Lord
                   God
                   the
                   Pope
                   :
                   The
                   second
                   party
                   they
                   alot
                   to
                   the
                   Protestants
                   ,
                   who
                   retain
                   yet
                   (
                   as
                   they
                   say
                   )
                   some
                   reliques
                   of
                   their
                   Church
                   :
                   The
                   third
                   rank
                   and
                   largest
                   was
                   left
                   unto
                   the
                   Puritans
                   ,
                   whom
                   they
                   hate
                   deadly
                   ,
                   in
                   respect
                   they
                   will
                   hold
                   no
                   indifferent
                   quarter
                   with
                   Papistry
                   :
                   The
                   fourth
                   and
                   last
                   maniple
                   they
                   assign
                   to
                   the
                   politicians
                   ,
                   huomoni
                   (
                   say
                   they
                   )
                   
                     senza
                     dio
                     ,
                     &
                     senza
                     anima
                     ,
                  
                   men
                   without
                   fear
                   of
                   God
                   ,
                   or
                   regard
                   of
                   their
                   Souls
                   ,
                   who
                   busying
                   themselves
                   only
                   in
                   matter
                   of
                   State
                   ,
                   
                   retain
                   no
                   sense
                   of
                   Religion
                   .
                   Without
                   doubt
                   ,
                   if
                   the
                   Authors
                   of
                   this
                   partition
                   have
                   cast
                   their
                   accompt
                   aright
                   ,
                   we
                   must
                   confess
                   that
                   the
                   latter
                   brood
                   is
                   to
                   be
                   ascribed
                   properly
                   unto
                   
                   them
                   ;
                   
                   for
                   if
                   the
                   undermyning
                   of
                   the
                   Parliament
                   house
                   ,
                   the
                   scandalizing
                   of
                   the
                   King
                   in
                   print
                   ,
                   who
                   is
                   Gods
                   anointed
                   ,
                   and
                   the
                   refusal
                   of
                   natural
                   obedience
                   ,
                   be
                   marks
                   of
                   those
                   ,
                   that
                   neither
                   stand
                   in
                   awe
                   of
                   God
                   or
                   conscience
                   ,
                   well
                   may
                   the
                   Papists
                   boast
                   ,
                   that
                   they
                   are
                   assured
                   of
                   the
                   first
                   number
                   ,
                   and
                   may
                   presume
                   likewise
                   of
                   the
                   last
                   friendship
                   ,
                   when
                   occasion
                   shall
                   be
                   offered
                   ;
                   for
                   the
                   preventing
                   of
                   which
                   combination
                   ,
                   
                   it
                   is
                   a
                   sure
                   way
                   ,
                   to
                   cut
                   off
                   the
                   heads
                   that
                   should
                   tie
                   the
                   knot
                   ,
                   or
                   at
                   least
                   to
                   brand
                   them
                   with
                   a
                   mark
                   in
                   the
                   forehead
                   before
                   they
                   be
                   dismissed
                   ,
                   or
                   (
                   after
                   the
                   opinion
                   of
                   others
                   )
                   to
                   make
                   them
                   unwelcome
                   to
                   the
                   feminine
                   sex
                   ,
                   which
                   now
                   with
                   great
                   fervency
                   imbraceth
                   them
                   .
                
                 
                   
                     These
                     are
                     for
                     the
                     most
                     part
                     Arguments
                     vented
                     in
                     ordinary
                     Discourse
                     ,
                     by
                     many
                     who
                     suppose
                     a
                     Priests
                     breath
                     to
                     be
                     contagious
                     in
                     our
                     English
                     air
                     .
                  
                
                 
                   
                     Others
                     there
                     are
                     ,
                     who
                     maintain
                     the
                     second
                     part
                     of
                     the
                     Question
                     ,
                     with
                     reasons
                     not
                     unworthy
                     of
                     observance
                     .
                  
                
              
            
             
               
               
                 In
                 favour
                 of
                 the
                 second
                 Division
                 .
              
               
                 
                   I.
                   
                
                 
                   DEath
                   is
                   the
                   end
                   of
                   temporal
                   woes
                   ;
                   
                   but
                   it
                   may
                   in
                   no
                   wise
                   be
                   accounted
                   the
                   Grave
                   of
                   memory
                   ;
                   therefore
                   howsoever
                   it
                   is
                   in
                   the
                   power
                   of
                   Justice
                   to
                   suppress
                   the
                   Person
                   of
                   a
                   man
                   ,
                   the
                   opinion
                   for
                   which
                   he
                   suffered
                   (
                   conceived
                   truly
                   ,
                   or
                   untruly
                   in
                   the
                   hearts
                   of
                   a
                   multitude
                   )
                   is
                   not
                   subject
                   to
                   the
                   edge
                   of
                   any
                   sword
                   ,
                   how
                   sharp
                   or
                   keen
                   soever
                   .
                   I
                   confess
                   that
                   the
                   teeth
                   are
                   soon
                   blunted
                   that
                   bite
                   only
                   out
                   of
                   the
                   malice
                   of
                   a
                   singular
                   faction
                   ,
                   but
                   where
                   Poyson
                   is
                   diffused
                   through
                   the
                   Veins
                   of
                   a
                   Common-wealth
                   ,
                   with
                   inermixture
                   of
                   bloud
                   good
                   and
                   bad
                   ;
                   separation
                   is
                   to
                   be
                   made
                   rather
                   by
                   patient
                   evacuation
                   ,
                   than
                   by
                   present
                   incision
                   ;
                   the
                   greatest
                   biter
                   of
                   a
                   State
                   is
                   Envy
                   ,
                   joyned
                   with
                   the
                   thirst
                   of
                   Revenge
                   ,
                   
                   which
                   seldome
                   declares
                   it self
                   in
                   plain
                   colours
                   ,
                   until
                   a
                   jealousie
                   conceived
                   of
                   personal
                   dangers
                   ,
                   breaketh
                   out
                   into
                   desperate
                   resolutions
                   ;
                   hence
                   comes
                   it
                   to
                   pass
                   ,
                   that
                   when
                   one
                   male-contented
                   member
                   is
                   grieved
                   the
                   rest
                   of
                   the
                   body
                   
                   is
                   sensible
                   thereof
                   ,
                   neither
                   can
                   a
                   Priest
                   or
                   Jesuit
                   be
                   cut
                   off
                   ,
                   without
                   a
                   general
                   murmur
                   of
                   their
                   Secretaries
                   ,
                   which
                   being
                   confident
                   in
                   their
                   number
                   ,
                   secretly
                   Arm
                   for
                   opposition
                   ,
                   or
                   confirmed
                   with
                   their
                   Martyrs
                   Bloud
                   (
                   as
                   they
                   are
                   perswaded
                   )
                   resolve
                   by
                   patience
                   and
                   sufferance
                   to
                   glorifie
                   their
                   cause
                   ,
                   and
                   merit
                   Heaven
                   .
                   Do
                   we
                   not
                   daily
                   see
                   ,
                   that
                   it
                   is
                   easier
                   to
                   confront
                   a
                   private
                   enemy
                   ,
                   than
                   a
                   Society
                   or
                   Corporation
                   ?
                   
                   and
                   that
                   the
                   hatred
                   of
                   a
                   State
                   is
                   more
                   immortal
                   ,
                   than
                   the
                   Spleen
                   of
                   a
                   Monarchy
                   ,
                   therefore
                   except
                   it
                   be
                   demonstrated
                   ,
                   that
                   the
                   whole
                   Roman
                   City
                   ,
                   which
                   consists
                   not
                   of
                   one
                   brood
                   ,
                   may
                   be
                   cut
                   off
                   at
                   the
                   first
                   stroke
                   as
                   one
                   entire
                   head
                   ,
                   I
                   see
                   no
                   cause
                   to
                   think
                   our
                   State
                   secured
                   ,
                   by
                   setting
                   on
                   the
                   skirts
                   of
                   some
                   few
                   Seminaries
                   ,
                   leaving
                   in
                   the
                   mean
                   time
                   a
                   multitude
                   of
                   Snarlers
                   abroad
                   ,
                   who
                   already
                   shew
                   their
                   Teeth
                   ,
                   and
                   only
                   wait
                   opportunity
                   to
                   bite
                   fiercely
                   .
                   I
                   will
                   not
                   deny
                   ,
                   that
                   ,
                   what
                   we
                   fear
                   ,
                   we
                   commonly
                   hate
                   ,
                   provided
                   alwayes
                   ,
                   that
                   no
                   merit
                   hath
                   interceded
                   a
                   reconciliation
                   ;
                   for
                   there
                   is
                   great
                   difference
                   between
                   hatred
                   conceived
                   against
                   him
                   that
                   will
                   take
                   away
                   the
                   life
                   ,
                   
                   and
                   him
                   that
                   may
                   justly
                   do
                   it
                   ,
                   and
                   yet
                   in
                   clemency
                   forbears
                   to
                   put
                   it
                   in
                   effect
                   ;
                   for
                   the
                   latter
                   breedeth
                   reverend
                   aw
                   ,
                   whereas
                   the
                   former
                   subjecteth
                   to
                   servile
                   fear
                   ,
                   alwayes
                   accompanied
                   with
                   
                   desire
                   of
                   innovations
                   ,
                   and
                   although
                   it
                   hath
                   been
                   affirmed
                   of
                   the
                   Church
                   of
                   Rome
                   ,
                   
                   
                     Quod
                     Pontificium
                     genus
                     semper
                     crudele
                  
                   ,
                   nevertheless
                   out
                   of
                   Charity
                   let
                   us
                   hope
                   ,
                   that
                   all
                   devils
                   are
                   not
                   so
                   black
                   as
                   they
                   are
                   painted
                   ,
                   some
                   ,
                   or
                   perhaps
                   many
                   of
                   them
                   there
                   are
                   ,
                   whom
                   conscience
                   ,
                   or
                   in
                   default
                   thereof
                   ,
                   pure
                   shame
                   of
                   the
                   world
                   will
                   constrain
                   to
                   confess
                   that
                   his
                   Majesty
                   most
                   graciously
                   distinguisheth
                   the
                   Theory
                   of
                   Popery
                   ;
                   
                   from
                   the
                   Active
                   part
                   thereof
                   ,
                   as
                   being
                   naturally
                   inclined
                   ,
                   
                     Parvis
                     peccatis
                     veniam
                     ,
                     magnis
                     Severitatem
                     commodare
                     ,
                     nec
                     poena
                     semper
                     ,
                     sed
                     saepius
                     poenitentia
                     contentus
                     esse
                     .
                  
                
              
               
                 
                   II.
                   
                
                 
                   Mistaking
                   of
                   punishments
                   Legally
                   inflicted
                   ,
                   commonly
                   proceeds
                   from
                   fond
                   pitty
                   ,
                   or
                   the
                   interest
                   which
                   we
                   have
                   in
                   the
                   same
                   cause
                   ;
                   both
                   which
                   beget
                   blind
                   partiality
                   ;
                   admit
                   then
                   ,
                   that
                   the
                   Papall
                   side
                   ,
                   
                   affecting
                   merit
                   by
                   compassion
                   ,
                   may
                   be
                   nearly
                   touched
                   with
                   the
                   restraint
                   of
                   their
                   Seminaries
                   ,
                   it
                   cannot
                   be
                   denyed
                   I
                   hope
                   ,
                   except
                   they
                   had
                   the
                   hearts
                   of
                   Tygers
                   ,
                   that
                   in
                   humanity
                   they
                   will
                   prefer
                   their
                   ease
                   of
                   durance
                   ,
                   before
                   the
                   rigor
                   of
                   death
                   ;
                   and
                   albeit
                   that
                   
                     Parsons
                     ,
                     Bellarmin
                  
                   ,
                   and
                   the
                   Pope
                   himself
                   ,
                   constrain
                   their
                   spiritual
                   Children
                   ,
                   to
                   thrust
                   their
                   fingers
                   into
                   the
                   fire
                   ,
                   by
                   refusing
                   the
                   Oath
                   of
                   Allegiance
                   ,
                   notwithstanding
                   we
                   have
                   many
                   testimonies
                   in
                   judicial
                   Courts
                   ,
                   and
                   printed
                   Books
                   ,
                   
                   that
                   the
                   greater
                   part
                   of
                   them
                   are
                   of
                   that
                   Theban
                   hunters
                   mind
                   ,
                   who
                   would
                   rather
                   have
                   seen
                   his
                   Dogs
                   cruel
                   acts
                   ,
                   then
                   have
                   felt
                   them
                   to
                   his
                   own
                   cost
                   .
                
                 
                   Garnett
                   himself
                   also
                   in
                   one
                   of
                   his
                   secret
                   Letters
                   ,
                   
                   that
                   after
                   his
                   death
                   he
                   should
                   not
                   be
                   inrolled
                   amongst
                   the
                   Martyrs
                   ,
                   because
                   that
                   no
                   matter
                   of
                   Religion
                   was
                   objected
                   against
                   him
                   ;
                   yet
                   it
                   plainly
                   appeared
                   in
                   his
                   demeanour
                   ,
                   that
                   he
                   would
                   gladly
                   have
                   survived
                   the
                   possibility
                   of
                   that
                   glory
                   ,
                   if
                   any
                   such
                   hopes
                   had
                   remained
                   .
                   Neither
                   is
                   it
                   to
                   be
                   presumed
                   ,
                   that
                   being
                   in
                   Prison
                   ,
                   he
                   would
                   ever
                   have
                   conceived
                   that
                   we
                   durst
                   not
                   touch
                   his
                   Reverence
                   ,
                   
                   or
                   that
                   the
                   Law
                   was
                   remiss
                   which
                   had
                   justly
                   condemned
                   him
                   ,
                   and
                   left
                   his
                   life
                   to
                   the
                   Kings
                   mercy
                   .
                   It
                   was
                   the
                   distance
                   of
                   the
                   place
                   and
                   not
                   Parsons
                   that
                   interpreted
                   the
                   sending
                   over-seas
                   of
                   the
                   Priests
                   to
                   be
                   a
                   greater
                   argument
                   of
                   their
                   innocency
                   ,
                   than
                   of
                   his
                   Majesties
                   forbearance
                   ;
                   For
                   had
                   Father
                   Parsons
                   himself
                   been
                   
                     Coram
                     nobis
                  
                   ,
                   his
                   Song
                   would
                   rather
                   have
                   been
                   of
                   mercy
                   then
                   justice
                   .
                   It
                   is
                   truly
                   said
                   ,
                   that
                   we
                   are
                   all
                   instructed
                   better
                   by
                   examples
                   then
                   precepts
                   ,
                   therefore
                   if
                   the
                   Laws
                   printed
                   ,
                   and
                   Indictments
                   recorded
                   ,
                   cannot
                   controul
                   the
                   Calumniations
                   of
                   those
                   that
                   wilfully
                   will
                   mistake
                   Treason
                   ,
                   for
                   Religion
                   :
                   By
                   the
                   execution
                   of
                   two
                   or
                   three
                   of
                   that
                   back-biting
                   number
                   ,
                   I
                   
                   doubt
                   not
                   but
                   the
                   question
                   may
                   readily
                   be
                   decided
                   .
                
                 
                   —
                   Namque
                   immedicabile
                   vulnus
                   ,
                   Ense
                   recidendum
                   est
                   ,
                   Ne
                   pars
                   sincera
                   trahatur
                   .
                
              
               
                 
                   III.
                   
                
                 
                   To
                   dally
                   with
                   pragmatical
                   Papists
                   ,
                   especially
                   with
                   those
                   that
                   by
                   their
                   example
                   and
                   Counsel
                   pvevert
                   his
                   Majesties
                   Subjects
                   ,
                   
                   I
                   hold
                   it
                   a
                   point
                   of
                   meer
                   injustice
                   ;
                   For
                   ,
                   what
                   comfort
                   may
                   the
                   good
                   expect
                   ,
                   when
                   the
                   bad
                   are
                   by
                   connivency
                   free
                   to
                   speak
                   ,
                   and
                   imboldened
                   to
                   put
                   their
                   disloyal
                   thoughts
                   into
                   execution
                   ?
                   For
                   explaning
                   therefore
                   of
                   my
                   meaning
                   ,
                   it
                   is
                   necessary
                   to
                   have
                   a
                   regard
                   unto
                   the
                   nature
                   of
                   the
                   Kings
                   Liege-People
                   ,
                   that
                   are
                   to
                   be
                   reformed
                   by
                   example
                   of
                   justice
                   ,
                   and
                   others
                   ,
                   Forraigners
                   ,
                   who
                   will
                   we
                   ,
                   nill
                   we
                   ,
                   must
                   be
                   censurers
                   of
                   our
                   actions
                   ;
                   It
                   hath
                   been
                   truly
                   observed
                   that
                   the
                   Nations
                   of
                   Europe
                   ,
                   which
                   are
                   most
                   remote
                   from
                   Rome
                   ,
                   are
                   more
                   superstitiously
                   inclined
                   to
                   the
                   dregs
                   of
                   that
                   place
                   ,
                   then
                   the
                   nearer
                   neighbours
                   of
                   Italy
                   ,
                   whether
                   that
                   humour
                   proceeds
                   from
                   the
                   Complexion
                   of
                   the
                   Northern
                   Bodies
                   ,
                   which
                   is
                   naturally
                   more
                   retentive
                   of
                   old
                   Customes
                   ,
                   than
                   hotter
                   Regions
                   ;
                   or
                   that
                   the
                   vices
                   of
                   the
                   City
                   ,
                   seated
                   on
                   seven
                   Hills
                   ,
                   are
                   
                   by
                   crafty
                   Ministers
                   of
                   that
                   See
                   ,
                   concealed
                   from
                   the
                   vulgar
                   sort
                   ,
                   I
                   list
                   not
                   now
                   to
                   discuss
                   ;
                   but
                   most
                   certain
                   it
                   is
                   ,
                   that
                   the
                   people
                   of
                   this
                   Isle
                   exceed
                   the
                   Romans
                   in
                   zeal
                   of
                   their
                   profession
                   ;
                   In
                   so
                   much
                   that
                   in
                   Rome
                   it self
                   ,
                   I
                   have
                   heard
                   the
                   English
                   Fugitives
                   taxed
                   by
                   the
                   name
                   of
                   
                     Pichia
                     pelli
                     Inglesi
                  
                   ,
                   Knock-brests
                   ,
                   
                     id
                     est
                  
                   ,
                   Hypocrits
                   ;
                   now
                   as
                   our
                   Countrey-men
                   take
                   surer
                   hold-fast
                   of
                   Papall
                   traditions
                   ,
                   then
                   others
                   ;
                   so
                   are
                   they
                   naturally
                   better
                   fortified
                   with
                   a
                   Courage
                   to
                   endure
                   Death
                   for
                   the
                   maintenance
                   of
                   that
                   cause
                   ;
                   for
                   this
                   Clymate
                   is
                   of
                   that
                   temperature
                   out
                   of
                   which
                   Vegetius
                   holdeth
                   it
                   fittest
                   to
                   chuse
                   a
                   valiant
                   souldier
                   ,
                   where
                   the
                   Heart
                   finding
                   it self
                   provided
                   with
                   plenty
                   of
                   bloud
                   to
                   sustain
                   suddain
                   defects
                   ,
                   
                   Is
                   not
                   so
                   soon
                   apprehensive
                   of
                   death
                   or
                   dangers
                   ,
                   as
                   where
                   the
                   store-house
                   of
                   bloud
                   being
                   small
                   ,
                   every
                   hazzard
                   maketh
                   pale
                   cheeks
                   and
                   trembling
                   hands
                   :
                   Angli
                   (
                   say
                   Ancient
                   writers
                   )
                   
                     bello
                     intrepidi
                     ,
                     nec
                     mortis
                     sensu
                     deterrentur
                  
                   ;
                   And
                   thereunto
                   Botero
                   the
                   Italian
                   beareth
                   witness
                   in
                   his
                   Relations
                   ;
                   Many
                   strangers
                   therefore
                   coming
                   out
                   of
                   Forraign
                   parts
                   among
                   the
                   rarities
                   of
                   England
                   desire
                   to
                   see
                   whether
                   Report
                   hath
                   not
                   been
                   too
                   lavish
                   ,
                   in
                   affirming
                   that
                   our
                   condemned
                   Persons
                   yield
                   their
                   Bodies
                   to
                   Death
                   with
                   cheerfullnesse
                   ,
                   and
                   
                   were
                   it
                   not
                   that
                   by
                   daily
                   experience
                   we
                   can
                   call
                   our selves
                   to
                   witness
                   of
                   this
                   truth
                   ,
                   
                   I
                   could
                   produce
                   the
                   Reverend
                   Judge
                   Fortescue
                   ,
                   who
                   in
                   commendation
                   of
                   our
                   English
                   Laws
                   ,
                   made
                   suitable
                   (
                   as
                   he
                   well
                   observeth
                   )
                   to
                   the
                   imbred
                   Conditions
                   of
                   the
                   imhabitants
                   of
                   this
                   soil
                   ,
                   avoweth
                   ,
                   that
                   the
                   English
                   people
                   in
                   tryal
                   for
                   Criminal
                   causes
                   ,
                   
                   are
                   not
                   compelled
                   by
                   tortures
                   to
                   confess
                   as
                   in
                   other
                   Nations
                   it
                   is
                   used
                   ,
                   for
                   as
                   much
                   as
                   the
                   quality
                   of
                   the
                   English
                   is
                   known
                   to
                   be
                   less
                   fearful
                   of
                   death
                   than
                   of
                   torments
                   ,
                   for
                   which
                   cause
                   if
                   the
                   torments
                   of
                   the
                   Civil
                   Law
                   were
                   offered
                   to
                   an
                   innocent
                   person
                   in
                   England
                   ,
                   he
                   would
                   rather
                   yield
                   himself
                   guilty
                   ,
                   and
                   suffer
                   death
                   ,
                   then
                   endure
                   the
                   horror
                   of
                   lingring
                   pains
                   .
                   
                     Insulani
                     plerunque
                     Fures
                  
                   (
                   saith
                   one
                   )
                   and
                   so
                   true
                   it
                   is
                   ,
                   that
                   this
                   Countrey
                   〈◊〉
                   stained
                   with
                   that
                   imputation
                   ,
                   notwithstanding
                   that
                   many
                   are
                   put
                   to
                   death
                   ,
                   to
                   the
                   end
                   that
                   others
                   by
                   their
                   fall
                   ,
                   might
                   learn
                   in
                   time
                   to
                   beware
                   ;
                   If
                   then
                   it
                   do
                   appear
                   that
                   terrour
                   prevails
                   not
                   ,
                   
                   to
                   keep
                   men
                   from
                   offences
                   which
                   are
                   condemned
                   by
                   Law
                   ,
                   and
                   Conscience
                   ,
                   what
                   assurance
                   can
                   there
                   be
                   to
                   scare
                   those
                   ,
                   who
                   are
                   constantly
                   satisfied
                   in
                   
                   their
                   minds
                   ,
                   that
                   their
                   sufferings
                   are
                   either
                   expresly
                   ,
                   or
                   by
                   implicitation
                   for
                   matter
                   of
                   Religion
                   and
                   health
                   of
                   their
                   Souls
                   ;
                   in
                   such
                   case
                   to
                   threaten
                   death
                   to
                   
                   English-men
                   ,
                   
                     Quibus
                     nihil
                     interest
                     humine
                     sublimi
                     ne
                     putrescant
                     ,
                  
                   is
                   a
                   matter
                   of
                   small
                   consequence
                   ,
                   
                     Purpuratis
                     Gallis
                     ,
                     Italis
                     ,
                     aut
                     Hispanis
                     ,
                     ista
                     minitare
                     ,
                  
                   to
                   a
                   setled
                   resolution
                   it
                   boots
                   not
                   to
                   shew
                   the
                   dreadful
                   visor
                   of
                   death
                   ;
                   Menaces
                   to
                   prolong
                   a
                   wearisome
                   life
                   ,
                   prevail
                   much
                   more
                   in
                   such
                   cases
                   .
                   Rightly
                   did
                   Clement
                   the
                   eighth
                   consider
                   ,
                   
                   that
                   by
                   burning
                   two
                   
                   English-men
                   in
                   Rome
                   for
                   supposed
                   Heresie
                   ,
                   he
                   rather
                   impaired
                   his
                   Cause
                   than
                   better'd
                   it
                   ,
                   insomuch
                   that
                   many
                   present
                   at
                   the
                   resolute
                   death
                   of
                   Mr.
                   Marsh
                   ,
                   who
                   was
                   brought
                   to
                   dust
                   in
                   
                     Campo
                     di
                     Sancta
                     Fiore
                  
                   ,
                   spared
                   not
                   to
                   proclaim
                   himself
                   a
                   Martyr
                   ,
                   carried
                   away
                   of
                   his
                   ashes
                   for
                   a
                   Relique
                   ,
                   and
                   wished
                   their
                   souls
                   in
                   the
                   same
                   place
                   with
                   his
                   ;
                   which
                   news
                   brought
                   to
                   the
                   Popes
                   ear
                   ,
                   caused
                   him
                   (
                   as
                   it
                   was
                   bruited
                   about
                   Rome
                   )
                   solemnly
                   to
                   protest
                   ,
                   that
                   none
                   of
                   the
                   English
                   Nation
                   should
                   publiquely
                   from
                   that
                   time
                   be
                   consumed
                   with
                   fire
                   :
                   on
                   the
                   other
                   side
                   if
                   we
                   read
                   the
                   Volumes
                   written
                   in
                   praise
                   of
                   their
                   Priests
                   Constancy
                   ,
                   the
                   Martyrology
                   or
                   Callender
                   of
                   Martyrs
                   ,
                   and
                   path
                   way
                   of
                   Salvation
                   as
                   it
                   were
                   ,
                   chalked
                   out
                   unto
                   the
                   Papists
                   ,
                   by
                   sacrifizing
                   
                   their
                   lives
                   for
                   the
                   Pope
                   ,
                   
                   we
                   shall
                   find
                   that
                   by
                   taking
                   away
                   of
                   one
                   we
                   have
                   confirmed
                   and
                   united
                   many
                   ,
                   whereof
                   I
                   could
                   give
                   particular
                   instance
                   ,
                   if
                   I
                   thought
                   any
                   scruple
                   were
                   made
                   in
                   that
                   point
                   .
                   As
                   for
                   forraign
                   parts
                   which
                   hold
                   with
                   the
                   Papall
                   Supremacy
                   ,
                   it
                   is
                   clear
                   that
                   they
                   will
                   be
                   severe
                   ,
                   and
                   partial
                   judges
                   in
                   this
                   cause
                   ;
                   for
                   albeit
                   that
                   here
                   in
                   England
                   ,
                   It
                   is
                   well
                   known
                   to
                   all
                   true
                   and
                   loyal
                   Subjects
                   ,
                   
                   that
                   for
                   matter
                   of
                   Roman
                   doctrine
                   ,
                   no
                   mans
                   life
                   is
                   directly
                   called
                   into
                   question
                   ?
                   but
                   that
                   their
                   disobedience
                   in
                   reason
                   of
                   State
                   is
                   the
                   motive
                   of
                   their
                   persecution
                   ;
                   Nevertheless
                   where
                   a
                   great
                   Canker
                   of
                   Christendome
                   is
                   rooted
                   in
                   a
                   contrary
                   opinion
                   ,
                   and
                   things
                   in
                   this
                   world
                   are
                   for
                   the
                   most
                   part
                   esteemed
                   by
                   outward
                   appearance
                   ,
                   this
                   Land
                   cannot
                   escape
                   malicious
                   scandalls
                   ,
                   neither
                   shall
                   there
                   be
                   want
                   of
                   Colleges
                   to
                   supply
                   their
                   Faction
                   with
                   Seminaries
                   ;
                   
                   Therefore
                   again
                   and
                   again
                   ,
                   I
                   say
                   ,
                   that
                   if
                   the
                   state
                   of
                   the
                   question
                   were
                   so
                   set
                   ,
                   that
                   it
                   were
                   possible
                   by
                   a
                   general
                   execution
                   of
                   the
                   Priests
                   ,
                   and
                   their
                   adherents
                   ,
                   to
                   end
                   the
                   controversie
                   ,
                   I
                   could
                   in
                   some
                   sort
                   with
                   better
                   will
                   ,
                   subscribe
                   thereunto
                   ;
                   But
                   seeing
                   I
                   find
                   little
                   hope
                   in
                   that
                   course
                   ,
                   I
                   hold
                   it
                   safer
                   to
                   be
                   ambitious
                   of
                   the
                   victory
                   ,
                   which
                   is
                   purchased
                   with
                   less
                   loss
                   of
                   bloud
                   ;
                   and
                   to
                   proceed
                   as
                   Tully
                   
                   teacheth
                   his
                   Orator
                   ,
                   vvho
                   vvhen
                   he
                   cannot
                   vvholly
                   overthrow
                   his
                   Adversary
                   ,
                   yet
                   ought
                   he
                   to
                   do
                   it
                   in
                   some
                   part
                   ,
                   and
                   with
                   all
                   endeavour
                   to
                   confirm
                   his
                   own
                   party
                   in
                   the
                   best
                   manner
                   that
                   may
                   be
                   .
                
              
               
                 
                   IV.
                   
                
                 
                   He
                   that
                   forbeareth
                   to
                   sow
                   his
                   ground
                   in
                   expectance
                   of
                   a
                   good
                   Winde
                   or
                   favorable
                   Moon
                   ,
                   commonly
                   hath
                   a
                   poor
                   crop
                   and
                   purse
                   ;
                   so
                   shall
                   it
                   fare
                   with
                   this
                   State
                   ;
                   if
                   private
                   whisparings
                   of
                   discontented
                   persons
                   ,
                   that
                   never
                   learn't
                   to
                   speak
                   well
                   ,
                   be
                   too
                   nicely
                   regarded
                   ,
                   
                   yet
                   ought
                   they
                   not
                   to
                   be
                   sleightly
                   set
                   at
                   nought
                   ,
                   lest
                   our
                   credit
                   grow
                   light
                   ,
                   even
                   in
                   the
                   ballance
                   of
                   our
                   dearest
                   friends
                   .
                   The
                   Papisticall
                   Libellers
                   inform
                   against
                   us
                   ,
                   as
                   if
                   we
                   were
                   desirous
                   to
                   grow
                   fat
                   with
                   sucking
                   of
                   their
                   bloud
                   ,
                   the
                   very
                   walls
                   of
                   their
                   Seminary
                   Colledge
                   at
                   Rome
                   are
                   bedawbed
                   vvith
                   their
                   lying
                   Phansies
                   ,
                   and
                   in
                   every
                   corner
                   the
                   Corner-creepers
                   leave
                   some
                   badge
                   of
                   their
                   malicious
                   spleen
                   against
                   us
                   ,
                   crying
                   out
                   of
                   Cruelty
                   and
                   Persecution
                   ;
                   but
                   if
                   the
                   penalty
                   of
                   death
                   be
                   changed
                   into
                   a
                   simple
                   indurance
                   of
                   prison
                   ,
                   what
                   moat
                   in
                   our
                   eyes
                   can
                   they
                   finde
                   to
                   pull
                   out
                   ?
                   or
                   vvith
                   vvhat
                   Rhetorick
                   can
                   they
                   defend
                   their
                   obstinate
                   malapartness
                   ,
                   
                   which
                   with
                   repaying
                   us
                   ill
                   for
                   good
                   ,
                   deserve
                   to
                   have
                   coals
                   of
                   indignation
                   poured
                   upon
                   their
                   heads
                   ?
                   
                     Visne
                     muliebre
                     Consilium
                  
                   ?
                   
                   said
                   Livia
                   to
                   Augustus
                   ;
                   Let
                   severity
                   sleep
                   a
                   while
                   ,
                   and
                   try
                   what
                   alteration
                   the
                   pardoning
                   of
                   Cinna
                   may
                   procure
                   ;
                   The
                   Emperour
                   hearkned
                   to
                   her
                   Counsell
                   ,
                   and
                   thereby
                   found
                   his
                   Enemies
                   mouthes
                   stopped
                   ,
                   and
                   the
                   fury
                   of
                   their
                   malice
                   abated
                   .
                   Some
                   there
                   are
                   perchance
                   that
                   will
                   term
                   this
                   Clemency
                   innovation
                   ;
                   and
                   vouch
                   the
                   President
                   of
                   that
                   City
                   ,
                   which
                   permitteth
                   none
                   to
                   propound
                   new
                   Laws
                   ,
                   that
                   had
                   not
                   a
                   cord
                   about
                   their
                   necks
                   ready
                   for
                   vengeance
                   ,
                   
                   if
                   it
                   were
                   found
                   unprofitable
                   ;
                   but
                   let
                   such
                   Stoicks
                   know
                   ,
                   that
                   there
                   is
                   great
                   difference
                   between
                   the
                   penning
                   of
                   a
                   Law
                   ,
                   and
                   advice
                   giving
                   for
                   the
                   manner
                   of
                   executing
                   it
                   ;
                   neither
                   (
                   by
                   their
                   leaves
                   )
                   are
                   all
                   innovations
                   to
                   be
                   rejected
                   ,
                   for
                   divine
                   Plato
                   teacheth
                   us
                   ,
                   that
                   in
                   all
                   Common-wealths
                   upon
                   just
                   grounds
                   ,
                   there
                   ought
                   to
                   be
                   some
                   changes
                   ,
                   and
                   that
                   States
                   men
                   therein
                   must
                   behave
                   themselves
                   like
                   skilfull
                   musicians
                   ,
                   
                     Qui
                     artem
                     musices
                     non
                     mutant
                     ,
                     sed
                     musices
                     modum
                     .
                  
                
              
               
                 
                   V.
                   
                
                 
                   That
                   an
                   evil
                   weed
                   groweth
                   fast
                   ,
                   
                   by
                   the
                   example
                   of
                   the
                   new
                   Catholique
                   increase
                   ,
                   is
                   clearly
                   convinced
                   ;
                   but
                   he
                   that
                   will
                   ascribe
                   this
                   generation
                   simply
                   to
                   his
                   Majesties
                   heroicall
                   vertue
                   of
                   Clemency
                   ,
                   argueth
                   out
                   of
                   fallacy
                   ,
                   which
                   is
                   called
                   
                     Ignoratio
                     Elenchi
                  
                   ;
                   was
                   not
                   the
                   zeal
                   of
                   many
                   cooled
                   towards
                   the
                   last
                   end
                   of
                   
                   Queen
                   Elizabeths
                   Raign
                   ?
                   hath
                   not
                   the
                   impertinent
                   heat
                   of
                   some
                   of
                   our
                   own
                   side
                   bereft
                   us
                   of
                   part
                   of
                   our
                   strength
                   ,
                   and
                   the
                   Papacy
                   with
                   tract
                   of
                   time
                   gotten
                   a
                   hard
                   skin
                   on
                   their
                   Consciences
                   ?
                
                 
                   Parva
                   metus
                   primo
                   ,
                   mox
                   sese
                   attollit
                   in
                   altum
                   ?
                
                 
                   But
                   if
                   we
                   will
                   with
                   a
                   better
                   insight
                   behold
                   how
                   this
                   great
                   quantity
                   of
                   spaun
                   is
                   multiplied
                   ,
                   we
                   must
                   especially
                   ascribe
                   the
                   cause
                   thereof
                   to
                   their
                   Priests
                   ,
                   who
                   by
                   their
                   deaths
                   prepare
                   and
                   assure
                   more
                   to
                   their
                   sect
                   ,
                   than
                   by
                   their
                   lives
                   they
                   could
                   ever
                   perswade
                   ;
                   It
                   were
                   incivility
                   to
                   distrust
                   a
                   Friend
                   ,
                   or
                   one
                   that
                   hath
                   the
                   shew
                   of
                   an
                   honest
                   man
                   ,
                   if
                   he
                   will
                   frankly
                   give
                   his
                   word
                   ,
                   or
                   confirm
                   it
                   with
                   an
                   Oath
                   ,
                   but
                   when
                   a
                   Protestation
                   is
                   made
                   upon
                   the
                   last
                   gasp
                   of
                   life
                   ,
                   it
                   is
                   of
                   great
                   effect
                   to
                   those
                   that
                   cannot
                   gainesay
                   it
                   upon
                   their
                   owne
                   knowledge
                   .
                
                 
                   The
                   number
                   of
                   Priests
                   which
                   now
                   adayes
                   come
                   to
                   make
                   a
                   Tragicall
                   conclusion
                   is
                   not
                   great
                   ;
                   
                   yet
                   as
                   with
                   one
                   Seal
                   many
                   Patents
                   are
                   sealed
                   ;
                   so
                   ,
                   with
                   the
                   loss
                   of
                   few
                   lives
                   numbers
                   of
                   wavering
                   spirits
                   may
                   be
                   gained
                   ,
                   
                     Sanguis
                     Martyrum
                     ,
                     Semen
                     Ecclesieae
                  
                   ;
                   And
                   though
                   those
                   Priests
                   having
                   a
                   disadvantagious
                   cause
                   ,
                   are
                   in
                   very
                   deed
                   but
                   counterfeit
                   shadowes
                   of
                   Martyrs
                   unto
                   a
                   true
                   understanding
                   ,
                   yet
                   will
                   they
                   be
                   reputed
                   
                   for
                   such
                   ,
                   by
                   those
                   that
                   lay
                   their
                   Souls
                   in
                   pawn
                   unto
                   their
                   Doctrine
                   ,
                   with
                   whom
                   if
                   we
                   list
                   to
                   contend
                   by
                   multitude
                   of
                   voices
                   ,
                   vve
                   shall
                   be
                   cried
                   down
                   vvithout
                   all
                   peradventure
                   ,
                   for
                   the
                   gate
                   of
                   their
                   Church
                   is
                   vvide
                   ,
                   and
                   many
                   there
                   are
                   that
                   enter
                   thereinto
                   .
                
              
               
                 
                   VI.
                   
                
                 
                   By
                   divers
                   means
                   it
                   is
                   possible
                   to
                   come
                   to
                   one
                   and
                   the
                   self
                   same
                   end
                   ;
                   seeing
                   then
                   that
                   the
                   summe
                   of
                   our
                   vvell-vvishing
                   is
                   all
                   one
                   ,
                   namely
                   that
                   Popish
                   Priests
                   may
                   have
                   no
                   power
                   to
                   do
                   harm
                   ,
                   it
                   is
                   not
                   impertinent
                   to
                   try
                   sundry
                   paths
                   ,
                   
                   vvhich
                   may
                   lead
                   us
                   to
                   the
                   perfecting
                   of
                   our
                   desires
                   .
                   Politicians
                   distinguish
                   
                     inter
                     rempublicam
                     constitutam
                     &
                     rempublicam
                     constituendam
                     ,
                  
                   according
                   to
                   the
                   severall
                   natures
                   vvhereof
                   Statists
                   art
                   to
                   dispose
                   of
                   their
                   Counsells
                   and
                   Ordinances
                   ;
                   vvere
                   now
                   the
                   Rhemists
                   and
                   Romulists
                   new
                   hatched
                   out
                   of
                   the
                   shell
                   ,
                   the
                   former
                   course
                   of
                   severity
                   might
                   soon
                   bury
                   their
                   opinions
                   with
                   their
                   persons
                   ,
                   but
                   since
                   the
                   disease
                   is
                   inveterate
                   ,
                   variety
                   of
                   medicines
                   is
                   judicially
                   to
                   be
                   applyed
                   .
                   The
                   Romans
                   did
                   not
                   punish
                   all
                   crimes
                   of
                   one
                   and
                   the
                   selfsame
                   nature
                   vvith
                   extremity
                   of
                   death
                   ;
                   for
                   some
                   they
                   condemned
                   to
                   perpetuall
                   prison
                   ;
                   and
                   others
                   they
                   banished
                   into
                   an
                   Island
                   or
                   some
                   remote
                   Countrey
                   ;
                   even
                   in
                   the
                   case
                   of
                   Religion
                   they
                   vvere
                   very
                   tender
                   to
                   dip
                   their
                   fingers
                   in
                   
                   bloud
                   ;
                   for
                   vvhen
                   Cato
                   vvas
                   Consull
                   ,
                   (
                   and
                   it
                   seemed
                   good
                   unto
                   the
                   Senate
                   to
                   suppress
                   with
                   violence
                   the
                   disordered
                   Ceremony
                   of
                   the
                   Bacchanalls
                   ,
                   brought
                   by
                   a
                   strange
                   Priest
                   into
                   the
                   City
                   )
                   he
                   vvithstood
                   that
                   sentence
                   ,
                   alledging
                   that
                   there
                   vvas
                   nothing
                   so
                   apt
                   to
                   deceive
                   men
                   as
                   Religion
                   ,
                   vvhich
                   alwayes
                   pretends
                   a
                   shew
                   of
                   divinity
                   :
                   and
                   for
                   that
                   cause
                   ,
                   it
                   behoved
                   to
                   be
                   very
                   vvary
                   in
                   chastising
                   the
                   professors
                   thereof
                   ,
                   lest
                   any
                   indignation
                   should
                   enter
                   into
                   the
                   peoples
                   minds
                   ,
                   
                   that
                   some-what
                   vvas
                   derogated
                   from
                   the
                   Majesty
                   of
                   God.
                   Others
                   (
                   more
                   freely
                   )
                   have
                   not
                   spared
                   to
                   place
                   Relgion
                   ,
                   (
                   I
                   mean
                   that
                   Religion
                   vvhich
                   is
                   ignorantly
                   zealous
                   )
                   amongst
                   the
                   kinds
                   of
                   Frenzie
                   ,
                   vvhich
                   is
                   not
                   to
                   be
                   cured
                   otherwise
                   than
                   by
                   time
                   given
                   to
                   divert
                   ,
                   or
                   qualifie
                   the
                   fury
                   of
                   the
                   conceipt
                   ,
                   
                     Tantum
                     Religio
                     potuit
                     suadere
                     malorum
                     .
                  
                
              
               
                 
                   VII
                   .
                
                 
                   Howsoever
                   in
                   valuing
                   the
                   power
                   of
                   a
                   City
                   or
                   strength
                   of
                   arguments
                   ,
                   
                   quality
                   and
                   vvorth
                   is
                   to
                   be
                   preferred
                   before
                   number
                   ;
                   nevertheless
                   vvhere
                   the
                   uttermost
                   of
                   our
                   force
                   is
                   not
                   known
                   ,
                   it
                   imports
                   much
                   to
                   have
                   it
                   conceived
                   ;
                   That
                   the
                   multitude
                   stands
                   for
                   us
                   ,
                   for
                   doubts
                   and
                   suspicions
                   cast
                   in
                   an
                   enemies
                   vvay
                   evermore
                   makes
                   things
                   seem
                   greater
                   ,
                   and
                   more
                   difficult
                   than
                   they
                   are
                   indeed
                   ;
                   vve
                   have
                   by
                   Gods
                   mercy
                   
                   the
                   Sword
                   of
                   justice
                   drawn
                   in
                   our
                   behalf
                   ,
                   which
                   upon
                   short
                   warning
                   is
                   able
                   to
                   disunite
                   the
                   secret
                   underminers
                   of
                   our
                   quiet
                   ;
                   we
                   have
                   a
                   King
                   zealous
                   for
                   the
                   house
                   of
                   the
                   Lord
                   ,
                   
                   who
                   needeth
                   not
                   to
                   feare
                   less
                   success
                   in
                   shutting
                   up
                   of
                   Priests
                   ,
                   than
                   our
                   late
                   Queen
                   had
                   ,
                   in
                   restraining
                   them
                   in
                   Wisbich
                   Castle
                   ,
                   where
                   lest
                   their
                   factious
                   Spirits
                   should
                   grow
                   rusty
                   ,
                   they
                   converted
                   their
                   Cancer
                   to
                   fret
                   upon
                   themselves
                   ,
                   and
                   vomitting
                   out
                   Gall
                   in
                   Quod-libets
                   ,
                   shewed
                   that
                   their
                   disease
                   was
                   chiefly
                   predominant
                   in
                   the
                   spleen
                   ;
                   what
                   tempests
                   they
                   have
                   raised
                   in
                   their
                   College
                   at
                   Rome
                   ,
                   
                   their
                   own
                   books
                   ,
                   and
                   many
                   travellers
                   can
                   witness
                   ;
                   the
                   storm
                   whereof
                   was
                   such
                   ,
                   that
                   
                     Sixtus
                     Quintus
                  
                   complained
                   seriously
                   of
                   the
                   vexation
                   which
                   he
                   received
                   oftner
                   from
                   the
                   English
                   Scholars
                   ,
                   then
                   all
                   the
                   Vassals
                   of
                   the
                   Triple
                   Crown
                   ;
                   and
                   untruly
                   is
                   the
                   Magistrate
                   noted
                   of
                   negligence
                   or
                   overmuch
                   security
                   ,
                   that
                   layeth
                   wait
                   to
                   catch
                   the
                   Foxes
                   ,
                   and
                   the
                   little
                   Foxes
                   which
                   spoyl
                   the
                   Vineyard
                   ,
                   
                   though
                   afterwards
                   without
                   further
                   punishment
                   he
                   reserve
                   them
                   to
                   the
                   day
                   wherein
                   God
                   will
                   take
                   accompt
                   of
                   their
                   Stewardship
                   ;
                   for
                   if
                   Aristotles
                   City
                   ,
                   defined
                   to
                   be
                   a
                   society
                   of
                   men
                   assembled
                   to
                   live
                   well
                   ,
                   be
                   the
                   same
                   which
                   in
                   our
                   Law
                   ,
                   hath
                   reference
                   to
                   the
                   maintaining
                   of
                   the
                   people
                   in
                   Peace
                   ,
                   so
                   long
                   as
                   we
                   taste
                   of
                   the
                   
                   sweet
                   of
                   a
                   peaceable
                   Government
                   we
                   cannot
                   say
                   but
                   that
                   we
                   live
                   well
                   ,
                   and
                   that
                   the
                   City
                   consisting
                   of
                   men
                   and
                   not
                   of
                   walls
                   is
                   happily
                   guided
                   .
                
              
               
                 
                   VIII
                   .
                
                 
                   An
                   Oath
                   is
                   a
                   weak
                   bond
                   to
                   contain
                   him
                   that
                   will
                   for
                   pretended
                   conscience
                   sake
                   hold
                   not
                   faith
                   with
                   heretiques
                   ,
                   
                   or
                   by
                   absolution
                   from
                   a
                   Priest
                   thinketh
                   himself
                   at
                   liberty
                   to
                   fly
                   from
                   any
                   promise
                   or
                   protestation
                   whatsoever
                   ;
                   therefore
                   when
                   I
                   remember
                   that
                   Watson
                   the
                   Priest
                   ,
                   notwithstanding
                   his
                   invectives
                   against
                   the
                   Jesuits
                   ,
                   gained
                   liberty
                   to
                   forge
                   his
                   traiterous
                   inventions
                   ,
                   and
                   had
                   others
                   of
                   his
                   society
                   in
                   the
                   complot
                   ,
                   I
                   judge
                   if
                   safer
                   to
                   make
                   recluses
                   of
                   them
                   ,
                   than
                   to
                   suffer
                   such
                   to
                   dally
                   with
                   us
                   by
                   books
                   ,
                   and
                   some
                   idle
                   intelligences
                   cast
                   abroad
                   onely
                   as
                   a
                   mist
                   to
                   bleare
                   our
                   eyes
                   .
                   But
                   how
                   shall
                   we
                   finde
                   the
                   meanes
                   to
                   apprehend
                   those
                   disguised
                   Romanists
                   that
                   borrow
                   the
                   shape
                   of
                   Captaines
                   ,
                   Merchants
                   ,
                   Gentlemen
                   ,
                   Citizens
                   ,
                   and
                   all
                   sorts
                   of
                   people
                   ,
                   and
                   by
                   equivocation
                   may
                   deny
                   themselves
                   to
                   be
                   themselves
                   ?
                   In
                   answer
                   to
                   this
                   question
                   ,
                   I
                   will
                   first
                   shew
                   the
                   reason
                   why
                   they
                   are
                   not
                   pursued
                   and
                   taken
                   ,
                   and
                   hereafter
                   make
                   an
                   overture
                   how
                   they
                   may
                   be
                   bolted
                   out
                   of
                   their
                   hutches
                   ;
                   the
                   nature
                   of
                   Man
                   howsoever
                   in
                   hot
                   bloud
                   ,
                   it
                   be
                   thirsty
                   of
                   revenge
                   ,
                   in
                   a
                   cold
                   temper
                   it
                   hath
                   a
                   kind
                   of
                   Nausea
                   as
                   I
                   may
                   call
                   it
                   ,
                   or
                   a
                   distaste
                   
                   of
                   taking
                   away
                   the
                   lives
                   ,
                   
                   even
                   of
                   the
                   Nocent
                   ,
                   insomuch
                   that
                   in
                   all
                   Sises
                   and
                   Sessions
                   ,
                   an
                   offender
                   can
                   hardly
                   be
                   condemned
                   ,
                   whom
                   the
                   foolish
                   pitty
                   of
                   man
                   will
                   not
                   after
                   a
                   sort
                   excuse
                   ,
                   with
                   laying
                   some
                   imputation
                   on
                   the
                   Judge
                   ,
                   part
                   on
                   the
                   Jury
                   ,
                   and
                   much
                   on
                   the
                   Accuser
                   ;
                   and
                   such
                   is
                   their
                   blind
                   affection
                   ,
                   that
                   the
                   prisoner
                   who
                   perhaps
                   was
                   never
                   recommended
                   for
                   handsomeness
                   ,
                   will
                   be
                   esteemed
                   of
                   them
                   ,
                   for
                   one
                   of
                   the
                   properest
                   men
                   in
                   the
                   company
                   ;
                   from
                   hence
                   it
                   comes
                   that
                   the
                   name
                   of
                   Serjeant
                   ,
                   or
                   Pursevant
                   is
                   odious
                   ,
                   and
                   the
                   executioner
                   ,
                   although
                   he
                   be
                   the
                   hand
                   of
                   justice
                   ,
                   is
                   esteemed
                   no
                   better
                   than
                   an
                   enemy
                   of
                   mankind
                   ,
                   and
                   one
                   that
                   lost
                   honesty
                   and
                   humanity
                   in
                   his
                   cradle
                   ;
                   Reverend
                   Master
                   Fox
                   was
                   wont
                   to
                   say
                   ,
                   that
                   spies
                   and
                   accusers
                   were
                   necessary
                   members
                   in
                   a
                   Common-wealth
                   ,
                   and
                   deserved
                   to
                   be
                   cherished
                   ,
                   but
                   for
                   his
                   own
                   part
                   he
                   would
                   not
                   be
                   any
                   of
                   that
                   number
                   ,
                   or
                   wish
                   his
                   friends
                   to
                   affect
                   such
                   imployments
                   ;
                   and
                   albeit
                   that
                   the
                   Law
                   permits
                   ,
                   
                   and
                   commands
                   every
                   man
                   to
                   apprehend
                   a
                   felon
                   ,
                   do
                   we
                   not
                   see
                   commonly
                   very
                   many
                   content
                   to
                   stand
                   by
                   and
                   look
                   on
                   while
                   others
                   performe
                   that
                   office
                   ?
                   likewise
                   it
                   is
                   evident
                   ,
                   that
                   if
                   such
                   as
                   are
                   tender
                   of
                   their
                   reputations
                   ,
                   be
                   very
                   scrupulous
                   personally
                   to
                   arrest
                   men
                   ,
                   for
                   civill
                   actions
                   of
                   debt
                   ,
                   they
                   will
                   be
                   more
                   unwilling
                   instruments
                   of
                   
                   drawing
                   their
                   bodies
                   to
                   the
                   Rack
                   or
                   the
                   Gallowes
                   ,
                   especially
                   when
                   there
                   is
                   any
                   colour
                   of
                   Religion
                   to
                   be
                   pretended
                   in
                   their
                   defence
                   ;
                   the
                   diversity
                   of
                   mens
                   faces
                   is
                   great
                   ,
                   but
                   the
                   difference
                   of
                   their
                   minds
                   in
                   this
                   case
                   is
                   more
                   variable
                   ,
                   wherein
                   the
                   meanest
                   have
                   thought
                   as
                   free
                   as
                   the
                   highest
                   ;
                   besides
                   this
                   ,
                   there
                   are
                   too
                   many
                   of
                   the
                   blind
                   commonalty
                   altogether
                   Popish
                   ,
                   though
                   indeed
                   they
                   make
                   honourable
                   amends
                   for
                   their
                   treason
                   ;
                   verily
                   I
                   know
                   not
                   what
                   misguiding
                   of
                   the
                   mind
                   it
                   is
                   ,
                   that
                   maketh
                   men
                   forecast
                   the
                   possibility
                   of
                   alteration
                   in
                   matters
                   of
                   Relgion
                   ,
                   
                   and
                   for
                   that
                   respect
                   they
                   are
                   exceeding
                   backward
                   in
                   discovery
                   ,
                   and
                   laying
                   hands
                   on
                   Seminaries
                   ,
                   yea
                   and
                   are
                   timorous
                   in
                   enacting
                   sharp
                   Lawes
                   against
                   them
                   ,
                   as
                   those
                   that
                   silently
                   say
                   amongst
                   themselves
                   ,
                   
                     
                       Sors
                       hodierna
                       mihi
                       ,
                       cras
                       erit
                       illa
                       tibi
                       .
                    
                  
                
                 
                   S●me
                   also
                   survive
                   ?
                   Who
                   ,
                   remember
                   that
                   in
                   Queen
                   Maries
                   time
                   ,
                   the
                   Protestants
                   alledged
                   a
                   Text
                   ,
                   that
                   the
                   tares
                   should
                   not
                   be
                   plucked
                   up
                   before
                   harvest
                   ,
                   nay
                   shall
                   I
                   speak
                   a
                   buggs
                   word
                   ,
                   there
                   is
                   no
                   small
                   number
                   that
                   stand
                   doubtfull
                   whether
                   it
                   be
                   a
                   gratefull
                   work
                   to
                   cross
                   Popery
                   ,
                   or
                   that
                   it
                   may
                   be
                   done
                   safely
                   without
                   a
                   foul
                   aspersion
                   of
                   Puritanism
                   ,
                   or
                   a
                   shrewd
                   turn
                   of
                   their
                   labours
                   ,
                   at
                   some
                   time
                   or
                   other
                   ,
                   by
                   which
                   unhappy
                   ambiguity
                   it
                   comes
                   to
                   pass
                   ,
                   that
                   these
                   
                     Animalia
                     Amphibia
                  
                   (
                   the
                   Priests
                   I
                   mean
                   )
                   
                   that
                   prey
                   on
                   the
                   Souls
                   and
                   bodies
                   of
                   either
                   sex
                   ,
                   
                   unatached
                   ,
                   revell
                   where
                   they
                   list
                   ,
                   though
                   they
                   be
                   more
                   seen
                   than
                   a
                   man
                   dancing
                   in
                   a
                   Net
                   ;
                   how
                   much
                   fitter
                   were
                   it
                   for
                   us
                   couragiously
                   to
                   invite
                   them
                   to
                   our
                   party
                   ,
                   by
                   preaching
                   or
                   confuting
                   them
                   by
                   writing
                   ,
                   and
                   unto
                   the
                   State
                   wherein
                   we
                   stand
                   ,
                   wisely
                   to
                   apply
                   the
                   saying
                   of
                   the
                   Assirian
                   King
                   to
                   his
                   Souldiers
                   ,
                   You
                   are
                   fools
                   (
                   quoth
                   he
                   )
                   if
                   there
                   be
                   any
                   hope
                   in
                   your
                   hearts
                   to
                   redress
                   sorrow
                   by
                   flight
                   ,
                   or
                   rather
                   indeavour
                   to
                   make
                   them
                   fly
                   that
                   are
                   the
                   causers
                   of
                   your
                   grief
                   ,
                   assuring
                   your selves
                   ,
                   that
                   more
                   perish
                   in
                   flight
                   ,
                   then
                   in
                   the
                   Battail
                   ,
                   even
                   as
                   many
                   seeking
                   to
                   meet
                   the
                   Papists
                   half
                   way
                   discomfort
                   our
                   own
                   party
                   .
                
              
               
                 
                   IX
                   .
                
                 
                   It
                   followeth
                   now
                   (
                   according
                   to
                   the
                   Method
                   prescribed
                   )
                   that
                   an
                   overture
                   be
                   made
                   to
                   get
                   the
                   Jesuits
                   and
                   their
                   shadowes
                   the
                   Priests
                   ,
                   
                   into
                   possession
                   ;
                   it
                   hath
                   been
                   heretofore
                   recited
                   ,
                   that
                   the
                   unwelcome
                   name
                   of
                   a
                   bloud-sucker
                   ,
                   a
                   busie-body
                   ,
                   or
                   a
                   Puritane
                   ,
                   hath
                   been
                   shrewd
                   Scar-crowes
                   unto
                   many
                   honest
                   minds
                   ;
                   by
                   abrogating
                   therefore
                   of
                   those
                   or
                   such
                   like
                   imputations
                   many
                   will
                   be
                   stirred
                   up
                   to
                   undertake
                   the
                   apprehending
                   of
                   the
                   adversaries
                   unto
                   the
                   truth
                   ,
                   especially
                   when
                   for
                   their
                   pains
                   and
                   time
                   imployed
                   ,
                   they
                   shall
                   deserve
                   and
                   have
                   the
                   title
                   of
                   good
                   Patriots
                   ,
                   dutifull
                   
                   Subjects
                   ,
                   
                   and
                   zealous
                   Christians
                   ;
                   how
                   ready
                   is
                   every
                   common
                   person
                   to
                   carry
                   a
                   malefactor
                   to
                   the
                   stocks
                   ,
                   rather
                   then
                   unto
                   the
                   Gaole
                   or
                   execution
                   ?
                   and
                   doubtless
                   they
                   will
                   be
                   no
                   less
                   forward
                   to
                   attach
                   a
                   Priest
                   ,
                   when
                   they
                   are
                   assured
                   that
                   the
                   worst
                   of
                   his
                   punishment
                   shall
                   be
                   a
                   simple
                   restraint
                   within
                   the
                   walls
                   of
                   an
                   old
                   Castle
                   .
                   A
                   certain
                   kind
                   of
                   people
                   there
                   is
                   ,
                   with
                   whom
                   money
                   playes
                   a
                   more
                   forcible
                   Orators
                   part
                   ,
                   then
                   any
                   perswasion
                   of
                   the
                   dutifull
                   service
                   which
                   they
                   owe
                   to
                   the
                   Commonwealth
                   ,
                   these
                   men
                   will
                   not
                   be
                   negligent
                   to
                   give
                   intelligence
                   ,
                   and
                   also
                   to
                   procure
                   it
                   faithfully
                   ;
                   Provided
                   that
                   reward
                   may
                   help
                   to
                   line
                   their
                   thread-bare
                   purses
                   ,
                   and
                   exempt
                   them
                   from
                   need
                   to
                   sell
                   liberty
                   unto
                   Seminaries
                   ;
                   and
                   where
                   assurance
                   of
                   gaine
                   is
                   propounded
                   for
                   discovery
                   ,
                   what
                   master
                   or
                   house-keeper
                   will
                   trust
                   his
                   servant
                   with
                   keeping
                   of
                   his
                   Priest
                   ,
                   or
                   sleepe
                   quietly
                   while
                   he
                   is
                   engaged
                   to
                   the
                   danger
                   of
                   a
                   Mercenary
                   ?
                   I
                   remember
                   that
                   in
                   Italy
                   it
                   was
                   often
                   told
                   me
                   ,
                   That
                   the
                   bountifull
                   hand
                   of
                   Sir
                   
                     Francis
                     Walsingham
                  
                   made
                   his
                   Intelligencers
                   so
                   active
                   ,
                   that
                   a
                   Seminary
                   could
                   scarcely
                   stir
                   out
                   of
                   the
                   gates
                   of
                   Rome
                   without
                   his
                   privity
                   ,
                   which
                   success
                   by
                   mediation
                   of
                   gold
                   may
                   as
                   readily
                   be
                   obtained
                   from
                   
                     Syvill
                     ,
                     ●●●●dolid
                     ,
                     Doway
                     ,
                     〈◊〉
                     Paris
                     ,
                  
                   and
                   any
                   other
                   places
                   ,
                   and
                   by
                   
                   forewarning
                   given
                   of
                   their
                   approach
                   ,
                   they
                   may
                   be
                   waited
                   for
                   at
                   the
                   Ports
                   ,
                   and
                   from
                   thence
                   soon
                   conveyed
                   to
                   a
                   safe
                   lodging
                   .
                   But
                   whence
                   shall
                   the
                   stream
                   flowe
                   that
                   must
                   feed
                   this
                   bounty
                   ?
                   it
                   is
                   a
                   doubt
                   easily
                   satisfied
                   ,
                   if
                   some
                   thousands
                   of
                   Poundes
                   out
                   of
                   the
                   Recusants
                   penalties
                   be
                   reserved
                   in
                   stock
                   ,
                   and
                   committed
                   by
                   his
                   Majesty
                   unto
                   the
                   disposition
                   of
                   zealous
                   distributers
                   ,
                   who
                   will
                   not
                   be
                   afraid
                   to
                   conclude
                   
                     Perdat
                     fiscus
                  
                   ,
                   
                   
                     ut
                     capiat
                     Christus
                  
                   ;
                   neither
                   need
                   we
                   seeke
                   any
                   further
                   succour
                   to
                   repair
                   decayed
                   Castles
                   ,
                   and
                   therein
                   to
                   defray
                   the
                   charge
                   of
                   the
                   Priests
                   ,
                   with
                   a
                   sure
                   guard
                   to
                   keep
                   them
                   ,
                   than
                   the
                   aforesaid
                   forfeitures
                   that
                   by
                   the
                   Justice
                   of
                   the
                   Law
                   may
                   be
                   collected
                   ;
                   which
                   course
                   if
                   every
                   it
                   come
                   happily
                   to
                   be
                   entertained
                   ,
                   and
                   that
                   Recusancy
                   cease
                   to
                   be
                   an
                   ignominious
                   prey
                   to
                   the
                   subject
                   ,
                   the
                   proceedings
                   for
                   Religion
                   shall
                   be
                   less
                   blamed
                   ,
                   and
                   perhaps
                   altogether
                   unjustly
                   accused
                   by
                   any
                   graceless
                   Gretzerus
                   or
                   
                     Cacodaemon
                     Johannes
                  
                   ,
                   tincting
                   their
                   pens
                   in
                   Gall
                   and
                   Vineger
                   ;
                   for
                   besides
                   occasion
                   of
                   Calumniation
                   given
                   by
                   sutes
                   of
                   that
                   nature
                   ,
                   it
                   is
                   evident
                   that
                   many
                   Recusants
                   that
                   would
                   be
                   indicted
                   for
                   the
                   King
                   ,
                   and
                   the
                   effecting
                   the
                   Project
                   aforesaid
                   ,
                   shall
                   escape
                   without
                   punishment
                   ,
                   and
                   be
                   borne
                   out
                   against
                   the
                   power
                   of
                   a
                   private
                   person
                   ;
                   begging
                   to
                   
                   no
                   other
                   purpose
                   ,
                   
                   than
                   hath
                   heretofore
                   been
                   used
                   :
                   and
                   albeit
                   the
                   penalty
                   be
                   rated
                   at
                   20
                   l.
                   a
                   moneth
                   ,
                   yet
                   was
                   it
                   never
                   the
                   Law-makers
                   intent
                   ,
                   that
                   such
                   as
                   were
                   not
                   able
                   to
                   pay
                   so
                   great
                   a
                   summe
                   ,
                   should
                   go
                   scot-free
                   ,
                   but
                   that
                   according
                   to
                   the
                   proportion
                   of
                   their
                   ability
                   ,
                   they
                   should
                   do
                   the
                   penance
                   of
                   their
                   Purses
                   ,
                   whereas
                   now
                   if
                   the
                   voice
                   of
                   the
                   people
                   (
                   which
                   is
                   said
                   to
                   be
                   the
                   voice
                   of
                   God
                   )
                   is
                   to
                   be
                   credited
                   ,
                   the
                   poorer
                   sort
                   is
                   skipt
                   over
                   ,
                   as
                   if
                   they
                   owed
                   no
                   souls
                   to
                   God
                   ,
                   nor
                   duty
                   to
                   their
                   Soveraign
                   .
                   A
                   poor
                   Man
                   (
                   saith
                   one
                   )
                   is
                   to
                   be
                   pittied
                   ,
                   if
                   he
                   offend
                   through
                   necessity
                   ,
                   but
                   if
                   he
                   do
                   amiss
                   voluntarily
                   ,
                   he
                   is
                   more
                   severely
                   to
                   be
                   chastised
                   ,
                   for
                   so
                   much
                   as
                   wanting
                   friends
                   ,
                   and
                   meanes
                   to
                   bear
                   him
                   out
                   ,
                   if
                   sheweth
                   that
                   this
                   fault
                   proceeds
                   from
                   presumption
                   .
                
              
               
                 
                   X.
                   
                
                 
                   Let
                   us
                   now
                   pre-suppose
                   ,
                   that
                   all
                   the
                   whole
                   Regiment
                   of
                   Jesuits
                   of
                   Seminaries
                   were
                   lodged
                   in
                   safe
                   custody
                   ,
                   may
                   we
                   then
                   perswade
                   our selves
                   ,
                   that
                   Popery
                   will
                   vanish
                   like
                   a
                   dumb
                   shew
                   ;
                   I
                   am
                   clearly
                   resolved
                   that
                   though
                   it
                   receive
                   a
                   great
                   eclipse
                   ,
                   notwithstanding
                   without
                   other
                   helps
                   the
                   Kingdome
                   of
                   Antichrist
                   will
                   onely
                   be
                   hidden
                   ,
                   as
                   a
                   weed
                   that
                   seems
                   withered
                   in
                   the
                   Winter
                   ,
                   and
                   is
                   ready
                   to
                   sprout
                   out
                   vvith
                   the
                   Spring
                   .
                   Temporall
                   armes
                   are
                   remedies
                   
                   serving
                   for
                   a
                   time
                   ,
                   
                   but
                   the
                   Spirituall
                   sword
                   is
                   permanent
                   in
                   operation
                   ,
                   and
                   by
                   an
                   invisible
                   blow
                   workes
                   more
                   than
                   mortall
                   man
                   can
                   imagine
                   .
                   The
                   word
                   of
                   God
                   carrieth
                   this
                   two-edged
                   weapon
                   in
                   his
                   mouth
                   ,
                   which
                   is
                   to
                   be
                   used
                   by
                   faithfull
                   Ministers
                   of
                   the
                   Church
                   ,
                   whom
                   pure
                   zeal
                   ,
                   without
                   respect
                   to
                   worldly
                   promotion
                   ,
                   or
                   persons
                   ,
                   ought
                   to
                   encourage
                   :
                   Of
                   Judges
                   the
                   Scripture
                   saith
                   
                     Estote
                     fortes
                  
                   ;
                   and
                   daily
                   we
                   see
                   ,
                   that
                   sitting
                   in
                   their
                   judiciall
                   seats
                   ,
                   God
                   inspireth
                   them
                   with
                   greater
                   courage
                   ,
                   than
                   when
                   ,
                   as
                   private
                   persons
                   ,
                   they
                   are
                   to
                   give
                   their
                   opinions
                   ;
                   no
                   less
                   is
                   the
                   power
                   of
                   the
                   Holy
                   Ghost
                   in
                   his
                   servants
                   ,
                   
                   that
                   out
                   of
                   the
                   Pulpit
                   are
                   to
                   deliver
                   his
                   Ambassage
                   ;
                   let
                   them
                   therefore
                   not
                   be
                   dismaid
                   to
                   speak
                   out
                   plainly
                   ,
                   and
                   tell
                   the
                   truth
                   ,
                   without
                   running
                   a
                   middle
                   course
                   between
                   heat
                   and
                   cold
                   ,
                   unprofitable
                   discanting
                   upon
                   the
                   Scripture
                   ,
                   with
                   an
                   Old
                   postile
                   ,
                   or
                   for
                   want
                   of
                   better
                   matter
                   waste
                   the
                   poor
                   time
                   shut
                   up
                   in
                   an
                   hour-glass
                   ,
                   with
                   skirmishing
                   against
                   the
                   worthy
                   Pillars
                   of
                   our
                   own
                   profession
                   :
                   Rumor
                   which
                   is
                   ever
                   ready
                   to
                   take
                   hold
                   of
                   evill
                   ,
                   hath
                   raised
                   a
                   secret
                   ,
                   though
                   (
                   as
                   I
                   hope
                   )
                   a
                   causless
                   suspicion
                   ,
                   that
                   there
                   should
                   be
                   some
                   combination
                   underhand
                   ,
                   by
                   changing
                   the
                   state
                   of
                   questions
                   ,
                   to
                   put
                   us
                   in
                   our
                   old
                   dayes
                   to
                   learn
                   a
                   new
                   Catechisme
                   ,
                   and
                   when
                   they
                   have
                   brought
                   
                   us
                   out
                   of
                   conceipt
                   with
                   the
                   Reverend
                   Interpreters
                   of
                   the
                   Word
                   ,
                   to
                   use
                   us
                   then
                   as
                   the
                   Wolves
                   (
                   mentioned
                   in
                   Demosthenes
                   Apology
                   )
                   handled
                   the
                   Shepheards
                   when
                   they
                   had
                   delivered
                   up
                   their
                   Dogs
                   .
                   Most
                   sacred
                   was
                   that
                   Speech
                   of
                   our
                   gracious
                   King
                   concerning
                   
                     Vorstius
                     ,
                     He
                     that
                     will
                     speak
                     of
                  
                   Canaan
                   ,
                   
                     let
                     him
                     speak
                     the
                     language
                     of
                  
                   Canaan
                   .
                   How
                   can
                   we
                   draw
                   others
                   to
                   our
                   Church
                   ,
                   if
                   we
                   cannot
                   agree
                   ,
                   where
                   ,
                   and
                   how
                   to
                   lay
                   our
                   foundation
                   ?
                   or
                   how
                   may
                   we
                   cleanse
                   the
                   Leprous
                   disease
                   of
                   dissention
                   ,
                   which
                   the
                   Papists
                   which
                   are
                   least
                   assured
                   to
                   themselves
                   ,
                   
                   and
                   most
                   doubtfull
                   of
                   their
                   Salvation
                   ,
                   are
                   not
                   ashamed
                   to
                   ascribe
                   unto
                   many
                   of
                   us
                   ?
                   I
                   would
                   not
                   have
                   Ministers
                   indiscreet
                   like
                   Dogs
                   to
                   barke
                   against
                   all
                   ,
                   whether
                   they
                   know
                   or
                   know
                   them
                   not
                   ,
                   I
                   like
                   better
                   the
                   opinion
                   of
                   Aristotle
                   ,
                   who
                   adviseth
                   those
                   that
                   stand
                   in
                   guard
                   of
                   a
                   place
                   ,
                   to
                   be
                   curst
                   onely
                   to
                   such
                   as
                   are
                   about
                   to
                   endammage
                   the
                   City
                   :
                   If
                   Pursevants
                   or
                   other
                   Civil
                   Officers
                   ,
                   would
                   learn
                   to
                   keep
                   this
                   rule
                   ,
                   they
                   might
                   go
                   about
                   their
                   business
                   with
                   much
                   credit
                   .
                   The
                   imagined
                   fear
                   of
                   inviting
                   the
                   Romish
                   Faction
                   by
                   force
                   to
                   deliver
                   their
                   Ghostly
                   Fathers
                   out
                   of
                   Prison
                   ,
                   moves
                   me
                   not
                   a
                   whit
                   ;
                   for
                   I
                   cannot
                   believe
                   that
                   they
                   esteeme
                   them
                   at
                   so
                   dear
                   a
                   price
                   ,
                   as
                   they
                   would
                   runne
                   the
                   hazard
                   ,
                   by
                   freeing
                   others
                   out
                   of
                   hold
                   ,
                   to
                   put
                   themselves
                   
                   into
                   their
                   places
                   .
                   Some
                   will
                   say
                   that
                   a
                   man
                   of
                   Straw
                   is
                   a
                   head
                   good
                   enough
                   for
                   a
                   discontented
                   multitude
                   ;
                   That
                   the
                   Papists
                   are
                   very
                   chollerique
                   it
                   appears
                   sufficiently
                   by
                   their
                   writings
                   ,
                   yet
                   it
                   hath
                   pleased
                   God
                   to
                   send
                   those
                   curst
                   Cowes
                   short
                   hornes
                   ;
                   that
                   when
                   they
                   should
                   not
                   finde
                   a
                   man
                   of
                   sufficiency
                   to
                   serve
                   their
                   turn
                   ,
                   
                   they
                   were
                   faine
                   to
                   do
                   homage
                   to
                   Garnetts
                   straw
                   ,
                   forgetfull
                   as
                   they
                   are
                   that
                   such
                   stubble
                   cannot
                   endure
                   the
                   tryall
                   of
                   fire
                   :
                   But
                   unto
                   us
                   ,
                   that
                   ought
                   to
                   be
                   Doers
                   ,
                   as
                   well
                   as
                   Professors
                   of
                   the
                   Gospell
                   ,
                   let
                   this
                   remain
                   as
                   a
                   memorable
                   Theorem
                   ;
                   
                     Religion
                     is
                     the
                     Mother
                     of
                     good
                     order
                     ,
                     Good
                     order
                     is
                     the
                     cause
                     of
                     prosperous
                     Fortune
                     ,
                     and
                     happy
                     Successe
                     in
                     all
                     Counsells
                     ,
                     and
                     enterprises
                     ,
                  
                   Therefore
                   in
                   what
                   estate
                   soever
                   there
                   wanteth
                   good
                   order
                   ,
                   it
                   is
                   an
                   evident
                   Argument
                   that
                   Religion
                   goes
                   backward
                   .
                
              
               
                 
                   XI
                   .
                
                 
                   I
                   have
                   ever
                   held
                   it
                   for
                   a
                   kinde
                   of
                   Injustice
                   to
                   omit
                   the
                   execution
                   of
                   mean
                   Lawes
                   ,
                   
                   made
                   to
                   prevent
                   the
                   effects
                   of
                   Idleness
                   ,
                   and
                   then
                   to
                   apply
                   main
                   extremity
                   of
                   the
                   sword
                   ,
                   when
                   the
                   proling
                   habit
                   gotten
                   by
                   that
                   vice
                   comes
                   to
                   light
                   ;
                   no
                   less
                   is
                   the
                   course
                   uncharitable
                   (
                   with
                   pardon
                   for
                   this
                   presumption
                   be
                   it
                   spoken
                   )
                   when
                   we
                   spare
                   them
                   that
                   have
                   no
                   Religion
                   at
                   all
                   ,
                   and
                   censure
                   those
                   that
                   can
                   give
                   an
                   accompt
                   of
                   
                   somewhat
                   tending
                   to
                   that
                   purpose
                   .
                   He
                   that
                   is
                   in
                   misery
                   must
                   be
                   born
                   withall
                   if
                   he
                   speake
                   miserably
                   ,
                   and
                   when
                   the
                   child
                   from
                   his
                   mothers
                   brest
                   hath
                   sucked
                   nothing
                   but
                   Popery
                   ,
                   a
                   man
                   had
                   need
                   to
                   be
                   angry
                   with
                   discretion
                   if
                   he
                   hear
                   him
                   speake
                   in
                   the
                   voice
                   of
                   a
                   Papist
                   .
                   God
                   calleth
                   some
                   by
                   miracle
                   ,
                   but
                   the
                   ordinary
                   meanes
                   is
                   his
                   Word
                   ;
                   if
                   that
                   meanes
                   in
                   any
                   place
                   of
                   this
                   Land
                   be
                   wanting
                   ,
                   of
                   what
                   Religion
                   is
                   it
                   likeliest
                   the
                   people
                   will
                   be
                   ?
                   I
                   suppose
                   that
                   few
                   men
                   will
                   gainesay
                   my
                   assertion
                   ,
                   that
                   outward
                   sence
                   will
                   direct
                   them
                   to
                   Popery
                   ,
                   which
                   is
                   fuller
                   of
                   Pageants
                   than
                   of
                   spirituall
                   doctrine
                   ;
                   and
                   what
                   is
                   the
                   cause
                   that
                   after
                   so
                   many
                   yeares
                   preaching
                   of
                   the
                   Gospell
                   ,
                   the
                   Common
                   people
                   still
                   retaine
                   a
                   scent
                   of
                   the
                   Roman
                   perfume
                   ?
                   the
                   Cause
                   is
                   for
                   that
                   the
                   formall
                   obedience
                   of
                   coming
                   to
                   Church
                   hath
                   been
                   more
                   expected
                   than
                   the
                   instruction
                   of
                   private
                   families
                   ,
                   
                   publique
                   Catechizing
                   is
                   of
                   great
                   use
                   ,
                   but
                   the
                   first
                   Elements
                   thereof
                   are
                   to
                   be
                   learnt
                   at
                   home
                   ,
                   and
                   those
                   things
                   which
                   we
                   learn
                   from
                   our
                   Parents
                   ,
                   sticke
                   more
                   surely
                   in
                   our
                   mindes
                   ;
                   what
                   was
                   the
                   cause
                   why
                   the
                   Spartans
                   continued
                   their
                   Government
                   so
                   many
                   Revolutions
                   of
                   times
                   ,
                   without
                   mutation
                   ?
                   Histories
                   record
                   ,
                   that
                   learning
                   their
                   Countrey
                   Customes
                   from
                   their
                   Infancy
                   ,
                   they
                   could
                   not
                   be
                   induced
                   to
                   alter
                   them
                   ;
                   And
                   
                   in
                   this
                   our
                   native
                   soile
                   we
                   perceive
                   ,
                   
                   that
                   the
                   Common
                   Lawes
                   which
                   rely
                   on
                   antient
                   Customes
                   ,
                   are
                   better
                   observed
                   than
                   late
                   Statutes
                   ,
                   of
                   what
                   worth
                   soever
                   they
                   be
                   :
                   So
                   doth
                   it
                   fare
                   with
                   the
                   poore
                   people
                   ,
                   which
                   being
                   once
                   seasoned
                   with
                   the
                   old
                   dreggs
                   of
                   Papisme
                   ,
                   will
                   hardly
                   be
                   drawn
                   from
                   it
                   ,
                   till
                   the
                   Learning
                   of
                   the
                   true
                   Faith
                   be
                   growne
                   to
                   a
                   Custome
                   .
                   I
                   will
                   prescribe
                   no
                   order
                   nor
                   Officers
                   ,
                   to
                   effect
                   this
                   ;
                   but
                   I
                   suppose
                   that
                   the
                   antient
                   laudable
                   course
                   ,
                   by
                   the
                   Bishops
                   confirmation
                   ,
                   will
                   not
                   be
                   sufficient
                   to
                   fulfill
                   so
                   great
                   a
                   taske
                   ,
                   the
                   Minister
                   must
                   and
                   ought
                   to
                   be
                   the
                   Principall
                   and
                   immediate
                   hand
                   to
                   give
                   assistance
                   to
                   so
                   gracious
                   a
                   worke
                   ;
                   and
                   in
                   case
                   any
                   be
                   defective
                   in
                   their
                   duty
                   ,
                   the
                   Reverend
                   BISHOPS
                   may
                   take
                   notice
                   thereof
                   in
                   their
                   severall
                   Visitations
                   .
                
                 
                   Perhaps
                   it
                   will
                   be
                   thought
                   a
                   hard
                   task
                   to
                   constrain
                   old
                   people
                   to
                   learn
                   the
                   
                     A.
                     B.
                     C.
                  
                   of
                   their
                   Christian
                   beliefe
                   ,
                   
                   but
                   how
                   hard
                   soever
                   it
                   be
                   ,
                   I
                   hold
                   it
                   no
                   incivility
                   to
                   prepare
                   people
                   of
                   all
                   ages
                   for
                   the
                   Kingdome
                   of
                   Heaven
                   .
                   By
                   the
                   order
                   contained
                   in
                   the
                   Book
                   of
                   Common
                   Prayer
                   ,
                   on
                   Sundayes
                   and
                   Holy-dayes
                   ,
                   half
                   an
                   houre
                   before
                   evensong
                   the
                   Curate
                   of
                   every
                   parish
                   ought
                   to
                   examine
                   children
                   sent
                   unto
                   him
                   ,
                   in
                   some
                   points
                   of
                   the
                   Catechisme
                   ;
                   and
                   all
                   Fathers
                   ,
                   
                   Mothers
                   ,
                   Masters
                   and
                   Dames
                   ,
                   should
                   cause
                   their
                   Children
                   ,
                   Servants
                   ,
                   and
                   Prentises
                   ,
                   to
                   resort
                   unto
                   the
                   Church
                   at
                   the
                   time
                   appointed
                   ,
                   there
                   to
                   heare
                   and
                   be
                   obediently
                   ordered
                   ,
                   by
                   the
                   Curate
                   ,
                   untill
                   such
                   time
                   as
                   they
                   have
                   learnt
                   all
                   that
                   in
                   the
                   said
                   Booke
                   is
                   commanded
                   ,
                   and
                   when
                   the
                   Bishops
                   shall
                   appoint
                   the
                   Children
                   to
                   bee
                   brought
                   before
                   them
                   ,
                   for
                   their
                   Confirmation
                   ,
                   the
                   Curate
                   of
                   every
                   Parish
                   shall
                   send
                   or
                   bring
                   the
                   names
                   of
                   those
                   Children
                   of
                   his
                   Parish
                   which
                   can
                   answer
                   to
                   the
                   questions
                   of
                   the
                   Catechisme
                   ;
                   
                   and
                   there
                   ought
                   none
                   to
                   be
                   admitted
                   to
                   the
                   Holy
                   Communion
                   ,
                   untill
                   such
                   time
                   as
                   he
                   can
                   say
                   his
                   Catechisme
                   ,
                   and
                   bee
                   confirmed
                   ,
                   Many
                   times
                   I
                   have
                   stood
                   amazed
                   ,
                   to
                   behold
                   the
                   Magnificence
                   of
                   our
                   Ancestours
                   buildings
                   ,
                   which
                   their
                   Successours
                   at
                   this
                   day
                   are
                   not
                   able
                   to
                   keepe
                   up
                   ,
                   but
                   when
                   I
                   cast
                   mine
                   eyes
                   upon
                   this
                   excellent
                   Foundation
                   laid
                   by
                   the
                   Fathers
                   of
                   the
                   CHURCH
                   ,
                   and
                   perceive
                   their
                   Children
                   neglect
                   to
                   build
                   thereupon
                   ,
                   with
                   exceeding
                   marvell
                   ,
                   I
                   rest
                   almost
                   besides
                   my selfe
                   ,
                   for
                   never
                   was
                   there
                   better
                   ground-plot
                   layd
                   ,
                   which
                   hath
                   been
                   seconded
                   with
                   lesse
                   successe
                   :
                   It
                   was
                   not
                   the
                   Bull
                   of
                   
                     Pius
                     Quintus
                  
                   on
                   the
                   Bishop
                   of
                   Londons
                   Doores
                   ,
                   or
                   the
                   forbearing
                   to
                   hang
                   up
                   Priests
                   that
                   have
                   wrought
                   this
                   Apostacy
                   ,
                   but
                   the
                   Idleness
                   
                   and
                   insufficiency
                   of
                   many
                   teachers
                   ,
                   
                   conspiring
                   with
                   the
                   peoples
                   cold
                   zeale
                   ,
                   that
                   hath
                   beene
                   the
                   Contriver
                   of
                   this
                   Webb
                   .
                   Untill
                   the
                   eleventh
                   yeare
                   of
                   Queene
                   Elizabeths
                   Raigne
                   ,
                   a
                   Recusants
                   name
                   was
                   scarcely
                   knowne
                   ,
                   the
                   Reason
                   was
                   because
                   that
                   the
                   zeale
                   begotten
                   in
                   the
                   time
                   of
                   the
                   Marian
                   Persecution
                   was
                   yet
                   fresh
                   in
                   memory
                   ,
                   and
                   the
                   late
                   Persecutors
                   were
                   so
                   amazed
                   with
                   the
                   sudden
                   alteration
                   of
                   Religion
                   ;
                   that
                   they
                   could
                   not
                   chuse
                   but
                   say
                   ,
                   
                     Digitus
                     Dei
                     est
                     hic
                  
                   .
                   In
                   those
                   dayes
                   there
                   was
                   an
                   emulation
                   betweene
                   the
                   Clergy
                   and
                   the
                   Laity
                   ;
                   and
                   a
                   strife
                   arose
                   whether
                   of
                   them
                   should
                   shew
                   themselves
                   most
                   affectionate
                   to
                   the
                   Gospell
                   ;
                   
                   Ministers
                   haunted
                   the
                   Houses
                   of
                   worthiest
                   men
                   ,
                   where
                   Jesuits
                   now
                   build
                   their
                   Tabernacles
                   ;
                   and
                   poor
                   Countrey
                   Churches
                   were
                   frequented
                   with
                   the
                   best
                   of
                   the
                   Shire
                   ;
                   the
                   Word
                   of
                   God
                   was
                   precious
                   ,
                   Prayer
                   and
                   Preaching
                   went
                   hand
                   in
                   hand
                   together
                   ,
                   untill
                   Archbishop
                   Grindai●s
                   disgrace
                   ,
                   and
                   Hatefields
                   hard
                   conceipt
                   of
                   Prophecying
                   brought
                   the
                   flowing
                   of
                   those
                   good
                   graces
                   to
                   a
                   still
                   water
                   ;
                   the
                   name
                   of
                   a
                   Papist
                   smelt
                   ranck
                   even
                   in
                   their
                   owne
                   nostrills
                   ,
                   and
                   for
                   pure
                   shame
                   to
                   be
                   accompted
                   such
                   ,
                   they
                   resorted
                   duely
                   both
                   to
                   our
                   Churches
                   and
                   Exercises
                   ;
                   
                   but
                   when
                   they
                   saw
                   their
                   great
                   
                     Coriphaeus
                     Sanders
                  
                   had
                   slily
                   pinned
                   the
                   names
                   of
                   
                   Puritans
                   upon
                   the
                   sleeves
                   of
                   the
                   Protestants
                   that
                   encountered
                   them
                   with
                   most
                   courage
                   ,
                   and
                   perceived
                   that
                   the
                   Word
                   was
                   pleasing
                   to
                   some
                   of
                   our
                   own
                   side
                   ,
                   they
                   took
                   heart
                   at
                   grasse
                   ,
                   to
                   set
                   little
                   by
                   the
                   service
                   of
                   God
                   ,
                   and
                   duty
                   to
                   their
                   Soveraign
                   .
                
                 
                   Therewith
                   start
                   up
                   from
                   amongst
                   us
                   ,
                   
                   some
                   that
                   might
                   have
                   been
                   recommended
                   for
                   their
                   zeale
                   ,
                   if
                   it
                   had
                   been
                   tempered
                   with
                   discretion
                   ,
                   who
                   fore-running
                   the
                   Authority
                   of
                   the
                   Magistrate
                   ,
                   took
                   upon
                   them
                   in
                   sundry
                   places
                   and
                   publiquely
                   to
                   censure
                   whatsoever
                   agreed
                   not
                   with
                   their
                   private
                   conceipts
                   ,
                   with
                   which
                   grosse
                   humours
                   vented
                   in
                   Pulpits
                   and
                   Pamphlets
                   ,
                   most
                   men
                   grew
                   to
                   be
                   frozen
                   in
                   zeal
                   ,
                   and
                   in
                   such
                   sort
                   benummed
                   ,
                   that
                   whosoever
                   (
                   as
                   the
                   worthy
                   Lord
                   Keeper
                   Bacon
                   observed
                   ,
                   in
                   those
                   dayes
                   )
                   pretended
                   a
                   little
                   spark
                   of
                   earnestnesse
                   ,
                   
                   he
                   seemed
                   no
                   lesse
                   than
                   red
                   fire
                   hot
                   ,
                   in
                   comparison
                   of
                   the
                   other
                   .
                   And
                   as
                   some
                   fare
                   the
                   worse
                   for
                   an
                   ill
                   neighbours
                   sake
                   ,
                   dwelling
                   beside
                   them
                   ,
                   so
                   did
                   it
                   betide
                   the
                   Protestants
                   ,
                   who
                   seeking
                   to
                   curbe
                   the
                   Papists
                   ,
                   or
                   reprove
                   an
                   idle
                   drone
                   ,
                   were
                   incontinently
                   branded
                   with
                   the
                   ignominious
                   note
                   of
                   Precisian
                   ,
                   all
                   vvhich
                   vvind
                   brought
                   plenty
                   of
                   vvater
                   to
                   the
                   Popes
                   Mill
                   ,
                   and
                   there
                   vvill
                   most
                   men
                   grinde
                   vvhere
                   they
                   see
                   apparance
                   to
                   be
                   vvell
                   served
                   .
                
              
               
                 
                 
                   XII
                   .
                
                 
                   If
                   without
                   great
                   inconveniency
                   ,
                   
                   the
                   Children
                   of
                   the
                   Papists
                   could
                   be
                   brought
                   up
                   out
                   of
                   their
                   Company
                   ,
                   it
                   were
                   a
                   happy
                   turn
                   ,
                   but
                   I
                   finde
                   it
                   to
                   be
                   full
                   of
                   difficulty
                   ;
                   there
                   is
                   provision
                   made
                   to
                   avoid
                   Popish
                   School-masters
                   ,
                   but
                   there
                   is
                   no
                   word
                   against
                   Popish
                   School-mistresses
                   ,
                   that
                   infect
                   the
                   silly
                   Infants
                   while
                   they
                   carry
                   them
                   in
                   their
                   arms
                   ;
                   
                   which
                   moveth
                   me
                   to
                   suppose
                   that
                   the
                   former
                   proposition
                   to
                   examine
                   how
                   Children
                   and
                   servants
                   are
                   brought
                   up
                   ,
                   and
                   truely
                   to
                   certifie
                   the
                   list
                   of
                   the
                   Communicants
                   and
                   Recusants
                   ,
                   will
                   be
                   the
                   readiest
                   means
                   to
                   let
                   his
                   Majesty
                   know
                   the
                   yearly
                   increase
                   or
                   decrease
                   of
                   the
                   Church
                   in
                   every
                   Diocesse
                   .
                   And
                   whosoever
                   shall
                   send
                   his
                   Children
                   ,
                   or
                   any
                   of
                   his
                   Majesties
                   Subjects
                   to
                   be
                   placed
                   in
                   Monasteries
                   or
                   Seminary
                   Colleges
                   ,
                   or
                   Popishly
                   to
                   be
                   brought
                   up
                   in
                   forraign
                   parts
                   ,
                   I
                   think
                   that
                   for
                   punishment
                   both
                   one
                   and
                   the
                   other
                   worthily
                   might
                   be
                   diffranchised
                   of
                   the
                   priviledge
                   due
                   to
                   English
                   men
                   ,
                   so
                   farre
                   forth
                   as
                   any
                   good
                   by
                   the
                   Laws
                   may
                   descend
                   to
                   them
                   ,
                   but
                   not
                   to
                   be
                   exempted
                   from
                   the
                   Penalties
                   thereof
                   in
                   the
                   regall
                   jurisdiction
                   of
                   the
                   Crowne
                   .
                   I
                   know
                   well
                   that
                   contradiction
                   is
                   odious
                   ,
                   and
                   makes
                   a
                   man
                   seem
                   ambitious
                   to
                   be
                   though
                   tmore
                   understanding
                   than
                   others
                   ,
                   
                   in
                   which
                   case
                   the
                   Spaniard
                   useth
                   only
                   to
                   〈◊〉
                   me
                   〈◊〉
                   presumptuous
                   ,
                   whom
                   he
                   
                   would
                   call
                   foole
                   ,
                   if
                   civility
                   would
                   bear
                   it
                   ;
                   but
                   in
                   my
                   defence
                   ,
                   I
                   hope
                   it
                   shall
                   suffice
                   againe
                   to
                   revive
                   my
                   former
                   protestation
                   ,
                   that
                   I
                   discourse
                   by
                   the
                   way
                   of
                   Proposition
                   ,
                   rather
                   than
                   arrogantly
                   of
                   defining
                   any
                   thing
                   ,
                   
                   with
                   pardon
                   therefore
                   may
                   I
                   bee
                   permitted
                   to
                   say
                   ,
                   that
                   the
                   first
                   easie
                   Law
                   of
                   twelve
                   pence
                   ,
                   inflicted
                   on
                   him
                   that
                   could
                   not
                   give
                   a
                   reasonable
                   excuse
                   for
                   his
                   absence
                   from
                   Church
                   on
                   Sundayes
                   ,
                   was
                   one
                   of
                   the
                   best
                   ordinances
                   that
                   hath
                   hitherto
                   been
                   enacted
                   ;
                   but
                   while
                   we
                   sought
                   to
                   make
                   new
                   Statutes
                   ,
                   savouring
                   of
                   more
                   severity
                   ,
                   we
                   neglected
                   the
                   old
                   ,
                   and
                   were
                   loath
                   to
                   execute
                   the
                   new
                   ,
                   for
                   it
                   is
                   a
                   certaine
                   rule
                   ,
                   that
                   whosoever
                   in
                   policy
                   will
                   give
                   liberty
                   ,
                   and
                   yet
                   seem
                   to
                   suppresse
                   a
                   crime
                   ,
                   
                   let
                   him
                   procure
                   sharpe
                   Lawes
                   to
                   be
                   proclaimed
                   ,
                   which
                   are
                   necessary
                   only
                   for
                   some
                   times
                   ,
                   and
                   rare
                   occasions
                   ,
                   to
                   be
                   put
                   in
                   execution
                   ,
                   but
                   not
                   to
                   be
                   an
                   ordinary
                   worke
                   for
                   every
                   day
                   of
                   the
                   weeke
                   ;
                   daily
                   use
                   likewise
                   teacheth
                   us
                   ,
                   that
                   it
                   is
                   lesse
                   grievous
                   to
                   punish
                   by
                   an
                   old
                   Lawe
                   than
                   by
                   a
                   new
                   ,
                   for
                   so
                   much
                   as
                   truth
                   it selfe
                   seldome
                   gets
                   credit
                   without
                   proof
                   ,
                   and
                   it
                   is
                   hard
                   to
                   free
                   the
                   people
                   of
                   suspition
                   ,
                   that
                   new
                   Lawes
                   are
                   not
                   rather
                   invented
                   against
                   the
                   particular
                   persons
                   and
                   purses
                   of
                   men
                   ,
                   than
                   against
                   their
                   corrupt
                   manners
                   ;
                   by
                   force
                   of
                   which
                   reason
                   I
                   am
                   induced
                   to
                   conceive
                   ,
                   
                   that
                   the
                   old
                   use
                   of
                   the
                   Church
                   contained
                   in
                   good
                   nurture
                   ,
                   
                   and
                   Ecclesiasticall
                   censures
                   ,
                   will
                   much
                   more
                   prevaile
                   to
                   muzzle
                   Popery
                   ,
                   than
                   any
                   fresh
                   devises
                   whatsoever
                   ;
                   neither
                   do
                   I
                   thinke
                   it
                   blame-worthy
                   to
                   affirme
                   ,
                   that
                   our
                   Cause
                   hath
                   taken
                   harme
                   by
                   relying
                   more
                   on
                   the
                   temporall
                   than
                   the
                   spirituall
                   Armes
                   ,
                   for
                   while
                   we
                   trusted
                   that
                   capitall
                   punishments
                   should
                   strike
                   the
                   stroke
                   ,
                   we
                   have
                   neglected
                   the
                   means
                   which
                   would
                   for
                   the
                   most
                   part
                   have
                   discharged
                   the
                   need
                   of
                   such
                   severity
                   ;
                   the
                   Oath
                   of
                   Allegiance
                   is
                   not
                   offered
                   generally
                   to
                   servants
                   and
                   mean
                   people
                   ,
                   who
                   if
                   they
                   had
                   taken
                   the
                   Oath
                   ,
                   by
                   absolution
                   of
                   a
                   Priest
                   might
                   recoyle
                   from
                   it
                   ,
                   or
                   change
                   their
                   opinion
                   at
                   leasure
                   ,
                   without
                   any
                   ready
                   meanes
                   to
                   discover
                   their
                   Legerdemaine
                   ,
                   that
                   Oath
                   I
                   feare
                   will
                   not
                   be
                   often
                   pressed
                   ,
                   and
                   to
                   them
                   that
                   shift
                   from
                   place
                   to
                   place
                   ,
                   how
                   can
                   it
                   be
                   tendred
                   ?
                   the
                   principall
                   Papists
                   now
                   cover
                   themselves
                   in
                   the
                   crowd
                   of
                   the
                   multitude
                   ,
                   but
                   if
                   we
                   can
                   discover
                   the
                   affection
                   of
                   the
                   multitude
                   they
                   will
                   easily
                   be
                   unmarked
                   ,
                   
                   and
                   being
                   singled
                   out
                   rest
                   ashamed
                   of
                   their
                   nakedness
                   (
                   which
                   under
                   correction
                   of
                   better
                   judgement
                   )
                   may
                   be
                   effected
                   ,
                   if
                   every
                   new
                   commer
                   to
                   inhabit
                   in
                   a
                   Town
                   ,
                   and
                   servants
                   newly
                   entertained
                   ,
                   within
                   a
                   week
                   or
                   fourteen
                   dayes
                   ,
                   be
                   caused
                   to
                   repaire
                   to
                   the
                   Minister
                   ,
                   there
                   in
                   presence
                   
                   of
                   the
                   Church-wardens
                   and
                   other
                   honest
                   men
                   ,
                   to
                   subscribe
                   unto
                   such
                   briefe
                   and
                   substantiall
                   Articles
                   concerning
                   faith
                   and
                   allegiance
                   as
                   shall
                   be
                   according
                   to
                   Gods
                   word
                   and
                   justice
                   ordained
                   to
                   distinguish
                   the
                   sheep
                   from
                   the
                   Goats
                   ;
                   in
                   forrain
                   Countreys
                   every
                   host
                   is
                   bound
                   to
                   bring
                   his
                   guest
                   before
                   an
                   Officer
                   ,
                   there
                   to
                   certifie
                   his
                   name
                   ,
                   with
                   the
                   occasion
                   of
                   his
                   Comming
                   ,
                   and
                   intended
                   time
                   of
                   aboade
                   in
                   those
                   parts
                   ,
                   and
                   in
                   case
                   he
                   stay
                   longer
                   ,
                   he
                   must
                   again
                   renew
                   his
                   licence
                   ;
                   so
                   curious
                   and
                   vigilant
                   are
                   they
                   also
                   to
                   keep
                   their
                   Cities
                   from
                   infection
                   ,
                   
                   that
                   without
                   a
                   Certificate
                   witnessing
                   their
                   comming
                   from
                   wholsome
                   places
                   ,
                   they
                   may
                   not
                   escape
                   the
                   Lazaretto
                   ;
                   no
                   lesse
                   ought
                   we
                   to
                   be
                   watchful
                   to
                   prevent
                   the
                   contagion
                   of
                   our
                   Souls
                   ,
                   than
                   the
                   other
                   Nations
                   are
                   of
                   their
                   bodies
                   .
                   Every
                   thing
                   is
                   hard
                   and
                   scarcely
                   pleasing
                   in
                   the
                   beginning
                   ,
                   but
                   with
                   time
                   some
                   such
                   course
                   may
                   be
                   readily
                   put
                   in
                   execution
                   ,
                   which
                   I
                   propound
                   rather
                   as
                   matter
                   for
                   betterheads
                   to
                   work
                   on
                   ,
                   than
                   peremptorily
                   to
                   be
                   insisted
                   on
                   in
                   the
                   same
                   termes
                   ;
                   but
                   lest
                   any
                   charge
                   me
                   with
                   temerity
                   ,
                   that
                   where
                   I
                   desire
                   to
                   know
                   the
                   multitudes
                   inclination
                   ,
                   by
                   the
                   means
                   aforesaid
                   ,
                   I
                   satisfie
                   my self
                   with
                   their
                   Parrats
                   language
                   ,
                   pronouncing
                   it
                   knows
                   not
                   what
                   ,
                   I
                   think
                   it
                   not
                   impertinent
                   to
                   put
                   them
                   in
                   mind
                   ,
                   that
                   heretofore
                   I
                   have
                   required
                   instruction
                   ,
                   both
                   
                   precedent
                   and
                   subsequent
                   ,
                   
                   and
                   am
                   ever
                   of
                   the
                   mind
                   ,
                   that
                   though
                   all
                   this
                   cannot
                   be
                   done
                   at
                   once
                   ,
                   yet
                   it
                   is
                   necessary
                   alwayes
                   to
                   be
                   doing
                   our
                   best
                   ;
                   knowing
                   ,
                   that
                   not
                   to
                   go
                   forward
                   in
                   Religion
                   ,
                   is
                   the
                   ready
                   way
                   to
                   go
                   backwards
                   ;
                   it
                   is
                   not
                   the
                   outward
                   obedience
                   of
                   comming
                   to
                   Church
                   ,
                   that
                   discovers
                   the
                   inward
                   thought
                   of
                   the
                   heart
                   ,
                   it
                   is
                   the
                   confession
                   of
                   the
                   tongue
                   that
                   must
                   utter
                   those
                   secrets
                   ,
                   and
                   where
                   the
                   Curates
                   are
                   insufficient
                   ,
                   or
                   the
                   Parish
                   great
                   ,
                   I
                   wish
                   they
                   had
                   Catechists
                   to
                   assist
                   them
                   ,
                   maintained
                   by
                   the
                   purses
                   of
                   the
                   Recusants
                   ,
                   which
                   pension
                   being
                   collected
                   for
                   Gods
                   cause
                   ,
                   will
                   free
                   us
                   of
                   scandall
                   ,
                   though
                   it
                   grieved
                   them
                   to
                   pay
                   the
                   spirituall
                   Army
                   waged
                   against
                   their
                   owne
                   stratagems
                   ;
                   surely
                   by
                   giving
                   them
                   way
                   in
                   petty
                   matters
                   ,
                   they
                   are
                   grown
                   to
                   be
                   very
                   masterfull
                   in
                   their
                   party
                   .
                   Plato
                   affirmeth
                   that
                   the
                   popular
                   State
                   proceeded
                   from
                   the
                   Licence
                   which
                   the
                   people
                   took
                   to
                   make
                   immoderate
                   applauses
                   in
                   the
                   Theaters
                   ,
                   when
                   as
                   by
                   arrogating
                   that
                   immunity
                   without
                   controllment
                   ,
                   in
                   presence
                   of
                   their
                   Governours
                   ,
                   and
                   perceiving
                   the
                   Nobility
                   to
                   joyn
                   with
                   them
                   in
                   the
                   same
                   passions
                   ,
                   they
                   thought
                   their
                   heads
                   as
                   worthy
                   to
                   governe
                   ,
                   as
                   any
                   of
                   those
                   were
                   made
                   out
                   of
                   the
                   same
                   mould
                   :
                   In
                   like
                   manner
                   while
                   we
                   suffer
                   ignorance
                   openly
                   to
                   maintain
                   such
                   petty
                   glimps
                   of
                   Popery
                   as
                   are
                   thought
                   to
                   be
                   searce
                   worthy
                   
                   to
                   be
                   looked
                   at
                   ,
                   
                   in
                   small
                   matters
                   run
                   an
                   indifferent
                   course
                   ,
                   which
                   neither
                   makes
                   sure
                   friends
                   nor
                   feeble
                   foes
                   ,
                   unawares
                   they
                   take
                   the
                   Bridle
                   from
                   us
                   ,
                   and
                   eat
                   out
                   Religion
                   ,
                   as
                   it
                   were
                   by
                   an
                   insensible
                   Gangrena
                   :
                   
                     
                       Principiis
                       obsta
                       ,
                       sero
                       medicina
                       paratur
                    
                     
                       Cum
                       mala
                       per-longas
                       invaluere
                       moras
                       .
                    
                  
                   For
                   by
                   sufferance
                   of
                   breaking
                   small
                   laws
                   people
                   are
                   boldned
                   to
                   set
                   the
                   greater
                   at
                   nought
                   .
                
                 
                   To
                   comprehend
                   all
                   things
                   in
                   a
                   Law
                   which
                   arc
                   necessary
                   to
                   the
                   reformation
                   ,
                   I
                   neither
                   hold
                   it
                   profitable
                   nor
                   expedient
                   ,
                   yet
                   it
                   is
                   discretion
                   to
                   provide
                   for
                   the
                   most
                   important
                   ,
                   smaller
                   matters
                   whereof
                   the
                   Lawes
                   speak
                   not
                   are
                   to
                   be
                   commended
                   to
                   the
                   discretion
                   of
                   Parents
                   ,
                   Ministers
                   and
                   other
                   Reverend
                   persons
                   ,
                   who
                   by
                   example
                   and
                   advice
                   may
                   prepare
                   younglings
                   by
                   education
                   and
                   Custom
                   to
                   obey
                   the
                   Laws
                   ,
                   especially
                   such
                   as
                   are
                   in
                   high
                   place
                   ought
                   in
                   this
                   behalf
                   to
                   be
                   like
                   Caesars
                   wife
                   ,
                   
                     Non
                     ,
                     solum
                     Crimine
                  
                   ,
                   
                   
                     sed
                     etiam
                     Criminis
                     suspitione
                     vacare
                  
                   ,
                   and
                   with
                   such
                   circumspection
                   to
                   behave
                   themselves
                   ,
                   that
                   the
                   world
                   may
                   conceive
                   ,
                   in
                   requiring
                   obedience
                   to
                   God
                   ,
                   and
                   their
                   Soveraign
                   ,
                   
                   that
                   they
                   hold
                   the
                   multitude
                   rather
                   for
                   companions
                   than
                   slaves
                   ;
                   If
                   great
                   men
                   take
                   another
                   way
                   ,
                   they
                   may
                   seduce
                   many
                   by
                   example
                   ,
                   though
                   by
                   words
                   they
                   expresse
                   not
                   their
                   concealed
                   opinions
                   ,
                   
                     T●ce
                     &
                     leq●re
                  
                   said
                   God
                   to
                   
                   Moses
                   ,
                   it
                   is
                   the
                   speech
                   of
                   the
                   heart
                   ,
                   which
                   utters
                   more
                   than
                   letters
                   ,
                   or
                   sillables
                   .
                   And
                   in
                   our
                   common
                   Lawes
                   it
                   is
                   held
                   maintainance
                   ,
                   when
                   a
                   great
                   person
                   onely
                   by
                   his
                   presence
                   countenanceth
                   a
                   cause
                   ;
                   neither
                   let
                   us
                   secure
                   our selves
                   with
                   this
                   argument
                   ,
                   The
                   Papists
                   are
                   pliable
                   in
                   small
                   matters
                   ,
                   Ergo
                   ,
                   they
                   will
                   yeeld
                   in
                   greater
                   ;
                   And
                   because
                   they
                   took
                   no
                   Arms
                   in
                   88.
                   therefore
                   it
                   were
                   needlesse
                   curiosity
                   to
                   suspect
                   them
                   now
                   :
                   for
                   who
                   knowes
                   not
                   that
                   small
                   baits
                   are
                   used
                   to
                   take
                   the
                   greatest
                   Fish
                   ,
                   
                     Vt
                     cum
                     esca
                     una
                     etiam
                     hamus
                     devoretur
                     .
                  
                   Warinesse
                   is
                   the
                   sinews
                   of
                   wisdome
                   ,
                   and
                   nothing
                   is
                   more
                   dangerous
                   than
                   to
                   be
                   secure
                   in
                   matters
                   of
                   State.
                   
                   Therefore
                   for
                   the
                   Laws
                   already
                   made
                   ,
                   I
                   wish
                   that
                   the
                   most
                   effectuall
                   of
                   them
                   which
                   least
                   concern
                   life
                   ,
                   may
                   be
                   executed
                   ;
                   for
                   better
                   it
                   were
                   not
                   to
                   make
                   them
                   ,
                   than
                   by
                   neglect
                   to
                   set
                   them
                   at
                   liberty
                   :
                   Seeing
                   that
                   many
                   offences
                   there
                   are
                   which
                   men
                   would
                   abstain
                   from
                   ,
                   if
                   they
                   were
                   not
                   forbidden
                   ,
                   but
                   when
                   a
                   strict
                   Commandement
                   is
                   avoided
                   without
                   punishment
                   ,
                   thereout
                   springs
                   an
                   unbridled
                   license
                   and
                   hardly
                   to
                   be
                   reformed
                   by
                   any
                   rigour
                   .
                
                 
                   To
                   conclude
                   ,
                   I
                   say
                   freely
                   ,
                   that
                   whoso
                   endeth
                   his
                   dayes
                   by
                   a
                   naturall
                   death
                   ,
                   he
                   shall
                   be
                   subject
                   to
                   many
                   mens
                   dooms
                   for
                   every
                   particular
                   offence
                   ;
                   But
                   when
                   for
                   Religions
                   sake
                   a
                   man
                   triumpheth
                   
                   over
                   the
                   sword
                   ,
                   that
                   one
                   eminent
                   Vertue
                   razeth
                   out
                   the
                   memory
                   of
                   other
                   errours
                   ,
                   and
                   placeth
                   him
                   that
                   so
                   dieth
                   in
                   Paradise
                   ,
                   
                   (
                   if
                   common
                   opinion
                   may
                   be
                   lawfully
                   vouched
                   )
                   vvhich
                   glory
                   having
                   many
                   followers
                   and
                   admirers
                   ,
                   maketh
                   even
                   dull
                   spirits
                   to
                   affect
                   their
                   footsteps
                   ,
                   and
                   to
                   sell
                   their
                   lives
                   for
                   the
                   maintenance
                   of
                   the
                   same
                   cause
                   .
                   I
                   need
                   not
                   Envy
                   the
                   name
                   of
                   a
                   Martyr
                   to
                   the
                   Jesuite
                   ;
                   for
                   his
                   cause
                   if
                   it
                   be
                   rightly
                   vveighed
                   ,
                   will
                   blanch
                   that
                   title
                   ;
                   but
                   I
                   desire
                   to
                   have
                   all
                   those
                   Lineaments
                   defaced
                   ,
                   vvhich
                   may
                   compound
                   that
                   counterfeit
                   Image
                   ;
                   in
                   prosecuting
                   of
                   vvhich
                   purpose
                   ,
                   if
                   I
                   have
                   failed
                   in
                   my
                   advice
                   ,
                   and
                   by
                   confused
                   handling
                   ,
                   intricated
                   the
                   question
                   ,
                   I
                   humbly
                   request
                   ,
                   that
                   a
                   vvise
                   mans
                   verdict
                   may
                   mitigate
                   the
                   heavinesse
                   of
                   the
                   censure
                   .
                
                 
                   It
                   is
                   neither
                   good
                   to
                   praise
                   bad
                   Counsels
                   ,
                   
                   because
                   of
                   their
                   good
                   successe
                   ,
                   nor
                   to
                   condemn
                   good
                   Counsels
                   ,
                   if
                   the
                   event
                   prove
                   not
                   Fortunate
                   ,
                   lest
                   many
                   be
                   animated
                   to
                   advise
                   rashly
                   ,
                   and
                   others
                   disheartned
                   to
                   Counsell
                   gravely
                   .
                
                 
                   
                     Illi
                     mors
                     gravis
                     incubat
                     qui
                     notus
                     nimis
                     omnibus
                     ignotus
                     moritur
                     sibi
                     .
                  
                
                 
                   
                     
                       August
                       11.
                       
                       Anno
                       Domini
                       1613.
                       
                    
                  
                
              
            
          
        
         
      
       
         
           
             
             
             
               THE
               MANNER
               AND
               MEANES
               HOW
               THE
               KINGS
               ENGLAND
               
                 Have
                 from
                 time
                 to
                 time
              
               SUPPORTED
               
                 And
                 repaired
                 their
              
               ESTATES
               .
            
             
               Written
               by
               Sir
               ROB.
               COTTON
               Knight
               and
               Barronet
               ,
               
                 Anno
                 nono
                 Jacobi
                 Regis
                 Annoque
                 Domini
              
               1609.
               
            
             
               LONDON
               :
               Printed
               in
               the
               Year
               1672.
               
            
          
        
         
           
             
             
             
               The
               Manner
               and
               Means
               how
               the
               KINGS
               OF
               ENGLAND
               Have
               from
               time
               to
               time
               SVPPORTED
               AND
               REPAIRED
               THEIR
               ESTATES
               .
            
             
               THe
               Kings
               of
               England
               have
               supported
               and
               repaired
               their
               Estates
               ,
            
             
               First
               ,
               by
               an
               Annual
               proportioning
               their
               Issues
               ,
               and
               Expences
               ,
               with
               their
               certain
               and
               Casual
               Revenues
               .
            
             
               And
               that
               either
               by
               
                 
                   Advice
                   of
                   their
                   
                     PRIVIE
                     COVNCEL
                     ,
                     or
                  
                
                 
                   by
                   
                     PARLIAMENT
                     ▪
                  
                
              
            
             
             
               Secondly
               ,
               by
               abating
               and
               reforming
               the
               Excess
               of
               houshold
               ,
               &c.
               
            
             
               Thirdly
               ,
               by
               raising
               of
               Money
               ,
               and
               improving
               the
               Revenues
               of
               the
               Crown
               .
            
             
               First
               ,
               for
               proportioning
               of
               the
               Issues
               ,
               &c.
               
            
             
               
                 Henry
                 4.
                 
                 Anno
              
               12.
               
               When
               the
               Revenue
               and
               profits
               of
               the
               Kingdome
               ,
               
               together
               with
               the
               Subsidy
               of
               Wool
               ,
               and
               Tenth
               of
               the
               C
               lLergie
               ,
               amounted
               to
               no
               more
               then
               48000l
               .
               of
               which
               24000
               marks
               were
               alotted
               for
               expence
               of
               House
               ;
               most
               of
               the
               rest
               to
               the
               Guard
               of
               the
               Sea
               ,
               and
               defence
               of
               this
               Kingdome
               ,
               the
               Realme
               of
               Ireland
               ,
               and
               Dominions
               in
               France
               :
               In
               this
               estimate
               the
               profits
               by
               Wards
               and
               Marriage
               ,
               was
               but
               1000
               l.
               And
               then
               an
               Ordinance
               was
               made
               by
               the
               King
               ,
               Prince
               ,
               and
               all
               His
               Counsel
               there
               named
               in
               the
               Roll.
               
            
             
               The
               like
               was
               Anno
               11.
               when
               for
               the
               charge
               of
               house
               was
               appointed
               16000
               l.
               and
               7000l
               .
               to
               the
               City
               of
               London
               ,
               in
               discharge
               of
               the
               Kings
               debt
               to
               them
               .
            
             
               Henry
               5
               ,
               
               Anno
               2.
               did
               the
               like
               as
               his
               Father
               ,
               entring
               upon
               the
               Roll
               as
               an
               Ordinance
               in
               future
               ,
               that
               the
               Treasurer
               of
               England
               ,
               or
               the
               Exchequer
               shall
               Annually
               make
               declaration
               of
               the
               state
               of
               their
               Office
               ,
               and
               the
               Revenue
               of
               the
               Realme
               ,
               together
               with
               the
               charge
               of
               the
               Kings
               House
               ,
               Chamber
               ,
               Wardrobe
               ,
               Garrisons
               ,
               Navy
               ,
               and
               Debts
               .
            
             
               
                 Anno
                 3.
                 
                 Henry
              
               5.
               the
               like
               Assignments
               
               were
               made
               proportionable
               to
               the
               Revenue
               which
               in
               the
               great
               Custome
               of
               Woolls
               ,
               
               the
               petty
               Custome
               ,
               Tunnage
               and
               Poundage
               ,
               revenue
               of
               Wales
               ,
               and
               the
               Dutchie
               of
               Cornwall
               ,
               the
               Hamper
               ,
               the
               accounts
               of
               Sheriffs
               ,
               Escheators
               ,
               the
               Exchange
               of
               Bullion
               ,
               and
               the
               benefit
               of
               Wards
               and
               Marriage
               (
               then
               rated
               at
               but
               one
               thousand
               marks
               apiece
               )
               rose
               not
               to
               above
               56966.
               l.
               And
               being
               at
               such
               time
               as
               he
               undertook
               the
               Conquest
               of
               France
               .
            
             
               Anno
               9.
               
               
               Henry
               5.
               the
               revenue
               of
               the
               Kingdome
               amounting
               to
               55743.
               l.
               10.
               s.
               10.
               d.
               was
               so
               by
               the
               King
               with
               advise
               of
               his
               Counsel
               ordered
               ,
               as
               before
               .
            
             
               And
               by
               this
               Record
               it
               appeareth
               ,
               that
               that
               Clerks
               of
               the
               Navy
               ,
               and
               not
               the
               Treasurer
               was
               the
               Officer
               only
               for
               that
               place
               .
            
             
               
                 Henry
                 6.
                 anno
              
               .
               12.
               in
               Parliament
               ,
               
               Cromwell
               then
               Treasurer
               ,
               delivering
               up
               an
               Account
               of
               the
               Exitus
               and
               introitus
               of
               the
               Exchequer
               ,
               setled
               the
               Estate
               of
               his
               expence
               ,
               of
               which
               there
               was
               allowed
               for
               his
               house
               16978.
               l.
               and
               to
               his
               Chamber
               and
               Wardrobe
               2000
               l.
               The
               rest
               to
               defray
               the
               debts
               and
               necessary
               occasions
               of
               the
               State.
               
            
             
               
                 Queen
                 Elizabeth
                 anno
              
               12.
               
               
               At
               which
               time
               besides
               the
               Wards
               and
               Dutchy
               of
               Lancaster
               the
               profit
               of
               the
               Kingdome
               was
               188197.
               
               l.
               4.
               s.
               the
               payments
               and
               assignments
               110612.
               l.
               13.
               s.
               of
               which
               the
               Houshold
               was
               40000.
               l.
               privy
               Purse
               2000.l
               .
               Admiralty
               30000.
               l.
               which
               by
               an
               estimate
               1.
               
               
                 May
                 ,
                 anno
              
               1604.
               was
               40000.
               l.
               And
               is
               now
               
               swolne
               to
               near
               50000l
               .
               yearly
               by
               the
               errour
               and
               abuse
               of
               Officers
               .
            
             
               SEcondly
               ,
               by
               abating
               and
               reforming
               the
               Excess
               ,
            
             
               1.
               
               Of
               Houshold
               .
            
             
               2.
               
               Of
               Retinue
               and
               Favorites
               .
            
             
               3.
               
               Of
               Gifts
               and
               Rewards
               .
            
             
               First
               ,
               for
               abating
               and
               reforming
               the
               Excess
               of
               Houshold
               ,
               either
               ,
               by
               
                 
                   Parliament
                   or
                
                 
                   Councel
                   Table
                   .
                
              
            
             
               
                 1.
                 
                 By
                 Parliament
                 .
              
               
                 Anno
                 3.
                 
                 
                 
                   Edward
                   2.
                
                 
                 An
                 Ordinance
                 was
                 made
                 
                   prohospitio
                   Regis
                
                 ,
                 in
                 ease
                 of
                 the
                 people
                 oppressed
                 with
                 Purveyance
                 by
                 reason
                 of
                 the
                 greatness
                 thereof
                 ;
                 and
                 the
                 motive
                 of
                 that
                 ordination
                 was
                 ,
                 
                   A
                   l'honneur
                   de
                   Dieu
                   ,
                   et
                   a
                   honneur
                   ,
                   et
                   profit
                   de
                   sainct
                   Eglise
                   ,
                   et
                   a
                   l'honn●ur
                   de
                   Roy
                   et
                   a
                   son
                   profit
                   ,
                
                 
                 
                   et
                   au
                   profit
                   de
                   son
                   peuple
                   ,
                   selon
                   droit
                   et
                   resonel
                   serment
                   que
                   le
                   dist
                   nostre
                   Signeur
                   le
                   Roy
                   fist
                   a
                   son
                   Coronement
                   .
                
                 And
                 about
                 this
                 time
                 was
                 the
                 King's
                 house
                 new
                 formed
                 ,
                 and
                 every
                 Officer
                 limited
                 his
                 charge
                 and
                 salary
                 .
              
               
                 Anno
                 36.
                 
                 
                 Edward
                 3.
                 the
                 houshold
                 was
                 reformed
                 at
                 the
                 petition
                 of
                 the
                 People
                 .
              
               
                 
                   Anno
                   primo
                   Richard
                   2.
                
                 the
                 houshold
                 was
                 brought
                 to
                 such
                 moderation
                 of
                 expence
                 ,
                 as
                 may
                 be
                 answerable
                 to
                 the
                 revenues
                 of
                 the
                 
                 Crown
                 .
                 
                 And
                 a
                 Commission
                 granted
                 at
                 the
                 Petition
                 of
                 the
                 Commons
                 to
                 survey
                 and
                 abate
                 the
                 houshold
                 ;
                 which
                 not
                 taking
                 desired
                 effect
                 ,
                 Anno
                 5.
                 the
                 Commons
                 petition
                 that
                 the
                 excessive
                 number
                 of
                 menial
                 servants
                 may
                 be
                 remedied
                 ,
                 or
                 otherwise
                 the
                 Realm
                 will
                 be
                 utterly
                 undone
                 ,
                 and
                 that
                 his
                 houshold
                 might
                 not
                 exceed
                 the
                 ordinary
                 revenues
                 of
                 the
                 Realm
                 .
              
               
                 Anno
                 4.
                 
                 
                 Henry
                 4.
                 
                 The
                 People
                 crave
                 a
                 reformation
                 of
                 the
                 Kings
                 house
                 .
                 And
                 Anno
                 7.
                 that
                 he
                 would
                 dismiss
                 some
                 number
                 of
                 the
                 retinue
                 ;
                 since
                 it
                 was
                 now
                 more
                 chargeable
                 ,
                 but
                 less
                 honourable
                 then
                 his
                 progenitors
                 ;
                 and
                 that
                 the
                 Antient
                 Ordinances
                 of
                 the
                 houshold
                 ,
                 in
                 ease
                 of
                 the
                 people
                 might
                 be
                 kept
                 ,
                 and
                 the
                 Officers
                 of
                 the
                 houshold
                 sworn
                 to
                 put
                 the
                 ordinances
                 and
                 statutes
                 in
                 due
                 execution
                 ,
                 and
                 so
                 consider
                 the
                 just
                 greifs
                 of
                 his
                 subjects
                 by
                 unjust
                 Purveyance
                 contrary
                 to
                 the
                 statute
                 .
                 That
                 hereafter
                 
                   vous
                   poiez
                   vivre
                   le
                   voz
                   biens
                   propres
                   en
                   ease
                   de
                   vostre
                   peuple
                   ,
                
                 
                 which
                 the
                 King
                 willingly
                 doth
                 ,
                 as
                 appeareth
                 by
                 an
                 ordination
                 in
                 Councel
                 ,
                 whereby
                 the
                 charge
                 of
                 the
                 houshold
                 is
                 limited
                 to
                 16000
                 Markes
                 .
              
               
                 Annis
                 12.
                 
                 
                 &
                 18.
                 
                 Henry
                 6.
                 
                 The
                 charge
                 of
                 the
                 Kings
                 house
                 is
                 reduced
                 to
                 a
                 certainty
                 ,
                 and
                 lessened
                 by
                 petition
                 and
                 order
                 in
                 Parliament
                 .
              
               
                 Anno
                 12.
                 
                 
                 Edward
                 4.
                 
                 The
                 King
                 promiseth
                 to
                 abate
                 his
                 houshold
                 ,
                 and
                 hereafter
                 to
                 live
                 upon
                 his
                 own
                 :
                 So
                 setling
                 a
                 new
                 forms
                 
                 his
                 Court
                 which
                 is
                 extant
                 in
                 many
                 hands
                 ,
                 
                 intuled
                 ,
                 
                   Ordinations
                   for
                   the
                   Kings
                   house
                
                 .
              
               
                 And
                 to
                 ease
                 the
                 charge
                 of
                 the
                 Kings
                 house
                 ,
                 the
                 Queens
                 have
                 allowed
                 a
                 portion
                 of
                 their
                 joynture
                 suting
                 to
                 their
                 own
                 expence
                 to
                 the
                 Treasurer
                 of
                 the
                 houshold
                 .
                 
                 Thus
                 did
                 Philip
                 the
                 wife
                 of
                 Edward
                 3.
                 and
                 likewise
                 Henry
                 4.
                 wife
                 anno
                 7.
                 
                 And
                 Henry
                 6.
                 wife
                 allowed
                 2000.
                 l.
                 a
                 year
                 out
                 of
                 her
                 Estate
                 .
              
            
             
               
                 2.
                 
                 Excess
                 of
                 the
                 houshold
                 abated
                 and
                 reformed
                 by
                 the
                 Councel-Table
                 .
              
               
                 Edward
                 2.
                 
                 caused
                 his
                 houshold
                 to
                 be
                 certain
                 in
                 allowances
                 ,
                 making
                 thereof
                 a
                 book
                 by
                 way
                 of
                 ordinance
                 ,
                 which
                 is
                 called
                 
                   Aul.
                   Regis
                
                 .
              
               
                 Henry
                 4.
                 
                 causeth
                 his
                 Son
                 the
                 Prince
                 ,
                 and
                 the
                 rest
                 of
                 his
                 Councel
                 ,
                 to
                 ordain
                 such
                 moderate
                 governance
                 of
                 his
                 house
                 ,
                 that
                 may
                 continue
                 
                   au
                   plaisir
                   de
                   Dieu
                   et
                   du
                   peuple
                   .
                
              
               
                 Henry
                 6.
                 
                 anno
                 27.
                 reduced
                 his
                 charge
                 of
                 house
                 to
                 12000.
                 l.
                 whereof
                 2000.
                 l.
                 was
                 out
                 of
                 the
                 Queens
                 joynture
                 .
              
               
                 Edw.
                 4.
                 
                 
                   anno
                   duodecimo
                
                 reformeth
                 it
                 again
                 ,
                 and
                 publisheth
                 a
                 book
                 of
                 orders
                 for
                 their
                 better
                 direction
                 .
                 
                 Which
                 after
                 Cardinal
                 Woolsey
                 for
                 the
                 more
                 honour
                 and
                 profit
                 of
                 the
                 King
                 amendeth
                 ,
                 and
                 that
                 still
                 remaineth
                 the
                 ground-work
                 of
                 the
                 present
                 government
                 :
                 Which
                 being
                 now
                 so
                 much
                 corrupted
                 ,
                 it
                 may
                 seem
                 fit
                 ,
                 either
                 to
                 put
                 
                 down
                 the
                 Tables
                 ,
                 and
                 leave
                 all
                 attendants
                 to
                 allowance
                 of
                 money
                 ,
                 as
                 France
                 and
                 Spain
                 doth
                 ,
                 or
                 else
                 ●y
                 setting
                 up
                 the
                 Hall
                 again
                 ,
                 reduce
                 the
                 houshold
                 to
                 the
                 best
                 ,
                 first
                 ,
                 and
                 most
                 magnificent
                 order
                 .
                 So
                 all
                 things
                 being
                 spent
                 in
                 publique
                 ,
                 will
                 be
                 to
                 the
                 Kings
                 honour
                 ,
                 and
                 the
                 secret
                 waste
                 by
                 Chamber
                 ,
                 diet
                 ,
                 and
                 purloining
                 ,
                 prevented
                 to
                 the
                 Kings
                 benefit
                 .
                 For
                 there
                 is
                 never
                 a
                 back-door
                 in
                 Court
                 that
                 costs
                 not
                 the
                 King
                 2000.
                 l.
                 yearly
                 ,
                 and
                 few
                 mean
                 houses
                 in
                 Westminster
                 ,
                 that
                 are
                 not
                 maintained
                 with
                 food
                 and
                 firing
                 ,
                 by
                 the
                 stealth
                 of
                 their
                 Court-Instruments
                 .
              
            
             
               
                 By
                 abating
                 and
                 reforming
                 the
                 excess
                 of
                 Retinue
                 and
                 favorites
                 .
              
               
                 Thus
                 did
                 Henry
                 2.
                 
                 with
                 
                   William
                   de
                   Ipre
                
                 Earl
                 of
                 Kent
                 ,
                 a
                 Netherlander
                 ,
                 and
                 all
                 his
                 Countreymen
                 and
                 followers
                 ;
                 when
                 they
                 grew
                 heavy
                 and
                 a
                 burthen
                 to
                 this
                 State
                 ,
                 unable
                 to
                 foster
                 more
                 then
                 her
                 own
                 natural
                 children
                 .
              
               
                 Thus
                 Richard
                 1.
                 
                 did
                 with
                 Otho
                 Earl
                 of
                 York
                 ,
                 and
                 all
                 the
                 Bavarians
                 ,
                 although
                 he
                 was
                 the
                 sonne
                 of
                 his
                 Sister
                 ,
                 taking
                 from
                 him
                 that
                 Earldome
                 ,
                 for
                 that
                 the
                 People
                 opposed
                 it
                 ,
                 and
                 giving
                 him
                 in
                 exchange
                 the
                 title
                 of
                 Poictife
                 .
              
               
                 Thus
                 Henry
                 3.
                 
                 did
                 with
                 his
                 half-brethren
                 the
                 Earl
                 of
                 Pembroke
                 ,
                 and
                 the
                 Bishop
                 of
                 Winchester
                 ,
                 and
                 all
                 the
                 Poictons
                 theit
                 followers
                 .
              
               
               
                 Thus
                 did
                 Edward
                 2.
                 
                 by
                 this
                 Ordinance
                 ,
                 
                   Que
                   tout
                   le
                   lignage
                   Sire
                   Pieres
                   de
                   Gaveston
                   soit
                   entirement
                   ouste
                   de
                   estre
                   entoines
                   le
                   Roy
                   et
                   de
                   son
                   service
                   .
                   Item
                   Burgois
                   de
                   Til
                   soit
                   ouste
                   et
                   son
                   fias
                   que
                   est
                   mereschal
                   del
                   '
                   Eschequer
                   .
                   Item
                   que
                   Bertram
                   Assabi
                   et
                   son
                   Frere
                   et
                   ceux
                   de
                   Gascoigne
                   ,
                   et
                   Aimyrick
                   de
                   Friscomband
                   soint
                   oustre
                   et
                   ses
                   terres
                   prises
                   en
                   le
                   main
                   le
                   Roy.
                   
                
              
               
                 Thus
                 Richard
                 2.
                 
                 did
                 with
                 the
                 
                   Bohemians
                   anno
                
                 10.
                 by
                 an
                 Act
                 of
                 Parliament
                 at
                 the
                 petition
                 of
                 the
                 people
                 surcharged
                 .
              
               
                 Thus
                 Henry
                 4.
                 
                 did
                 likewise
                 with
                 the
                 Gascoignes
                 and
                 Welch
                 overburthening
                 and
                 impoverishing
                 the
                 King
                 and
                 Realm
                 with
                 perpetual
                 suits
                 ,
                 so
                 that
                 in
                 Courts
                 (
                 as
                 the
                 Record
                 saith
                 )
                 there
                 were
                 
                   ne
                   ad
                   mill
                   substance
                   des
                   personnes
                   vaylantes
                   et
                   suffesants
                   :
                   Si
                   Besoigne
                   seroit
                   mes
                   de
                   Rascaile
                   pur
                   la
                   grendre
                   part
                   .
                
              
            
             
               
                 By
                 abating
                 and
                 reforming
                 the
                 excess
                 of
                 Gifts
                 and
                 Rewards
                 .
              
               
                 Hence
                 was
                 it
                 that
                 the
                 wisdome
                 of
                 former
                 time
                 ,
                 
                 foreseeing
                 the
                 mischief
                 that
                 the
                 open
                 hand
                 of
                 the
                 Soveraign
                 may
                 bring
                 ,
                 the
                 State
                 made
                 a
                 Law
                 21.
                 
                 
                   Richard
                   2.
                
                 that
                 whatsoever
                 cometh
                 to
                 the
                 King
                 by
                 Judgement
                 ,
                 Escheate
                 ,
                 Forfeiture
                 ,
                 Wardship
                 ,
                 or
                 any
                 other
                 wayes
                 ,
                 ,
                 shall
                 not
                 be
                 given
                 away
                 ,
                 and
                 that
                 the
                 procurer
                 of
                 any
                 gift
                 ,
                 shall
                 be
                 punished
                 .
              
               
                 This
                 the
                 Parliament
                 continued
                 7.
                 
                 Henry
                 4
                 ,
                 
                 until
                 the
                 King
                 were
                 out
                 of
                 debt
                 ,
                 making
                 frustrate
                 the
                 grant
                 ,
                 and
                 ordaining
                 a
                 penalty
                 
                 of
                 double
                 value
                 to
                 every
                 mover
                 or
                 procurer
                 of
                 any
                 such
                 .
              
               
                 The
                 like
                 anno
                 11.
                 
                 
                 Henry
                 4.
                 
                 And
                 that
                 no
                 petition
                 for
                 any
                 thing
                 should
                 be
                 delivered
                 the
                 King
                 ,
                 but
                 in
                 the
                 presence
                 of
                 the
                 Councel
                 ,
                 who
                 might
                 examine
                 it
                 ,
                 least
                 the
                 King's
                 wants
                 should
                 light
                 upon
                 the
                 Commons
                 .
              
               
                 And
                 to
                 keep
                 the
                 hand
                 of
                 Henry
                 6.
                 
                 from
                 wasteful
                 giving
                 ,
                 the
                 Councel
                 induced
                 him
                 to
                 convey
                 to
                 the
                 Arch
                 Bishop
                 of
                 Canterbury
                 and
                 others
                 ,
                 all
                 profits
                 ,
                 by
                 Wards
                 ,
                 marriages
                 ,
                 reliefs
                 ,
                 escheats
                 and
                 forfeitures
                 ,
                 to
                 defray
                 the
                 charge
                 of
                 his
                 house
                 .
              
               
                 It
                 is
                 one
                 of
                 the
                 greatest
                 accusations
                 against
                 the
                 Duke
                 of
                 Somerset
                 ,
                 
                 for
                 suffering
                 the
                 King
                 to
                 give
                 away
                 the
                 possessions
                 and
                 profits
                 of
                 the
                 Crown
                 in
                 manner
                 of
                 a
                 spoil
                 :
                 for
                 so
                 are
                 the
                 words
                 of
                 the
                 Record
                 .
              
               
                 And
                 it
                 was
                 made
                 the
                 first
                 and
                 cheifest
                 Article
                 to
                 depose
                 Richard
                 2.
                 
                 for
                 wasting
                 and
                 bestowing
                 the
                 lands
                 and
                 revenues
                 of
                 the
                 Crown
                 upon
                 unworthy
                 persons
                 ,
                 and
                 thereby
                 over-charging
                 the
                 Commons
                 by
                 exaction
                 .
              
               
                 THirdly
                 ,
                 Raising
                 of
                 money
                 ,
                 and
                 ,
                 improving
                 the
                 Revenues
                 of
                 the
                 Crown
                 .
              
               
                 Either
                 by
                 the
                 
                   
                     Grant
                     of
                     the
                     Subject
                     ,
                     Or
                  
                   
                     Power
                     absolute
                     in
                     the
                     Soveraign
                     .
                  
                
              
               
               
                 1.
                 
                 Grant
                 of
                 the
                 Subject
                 ,
                 which
                 is
                 
                   
                     General
                     ,
                     as
                     in
                     Parliaments
                     ,
                     Or
                  
                   
                     Particular
                     by
                     Lones
                     
                       
                         Compulsive
                         Or
                         Benevolent
                         .
                      
                    
                  
                
              
               
                 General
                 ,
                 
                 as
                 in
                 Parliaments
                 ,
                 wherein
                 they
                 give
                 the
                 King
                 part
                 of
                 their
                 own
                 ,
                 by
                 way
                 of
                 Retribution
                 only
                 ;
                 as
              
            
             
               
                 For
                 Defence
                 of
                 the
                 State.
                 
              
               
                 Hence
                 grew
                 the
                 Scutage
                 granted
                 
                   to
                   Hen.
                
                 
                 2.
                 
                 Richard
                 1.
                 
                 
                 John
                 ,
                 and
                 Henry
                 3.
                 to
                 Edward
                 1.
                 divers
                 Fifteens
                 and
                 Tenths
                 for
                 his
                 wars
                 against
                 the
                 Scots
                 and
                 Welshmen
                 .
                 
                 The
                 Subsidie
                 of
                 Woolls
                 and
                 other
                 Contributions
                 to
                 Edward
                 3.
                 for
                 his
                 Wars
                 :
                 And
                 the
                 like
                 granted
                 to
                 
                   Richard
                   2.
                   annis
                
                 2.
                 3.
                 7.
                 so
                 they
                 may
                 be
                 imployed
                 in
                 the
                 Wars
                 :
                 and
                 particular
                 Treasurers
                 to
                 accompt
                 in
                 Parliament
                 .
                 So
                 in
                 the
                 8.
                 and
                 9.
                 of
                 Henry
                 4.
                 on
                 the
                 like
                 condition
                 .
              
               
                 Tunnage
                 and
                 Poundage
                 begun
                 the
                 45.
                 
                 Edward
                 3.
                 had
                 hence
                 its
                 original
                 ;
                 and
                 therefore
                 13.
                 
                 
                 Henry
                 4.
                 and
                 1.
                 
                 Henry
                 5.
                 they
                 are
                 granted
                 so
                 in
                 express
                 words
                 ;
                 and
                 that
                 they
                 proceed
                 of
                 good-will
                 ,
                 and
                 not
                 of
                 duty
                 .
                 Presidents
                 of
                 this
                 nature
                 are
                 plentifull
                 in
                 all
                 the
                 Rolls
                 .
              
            
             
               
                 For
                 maintenance
                 of
                 Religion
                 and
                 the
                 Church
                 .
              
               
                 As
                 in
                 the
                 Year
                 1166.
                 to
                 Henry
                 2.
                 was
                 
                 given
                 twelve
                 pence
                 in
                 the
                 pound
                 :
                 
                 and
                 in
                 the
                 18.
                 
                 Edward
                 1.
                 a
                 fifteenth
                 was
                 granted
                 to
                 expel
                 the
                 Jews
                 .
                 And
                 
                   Anno
                   4.
                   
                   Richard
                
                 2.
                 a
                 tenth
                 of
                 the
                 Clergie
                 ,
                 and
                 a
                 fifteenth
                 of
                 the
                 Commons
                 ,
                 for
                 his
                 help
                 to
                 suppress
                 the
                 Wicklivian
                 heresie
                 .
              
            
             
               
                 For
                 support
                 of
                 the
                 Laws
                 and
                 liberty
                 of
                 the
                 Common-Wealth
                 .
              
               
                 So
                 did
                 the
                 State
                 to
                 Henry
                 3.
                 
                 anno
                 27.
                 for
                 confirmation
                 of
                 the
                 great
                 Charter
                 ,
                 for
                 the
                 like
                 anno
                 15.
                 was
                 granted
                 29.
                 
                 Edward
                 1.
                 and
                 13.
                 
                 Edward
                 3.
                 and
                 7.
                 
                 Henry
                 4.
                 
                 That
                 the
                 Laws
                 may
                 be
                 executed
                 against
                 Purveiors
                 .
              
            
             
               
                 For
                 redress
                 of
                 the
                 Agrievances
                 .
              
               
                 As
                 in
                 the
                 15.
                 
                 
                 Edward
                 3.
                 so
                 that
                 the
                 King
                 would
                 perform
                 their
                 petitions
                 ,
                 or
                 else
                 they
                 held
                 themselves
                 not
                 bound
                 to
                 pay
                 the
                 ninth
                 they
                 had
                 given
                 .
              
               
                 The
                 like
                 was
                 the
                 7
                 ,
                 
                 8
                 ,
                 9
                 ,
                 10.
                 and
                 11.
                 
                 Richard
                 2.
                 
                 The
                 10.
                 and
                 15.
                 granted
                 the
                 4.
                 and
                 7.
                 of
                 Henry
                 5.
                 is
                 upon
                 condition
                 ,
                 that
                 the
                 King
                 laid
                 no
                 impositions
                 upon
                 the
                 State.
                 And
                 7.
                 
                 Edward
                 4.
                 the
                 State
                 releiveth
                 the
                 King
                 ,
                 so
                 he
                 will
                 promise
                 to
                 live
                 hereafter
                 upon
                 his
                 own
                 ,
                 and
                 not
                 burthen
                 the
                 State
                 ,
                 the
                 which
                 he
                 there
                 protesteth
                 to
                 perform
                 .
              
               
                 And
                 it
                 is
                 to
                 be
                 observed
                 that
                 to
                 improve
                 the
                 grants
                 of
                 Subsidies
                 to
                 the
                 extreamest
                 
                 
                 value
                 ,
                 there
                 were
                 new
                 Commissioners
                 appointed
                 to
                 survey
                 and
                 advance
                 mens
                 fortunes
                 above
                 the
                 estimate
                 of
                 the
                 former
                 taxes
                 ,
                 and
                 Commissions
                 have
                 been
                 granted
                 out
                 ,
                 as
                 3.
                 
                 Richard
                 2.
                 
              
            
             
               
                 Or
                 to
                 enable
                 him
                 out
                 of
                 his
                 own
                 by
                 an
                 Act
                 of
                 Resumption
                 of
                 Lands
                 ,
                 offices
                 ,
                 annuities
                 .
              
               
                 Thus
                 did
                 Henry
                 3.
                 
                 anno
                 6.
                 and
                 Edward
                 2.
                 anno
                 5.
                 to
                 9.
                 
                 &
                 10.
                 by
                 an
                 ordination
                 of
                 the
                 Prelates
                 ,
                 Earles
                 and
                 Barons
                 .
              
               
                 All
                 grants
                 made
                 by
                 Edward
                 3.
                 to
                 unwornthy
                 persons
                 ,
                 Richard
                 2.
                 resumed
                 
                   anno
                   primo
                
                 ,
                 and
                 by
                 
                   Henry
                   4.
                   anno
                
                 .
                 6.
                 
              
               
                 All
                 Pattents
                 for
                 life
                 or
                 years
                 since
                 4.
                 
                 Edward
                 3.
                 were
                 resumed
                 .
              
               
                 At
                 the
                 petition
                 of
                 the
                 people
                 Hen.
                 
                 revokes
                 all
                 grants
                 out
                 of
                 the
                 principality
                 made
                 to
                 unworthy
                 persons
                 ,
                 and
                 all
                 annuities
                 out
                 of
                 the
                 customes
                 of
                 wools
                 ,
                 deducting
                 out
                 10000.
                 l.
                 a
                 yeare
                 out
                 of
                 all
                 other
                 annual
                 pensions
                 ratably
                 ,
                 leaving
                 the
                 remain
                 ,
                 if
                 any
                 ,
                 to
                 the
                 Pattentees
                 .
              
               
                 Hen
                 6.
                 
                 annis
                 28.
                 29.
                 33.
                 resumeth
                 in
                 England
                 all
                 Lands
                 ,
                 offices
                 ,
                 liberties
                 and
                 grants
                 from
                 
                   annis
                   primo
                
                 ,
                 and
                 the
                 like
                 anno
                 21.
                 in
                 Ireland
                 .
              
               
                 So
                 did
                 
                   Edward
                   4
                   annis
                
                 4.
                 
                 7.
                 12.
                 
                 And
                 
                   Henry
                   7.
                   anno
                
                 2.
                 resumed
                 all
                 grants
                 made
                 by
                 Edward
                 4.
                 or
                 Richard
                 3.
                 
              
               
               
                 Particular
                 by
                 
                   
                     Lones
                     Or
                  
                   
                     Benevolences
                     .
                     
                       
                         Voluntary
                         ,
                         Or
                      
                       
                         Compulsive
                         .
                      
                    
                  
                
              
            
             
               
                 First
                 upon
                 Lones
                 voluntary
                 ,
                 as
                 upon
                 assurance
                 of
                 Bond
                 of
                 the
                 Nobility
                 .
              
               
                 So
                 was
                 
                   William
                   de
                   la
                   Poole
                
                 bound
                 for
                 Edward
                 3.
                 
                 anno
                 13.
                 in
                 great
                 summes
                 ,
                 and
                 the.
                 Duke
                 of
                 
                   Glocester
                   anno
                   20.
                   
                   Henry
                
                 6.
                 and
                 the
                 Cardinal
                 pawned
                 Ws
                 silver
                 Vessels
                 for
                 Henry
                 6.
                 debt
                 .
              
            
             
               
                 Vpon
                 pawn
                 of
                 Jewels
                 .
              
               
                 Thus
                 did
                 Henry
                 3.
                 
                 anno
                 26.
                 to
                 the
                 Archbishop
                 of
                 York
                 ,
                 and
                 when
                 his
                 own
                 were
                 at
                 gage
                 ,
                 he
                 took
                 
                   Aurum
                   et
                   Jocalia
                   faeretri
                   sancti
                   Edwardi
                   Confessor
                   .
                
                 and
                 pawned
                 them
                 .
              
               
                 Edward
                 1.
                 
                 imployed
                 one
                 
                   Andevar
                   ad
                   jocalia
                   sua
                   impignoranda
                
                 .
              
               
                 Edward
                 2.
                 
                 pawned
                 his
                 Jewels
                 to
                 the
                 Lord
                 Beaumont
                 .
              
               
                 Edward
                 3.
                 
                 pawned
                 
                   Magnam
                   Coronam
                   Angliae
                
                 to
                 Sir
                 
                   John
                   Wessingham
                   for
                   8.
                   years
                
                 .
              
               
                 Richard
                 2.
                 
                 pawned
                 
                   vasa
                   aurea
                   et
                   diversa
                   jocalia
                
                 to
                 Sir
                 
                   Robert
                   Knolls
                
                 .
              
               
                 Henry
                 4.
                 
                 Invadiavit
                 tabellam
                 et
                 tresellas
                 suas
                 argenteas
                 de
                 Hispania
                 .
              
               
                 Henry
                 5.
                 
                 pawned
                 his
                 great
                 Crown
                 to
                 the
                 rich
                 Bishop
                 of
                 Winchester
                 .
              
               
                 Henry
                 6.
                 
                 to
                 the
                 same
                 man
                 then
                 Cardinal
                 
                 pawned
                 many
                 parcels
                 of
                 his
                 Jewels
                 in
                 the
                 10
                 ,
                 12.
                 and
                 29.
                 of
                 his
                 reign
                 ,
                 and
                 the
                 like
                 to
                 many
                 others
                 .
              
               
                 And
                 the
                 late
                 Queen
                 to
                 ease
                 her
                 people
                 did
                 the
                 like
                 with
                 her
                 Jewels
                 in
                 the
                 Tower
                 ,
                 besides
                 the
                 often
                 morgage
                 of
                 her
                 land
                 .
              
            
             
               
                 Lones
                 voluntary
                 upon
                 Assignments
                 of
                 Customes
                 and
                 Subsidies
                 .
              
               
                 So
                 did
                 Cardinal
                 Beauford
                 lend
                 10000.
                 
                 l.
                 to
                 
                   Henry
                   6.
                   anno
                
                 22.
                 upon
                 security
                 of
                 the
                 Customes
                 of
                 London
                 and
                 Southampton
                 ,
                 the
                 King
                 indenting
                 to
                 turn
                 the
                 course
                 of
                 most
                 trade
                 thither
                 .
                 
                 And
                 
                   Henry
                   6.
                   anno
                
                 15.
                 and
                 
                   Edward
                   4.
                   anno
                
                 12.
                 did
                 secure
                 their
                 debts
                 by
                 assignment
                 over
                 of
                 the
                 next
                 Subsidie
                 or
                 aide
                 that
                 shall
                 be
                 granted
                 from
                 the
                 Church
                 or
                 Laity
                 to
                 them
                 ,
                 being
                 a
                 devise
                 in
                 truth
                 to
                 draw
                 on
                 a
                 supply
                 the
                 sooner
                 from
                 the
                 State.
                 
              
            
             
               
                 Lones
                 voluntary
                 upon
                 the
                 Great
                 Seal
                 or
                 the
                 Privy
                 Seal
                 .
              
               
                 The
                 Great
                 Seal
                 ,
                 under
                 which
                 they
                 should
                 have
                 without
                 paying
                 Fee
                 a
                 Patent
                 sealed
                 for
                 repayment
                 of
                 their
                 dues
                 by
                 a
                 day
                 certain
                 .
                 
              
               
                 The
                 Privy
                 Seal
                 ,
                 which
                 is
                 of
                 late
                 the
                 most
                 in
                 use
                 ;
                 and
                 it
                 is
                 worthy
                 of
                 observation
                 to
                 see
                 the
                 willingness
                 of
                 former
                 times
                 in
                 respect
                 of
                 these
                 .
              
               
                 In
                 the
                 13.
                 
                 of
                 Henry
                 4.
                 there
                 is
                 a
                 Roll
                 
                 intituled
                 
                   les
                   nomes
                   de
                   ceux
                   que
                   ont
                   da
                   prester
                   an
                   Roy
                   les
                   somnes
                   escrits
                   .
                
                 The
                 Arch-bishop
                 of
                 Canterbury
                 lent
                 1000.
                 
                 Marks
                 ,
                 the
                 Bishop
                 of
                 Lincoln
                 as
                 much
                 ,
                 
                 the
                 Bishop
                 of
                 Norwich
                 600.
                 l.
                 the
                 Bishop
                 of
                 London
                 500.
                 
                 Markes
                 ,
                 the
                 Bishop
                 of
                 Bath
                 400
                 Marks
                 ,
                 the
                 Lord
                 Privy
                 Seal
                 200.
                 l.
                 the
                 Clerks
                 of
                 the
                 Chancery
                 1000.
                 
                 Markes
                 .
              
            
             
               
                 Particular
                 Grants
                 of
                 the
                 Subject
                 by
                 Lone
                 compulsive
                 .
              
               
                 So
                 were
                 the
                 Merchants
                 of
                 Florence
                 ,
                 
                 Venice
                 and
                 Luke
                 ,
                 compelled
                 by
                 an
                 order
                 in
                 Councel
                 3
                 Henry
                 3.
                 because
                 they
                 had
                 by
                 
                   grace
                   et
                   sufferance
                   du
                   Roy
                   graunts
                   ,
                   priviledges
                   et
                   reportants
                   grand
                   lucre
                   pour
                   le
                   exercise
                   de
                   leur
                   Merchandre
                   en
                   le
                   Angle
                   terre
                   .
                
                 And
                 the
                 persons
                 that
                 refused
                 to
                 lend
                 were
                 committed
                 to
                 the
                 Fleet
                 ,
                 neither
                 were
                 the
                 English
                 more
                 free
                 ,
                 in
                 
                   anno
                   30.
                   
                   Henry
                
                 6.
                 divers
                 being
                 enjoyned
                 to
                 attend
                 the
                 Councel-table
                 ,
                 or
                 else
                 to
                 pay
                 the
                 demanded
                 Lone
                 .
              
               
                 In
                 the
                 time
                 of
                 Henry
                 8.
                 
                 anno
                 14.
                 of
                 his
                 Reign
                 he
                 exacteth
                 by
                 way
                 of
                 Lone
                 ,
                 ten
                 pounds
                 in
                 the
                 hundred
                 of
                 all
                 goods
                 ,
                 jewels
                 ,
                 utensils
                 and
                 land
                 ,
                 and
                 according
                 to
                 the
                 extreamest
                 rate
                 revealed
                 by
                 Oath
                 of
                 the
                 possessors
                 .
                 Notwithstanding
                 there
                 is
                 a
                 Law
                 2.
                 
                 Richard
                 ,
                 2.
                 that
                 none
                 shall
                 be
                 denyed
                 in
                 demand
                 of
                 any
                 Lone
                 ,
                 his
                 reasonable
                 excuse
                 .
              
            
             
               
               
                 Particular
                 Grants
                 of
                 the
                 subjects
                 by
                 contribution
                 or
                 Benevolent
                 gifts
                 .
              
               
                 These
                 were
                 of
                 old
                 usual
                 and
                 free
                 ,
                 
                 and
                 therefore
                 called
                 
                   Liberalitas
                   populi
                
                 ,
                 by
                 Richard
                 1.
                 and
                 Curialitas
                 ,
                 by
                 
                   Ed
                   1.
                   
                   Ed.
                   3.
                   
                   Henry
                
                 4.
                 and
                 Henry
                 5.
                 confessed
                 to
                 proceed
                 
                   ex
                   spontane
                   voluntate
                   ,
                   nec
                   de
                   jure
                   vendicare
                   potest
                   .
                
                 Yet
                 did
                 
                   Henry
                   6.
                   anno
                
                 20.
                 in
                 an
                 instruction
                 to
                 Commissioners
                 imployed
                 in
                 procuring
                 a
                 Benevolence
                 ,
                 say
                 ,
                 that
                 for
                 so
                 much
                 as
                 by
                 the
                 Law
                 he
                 might
                 compel
                 all
                 his
                 Subjects
                 ,
                 and
                 at
                 their
                 own
                 charge
                 to
                 attend
                 his
                 ;
                 yet
                 he
                 was
                 contented
                 to
                 spare
                 such
                 as
                 would
                 but
                 contribute
                 asmuch
                 after
                 his
                 degree
                 and
                 reputation
                 as
                 two
                 days
                 in
                 his
                 personal
                 service
                 would
                 stand
                 him
                 in
                 ,
                 thereby
                 implying
                 a
                 necessity
                 in
                 them
                 to
                 give
                 ,
                 to
                 escape
                 a
                 further
                 expence
                 .
              
               
                 This
                 Law
                 ,
                 
                 upon
                 which
                 Henry
                 6
                 :
                 grounded
                 himselfa
                 was
                 by
                 a
                 Statute
                 in
                 Queen
                 Maries
                 time
                 repealed
                 .
                 And
                 that
                 since
                 repealed
                 this
                 last
                 year
                 ,
                 hath
                 made
                 are
                 reviving
                 of
                 the
                 former
                 ,
                 whereby
                 the
                 King
                 is
                 readmitted
                 into
                 his
                 old
                 advantages
                 ,
                 and
                 the
                 subject
                 in
                 the
                 former
                 mischief
                 .
                 
                 And
                 Henry
                 8.
                 anno
                 17.
                 
                 Although
                 he
                 entituleth
                 the
                 benevolence
                 he
                 sought
                 with
                 no
                 other
                 stile
                 then
                 an
                 amicable
                 grant
                 ,
                 yet
                 he
                 threatened
                 the
                 refusers
                 with
                 convention
                 before
                 his
                 Councel
                 ,
                 imprisonment
                 ,
                 and
                 confiscation
                 of
                 Goods
                 .
              
               
               
                 THe
                 Kings
                 raise
                 money
                 ,
                 and
                 improve
                 and
                 revenues
                 of
                 the
                 Crown
                 ,
                 By
                 power
                 absolute
                 in
                 the
                 Soveraign
                 ,
                 in
                 disposing
                 ,
                 
                   
                     1.
                     
                     Lands
                     ,
                  
                   
                     2.
                     
                     Merchandize
                     .
                  
                   
                     3.
                     
                     Regalities
                     .
                  
                
              
               
                 1.
                 
                 Lands
                 ,
                 as
                 by
                 selling
                 ;
                 which
                 hath
                 been
                 often
                 the
                 old
                 ,
                 if
                 they
                 were
                 not
                 of
                 the
                 Antient
                 demeasne-land
                 ,
                 which
                 our
                 forefathers
                 held
                 impious
                 to
                 alienate
                 from
                 the
                 Crown
                 ,
                 and
                 those
                 were
                 such
                 Lands
                 as
                 go
                 under
                 the
                 title
                 of
                 
                   Terra
                   Regis
                
                 ,
                 
                 in
                 the
                 Book
                 of
                 Domesday
                 ,
                 and
                 were
                 the
                 Lands
                 of
                 
                   Edward
                   confessor
                
                 :
                 of
                 other
                 Lands
                 I
                 never
                 observed
                 question
                 ,
                 neither
                 do
                 ever
                 find
                 that
                 Acts
                 of
                 Resumptions
                 ever
                 reached
                 to
                 Lands
                 that
                 were
                 sold
                 for
                 valuable
                 consideration
                 .
              
               
                 By
                 passing
                 in
                 Fee-farm
                 ,
                 except
                 places
                 of
                 the
                 Kings
                 Residence
                 ,
                 Parks
                 ,
                 spacious
                 Wastes
                 or
                 Forrests
                 ,
                 all
                 the
                 Lands
                 of
                 the
                 the
                 Crown
                 ,
                 which
                 remain
                 either
                 in
                 the
                 annexation
                 ,
                 custody
                 lands
                 ,
                 or
                 Queens
                 jointure
                 ,
                 and
                 exceed
                 not
                 yearly
                 32000.
                 l.
                 These
                 ,
                 although
                 largely
                 estated
                 out
                 in
                 several
                 natures
                 ,
                 some
                 for
                 lives
                 ,
                 some
                 for
                 years
                 ,
                 will
                 one
                 with
                 the
                 other
                 be
                 advanced
                 to
                 a
                 treble
                 rent
                 ,
                 which
                 amounting
                 to
                 96000.
                 l.
                 leaving
                 an
                 annual
                 improvement
                 of
                 64000.
                 
                 And
                 if
                 the
                 offer
                 be
                 not
                 made
                 restrictive
                 for
                 the
                 new
                 Tenant
                 ,
                 there
                 is
                 no
                 doubt
                 but
                 his
                 Majesty
                 shall
                 find
                 ready
                 and
                 hearty
                 undertakers
                 amongst
                 the
                 Gentry
                 and
                 Nobility
                 too
                 ,
                 who
                 have
                 any
                 place
                 of
                 
                 Residence
                 neer
                 any
                 his
                 Majesties
                 Mannors
                 ;
                 and
                 the
                 Kings
                 security
                 the
                 better
                 ,
                 since
                 their
                 abilities
                 will
                 settle
                 the
                 Pre-farm
                 rent
                 upon
                 more
                 Land
                 then
                 the
                 purchase
                 .
              
               
                 If
                 any
                 shall
                 object
                 against
                 this
                 ,
                 a
                 loss
                 by
                 Fines
                 and
                 Profits
                 of
                 Courts
                 ,
                 a
                 prejudice
                 in
                 not
                 serving
                 necessity
                 (
                 as
                 of
                 late
                 )
                 by
                 sales
                 or
                 diminution
                 of
                 Regalities
                 in
                 seisure
                 of
                 so
                 many
                 Royalities
                 .
                 It
                 may
                 be
                 answered
                 to
                 the
                 first
                 ,
                 that
                 the
                 casual
                 profits
                 of
                 Courts
                 never
                 defrayed
                 to
                 the
                 present
                 Officers
                 their
                 fees
                 and
                 expences
                 ;
                 and
                 this
                 appeareth
                 from
                 a
                 collection
                 made
                 the
                 44.
                 year
                 of
                 the
                 late
                 Queen
                 ,
                 where
                 the
                 total
                 issue
                 of
                 such
                 certain
                 charge
                 exceeded
                 the
                 receipt
                 of
                 such
                 chances
                 above
                 8000.
                 l.
                 
              
               
                 To
                 the
                 second
                 ,
                 if
                 looking
                 upon
                 the
                 several
                 rates
                 of
                 the
                 Kings
                 Lands
                 ,
                 exposed
                 to
                 Fee-farm
                 sales
                 ,
                 we
                 find
                 some
                 at
                 50.
                 other
                 at
                 21.
                 years
                 as
                 to
                 the
                 late
                 contracters
                 ,
                 and
                 make
                 out
                 of
                 these
                 extreams
                 a
                 medium
                 of
                 the
                 largest
                 40.
                 years
                 ,
                 and
                 set
                 on
                 the
                 other
                 side
                 the
                 Common
                 and
                 current
                 estimate
                 for
                 dead
                 Rents
                 15.
                 years
                 purchase
                 :
                 We
                 must
                 find
                 ,
                 that
                 50
                 l.
                 Land
                 sold
                 un-improved
                 respectively
                 to
                 the
                 like
                 trebled
                 by
                 a
                 Fee-farm
                 ,
                 will
                 be
                 250.
                 l.
                 loss
                 to
                 his
                 Majesty
                 in
                 the
                 sale
                 .
                 As
                 for
                 Regalities
                 ,
                 though
                 it
                 may
                 adde
                 somewhat
                 to
                 a
                 Subject
                 ,
                 in
                 increasing
                 such
                 his
                 petty
                 command
                 ,
                 it
                 can
                 nothing
                 to
                 a
                 Sovereign
                 ,
                 whose
                 transcendent
                 power
                 drown'd
                 in
                 it
                 all
                 such
                 subordinate
                 dependances
                 &
                 regards
                 .
                 But
                 if
                 we
                 consider
                 besides
                 the
                 former
                 improvement
                 ,
                 the
                 increase
                 of
                 
                 casual
                 advantage
                 ,
                 and
                 diminution
                 of
                 certain
                 charge
                 ,
                 we
                 shall
                 have
                 just
                 cause
                 not
                 to
                 continue
                 this
                 course
                 ;
                 for
                 if
                 the
                 Commissioners
                 in
                 this
                 business
                 ,
                 may
                 be
                 ordered
                 by
                 instruction
                 to
                 reserve
                 upon
                 every
                 Mannor
                 of
                 above
                 30.
                 
                   per
                   Annum
                
                 ,
                 a
                 tenure
                 in
                 Knight-service
                 by
                 half
                 a
                 Fee
                 ,
                 and
                 of
                 above
                 50.
                 l.
                 in
                 Capite
                 by
                 an
                 intire
                 Fee
                 ,
                 and
                 of
                 the
                 purchase
                 to
                 pay
                 his
                 Rent
                 into
                 the
                 receipt
                 himself
                 half
                 yearly
                 ,
                 and
                 strike
                 there
                 his
                 Tally
                 :
                 the
                 former
                 will
                 advance
                 the
                 revenue
                 accidental
                 of
                 the
                 Crown
                 in
                 Wardships
                 ,
                 
                   primier
                   seisin
                
                 ,
                 alienation
                 and
                 aides
                 ;
                 and
                 the
                 latter
                 cut
                 off
                 at
                 once
                 so
                 many
                 their
                 unnecessary
                 Receivers
                 ,
                 Auditors
                 ,
                 Stewards
                 ,
                 Bayliffs
                 and
                 Clerks
                 ,
                 as
                 stand
                 the
                 King
                 in
                 yearly
                 above
                 12000.
                 l.
                 As
                 for
                 other
                 dues
                 or
                 casual
                 Revenues
                 ,
                 which
                 now
                 fall
                 under
                 the
                 charge
                 of
                 these
                 Officers
                 ,
                 the
                 Collection
                 and
                 payment
                 may
                 be
                 as
                 it
                 hath
                 been
                 with
                 the
                 rest
                 from
                 the
                 time
                 of
                 Henry
                 2.
                 until
                 of
                 late
                 dayes
                 laid
                 on
                 the
                 Sheriffs
                 of
                 the
                 Shire
                 ,
                 and
                 all
                 the
                 accounts
                 left
                 to
                 the
                 2.
                 
                 Auditors
                 of
                 the
                 press
                 to
                 draw
                 up
                 ,
                 and
                 Clerk
                 of
                 the
                 Pipe
                 to
                 enter
                 in
                 
                   Magno
                   rotulo
                
                 as
                 in
                 former
                 time
                 ,
                 for
                 it
                 must
                 seem
                 strange
                 to
                 all
                 men
                 of
                 judgement
                 ,
                 that
                 it
                 should
                 be
                 with
                 those
                 Officers
                 (
                 who
                 had
                 their
                 beginning
                 but
                 since
                 the
                 25
                 ,
                 year
                 of
                 Henry
                 8.
                 by
                 addition
                 of
                 his
                 new
                 revenue
                 of
                 150000.
                 l.
                 from
                 the
                 suppressed
                 Monasteries
                 )
                 otherwise
                 then
                 with
                 all
                 things
                 in
                 nature
                 ,
                 and
                 reason
                 ,
                 
                   Cessante
                   Causa
                   cessat
                   effectus
                
                 ,
                 not
                 to
                 be
                 discontinued
                 ,
                 when
                 as
                 all
                 Crown-annexed
                 
                 lands
                 that
                 gave
                 them
                 their
                 just
                 imployment
                 ,
                 are
                 for
                 the
                 most
                 part
                 passed
                 from
                 the
                 Soveraign
                 into
                 the
                 subjects
                 possession
                 .
              
               
                 Besides
                 this
                 of
                 the
                 general
                 disposing
                 in
                 Fee-farm
                 ,
                 there
                 hath
                 been
                 a
                 project
                 in
                 particular
                 to
                 infranchise
                 the
                 Copy-holders
                 in
                 the
                 several
                 Mannors
                 ,
                 which
                 I
                 should
                 hold
                 to
                 be
                 of
                 more
                 prejudice
                 to
                 his
                 Majesty
                 then
                 the
                 others
                 ,
                 bringing
                 with
                 it
                 all
                 the
                 former
                 inconveniences
                 ,
                 loss
                 of
                 Fines
                 ,
                 Regalities
                 ,
                 and
                 advantages
                 of
                 sale
                 ,
                 and
                 being
                 without
                 many
                 of
                 the
                 advantages
                 ,
                 as
                 Wardships
                 ,
                 
                   Primiers
                   Seisein
                
                 ,
                 alienation
                 and
                 aids
                 ;
                 for
                 no
                 man
                 will
                 buy
                 quillets
                 but
                 in
                 soccage
                 ,
                 and
                 discontinuance
                 or
                 Officers
                 ,
                 who
                 must
                 still
                 remain
                 ,
                 though
                 they
                 can
                 bring
                 the
                 King
                 but
                 little
                 benefit
                 .
              
            
             
               
                 Kings
                 raise
                 money
                 ,
                 and
                 improve
                 their
                 Revenues
                 ,
                 by
                 Farming
                 out
                 for
                 years
                 ,
                 Lands
                 ,
                 casualties
                 ,
                 or
                 wastes
                 .
              
               
                 As
                 in
                 the
                 7.
                 
                 
                 Henry
                 .
                 4.
                 the
                 State
                 held
                 it
                 more
                 just
                 to
                 help
                 the
                 King
                 out
                 of
                 his
                 own
                 ,
                 then
                 to
                 burthen
                 the
                 Common-Wealth
                 ,
                 and
                 therefore
                 gave
                 way
                 by
                 Parliament
                 to
                 the
                 King
                 to
                 improve
                 up
                 his
                 Lands
                 ,
                 though
                 in
                 Lease
                 provided
                 that
                 the
                 Leassee
                 should
                 have
                 refusal
                 of
                 the
                 bargain
                 if
                 he
                 would
                 .
                 
              
               
                 
                   Edward
                   1.
                   anno
                
                 2.
                 granted
                 a
                 commission
                 to
                 farm
                 out
                 all
                 such
                 wastes
                 ,
                 
                   Quod
                   absque
                   iniuria
                   alterius
                   fieri
                   potest
                   .
                
                 And
                 in
                 anno
                 15.
                 asserted
                 a
                 great
                 part
                 of
                 his
                 Woods
                 for
                 rent
                 ,
                 and
                 disforrested
                 in
                 most
                 Counties
                 of
                 England
                 
                 for
                 a
                 summe
                 of
                 money
                 they
                 gave
                 him
                 .
              
               
                 And
                 it
                 was
                 not
                 the
                 least
                 of
                 charitable
                 thrift
                 in
                 the
                 King
                 ,
                 
                 to
                 reduce
                 much
                 of
                 his
                 waste
                 to
                 habitation
                 of
                 Christians
                 ,
                 especially
                 the
                 remote
                 Forrests
                 ,
                 which
                 would
                 increase
                 many
                 thousand
                 Families
                 for
                 his
                 service
                 ,
                 and
                 bring
                 many
                 thousand
                 pounds
                 to
                 his
                 Coffers
                 .
              
               
                 But
                 in
                 the
                 carriage
                 of
                 this
                 business
                 there
                 must
                 be
                 much
                 caution
                 to
                 prevent
                 commotion
                 ,
                 for
                 in
                 them
                 there
                 are
                 many
                 that
                 have
                 right
                 of
                 common
                 
                   sans
                   nombre
                
                 .
                 And
                 the
                 resolution
                 in
                 agreement
                 with
                 them
                 must
                 be
                 suddain
                 ,
                 and
                 confident
                 ,
                 for
                 multitudes
                 are
                 jealous
                 and
                 inconstant
                 .
                 And
                 the
                 instruments
                 to
                 effect
                 this
                 ,
                 must
                 be
                 such
                 as
                 are
                 neighbours
                 ,
                 interessed
                 and
                 popular
                 ,
                 not
                 strangers
                 ;
                 And
                 the
                 first
                 demise
                 to
                 the
                 inhabitants
                 ,
                 and
                 at
                 under
                 and
                 easie
                 values
                 .
              
            
             
               
                 Kings
                 raise
                 money
                 ,
                 and
                 improve
                 the
                 Revenues
                 of
                 their
                 Crown
                 ,
                 by
                 manuring
                 of
                 Lands
                 .
              
               
                 Thus
                 did
                 
                   Henry
                   3.
                   anno
                
                 13.
                 in
                 removing
                 out
                 of
                 most
                 of
                 his
                 Parks
                 as
                 Gillingham
                 ,
                 
                 
                   Brigstock
                   ,
                   Cliff
                   ,
                   Woodstock
                   ,
                   Haverel
                   ,
                
                 &c.
                 all
                 mens
                 Cattle
                 
                   pro
                   bobus
                   ,
                   pro
                   Lardaria
                   Regis
                   in
                   Parcis
                   praedictis
                   impinguendis
                   .
                
              
               
                 And
                 Edward
                 1.
                 
                 commanded
                 all
                 the
                 Escheators
                 in
                 England
                 .
                 
                   Excolere
                   seminare
                   &
                   appropriare
                   ad
                   maximum
                   Regis
                   proficuum
                   ownes
                   terras
                   ,
                   quae
                   regi
                   &
                   coronae
                   suae
                   devenerint
                   
                   per
                   mortem
                   aliquorum
                   vocationem
                   Episcopatium
                   ,
                
                 &c.
                 
              
               
                 KIngs
                 raise
                 money
                 and
                 improve
                 the
                 Revenues
                 of
                 their
                 Crown
                 By
                 Merchandise
                 
                   
                     1.
                     
                     Trading
                     themselves
                     .
                  
                   
                     2.
                     
                     Licencing
                     others
                     to
                     trade
                     in
                     Commodities
                     ,
                  
                   
                     3.
                     
                     Improving
                     Customes
                     .
                     
                       
                         Lawful
                         or
                         unlawful
                         .
                      
                    
                  
                
              
            
             
               
                 1.
                 
                 Trading
                 themselves
                 .
              
               
                 Thus
                 did
                 Edward
                 1.
                 
                 anno
                 22.
                 seise
                 into
                 his
                 hands
                 all
                 the
                 Wools
                 in
                 the
                 Kingdome
                 ,
                 as
                 the
                 Merchants
                 were
                 lading
                 them
                 in
                 the
                 Ports
                 ,
                 giving
                 them
                 security
                 of
                 payment
                 at
                 a
                 long
                 day
                 ,
                 and
                 a
                 short
                 price
                 ,
                 and
                 then
                 transporting
                 them
                 to
                 his
                 own
                 best
                 and
                 readiest
                 sale
                 .
              
               
                 Thus
                 did
                 Edward
                 3.
                 
                 anno
                 12.
                 with
                 all
                 the
                 Tin.
                 
              
               
                 And
                 Henry
                 6.
                 
                 anno
                 20.
                 by
                 advice
                 of
                 his
                 Councel
                 took
                 up
                 by
                 way
                 of
                 purveyance
                 great
                 store
                 of
                 Grain
                 ,
                 and
                 transported
                 it
                 into
                 Gascoigne
                 ,
                 where
                 by
                 reason
                 of
                 a
                 dearth
                 ,
                 the
                 price
                 was
                 extream
                 .
                 In
                 anno
                 31.
                 he
                 arrested
                 all
                 the
                 Tin
                 in
                 Southampton
                 ,
                 and
                 sold
                 it
                 to
                 his
                 own
                 present
                 use
                 :
                 and
                 in
                 the
                 year
                 following
                 using
                 the
                 advantage
                 of
                 the
                 Statute
                 ,
                 which
                 bound
                 all
                 men
                 to
                 trade
                 the
                 staple
                 Commodities
                 to
                 no
                 other
                 place
                 but
                 Call●ce
                 ,
                 vented
                 himself
                 many
                 Sacks
                 of
                 Wool
                 
                 to
                 other
                 Ports
                 of
                 better
                 advantage
                 .
              
               
                 And
                 the
                 late
                 Queen
                 anno
                 1567.
                 
                 causeth
                 by
                 warrant
                 of
                 Privy
                 Seal
                 a
                 great
                 proportion
                 of
                 Beer
                 to
                 be
                 purveyed
                 ,
                 transported
                 and
                 sold
                 to
                 her
                 use
                 beyond
                 the
                 Seas
                 .
              
               
                 KIngs
                 raise
                 money
                 and
                 improve
                 the
                 Revenue
                 of
                 their
                 Crown
              
               
                 By
                 licencing
                 others
                 to
                 trade
                 Commodities
                 .
                 
                   
                     Lawful
                     Or
                  
                   
                     Vnlawful
                     .
                  
                
              
            
             
               
                 1.
                 
                 Lawfully
                 ,
                 but
                 solely
                 .
              
               
                 Thus
                 did
                 Henry
                 6.
                 
                 by
                 approbation
                 of
                 Parliament
                 ,
                 with
                 all
                 the
                 trade
                 of
                 Allome
                 ,
                 for
                 two
                 years
                 granted
                 to
                 the
                 Merchants
                 of
                 Southampton
                 for
                 8000.
                 1.
                 
                 And
                 again
                 for
                 the
                 like
                 sum
                 to
                 those
                 of
                 Genoway
                 .
              
            
             
               
                 2.
                 
                 Unlawful
                 or
                 Prohibited
                 .
              
               
                 Thus
                 did
                 many
                 of
                 the
                 Kings
                 ,
                 
                 (
                 after
                 such
                 time
                 as
                 the
                 heavy
                 burthen
                 of
                 imposition
                 began
                 in
                 the
                 miserable
                 necessity
                 of
                 Henry
                 3.
                 called
                 then
                 by
                 no
                 better
                 name
                 then
                 Maltolt
                 )
                 and
                 continued
                 until
                 the
                 15.
                 year
                 of
                 Richard
                 2.
                 by
                 divers
                 intermissions
                 ,
                 for
                 then
                 I
                 find
                 the
                 last
                 petition
                 of
                 many
                 in
                 Parliament
                 against
                 it
                 ,
                 was
                 altogether
                 taken
                 away
                 .
                 For
                 when
                 Richard
                 2.
                 and
                 his
                 Successors
                 found
                 the
                 Revenue
                 lessened
                 ,
                 by
                 the
                 importunate
                 cry
                 of
                 their
                 People
                 ,
                 whereby
                 
                 impositions
                 were
                 laid
                 aside
                 ,
                 they
                 began
                 to
                 advise
                 another
                 supply
                 out
                 of
                 the
                 unbounded
                 power
                 of
                 supposed
                 prerogative
                 ,
                 and
                 finding
                 a
                 greedy
                 desire
                 of
                 one
                 Merchant
                 to
                 prevent
                 another
                 of
                 his
                 market
                 (
                 restrained
                 by
                 that
                 Act
                 or
                 Statute
                 ,
                 which
                 tyed
                 them
                 to
                 one
                 time
                 ,
                 and
                 to
                 one
                 Port
                 Callaice
                 ,
                 for
                 all
                 staple
                 commodities
                 )
                 they
                 used
                 to
                 sell
                 Licences
                 with
                 a
                 clause
                 of
                 
                   Non
                   obstante
                
                 of
                 any
                 statute
                 ,
                 whereby
                 they
                 dispensed
                 with
                 multitudes
                 ,
                 to
                 trade
                 with
                 what
                 commodities
                 and
                 to
                 what
                 places
                 they
                 would
                 .
              
               
                 To
                 the
                 Merchants
                 of
                 
                   Newcastle
                   Richard
                
                 2.
                 
                 gave
                 leave
                 to
                 carry
                 wool-fells
                 &c.
                 to
                 any
                 other
                 Port
                 besides
                 Callaice
                 ,
                 upon
                 condition
                 that
                 they
                 should
                 pay
                 for
                 them
                 Custome
                 and
                 Subsidie
                 according
                 
                   Le
                   sage
                   discretion
                   de
                   vouz
                   ou
                   de
                   vostre
                   sage
                   Counceil
                   .
                
              
               
                 To
                 diverse
                 Citizens
                 of
                 
                   London
                   ,
                   Henry
                
                 4.
                 in
                 the
                 like
                 sort
                 dispenceth
                 for
                 great
                 quantity
                 of
                 Tinne
                 for
                 seven
                 years
                 ,
                 paying
                 400.
                 1.
                 yearly
                 above
                 the
                 usual
                 Custome
                 .
              
               
                 Henry
                 6.
                 
                 annis
                 5.
                 21.
                 30.
                 reneweth
                 to
                 the
                 Town
                 of
                 Newcastle
                 the
                 same
                 licence
                 they
                 had
                 
                   anno
                   20.
                   
                   Richard
                
                 2.
                 and
                 granteth
                 600.
                 sacks
                 of
                 Wool
                 to
                 
                   Benedict
                   Benoni
                
                 Merchant
                 of
                 Florence
                 ,
                 
                 with
                 
                   non
                   obstante
                
                 any
                 statute
                 or
                 restraint
                 :
                 In
                 this
                 year
                 such
                 Licences
                 were
                 so
                 frequent
                 ,
                 that
                 the
                 Town
                 of
                 Callaice
                 complained
                 in
                 Parliament
                 of
                 their
                 decay
                 thereby
                 ;
                 yet
                 without
                 relief
                 as
                 it
                 seemeth
                 .
                 For
                 the
                 same
                 King
                 anno
                 36.
                 giveth
                 leave
                 to
                 
                   Lawrence
                   Barbarico
                
                 to
                 transport
                 from
                 London
                 to
                 Cicester
                 12000.
                 sacks
                 of
                 Wool
                 to
                 
                 what
                 Ports
                 he
                 list
                 :
                 And
                 
                   Edward
                   4.
                   anno
                
                 10
                 ,
                 borrowing
                 12000
                 ,
                 
                 l.
                 of
                 divers
                 Merchants
                 ,
                 permitteth
                 them
                 
                   non
                   obstante
                
                 any
                 Law
                 to
                 carry
                 any
                 staple
                 commodities
                 to
                 the
                 Straits
                 of
                 Morocco
                 until
                 they
                 were
                 satisfied
                 their
                 sum
                 .
              
               
                 Henry
                 the
                 7.
                 raiseth
                 much
                 money
                 ,
                 by
                 giving
                 leave
                 to
                 many
                 Merchants
                 to
                 trade
                 inward
                 and
                 outward
                 Commodities
                 prohibited
                 ,
                 
                 as
                 to
                 
                   Alonso
                   de
                   Burgues
                
                 great
                 proportions
                 of
                 Ode
                 Anno
                 6.
                 and
                 to
                 a
                 multitude
                 of
                 others
                 all
                 kind
                 of
                 grain
                 and
                 other
                 forbidden
                 things
                 ,
                 as
                 in
                 annis
                 20
                 ,
                 21
                 ,
                 22.
                 
              
               
                 KIngs
                 raise
                 money
                 and
                 improve
                 the
                 Revenues
                 of
                 the
                 Crown
                 ,
                 by
                 improving
                 customes
                 .
              
               
                 By
                 
                   
                     1.
                     
                     Farming
                     out
                     of
                     Ships
                     .
                  
                   
                     2.
                     
                     Raising
                     the
                     book
                     of
                     Rates
                     .
                  
                   
                     3.
                     
                     Farming
                     the
                     Customes
                     .
                  
                
              
            
             
               
                 1.
                 
                 Farming
                 out
                 of
                 Ships
                 .
              
               
                 To
                 the
                 Merchants
                 ,
                 and
                 taking
                 security
                 of
                 them
                 ,
                 either
                 to
                 bting
                 in
                 or
                 carry
                 out
                 yearly
                 asmuch
                 Commodities
                 ,
                 as
                 shall
                 yield
                 the
                 King
                 in
                 Customes
                 the
                 sum
                 agreed
                 on
                 ,
                 or
                 else
                 to
                 make
                 it
                 up
                 out
                 of
                 their
                 own
                 money
                 .
              
               
                 Thus
                 did
                 Henry
                 7.
                 
                 many
                 years
                 ,
                 not
                 only
                 with
                 his
                 Ships
                 ,
                 but
                 with
                 divers
                 stocks
                 of
                 money
                 .
              
            
             
               
               
                 2.
                 
                 Raising
                 the
                 Book
                 of
                 Rates
                 .
              
               
                 This
                 was
                 in
                 some
                 sort
                 done
                 
                   Consensis
                   Mercatorum
                
                 by
                 Edward
                 1.
                 
                 and
                 Edward
                 3.
                 and
                 again
                 in
                 Henry
                 8.
                 time
                 ,
                 of
                 which
                 the
                 house
                 of
                 Burgundie
                 complained
                 ,
                 as
                 against
                 the
                 treaty
                 of
                 entercourse
                 ;
                 and
                 of
                 late
                 so
                 stretched
                 ,
                 as
                 it
                 is
                 feared
                 it
                 will
                 prove
                 the
                 overthrow
                 of
                 trade
                 :
                 neither
                 do
                 I
                 find
                 this
                 course
                 at
                 any
                 other
                 time
                 .
              
               
                 As
                 a
                 branch
                 of
                 this
                 ,
                 may
                 aptly
                 fall
                 out
                 the
                 benefit
                 Princes
                 made
                 by
                 a
                 prerogative
                 power
                 of
                 imposing
                 inward
                 and
                 outward
                 upon
                 Commodities
                 ,
                 over
                 and
                 above
                 the
                 antient
                 Custome
                 of
                 Subsidie
                 .
                 The
                 first
                 that
                 used
                 this
                 course
                 after
                 the
                 Statute
                 was
                 settled
                 ,
                 from
                 a
                 King
                 of
                 voluntary
                 government
                 after
                 the
                 Conquest
                 (
                 when
                 as
                 Kings
                 ruled
                 more
                 by
                 the
                 edge
                 of
                 the
                 Sword
                 then
                 by
                 rule
                 of
                 Law
                 )
                 was
                 Henry
                 3.
                 
                 about
                 the
                 entrance
                 of
                 his
                 Reign
                 ;
                 But
                 finding
                 it
                 to
                 be
                 an
                 apparent
                 overthrow
                 of
                 Commerce
                 and
                 Trade
                 ,
                 and
                 against
                 the
                 great
                 Charter
                 ;
                 made
                 proclamation
                 anno
                 16.
                 
                 in
                 all
                 Ports
                 of
                 England
                 that
                 all
                 Merchants
                 might
                 come
                 
                   faciendo
                   rectas
                   et
                   debitas
                   consuetudines
                   ,
                   nec
                   sibi
                   timeant
                   de
                   malis
                   toltis
                   ,
                
                 for
                 it
                 had
                 no
                 better
                 name
                 then
                 Maletolts
                 .
                 
              
               
                 Some
                 impositions
                 being
                 laid
                 by
                 Edward
                 1.
                 he
                 in
                 anno
                 25.
                 taketh
                 them
                 away
                 ,
                 with
                 promise
                 that
                 neither
                 he
                 nor
                 his
                 Successors
                 should
                 do
                 any
                 such
                 thing
                 without
                 assent
                 of
                 the
                 Parliament
                 ,
                 
                 granting
                 in
                 anno
                 31.
                 to
                 the
                 Merchants
                 many
                 immunities
                 ,
                 as
                 release
                 
                 of
                 prisage
                 ,
                 for
                 which
                 they
                 requite
                 him
                 with
                 some
                 increase
                 of
                 Customes
                 ,
                 but
                 not
                 as
                 imposed
                 by
                 his
                 own
                 power
                 :
                 For
                 he
                 in
                 anno
                 34.
                 declareth
                 that
                 no
                 tallage
                 or
                 aide
                 should
                 be
                 levied
                 without
                 the
                 assent
                 of
                 Parliament
                 ,
                 nor
                 nothing
                 to
                 be
                 taken
                 of
                 Woolls
                 by
                 colour
                 of
                 Maletolt
                 .
              
               
                 In
                 Edward
                 2.
                 time
                 ,
                 it
                 appeareth
                 that
                 levying
                 of
                 new
                 Customes
                 and
                 raising
                 of
                 old
                 ,
                 was
                 the
                 destruction
                 of
                 Traffique
                 ,
                 and
                 therefore
                 repealeth
                 all
                 Maletoltes
                 ,
                 only
                 in
                 anno
                 11
                 ,
                 12.
                 
                 taketh
                 by
                 way
                 of
                 Lone
                 ,
                 and
                 with
                 leave
                 of
                 the
                 Merchants
                 ,
                 some
                 former
                 increase
                 upon
                 Wools
                 ,
                 ascribing
                 nothing
                 to
                 any
                 supream
                 power
                 to
                 impose
                 .
              
               
                 The
                 like
                 did
                 Ed.
                 the
                 3.
                 
                 anno
                 1.
                 confirming
                 in
                 anno
                 2.
                 the
                 great
                 Charter
                 for
                 free
                 traffique
                 :
                 but
                 having
                 about
                 
                   anno
                   quinto
                
                 granted
                 certain
                 Commissions
                 for
                 a
                 new
                 kind
                 of
                 raising
                 tallage
                 ,
                 the
                 People
                 complained
                 the
                 year
                 following
                 ,
                 whereupon
                 he
                 repealed
                 the
                 said
                 Commissions
                 ,
                 and
                 promiseth
                 never
                 to
                 assess
                 any
                 ,
                 but
                 as
                 in
                 time
                 of
                 his
                 Ancestors
                 .
                 After
                 in
                 anno
                 11.
                 by
                 reason
                 of
                 a
                 Statute
                 then
                 made
                 (
                 restraining
                 all
                 men
                 upon
                 pain
                 of
                 death
                 for
                 transporting
                 any
                 Wools
                 without
                 licence
                 from
                 the
                 King
                 and
                 Councel
                 )
                 Edward
                 the
                 third
                 made
                 great
                 advantage
                 by
                 selling
                 of
                 Dispensations
                 of
                 that
                 Law
                 ,
                 and
                 grounded
                 upon
                 it
                 many
                 impositions
                 ;
                 but
                 it
                 grew
                 so
                 heavy
                 upon
                 the
                 People
                 ,
                 
                 that
                 their
                 discontentments
                 so
                 far
                 increased
                 ,
                 that
                 the
                 King
                 was
                 enforced
                 to
                 cause
                 the
                 Arch-bishop
                 of
                 Conterbury
                 to
                 perswade
                 
                 them
                 to
                 patience
                 by
                 his
                 Godly
                 exhortations
                 ,
                 yet
                 notwithstanding
                 he
                 continued
                 by
                 gentle
                 intermissions
                 the
                 advantage
                 he
                 had
                 by
                 that
                 late
                 undecimo
                 ,
                 taking
                 an
                 improvement
                 of
                 Custome
                 for
                 opening
                 the
                 passage
                 that
                 thereby
                 was
                 shut
                 in
                 anno
                 13.
                 
                 until
                 the
                 same
                 year
                 the
                 State
                 made
                 purchase
                 of
                 their
                 former
                 freedome
                 ,
                 and
                 discharge
                 of
                 the
                 Malotolt
                 ,
                 by
                 granting
                 the
                 tenth
                 sheafe
                 and
                 fleece
                 &c.
                 
              
               
                 And
                 thus
                 it
                 continued
                 all
                 his
                 reign
                 ,
                 being
                 a
                 time
                 of
                 great
                 necessity
                 and
                 expence
                 by
                 reason
                 of
                 his
                 Wars
                 ,
                 he
                 sometimes
                 taking
                 an
                 advantage
                 either
                 to
                 raise
                 an
                 imposition
                 ,
                 or
                 else
                 to
                 gain
                 aide
                 from
                 the
                 People
                 in
                 discharge
                 thereof
                 ,
                 they
                 continually
                 urging
                 the
                 injury
                 in
                 barring
                 them
                 their
                 birth-right
                 :
                 And
                 the
                 King
                 on
                 the
                 other
                 side
                 the
                 greatness
                 of
                 his
                 own
                 occasions
                 ,
                 and
                 it
                 may
                 be
                 gathered
                 by
                 Record
                 ,
                 that
                 thus
                 it
                 held
                 on
                 until
                 the
                 15.
                 
                 Richard
                 2.
                 in
                 which
                 year
                 is
                 the
                 last
                 petition
                 against
                 impositions
                 ,
                 generally
                 grounded
                 in
                 likelyhood
                 from
                 the
                 Kings
                 power
                 in
                 restraining
                 or
                 permitting
                 trade
                 all
                 the
                 time
                 after
                 ;
                 
                 though
                 licences
                 with
                 
                   non
                   obstante
                
                 were
                 ordinary
                 ,
                 yet
                 were
                 they
                 to
                 private
                 persons
                 and
                 for
                 particular
                 proportions
                 of
                 Commodities
                 ,
                 whereby
                 the
                 Kings
                 succeeding
                 raised
                 no
                 less
                 benefit
                 then
                 by
                 sale
                 of
                 any
                 general
                 permission
                 .
                 To
                 this
                 of
                 imposition
                 I
                 may
                 add
                 the
                 rule
                 I
                 find
                 ,
                 
                   anno
                   12.
                   
                   Henry
                
                 6.
                 
                 made
                 in
                 Councel
                 ,
                 that
                 the
                 value
                 of
                 all
                 goods
                 for
                 the
                 payment
                 Subsidie
                 ,
                 shall
                 be
                 
                 rated
                 of
                 Commodities
                 domestique
                 as
                 they
                 may
                 be
                 sold
                 between
                 Merchant
                 and
                 Merchant
                 :
                 And
                 if
                 forreign
                 ,
                 then
                 so
                 it
                 shall
                 appear
                 upon
                 Oath
                 of
                 the
                 Merchant
                 or
                 his
                 Factor
                 ,
                 they
                 stood
                 them
                 in
                 at
                 the
                 first
                 ;
                 
                 and
                 the
                 general
                 Maxime
                 which
                 limits
                 all
                 regall
                 advantage
                 upon
                 trade
                 of
                 Merchants
                 is
                 ,
                 
                   ut
                   Causa
                   honesta
                   sit
                   et
                   necessaria
                   ,
                   ratio
                   facilis
                   ,
                   tempus
                   idoneum
                   .
                
              
            
             
               
                 3.
                 
                 Farming
                 out
                 of
                 Customes
                 .
              
               
                 So
                 did
                 Edward
                 3.
                 with
                 the
                 new
                 and
                 old
                 Customes
                 at
                 London
                 for
                 1000.
                 
                 
                 Markes
                 monethly
                 to
                 be
                 paid
                 unto
                 the
                 Wardrobe
                 .
                 The
                 like
                 he
                 did
                 anno
                 17.
                 
              
               
                 
                   Richard
                   2.
                   anno
                
                 20.
                 letteth
                 out
                 for
                 term
                 of
                 life
                 the
                 Subsidie
                 of
                 Cloth
                 in
                 divers
                 Countries
                 .
              
               
                 And
                 
                   Edward
                   4.
                   anno
                
                 1.
                 the
                 subsidie
                 and
                 usuage
                 of
                 Cloth.
                 
              
               
                 Thus
                 did
                 Henry
                 8.
                 with
                 his
                 Customes
                 ,
                 and
                 since
                 his
                 time
                 ,
                 the
                 late
                 Queen
                 ,
                 and
                 our
                 now
                 Soveraign
                 Master
                 ;
                 and
                 it
                 was
                 so
                 then
                 in
                 use
                 in
                 the
                 best
                 governed
                 State
                 Rome
                 ,
                 which
                 let
                 out
                 portions
                 and
                 decim's
                 to
                 the
                 Publicans
                 .
              
               
                 KIngs
                 raise
                 money
                 ,
                 and
                 improve
                 the
                 Revenues
                 of
                 the
                 Crown
                 .
              
               
               
                 By
                 Regalities
                 ;
                 
                   
                     1.
                     
                     Temporal
                     ,
                     as
                     for
                     
                       
                         Liberties
                         .
                      
                       
                         Penalties
                         of
                         Lawes
                         ,
                      
                       
                         Letters
                         of
                         Favour
                         .
                      
                    
                  
                   
                     2.
                     
                     Mixt.
                     
                  
                
              
            
             
               
                 Liberties
                 .
              
               
                 In
                 granting
                 ,
                 restraining
                 or
                 renewing
                 them
                 .
                 It
                 is
                 a
                 course
                 usual
                 ,
                 that
                 Kings
                 have
                 raised
                 in
                 money
                 by
                 calling
                 in
                 question
                 the
                 Charters
                 and
                 Liberties
                 of
                 Corporations
                 ,
                 Leets
                 ,
                 Free-Warrens
                 ,
                 and
                 other
                 Royalties
                 .
              
               
                 
                   Thus
                   did
                
                 Richard
                 1.
                 
                 proclaiming
                 ,
                 Quod
                 omnes
                 chartae
                 et
                 confirmationes
                 ,
                 quae
                 prioris
                 sigilli
                 impressione
                 roberaverint
                 ,
                 irritae
                 forent
                 nisi
                 posteriori
                 sigillo
                 roborentur
                 .
              
               
                 And
                 Henry
                 3.
                 anno
                 10.
                 
                   enjoyned
                   all
                
                 qui
                 suis
                 volebant
                 Libertatibus
                 gaudere
                 ,
                 ut
                 innovarent
                 chartas
                 suas
                 de
                 novo
                 Regis
                 sigillo
                 ,
                 
                   getting
                   money
                   thereby
                
                 .
              
               
                 Edward
                 1.
                 by
                 divers
                 Commissions
                 with
                 articles
                 (
                 called
                 
                   Articuli
                   de
                   Ragman
                
                 )
                 annexed
                 to
                 them
                 ,
                 
                 called
                 in
                 question
                 about
                 anno
                 70.
                 all
                 the
                 liberties
                 and
                 freedomes
                 of
                 
                   England
                   ;
                   Gilbert
                   de
                   Thorneton
                
                 his
                 Attorney
                 putting
                 information
                 by
                 
                   Quo
                   warranto
                
                 against
                 all
                 persons
                 ,
                 as
                 well
                 bodies
                 Politick
                 as
                 others
                 ;
                 whereby
                 they
                 were
                 inforced
                 anew
                 to
                 renew
                 their
                 Charters
                 and
                 Fines
                 for
                 their
                 Liberties
                 .
              
               
                 The
                 like
                 was
                 in
                 anno
                 13.
                 
                 
                 Edward
                 3.
                 in
                 whose
                 time
                 anno
                 9.
                 all
                 clauses
                 of
                 allowances
                 by
                 Charter
                 of
                 Amerciaments
                 ,
                 Fines
                 ,
                 &c.
                 imposed
                 by
                 the
                 Kings
                 Ministers
                 upon
                 any
                 of
                 the
                 Tenants
                 ,
                 of
                 other
                 men
                 were
                 adjudged
                 
                 void
                 ,
                 and
                 the
                 penalties
                 made
                 payable
                 to
                 the
                 Kings
                 Officers
                 ,
                 unless
                 they
                 made
                 a
                 new
                 purchase
                 of
                 their
                 Liberties
                 .
                 And
                 this
                 was
                 one
                 of
                 the
                 usualest
                 and
                 easiest
                 meanes
                 to
                 raise
                 money
                 from
                 the
                 People
                 ;
                 because
                 it
                 lighteth
                 onely
                 upon
                 the
                 best
                 abilities
                 .
                 And
                 if
                 there
                 were
                 now
                 but
                 20.
                 l.
                 taken
                 of
                 every
                 Corporation
                 ;
                 of
                 every
                 person
                 that
                 holdeth
                 by
                 Charter
                 his
                 Liberties
                 5.l
                 .
                 for
                 renewing
                 them
                 :
                 and
                 of
                 every
                 one
                 that
                 claimeth
                 by
                 prescription
                 10.
                 l.
                 for
                 purchase
                 of
                 a
                 Charter
                 ,
                 all
                 which
                 would
                 be
                 easie
                 and
                 acceptable
                 ,
                 it
                 would
                 amount
                 to
                 above
                 100000.
                 l.
                 
              
               
                 For
                 penal
                 Lawes
                 that
                 have
                 been
                 sometimes
                 but
                 with
                 ill
                 success
                 wrought
                 upon
                 .
              
               
                 When
                 Richard
                 2.
                 
                 anno
                 22.
                 began
                 this
                 course
                 ,
                 appointing
                 in
                 all
                 his
                 Commissions
                 and
                 instructions
                 ,
                 Bushey
                 onely
                 to
                 be
                 of
                 the
                 Quorum
                 for
                 compounding
                 with
                 the
                 Delinquents
                 ,
                 it
                 wrought
                 in
                 the
                 affection
                 of
                 his
                 People
                 such
                 distaste
                 ,
                 that
                 it
                 grew
                 the
                 death
                 of
                 the
                 one
                 ,
                 and
                 deposition
                 of
                 the
                 other
                 .
              
               
                 No
                 less
                 fatal
                 was
                 the
                 like
                 to
                 Empson
                 :
                 
                 and
                 there
                 is
                 no
                 string
                 will
                 sooner
                 j●rre
                 in
                 the
                 Common-Wealth
                 then
                 this
                 ,
                 if
                 it
                 be
                 generally
                 touched
                 .
              
            
             
               
                 For
                 Letters
                 of
                 Fav●●●
                 .
              
               
                 Either
                 for
                 mitigation
                 of
                 dispatch
                 of
                 Justice
                 .
              
               
                 Of
                 the
                 first
                 sort
                 there
                 be
                 many
                 found
                 
                 in
                 Henry
                 6.
                 and
                 Edward
                 4.
                 time
                 ,
                 sometimes
                 of
                 protection
                 ,
                 although
                 by
                 course
                 of
                 the
                 Common
                 Law
                 none
                 are
                 warrantable
                 but
                 to
                 such
                 as
                 are
                 going
                 in
                 
                   obsequium
                   Regis
                
                 ,
                 or
                 
                   ibidem
                   moraturi
                
                 ,
                 sometimes
                 freeing
                 men
                 from
                 Arrests
                 by
                 calling
                 them
                 up
                 to
                 appear
                 before
                 the
                 Kings
                 Councel
                 :
                 Sometimes
                 in
                 causes
                 highly
                 criminal
                 releiving
                 the
                 Prisoner
                 ,
                 in
                 commanding
                 the
                 Judges
                 to
                 make
                 stay
                 of
                 all
                 proceeding
                 upon
                 supposal
                 of
                 indirect
                 practises
                 until
                 the
                 King
                 was
                 better
                 informed
                 .
              
               
                 Of
                 the
                 second
                 sort
                 there
                 are
                 many
                 in
                 Henry
                 7.
                 time
                 ,
                 
                 where
                 the
                 King
                 hath
                 taken
                 money
                 for
                 writing
                 to
                 the
                 Judges
                 of
                 Assize
                 his
                 Letters
                 of
                 Favour
                 .
              
            
             
               
                 For
                 Offices
                 .
              
               
                 Thus
                 did
                 King
                 John
                 with
                 the
                 Chancellor-ship
                 ,
                 selling
                 it
                 for
                 term
                 of
                 life
                 to
                 Gray
                 for
                 5000.
                 
                 Markes
                 :
                 divers
                 offices
                 now
                 in
                 the
                 gift
                 of
                 the
                 Master
                 of
                 the
                 Rolls
                 were
                 engaged
                 to
                 the
                 Chancellour
                 and
                 Treasurer
                 of
                 England
                 ,
                 as
                 are
                 to
                 be
                 found
                 in
                 Record
                 of
                 
                   Henry
                   4.
                   
                   Henry
                
                 5.
                 and
                 Henry
                 6.
                 to
                 be
                 passed
                 by
                 warrant
                 of
                 the
                 Kings
                 hand
                 ,
                 and
                 upon
                 some
                 consideration
                 .
                 And
                 Henry
                 7.
                 renewed
                 this
                 course
                 ,
                 using
                 Dudley
                 as
                 his
                 instrument
                 to
                 compound
                 with
                 Suitors
                 of
                 those
                 and
                 any
                 other
                 places
                 .
              
               
                 And
                 by
                 that
                 Record
                 we
                 find
                 the
                 Chancellor
                 ,
                 the
                 Chief
                 Justice
                 ,
                 the
                 Keepers
                 of
                 most
                 of
                 the
                 Records
                 ,
                 the
                 Clerks
                 of
                 the
                 
                 Assizes
                 and
                 Peace
                 ,
                 the
                 Masters
                 of
                 his
                 Game
                 and
                 Parks
                 ,
                 and
                 what
                 else
                 carrying
                 either
                 profit
                 or
                 reputation
                 ,
                 paid
                 to
                 the
                 King
                 some
                 proportion
                 of
                 money
                 for
                 their
                 places
                 .
                 Neither
                 is
                 this
                 different
                 from
                 the
                 course
                 of
                 other
                 States
                 .
                 For
                 in
                 
                   France
                   Lewis
                
                 12.
                 
                 called
                 the
                 Father
                 of
                 his
                 Country
                 ,
                 did
                 so
                 with
                 all
                 Offices
                 not
                 being
                 of
                 Judicature
                 ,
                 which
                 his
                 Successors
                 did
                 not
                 forbear
                 .
                 In
                 Spain
                 it
                 is
                 usual
                 ,
                 and
                 Vasqui
                 the
                 Spanish
                 Advocate
                 defendeth
                 the
                 lawfulness
                 of
                 it
                 :
                 
                 And
                 Charles
                 the
                 fifth
                 prescribeth
                 it
                 to
                 his
                 Son
                 ,
                 as
                 a
                 rule
                 in
                 his
                 last
                 instruction
                 ,
                 drawing
                 his
                 ground
                 of
                 reason
                 and
                 conveniency
                 ,
                 from
                 the
                 example
                 and
                 practise
                 of
                 the
                 See
                 at
                 Rome
                 .
                 The
                 like
                 might
                 be
                 of
                 all
                 inferiour
                 promotions
                 that
                 are
                 or
                 may
                 be
                 in
                 the
                 Kings
                 gift
                 ,
                 whether
                 Ecclesiastical
                 or
                 Temporal
                 ,
                 if
                 they
                 were
                 after
                 the
                 true
                 value
                 in
                 profit
                 and
                 reputation
                 listed
                 into
                 rankes
                 ,
                 according
                 to
                 the
                 several
                 natures
                 of
                 their
                 imployments
                 respectively
                 .
              
            
             
               
                 For
                 Honours
                 .
              
               
                 And
                 that
                 either
                 by
                 Power
                 legal
                 or
                 Election
                 .
              
               
                 Of
                 the
                 first
                 it
                 is
                 only
                 in
                 respect
                 of
                 Land
                 ,
                 whereby
                 every
                 man
                 is
                 to
                 fine
                 when
                 the
                 King
                 shall
                 require
                 ,
                 that
                 hath
                 ability
                 to
                 be
                 made
                 a
                 Knight
                 and
                 is
                 not
                 ,
                 of
                 this
                 sort
                 there
                 be
                 plenty
                 of
                 Examples
                 .
              
               
                 The
                 other
                 out
                 of
                 choise
                 and
                 Grace
                 ,
                 as
                 
                   Hugo
                   de
                   Putiaco
                
                 Bishop
                 of
                 Durham
                 ,
                 was
                 by
                 
                 King
                 Richard
                 1.
                 created
                 Earl
                 of
                 Northumberland
                 for
                 a
                 great
                 sum
                 of
                 money
                 :
                 And
                 I
                 doubt
                 not
                 but
                 many
                 of
                 these
                 times
                 would
                 set
                 their
                 ambition
                 at
                 as
                 high
                 a
                 price
                 .
                 And
                 for
                 his
                 Majesty
                 now
                 to
                 make
                 a
                 degree
                 of
                 honour
                 hereditary
                 ,
                 as
                 Barronets
                 ,
                 next
                 under
                 Barons
                 ,
                 and
                 grant
                 them
                 in
                 tail
                 ,
                 taking
                 of
                 every
                 one
                 1000.
                 l.
                 in
                 fine
                 ,
                 it
                 would
                 raise
                 with
                 ease
                 100000.
                 l.
                 and
                 by
                 a
                 judicious
                 election
                 be
                 a
                 meanes
                 to
                 content
                 those
                 worthy
                 persons
                 in
                 the
                 Common-Wealth
                 that
                 by
                 the
                 confused
                 admission
                 of
                 many
                 Knights
                 of
                 the
                 Bath
                 held
                 themselves
                 all
                 this
                 time
                 disgraced
                 .
              
            
             
               
                 For
                 the
                 Coine
                 and
                 Bullion
                 .
              
               
                 By
                 which
                 although
                 some
                 Kings
                 out
                 of
                 a
                 last
                 shift
                 ,
                 have
                 seemed
                 to
                 relieve
                 themselves
                 ,
                 yet
                 was
                 it
                 in
                 truth
                 full
                 of
                 danger
                 and
                 distrust
                 to
                 the
                 Common-wealth
                 ;
                 being
                 an
                 assured
                 token
                 of
                 a
                 bankrupt
                 state
                 :
                 and
                 to
                 the
                 Prince
                 in
                 conclusion
                 ,
                 of
                 most
                 disadvantage
                 .
                 For
                 the
                 Revenues
                 of
                 the
                 Crown
                 being
                 commonly
                 incertain
                 Rents
                 ,
                 they
                 must
                 in
                 true
                 value
                 ,
                 howsoever
                 in
                 verbal
                 sound
                 ,
                 be
                 abated
                 to
                 the
                 proportion
                 that
                 the
                 Money
                 shall
                 be
                 abased
                 .
                 And
                 every
                 man
                 will
                 rate
                 his
                 Commodity
                 in
                 Sale
                 ,
                 not
                 according
                 to
                 the
                 accompt
                 of
                 pence
                 or
                 pounds
                 ,
                 but
                 to
                 the
                 weight
                 of
                 pure
                 Silver
                 contained
                 in
                 the
                 currant
                 money
                 .
                 As
                 for
                 example
                 ,
                 That
                 which
                 was
                 before
                 the
                 dec●ying
                 of
                 the
                 Coine
                 worth
                 five
                 shillings
                 
                 the
                 pouud
                 weight
                 ,
                 will
                 (
                 if
                 the
                 allay
                 be
                 to
                 the
                 half
                 )
                 be
                 held
                 at
                 ten
                 shillings
                 ;
                 and
                 so
                 in
                 every
                 proportion
                 respectively
                 .
                 For
                 money
                 is
                 not
                 meerly
                 to
                 be
                 esteemed
                 in
                 respect
                 of
                 the
                 Sculpture
                 or
                 Figure
                 ;
                 but
                 it
                 must
                 value
                 
                   in
                   pecunia
                   quantum
                   in
                   massa
                
                 :
                 And
                 Silver
                 is
                 a
                 Commodity
                 as
                 other
                 Wares
                 ,
                 and
                 therefore
                 holdeth
                 his
                 estimation
                 as
                 they
                 do
                 according
                 to
                 the
                 goodness
                 .
                 And
                 the
                 Lord
                 Treasurer
                 Burleigh
                 in
                 Anno
                 1561.
                 when
                 the
                 currant
                 of
                 State-Councel
                 affected
                 an
                 abasement
                 of
                 Coine
                 ,
                 after
                 a
                 grave
                 deliberation
                 advised
                 the
                 Queen
                 from
                 it
                 ,
                 and
                 never
                 would
                 give
                 way
                 to
                 any
                 such
                 resolution
                 in
                 his
                 time
                 .
                 But
                 that
                 benefit
                 which
                 truly
                 the
                 King
                 might
                 more
                 make
                 of
                 Bullion
                 then
                 now
                 he
                 doth
                 ,
                 is
                 to
                 erect
                 again
                 
                   Cambium
                   Regis
                
                 his
                 own
                 exchange
                 .
                 An
                 office
                 as
                 antient
                 as
                 before
                 Henry
                 3.
                 and
                 so
                 continued
                 unto
                 the
                 middle
                 of
                 Henry
                 8.
                 the
                 profit
                 of
                 it
                 being
                 now
                 ingrossed
                 among
                 a
                 few
                 Gold-Smiths
                 ,
                 and
                 would
                 yield
                 above
                 10000.
                 l.
                 a
                 year
                 if
                 it
                 were
                 heedfully
                 regarded
                 ,
                 and
                 then
                 should
                 the
                 King
                 himself
                 keep
                 his
                 Mint
                 in
                 continual
                 work
                 ,
                 and
                 not
                 stand
                 at
                 the
                 devotion
                 of
                 others
                 to
                 supply
                 Bullion
                 ,
                 and
                 should
                 never
                 want
                 ,
                 the
                 materials
                 ,
                 if
                 two
                 things
                 were
                 observed
                 :
                 The
                 one
                 to
                 permit
                 all
                 men
                 bringing
                 in
                 Bullion
                 ,
                 to
                 trade
                 outward
                 the
                 value
                 thereof
                 in
                 domestick
                 Commodities
                 at
                 an
                 abated
                 Custome
                 .
              
               
                 The
                 other
                 to
                 abate
                 the
                 mighty
                 indraught
                 of
                 forreign
                 manufactures
                 ,
                 and
                 unnecessary
                 Wares
                 ,
                 that
                 the
                 outward
                 trade
                 
                 might
                 over-balance
                 the
                 inward
                 ,
                 which
                 otherwise
                 will
                 (
                 as
                 it
                 hath
                 done
                 )
                 draw
                 on
                 this
                 desperate
                 consumption
                 of
                 the
                 Common-Wealth
                 :
                 Which
                 
                   anno
                   27.
                   
                   Edward
                
                 3.
                 was
                 otherwise
                 ,
                 for
                 then
                 the
                 Exitus
                 exceeded
                 the
                 Introitus
                 by
                 far
                 ,
                 and
                 in
                 the
                 last
                 times
                 of
                 the
                 late
                 Queen
                 as
                 in
                 anno
                 1573.
                 
                 For
                 at
                 this
                 time
                 the
                 unmeasurable
                 use
                 of
                 luxurious
                 Commodities
                 was
                 brought
                 in
                 (
                 as
                 Wines
                 ,
                 
                 Spices
                 ,
                 Silk
                 ,
                 and
                 fine
                 Linnens
                 ,
                 &c.
                 )
                 for
                 of
                 the
                 latter
                 sort
                 of
                 above
                 ten
                 groats
                 the
                 Ell
                 there
                 is
                 above
                 360000.
                 l.
                 yearly
                 spent
                 ,
                 which
                 is
                 half
                 the
                 value
                 of
                 our
                 cloths
                 transported
                 ,
                 maketh
                 the
                 State
                 to
                 buy
                 more
                 then
                 they
                 do
                 sell
                 ,
                 whereas
                 a
                 good
                 Father
                 of
                 a
                 family
                 ought
                 to
                 be
                 vendacem
                 and
                 not
                 emacem
                 .
                 Besides
                 the
                 condition
                 of
                 our
                 People
                 is
                 now
                 such
                 ,
                 that
                 the
                 greater
                 part
                 neither
                 get
                 nor
                 save
                 ,
                 which
                 in
                 a
                 private
                 house
                 is
                 an
                 apparent
                 argument
                 of
                 ruining
                 ,
                 and
                 must
                 be
                 no
                 less
                 in
                 a
                 Common-Wealth
                 .
                 And
                 it
                 is
                 observed
                 generally
                 ,
                 that
                 hence
                 the
                 want
                 of
                 Bullioin
                 now
                 is
                 such
                 ,
                 that
                 there
                 is
                 not
                 money
                 in
                 Specie
                 sufficient
                 to
                 pay
                 the
                 lenders
                 their
                 principal
                 ,
                 so
                 that
                 usury
                 is
                 paid
                 for
                 money
                 upon
                 supposition
                 ,
                 and
                 not
                 really
                 .
              
               
                 If
                 then
                 his
                 Majesty
                 shall
                 be
                 pleased
                 by
                 advise
                 of
                 his
                 Councel
                 ,
                 to
                 advantage
                 himself
                 any
                 otherwise
                 by
                 coinage
                 ,
                 it
                 will
                 be
                 safer
                 to
                 do
                 it
                 upon
                 a
                 simple
                 mettal
                 ,
                 then
                 by
                 any
                 implyant
                 or
                 beater
                 suite
                 ,
                 which
                 well
                 governed
                 States
                 both
                 modern
                 and
                 antient
                 used
                 :
                 For
                 Rome
                 in
                 her
                 increase
                 and
                 greatest
                 
                 pitch
                 of
                 glory
                 had
                 their
                 money
                 
                   aere
                   argento
                   ,
                   auro
                   puto
                   puro
                   ,
                
                 and
                 so
                 have
                 all
                 the
                 Monarchies
                 absolute
                 at
                 this
                 day
                 in
                 Christendome
                 .
                 And
                 I
                 believe
                 it
                 may
                 be
                 wrought
                 to
                 his
                 Majesty
                 of
                 good
                 value
                 ,
                 and
                 to
                 the
                 State
                 of
                 much
                 ease
                 ,
                 if
                 it
                 may
                 be
                 put
                 in
                 practise
                 with
                 discreet
                 caution
                 and
                 constant
                 resolution
                 ;
                 for
                 the
                 danger
                 onely
                 may
                 be
                 in
                 the
                 venting
                 of
                 the
                 quantity
                 ,
                 which
                 may
                 clogge
                 the
                 State
                 with
                 useless
                 money
                 ,
                 or
                 extension
                 of
                 the
                 example
                 ,
                 which
                 may
                 work
                 in
                 by
                 degrees
                 an
                 embasement
                 of
                 Bullion
                 .
              
               
                 The
                 proportion
                 that
                 I
                 would
                 hold
                 beneficial
                 and
                 safe
                 ,
                 should
                 be
                 in
                 the
                 Mass
                 ,
                 at
                 first
                 120000.
                 l.
                 by
                 which
                 his
                 Majesty
                 should
                 gain
                 10000.
                 clearly
                 :
                 the
                 increase
                 annual
                 12000.
                 l.
                 in
                 which
                 his
                 Majesty
                 should
                 gain
                 1000.
                 
                 And
                 the
                 limitation
                 ,
                 that
                 none
                 be
                 enforced
                 to
                 take
                 any
                 but
                 in
                 summes
                 under
                 20
                 s.
                 and
                 then
                 but
                 the
                 twentieth
                 part
                 proportionably
                 .
              
               
                 Against
                 this
                 some
                 may
                 object
                 ,
                 that
                 it
                 will
                 either
                 not
                 advantage
                 the
                 King
                 so
                 much
                 as
                 it
                 projected
                 ,
                 either
                 from
                 the
                 difficulty
                 in
                 venting
                 ,
                 or
                 facility
                 in
                 Counterfeiting
                 ,
                 or
                 else
                 prejudice
                 the
                 estate
                 with
                 a
                 worthless
                 money
                 .
              
               
                 The
                 benefit
                 to
                 the
                 King
                 will
                 easily
                 fall
                 out
                 ,
                 if
                 he
                 restrain
                 Retailers
                 of
                 victual
                 and
                 small
                 Wares
                 from
                 using
                 their
                 own
                 tokens
                 ,
                 for
                 in
                 and
                 about
                 London
                 ,
                 there
                 are
                 above
                 3000.
                 that
                 one
                 with
                 another
                 cost
                 yearly
                 5.
                 l.
                 apiece
                 of
                 leaden
                 Tokens
                 ,
                 whereof
                 the
                 
                 tenth
                 remaineth
                 not
                 to
                 them
                 at
                 the
                 years
                 end
                 ,
                 and
                 when
                 they
                 renew
                 their
                 store
                 ,
                 which
                 amounteth
                 to
                 above
                 15000.
                 l.
                 And
                 all
                 the
                 rest
                 of
                 this
                 Realm
                 cannot
                 be
                 inferiour
                 to
                 the
                 City
                 in
                 proportion
                 .
                 And
                 the
                 form
                 and
                 figure
                 may
                 with
                 an
                 Engine
                 so
                 subtilly
                 be
                 milled
                 ,
                 that
                 the
                 charge
                 will
                 prevent
                 all
                 practise
                 of
                 false
                 play
                 .
              
               
                 For
                 the
                 prejudice
                 since
                 London
                 ,
                 which
                 is
                 not
                 the
                 24.
                 part
                 of
                 the
                 People
                 of
                 the
                 Kingdome
                 ,
                 had
                 in
                 it
                 found
                 above
                 800000.
                 by
                 a
                 late
                 inquiry
                 by
                 order
                 of
                 the
                 late
                 Queen
                 ,
                 and
                 so
                 falleth
                 out
                 to
                 be
                 2
                 d.
                 a
                 person
                 ,
                 in
                 the
                 intire
                 state
                 it
                 may
                 nothing
                 ,
                 either
                 of
                 loss
                 by
                 the
                 first
                 uttering
                 being
                 so
                 easie
                 ,
                 nor
                 burthen
                 any
                 with
                 too
                 great
                 a
                 Mass
                 at
                 a
                 time
                 ,
                 since
                 continual
                 use
                 will
                 disperse
                 so
                 small
                 a
                 quantity
                 into
                 so
                 many
                 hands
                 .
                 But
                 on
                 the
                 other
                 side
                 will
                 be
                 to
                 the
                 meaner
                 sort
                 (
                 except
                 the
                 Retailers
                 that
                 made
                 as
                 much
                 advantage
                 formerly
                 of
                 their
                 own
                 Tokens
                 ,
                 as
                 the
                 King
                 shall
                 now
                 )
                 of
                 necessary
                 use
                 and
                 benefit
                 :
                 For
                 the
                 buyers
                 hereafter
                 shall
                 not
                 by
                 tyed
                 to
                 one
                 Seller
                 and
                 his
                 bad
                 Commodities
                 ,
                 as
                 they
                 are
                 still
                 ,
                 when
                 his
                 tokens
                 ,
                 hereafter
                 made
                 currant
                 by
                 authority
                 ,
                 shall
                 leave
                 him
                 the
                 choise
                 of
                 any
                 other
                 Chapman
                 ;
                 and
                 to
                 the
                 Poor
                 in
                 this
                 time
                 of
                 small
                 charity
                 ,
                 it
                 will
                 be
                 of
                 uch
                 relief
                 ;
                 since
                 men
                 are
                 like
                 to
                 give
                 a
                 farthing
                 Almes
                 ,
                 that
                 will
                 not
                 part
                 with
                 a
                 greater
                 sum
                 .
              
               
                 Besides
                 ,
                 it
                 cannot
                 but
                 prevent
                 much
                 waste
                 of
                 Silver
                 ,
                 that
                 is
                 by
                 the
                 minting
                 pence
                 and
                 
                 half
                 pence
                 occasioned
                 ,
                 there
                 will
                 be
                 no
                 cause
                 hereafter
                 to
                 cut
                 any
                 Bullion
                 into
                 proportion
                 so
                 apt
                 for
                 losse
                 :
                 what
                 that
                 hath
                 been
                 may
                 be
                 conjectured
                 ,
                 if
                 we
                 mark
                 but
                 of
                 the
                 great
                 quantities
                 from
                 the
                 peny
                 downward
                 since
                 Henry
                 8.
                 time
                 stamped
                 ,
                 how
                 few
                 remain
                 :
                 whereas
                 of
                 all
                 the
                 Coines
                 from
                 three
                 pence
                 upward
                 which
                 are
                 manual
                 ,
                 plenty
                 pass
                 still
                 in
                 dayly
                 payment
                 .
              
            
             
               
                 Regalities
                 mixt
                 .
              
               
                 As
                 for
                 restitution
                 of
                 the
                 temporalities
                 of
                 Abbots
                 and
                 Bishops
                 .
              
               
                 For
                 which
                 Henry
                 7.
                 received
                 great
                 sums
                 .
              
            
             
               
                 Corrodies
                 in
                 Cathedral
                 Churches
                 .
              
               
                 And
                 having
                 in
                 every
                 Cathedral
                 and
                 Collegiate
                 Church
                 ,
                 as
                 incident
                 to
                 his
                 Crown
                 a
                 Corradary
                 ,
                 made
                 money
                 of
                 it
                 ,
                 at
                 the
                 highest
                 rate
                 he
                 could
                 .
              
            
             
               
                 Vacancy
                 of
                 Bishopricks
                 .
              
               
                 The
                 benefit
                 at
                 the
                 vacancy
                 of
                 any
                 Bishop
                 some
                 Kings
                 have
                 used
                 to
                 their
                 best
                 advantage
                 ,
                 making
                 a
                 circular
                 remove
                 of
                 as
                 many
                 as
                 in
                 reputation
                 and
                 profit
                 was
                 inferiour
                 to
                 the
                 place
                 void
                 .
              
            
             
               
               
                 Concurrent
                 Jurisdiction
                 as
                 the
                 Pope
                 had
                 in
                 former
                 times
                 .
              
               
                 Besides
                 ,
                 there
                 are
                 two
                 of
                 no
                 mean
                 commodity
                 .
              
               
                 The
                 one
                 is
                 grounded
                 upon
                 a
                 concurrent
                 Jurisdiction
                 with
                 every
                 Ordinary
                 in
                 the
                 Diocess
                 ,
                 which
                 the
                 King
                 by
                 having
                 the
                 power
                 Papall
                 in
                 that
                 point
                 invested
                 in
                 him
                 by
                 Act
                 of
                 Parliament
                 ,
                 may
                 exercise
                 by
                 his
                 Commission
                 ,
                 or
                 otherwise
                 remit
                 to
                 the
                 Ordinary
                 for
                 some
                 valuable
                 respect
                 .
              
               
                 Thus
                 did
                 Cardinal
                 Woolsey
                 with
                 Warham
                 the
                 Arch-bishop
                 ,
                 
                 and
                 all
                 other
                 the
                 Bishops
                 of
                 the
                 Kingdome
                 ,
                 after
                 he
                 had
                 got
                 his
                 Legative
                 power
                 .
                 And
                 this
                 if
                 it
                 were
                 put
                 in
                 practise
                 would
                 draw
                 to
                 the
                 King
                 20000.
                 l.
                 in
                 his
                 Coffers
                 .
              
            
             
               
                 Tenths
                 of
                 the
                 Church-Lands
                 now
                 in
                 the
                 Laity
                 .
              
               
                 The
                 other
                 is
                 the
                 short
                 account
                 yielded
                 the
                 King
                 of
                 such
                 Ecclesistiacal
                 tenths
                 and
                 duties
                 ,
                 as
                 were
                 often
                 or
                 Annually
                 paid
                 unto
                 the
                 Pope
                 in
                 former
                 times
                 ,
                 and
                 now
                 by
                 Statute
                 invested
                 in
                 the
                 Crown
                 :
                 for
                 in
                 former
                 times
                 the
                 See
                 of
                 Rome
                 received
                 them
                 not
                 ,
                 as
                 only
                 out
                 of
                 the
                 meer
                 Spiritualities
                 ,
                 but
                 also
                 from
                 out
                 of
                 all
                 the
                 Temporalities
                 of
                 Spiritual
                 persons
                 ;
                 which
                 Land
                 being
                 now
                 divided
                 from
                 the
                 Church
                 into
                 the
                 hands
                 of
                 the
                 Laity
                 ;
                 yet
                 ought
                 they
                 to
                 pay
                 this
                 duty
                 ,
                 since
                 they
                 were
                 settled
                 in
                 the
                 Crown
                 by
                 a
                 former
                 Law
                 ,
                 and
                 no
                 subsequent
                 ever
                 hath
                 discharged
                 them
                 .
              
            
          
        
         
      
       
         
           
             
             
               AN
               ANSVVER
               TO
               CERTAIN
               ARGUMENTS
               
                 Raised
                 from
              
               Supposed
               Antiquity
               ,
               And
               urged
               by
               some
               MEMBERS
               of
               the
               lower
               HOUSE
               of
               PARLIAMENT
               ,
               
                 To
                 prove
                 that
              
               Ecclesiastical
               Laws
               ,
               
                 Ought
                 to
                 be
                 Enacted
                 by
              
               Temporal
               Men.
               
            
             
               Written
               by
               Sir
               ROB.
               COTTON
               Knight
               and
               Barronet
               .
            
             
               LONDON
               :
               Printed
               in
               the
               Year
               1672.
               
            
          
        
         
           
             
             
             
               AN
               ANSVVER
               TO
               CERTAIN
               ARGUMENTS
               Raised
               from
               Supposed
               Antiquity
               ,
               And
               urged
               by
               some
               Members
               of
               the
               Lower
               House
               of
               PARLIAMENT
               ,
               To
               Prove
               that
               Ecclesiastical
               Lawes
               Ought
               to
               be
               Enacted
               by
               Temporal
               Men.
               
            
             
               WHat
               ,
               besides
               self-regard
               ,
               or
               siding
               faction
               ,
               hath
               been
               the
               main
               reason
               of
               the
               lower
               Lay-house
               labour
               in
               Parliament
               ,
               to
               deal
               with
               Lawes
               of
               the
               Church
               ,
               the
               milder
               Members
               have
               yielded
               a
               Right
               which
               they
               would
               maintain
               by
               former
               
               Presidents
               ,
               raising
               the
               same
               from
               
                 
                   1.
                   
                   Primitive
                   use
                   .
                   
                
                 
                   2.
                   
                   Middle
                   practise
                   .
                
                 
                   3.
                   
                   Interrupted
                   continuance
                   .
                
              
            
             
               Professing
               the
               same
               by
               the
               Laws
               of
               
                 
                   1.
                   
                   The
                   
                     Roman
                     Empire
                  
                   .
                   
                
                 
                   2.
                   
                   The
                   Saxon
                   Kings
                   .
                   
                
                 
                   3.
                   
                   The
                   English
                   Parliaments
                   so
                   to
                   do
                   .
                   
                
              
            
             
               Which
               since
               it
               may
               raise
               a
               prejudice
               to
               the
               Church's
               peace
               ,
               or
               to
               the
               Soveraign's
               power
               ,
               unopposed
               ;
               I
               will
               make
               way
               (
               in
               a
               word
               or
               two
               )
               to
               the
               better
               answer
               of
               some
               other
               Pen.
               What
               they
               say
               is
               not
               to
               be
               denied
               ,
               that
               in
               course
               of
               civil
               Laws
               under
               the
               Christian
               Emperours
               ,
               there
               be
               often
               constitutions
               Ecclesiastical
               ;
               and
               in
               the
               Councels
               of
               the
               Church
               (
               frequent
               )
               the
               Soveraign's
               power
               ,
               and
               sometimes
               the
               presence
               of
               lay-Ministers
               ;
               yet
               may
               their
               assertion
               admit
               to
               the
               first
               ,
               this
               answer
               of
               Justinian
               ;
               
               
                 Principes
                 ,
                 Sapientes
                 ,
                 Episcoporum
                 monita
                 ,
                 pro
                 fide
                 &
                 Religione
                 Christiana
                 ,
                 Leges
                 Synodicis
                 Canonibus
                 conformes
                 edidere
                 ,
                 recte
                 judicantes
                 ,
                 Sacerdotum
                 Sanctiones
                 merito
                 Majestatis
                 Regiae
                 nuturoborari
                 .
              
               So
               that
               those
               decrees
               of
               the
               Civil
               Lawes
               ,
               
               will
               prove
               but
               confirmative
               of
               former
               Canons
               ,
               as
               may
               be
               gathered
               by
               that
               of
               Volentinian
               and
               Martian
               .
               Emperours
               ,
               who
               wrote
               unto
               Paladius
               ,
               their
               
                 Praefectus
                 Pratorii
              
               ,
               that
               all
               constitutions
               ,
               that
               were
               against
               the
               Canon
               of
               the
               Church
               should
               stand
               void
               .
               And
               to
               the
               second
               ,
               that
               their
               presence
               was
               to
               dignifie
               ,
               and
               not
               to
               dispute
               ;
               the
               direction
               
               proveth
               ,
               
               that
               the
               Emperor
               Theodosius
               gave
               to
               Candidianus
               an
               Earl
               ,
               by
               him
               to
               the
               Ephesian
               Councel
               sent
               ;
               
                 Non
                 ut
                 Quaestiones
                 seu
                 Expositiones
                 communicaret
                 ,
                 cum
                 sit
                 illicitum
                 quia
                 non
                 fit
                 in
                 ordine
                 sanctissimorum
                 Episcoporum
                 ,
                 Ecclesiasticis
                 tractatibus
                 intermisceri
                 .
              
               And
               Valentinian
               the
               elder
               ,
               though
               petitioned
               by
               the
               Bishops
               to
               be
               present
               at
               their
               Synod
               ,
               
               said
               ;
               
                 Sebi
                 ,
                 qui
                 unus
                 e
                 Laicorum
                 numero
                 esset
                 ,
                 non
                 licere
                 hujusmodi
                 negotiis
                 se
                 interponere
                 .
              
               And
               by
               the
               Council
               of
               Carth.
               and
               Affrican
               ,
               
               likewise
               it
               appeared
               ;
               that
               even
               Princes
               would
               intermeddle
               with
               these
               matters
               ;
               but
               
                 Saepius
                 rogati
                 ab
                 Episcopis
              
               .
               And
               the
               Emperor
               Gratian
               taught
               ,
               as
               Zozimus
               
               saith
               ,
               
                 Omnes
                 Laicos
                 nihil
                 potestatis
                 inres
                 Ecclesiasticas
                 posse
                 sibi
                 vindicare
                 .
              
               And
               the
               former
               Emperor
               .
               enacted
               ;
               
                 In
                 causa
                 Ecclesiastici
                 alicujus
                 ordinis
                 cum
                 judicare
                 debere
                 ,
                 qui
                 nec
                 manere
                 impar
                 est
                 ,
                 nec
                 jure
                 dissimilis
                 ,
              
               
               
                 Sacerdotes
                 de
                 Sacerdotibus
                 judicare
              
               .
               According
               to
               that
               Saying
               of
               Constantine
               the
               Great
               ;
               
               
                 Vos
                 enim
                 a
                 Deo
                 nobis
                 dati
                 estis
                 Dii
                 ,
                 &
                 conveniens
                 non
                 est
                 ut
                 homo
                 judicet
                 Deos.
              
               Thus
               then
               stood
               the
               practice
               of
               the
               primitive
               Church
               ;
               which
               when
               it
               was
               in
               those
               times
               otherwise
               ,
               as
               under
               Constantius
               the
               
                 Arrian
                 ,
                 Athanas
              
               .
               saith
               of
               him
               ;
               
                 Haereseos
                 veneno
                 imbutos
                 milites
              
               ,
               
               
                 Sicarios
                 ,
                 Eunuchos
                 Comites
                 ,
                 faciebat
                 Sacerd.
                 Judices
                 ,
                 &
                 cogebat
                 umbratiles
                 Synodas
                 ,
                 quibus
                 ipse
                 cum
                 monstris
                 illis
                 praesiperet
                 .
              
               Whereas
               otherwise
               that
               Emperor
               ,
               even
               in
               the
               height
               of
               Pagan
               Greatness
               ,
               
               ascribed
               to
               their
               Pontifices
               and
               Sacerdotes
               in
               Common
               Right
               ,
               
                 Propter
                 Religionem
                 comitia
                 
                 habere
                 propria
                 ,
              
               and
               that
               
                 Stabili
                 Sententiâ
                 rarum
                 erat
                 ,
                 quod
                 tres
                 Pontifices
                 communi
                 decreto
                 statuissent
              
            
             
               
                 The
                 second
                 Objection
                 .
                 Ecclesiastical
                 Laws
                 enacted
                 in
                 Parliament
                 .
              
               
                 To
                 the
                 second
                 ,
                 as
                 it
                 is
                 in
                 the
                 former
                 true
                 ,
                 that
                 many
                 Canons
                 of
                 the
                 Church
                 are
                 interlaced
                 with
                 the
                 Common-wealths
                 ,
                 although
                 the
                 Saxon
                 Laws
                 ,
                 
                 and
                 that
                 the
                 establishment
                 should
                 be
                 by
                 Parliament
                 ,
                 which
                 they
                 infer
                 out
                 of
                 the
                 Frontispian
                 ,
                 of
                 Inas
                 Statutes
                 in
                 these
                 words
                 :
                 
                   Ego
                   Inae
                   Rex
                   ,
                   ex
                   tractatione
                   Episcoporum
                   ,
                
                 
                 
                   et
                   omnium
                   Aldermannorum
                   meorum
                   ,
                   &
                   seniorum
                   sapientu●
                   Regni
                   mei
                   ,
                   &
                   confirmatione
                   Populi
                   mei
                
                 ;
                 do
                 ordain
                 &c.
                 
                 Yet
                 may
                 receive
                 this
                 answer
                 .
                 First
                 ,
                 that
                 the
                 Commons
                 did
                 but
                 confirm
                 and
                 not
                 dispute
                 ;
                 which
                 to
                 this
                 day
                 is
                 in
                 their
                 summons
                 comprized
                 only
                 
                   ad
                   consuet
                   udinen
                
                 .
                 But
                 whosoever
                 shall
                 collate
                 the
                 transcript
                 copy
                 with
                 the
                 original
                 ,
                 called
                 
                   Textus
                   Roffensis
                
                 ,
                 will
                 find
                 these
                 ordinances
                 ,
                 
                 not
                 called
                 Leges
                 but
                 Synodalia
                 ,
                 and
                 almost
                 all
                 by
                 the
                 King
                 and
                 Church-men
                 onely
                 made
                 .
                 Neither
                 was
                 it
                 new
                 in
                 this
                 Isle
                 that
                 Priests
                 directed
                 alone
                 the
                 government
                 ,
                 when
                 as
                 the
                 best
                 Record
                 of
                 our
                 eldest
                 memory
                 saith
                 ,
                 that
                 the
                 Druides
                 ,
                 (
                 a
                 religious
                 Pagan
                 order
                 )
                 not
                 only
                 
                   divinis
                   intersunt
                   ,
                   Religiones
                   interpretantur
                
                 ,
                 but
                 
                   de
                   omnibus
                
                 (
                 as
                 Caesar
                 saith
                 )
                 
                   controversis
                   publicis
                   privatisque
                   confirment
                   ,
                   sive
                   de
                   heridet
                   amento
                   ,
                   sive
                   de
                   finibus
                   ,
                   &
                   praemia
                   &
                   
                   paenas
                   constituunt
                   .
                
                 And
                 if
                 any
                 ,
                 
                   sive
                   privatus
                   ,
                   aut
                   populus
                   decreto
                   eorū
                   non
                   stererit
                   ,
                   sacrificiis
                   interdicunt
                   .
                
                 And
                 this
                 excommunication
                 amongst
                 them
                 ,
                 was
                 
                   paena
                   gravissima
                
                 .
                 Neither
                 did
                 the
                 times
                 of
                 Christianity
                 here
                 bereave
                 the
                 Church
                 of
                 all
                 such
                 will.
                 For
                 in
                 the
                 Saxon
                 time
                 they
                 intermedled
                 in
                 the
                 framing
                 of
                 the
                 Temporal
                 Lawes
                 ,
                 and
                 ought
                 ,
                 as
                 appeareth
                 by
                 an
                 Ordinance
                 of
                 that
                 time
                 
                   de
                   Officiis
                   Episcopi
                   :
                   Cum
                   seculi
                   judicibus
                   interesse
                   ne
                   permittent
                   si
                   possint
                   ,
                
                 
                 
                   ut
                   illinc
                   aliqua
                   pravitatum
                   germina
                   pullulaverint
                   .
                
                 And
                 surely
                 ,
                 since
                 these
                 time
                 until
                 of
                 late
                 ,
                 the
                 inferiour
                 Ministers
                 of
                 the
                 Church
                 ,
                 
                 aswel
                 as
                 Bishops
                 ,
                 had
                 suffrage
                 in
                 Parliament
                 .
                 For
                 
                   John
                   de
                   Rupescissa
                
                 (
                 a
                 story
                 as
                 old
                 as
                 King
                 
                 John's
                 time
                 )
                 saith
                 ,
                 
                   Anno
                   1210.
                   
                   Convocatum
                   est
                   Parliamentum
                   Londoniae
                   ,
                   Presidente
                   Archiepiscopo
                   cum
                   toto
                   Clero
                   .
                   &
                   tota
                   secta
                   Laicali
                   .
                
                 
                 And
                 in
                 the
                 8.
                 of
                 Edward
                 the
                 3.
                 the
                 Members
                 of
                 Parliament
                 defective
                 in
                 their
                 appearance
                 ,
                 the
                 King
                 chargeth
                 the
                 Arch-bishop
                 to
                 punish
                 the
                 defaults
                 of
                 the
                 Clergie
                 ,
                 as
                 he
                 would
                 the
                 like
                 touching
                 the
                 Lords
                 and
                 Commons
                 .
                 And
                 in
                 third
                 of
                 Richard
                 the
                 second
                 ,
                 
                 against
                 a
                 Petition
                 in
                 Parliament
                 contradicting
                 Provisions
                 ,
                 the
                 Prelates
                 and
                 whole
                 Clergy
                 ,
                 make
                 their
                 protestations
                 ;
                 And
                 to
                 a
                 demand
                 of
                 the
                 Lay-Commons
                 ,
                 for
                 the
                 King's
                 aide
                 the
                 year
                 following
                 ,
                 
                 the
                 whole
                 Clergy
                 answered
                 ,
                 that
                 they
                 used
                 not
                 to
                 grant
                 any
                 but
                 of
                 their
                 free
                 will.
                 And
                 in
                 the
                 eleventh
                 of
                 the
                 same
                 King
                 ,
                 
                 the
                 Archbishop
                 of
                 Canterbury
                 made
                 openly
                 in
                 Parliament
                 
                 a
                 solemne
                 protestation
                 for
                 himself
                 ,
                 and
                 the
                 whole
                 Clergie
                 of
                 his
                 Province
                 ,
                 entered
                 by
                 word
                 ;
                 the
                 effect
                 whereof
                 was
                 ,
                 That
                 albeit
                 they
                 might
                 lawfully
                 be
                 present
                 in
                 all
                 Parliaments
                 ,
                 yet
                 for
                 that
                 in
                 those
                 Parliament
                 matters
                 of
                 treason
                 were
                 to
                 be
                 intreated
                 of
                 ,
                 whereas
                 by
                 the
                 Canon
                 law
                 they
                 ought
                 not
                 to
                 be
                 present
                 ,
                 they
                 therefore
                 absented
                 themselves
                 ,
                 saving
                 their
                 liberties
                 therein
                 otherwise
                 .
              
               
                 And
                 in
                 the
                 21.
                 
                 of
                 Richard
                 the
                 2.
                 for
                 that
                 divers
                 judgements
                 were
                 heretofore
                 undon
                 ;
                 for
                 that
                 the
                 Clergie
                 were
                 not
                 present
                 ;
                 the
                 commons
                 prayed
                 the
                 King
                 ,
                 that
                 the
                 Clergie
                 would
                 appoint
                 some
                 to
                 be
                 their
                 common
                 Proctor
                 ,
                 with
                 sufficient
                 authority
                 thereunto
                 .
                 The
                 Bishops
                 and
                 Clergie
                 therefore
                 being
                 severally
                 examined
                 ,
                 appointed
                 Sir
                 
                   Thomas
                   Piercy
                
                 their
                 Proctor
                 to
                 assent
                 as
                 by
                 their
                 Instruments
                 appeareth
                 .
              
               
                 And
                 the
                 same
                 year
                 ,
                 
                 upon
                 the
                 devise
                 of
                 Sir
                 
                   Thomas
                   Bussey
                
                 ,
                 most
                 of
                 the
                 Bishops
                 and
                 Lords
                 were
                 sworne
                 before
                 the
                 King
                 again
                 ,
                 upon
                 the
                 Cross
                 of
                 Canterbury
                 ,
                 to
                 repeal
                 nothing
                 in
                 this
                 year
                 enacted
                 .
                 So
                 did
                 sundry
                 the
                 Proctors
                 of
                 the
                 Clergy
                 ,
                 and
                 most
                 of
                 the
                 Commons
                 ,
                 by
                 holding
                 up
                 one
                 of
                 their
                 hands
                 ,
                 affirmed
                 that
                 they
                 the
                 same
                 would
                 do
                 .
              
               
                 In
                 the
                 judgement
                 of
                 the
                 Duke
                 of
                 Norfolk
                 ,
                 
                 and
                 Earl
                 of
                 Warwick
                 the
                 same
                 year
                 ,
                 the
                 name
                 and
                 assent
                 of
                 the
                 Procurator
                 of
                 the
                 Clergy
                 alleadged
                 .
                 
                 And
                 in
                 the
                 first
                 of
                 Henry
                 4.
                 the
                 Bishop
                 of
                 Assaph
                 ,
                 for
                 Arch-bishop
                 
                 and
                 Bishops
                 ;
                 the
                 Abbot
                 of
                 Glassenbury
                 ,
                 for
                 all
                 Religious
                 Persons
                 ;
                 the
                 Earl
                 of
                 Gloucester
                 ,
                 for
                 Dukes
                 and
                 Earls
                 ;
                 the
                 Lord
                 of
                 Barkley
                 ,
                 for
                 Barons
                 and
                 Barronets
                 ;
                 Sir
                 
                   Thomas
                   Irpingham
                
                 Chamberlain
                 ,
                 for
                 Batchelors
                 and
                 Commons
                 of
                 the
                 South
                 ;
                 Sir
                 
                   Thomas
                   Gray
                
                 ,
                 for
                 Batchelors
                 and
                 Commons
                 of
                 the
                 North
                 ;
                 Sir
                 
                   William
                   Thirming
                
                 and
                 
                   John
                   Mekham
                
                 Justices
                 ,
                 for
                 the
                 whole
                 Estates
                 ,
                 came
                 to
                 the
                 Tower
                 to
                 King
                 Richard
                 to
                 whom
                 Sir
                 
                   William
                   Thirming
                
                 ,
                 for
                 and
                 in
                 the
                 name
                 of
                 them
                 all
                 ,
                 pronounced
                 the
                 sentence
                 of
                 deposition
                 ,
                 and
                 the
                 words
                 or
                 resignation
                 of
                 homage
                 and
                 loyalty
                 .
              
               
                 And
                 when
                 it
                 was
                 enacted
                 
                   anno
                   6.
                   
                   Henry
                
                 6.
                 by
                 the
                 King
                 ,
                 
                 Lords
                 Temporal
                 and
                 Commons
                 ,
                 that
                 no
                 man
                 should
                 contract
                 or
                 marry
                 himself
                 to
                 any
                 Queen
                 of
                 England
                 ,
                 without
                 the
                 special
                 licence
                 and
                 assent
                 of
                 the
                 King
                 ,
                 on
                 pain
                 to
                 lose
                 all
                 his
                 Goods
                 and
                 Lands
                 ;
                 The
                 Bishops
                 and
                 all
                 the
                 Clergie
                 to
                 this
                 Bill
                 assented
                 ,
                 so
                 far
                 as
                 it
                 was
                 not
                 against
                 the
                 Law
                 of
                 God.
                 And
                 thus
                 far
                 for
                 answer
                 to
                 the
                 second
                 part
                 .
              
            
             
               
                 The
                 third
                 Reason
                 .
                 Ecclesiastical
                 Lawes
                 enacted
                 in
                 Parliament
                 .
              
               
                 The
                 last
                 ,
                 which
                 they
                 granted
                 from
                 Presidents
                 ,
                 Parliaments
                 since
                 the
                 Conquest
                 ,
                 they
                 infer
                 out
                 of
                 the
                 Phrase
                 ,
                 and
                 out
                 of
                 the
                 practise
                 ;
                 The
                 first
                 by
                 these
                 words
                 :
                 
                   Rex
                   Wintoniae
                   celebravit
                   magnum
                   Concilium
                   coram
                   Episcopis
                   ,
                
                 
                 
                   Comitibus
                   ,
                   &
                   Baronibus
                
                 ,
                 mistaking
                 
                 the
                 word
                 ,
                 as
                 intending
                 a
                 Provincial
                 Synod
                 ,
                 whereas
                 it
                 was
                 in
                 those
                 dayes
                 equal
                 and
                 usual
                 for
                 their
                 Parliament
                 ,
                 that
                 French
                 Phrase
                 never
                 having
                 admission
                 in
                 that
                 sence
                 here
                 untill
                 the
                 time
                 of
                 Henry
                 2.
                 
                 and
                 then
                 but
                 rarely
                 .
                 That
                 great
                 assembly
                 being
                 formerly
                 instiled
                 
                   Magnum
                   Consilium
                
                 ;
                 and
                 until
                 of
                 late
                 often
                 enjoyed
                 the
                 same
                 name
                 .
                 And
                 this
                 is
                 evident
                 out
                 of
                 the
                 words
                 of
                 
                   Benedictus
                   Abbas
                
                 in
                 the
                 life
                 he
                 wrote
                 of
                 the
                 2.
                 
                 2.
                 
                 
                   Henry
                   ;
                   Circa
                   festum
                   sancti
                   Pauli
                   ,
                   venit
                   Dominus
                   Rex
                   usque
                   Northampton
                   ,
                   &
                   magnum
                   ibi
                   celebravit
                   Consilium
                   de
                   Statutis
                   Regni
                   sui
                   coram
                   Episcopis
                   ,
                   Comitibus
                   Baronibus
                   terrae
                   suae
                   ,
                   &
                   per
                   Consilium
                   Militum
                   &
                   hominum
                   suorum
                   .
                
                 Here
                 the
                 intent
                 manifesteth
                 the
                 nature
                 of
                 that
                 assembly
                 ,
                 and
                 the
                 fuller
                 ,
                 in
                 that
                 the
                 same
                 Author
                 in
                 the
                 same
                 year
                 ,
                 saith
                 ,
                 that
                 
                   Richardus
                   Cantuar.
                   Archiepiscopus
                
                 ,
                 and
                 
                   Rogerus
                   Eboracensis
                   cum
                   Sufraganeis
                   suis
                   congregatis
                   apud
                   Westmonasterium
                   in
                   Capella
                   Monachorum
                   infirmiorum
                   tenuerunt
                   Consilium
                
                 ;
                 or
                 their
                 convocation
                 ;
                 which
                 had
                 been
                 needless
                 if
                 in
                 their
                 first
                 ,
                 they
                 might
                 have
                 done
                 their
                 Church-affaires
                 .
              
               
                 Here
                 might
                 I
                 enter
                 into
                 a
                 large
                 and
                 just
                 discourse
                 ,
                 as
                 well
                 of
                 the
                 authority
                 as
                 antiquity
                 of
                 their
                 Convocation
                 or
                 Synod
                 Provincial
                 ,
                 no
                 less
                 antient
                 ,
                 
                 as
                 Beda
                 mentioneth
                 ,
                 then
                 in
                 the
                 year
                 686.
                 when
                 
                   Austin
                   adjutorio
                   Regis
                
                 ,
                 &c.
                 assembled
                 in
                 Councel
                 the
                 Brittain
                 Bishops
                 ;
                 from
                 which
                 unto
                 this
                 day
                 there
                 is
                 successive
                 Record
                 of
                 Councels
                 or
                 Convocations
                 ,
                 
                 less
                 interrupted
                 then
                 of
                 Parliament
                 .
              
            
             
               
               
                 Practice
                 .
              
               
                 Now
                 touching
                 our
                 practise
                 to
                 ordain
                 in
                 Parliaments
                 Lawes
                 Ecclesiastical
                 ,
                 either
                 meer
                 or
                 mixt
                 ,
                 although
                 it
                 be
                 by
                 Record
                 evident
                 ,
                 yet
                 must
                 it
                 admit
                 this
                 difference
                 :
                 First
                 ,
                 that
                 it
                 sprung
                 not
                 from
                 our
                 dispute
                 ,
                 or
                 desire
                 ,
                 
                 but
                 solely
                 from
                 the
                 Petitions
                 of
                 the
                 Church
                 ,
                 as
                 usual
                 is
                 in
                 all
                 the
                 Rolls
                 of
                 Parliament
                 ,
                 receiving
                 their
                 distinct
                 Title
                 from
                 those
                 of
                 the
                 Commons
                 .
                 And
                 this
                 they
                 did
                 to
                 adde
                 
                   Seculare
                   Brachium
                
                 to
                 their
                 former
                 Cannons
                 ,
                 too
                 weak
                 to
                 reach
                 to
                 corporal
                 punishments
                 ;
                 as
                 in
                 the
                 fifth
                 of
                 Richard
                 2.
                 when
                 to
                 suppress
                 the
                 Schismes
                 ,
                 the
                 Clergy
                 became
                 in
                 Parliament
                 the
                 Petitioners
                 to
                 the
                 Kings
                 Laity
                 ;
                 
                 where
                 these
                 words
                 of
                 their
                 assistance
                 are
                 ,
                 excluding
                 the
                 Commons
                 from
                 any
                 Power
                 of
                 advice
                 :
                 
                   Habita
                   prius
                   bona
                   &
                   matura
                   deliberatione
                   de
                   communi
                   Consilio
                   ipsius
                   Archiepiscopi
                   ,
                   Suffraganeorum
                   suorum
                   ,
                   aliorumque
                   Clericorum
                   ,
                   super
                   quo
                   idem
                   Archiepiscopus
                   supplicavit
                   ,
                   ut
                   pro
                   debita
                   castigatione
                   illorum
                   qui
                   conclusiones
                   Schismaticas
                   praedicare
                   voluerint
                   ,
                   animo
                   obstinato
                   dignaremur
                   apponere
                   brachium
                   Regiae
                   potestatis
                   ●idem
                   .
                
                 
                 And
                 this
                 aide
                 was
                 in
                 order
                 in
                 the
                 Conquerors
                 time
                 ;
                 who
                 by
                 edict
                 commanded
                 ,
                 that
                 every
                 Marshal
                 ,
                 
                   Episcope
                   &
                   Deo
                   faceret
                   rectum
                   secundum
                   Canones
                   &
                   Episcopales
                   leges
                   .
                
                 Which
                 if
                 he
                 doth
                 not
                 ,
                 after
                 excommunication
                 ,
                 
                   Fortitudo
                   et
                   Justitia
                   Regis
                   adhibeatur
                
                 .
                 And
                 
                 this
                 even
                 in
                 the
                 Primitive
                 Church
                 ,
                 was
                 thought
                 convenient
                 :
                 because
                 as
                 Saint
                 Ambrose
                 saith
                 ,
                 for
                 the
                 like
                 intent
                 ,
                 to
                 the
                 Emperor
                 Valentinian
                 ;
                 
                 
                   Non
                   tantas
                   vires
                   sermo
                   mecus
                   habiturus
                   est
                   pro
                   Trinitate
                   bellum
                   gerens
                   ,
                   quantum
                   edictum
                   tuum
                   .
                
                 Hence
                 it
                 is
                 that
                 at
                 this
                 day
                 ,
                 the
                 King's
                 authority
                 is
                 annexed
                 ever
                 to
                 the
                 Convocation
                 ;
                 as
                 in
                 the
                 antient
                 Church
                 were
                 the
                 like
                 decrees
                 of
                 Kings
                 ;
                 as
                 those
                 of
                 Eruigius
                 ratifying
                 the
                 twelfth
                 Councel
                 of
                 
                   Toledo
                   .
                   Nemo
                   illiciator
                   vel
                   contemptor
                   vigorem
                   his
                   Institutionibus
                   subtrahat
                   ,
                
                 
                 
                   sed
                   generaliter
                   per
                   cunctas
                   Regni
                   nostri
                   provincias
                   hoec
                   Canonum
                   instituta
                   nostrae
                   gloriae
                   temporibus
                   acta
                   ,
                   et
                   autoritatis
                   debitae
                   fastigia
                   praepollebunt
                   ,
                   &
                   irrevocabili
                   judiciorum
                   exercitie
                   prout
                   constituta
                   sunt
                   in
                   omnibus
                   Regni
                   nostri
                   Provinciis
                   celebres
                   habebuntur
                   .
                   Si
                   quis
                   autem
                   haec
                   instituta
                   contemnat
                   ,
                   contemptor
                   se
                   noverit
                   damnari
                   sententia
                   ;
                   Id
                   est
                   ,
                   ut
                   juxta
                   voluntatem
                   nostrae
                   gloriae
                   ,
                   et
                   excommunicatas
                   à
                   nostro
                   caet●resiliat
                   ;
                   &
                   in
                   super
                   decimam
                   partem
                   facultatis
                   suaefisci
                   partibus
                   sociandam
                   ,
                   amittat
                   .
                
                 But
                 that
                 the
                 Church-laws
                 ever
                 moved
                 from
                 the
                 Lay-members
                 ,
                 I
                 take
                 it
                 as
                 far
                 from
                 President
                 ,
                 as
                 it
                 is
                 besides
                 nhe
                 nature
                 of
                 their
                 Commission
                 :
                 The
                 Bishops
                 and
                 Clergy
                 being
                 onely
                 called
                 in
                 the
                 Writ
                 to
                 that
                 service
                 ,
                 the
                 word
                 being
                 ,
                 
                 to
                 come
                 
                   in
                   fide
                   &
                   delectione
                   ,
                   ad
                   declarandum
                   Consilium
                   &
                   avisamentum
                   ,
                   &
                   ad
                   consentiendum
                   iis
                   quae
                   tunc
                   de
                   avisamento
                   &
                   assensu
                   Cleri
                   nostri
                
                 (
                 and
                 not
                 the
                 Commons
                 )
                 
                   cotigerit
                   affirmari
                
                 .
                 But
                 if
                 any
                 shall
                 object
                 unto
                 me
                 ,
                 that
                 many
                 Laws
                 ,
                 
                 as
                 that
                 of
                 the
                 Supremacy
                 in
                 Henry
                 8.
                 time
                 ,
                 had
                 first
                 the
                 ground
                 in
                 Parliament
                 ;
                 it
                 is
                 manifested
                 ,
                 
                 by
                 the
                 dates
                 of
                 their
                 Acts
                 in
                 convocations
                 ,
                 that
                 they
                 all
                 had
                 properly
                 in
                 that
                 place
                 the
                 first
                 original
                 .
                 And
                 that
                 this
                 was
                 the
                 use
                 of
                 old
                 ,
                 nothing
                 will
                 leave
                 it
                 so
                 clear
                 ,
                 as
                 to
                 observe
                 the
                 fruitless
                 success
                 of
                 the
                 Laity
                 ,
                 in
                 all
                 their
                 endeavours
                 to
                 establish
                 Ecclesiastical
                 Laws
                 ;
                 And
                 this
                 I
                 will
                 manifest
                 by
                 the
                 Kings
                 answer
                 out
                 of
                 Record
                 ,
                 so
                 far
                 as
                 the
                 Rolls
                 of
                 Parliament
                 will
                 admit
                 me
                 ,
                 successively
                 .
                 Until
                 the
                 11.
                 of
                 Edward
                 the
                 first
                 ,
                 
                 there
                 is
                 no
                 Record
                 extant
                 ;
                 but
                 in
                 that
                 the
                 Commons
                 petition
                 to
                 the
                 King
                 ,
                 that
                 a
                 Law
                 may
                 be
                 made
                 against
                 Usurers
                 ;
                 
                 The
                 King
                 gave
                 answer
                 ,
                 that
                 it
                 must
                 be
                 remedyed
                 ,
                 
                   coram
                   Ordinariis
                
                 .
                 And
                 when
                 they
                 desired
                 remedy
                 ,
                 
                 
                   de
                   multimodis
                   injustis
                   vexationibus
                   eis
                   factis
                   per
                   Officiales
                   &
                   alios
                   ministros
                   Ecclesiae
                
                 ;
                 The
                 King
                 replyed
                 ;
                 
                   Cancellarius
                   emendat
                   in
                   temporalibus
                   ;
                   Archiepiscopus
                   faci●t
                   in
                   spiritualibus
                   .
                
                 From
                 hence
                 there
                 is
                 a
                 lack
                 of
                 Record
                 near
                 to
                 the
                 8.
                 
                 of
                 Edward
                 3.
                 
                 In
                 which
                 Parliament
                 the
                 Commons
                 desire
                 an
                 Act
                 to
                 restrain
                 the
                 Clergie
                 in
                 their
                 trivial
                 citations
                 ;
                 
                 whereunto
                 they
                 received
                 from
                 the
                 King
                 but
                 this
                 answer
                 onely
                 ;
                 That
                 the
                 King
                 will
                 charge
                 the
                 Bishops
                 to
                 see
                 it
                 remedyed
                 .
                 And
                 the
                 first
                 of
                 Richard
                 the
                 2.
                 
                 preferring
                 the
                 like
                 petition
                 against
                 corruption
                 of
                 Ordinaries
                 ,
                 to
                 do
                 according
                 to
                 the
                 Lawes
                 of
                 Holy
                 Church
                 .
                 And
                 in
                 the
                 fifth
                 of
                 the
                 same
                 King
                 ,
                 they
                 complain
                 against
                 abuses
                 in
                 Ecclesiastical
                 
                 Courts
                 .
                 Respons
                 .
                 The
                 King
                 will
                 charge
                 the
                 Clergy
                 to
                 amend
                 the
                 same
                 .
              
               
                 And
                 in
                 the
                 15.
                 year
                 ,
                 when
                 they
                 required
                 an
                 Act
                 to
                 declare
                 the
                 age
                 of
                 the
                 titheable
                 Wood
                 ;
                 
                 they
                 had
                 for
                 answer
                 ,
                 The
                 King
                 would
                 move
                 the
                 Bishops
                 for
                 order
                 between
                 this
                 and
                 the
                 next
                 Parliament
                 .
              
               
                 And
                 in
                 the
                 17
                 of
                 Richard
                 2.
                 
                 when
                 they
                 petiotioned
                 for
                 a
                 residing
                 learned
                 Ministry
                 ,
                 so
                 as
                 the
                 Flock
                 for
                 want
                 might
                 not
                 perish
                 ;
                 
                 they
                 had
                 replyed
                 ,
                 That
                 the
                 King
                 willeth
                 the
                 Bishops
                 to
                 whom
                 that
                 Office
                 belongeth
                 ,
                 to
                 do
                 their
                 duties
                 .
              
               
                 Henry
                 the
                 4.
                 in
                 his
                 second
                 year
                 ,
                 
                 desired
                 by
                 the
                 Lords
                 and
                 Commons
                 to
                 pacify
                 the
                 Schisme
                 of
                 the
                 Church
                 ;
                 Answereth
                 ,
                 he
                 will
                 charge
                 the
                 Bishops
                 to
                 consider
                 the
                 same
                 .
                 And
                 in
                 his
                 fourth
                 year
                 ,
                 being
                 importuned
                 for
                 an
                 Act
                 for
                 residency
                 of
                 Ministers
                 ;
                 
                 replyed
                 
                   Le
                   Roy
                   command
                   an
                   Prelats
                   et
                   perentrecy
                   ils
                   empurvoient
                   de
                   remedie
                   .
                
                 And
                 in
                 the
                 eleventh
                 of
                 the
                 same
                 King
                 ,
                 to
                 the
                 like
                 petition
                 ;
                 
                 
                   Respons
                   :
                   Ceste
                   matiere
                   appartient
                   a
                
                 St.
                 
                   Eglise
                   et
                   remede
                   en
                   la
                   darraine
                   Convocation
                   .
                
              
               
                 In
                 Parliament
                 under
                 the
                 5.
                 
                 
                 Henry
                 and
                 his
                 first
                 year
                 ,
                 the
                 King
                 answereth
                 the
                 Commons
                 petition
                 ,
                 against
                 oppressing
                 Ordinaries
                 ;
                 If
                 the
                 Bishops
                 do
                 not
                 redtess
                 the
                 same
                 ,
                 the
                 King
                 will.
                 
              
               
                 And
                 in
                 Anno
                 3.
                 
                 
                 Henry
                 6.
                 to
                 a
                 Petition
                 that
                 Non-Residents
                 should
                 forfeit
                 the
                 profit
                 of
                 their
                 living
                 ;
                 gave
                 answer
                 ,
                 that
                 he
                 had
                 delivered
                 the
                 Bill
                 to
                 my
                 Lord
                 of
                 
                 Canterbury
                 ,
                 and
                 semblably
                 to
                 my
                 Lord
                 of
                 York
                 ;
                 charging
                 them
                 to
                 purvey
                 meanes
                 of
                 remedy
                 .
              
               
                 And
                 in
                 the
                 year
                 following
                 ,
                 
                 to
                 a
                 petition
                 that
                 Patrons
                 may
                 present
                 upon
                 
                   Non-Residencie
                   ;
                   Respons
                
                 :
                 There
                 is
                 remedy
                 sufficient
                 in
                 the
                 Law
                 spiritual
                 .
              
               
                 Since
                 then
                 it
                 is
                 plain
                 by
                 these
                 rehearsed
                 answers
                 ,
                 that
                 from
                 the
                 Conquest
                 ,
                 they
                 have
                 received
                 but
                 weak
                 admittance
                 :
                 And
                 by
                 the
                 edict
                 of
                 the
                 first
                 King
                 William
                 in
                 these
                 words
                 ,
                 
                 a
                 sharp
                 restraint
                 ;
                 
                   Defendo
                   et
                   mea
                   authoritate
                   interdico
                   ,
                   ne
                   ullus
                   laicus
                   homo
                   de
                   legibus
                   quae
                   ad
                   Episcopum
                   pertinent
                   se
                   intromittat
                   .
                
                 And
                 that
                 the
                 Saxon
                 Synodals
                 ,
                 
                 are
                 rather
                 Canon-Laws
                 ,
                 then
                 Lay-mens
                 Acts.
                 And
                 the
                 practise
                 of
                 the
                 primitive
                 Church
                 ,
                 if
                 well
                 understood
                 ,
                 but
                 a
                 weak
                 prop
                 to
                 their
                 desire
                 ,
                 It
                 may
                 not
                 seem
                 distastful
                 from
                 the
                 King
                 (
                 walking
                 in
                 the
                 Steps
                 of
                 his
                 Ancestors
                 ,
                 Kings
                 of
                 this
                 Land
                 )
                 to
                 return
                 (
                 as
                 formerly
                 )
                 the
                 Commons
                 desires
                 to
                 their
                 proper
                 place
                 ,
                 the
                 Church-mans
                 care
                 .
                 And
                 to
                 conclude
                 this
                 point
                 in
                 all
                 Parliaments
                 ,
                 as
                 Martian
                 the
                 Emperor
                 did
                 the
                 Chalcedon
                 Councel
                 ;
                 
                 
                   Cessat
                   jam
                   profana
                   contentio
                   ;
                   nam
                   vere
                   impius
                   &
                   sacrilegus
                   est
                   ,
                   qui
                   posttot
                   sacerdotum
                   sententiam
                   ,
                   opinionisuae
                   aliquid
                   tractandum
                   reliquit
                   .
                
                 And
                 with
                 the
                 Letter
                 of
                 Gods
                 Law
                 ;
                 
                 
                   Qui
                   superbicrit
                   nolens
                   obedire
                   sacerdotis
                   imperio
                   ,
                   ex
                   decreto
                   Judicis
                   morietur
                   hono
                   .
                
              
            
          
        
         
      
       
         
           
             
             
             
               THE
               ARGUMENT
               Made
               by
               the
               COMMAND
               Of
               the
               House
               of
               COMMONS
               (
               Out
               of
               the
               Acts
               of
               Parliament
               ,
               and
               Authority
               of
               Law
               expounding
               the
               same
               )
               at
               a
               CONFERENCE
               with
               the
               LORDS
               ,
               CONCERNING
               THE
               LIBERTIE
               of
               the
               person
               of
               every
               FREEMAN
               .
            
             
               Written
               by
               Sir
               ROB.
               COTTON
               Knight
               and
               Barronet
               .
            
             
               LONDON
               :
               Printed
               in
               the
               Year
               1672.
               
            
          
        
         
           
             
             
             
               THE
               ARGUMENT
               
                 Made
                 by
                 the
              
               COMMAND
               
                 Of
                 the
                 House
                 of
              
               COMMONS
               (
               Out
               of
               the
               Acts
               of
               Parliament
               ,
               and
               Authority
               of
               Law
               ,
               expounding
               the
               same
               )
               at
               a
               Conference
               with
               the
               LORDS
               ,
               Concerning
               the
               Liberty
               of
               the
               person
               of
               every
               FREEMAN
               .
            
             
               
                 My
                 LORDS
                 ,
              
            
             
               VPon
               the
               occasions
               delivered
               by
               the
               Gentlemen
               ,
               your
               Lordships
               have
               heard
               ,
               the
               Commons
               have
               taken
               into
               their
               serious
               consideration
               the
               matter
               of
               the
               personal
               liberty
               :
               and
               after
               long
               debate
               thereof
               
               of
               on
               divers
               dayes
               ,
               aswell
               by
               solemn
               Arguments
               as
               single
               proportions
               of
               doubts
               and
               answers
               ,
               to
               the
               end
               no
               scruples
               might
               remain
               in
               any
               mans
               breast
               unsatisfyed
               ;
               They
               have
               ,
               upon
               a
               full
               search
               and
               clear
               understanding
               of
               all
               things
               pertinent
               to
               the
               question
               ,
               unanimously
               declared
               ,
               That
               no
               Freeman
               ought
               to
               be
               committed
               ,
               or
               detained
               in
               Prison
               ,
               or
               otherwise
               restrained
               by
               the
               command
               of
               the
               King
               ,
               or
               the
               Privy
               Councel
               ,
               or
               any
               other
               ,
               unless
               some
               cause
               of
               the
               commitment
               ,
               deteinor
               ,
               or
               restraint
               be
               expressed
               ,
               for
               which
               by
               Law
               he
               ought
               to
               be
               committed
               ,
               detained
               or
               restrained
               :
               And
               they
               have
               sent
               me
               with
               other
               of
               their
               Members
               to
               represent
               unto
               your
               Lordships
               the
               true
               grounds
               of
               such
               their
               resolution
               ,
               and
               have
               charged
               me
               particularly
               (
               leaving
               the
               reasons
               of
               Law
               and
               Presidents
               for
               others
               )
               to
               give
               your
               Lordships
               satisfaction
               ,
               that
               this
               Liberty
               is
               established
               and
               confirmed
               by
               the
               whole
               State
               ,
               the
               King
               ,
               the
               Lords
               Spiritual
               and
               Temporal
               ,
               and
               the
               Commons
               ,
               by
               several
               Acts
               of
               Parliament
               ,
               the
               authority
               whereof
               is
               so
               great
               ,
               that
               it
               can
               receive
               no
               answer
               ,
               save
               by
               interpretation
               or
               repeal
               by
               future
               Statutes
               :
               And
               those
               that
               I
               shall
               mind
               your
               Lordships
               of
               ,
               are
               so
               direct
               to
               the
               point
               ,
               that
               they
               can
               bear
               no
               other
               exposition
               at
               all
               ;
               and
               sure
               I
               am
               ,
               they
               are
               still
               in
               force
               .
            
             
               The
               first
               of
               them
               is
               the
               grand
               Charter
               of
               the
               Liberties
               of
               England
               ;
               first
               granted
               17.
               
               
                 Johannis
                 Regis
              
               ,
               and
               revived
               9.
               
               Hen.
               3
               :
               and
               
               since
               confirmed
               in
               Parliament
               above
               30.
               times
               .
               The
               words
               are
               these
               ▪
               
                 cap.
                 29.
                 
                 Nullus
                 liber
                 homo
                 capiatur
                 vel
                 imprisonetur
                 ,
                 aut
                 disseisetur
                 de
                 libero
                 tenemento
                 suo
                 ,
                 vel
                 Libertatibus
                 ,
                 vel
                 liberis
                 consuetudinibus
                 suis
                 ,
                 aut
                 ut
                 lagetur
                 ,
                 aut
                 exuletur
                 ,
                 aut
                 aliquo
                 modo
                 d●struatur
                 :
                 nec
                 super
                 eum
                 ibimus
                 ,
                 nec
                 super
                 eum
                 mittemus
                 ,
                 nisi
                 per
                 leg
                 ale
                 ●udiciu●
                 parium
                 suorum
                 ,
                 vel
                 per
                 legem
                 terrae
                 .
              
               These
               words
               
                 Nullus
                 liber
                 homo
              
               ,
               &c.
               are
               express
               enough
               .
               Yet
               it
               is
               remarkable
               ,
               that
               
                 Mathew
                 Paris
              
               (
               an
               Author
               of
               especial
               credit
               )
               doth
               observe
               fol.
               432
               that
               the
               Charter
               9.
               
               Henry
               3.
               was
               the
               very
               same
               as
               that
               of
               the
               17.
               of
               King
               
                 John
                 (
                 in
                 nullo
                 dissimilis
              
               are
               his
               words
               )
               and
               that
               of
               King
               John
               he
               setteth
               down
               
                 verbatim
                 fol.
              
               342.
               
               And
               there
               the
               words
               are
               directly
               ,
               
                 Nec
                 ●um
                 in
                 carcerem
                 mittemus
              
               :
               and
               such
               a
               corruption
               as
               in
               now
               in
               the
               point
               might
               easily
               happen
               betwixt
               9.
               
               Henry
               3.
               and
               28.
               
               Edward
               1.
               when
               this
               charter
               was
               first
               exemplified
               :
               but
               certainly
               ,
               there
               is
               sufficient
               left
               in
               that
               which
               is
               extant
               to
               decide
               this
               question
               :
               for
               the
               words
               are
               ,
               that
               no
               Freeman
               shall
               be
               taken
               or
               imprisoned
               but
               by
               the
               lawful
               judgement
               of
               his
               Peers
               (
               which
               is
               by
               Jury
               ;
               Peers
               for
               Peers
               ,
               ordinary
               Juryes
               for
               other
               ,
               who
               are
               their
               Peers
               )
               or
               by
               the
               Law
               of
               the
               Land
               :
               Which
               Law
               of
               the
               Land
               must
               of
               necessity
               be
               understood
               to
               be
               of
               this
               notion
               ,
               to
               be
               by
               due
               process
               of
               the
               Law
               ;
               and
               not
               the
               Law
               of
               the
               land
               generally
               :
               otherwise
               it
               would
               comprehend
               Bondmen
               (
               whom
               we
               call
               Villaines
               )
               who
               are
               excluded
               by
               rhe
               word
               
               liber
               :
               For
               the
               general
               Law
               of
               the
               Land
               doth
               allow
               their
               Lords
               to
               imprison
               them
               at
               their
               pleasure
               without
               cause
               ,
               wherein
               they
               only
               differ
               from
               the
               Freeman
               ,
               in
               respect
               of
               their
               persons
               ,
               who
               cannot
               be
               improsoned
               without
               a
               cause
               .
               And
               that
               this
               is
               the
               true
               understanding
               of
               these
               words
               ,
               
                 per
                 legem
                 terrae
              
               ,
               will
               more
               plainly
               appear
               by
               divers
               other
               Statutes
               that
               I
               shall
               use
               ,
               which
               do
               expound
               the
               same
               accordingly
               .
               And
               though
               the
               words
               of
               this
               grand
               Charter
               be
               spoken
               in
               the
               third
               person
               ;
               yet
               they
               are
               not
               to
               be
               understood
               of
               suits
               betwixt
               party
               and
               party
               ;
               at
               least
               not
               of
               them
               alone
               ,
               but
               even
               of
               the
               Kings
               suits
               against
               his
               Subjects
               ,
               as
               will
               appear
               by
               the
               occasion
               of
               the
               getting
               of
               that
               Charter
               ;
               which
               was
               by
               reason
               of
               the
               differences
               between
               those
               Kings
               and
               their
               People
               ;
               and
               therefore
               properly
               to
               be
               applied
               unto
               their
               power
               over
               them
               ,
               and
               not
               to
               ordinary
               questions
               betwixt
               Subject
               and
               Subject
               .
            
             
               Secondly
               ,
               the
               words
               
                 per
                 legale
                 judicium
                 parium
                 suorum
              
               immediately
               preceeding
               the
               other
               of
               
                 per
                 legem
                 terrae
              
               ,
               are
               meant
               of
               trials
               at
               the
               Kings
               suit
               ,
               and
               not
               at
               the
               prosecution
               of
               a
               Subject
               .
               And
               therefore
               if
               a
               Peer
               of
               the
               Realm
               be
               arraigned
               at
               the
               Suite
               of
               the
               King
               upon
               an
               Indictment
               of
               murder
               ,
               he
               shall
               be
               tryed
               by
               his
               Peers
               ;
               that
               is
               by
               Nobles
               :
               but
               if
               he
               be
               appealed
               of
               murder
               by
               a
               Subject
               ,
               his
               tryal
               shall
               be
               by
               an
               ordinary
               Jury
               of
               12.
               
               Freeholders
               ,
               as
               appeareth
               in
               10.
               
               
                 Edward
                 4
                 6.
                 33.
                 
                 Henry
                 8.
                 
                 Brooke
                 title
                 
                 trials
                 142
                 Stamf.
              
               pleas
               of
               the
               Crown
               lib.
               3.
               
                 cap.
                 1.
                 fol.
              
               152.
               
               And
               in
               10
               Edward
               4.
               it
               is
               said
               ,
               such
               is
               the
               meaning
               of
               
                 Magna
                 Charta
              
               .
               By
               the
               same
               reason
               therefore
               ,
               as
               
                 per
                 judicium
                 parium
                 suorum
              
               extends
               to
               the
               Kings
               suit
               ;
               so
               shall
               these
               words
               
                 per
                 legem
                 terrae
              
               .
               And
               in
               8.
               
               
                 Edward
                 3.
                 rot
                 .
                 Parl.
                 m.
              
               7.
               there
               is
               a
               petition
               ,
               that
               a
               Writ
               under
               the
               privy
               Seal
               went
               to
               the
               Guardian
               of
               the
               Great
               Seal
               ,
               to
               cause
               Lands
               to
               be
               seized
               into
               the
               Kings
               hands
               ;
               by
               force
               of
               which
               there
               went
               a
               Writ
               out
               of
               the
               Chancery
               to
               the
               Escheator
               ,
               to
               seize
               against
               the
               form
               of
               the
               Grand
               Charter
               ,
               that
               the
               King
               or
               his
               Ministers
               shall
               out
               no
               man
               of
               Free-hold
               without
               reasonable
               Judgement
               ,
               and
               the
               Party
               was
               restored
               to
               his
               Land
               ;
               which
               sheweth
               the
               Statute
               did
               extend
               to
               the
               King.
               There
               was
               no
               invasion
               upon
               this
               personal
               Liberty
               until
               the
               time
               of
               King
               Edward
               3.
               which
               was
               eftsoon
               resented
               by
               the
               Subject
               :
               For
               in
               5.
               
               
                 Edward
                 .
                 3.
                 cap.
              
               9.
               it
               is
               ordained
               in
               these
               words
               :
               It
               is
               enacted
               ,
               that
               no
               man
               from
               henceforth
               shall
               be
               attached
               by
               any
               accusation
               ,
               nor
               fore-judged
               of
               Life
               or
               Limb
               ,
               nor
               h●s
               Lands
               ,
               Tenements
               ,
               Goods
               nor
               Chattels
               seized
               into
               the
               Kings
               hands
               against
               the
               form
               of
               the
               great
               Charter
               and
               the
               Law
               of
               the
               Land.
               
            
             
               25.
               
               
                 Edward
                 3
                 ,
                 cap.
              
               4.
               is
               more
               full
               ;
               and
               doth
               expound
               the
               words
               of
               the
               grand
               Charter
               ;
               and
               is
               thus
               :
               Whereas
               it
               is
               contained
               in
               the
               great
               Charter
               of
               the
               Franchises
               of
               England
               ,
               that
               none
               shall
               be
               imprisoned
               
               nor
               put
               out
               of
               his
               Freehold
               ,
               nor
               of
               his
               Franchise
               nor
               free
               Custome
               ,
               unless
               it
               be
               by
               the
               Law
               of
               the
               Land.
               It
               is
               accorded
               ,
               assented
               and
               established
               ,
               that
               from
               henceforth
               none
               shall
               be
               taken
               by
               Petition
               or
               Suggestion
               made
               to
               our
               Lord
               the
               King
               ,
               or
               to
               his
               Counsel
               ,
               unless
               it
               be
               by
               Indictment
               or
               Presentment
               of
               his
               good
               and
               lawful
               People
               of
               the
               same
               Neighbourhood
               where
               such
               deeds
               be
               done
               ,
               in
               due
               manner
               ,
               or
               by
               process
               made
               by
               Writs
               Original
               at
               the
               common
               Law
               ,
               nor
               that
               none
               be
               put
               out
               of
               his
               Franchises
               nor
               of
               his
               freeholds
               ,
               unless
               he
               be
               due
               brought
               in
               answer
               ,
               and
               forejudged
               of
               the
               same
               by
               the
               course
               of
               the
               Law
               ,
               and
               if
               any
               thing
               be
               done
               against
               the
               same
               ,
               it
               shall
               be
               redressed
               and
               holden
               for
               none
               .
            
             
               Out
               of
               this
               Statute
               I
               observe
               ,
               that
               what
               in
               
                 Magna
                 Charta
              
               and
               the
               Preamble
               of
               this
               Statute
               ,
               is
               termed
               by
               the
               Law
               of
               the
               Land
               ,
               is
               by
               the
               body
               of
               this
               act
               expounded
               ,
               to
               be
               by
               process
               made
               by
               Writ
               Original
               at
               the
               Common
               Law
               ;
               which
               is
               a
               a
               plain
               interpretation
               of
               the
               words
               ,
               Law
               of
               the
               Land
               ,
               in
               the
               Grant
               Charter
               .
               And
               I
               note
               that
               this
               Law
               was
               made
               ,
               upon
               the
               Commitment
               of
               divers
               to
               the
               Tower
               ,
               no
               man
               yet
               knoweth
               for
               what
               .
            
             
               28
               
                 Edward
                 3.
                 cap.
              
               3.
               is
               yet
               more
               direct
               ;
               (
               this
               liberty
               being
               followed
               with
               fresh
               Suit
               by
               the
               Subject
               )
               where
               the
               words
               are
               not
               many
               ,
               but
               very
               full
               and
               significant
               :
               That
               no
               man
               ,
               of
               what
               Estate
               or
               condition
               
               soever
               he
               be
               ,
               shall
               be
               put
               out
               of
               his
               Lands
               or
               Tenements
               ,
               nor
               taken
               ,
               nor
               imprisoned
               ,
               nor
               disinherited
               ,
               nor
               put
               to
               death
               ,
               without
               he
               be
               brought
               in
               answer
               by
               due
               process
               of
               the
               Law.
               Here
               your
               Lordships
               see
               ,
               the
               usual
               words
               ,
               of
               the
               Law
               of
               the
               Land
               ,
               are
               rendered
               by
               due
               process
               of
               the
               Law.
               
            
             
               36.
               
               
                 Edward
                 .
                 3.
                 
                 Rot.
                 Parl.
                 n.
              
               9.
               amongst
               the
               Petitions
               of
               the
               Commons
               one
               of
               them
               (
               being
               translated
               into
               English
               out
               of
               French
               )
               is
               thus
               .
               First
               ,
               that
               the
               great
               Charter
               ,
               and
               the
               Charter
               of
               the
               Forrest
               ,
               and
               the
               other
               Statutes
               made
               in
               his
               time
               ,
               and
               in
               the
               time
               of
               his
               Progenitors
               ,
               for
               the
               profit
               of
               him
               and
               his
               Communalty
               ,
               be
               well
               and
               firmly
               kept
               ,
               and
               put
               in
               due
               execution
               ,
               without
               putting
               disturbance
               ,
               or
               making
               arrest
               contrary
               to
               them
               ,
               by
               special
               command
               ,
               or
               in
               other
               manner
               .
            
             
               The
               Answer
               to
               the
               Petition
               ,
               which
               makes
               it
               an
               Act
               of
               Parliament
               ,
               is
               :
               Our
               Lord
               the
               King
               ,
               by
               the
               assent
               of
               the
               Prelates
               ,
               Dukes
               ,
               Earles
               ,
               Barons
               ,
               and
               the
               Communalty
               hath
               ordained
               and
               established
               ;
               that
               the
               said
               Charters
               and
               Statutes
               be
               held
               and
               put
               in
               execution
               according
               to
               the
               said
               Petition
               .
               It
               is
               observeable
               that
               the
               Statutes
               were
               to
               be
               put
               in
               execution
               according
               to
               the
               said
               Petition
               ?
               which
               is
               ,
               that
               no
               Arrest
               should
               be
               made
               contrary
               to
               the
               Statutes
               ,
               by
               special
               command
               .
               This
               concludes
               the
               question
               ,
               and
               is
               of
               as
               great
               force
               as
               if
               it
               were
               printed
               .
               For
               the
               Parliament-Roll
               is
               the
               true
               warrant
               of
               an
               Act
               ,
               
               and
               many
               are
               omitted
               out
               of
               the
               Books
               that
               are
               extant
               .
            
             
               35.
               
               
                 Edward
                 3.
                 
                 Rot.
                 Parl.
                 nu
                 .
              
               20.
               explaineth
               it
               further
               .
               For
               there
               the
               Petition
               is
               :
               Item
               ,
               as
               it
               is
               contained
               in
               the
               grand
               Charter
               and
               other
               Statutes
               ,
               That
               no
               man
               be
               taken
               or
               imprisoned
               by
               special
               command
               without
               Indictment
               or
               other
               process
               to
               be
               made
               by
               the
               Law
               upon
               them
               ,
               aswel
               of
               things
               done
               out
               of
               the
               Forrest
               of
               the
               King
               ,
               as
               for
               other
               things
               ;
               That
               it
               would
               please
               our
               said
               Lord
               ;
               to
               command
               those
               to
               be
               delievered
               ,
               that
               are
               so
               taken
               by
               special
               command
               ,
               against
               the
               form
               of
               the
               Charters
               and
               Statutes
               aforesaid
               .
            
             
               The
               Answer
               is
               ,
               The
               King
               is
               pleased
               ,
               that
               if
               any
               man
               find
               himself
               greived
               ,
               that
               he
               come
               and
               make
               his
               complaint
               ,
               and
               right
               shall
               be
               done
               unto
               him
               .
            
             
               37.
               
               
                 Edward
                 3.
                 cap.
              
               18.
               agreeth
               in
               substance
               when
               it
               saith
               ,
               Though
               that
               it
               be
               contained
               in
               the
               great
               Charter
               ,
               that
               no
               man
               be
               taken
               ,
               nor
               imprisoned
               ,
               nor
               put
               out
               of
               his
               Freehold
               without
               process
               of
               the
               Law
               :
               Nevertheless
               divers
               People
               make
               false
               Suggestions
               to
               the
               King
               himself
               ;
               as
               well
               for
               malice
               or
               otherwise
               ,
               whereof
               the
               King
               is
               often
               grieved
               ,
               and
               divers
               of
               the
               Realm
               put
               in
               damage
               ,
               against
               the
               form
               of
               the
               the
               said
               Charter
               ,
               wherefore
               it
               is
               ordained
               that
               all
               they
               which
               make
               suggestions
               ,
               shall
               be
               sent
               with
               the
               same
               suggestions
               before
               the
               Chancellour
               ,
               Treasurer
               and
               his
               grand
               Council
               ;
               and
               that
               they
               there
               find
               Surety
               to
               pursue
               their
               suggestions
               :
               and
               incur
               the
               
               same
               pain
               that
               the
               other
               should
               have
               had
               if
               he
               were
               attainted
               ,
               in
               case
               that
               his
               suggestion
               be
               found
               evil
               ;
               and
               that
               then
               process
               of
               the
               Law
               be
               made
               against
               them
               ,
               without
               being
               taken
               and
               imprisoned
               against
               the
               form
               of
               the
               Charter
               and
               other
               Statutes
               .
               Here
               the
               Law
               of
               the
               Land
               in
               the
               grand
               Charter
               is
               explained
               to
               be
               without
               process
               of
               the
               Law.
               
            
             
               42.
               
               Edward
               3.
               at
               the
               request
               of
               the
               Commons
               by
               their
               Petitions
               put
               forth
               in
               this
               Parliament
               ,
               to
               eschew
               mischief
               and
               damage
               done
               to
               divers
               of
               his
               Commons
               by
               false
               Accusers
               ,
               which
               oftentimes
               have
               made
               their
               accusation
               more
               for
               revenge
               and
               singular
               benefit
               than
               for
               the
               profit
               of
               the
               King
               or
               of
               his
               People
               ;
               which
               accused
               persons
               ,
               some
               have
               been
               taken
               and
               sometime
               caused
               to
               come
               before
               the
               Kings
               Council
               ,
               by
               Writ
               or
               otherwise
               ,
               upon
               grievous
               pains
               against
               the
               Law
               ,
               It
               is
               assented
               and
               accorded
               for
               the
               good
               governance
               of
               the
               Commons
               ,
               that
               no
               man
               be
               put
               to
               answer
               without
               presentment
               before
               Justices
               or
               matter
               of
               Record
               ,
               or
               by
               due
               process
               and
               Writ
               original
               according
               to
               the
               old
               Law
               of
               the
               Land
               :
               and
               if
               any
               thing
               from
               henceforth
               be
               done
               to
               the
               contrary
               ,
               it
               shall
               be
               void
               in
               the
               Law
               and
               holden
               for
               Error
               .
            
             
               But
               this
               is
               better
               in
               the
               Parliament-Roll
               ,
               where
               the
               Petition
               and
               Answer
               (
               which
               make
               the
               Act
               )
               are
               set
               down
               at
               large
               42.
               
               
                 Edward
                 3.
                 
                 Rot.
                 Parl.
                 n.
              
               12.
               
               The
               Petition
               
               Item
               ,
               because
               that
               many
               of
               the
               Commons
               are
               hurt
               and
               destroyed
               by
               false
               Accusers
               ,
               who
               make
               their
               Accusations
               more
               for
               their
               revenge
               and
               particular
               gaine
               ,
               than
               for
               the
               profit
               of
               the
               King
               or
               his
               People
               :
               And
               those
               that
               are
               accused
               by
               them
               ,
               some
               have
               been
               taken
               ,
               and
               others
               are
               made
               to
               come
               before
               the
               King's
               Councel
               ,
               by
               Writ
               or
               other
               Command
               of
               the
               King
               ,
               upon
               grievous
               pains
               ,
               contrary
               to
               the
               Law.
               That
               it
               would
               please
               our
               Lord
               the
               King
               ,
               and
               his
               good
               Council
               ,
               for
               the
               just
               Government
               of
               his
               People
               ,
               to
               ordain
               ,
               that
               if
               hereafter
               any
               Accuser
               purpose
               any
               matter
               for
               the
               profit
               of
               the
               King
               ,
               that
               the
               matter
               be
               sent
               to
               the
               Justices
               of
               the
               one
               Bench
               or
               the
               other
               ,
               or
               the
               Assizes
               ,
               to
               be
               enquired
               and
               determined
               according
               to
               the
               Law
               ;
               and
               if
               it
               concern
               the
               Accuser
               or
               Party
               ,
               that
               he
               take
               his
               Suit
               at
               the
               Common
               Law
               ,
               and
               that
               no
               man
               be
               put
               to
               answer
               ,
               without
               presentment
               before
               Justices
               ,
               or
               matter
               of
               Record
               ,
               or
               by
               due
               process
               and
               Original
               Writ
               ,
               according
               to
               the
               antient
               Law
               of
               the
               Land
               ;
               and
               if
               any
               thing
               henceforward
               be
               done
               to
               the
               contrary
               ,
               that
               it
               be
               void
               in
               Law
               ,
               and
               held
               for
               error
               .
               Here
               ,
               by
               due
               process
               and
               Original
               Writ
               according
               to
               the
               antient
               Law
               of
               the
               Land
               ,
               is
               meant
               the
               same
               thing
               as
               
                 per
                 legem
                 terrae
              
               in
               
                 Magna
                 Charta
              
               .
               And
               the
               abuse
               was
               ,
               that
               they
               were
               put
               to
               answer
               by
               the
               Commandment
               of
               the
               King.
               The
               King's
               answer
               is
               thus
               .
               Because
               that
               this
               Article
               is
               an
               Article
               of
               the
               Grand
               
               Charter
               :
               The
               King
               will
               that
               this
               be
               done
               as
               the
               Petition
               doth
               demand
               .
               By
               this
               appeareth
               that
               
                 per
                 legem
                 terrae
              
               in
               
                 Magna
                 Charta
              
               is
               meant
               by
               due
               process
               of
               the
               Law.
               
            
             
               Thus
               your
               Lordships
               have
               heard
               Acts
               of
               Parliament
               in
               the
               point
               .
               But
               the
               Statute
               of
               Westminster
               the
               first
               cap.
               15.
               is
               urged
               to
               disprove
               this
               opinion
               ,
               where
               it
               is
               expresly
               said
               ,
               that
               a
               man
               is
               not
               replevisable
               who
               is
               committed
               by
               command
               of
               the
               King.
               Therefore
               the
               command
               of
               the
               King
               without
               any
               cause
               shewed
               ,
               is
               sufficient
               to
               commit
               a
               man
               to
               Prison
               .
               And
               because
               the
               strength
               of
               the
               Argument
               may
               appear
               ,
               and
               the
               answer
               be
               better
               understood
               ,
               I
               shall
               read
               the
               words
               of
               that
               Statute
               ,
               which
               are
               thus
               :
               And
               forasmuch
               as
               Sheriffs
               and
               others
               ,
               which
               have
               taken
               and
               kept
               in
               Prison
               ,
               persons
               detected
               of
               Felony
               ,
               and
               oftentimes
               have
               let
               out
               by
               Replevin
               ,
               such
               as
               were
               not
               replevisable
               ;
               because
               they
               would
               gaine
               of
               the
               one
               party
               ,
               and
               grieve
               the
               other
               .
               And
               forasmuch
               as
               before
               this
               time
               it
               was
               not
               certainly
               determined
               what
               persons
               were
               replevisable
               ,
               and
               what
               not
               ,
               but
               onely
               those
               that
               were
               taken
               for
               the
               death
               of
               a
               man
               ,
               or
               by
               commandment
               of
               the
               King
               ,
               or
               of
               his
               Justices
               ,
               or
               for
               the
               Forrest
               ;
               it
               is
               provided
               ,
               and
               by
               the
               King
               commanded
               ,
               that
               such
               Prisoners
               as
               before
               were
               outlawed
               ,
               and
               they
               which
               have
               abjured
               the
               Realm
               ,
               Provers
               ,
               and
               such
               as
               be
               taken
               with
               the
               manner
               ,
               and
               those
               which
               have
               broke
               the
               Kings
               Prison
               ,
               
               Theives
               openly
               defamed
               and
               known
               ,
               and
               such
               as
               be
               appealed
               by
               Provers
               ,
               so
               long
               as
               the
               Provers
               be
               living
               ,
               if
               they
               be
               not
               of
               good
               name
               ,
               and
               such
               as
               be
               taken
               for
               burning
               of
               Houses
               feloniously
               done
               ,
               or
               for
               false
               money
               ,
               or
               for
               counterfeiting
               the
               Kings
               Seal
               ,
               or
               Persons
               excommunicate
               taken
               at
               the
               request
               of
               the
               Bishop
               ,
               or
               for
               manifest
               offences
               ,
               or
               for
               treason
               touching
               the
               King
               himself
               ,
               shall
               be
               in
               no
               wise
               replevisable
               ,
               by
               the
               common
               VVrit
               or
               without
               VVrit
               .
               But
               such
               as
               be
               Indicted
               by
               Larceny
               ,
               by
               Inquests
               taken
               before
               Sheriffs
               or
               Bayliffs
               by
               their
               Office
               ,
               or
               of
               light
               suspition
               ,
               or
               for
               petty
               Larceny
               ,
               that
               amonnteth
               not
               above
               the
               value
               of
               12
               d.
               if
               they
               were
               not
               guilty
               of
               some
               other
               Larceny
               aforetime
               ,
               or
               guilty
               of
               receipt
               of
               Felons
               ,
               or
               of
               commandment
               or
               force
               ,
               or
               of
               aid
               in
               Felony
               done
               ,
               or
               guilty
               of
               some
               other
               Trespass
               for
               which
               one
               ought
               not
               to
               lose
               Life
               or
               Member
               ;
               and
               a
               man
               appealed
               by
               a
               Prover
               ;
               after
               the
               death
               of
               the
               Prover
               if
               he
               be
               no
               common
               Thief
               ,
               nor
               defamed
               ,
               shall
               from
               henceforth
               be
               let
               out
               by
               sufficient
               Surety
               ,
               whereof
               the
               Sheriff
               will
               be
               answerable
               ,
               and
               that
               without
               giving
               ought
               of
               their
               Goods
               .
               And
               if
               the
               Sheriff
               or
               any
               other
               let
               any
               go
               at
               large
               by
               Surety
               ,
               that
               is
               not
               replevisable
               ,
               if
               he
               be
               the
               Sheriff
               ,
               Constable
               ,
               or
               any
               other
               Bayliff
               of
               Fee
               which
               hath
               keeping
               of
               Prisons
               ,
               and
               thereof
               be
               attained
               ,
               he
               shall
               lose
               his
               Fee
               and
               Office
               for
               ever
               .
               And
               if
               the
               Under-Sheriff
               ,
               Constable
               or
               Bayliff
               of
               such
               as
               hath
               
               Fee
               for
               keeping
               of
               Prisons
               ,
               do
               it
               contrary
               to
               the
               will
               of
               his
               Lord
               ,
               or
               any
               other
               Bayliff
               being
               not
               of
               Fee
               ,
               they
               shall
               have
               3.
               years
               imprisonment
               ,
               and
               make
               a
               fine
               at
               the
               King's
               pleasure
               .
               And
               if
               any
               with-hold
               Prisoners
               replevisable
               after
               they
               have
               offered
               sufficient
               Surety
               ,
               he
               shall
               pay
               a
               grievous
               amerciament
               to
               the
               King
               ;
               and
               if
               he
               take
               any
               Reward
               for
               the
               deliverance
               of
               such
               ,
               he
               shall
               pay
               double
               to
               the
               Prisoner
               ,
               and
               also
               shall
               be
               in
               the
               great
               mercy
               of
               the
               King.
               The
               answer
               is
               ,
               it
               must
               be
               acknowledged
               ,
               that
               a
               man
               taken
               by
               the
               command
               of
               the
               King
               is
               not
               replevisable
               ,
               for
               so
               are
               the
               express
               words
               of
               this
               Statute
               ,
               but
               this
               maketh
               nothing
               against
               the
               Declaration
               of
               the
               Commons
               :
               for
               they
               say
               not
               ,
               that
               the
               Sheriff
               may
               Replevin
               such
               a
               man
               by
               Surety
               ,
               
                 Scilicet
                 Manucaptores
              
               :
               but
               that
               he
               is
               bayleable
               by
               the
               Kings
               Court
               of
               Justice
               :
               for
               the
               better
               apprehending
               whereof
               ,
               it
               is
               to
               be
               known
               ,
               that
               there
               is
               a
               difference
               betwixt
               Replevisable
               ,
               which
               is
               alwayes
               by
               the
               Sheriff
               upon
               Pledges
               or
               Sureties
               given
               ,
               and
               Baileable
               by
               a
               Court
               of
               Record
               ,
               where
               the
               Prisoner
               is
               delivered
               to
               his
               Baile
               and
               they
               are
               his
               Jailors
               ,
               and
               may
               imprison
               him
               ,
               and
               shall
               suffer
               for
               him
               body
               for
               body
               ,
               as
               appeareth
               33.
               
               &
               36.
               
               Edward
               3.
               in
               the
               title
               of
               
                 Mainprise
                 ,
                 plit
              
               .
               12
               ,
               13.
               where
               the
               difference
               betwixt
               Baile
               and
               Mainprise
               is
               expresly
               taken
               .
               And
               if
               the
               words
               of
               the
               Statute
               it self
               be
               observed
               ,
               it
               will
               appear
               plainly
               that
               it
               extends
               to
               the
               
               Sheriffs
               and
               other
               inferiour
               Officers
               ,
               and
               doth
               not
               bind
               the
               hand
               of
               the
               Judges
               .
               The
               Preamble
               ,
               which
               is
               the
               Key
               that
               openeth
               the
               entrance
               into
               the
               meaning
               of
               the
               Makers
               of
               the
               Law
               )
               is
               :
               Forasmuch
               as
               Sheriffs
               ,
               and
               others
               ,
               which
               have
               taken
               and
               kept
               in
               Prison
               persons
               detected
               of
               Felony
               .
               Out
               of
               these
               words
               I
               observe
               ,
               that
               it
               nominateth
               Sheriffs
               ;
               and
               then
               if
               the
               Justices
               should
               be
               included
               ,
               they
               must
               be
               comprehended
               under
               the
               general
               word
               ,
               Others
               ;
               which
               doth
               not
               use
               to
               extend
               to
               those
               of
               an
               higher
               rank
               ,
               but
               to
               inferiours
               :
               For
               the
               best
               ,
               by
               all
               course
               is
               first
               to
               be
               named
               ;
               and
               therefore
               if
               a
               man
               bring
               a
               writ
               of
               Customes
               and
               Services
               ,
               and
               name
               Rents
               and
               other
               things
               ,
               the
               general
               words
               shall
               not
               include
               homage
               ,
               which
               is
               a
               personal
               service
               ,
               and
               of
               an
               higher
               nature
               ;
               but
               it
               shall
               extend
               to
               ordinary
               annual
               services
               ,
               31.
               
               
                 Edward
                 1.
                 droit
                 67.
              
               
               So
               the
               Statute
               of
               13.
               
               
                 Elizabeth
                 cap.
              
               10.
               which
               beginning
               with
               Colledges
               ,
               Deans
               and
               Chapters
               ,
               Parsons
               and
               Vicars
               ,
               and
               concludes
               with
               these
               words
               ,
               
                 and
                 others
                 (
                 and
                 others
                 having
                 spiritual
                 promotions
                 )
              
               shall
               not
               comprehend
               Bishops
               ,
               that
               are
               of
               an
               higher
               degree
               ,
               as
               appeareth
               in
               the
               Arch-bishop
               of
               Canterbury
               his
               Case
               reported
               by
               
                 Sir
                 Edward
                 Cook
                 lib.
                 2.
                 fol.
              
               466.
               
               And
               thus
               much
               is
               explained
               in
               this
               very
               Statute
               ,
               to
               the
               end
               when
               it
               doth
               enumerate
               those
               were
               meant
               by
               the
               word
               other
               ,
               namely
               Under-sheriffs
               ,
               Constables
               ,
               Bayliffes
               .
               Again
               ,
               
               the
               words
               are
               Sheriffs
               and
               others
               ,
               which
               have
               taken
               and
               kept
               in
               Prison
               .
               Now
               every
               man
               knoweth
               ,
               that
               Judges
               do
               neither
               arrest
               nor
               keep
               men
               in
               Prison
               ;
               that
               is
               the
               office
               of
               Sheriffs
               ,
               and
               other
               inferiour
               Ministers
               ;
               Therefore
               this
               Statute
               meant
               such
               only
               .
               and
               not
               Judges
               .
               The
               words
               are
               further
               ,
               that
               they
               let
               out
               by
               replevin
               such
               as
               were
               not
               replevisable
               .
               This
               is
               the
               proper
               language
               for
               a
               Sheriff
               :
               Nay
               more
               express
               afterwards
               ,
               in
               the
               body
               of
               the
               Statute
               :
               That
               such
               as
               are
               there
               mentioned
               ,
               shall
               be
               in
               no
               wise
               replevisable
               by
               the
               common
               VVrit
               (
               which
               is
               
                 de
                 homine
                 replegiando
              
               ,
               and
               is
               directed
               to
               the
               Sheriff
               )
               nor
               withour
               Writ
               (
               which
               is
               by
               the
               Sheriff
               ,
               
                 Ex
                 Officio
              
               )
               But
               that
               which
               receives
               no
               answer
               ,
               is
               this
               :
               That
               the
               command
               of
               the
               Justices
               (
               who
               derive
               their
               authority
               from
               the
               Crown
               )
               is
               there
               equalled
               as
               to
               this
               purpose
               with
               the
               command
               of
               the
               King
               ;
               aud
               therefore
               by
               all
               reasonable
               construction
               ,
               it
               must
               needs
               relate
               to
               Officers
               that
               are
               subordinate
               to
               both
               ,
               as
               Sheriffs
               ,
               Undersheriffs
               ,
               Bayliffes
               ,
               Constables
               ,
               and
               the
               like
               :
               and
               it
               were
               an
               harsh
               exposition
               to
               say
               ,
               that
               the
               Justices
               might
               not
               discharge
               their
               own
               command
               ;
               and
               yet
               that
               reason
               would
               conclude
               as
               much
               .
               And
               that
               this
               was
               meant
               of
               the
               Sheriffs
               and
               other
               Ministers
               of
               Justice
               ,
               appeareth
               by
               the
               Recital
               of
               27.
               
               Edward
               3.
               cap.
               3.
               and
               likewise
               by
               Fleta
               ,
               a
               Manuscript
               so
               called
               ,
               because
               the
               Author
               lay
               in
               the
               Fleet
               when
               he
               made
               the
               Book
               .
               
               For
               he
               
                 Lib.
                 2.
                 cap.
              
               52.
               in
               his
               Chapter
               of
               Turns
               ,
               and
               the
               Views
               of
               the
               hundred
               Courts
               in
               the
               Countrey
               ,
               and
               setteth
               down
               the
               Articles
               of
               the
               charges
               that
               are
               there
               to
               be
               enquired
               of
               ;
               amongst
               which
               ,
               one
               of
               them
               is
               ,
               
                 De
                 replegialibus
                 injuste
                 detentis
                 &
                 irreplegialibus
                 dimissis
              
               ;
               which
               cannot
               be
               meant
               of
               not
               bailing
               by
               the
               Justices
               .
               For
               what
               have
               the
               
                 inferiour
                 Courts
              
               of
               the
               Countrey
               to
               do
               with
               the
               Acts
               of
               the
               Justices
               ?
               And
               to
               make
               it
               more
               plain
               ,
               he
               setteth
               down
               in
               his
               Chapter
               (
               that
               concerns
               Sheriffs
               onely
               )
               the
               very
               Statute
               of
               
                 West
                 .
                 1.
                 cap.
              
               15.
               which
               he
               translates
               verbatim
               out
               of
               the
               French
               into
               Latine
               ,
               save
               that
               he
               renders
               ,
               Taken
               by
               the
               command
               of
               the
               Justices
               thus
               ,
               
                 Per
                 judicium
                 Justitiariorum
              
               ,
               and
               his
               Preface
               to
               the
               Statute
               plainly
               sheweth
               that
               he
               understood
               it
               of
               Replevin
               by
               Sheriffs
               :
               for
               he
               saith
               ,
               
                 Qui
                 non
                 debent
                 per
                 plegios
                 dimitti
                 ,
                 qui
                 non
                 declaret
                 hoc
                 Statutum
              
               ;
               and
               
                 per
                 plegios
              
               is
               before
               the
               Sheriff
               .
               But
               for
               direct
               authority
               ,
               it
               is
               the
               opinion
               of
               Newton
               Chief
               Justice
               ,
               22.
               
               Henry
               6.
               46.
               where
               his
               words
               are
               these
               :
               It
               cannot
               be
               intended
               but
               the
               Sheriff
               did
               suffer
               him
               to
               go
               at
               large
               by
               mainprise
               :
               for
               where
               one
               is
               taken
               by
               the
               VVrit
               of
               the
               King
               ,
               at
               the
               commandment
               of
               the
               King
               ,
               he
               is
               replevisable
               ;
               but
               in
               such
               Cases
               his
               Friends
               may
               come
               to
               the
               Justices
               for
               him
               if
               he
               be
               arrested
               ,
               and
               purchase
               a
               Supersedeas
               .
               This
               Judge
               concludes
               ,
               that
               the
               Sheriff
               cannot
               deliver
               him
               that
               is
               taken
               by
               the
               command
               of
               the
               
               King
               ,
               for
               that
               he
               is
               irreplevisable
               ,
               which
               are
               the
               very
               words
               of
               the
               Statute
               :
               but
               saith
               he
               ,
               his
               Friends
               may
               come
               to
               the
               Justices
               ,
               and
               purchase
               a
               Supersedeas
               .
               So
               he
               declares
               the
               very
               question
               ,
               that
               the
               Sheriff
               had
               no
               power
               ,
               but
               that
               the
               Justices
               had
               power
               to
               deliver
               him
               who
               is
               committed
               by
               the
               Kings
               command
               ,
               and
               both
               the
               antient
               and
               modern
               practise
               manifests
               as
               much
               .
               For
               he
               that
               is
               taken
               for
               the
               death
               of
               a
               man
               ,
               or
               for
               the
               Forrest
               ,
               is
               not
               replevisable
               by
               the
               Sheriff
               ;
               Yet
               they
               are
               ordiuarily
               bayled
               by
               the
               Justices
               ,
               and
               were
               by
               the
               Kings
               VVrits
               directed
               to
               the
               Sheriffs
               in
               the
               times
               of
               
                 Edward
                 1.
                 
                 &
                 Edward
                 2.
              
               as
               it
               appears
               in
               the
               close
               Rolls
               ,
               which
               could
               not
               be
               done
               if
               they
               were
               not
               baileable
               :
               and
               it
               is
               every
               dayes
               experience
               that
               the
               Justices
               of
               the
               Kings
               Bench
               do
               baile
               for
               murder
               ,
               and
               for
               Offences
               done
               in
               the
               Forrest
               ;
               which
               they
               could
               not
               do
               ,
               if
               the
               word
               Irreplevisable
               in
               
                 Westminster
                 l.
              
               were
               meant
               of
               the
               Justices
               as
               well
               as
               the
               Sheriffs
               .
            
             
               For
               the
               Authorities
               that
               have
               been
               offered
               to
               prove
               the
               contrary
               ,
               
               they
               are
               in
               number
               three
               .
               The
               first
               is
               21.
               
               Edward
               1.
               
                 rot
                 .
                 2.
              
               in
               Scrin
               .
               which
               also
               is
               in
               the
               book
               of
               Pleas
               in
               the
               Parliament
               at
               the
               Tower
               fol.
               44.
               
               It
               is
               not
               an
               Act
               of
               Parliament
               ,
               but
               a
               Resolution
               in
               Parliament
               ,
               upon
               an
               Action
               there
               brought
               ,
               which
               was
               usual
               in
               those
               times
               .
               And
               the
               Case
               is
               ,
               that
               
                 Stephen
                 Rabab
              
               the
               Sheriff
               of
               the
               County
               of
               Leicester
               ,
               and
               Warwick
               was
               questioned
               for
               that
               he
               
               had
               let
               at
               large
               ,
               by
               Sureties
               ,
               amongst
               others
               ,
               one
               William
               the
               Sonne
               of
               
                 Walter
                 le
                 Persons
              
               ,
               against
               the
               will
               and
               command
               of
               the
               King
               ,
               whereas
               the
               King
               had
               commanded
               him
               by
               Letters
               under
               his
               Privy
               Seal
               ,
               that
               he
               should
               do
               no
               favour
               to
               any
               man
               ,
               that
               was
               committed
               by
               the
               command
               of
               the
               Earl
               of
               Warwick
               ,
               as
               that
               man
               was
               :
               VVhereunto
               the
               Sheriff
               answered
               ,
               that
               he
               did
               it
               at
               the
               request
               of
               some
               of
               the
               King's
               Houshold
               upon
               their
               Letters
               .
               And
               because
               the
               Sheriff
               did
               acknowledge
               the
               receipt
               of
               the
               King's
               Letters
               ,
               thereupon
               he
               was
               committed
               to
               Prison
               ,
               according
               to
               the
               form
               of
               the
               Statute
               .
            
             
               To
               this
               I
               answer
               ,
               that
               the
               Sheriff
               was
               justly
               punished
               ,
               for
               that
               he
               is
               expresly
               bound
               by
               the
               Statute
               of
               West
               .
               1.
               which
               was
               agreed
               from
               the
               beginning
               .
               But
               this
               is
               no
               proof
               that
               the
               Judges
               had
               not
               power
               to
               baile
               this
               man.
               
            
             
               The
               next
               Authority
               is
               33.
               
               
               Henry
               6
               .
               in
               the
               Court
               of
               Common
               Pleas
               ,
               
                 fol.
                 28.
                 b.
              
               29
               .
               where
               
                 Robert
                 Poynings
              
               
                 Esq
              
               was
               brought
               to
               the
               Bar
               upon
               a
               Capias
               ,
               and
               it
               was
               returned
               ,
               that
               he
               was
               committed
               
                 per
                 duos
                 de
                 Concilio
              
               (
               which
               is
               strongest
               against
               what
               I
               maintain
               )
               
                 pro
                 diversis
                 causis
                 Regem
                 tangentibus
              
               ,
               And
               he
               made
               an
               Attorney
               there
               in
               an
               Action
               :
               Whence
               it
               is
               inferred
               ,
               that
               the
               Return
               was
               good
               ,
               and
               the
               Party
               could
               not
               be
               delivered
               .
            
             
               To
               this
               the
               answer
               is
               plain
               .
               First
               ,
               
               no
               Opinion
               is
               delivered
               ,
               in
               that
               Book
               ,
               one
               
               way
               or
               other
               upon
               the
               Return
               ,
               neither
               is
               there
               any
               testimony
               whether
               he
               were
               delivered
               or
               bailed
               ,
               or
               not
               .
            
             
               Secondly
               ,
               it
               appears
               expresly
               that
               he
               was
               brought
               thither
               to
               be
               charged
               in
               an
               Action
               of
               Debt
               at
               another
               mans
               Suit
               ,
               and
               no
               desire
               of
               his
               own
               to
               be
               delivered
               or
               bailed
               :
               and
               then
               ,
               if
               he
               were
               remanded
               ,
               it
               is
               no
               way
               material
               to
               the
               question
               in
               hand
               .
            
             
               But
               that
               which
               is
               most
               relyed
               upon
               ,
               
               is
               the
               Opinion
               of
               Stanford
               in
               his
               book
               of
               the
               Pleas
               of
               the
               Crown
               
                 Lib.
                 2.
                 cap.
                 18.
                 fol.
              
               72.
               73
               ,
               in
               his
               Chapter
               of
               Mainprise
               ,
               where
               he
               reciteth
               the
               Chapter
               of
               
                 West
                 .
                 1.
                 cap.
              
               15.
               and
               then
               saith
               thus
               :
               By
               this
               Statute
               it
               appears
               ,
               that
               in
               4.
               
               Causes
               at
               the
               Common
               Law
               a
               man
               was
               not
               replevisable
               ;
               to
               wit
               ,
               those
               that
               were
               taken
               for
               the
               death
               of
               a
               man
               ,
               by
               the
               command
               of
               the
               King
               ,
               or
               of
               his
               Justices
               ,
               or
               for
               the
               Forrest
               .
               Thus
               far
               he
               is
               most
               right
               .
               Then
               he
               goeth
               on
               and
               saith
               ;
               As
               to
               the
               command
               of
               the
               King
               ;
               that
               is
               understood
               of
               the
               command
               by
               his
               own
               mouth
               ,
               or
               his
               Council
               ,
               which
               is
               incorporated
               unto
               him
               and
               speak
               with
               his
               mouth
               ;
               or
               otherwise
               every
               Writ
               of
               Capias
               to
               take
               a
               man
               (
               which
               is
               the
               Kings
               command
               )
               would
               be
               as
               much
               .
               And
               as
               to
               the
               command
               of
               the
               Justices
               ,
               their
               absolute
               commandment
               ;
               for
               if
               it
               be
               their
               ordinary
               Commandment
               ,
               he
               is
               replevisable
               by
               the
               Sheriff
               ,
               if
               it
               be
               not
               in
               some
               of
               the
               Cases
               prohibited
               by
               the
               Statute
               .
            
             
             
               The
               answer
               that
               I
               give
               unto
               this
               is
               ,
               that
               Stamford
               hath
               said
               nothing
               whether
               a
               man
               may
               be
               committed
               without
               cause
               by
               the
               Kings
               command
               ,
               or
               whether
               the
               Judges
               might
               not
               baile
               him
               in
               such
               Case
               ;
               but
               only
               that
               such
               an
               one
               is
               not
               replevisable
               ;
               which
               is
               agreed
               ;
               for
               that
               belongs
               to
               the
               Sheriff
               :
               and
               because
               no
               man
               should
               think
               he
               meant
               any
               such
               thing
               ,
               he
               concludes
               his
               whole
               sentence
               touching
               the
               command
               of
               the
               King
               and
               the
               Justices
               ,
               that
               one
               committed
               by
               the
               Justice's
               ordinary
               command
               is
               replevisable
               by
               the
               Sheriff
               ;
               So
               either
               he
               meant
               all
               by
               the
               Sheriff
               ;
               or
               at
               least
               it
               appears
               not
               that
               he
               meant
               ,
               that
               a
               man
               committed
               by
               the
               King
               or
               the
               Privy
               Council
               ,
               without
               cause
               ,
               is
               not
               baileable
               by
               the
               Justices
               :
               and
               then
               he
               hath
               given
               no
               opinion
               in
               this
               Case
               .
               What
               he
               would
               have
               said
               ,
               if
               he
               had
               been
               asked
               the
               question
               ,
               cannot
               be
               known
               :
               Neither
               doth
               doth
               it
               appear
               by
               any
               thing
               he
               hath
               said
               ,
               that
               he
               meant
               any
               such
               thing
               as
               would
               be
               inforced
               out
               of
               him
               .
            
             
               And
               now
               ,
               my
               Lords
               ,
               I
               have
               performed
               the
               command
               of
               the
               house
               of
               Commons
               ,
               and
               (
               as
               I
               conceive
               )
               shall
               leave
               their
               Declaration
               of
               personal
               liberty
               an
               antient
               and
               undoubted
               truth
               ,
               fortifyed
               with
               seven
               Acts
               of
               Parliament
               ,
               and
               not
               opposed
               by
               any
               Statute
               or
               Authority
               of
               Law
               whatsoever
               .
            
             
               
               
                 The
                 Objections
                 of
                 the
                 Kings
                 Councel
                 ,
                 with
                 the
                 Answers
                 made
                 thereunto
                 at
                 the
                 two
                 other
                 conferences
                 touching
                 the
                 same
                 matter
                 .
              
               
                 IT
                 was
                 agreed
                 by
                 Master
                 Attorney
                 General
                 ,
                 that
                 the
                 seven
                 Statutes
                 urged
                 by
                 the
                 Commons
                 were
                 in
                 force
                 ,
                 and
                 that
                 
                   Magna
                   Charta
                
                 did
                 extend
                 most
                 properly
                 to
                 the
                 King
                 ,
                 But
                 he
                 said
                 ,
                 that
                 some
                 of
                 them
                 are
                 in
                 general
                 words
                 ,
                 and
                 therefore
                 conclued
                 nothing
                 ;
                 but
                 are
                 to
                 be
                 expounded
                 by
                 the
                 Presidents
                 ,
                 and
                 others
                 ,
                 that
                 be
                 more
                 particular
                 ;
                 are
                 applied
                 to
                 the
                 suggestions
                 of
                 Subjects
                 ,
                 aud
                 not
                 to
                 the
                 Kings
                 command
                 simply
                 of
                 it self
                 .
              
               
                 Hereunto
                 is
                 answered
                 ,
                 that
                 the
                 Statutes
                 were
                 as
                 direct
                 as
                 could
                 be
                 ,
                 which
                 appeareth
                 by
                 the
                 reading
                 of
                 them
                 ,
                 and
                 that
                 though
                 some
                 of
                 themspeak
                 of
                 suggestions
                 of
                 the
                 Subjects
                 ,
                 yet
                 others
                 do
                 not
                 ;
                 and
                 they
                 that
                 .
                 do
                 ,
                 are
                 as
                 effectual
                 ;
                 for
                 that
                 they
                 are
                 in
                 qual
                 reason
                 ;
                 a
                 commitment
                 by
                 the
                 command
                 of
                 the
                 King
                 being
                 of
                 as
                 great
                 force
                 when
                 it
                 moveth
                 by
                 a
                 suggestion
                 feom
                 a
                 Subject
                 ,
                 as
                 when
                 the
                 King
                 taketh
                 notice
                 of
                 the
                 cause
                 himself
                 ;
                 the
                 rather
                 ,
                 for
                 that
                 Kings
                 seldome
                 intermeddle
                 with
                 matters
                 of
                 this
                 nature
                 ,
                 but
                 by
                 information
                 from
                 some
                 of
                 their
                 People
                 .
              
               
                 2.
                 
                 Master
                 Attorney
                 objected
                 ,
                 that
                 
                   per
                   legem
                   terrae
                   in
                   Magna
                   Charta
                
                 (
                 which
                 is
                 the
                 Foundation
                 of
                 this
                 question
                 )
                 cannot
                 be
                 
                 understood
                 for
                 process
                 of
                 the
                 Law
                 and
                 Original
                 Writ
                 :
                 for
                 that
                 in
                 all
                 Criminal
                 proceedings
                 no
                 Original
                 Writs
                 is
                 used
                 at
                 all
                 ,
                 but
                 every
                 Constable
                 may
                 arrest
                 ,
                 either
                 for
                 felony
                 ,
                 or
                 for
                 breach
                 of
                 the
                 Peace
                 ,
                 without
                 process
                 or
                 Original
                 Writ
                 :
                 And
                 it
                 were
                 hard
                 the
                 King
                 should
                 not
                 have
                 the
                 power
                 of
                 a
                 Constable
                 :
                 and
                 the
                 Statutes
                 cited
                 by
                 the
                 Commons
                 make
                 process
                 of
                 the
                 Law
                 ,
                 and
                 Writ
                 Original
                 to
                 be
                 all
                 one
                 .
              
               
                 The
                 Answer
                 of
                 the
                 Commons
                 to
                 this
                 Objection
                 was
                 ,
                 that
                 they
                 do
                 not
                 intend
                 Original
                 Writs
                 only
                 by
                 the
                 Law
                 of
                 the
                 Land
                 ,
                 but
                 all
                 other
                 legal
                 process
                 which
                 comprehend
                 the
                 whole
                 proceedings
                 of
                 Law
                 upon
                 the
                 cause
                 ;
                 other
                 then
                 the
                 tryal
                 by
                 
                   Jury
                   ,
                   per
                   judicium
                   parium
                
                 ,
                 unto
                 which
                 it
                 is
                 opposed
                 .
                 Thus
                 much
                 is
                 imposed
                 
                   ex
                   vi
                   termini
                
                 ,
                 out
                 of
                 the
                 word
                 process
                 ,
                 and
                 by
                 the
                 true
                 acceptation
                 thereof
                 in
                 the
                 Statute
                 have
                 been
                 urged
                 by
                 the
                 Commons
                 to
                 maintain
                 their
                 declaration
                 ;
                 and
                 most
                 especially
                 in
                 the
                 Statutes
                 of
                 25.
                 
                 
                   Edward
                   3.
                   c●
                   p.
                
                 4.
                 where
                 it
                 appeareth
                 ,
                 that
                 a
                 man
                 ought
                 to
                 be
                 brought
                 in
                 to
                 answer
                 by
                 the
                 course
                 of
                 the
                 Law
                 ,
                 having
                 made
                 former
                 mention
                 of
                 process
                 made
                 by
                 Original
                 Writ
                 .
                 And
                 in
                 28.
                 
                 
                   Edward
                   3.
                   cap.
                
                 3.
                 by
                 the
                 course
                 of
                 the
                 Law
                 ,
                 is
                 rendred
                 by
                 due
                 process
                 of
                 the
                 Law.
                 And
                 36.
                 
                 
                   Edward
                   3.
                   
                   Rot.
                   Parl.
                   nu
                   .
                
                 20.
                 the
                 Petition
                 of
                 the
                 Commons
                 saith
                 ,
                 
                 that
                 no
                 man
                 ought
                 to
                 be
                 imprisoned
                 by
                 special
                 command
                 without
                 Indictment
                 ,
                 or
                 other
                 due
                 process
                 to
                 be
                 made
                 by
                 the
                 Law.
                 37
                 
                   Edward
                   3.
                   cap
                
                 18.
                 calleth
                 the
                 
                 same
                 thing
                 process
                 of
                 the
                 Law.
                 And
                 42.
                 
                 
                   Edward
                   3.
                   cap.
                
                 3.
                 stileth
                 it
                 by
                 due
                 process
                 and
                 Writ
                 Original
                 ;
                 where
                 the
                 Conjunctive
                 must
                 be
                 taken
                 for
                 a
                 Disjunctive
                 ;
                 which
                 change
                 is
                 ordinary
                 in
                 exposition
                 of
                 Statutes
                 and
                 Deeds
                 to
                 avoid
                 inconveniences
                 ,
                 and
                 to
                 make
                 it
                 stand
                 with
                 the
                 rest
                 ,
                 and
                 with
                 Reason
                 ,
                 and
                 it
                 may
                 be
                 Collected
                 ,
                 that
                 by
                 the
                 Law
                 of
                 the
                 Land
                 in
                 
                   Magna
                   charta
                
                 ;
                 by
                 the
                 course
                 of
                 the
                 Law
                 in
                 2
                 5.
                 
                 
                   Edward
                   3.
                
                 by
                 due
                 process
                 of
                 the
                 Law
                 in
                 28.
                 
                 Ed.
                 3.
                 other
                 due
                 process
                 to
                 be
                 made
                 by
                 the
                 Law
                 36.
                 
                 
                   Edward
                   3.
                
                 process
                 of
                 the
                 Law
                 37.
                 
                 Edward
                 3.
                 and
                 by
                 due
                 process
                 and
                 Writ
                 Original
                 42.
                 
                 Edward
                 3.
                 are
                 meant
                 one
                 and
                 the
                 same
                 thing
                 ;
                 the
                 latter
                 of
                 these
                 Statutes
                 referring
                 alwayes
                 to
                 the
                 former
                 ;
                 and
                 that
                 all
                 of
                 them
                 import
                 any
                 due
                 and
                 regular
                 proceeding
                 of
                 Law
                 upon
                 a
                 cause
                 ,
                 other
                 then
                 a
                 trial
                 by
                 Jury
                 .
                 And
                 this
                 appeareth
                 Cook
                 10.
                 74.
                 in
                 the
                 case
                 of
                 the
                 Marsha●●●c
                 ;
                 and
                 
                   Cook.
                   1.99
                
                 .
                 Sir.
                 
                   James
                   Bagg's
                   case
                
                 ,
                 where
                 it
                 is
                 understood
                 of
                 giving
                 jurisdiction
                 by
                 Charter
                 or
                 Prescription
                 ,
                 which
                 is
                 the
                 ground
                 or
                 a
                 proceeding
                 by
                 course
                 of
                 Law
                 ;
                 and
                 in
                 S●ld●rs
                 Notes
                 ou
                 
                   〈◊〉
                   fol.
                   29.
                
                 where
                 it
                 is
                 expounded
                 for
                 Wager
                 of
                 Law
                 ,
                 which
                 is
                 likewise
                 a
                 TRYAL
                 at
                 Law
                 by
                 the
                 Oath
                 of
                 the
                 party
                 ,
                 differing
                 from
                 that
                 of
                 Jury
                 :
                 and
                 it
                 doth
                 truly
                 comprehend
                 these
                 and
                 all
                 other
                 regular
                 proceedings
                 in
                 Law
                 upon
                 cause
                 ,
                 which
                 gives
                 authority
                 to
                 the
                 Constable
                 to
                 arrest
                 upon
                 cause
                 ;
                 and
                 if
                 this
                 should
                 not
                 be
                 the
                 true
                 
                 exposition
                 of
                 these
                 words
                 
                   (
                   per
                   legem
                   terrae
                
                 )
                 the
                 King's
                 Council
                 were
                 desired
                 to
                 declare
                 their
                 meaning
                 ;
                 which
                 they
                 never
                 offered
                 to
                 do
                 ;
                 And
                 yet
                 certainly
                 ,
                 these
                 words
                 were
                 not
                 put
                 into
                 the
                 Statute
                 ,
                 without
                 some
                 intention
                 of
                 consequence
                 .
              
               
                 And
                 thereupon
                 M.
                 
                   Serjeant
                   Ashley
                
                 offered
                 an
                 interpretation
                 of
                 them
                 thus
                 ;
                 namely
                 ,
                 that
                 there
                 were
                 divers
                 Laws
                 of
                 this
                 Realm
                 ;
                 As
                 the
                 Common
                 Law
                 ;
                 the
                 Law
                 of
                 the
                 Chancery
                 ;
                 the
                 Ecclesiastical
                 Law
                 ;
                 the
                 Law
                 of
                 Admiralty
                 or
                 Marine
                 Law
                 ;
                 the
                 Law
                 of
                 Merchants
                 ;
                 the
                 Martial
                 Law
                 ;
                 and
                 the
                 Law
                 of
                 State
                 :
                 And
                 that
                 these
                 words
                 ,
                 
                   (
                   per
                   legam
                   terrae
                
                 )
                 do
                 extend
                 to
                 all
                 those
                 Laws
                 .
              
               
                 To
                 this
                 it
                 was
                 answered
                 ,
                 That
                 we
                 read
                 of
                 no
                 Law
                 of
                 State
                 ,
                 and
                 that
                 none
                 of
                 those
                 Laws
                 can
                 be
                 meant
                 there
                 ,
                 save
                 the
                 Common
                 ,
                 which
                 is
                 the
                 principal
                 and
                 general
                 Law
                 ,
                 and
                 is
                 always
                 understood
                 by
                 way
                 of
                 Excellency
                 ,
                 when
                 mention
                 is
                 made
                 of
                 the
                 Law
                 of
                 the
                 Land
                 generally
                 ;
                 and
                 that
                 though
                 each
                 of
                 the
                 other
                 Laws
                 which
                 are
                 admitted
                 into
                 this
                 Kingdom
                 by
                 Custome
                 or
                 Act
                 of
                 Parliament
                 ,
                 may
                 justly
                 be
                 called
                 a
                 Law
                 of
                 the
                 land
                 ;
                 yet
                 none
                 of
                 them
                 can
                 have
                 that
                 preheminency
                 to
                 be
                 stiled
                 the
                 Law
                 of
                 the
                 Land
                 ;
                 and
                 no
                 Stature
                 ,
                 Law-book
                 ,
                 or
                 other
                 Authority
                 ,
                 printed
                 or
                 unprinted
                 ,
                 could
                 be
                 shewed
                 to
                 prove
                 that
                 the
                 Law
                 of
                 the
                 Land
                 ,
                 being
                 generally
                 mentioned
                 ,
                 was
                 e●er
                 intended
                 of
                 any
                 other
                 Law
                 than
                 the
                 Common
                 Law
                 (
                 and
                 yet
                 ,
                 even
                 by
                 these
                 other
                 
                 Laws
                 a
                 man
                 may
                 not
                 be
                 committed
                 without
                 a
                 cause
                 expressed
                 )
                 but
                 it
                 standeth
                 with
                 the
                 Rule
                 of
                 other
                 legal
                 expositions
                 ,
                 that
                 
                   per
                   legem
                   terrae
                
                 ,
                 must
                 be
                 meant
                 the
                 Common
                 Law
                 ,
                 by
                 which
                 the
                 general
                 and
                 universal
                 Law
                 by
                 which
                 men
                 hold
                 their
                 Inheritances
                 ,
                 and
                 therfore
                 if
                 a
                 man
                 speak
                 of
                 Escuage
                 generally
                 ,
                 it
                 is
                 understood
                 (
                 as
                 Littleton
                 observeth
                 
                   plt
                   ,
                   99.
                
                 )
                 of
                 the
                 incertain
                 Escuage
                 ,
                 which
                 is
                 a
                 Knight●s
                 serviec
                 tenure
                 for
                 the
                 defence
                 of
                 the
                 Realm
                 by
                 the
                 body
                 of
                 the
                 Tenant
                 in
                 time
                 of
                 VVar
                 ;
                 and
                 not
                 of
                 the
                 certain
                 Escuage
                 which
                 giveth
                 only
                 a
                 contribution
                 in
                 money
                 ,
                 and
                 no
                 personal
                 service
                 .
                 And
                 if
                 a
                 Statute
                 speak
                 of
                 the
                 King's
                 Courts
                 of
                 Record
                 ,
                 it
                 is
                 meant
                 only
                 of
                 the
                 four
                 at
                 Westminster
                 by
                 way
                 of
                 Excellency
                 :
                 
                   Cook.
                   6.
                   20.
                   
                   Gregories
                   case
                   .
                
                 So
                 the
                 Canonists
                 ,
                 by
                 the
                 Excommunication
                 ,
                 if
                 simply
                 spoken
                 ,
                 do
                 intend
                 the
                 greater
                 Excommunication
                 ;
                 and
                 the
                 Emperor
                 in
                 his
                 Institutions
                 ,
                 saith
                 ,
                 that
                 the
                 Civil
                 Law
                 being
                 spoken
                 generally
                 ,
                 is
                 meant
                 of
                 the
                 Civil
                 Law
                 of
                 Rome
                 ,
                 though
                 the
                 Law
                 of
                 every
                 City
                 is
                 a
                 Civil
                 Law
                 ,
                 as
                 when
                 a
                 man
                 names
                 a
                 Poet
                 ,
                 the
                 Grecians
                 understand
                 Homer
                 ,
                 the
                 
                   Latinists
                   Virgil.
                
                 
              
               
                 Secondly
                 ,
                 admit
                 that
                 
                   per
                   legem
                   terrae
                
                 extend
                 to
                 all
                 the
                 Laws
                 of
                 the
                 Land
                 ;
                 yet
                 a
                 man
                 must
                 not
                 be
                 committed
                 by
                 any
                 of
                 them
                 ,
                 but
                 by
                 the
                 due
                 proceedings
                 that
                 are
                 exercised
                 by
                 those
                 Laws
                 ,
                 and
                 upon
                 cause
                 declared
                 .
              
               
                 Again
                 it
                 was
                 urged
                 ,
                 that
                 the
                 King
                 is
                 
                 not
                 bound
                 to
                 express
                 a
                 cause
                 of
                 imprisonment
                 ;
                 because
                 there
                 may
                 be
                 in
                 it
                 matter
                 of
                 State
                 not
                 fit
                 to
                 be
                 revealed
                 for
                 a
                 time
                 ,
                 least
                 the
                 Confederates
                 thereupon
                 make
                 means
                 to
                 escape
                 the
                 hands
                 of
                 Justice
                 :
                 and
                 therefore
                 the
                 Statutes
                 cannot
                 be
                 intended
                 to
                 restrain
                 all
                 Commitments
                 ,
                 unless
                 a
                 cause
                 be
                 expressed
                 ;
                 for
                 that
                 it
                 would
                 be
                 very
                 inconvenient
                 and
                 dangerous
                 to
                 the
                 State
                 to
                 publish
                 the
                 cause
                 at
                 the
                 very
                 first
                 .
              
               
                 Hereunto
                 it
                 was
                 replyed
                 by
                 the
                 Commons
                 ,
                 That
                 all
                 danger
                 and
                 inconvenience
                 may
                 be
                 avoided
                 by
                 declaring
                 a
                 general
                 Cause
                 ;
                 as
                 ,
                 for
                 Treason
                 ;
                 for
                 suspition
                 of
                 Treason
                 ,
                 Misprision
                 of
                 Treason
                 ,
                 or
                 Felony
                 ,
                 without
                 specifying
                 the
                 particular
                 ;
                 which
                 can
                 give
                 no
                 greater
                 light
                 to
                 a
                 confederate
                 then
                 will
                 be
                 conjectured
                 by
                 the
                 very
                 apprehension
                 or
                 upon
                 the
                 imprisonment
                 ,
                 if
                 nothing
                 at
                 all
                 were
                 expressed
                 .
              
               
                 It
                 was
                 further
                 alleadged
                 ,
                 that
                 there
                 was
                 a
                 kind
                 of
                 contradiction
                 in
                 the
                 Position
                 of
                 the
                 Commons
                 ,
                 when
                 they
                 say
                 ,
                 that
                 the
                 party
                 committed
                 without
                 a
                 cause
                 shewed
                 ,
                 ought
                 to
                 be
                 delivered
                 or
                 bailed
                 ;
                 bailing
                 being
                 a
                 kind
                 of
                 imprisonment
                 ,
                 delivery
                 a
                 total
                 freedome
                 .
              
               
                 To
                 this
                 it
                 was
                 answered
                 ,
                 that
                 it
                 hath
                 alwayes
                 been
                 the
                 discretion
                 of
                 the
                 Judges
                 to
                 give
                 so
                 much
                 respect
                 to
                 a
                 commitment
                 by
                 the
                 Command
                 of
                 the
                 King
                 or
                 the
                 privie
                 Councel
                 ,
                 (
                 which
                 are
                 ever
                 intended
                 to
                 
                 be
                 done
                 on
                 just
                 
                   and
                   weighty
                
                 causes
                 )
                 that
                 they
                 will
                 not
                 presently
                 set
                 him
                 free
                 ,
                 but
                 baile
                 him
                 to
                 answer
                 what
                 shall
                 be
                 objected
                 against
                 him
                 on
                 his
                 Majesties
                 behalf
                 :
                 But
                 if
                 any
                 other
                 inferiour
                 Officer
                 commit
                 a
                 man
                 without
                 cause
                 shewed
                 ,
                 they
                 do
                 instantly
                 deliver
                 him
                 as
                 having
                 no
                 cause
                 to
                 expect
                 their
                 pleasure
                 ;
                 so
                 the
                 delivery
                 is
                 applyed
                 to
                 an
                 imprisonment
                 by
                 the
                 command
                 of
                 some
                 mean
                 Minister
                 of
                 justice
                 ;
                 bailing
                 when
                 it
                 is
                 done
                 by
                 the
                 command
                 of
                 the
                 King
                 or
                 his
                 Councel
                 .
              
               
                 It
                 was
                 urged
                 by
                 Master
                 Attorney
                 ,
                 That
                 bailing
                 is
                 a
                 grace
                 and
                 favour
                 of
                 a
                 Court
                 of
                 Justice
                 ,
                 and
                 that
                 they
                 may
                 refuse
                 to
                 do
                 it
                 .
                 This
                 was
                 agreed
                 to
                 be
                 true
                 in
                 divers
                 cases
                 ,
                 as
                 where
                 the
                 cause
                 appeareth
                 to
                 be
                 for
                 felony
                 ,
                 or
                 other
                 crime
                 expressed
                 ;
                 for
                 that
                 there
                 is
                 another
                 way
                 to
                 discharge
                 them
                 in
                 convenient
                 time
                 ,
                 by
                 their
                 tryal
                 ;
                 (
                 And
                 yet
                 in
                 those
                 cases
                 the
                 constant
                 practise
                 hath
                 been
                 ,
                 antiently
                 and
                 modernly
                 to
                 bayle
                 men
                 )
                 but
                 where
                 no
                 cause
                 of
                 the
                 imprisonment
                 is
                 returned
                 ,
                 but
                 the
                 command
                 of
                 the
                 King
                 ,
                 there
                 is
                 no
                 way
                 to
                 deliver
                 such
                 persons
                 ,
                 by
                 tryal
                 or
                 otherwise
                 ,
                 but
                 that
                 of
                 
                   Habeas
                   Corpus
                
                 ,
                 and
                 if
                 they
                 should
                 be
                 then
                 remanded
                 ,
                 they
                 may
                 be
                 perpetually
                 imprisoned
                 ,
                 without
                 any
                 remedy
                 at
                 all
                 ,
                 and
                 consequently
                 ,
                 a
                 man
                 that
                 had
                 committed
                 no
                 Offence
                 might
                 be
                 in
                 worse
                 case
                 then
                 a
                 great
                 Offendor
                 ;
                 for
                 ,
                 the
                 latter
                 should
                 have
                 an
                 ordinary
                 tryal
                 to
                 discharge
                 him
                 ,
                 the
                 other
                 should
                 never
                 be
                 delivered
                 .
              
               
               
                 It
                 was
                 further
                 said
                 ,
                 that
                 though
                 the
                 Statute
                 of
                 West
                 .
                 I.
                 cap
                 ,
                 15.
                 as
                 a
                 Statute
                 ,
                 by
                 way
                 of
                 provision
                 did
                 extend
                 only
                 to
                 the
                 Sheriff
                 ;
                 yet
                 the
                 Recital
                 in
                 that
                 Statute
                 ,
                 touching
                 the
                 4.
                 
                 Causes
                 wherein
                 a
                 man
                 was
                 not
                 replevisable
                 at
                 Common
                 Law
                 (
                 namely
                 those
                 that
                 were
                 committed
                 for
                 the
                 death
                 of
                 a
                 man
                 ;
                 by
                 the
                 command
                 of
                 the
                 King
                 ,
                 or
                 the
                 Justices
                 ,
                 or
                 for
                 the
                 Forrest
                 )
                 did
                 declare
                 that
                 the
                 Justices
                 could
                 not
                 baile
                 such
                 an
                 one
                 ,
                 and
                 that
                 Replevisable
                 and
                 baileable
                 were
                 Synonyma
                 ,
                 and
                 all
                 one
                 .
                 And
                 that
                 Stanford
                 (
                 a
                 Judge
                 of
                 great
                 authority
                 )
                 doth
                 expound
                 it
                 acordingly
                 ;
                 and
                 that
                 neither
                 the
                 Statute
                 not
                 He
                 say
                 replevisable
                 by
                 the
                 Sheriff
                 ,
                 but
                 generally
                 without
                 restraint
                 ;
                 and
                 that
                 if
                 the
                 Chief
                 Justiee
                 committed
                 a
                 man
                 ,
                 he
                 is
                 not
                 to
                 be
                 enlarged
                 by
                 another
                 Court
                 ,
                 as
                 appeareth
                 in
                 the
                 Register
                 .
              
               
                 1.
                 
                 To
                 this
                 it
                 was
                 answered
                 ;
                 First
                 ,
                 that
                 the
                 Recital
                 and
                 Body
                 of
                 the
                 Statute
                 relate
                 only
                 to
                 the
                 Sheriff
                 ,
                 as
                 appeareth
                 by
                 the
                 very
                 words
                 .
              
               
                 2.
                 
                 That
                 Replevisable
                 is
                 not
                 restrained
                 to
                 the
                 Sheriff
                 ;
                 for
                 that
                 the
                 word
                 imports
                 no
                 more
                 ,
                 that
                 a
                 man
                 committed
                 by
                 the
                 Juftice
                 is
                 baileable
                 by
                 the
                 Court
                 of
                 the
                 King●s
                 Bench.
                 
              
               
                 3.
                 
                 That
                 Stamford
                 meaneth
                 all
                 of
                 the
                 Sheriff
                 ,
                 or
                 at
                 the
                 least
                 he
                 hath
                 not
                 sufficiently
                 expressed
                 that
                 he
                 intended
                 the
                 Justices
                 .
              
               
                 4.
                 
                 It
                 was
                 denyed
                 that
                 Replevisable
                 and
                 
                 Baileable
                 are
                 the
                 same
                 :
                 For
                 ,
                 they
                 differ
                 in
                 respect
                 of
                 the
                 place
                 where
                 they
                 are
                 used
                 ,
                 Bail
                 being
                 in
                 the
                 King's
                 Courts
                 of
                 Record
                 ,
                 Replevisable
                 before
                 the
                 Sheriff
                 .
                 And
                 they
                 are
                 of
                 several
                 Natures
                 ,
                 Replevisable
                 being
                 a
                 letting
                 at
                 large
                 upon
                 Sureties
                 ;
                 Bailing
                 ,
                 when
                 one
                 Traditur
                 in
                 ballium
                 ,
                 and
                 the
                 baile
                 are
                 his
                 Jaylors
                 ,
                 and
                 may
                 imprison
                 him
                 ,
                 and
                 shall
                 suffer
                 body
                 for
                 body
                 ;
                 which
                 is
                 not
                 true
                 of
                 replevying
                 by
                 Sureties
                 .
                 And
                 Bail
                 differeth
                 from
                 Mainprize
                 in
                 this
                 ,
                 that
                 Mainprize
                 is
                 an
                 undertaking
                 in
                 a
                 sum
                 certain
                 ,
                 Bailing
                 to
                 answer
                 the
                 condemnation
                 in
                 civil
                 Causes
                 ,
                 and
                 in
                 criminal
                 body
                 for
                 body
                 .
              
               
                 And
                 the
                 Reasons
                 and
                 Authorities
                 used
                 in
                 the
                 first
                 conference
                 were
                 then
                 renewed
                 ,
                 and
                 no
                 exception
                 taken
                 to
                 any
                 ,
                 save
                 that
                 in
                 22.
                 
                 
                   Henry
                   6.
                
                 it
                 doth
                 not
                 appear
                 that
                 the
                 Command
                 of
                 the
                 King
                 was
                 by
                 his
                 mouth
                 (
                 which
                 must
                 be
                 intended
                 )
                 or
                 by
                 his
                 Councel
                 (
                 which
                 is
                 all
                 one
                 ,
                 as
                 is
                 observed
                 by
                 Stamford
                 )
                 for
                 the
                 words
                 are
                 ,
                 that
                 a
                 man
                 is
                 not
                 replevisable
                 by
                 the
                 Sheriff
                 ,
                 who
                 is
                 committed
                 by
                 the
                 Writ
                 or
                 Commandment
                 of
                 the
                 King.
                 
              
               
                 21.
                 
                 
                   Edward
                   1.
                   
                   Rot.
                   2.
                   dorso
                
                 was
                 cited
                 by
                 the
                 Kings
                 Counsel
                 ,
                 But
                 it
                 was
                 answered
                 ,
                 that
                 it
                 concerned
                 the
                 Sheriff
                 of
                 Leicestershire
                 only
                 ;
                 and
                 not
                 the
                 power
                 of
                 the
                 Judges
                 .
              
               
                 33.
                 
                 
                   Henry
                   6.
                
                 the
                 King's
                 Attorney
                 confessed
                 was
                 nothing
                 to
                 the
                 purpose
                 ;
                 and
                 yet
                 that
                 Book
                 had
                 been
                 usually
                 cited
                 by
                 
                 those
                 that
                 maintain
                 the
                 contrary
                 to
                 the
                 declaration
                 of
                 the
                 Commons
                 ;
                 
                 and
                 therefore
                 such
                 sudden
                 opinion
                 as
                 hath
                 been
                 given
                 thereupon
                 is
                 not
                 to
                 be
                 regarded
                 ,
                 the
                 Foundation
                 failing
                 .
              
               
                 And
                 where
                 it
                 was
                 said
                 ,
                 that
                 the
                 French
                 of
                 36.
                 
                 
                   Edward
                   Rot.
                   Parl.
                   n.
                
                 9.
                 (
                 which
                 canreceive
                 no
                 answer
                 )
                 did
                 not
                 warrant
                 but
                 what
                 was
                 enforced
                 thence
                 ;
                 but
                 that
                 these
                 words
                 ,
                 
                   (
                   Sans
                   disturbance
                   metter
                   ,
                   ou
                   arrese
                   faire
                   ,
                   &
                   l'encontre
                   per
                   special
                   mandement
                   on
                   en
                   autre
                   manere
                   )
                
                 must
                 be
                 understood
                 ,
                 that
                 the
                 Statutes
                 should
                 be
                 put
                 in
                 execution
                 without
                 disturbance
                 or
                 stay
                 ;
                 and
                 not
                 that
                 they
                 should
                 be
                 put
                 in
                 execution
                 without
                 putting
                 disturbance
                 or
                 making
                 arrest
                 to
                 the
                 contrary
                 by
                 special
                 command
                 ,
                 or
                 in
                 other
                 manner
                 .
                 The
                 Commons
                 did
                 utterly
                 deny
                 the
                 interpretation
                 given
                 by
                 the
                 Kings
                 Councel
                 ;
                 and
                 to
                 justifie
                 their
                 own
                 ,
                 did
                 appeal
                 to
                 all
                 men
                 that
                 understood
                 French
                 ,
                 and
                 upon
                 the
                 seven
                 Statutes
                 did
                 conclude
                 ,
                 that
                 their
                 Declaration
                 remained
                 an
                 undoubted
                 truth
                 ,
                 not
                 controuled
                 by
                 any
                 thing
                 said
                 to
                 the
                 contrary
                 .
              
            
             
               
               
                 The
                 true
                 Copies
                 of
                 the
                 Records
                 not
                 printed
                 which
                 were
                 used
                 on
                 either
                 side
                 in
                 that
                 part
                 of
                 the
                 deba
                 e.
                 
              
               
                 Inter.
                 Record
                 .
                 Domini
                 Regis
                 Caroli
                 in
                 Thesaurar
                 .
                 recep
                 .
                 〈◊〉
                 .
                 sui
                 sub
                 Custodia
                 Domini
                 Thesaurar
                 .
                 &
                 Camer
                 .
                 ibidem
                 remanen
                 .
                 videlicet
                 Plac.
                 coram
                 ipso
                 Domino
                 Rege
                 &
                 Concilio
                 suo
                 ad
                 Parliamentum
                 su●m
                 post
                 Pasc
                 .
                 apud
                 London
                 in
                 Ma●erio
                 Arch●●piscopi
                 Ebor.
                 Anno
                 Regni
                 Domini
                 Regis
                 Edwardi
                 21.
                 in
                 t
                 .
                 al.
                 sic
                 .
                 continetur
                 ut
                 sequitur
                 .
              
               
                 
                   Rot.
                   Secundo
                   in
                   Dorso
                   .
                
                 
                   STephanus
                   Rabar
                   .
                   
                   Vic.
                   Leic.
                   &
                   Warr.
                   coram
                   ipso
                   Domino
                   Rege
                   &
                   ejus
                   Concilio
                   arrenatus
                   &
                   ad
                   rationem
                   positus
                   de
                   hoc
                   quod
                   cum
                   
                     Johan
                     .
                     Boutet●urte
                     ,
                     Edw.
                     Del
                     Hache
                     ,
                  
                   &
                   
                     W.
                     Havelin
                  
                   nuper
                   in
                   bal.
                   ipsus
                   Vic.
                   per
                   Dominum
                   Regem
                   fuissent
                   assignat
                   .
                   ad
                   Goales
                   Domini
                   Regis
                   deliberand
                   .
                   idem
                   Vic.
                   quendam
                   Wi●hel
                   .
                   de
                   Petling
                   per
                   quendam
                   Appellatorem
                   ante
                   adventum
                   eorum
                   justic
                   .
                   ibidem
                   appellatorem
                   &
                   Captum
                   vivente
                   ipso
                   Appellatore
                   usque
                   diem
                   de
                   liberationis
                   coram
                   eis
                   sact
                   .
                   dimisit
                   per
                   plevinam
                   contra
                   formam
                   Statuti
                   &c.
                   
                   Et
                   etiam
                   quendam
                   
                   Radum
                   de
                   Cokehal
                   ,
                   qui
                   de
                   morte
                   horninis
                   judicatus
                   fuit
                   ,
                   &
                   per
                   eundem
                   Vic.
                   Captus
                   ,
                   idem
                   Vic.
                   per
                   plevinam
                   dimisit
                   contra
                   formam
                   Statuti
                   ,
                   &
                   etiam
                   eundem
                   Radum
                   fine
                   ferris
                   coram
                   eisdem
                   Justic
                   .
                   ad
                   deliberationem
                   praed
                   .
                   produxit
                   contra
                   consuetudinem
                   Regni
                   .
                   Et
                   sci
                   .
                   quendam
                   Wilh
                   .
                   fllium
                   Walteri
                   la
                   persone
                   ,
                   qui
                   per
                   praeceptum
                   Com.
                   War.
                   Captus
                   fuit
                   ,
                   per
                   plevinam
                   contra
                   praeceptum
                   Domini
                   Regis
                   ,
                   cum
                   idem
                   Dominus
                   Rex
                   per
                   literas
                   suas
                   sub
                   privat
                   .
                   sigillo
                   suo
                   eidem
                   Vic.
                   praecepit
                   quod
                   nulli
                   per
                   praecept
                   .
                   praed
                   .
                   Com.
                   War.
                   capt
                   .
                   aliquam
                   gratiam
                   faceret
                   &c.
                   
                   Et
                   super
                   hoc
                   praefat
                   .
                   
                     Johannes
                     Botetourte
                  
                   ,
                   qui
                   praesens
                   est
                   ,
                   &
                   qui
                   fuit
                   primus
                   Justic
                   .
                   praedictorum
                   praemissa
                   recordatur
                   .
                   Et
                   praedicuts
                   Vic.
                   dicit
                   quoad
                   praedictum
                   Wilh
                   .
                   de
                   Petling
                   ,
                   quod
                   ipse
                   nunquam
                   a
                   tempore
                   Captionis
                   ipsius
                   Wilh
                   per
                   praed
                   .
                   Appellat
                   .
                   dimissus
                   fuit
                   per
                   plevinam
                   aliquam
                   ante
                   adventum
                   praedictorum
                   Justic
                   .
                   Imo
                   dicit
                   quod
                   per
                   dimidium
                   Annum
                   ante
                   adventum
                   eorundem
                   Justic
                   .
                   captus
                   fuit
                   &
                   semper
                   detent
                   .
                   in
                   prisona
                   absque
                   plevina
                   aliqua
                   quousque
                   coram
                   eis
                   damnat
                   .
                   fuit
                   .
                   Et
                   quoad
                   praedictum
                   Radum
                   bene
                   cognoscit
                   quod
                   ipse
                   dimisit
                   eum
                   per
                   plevinam
                   ,
                   &
                   hoc
                   bene
                   facere
                   potuit
                   ratione
                   &
                   authoritat
                   .
                   Officii
                   sui
                   ,
                   eo
                   quod
                   capt
                   .
                   fuit
                   pro
                   quadam
                   simplic
                   .
                   transgr
                   .
                   &
                   non
                   pro
                   aliqua
                   felon
                   .
                   pro
                   qua
                   replegiari
                   non
                   potuir
                   .
                   Et
                   quoad
                   tertium
                   ,
                   videlicet
                   Wilh
                   .
                   silium
                   persone
                   ,
                   bene
                   cognoscit
                   quod
                   ipse
                   Captus
                   
                   fuit
                   per
                   praecept
                   .
                   praed
                   .
                   Com.
                   War.
                   &
                   quod
                   dimisit
                   eum
                   per
                   plevinam
                   ;
                   Sed
                   dicit
                   quod
                   hoc
                   fecit
                   ad
                   rogatum
                   quorundam
                   de
                   hospitia
                   &
                   cur
                   .
                   Domini
                   Regis
                   &c.
                   qui
                   eum
                   inde
                   specialiter
                   rogaverunt
                   per
                   literas
                   suas
                   .
                   Et
                   super
                   hoc
                   idem
                   Vic.
                   quaesit
                   .
                   per
                   Dominum
                   Regem
                   quis
                   eum
                   rogavit
                   &
                   literas
                   suas
                   ei
                   direxit
                   ,
                   &
                   ubi
                   literae
                   illae
                   sunt
                   ,
                   dicit
                   quod
                   Walt.
                   de
                   Langton
                   eum
                   per
                   literas
                   suas
                   inde
                   rogavit
                   ;
                   Sed
                   dicit
                   quod
                   literae
                   illae
                   sunt
                   in
                   partibus
                   suis
                   Leic.
                   Et
                   super
                   hoc
                   idem
                   Vic.
                   profert
                   quoddam
                   brev
                   .
                   Domini
                   Regis
                   de
                   privat
                   .
                   Sigillo
                   eidem
                   Vic.
                   direct
                   .
                   quod
                   testatur
                   quod
                   Dominus
                   Rex
                   ipsi
                   Vic.
                   praecepit
                   quod
                   omnes
                   illos
                   trangressores
                   contra
                   pacem
                   &
                   de
                   quibus
                   .
                   Com.
                   War.
                   ei
                   scire
                   faceret
                   ,
                   caperet
                   .
                   &
                   salvo
                   custodiret
                   absque
                   aliqua
                   gratia
                   ei
                   faciend
                   .
                   Et
                   quia
                   praed
                   .
                   Iustic
                   .
                   expresse
                   recordatur
                   quod
                   ipse
                   &
                   socii
                   sui
                   per
                   bonum
                   &
                   legalem
                   inquis
                   .
                   de
                   Militibus
                   .
                   &
                   al.
                   liberis
                   .
                   hominib
                   .
                   eis
                   fact
                   .
                   invenerunt
                   quod
                   praedictus
                   Gulielmus
                   de
                   Petlenge
                   dimissus
                   fuit
                   per
                   plevinam
                   per
                   mag-num
                   tempus
                   ante
                   adventum
                   eorund
                   .
                   Justic
                   .
                   usque
                   adventum
                   eorund
                   .
                   &
                   per
                   Vic.
                   praed
                   .
                   &
                   etiam
                   quia
                   praed
                   .
                   Vic.
                   cognoscit
                   quod
                   praedictus
                   Rad.
                   dimissus
                   fuit
                   per
                   plevinam
                   per
                   ipsum
                   ,
                   un
                   .
                   &
                   hoc
                   dicit
                   quod
                   bene
                   facere
                   potuit
                   eo
                   quod
                   captus
                   fuit
                   pro
                   levi
                   transgr
                   .
                   Et
                   per
                   Record
                   .
                   ejusdem
                   Justic
                   .
                   comp
                   .
                   est
                   quod
                   captus
                   fuit
                   pro
                   morte
                   hominis
                   ,
                   quod
                   est
                   contrarium
                   dec
                   .
                   praedicti
                   vic
                   .
                   &
                   scil
                   .
                   quia
                   idem
                   vic
                   .
                   cognovit
                   quod
                   recepit
                   literam
                   Domini
                   Regis
                   per
                   quam
                   Rex
                   
                   ei
                   praecepit
                   quod
                   nullam
                   gratiam
                   faceret
                   illis
                   qui
                   capti
                   fuerunt
                   per
                   praeceptum
                   praedicti
                   Com.
                   Et
                   idem
                   Vic.
                   contra
                   praeceptum
                   illud
                   dimisit
                   praedictum
                   Wilh
                   .
                   filium
                   Walteri
                   per
                   plevinam
                   ,
                   qui
                   captus
                   fuit
                   per
                   praeceptum
                   praedicti
                   Com.
                   prout
                   idem
                   Vic.
                   fatetur
                   .
                   Et
                   sic
                   tam
                   ratione
                   istius
                   transg
                   .
                   quam
                   aliarium
                   praedictarum
                   incurrit
                   in
                   poenam
                   Statuti
                   ,
                   cons
                   .
                   est
                   quod
                   praedictus
                   Vic.
                   Committatur
                   prisonae
                   juxta
                   formam
                   Statuti
                   &c.
                   
                
              
               
                 
                   Ex
                   Rot.
                   Paliamenti
                   de
                   Anno
                   Regni
                   Regis
                   Edwardi
                   tertii
                   Tricesimo
                   quinto
                   n.
                   9.
                   
                
                 
                   PRimerement
                   que
                   le
                   grande
                   Charter
                   ,
                   &
                   la
                   Charter
                   de
                   la
                   Forreste
                   ,
                   &
                   les
                   autre
                   Estatutes
                   faits
                   en
                   son
                   temps
                   ,
                   &
                   de
                   ses
                   progenitors
                   pur
                   profit
                   de
                   luy
                   &
                   de
                   la
                   come
                   ,
                   soient
                   bien
                   &
                   ferment
                   gardes
                   ,
                   &
                   mis
                   en
                   due
                   execution
                   sans
                   disturbance
                   mettre
                   ou
                   arrest
                   faire
                   ,
                   &
                   l'ccontre
                   per
                   special
                   mandement
                   ou
                   en
                   autre
                   manere
                   .
                
              
               
                 
                   Respons
                   .
                
                 
                   Nostre
                   Sr.
                   le
                   Roy
                   per
                   assent
                   de
                   Prelates
                   ,
                   Domines
                   ,
                   Comites
                   ,
                   Barones
                   &
                   la
                   Come
                   ad
                   ordeine
                   &
                   estabili
                   que
                   les
                   dits
                   Charters
                   &
                   Estatutes
                   soient
                   tenus
                   &
                   mis
                   en
                   execution
                   selon
                   la
                   dit
                   Petition
                   .
                
              
               
                 
                   Nu.
                   2.
                   
                
                 
                   Item
                   come
                   ilsolt
                   contenus
                   en
                   lagrand
                   Charter
                   et
                   autres
                   Estatutes
                   que
                   nul
                   homme
                   soit
                   pris
                   nemy
                   prisoner
                   per
                   especial
                   mandement
                   sans
                   Enditement
                   
                   aut
                   autre
                   due
                   proces
                   affaire
                   per
                   la
                   ley
                   ,
                   et
                   sonent
                   foitz
                   ad
                   estre
                   et
                   uncore
                   est
                   ,
                   que
                   plusurs
                   gentz
                   sont
                   empeschez
                   ,
                   pris
                   et
                   imprisone
                   sans
                   Enditement
                   ou
                   autre
                   proces
                   fait
                   per
                   la
                   ley
                   sur
                   eux
                   ,
                   sibien
                   de
                   chose
                   fait
                   hors
                   de
                   la
                   Forrest
                   le
                   Roy
                   come
                   per
                   autre
                   cause
                   que
                   plese
                   a
                   nostre
                   dit
                   Sr.
                   comander
                   et
                   deliver
                   ceux
                   que
                   sont
                   issint
                   pris
                   per
                   tiel
                   especial
                   mandement
                   contre
                   la
                   forme
                   des
                   Charters
                   et
                   Estatutes
                   avanditz
                   .
                   Respons
                   .
                
                 
                   Il
                   plest
                   au
                   Roy
                   ,
                   &
                   sinulse
                   sente
                   greve
                   vingne
                   &
                   face
                   la
                   pleinte
                   ,
                   &
                   droit
                   luy
                   sera
                   fait
                   .
                
              
               
                 
                   33.
                   
                   Parl.
                   Anno
                   42.
                   
                   Edward
                   3.
                   n.
                   12.
                   
                
                 
                   Item
                   pur
                   ceo
                   que
                   plusours
                   de
                   vostre
                   Come
                   son
                   tamerce
                   &
                   disturbes
                   per
                   faulx
                   accusors
                   quenx
                   font
                   lour
                   accusements
                   plus
                   pur
                   lour
                   vengeances
                   &
                   singulers
                   profits
                   que
                   pur
                   le
                   profit
                   de
                   Roy
                   ou
                   de
                   son
                   peuple
                   ,
                   et
                   les
                   accuses
                   per
                   cux
                   ascuns
                   ont
                   est
                   pris
                   &
                   ascuns
                   sont
                   faire
                   ven
                   .
                   deut
                   le
                   Conceil
                   l●
                   Roy
                   per
                   brief
                   on
                   autre
                   mandement
                   de
                   Roy
                   sub
                   gra●de
                   pain
                   encountre
                   laley
                   ,
                   Plese
                   a
                   nostre
                   Sr.
                   le
                   Roy
                   &
                   son
                   Counceil
                   pur
                   droit
                   gouvernment
                   de
                   son
                   peuple
                   ordeign
                   que
                   si
                   desire
                   ascun
                   accusors
                   purpose
                   ascun
                   matire
                   pur
                   prosit
                   du
                   Roy
                   que
                   cele
                   matire
                   soit
                   mander
                   a
                   ses
                   Justices
                   del'un
                   Banke
                   ou
                   del'autre
                   ,
                   ou
                   d'
                   Assises
                   dent
                   enquere
                   &
                   terminere
                   selonque
                   laley
                   ,
                   &
                   si
                   le
                   touche
                   lai
                   onsour
                   ou
                   partie
                   eit
                   sa
                   so●t
                   a
                   la
                   come
                   ley
                   ,
                   &
                   que
                   null
                   home
                   soit
                   mis
                   a
                   respondre
                   sans
                   presentment
                   deut
                   Justices
                   ,
                   ou
                   chose
                   de
                   Record
                   ,
                   ou
                   per
                   due
                   process
                   et
                   briefe
                   original
                   ,
                   s●lon
                   l'ancient
                   ley
                   de
                   la
                   terre
                   ,
                   &
                   si
                   rien
                   desire
                   enovant
                   soit
                   fait
                   a
                   l'enco●tre
                   ,
                   soit
                   voide
                   en
                   ley
                   ,
                   &
                   tenu
                   pur
                   Errour
                   .
                   Respons
                   .
                
                 
                 
                   Pur
                   ceo
                   que
                   ceste
                   Article
                   est
                   Article
                   de
                   la
                   grande
                   Charter
                   le
                   Roy
                   voet
                   qne
                   ceo
                   soit
                   fait
                   come
                   la
                   Petition
                   demande
                   .
                
              
               
                 
                   Ex
                   Rot.
                   Claus
                   .
                   Anno
                   Regis
                   Edwardi
                   primi
                   primom
                   .
                   1.
                   
                
                 
                   Thomas
                   de
                   Clirowe
                   de
                   Blechweth
                   captus
                   &
                   detentus
                   in
                   prisona
                   North.
                   
                   pro
                   transgr
                   .
                   Forrest
                   .
                   habet
                   literas
                   Rogero
                   de
                   Clifford
                   Justic
                   .
                   Forrest
                   .
                   citra
                   Trentam
                   quod
                   ponatur
                   per
                   ballium
                   ,
                   dat
                   .
                   apud
                   S.
                   Martium
                   Magnum
                   London
                   20.
                   die
                   Octobris
                   .
                
              
               
                 
                   M.
                   7
                   .
                
                 
                   Stephanus
                   de
                   Li
                   dely
                   captus
                   &
                   detent
                   .
                   in
                   prisona
                   Regis
                   pro
                   trans
                   .
                   per
                   ipsum
                   fact
                   .
                   in
                   ha
                   .
                   Regis
                   de
                   Lyndeby
                   habet
                   literas
                   .
                   Regis
                   Galfrido
                   de
                   Nevil
                   Justic
                   .
                   ultra
                   Trent
                   .
                   quod
                   ponatur
                   per
                   Ballium
                   .
                
              
               
                 
                   M.
                   9
                   .
                
                 
                   Thomas
                   Spademan
                   captus
                   &
                   detent
                   .
                   in
                   prisona
                   Oxon.
                   pro
                   morte
                   Wilh
                   .
                   Win.
                   unde
                   rectat
                   .
                   est
                   &
                   habet
                   literas
                   Regis
                   Vic.
                   Oxon.
                   quod
                   ponatur
                   per
                   ballium
                   .
                   ibidem
                   .
                
                 
                   Gulielmus
                   de
                   Dene
                   ,
                   Mathaeus
                   Crust
                   ,
                   Roger
                   de
                   Bedell
                   ,
                   Gulielmus
                   Halfrench
                   ,
                   Robertus
                   Wyant
                   ,
                   Alex.
                   Horeux
                   ,
                   Henric.
                   de
                   Shorne
                   ,
                   Nicholaus
                   de
                   Snodilond
                   ,
                   Turgisius
                   de
                   Hertfield
                   ,
                   Robertus
                   de
                   Pole
                   ,
                   &
                   Richardus
                   Galiot
                   capti
                   &
                   detent
                   .
                   in
                   prisona
                   
                   de
                   Cantuar.
                   pro
                   morte
                   Galfridi
                   de
                   Catiller
                   unde
                   appellat
                   .
                   sunt
                   ,
                   habent
                   literas
                   Regis
                   Vic.
                   Canc.
                   quod
                   ponantur
                   per
                   ballium
                   Dat.
                   &c
                   ,
                   23.
                   die
                   Martii
                   .
                
              
               
                 
                   Claus
                   .
                   Anno
                   secundo
                   Edwardi
                   primi
                   M.
                   12.
                   
                
                 
                   Rex
                   Rogero
                   de
                   Cliffi
                   Justic
                   .
                   Forrest
                   citra
                   Trent
                   .
                   Mandamus
                   yobis
                   quod
                   si
                   Robertus
                   Unwyne
                   captus
                   &
                   detent
                   .
                   in
                   prisona
                   nostra
                   de
                   Aylesburie
                   pro
                   transgr
                   .
                   Forrestae
                   nostrae
                   ,
                   invenerit
                   vobis
                   duodecim
                   probos
                   &
                   legales
                   homines
                   
                     de
                     balliva
                  
                   vestra
                   qui
                   manucapiant
                   eum
                   habere
                   coram
                   Justic
                   .
                   rostris
                   ad
                   plac
                   .
                   Forrest
                   .
                   cum
                   in
                   parte
                   &c.
                   ad
                   stand
                   .
                   inde
                   rect
                   .
                   tunc
                   apud
                   Robertum
                   si
                   secund
                   .
                   assiam
                   .
                   Forreste
                   fuerit
                   repleg
                   .
                   praedictis
                   12.
                   interim
                   tradit
                   .
                   in
                   ballium
                   sicut
                   praedictum
                   est
                   .
                   Et
                   habeatis
                   nomina
                   illorum
                   12.
                   hominum
                   &
                   ho.
                   bre
                   .
                   Dat.
                   27.
                   die
                   Februarii
                   .
                
              
               
                 
                   Clauso
                   Anno
                   secundo
                   Edwardi
                   primi
                   .
                   M.
                   14.
                   
                
                 
                   
                     Vnwynus
                     de
                     Boycot
                  
                   ,
                   
                   
                     Gaf
                     .
                     de
                     Wykenn
                  
                   &
                   
                     Hugh
                     de
                     Stowe
                  
                   detent
                   .
                   in
                   prisona
                   Regis
                   de
                   Aylesburie
                   pro
                   trangressione
                   Venationis
                   habuer
                   .
                   bre
                   .
                   direct
                   .
                   Regis
                   de
                   Clifford
                   Justic
                   .
                   Forrest
                   quod
                   secundum
                   assiam
                   Forrest
                   fuerint
                   repleg
                   .
                   ponantur
                   per
                   ballium
                   usque
                   adventum
                   Justic
                   .
                   Regis
                   ad
                   plac
                   .
                   Forreste
                   cum
                   in
                   partes
                   illas
                   venerit
                   .
                   Dat.
                   apud
                   Codington
                   28.
                   die
                   Decembris
                   .
                
              
               
                 
                 
                   M.
                   15.
                   
                
                 
                   
                     Gilbertus
                     Conray
                  
                   de
                   Kedington
                   ,
                   &
                   
                     Hugh
                     le
                     Tailour
                  
                   de
                   Kedington
                   capti
                   &
                   detent
                   .
                   in
                   prisona
                   de
                   secundo
                   Edwardo
                   pro
                   morte
                   Edwardi
                   Butting
                   ,
                   unde
                   rectati
                   sunt
                   ,
                   habuerunt
                   literas
                   Regis
                   Vic.
                   Suff.
                   quod
                   ponantur
                   per
                   ballium
                   .
                
              
               
                 
                   Clauso
                   Anno
                   3.
                   
                   Edwardi
                   primi
                   .
                   M.
                   11.
                   
                
                 
                   
                     Galfr.
                     de
                     Hayerton
                  
                   captus
                   &
                   detent
                   .
                   in
                   prisona
                   Regis
                   Ebor.
                   pro
                   
                     morte
                     Ade
                     le
                     Clerc
                     .
                     unde
                     rectatus
                     est
                     ,
                  
                   habet
                   literas
                   
                     Regis
                     Vic.
                     Ebor.
                     quod
                     ponatur
                     per
                     ballium
                     .
                     Dat.
                     apud
                     W.
                  
                   15.
                   
                     die
                     Junii
                  
                   .
                
              
               
                 
                   M.
                   20.
                   
                
                 
                   Robertus
                   Belharbe
                   capt
                   .
                   &
                   detent
                   .
                   in
                   prisona
                   Regis
                   de
                   Newgate
                   pro
                   morte
                   Thomae
                   Pollard
                   .
                   unde
                   rectat
                   ,
                   est
                   ,
                   habet
                   literas
                   Regis
                   Vic.
                   Midd.
                   quod
                   ponatur
                   per
                   ballium
                   .
                   Dat.
                   28.
                   die
                   Februarii
                   .
                
              
               
                 
                   Clauso
                   Anno
                   quarto
                   Edwardi
                   primi
                   .
                   M.
                   5.
                   
                
                 
                   Mand.
                   est
                   Rad.
                   de
                   Sanadwico
                   quod
                   si
                   Gulielmus
                   de
                   Pattare
                   &
                   Johannes
                   filius
                   ejus
                   ,
                   
                     Walterus
                     Home
                  
                   ,
                   Walt.
                   
                     Jorven
                     ,
                     Henricus
                     Pothe
                  
                   &
                   
                     Gulielmus
                     Cadegan
                  
                   capti
                   &
                   detent
                   .
                   in
                   prisona
                   Regis
                   de
                   secundo
                   Brianello
                   pro
                   trans
                   .
                   Forrest
                   unde
                   rectati
                   sunt
                   ,
                   invenerunt
                   sibi
                   duodecim
                   probos
                   &
                   legales
                   homines
                   de
                   balliva
                   sua
                   ,
                   viz.
                   quilibet
                   eorum
                   duodecim
                   qui
                   eos
                   manucap
                   .
                   habere
                   coram
                   Justic
                   .
                   Regis
                   ad
                   plac
                   .
                   Forrest
                   .
                   cum
                   
                   in
                   partes
                   ill
                   .
                   venerent
                   ,
                   ad
                   stand
                   .
                   inde
                   recto
                   ,
                   tunc
                   ipsos
                   Willhelmum
                   ,
                   Johannem
                   ,
                   Walterum
                   ,
                   Walterum
                   ,
                   Henricum
                   &
                   Willh
                   .
                   praed
                   .
                   duodecim
                   .
                   scil
                   .
                   secundum
                   assiam
                   Forreste
                   fuerint
                   repleg
                   .
                   tradat
                   in
                   ballium
                   ut
                   praedictum
                   est
                   ,
                   Et
                   habeat
                   ibi
                   nomina
                   illorum
                   duodecim
                   hominum
                   ,
                   &
                   hoc
                   .
                   bre
                   .
                   T.
                   Rege
                   apud
                   Bellum
                   locum
                   Regis
                   29.
                   die
                   Augusti
                   .
                
              
               
                 
                   Clauso
                   Anno
                   quarto
                   Edwardi
                   primi
                   .
                   M.
                   16.
                   
                
                 
                   Henricus
                   filius
                   
                     Rogeri
                     de
                     Ken
                  
                   de
                   Cottesbrook
                   ,
                   
                   captus
                   &
                   detent
                   .
                   in
                   prisona
                   nostra
                   North.
                   pro
                   morte
                   Simonis
                   le
                   Charetter
                   unde
                   appellatus
                   est
                   ,
                   habet
                   literas
                   Regis
                   Vic.
                   North.
                   quod
                   ponit
                   .
                   per
                   ballium
                   .
                
              
               
                 
                   Clauso
                   Anno
                   quinto
                   Edwardi
                   primi
                   .
                   M.
                   1.
                   
                
                 
                   Mand.
                   est
                   Galfrido
                   de
                   Nevil
                   Justic
                   .
                   Forreste
                   ultra
                   Trent
                   .
                   quod
                   si
                   Walter
                   de
                   la
                   Grene
                   captus
                   &
                   detent
                   .
                   in
                   prisona
                   de
                   Nott.
                   pro
                   trans
                   .
                   Forreste
                   invenerit
                   sibi
                   duodecim
                   probos
                   &
                   legales
                   homines
                   qui
                   eum
                   manucapiant
                   &c.
                   ad
                   stand
                   .
                   inde
                   rect
                   .
                   secundum
                   assiam
                   Forreste
                   Regis
                   ,
                   tunc
                   ipsum
                   Walterum
                   praedictis
                   duodecim
                   tradat
                   in
                   ballium
                   sicut
                   praedictum
                   est
                   .
                   Dat.
                   decimo
                   sexto
                   die
                   Novembris
                   .
                
              
               
                 
                   M.
                   2.
                   
                
                 
                   Thomas
                   de
                   Upwel
                   &
                   Jul.
                   uxor
                   ejus
                   capt
                   .
                   &
                   detent
                   .
                   in
                   prisona
                   de
                   VVynbole
                   
                   pro
                   morte
                   Stephani
                   Southell
                   unde
                   rectati
                   sunt
                   habuer
                   .
                   liter
                   .
                   Vic.
                   Norff.
                   quod
                   ponantur
                   per
                   ballium
                   .
                   Dat
                   apud
                   Rocheland
                   28.
                   die
                   Septembris
                   .
                
              
               
                 
                   Clauso
                   Anno
                   sexto
                   Edwardi
                   primi
                   .
                   M.
                   
                
                 
                   Bilherus
                   Pesse
                   captus
                   &
                   detent
                   .
                   in
                   prisona
                   Regis
                   de
                   Norwich
                   pro
                   morte
                   Jul.
                   quond
                   .
                   uxoris
                   suae
                   unde
                   rectatus
                   est
                   ,
                   habet
                   literas
                   Vic.
                   Norff.
                   quod
                   ponatur
                   per
                   ballium
                   ,
                   T.
                   Rege
                   apud
                   VVestmonast
                   .
                   12.
                   
                   Novembris
                   .
                
              
               
                 
                   M.
                   4.
                   
                
                 
                   Mandat
                   .
                   est
                   Vic.
                   Nott.
                   scilicet
                   quod
                   si
                   Thomas
                   de
                   Cadrte
                   rectatus
                   de
                   transg
                   .
                   Forrest
                   quam
                   fecisse
                   dicebatur
                   in
                   Forresto
                   de
                   Shirwood
                   ,
                   invenerit
                   sibi
                   sex
                   probos
                   &
                   legales
                   homines
                   de
                   balliva
                   sua
                   qui
                   eum
                   Reg.
                   ad
                   stand
                   .
                   rect
                   .
                   coram
                   R.
                   cum
                   R.
                   inde
                   manucap
                   .
                   habere
                   coram
                   Rege
                   ad
                   mand
                   .
                   vers
                   .
                   eum
                   loqui
                   voluerit
                   ,
                   tunc
                   praed
                   .
                   Tho.
                   praed
                   .
                   sex
                   hominib
                   .
                   tradat
                   in
                   ballium
                   juxta
                   manucaptionem
                   supradictam
                   .
                   Dat.
                   decimo
                   quinto
                   die
                   Decembris
                   .
                
              
               
                 
                   M.
                   4.
                   
                
                 
                   Thorn.
                   Burell
                   Capt.
                   &
                   detent
                   .
                   in
                   prisona
                   Regis
                   Exon.
                   pro
                   morte
                   Galf.
                   Giffarde
                   unde
                   rectat
                   .
                   est
                   ,
                   habet
                   litteras
                   Vic.
                   Devon.
                   quod
                   ponatur
                   per
                   ballium
                   .
                
              
               
                 
                 
                   Clauso
                   Anno
                   3.
                   
                   Edwardi
                   secundi
                   .
                   M.
                   13.
                   
                
                 
                   Adem
                   le
                   Piper
                   Capt.
                   &
                   detent
                   .
                   in
                   Gaole
                   Regis
                   Ebor.
                   pro
                   morte
                   Henr.
                   
                   le
                   Simer
                   de
                   Escricke
                   unde
                   rect
                   .
                   est
                   ,
                   habet
                   literas
                   Regis
                   Vic.
                   Ebor.
                   quod
                   ponatur
                   per
                   ballium
                   usque
                   ad
                   prim
                   .
                   assiam
                   .
                   T.
                   Rege
                   apud
                   Westm
                   .
                   septimo
                   die
                   Febr.
                   
                
              
               
                 
                   M.
                   14.
                   
                
                 
                   Margareta
                   uxor
                   VVilh.
                   Calbot
                   capta
                   &
                   detent
                   .
                   in
                   Gaole
                   Regis
                   Norwic.
                   pro
                   morte
                   Agnetis
                   filiae
                   Wilh
                   .
                   Calbot
                   .
                   &
                   Martil
                   .
                   soror
                   .
                   ejusdem
                   Agnet
                   .
                   unde
                   rectata
                   est
                   ,
                   habet
                   literas
                   Regis
                   Vic.
                   Norff.
                   quod
                   ponatur
                   per
                   ballium
                   .
                   T.
                   Rege
                   apud
                   Shene
                   22.
                   die
                   Jan.
                   
                
              
               
                 
                   M.
                   18.
                   
                
                 
                   Johannes
                   Frere
                   Capt.
                   &
                   detent
                   .
                   in
                   Gaole
                   Regis
                   Exon.
                   pro
                   morte
                   Ade
                   de
                   Egelegh
                   unde
                   rectat
                   .
                   est
                   ,
                   habet
                   literas
                   Regis
                   Vic.
                   Devon
                   .
                   quod
                   ponatur
                   per
                   ballium
                   .
                   T.
                   Rege
                   apud
                   VVestm
                   .
                   8.
                   die
                   De●embris
                   .
                
              
               
                 
                   Clauso
                   Anno
                   quarto
                   Edwardi
                   Secundi
                   .
                   M.
                   7.
                   
                
                 
                   Robertus
                   Shereve
                   capt
                   .
                   &
                   detent
                   .
                   in
                   Gaole
                   Regis
                   de
                   Colcestr
                   .
                   pro
                   morte
                   Robertile
                   M●igne
                   unde
                   in●i●tat
                   .
                   est
                   ,
                   habet
                   literas
                   
                   Regis
                   Vic.
                   Essex
                   ,
                   quod
                   ponatur
                   in
                   ballium
                   usque
                   ad
                   pri
                   .
                   assiam
                   .
                   Dat.
                   22.
                   die
                   Maii.
                   
                
              
               
                 
                   M.
                   8.
                   
                
                 
                   VVilh.
                   filius
                   Rogerile
                   Fishere
                   de
                   Shurborne
                   capt
                   .
                   &
                   detent
                   .
                   in
                   Gaole
                   Regis
                   Ebor.
                   pro
                   morte
                   Roberti
                   le
                   Monnour
                   de
                   Norton
                   unde
                   rectatus
                   est
                   ,
                   habet
                   literas
                   Regis
                   Vic.
                   Ebor.
                   quod
                   ponatur
                   per
                   ballium
                   usque
                   ad
                   pri
                   .
                   Assiam
                   ,
                   Dat.
                   25.
                   
                   Die
                   April
                   .
                
              
               
                 
                   Clauso
                   Anno
                   quarto
                   Edwardi
                   secundi
                   .
                   M.
                   22.
                   
                
                 
                   Thom.
                   Ellys
                   de
                   Stamford
                   capt
                   .
                   &
                   detent
                   .
                   in
                   prisona
                   Regis
                   Lincoln
                   .
                   pro
                   morte
                   Michael
                   .
                   filii
                   VVilh.
                   de
                   Foderingey
                   unde
                   rectatus
                   est
                   ,
                   habet
                   literas
                   Regis
                   Vic.
                   Linc.
                   quod
                   ponatur
                   in
                   ballium
                   usque
                   ad
                   pri
                   .
                   Assiam
                   .
                   T.
                   Rege
                   apud
                   novam
                   VVest
                   .
                   octavo
                   die
                   Septembris
                   .
                
              
               
                 
                   Patent
                   .
                   Anno
                   octavo
                   Edwardi
                   pars
                   prima
                   membr
                   .
                   14.
                   
                
                 
                   Rex
                   omnib
                   .
                   ad
                   quos
                   &c.
                   
                   Salutem
                   .
                   Sciatis
                   quod
                   cum
                   Georgius
                   De
                   Rupe
                   de
                   Hiber
                   .
                   
                   defunctus
                   pro
                   eo
                   quod
                   ad
                   Parliamenta
                   apud
                   Dublin
                   in
                   Hibern
                   .
                   Ann.
                   Regni
                   Domini
                   Edwardi
                   nuper
                   Regis
                   Angl.
                   praec
                   .
                   nostrivicesimo
                   ,
                   &
                   Anno
                   Regni
                   nostri
                   secundo
                   
                   tenta
                   ,
                   non
                   venit
                   prout
                   summonitus
                   fuit
                   ,
                   ad
                   ducentas
                   marcas
                   amerciatus
                   fuisset
                   ut
                   accipimus
                   ,
                   Ac
                   Johannes
                   filius
                   praedicti
                   Georgii
                   nobis
                   supplicaverit
                   ut
                   habito
                   respectu
                   ad
                   hoc
                   quod
                   praedictus
                   pater
                   suus
                   se
                   a
                   Parliamentis
                   praedictis
                   causa
                   in
                   obedientiae
                   non
                   absentavit
                   ,
                   per
                   quod
                   ita
                   excessive
                   amerciari
                   deberet
                   ,
                   Velimus
                   concedere
                   ,
                   quod
                   amerciamenta
                   illa
                   quae
                   ab
                   ipso
                   Johanne
                   ad
                   opus
                   nostrum
                   per
                   summonitionem
                   Sccii
                   nostri
                   Dublin
                   jam
                   exigunt
                   ,
                   juste
                   moderentur
                   .
                   Nos
                   volentes
                   cum
                   eodem
                   Johanne
                   gratiose
                   agere
                   in
                   hac
                   parte
                   ,
                   Volumus
                   &
                   concedimus
                   quod
                   decem
                   librae
                   tantum
                   de
                   praedictis
                   ducentis
                   marcis
                   ad
                   opus
                   nostrum
                   ex
                   causis
                   praemissis
                   leventur
                   ;
                   Et
                   praefatum
                   Johannem
                   de
                   toto
                   residuo
                   earundum
                   ducentarum
                   marcarum
                   tenore
                   praesentium
                   quietamus
                   .
                   In
                   
                     Cujus
                     .
                     &c.
                  
                   T.
                   Rege
                   apud
                   Novum
                   Castrum
                   super
                   Tynam
                   .
                
              
               
                 
                   Per
                   Petitionem
                   de
                   Concilio
                   apud
                   Novum
                   Castrum
                   super
                   Tynam
                   .
                
                 
                   Et
                   mandat
                   .
                   est
                   Thomae
                   &
                   Camerar
                   .
                   de
                   Sccio
                   .
                   Dublin
                   quod
                   praedictas
                   decem
                   libras
                   de
                   praedictis
                   ducentis
                   marcis
                   de
                   praefato
                   Johanne
                   ad
                   opus
                   Regis
                   levent
                   ,
                   &
                   ipsum
                   Johannem
                   de
                   toto
                   residuo
                   inde
                   addict
                   .
                   Sccam
                   .
                   exonerari
                   &
                   quietum
                   esse
                   fact
                   .
                   T.
                   ut
                   supra
                   .
                
                 
                   Per
                   eandem
                   Petitionem
                
              
               
                 
                 
                   Patent
                   .
                   vicesimo
                   septimo
                   Edwardi
                   tertii
                   pars
                   prima
                   membr
                   .
                   13.
                   
                
                 
                   Rex
                   omnibus
                   ad
                   quos
                   &c.
                   Salut
                   .
                   Sciatis
                   quod
                   de
                   gra
                   .
                   
                   nostra
                   speciali
                   Concessimus
                   pro
                   nobis
                   &
                   hered
                   .
                   nostris
                   dilecto
                   ,
                   &
                   fideli
                   nostro
                   Iacobo
                   Daudle
                   de
                   Helegh
                   quod
                   ipse
                   ad
                   to
                   tam
                   vitam
                   quietus
                   sit
                   de
                   veniendo
                   ad
                   Parliamenta
                   &
                   Conciiia
                   nostra
                   &
                   hered
                   .
                   nostrorum
                   ac
                   etiam
                   ad
                   congregationes
                   Magnatum
                   &
                   procerum
                   ad
                   mandata
                   nostra
                   vel
                   heredum
                   nostrorum
                   ubicunque
                   faciend
                   .
                   Ita
                   quod
                   idem
                   Jacobus
                   ,
                   quoad
                   vixerit
                   ra●ione
                   non
                   adventus
                   sui
                   ad
                   Parliamenta
                   ,
                   Concilia
                   ,
                   seu
                   Congregationes
                   hujusmodi
                   ,
                   seu
                   Personalis
                   Comparationis
                   in
                   eisdem
                   per
                   nos
                   vel
                   heredes
                   nostros
                   aut
                   ministros
                   nostros
                   quoscunque
                   non
                   impetatur
                   ,
                   occasionetnr
                   aliqual
                   .
                   seu
                   gravetur
                   .
                   Concessimus
                   insuper
                   pro
                   nobis
                   &
                   ●ered
                   .
                   nostris
                   praefato
                   jacobo
                   quod
                   ipse
                   toto
                   tempore
                   vitae
                   suae
                   ad
                   laborand
                   .
                   de
                   guerra
                   in
                   servitiis
                   nostris
                   vel
                   hered
                   .
                   nostrorum
                   seu
                   ad
                   homines
                   ad
                   arma
                   ,
                   hobelarios
                   ,
                   vel
                   sagitarios
                   in
                   hujusmodi
                   servitiis
                   ex
                   nunc
                   inveniend
                   .
                   extta
                   Regnum
                   nostrum
                   Angl.
                   nisi
                   cum
                   Regale
                   servitium
                   nostrum
                   aut
                   heredum
                   nostrorum
                   summonitum
                   fuerit
                   ,
                   contra
                   voluntatem
                   suam
                   nullatenus
                   Compellatur
                   ,
                   nec
                   ea
                   de
                   causa
                   aliquali
                   er
                   impetatur
                   ,
                   Ita
                   semper
                   quod
                   idem
                   Jacobus
                   cum
                   hominibus
                   ad
                   arma
                   &
                   aliis
                   armatis
                   pro
                   defensione
                   Regni
                   nostri
                   Angl.
                   infra
                   idem
                   Regnum
                   quoties
                   aggressus
                   inimicorum
                   
                   nostrorum
                   aut
                   aliud
                   periculum
                   vel
                   necessitas
                   eidem
                   Regno
                   immineant
                   una
                   cum
                   aliis
                   fidelibus
                   nostris
                   ipsius
                   Regni
                   proficiscat
                   .
                   &
                   homines
                   ad
                   arma
                   ,
                   hobelar
                   .
                   &
                   sagittar
                   .
                   juxta
                   statum
                   suum
                   sicut
                   Caeteri
                   de
                   eodem
                   Regno
                   ea
                   de
                   causa
                   invenire
                   teneatur
                   .
                   In
                   Cujus
                   rei
                   &c.
                   T.
                   Rege
                   apud
                   West
                   .
                   20.
                   die
                   April
                   .
                
                 
                   per
                   ipsum
                   Regem
                   .
                
              
               
                 
                   Patent
                   .
                   42.
                   
                   Edwardi
                   .
                   3.
                   part
                   .
                   secunda
                   mem
                   .
                   13.
                   
                
                 
                   Rex
                   omnibus
                   Ball.
                   
                   &
                   fidelibus
                   suis
                   ad
                   quos
                   &c.
                   
                   Salutem
                   .
                   Sciatis
                   quod
                   de
                   gra
                   .
                   nostra
                   speciali
                   concessimus
                   pro
                   nobis
                   &
                   hered
                   .
                   nostris
                   dilecto
                   &
                   fideli
                   nostro
                   Roberto
                   de
                   Insula
                   mil.
                   fil
                   .
                   &
                   heredi
                   Johannis
                   de
                   Insula
                   ,
                   quod
                   idem
                   Robertus
                   ad
                   totam
                   vitam
                   suam
                   hanc
                   habeat
                   libertatem
                   ,
                   videlicet
                   ,
                   quod
                   ad
                   Parliamenta
                   seu
                   Concilia
                   nostra
                   vel
                   hered
                   .
                   nostrorum
                   ex
                   quacunque
                   causa
                   venire
                   minime
                   teneatur
                   .
                   Et
                   quod
                   ipse
                   in
                   aliqua
                   Jurata
                   ,
                   attincta
                   aut
                   magna
                   Assisas
                   nos
                   vel
                   heredes
                   nostros
                   tangent
                   .
                   aut
                   aliis
                   Juratis
                   ,
                   attinctis
                   aut
                   assizis
                   quibuscunque
                   non
                   ponatur
                   &c.
                   
                   Et
                   ideo
                   Vobis
                   mandamus
                   quod
                   praedictum
                   Robertum
                   contra
                   hanc
                   concessionem
                   nostram
                   non
                   molestetis
                   in
                   aliquo
                   seu
                   gravetis
                   .
                   In
                   Cujus
                   &c.
                   T.
                   Rege
                   apud
                   West
                   .
                   24.
                   die
                   Novembr
                
                 
                   per
                   breve
                   de
                   privato
                   Sigillo
                   .
                
              
               
                 
                 
                   Pat.
                   34.
                   
                   Henric.
                   sext
                   .
                   membr
                   .
                   23.
                   
                
                 
                   Rex
                   omnibus
                   ad
                   quos
                   &c.
                   
                   Salut
                   .
                   Sciatis
                   quod
                   cum
                   pro
                   quibusdam
                   arduis
                   &
                   urgentibus
                   negotiis
                   nos
                   statum
                   &
                   defensionem
                   Regni
                   nostri
                   Angl.
                   ac
                   Ecclesiae
                   Anglicanae
                   contingentibus
                   ,
                   quoddam
                   Parliamentum
                   nostrum
                   nuper
                   apud
                   Palatium
                   nostrum
                   VVest
                   .
                   teneri
                   ,
                   &
                   usque
                   ad
                   duodecim
                   .
                   diem
                   hujus
                   instantis
                   mensis
                   Novembr
                   .
                   ad
                   idem
                   Palatium
                   nostrum
                   adjornari
                   &
                   prorogari
                   ordinaverimus
                   ,
                   quia
                   vero
                   dicto
                   Parliamento
                   nostro
                   propter
                   certas
                   justas
                   &
                   rationabiles
                   causas
                   in
                   persona
                   nostra
                   non
                   potuetuerimus
                   interesse
                   ,
                   Nos
                   de
                   circumspectione
                   &
                   industria
                   Carissimi
                   Consanguinei
                   nostri
                   Rich.
                   Ducis
                   Ebora
                   .
                   plenam
                   fiduciam
                   reportantes
                   ,
                   eidem
                   Consanguineo
                   nostro
                   ad
                   Parliamentum
                   praedictum
                   nomine
                   nostro
                   tenend
                   .
                   &
                   in
                   eod
                   .
                   procedend
                   .
                   &
                   ad
                   faciend
                   .
                   omnia
                   &
                   singula
                   quae
                   pro
                   nobis
                   &
                   per
                   nos
                   pro
                   bono
                   regimine
                   &
                   gubernatione
                   Regni
                   nostri
                   praedicti
                   ac
                   aliorum
                   Dominorum
                   nostrorum
                   eidem
                   Regno
                   nostro
                   pertinent
                   .
                   ibidem
                   fuerint
                   faciend
                   .
                   nec
                   non
                   ad
                   Parliamentum
                   illud
                   finiend
                   .
                   &
                   dissolvend
                   .
                   de
                   assensu
                   Concilii
                   nostri
                   plenam
                   tenore
                   praesentium
                   Commisimus
                   potestatem
                   .
                   Dante
                   's
                   ulterius
                   de
                   assensu
                   ejusdem
                   Concilii
                   nostri
                   tam
                   universis
                   &
                   singulis
                   Archiepiscopis
                   ,
                   Episcopis
                   ,
                   Abbatibus
                   ,
                   Prioribus
                   ,
                   Ducibus
                   ,
                   Comitibus
                   ,
                   Vice-comitibus
                   ,
                   Baronibus
                   &
                   Militibus
                   cum
                   omnibus
                   aliis
                   quorum
                   interest
                   ad
                   Parliamentum
                   
                   nostrum
                   praedictum
                   conventur
                   .
                   scilic
                   .
                   tenore
                   praesentium
                   firmiter
                   in
                   mandatis
                   quod
                   eidem
                   Consanguineo
                   nostro
                   intendant
                   in
                   praemissis
                   in
                   forma
                   praedicta
                   .
                   In
                   Cujus
                   &c.
                   T.
                   Rege
                   .
                   apud
                   VVest
                   .
                   II.
                   die
                   Novembr
                   .
                   Per
                   breve
                   de
                   privato
                   Sigillo
                   &
                   de
                   dat
                   .
                   praedict
                   .
                   &c.
                   
                
              
               
                 
                   Pat.
                   24.
                   
                   Henric.
                   6.
                   memb
                   .
                   19.
                   pars
                   prima
                   .
                
                 
                   Rex
                   omnibus
                   Balliis
                   &
                   fidelibus
                   suis
                   ad
                   quos
                   &c.
                   
                   Salut
                   .
                   Sciatis
                   quod
                   cum
                   ubi
                   VVilh.
                   Lovell
                   miles
                   ad
                   Parliamenta
                   &
                   Concilia
                   nostra
                   ad
                   mandatum
                   nostrum
                   ,
                   venire
                   teneatur
                   ,
                   hinc
                   est
                   quod
                   idem
                   VVilhelmus
                   ,
                   ob
                   divers
                   .
                   infirmat
                   .
                   quibus
                   detinetur
                   ,
                   absque
                   maximo
                   corporis
                   sui
                   periculo
                   ad
                   Parliamenta
                   &
                   Concilia
                   praedicta
                   laborare
                   non
                   sufficit
                   ,
                   ut
                   informamur
                   .
                   Nos
                   praemissa
                   ,
                   ac
                   bona
                   &
                   gratuita
                   servitia
                   quae
                   idem
                   VVilh.
                   tam
                   patri
                   nostro
                   defuncto
                   quam
                   nobis
                   in
                   partibus
                   transmarinis
                   impendit
                   ,
                   &
                   nobis
                   in
                   in
                   Regno
                   nostro
                   Angl.
                   impendere
                   desiderat
                   Considerantes
                   ,
                   de
                   gratia
                   nostra
                   speciali
                   Concessimus
                   eidem
                   VVilh.
                   quod
                   ipse
                   durante
                   vita
                   sua
                   per
                   nos
                   vel
                   hered
                   .
                   nostros
                   ad
                   veniend
                   .
                   ad
                   Parliamenta
                   seu
                   Concilia
                   nostra
                   quaecunque
                   tent
                   .
                   sive
                   in
                   posterum
                   tenen
                   .
                   contra
                   voluntatem
                   suam
                   non
                   arctetur
                   nec
                   Compellatur
                   quovis
                   modo
                   ,
                   Sed
                   quod
                   ipse
                   ab
                   hujusmodi
                   Parliamentis
                   &
                   Conciliis
                   in
                   futur
                   .
                   se
                   absentare
                   possit
                   licite
                   &
                   impune
                   ,
                   aliquo
                   Statuto
                   ,
                   Actu
                   ,
                   Ordinatione
                   .
                   sive
                   Mandaro
                   inde
                   in
                   Contrarium
                   
                   fact
                   .
                   ordinat
                   .
                   sive
                   provis
                   .
                   non
                   obstant
                   .
                   Et
                   ulterius
                   volumus
                   ,
                   &
                   eidem
                   Wilhelmo
                   per
                   praes
                   .
                   Concedimus
                   quod
                   absentatio
                   hujusmodi
                   non
                   cedat
                   ei
                   in
                   damnum
                   seu
                   prejudicium
                   quoquo
                   modo
                   ,
                   Sed
                   quod
                   praes
                   .
                   Carta
                   nostra
                   de
                   exemptione
                   ,
                   per
                   praefatum
                   Wilh
                   .
                   seu
                   alium
                   quemcunque
                   nomine
                   suo
                   in
                   quibuscunque
                   locis
                   infra
                   Regnum
                   nostrum
                   Angl.
                   demonstrat
                   .
                   super
                   demonstratione
                   illa
                   eidem
                   Wilh
                   .
                   valeat
                   &
                   allocetur
                   ,
                   Proviso
                   semper
                   quod
                   idem
                   Wilh
                   .
                   ad
                   voluntatem
                   suam
                   ,
                   &
                   heredes
                   sui
                   loca
                   sua
                   in
                   Parliamenta
                   &
                   Conciliis
                   praedictis
                   habeant
                   &
                   teneant
                   ,
                   prout
                   idem
                   Wilh
                   .
                   &
                   antecessores
                   sui
                   in
                   hujusmodi
                   Parliamentis
                   &
                   Conciliis
                   ab
                   antiquo
                   habuerunt
                   &
                   tenuerunt
                   ,
                   Concessione
                   nostra
                   praedicta
                   non
                   obstante
                   .
                   In
                   Cujns
                   .
                   &c.
                   T.
                   Rege
                   apud
                   West
                   .
                   quarto
                   die
                   Febr.
                   
                
                 
                   Per
                   breve
                   de
                   privato
                   sigillo
                   &
                   de
                   data
                   praedicta
                   authoritate
                   Parliamenti
                   .
                
              
               
                 
                   Clauso
                   Anno
                   27.
                   
                   Henric.
                   6.
                   m.
                   24.
                   dorso
                   .
                
                 
                   Rex
                   dilecto
                   &
                   fidel
                   .
                   suo
                   Hen.
                   
                   Bromflete
                   Militi
                   Baroni
                   de
                   Vescy
                   Salutem
                   .
                   Quia
                   &
                   Volumus
                   enim
                   vos
                   &
                   heredes
                   vestros
                   masculos
                   de
                   Corpore
                   vestro
                   legitime
                   exeuntes
                   Barones
                   de
                   Vessey
                   existere
                   .
                   T.
                   Rege
                   apud
                   West
                   .
                   24.
                   die
                   Januar.
                   
                
              
               
                 
                   Pat.
                   34.
                   
                   Henric.
                   sext
                   .
                   membr
                   .
                   13
                   .
                
                 
                   Rex
                   concessit
                   Hen.
                   Bromflete
                   militi
                   domino
                   
                   Vessey
                   qui
                   senio
                   &
                   tantis
                   infirmitatibus
                   detentus
                   existit
                   ,
                   
                   
                     quod
                     absque
                  
                   maximo
                   Corporis
                   sui
                   periculo
                   labor
                   .
                   non
                   sufficit
                   ,
                   quod
                   ipse
                   durante
                   vita
                   sua
                   ad
                   personalit
                   .
                   veniend
                   .
                   ad
                   person
                   .
                   Regis
                   ,
                   per
                   aliquod
                   breve
                   sub
                   magno
                   vel
                   privato
                   sigillo
                   ,
                   aut
                   per
                   literam
                   sub
                   sigillo
                   Signeti
                   Regis
                   ,
                   vel
                   per
                   aliquod
                   ad
                   
                     aliud
                     mandatum
                  
                   Regis
                   vel
                   hered
                   .
                   suorum
                   seu
                   ad
                   
                     aliquod
                     Concilium
                  
                   ,
                   sive
                   Parliamentum
                   Regis
                   vel
                   hered
                   .
                   suorun
                   ex
                   nunc
                   tenend
                   .
                   
                     nullatenus
                     arctatur
                     neque
                     compellatur
                  
                   Contra
                   
                     voluntat
                     .
                     suam
                  
                   &c.
                   T.
                   Rege
                   apu●
                   West
                   .
                   13.
                   
                     die
                     Maii.
                  
                   
                
                 
                   Per
                   ipsum
                   Regem
                   de
                   dat
                   .
                   praedicta
                   auctoritate
                   Parliamenti
                   .
                
              
            
          
        
         
      
       
         
           
             
             
             
               A
               SPEECH
               Delivered
               in
               the
               Lower
               House
               of
               PARLIAMENT
               
                 Assembled
                 at
              
               OXFORD
               :
               
                 In
                 the
                 first
                 year
                 of
                 the
                 Reign
              
               of
               KING
               CHARLES
               ,
               I.
               
            
             
               By
               Sir
               ROBERT
               COTTON
               Knight
               and
               Barronet
               .
            
             
               LONDON
               :
               Printed
               in
               the
               Year
               1672.
               
            
          
        
         
           
             
             
             
               A
               SPEECH
               Delivered
               in
               the
               Lower
               House
               of
               PARLIAMENT
               Assembled
               at
               OXFORD
               :
               In
               the
               first
               year
               of
               the
               Reign
               of
               King
               CHARLES
               .
            
             
               
                 Mr.
                 SPEAKER
                 ,
              
            
             
               ALthough
               the
               constant
               VVisdome
               of
               this
               House
               of
               Commons
               did
               well
               and
               worthily
               appear
               in
               censuring
               that
               ill
               advised
               Member
               the
               last
               day
               ,
               for
               trenching
               so
               far
               into
               their
               antient
               Liberties
               ,
               and
               might
               encourage
               each
               worthy
               Servant
               of
               the
               publique
               here
               to
               offer
               freely
               up
               his
               Council
               and
               opinion
               :
               Yet
               since
               these
               VValls
               cannot
               conceal
               from
               the
               Ears
               of
               captious
               ,
               guilty
               and
               revengful
               men
               withou●
               ,
               the
               Councel
               and
               debates
               within
               :
               
               I
               will
               endeavour
               ,
               as
               my
               clear
               mind
               is
               free
               from
               any
               personal
               distaste
               of
               any
               one
               ,
               so
               to
               express
               the
               honest
               thoughts
               of
               my
               Heart
               ,
               and
               discharge
               the
               best
               care
               of
               my
               trust
               ,
               as
               no
               person
               shall
               justly
               taxe
               my
               innocent
               and
               publick
               mind
               ,
               except
               his
               Conscience
               shall
               make
               him
               guilty
               of
               such
               Crimes
               as
               worthily
               have
               in
               Parliament
               impeached
               others
               in
               elder
               times
               .
               I
               will
               therefore
               ,
               with
               asmuch
               brevity
               as
               I
               can
               ,
               set
               down
               how
               these
               disorders
               have
               by
               degrees
               sprung
               up
               in
               our
               own
               memories
               ;
               how
               the
               Wisdom
               of
               the
               best
               and
               wisest
               Ager
               did
               of
               old
               redress
               the
               like
               .
               And
               lastly
               ,
               what
               modest
               and
               dutiful
               course
               I
               would
               wish
               to
               be
               followed
               by
               our selves
               in
               this
               so
               happy
               Spring
               of
               our
               hopeful
               Master
               .
               For
               (
               Mr.
               Speaker
               )
               we
               are
               not
               to
               judge
               ,
               but
               to
               present
               :
               The
               redress
               is
               above
               
                 ad
                 Querimoniam
                 Vulgi
              
               .
            
             
               Now
               (
               Mr.
               Speaker
               )
               so
               long
               as
               those
               attended
               about
               our
               late
               Soveraign
               Master
               ,
               now
               with
               God
               ,
               as
               had
               served
               the
               late
               Queen
               of
               happy
               memory
               ,
               debts
               of
               the
               Crown
               were
               not
               so
               great
               ;
               Commissions
               and
               G●ants
               not
               so
               often
               complained
               of
               in
               Parliaments
               ;
               Trade
               flourished
               ;
               Pensions
               not
               so
               many
               ,
               though
               more
               then
               in
               the
               late
               Queens
               time
               :
               for
               they
               exceeded
               not
               18000.
               l.
               now
               near
               120000.
               l.
               All
               things
               of
               moment
               were
               carryed
               by
               publick
               debate
               at
               the
               Council-Table
               ;
               No
               honour
               set
               to
               sale
               ;
               nor
               places
               of
               Judicature
               .
               Lawes
               against
               Priests
               and
               Recusants
               
               were
               executed
               :
               Resort
               of
               Papists
               to
               Ambassadors
               houses
               barred
               and
               punished
               ;
               His
               Majesty
               by
               daily
               direction
               to
               all
               his
               Ministers
               ,
               and
               by
               his
               own
               Pen
               declaring
               his
               dislike
               of
               that
               Profession
               :
               No
               wastful
               expences
               in
               fruitless
               Ambassages
               ,
               nor
               any
               transcendent
               power
               in
               any
               one
               Minister
               .
               For
               matters
               of
               State
               ,
               the
               Council-Table
               held
               up
               the
               fit
               and
               antient
               dignity
               .
               So
               long
               as
               my
               Lord
               of
               Somerset
               stood
               in
               state
               of
               grace
               ,
               and
               had
               by
               his
               Majesty's
               favour
               the
               trust
               of
               the
               Signet
               Seale
               ;
               he
               oft
               would
               glory
               justly
               ,
               there
               passed
               neither
               to
               himself
               ,
               or
               his
               Friends
               any
               long
               Grants
               of
               his
               Highness
               Lands
               or
               Pensions
               :
               For
               that
               which
               himself
               had
               ,
               he
               paid
               20000.
               l.
               towards
               the
               Marriage-Portion
               of
               the
               King's
               Daughter
               .
               His
               care
               was
               to
               pass
               no
               Monopoly
               or
               illegal
               Grant
               ,
               and
               that
               some
               Members
               of
               this
               House
               can
               witness
               by
               his
               charge
               unto
               them
               .
               No
               giving
               way
               to
               the
               sale
               of
               Honours
               ,
               as
               a
               breach
               upon
               the
               Nobility
               (
               for
               such
               were
               his
               own
               words
               )
               refusing
               Sir
               John
               Roper's
               Office
               ,
               then
               tendred
               to
               procure
               him
               to
               be
               made
               a
               Baron
               .
               The
               match
               with
               Spain
               ,
               then
               offered
               (
               and
               with
               condition
               to
               require
               no
               further
               toleration
               in
               Religion
               then
               Ambassadours
               here
               are
               allowed
               )
               discovering
               the
               double
               dealing
               and
               the
               dangers
               ,
               he
               disswaded
               his
               Majesty
               from
               ;
               and
               left
               him
               so
               far
               in
               distrust
               of
               the
               Faith
               of
               that
               King
               ,
               and
               his
               great
               Instrument
               Gondomar
               ,
               then
               here
               residing
               ,
               that
               his
               Majesty
               did
               term
               him
               long
               time
               
               after
               a
               
                 Jugling
                 Jack
              
               .
               Thus
               stood
               th'
               effect
               of
               his
               power
               with
               his
               Majesty
               when
               the
               Clouds
               of
               his
               misfortune
               fell
               upon
               him
               .
               VVhat
               the
               future
               advices
               led
               in
               ,
               we
               may
               well
               remember
               .
               The
               marriage
               with
               Spain
               was
               again
               renewed
               :
               Gondomar
               declared
               an
               honest
               man
               :
               Poperie
               heartened
               ,
               by
               admission
               of
               those
               unsure
               ,
               before
               conditions
               of
               Conveniencie
               .
               The
               forces
               of
               his
               Majestie
               in
               the
               Palatinate
               withdrawn
               ,
               upon
               Spanish
               faith
               improved
               here
               and
               beleived
               ;
               by
               which
               his
               Highness
               Children
               have
               lost
               their
               Patrimony
               ,
               and
               more
               money
               been
               spent
               in
               fruitless
               Ambassages
               ,
               then
               would
               have
               maintained
               an
               Army
               fit
               to
               have
               recovered
               that
               Countrey
               .
               Our
               old
               and
               fast
               Allies
               disheartened
               ,
               by
               that
               tedious
               and
               dangerous
               Treaty
               :
               And
               the
               King
               our
               now
               Master
               ,
               exposed
               to
               so
               great
               a
               peril
               ,
               as
               no
               wise
               and
               faithful
               Councel
               would
               ever
               have
               advised
               .
               Errors
               in
               Government
               ,
               more
               in
               misfortune
               by
               weak
               Councels
               ,
               then
               in
               Princes
               .
            
             
               The
               loss
               of
               the
               County
               of
               Poyntiffe
               in
               France
               ,
               was
               laid
               to
               Bishop
               
               Wickham's
               charge
               in
               the
               first
               of
               
                 Richard
                 the
              
               2.
               for
               perswading
               the
               King
               to
               forbear
               sending
               aid
               when
               it
               was
               required
               :
               a
               Capital
               crime
               in
               Parliament
               .
               The
               loss
               of
               the
               Dutchie
               of
               Maine
               was
               laid
               to
               
                 Dela
                 Poole
              
               Duke
               of
               
                 Suffolk
                 28.
                 
                 Henry
              
               6.
               in
               single
               and
               unwisely
               treating
               of
               a
               Marriage
               in
               France
               .
            
             
               A
               
                 Spanish
                 Treaty
              
               lost
               the
               Palatinate
               :
               VVhose
               Councel
               hath
               pronounced
               so
               great
               
               power
               to
               the
               Spanish
               Agent
               (
               as
               never
               before
               )
               to
               effect
               freedome
               to
               so
               many
               Priests
               as
               have
               been
               of
               late
               ,
               and
               to
               become
               a
               Sollicitor
               almost
               in
               every
               Tribunal
               or
               the
               ill-affected
               Subjects
               of
               the
               State
               ,
               is
               worth
               the
               enquiry
               .
            
             
               VVhat
               Grants
               of
               Impositions
               before
               crossed
               ,
               have
               lately
               been
               complained
               of
               in
               Parliaments
               ?
               As
               that
               of
               
                 Ale-houses
                 ,
                 Gold-Thred
                 ,
                 Pretermitted
                 Customes
                 ,
              
               and
               many
               more
               ;
               the
               least
               of
               which
               would
               have
               50.
               
               Edward
               3.
               adjudged
               in
               Parliament
               an
               heinous
               crime
               ,
               aswel
               as
               those
               of
               Lyons
               and
               Latymer
               .
            
             
               The
               Duke
               of
               Suffolk
               in
               Henry
               6.
               time
               ,
               in
               procuring
               such
               another
               Grant
               in
               derogation
               of
               the
               Common
               Law
               ,
               was
               adjudged
               in
               Parliament
               .
            
             
               The
               gift
               of
               Honours
               kept
               as
               the
               most
               sacred
               Treasure
               of
               the
               State
               ,
               now
               set
               to
               saile
               ,
               Parliaments
               have
               been
               Suitors
               to
               the
               King
               to
               bestow
               those
               Graces
               ;
               as
               in
               the
               time
               of
               
                 Edward
                 3.
                 
                 Henry
              
               4.
               and
               Henry
               6.
               
               More
               now
               led
               in
               by
               that
               way
               onely
               then
               all
               the
               merits
               of
               the
               best
               deservers
               huve
               got
               these
               last
               500.
               years
               .
               So
               tender
               was
               the
               care
               of
               elder
               times
               that
               it
               is
               an
               Article
               28.
               
               Henry
               6.
               in
               Parliament
               against
               the
               Duke
               of
               Suffolk
               ,
               that
               he
               had
               procured
               for
               himself
               ,
               and
               some
               few
               others
               ,
               such
               Titles
               of
               Honour
               ;
               and
               those
               so
               irregular
               ,
               that
               he
               was
               the
               first
               that
               ever
               was
               Earl
               ,
               Marquess
               ,
               and
               Duke
               of
               the
               self
               same
               place
               .
               Edward
               the
               first
               restrained
               the
               number
               ,
               in
               pollicie
               ,
               
               that
               would
               have
               challenged
               a
               Writ
               by
               Tenure
               :
               and
               how
               this
               proportion
               may
               suit
               with
               profit
               of
               the
               State
               we
               cannot
               tell
               .
               Great
               deserts
               have
               now
               no
               other
               recompence
               then
               costly
               Rewards
               from
               the
               King
               ;
               For
               ,
               we
               now
               are
               at
               a
               vile
               Price
               of
               that
               which
               was
               once
               inestimable
               .
               If
               worthy
               Persons
               have
               been
               advanced
               freely
               to
               places
               of
               greatest
               trust
               ,
               I
               shall
               be
               glad
               .
               Spencer
               was
               condemned
               in
               the
               15.
               of
               Edward
               3.
               for
               displacing
               good
               Servants
               about
               the
               King
               ,
               and
               putting
               in
               his
               Friends
               and
               followers
               ,
               not
               leaving
               ,
               either
               in
               the
               Church
               or
               Common-Wealth
               ,
               a
               place
               to
               any
               ,
               before
               a
               Fine
               was
               paid
               unto
               him
               for
               his
               dependance
               .
               The
               like
               in
               part
               was
               laid
               by
               Parliament
               on
               
                 De
                 la
                 Poole
              
               .
               It
               cannot
               but
               be
               a
               sad
               hearing
               unto
               us
               all
               ,
               what
               my
               Lord
               Treasurer
               the
               last
               day
               told
               us
               of
               his
               Majesties
               great
               Debts
               ,
               high
               Engagements
               ,
               and
               present
               wants
               :
               The
               noise
               whereof
               I
               wish
               may
               ever
               rest
               inclosed
               within
               these
               Walls
               .
               For
               ,
               what
               an
               incouragement
               it
               may
               be
               to
               our
               Enemies
               ,
               and
               a
               disheartning
               to
               our
               Friends
               ,
               I
               cannot
               tell
               .
               The
               danger
               of
               those
               ,
               if
               any
               they
               have
               been
               the
               cause
               ,
               is
               great
               and
               fearful
               .
               It
               was
               no
               small
               motive
               to
               the
               Parliament
               ,
               in
               the
               time
               of
               Henry
               3.
               to
               banish
               the
               Kings
               half-Brethren
               for
               procuring
               to
               themselves
               so
               large
               proportion
               of
               Crown
               Lands
               .
               Gav●ston
               and
               Spencer
               for
               doing
               the
               like
               for
               themselves
               ,
               and
               their
               followers
               in
               Edward
               the
               2.
               time
               ,
               and
               the
               Lady
               V●ssy
               for
               procuring
               the
               like
               for
               
               her
               Brother
               Beaumont
               ,
               was
               banished
               the
               Court.
               
                 Michael
                 de
                 la
                 Poole
              
               was
               condemned
               the
               20.
               of
               Richard
               2.
               in
               Parliament
               ,
               amongst
               other
               Crimes
               ,
               for
               procuring
               Lands
               and
               Pensions
               from
               the
               King
               ,
               and
               having
               imployed
               the
               Subsidies
               to
               other
               ends
               then
               the
               grant
               intended
               .
               His
               Grand-Child
               ,
               
                 William
                 Duke
              
               of
               Suffolk
               ,
               for
               the
               like
               was
               censured
               28.
               
               Henry
               6.
               
               The
               great
               Bishop
               of
               
                 Winchester
                 ,
                 50.
                 
                 Edward
              
               .
               3.
               was
               put
               upon
               the
               Kings
               mercy
               by
               Parliament
               for
               wasting
               in
               time
               of
               Peace
               ,
               the
               Revenues
               of
               the
               Crown
               ,
               and
               gifts
               of
               the
               People
               ,
               to
               the
               yearly
               oppression
               of
               the
               Common-VVealth
               .
               Offences
               of
               this
               Nature
               were
               urged
               to
               the
               ruining
               of
               the
               Last
               Duke
               of
               Somerset
               in
               Edward
               6.
               time
               .
               More
               fearful
               Examples
               may
               be
               found
               ,
               too
               frequent
               in
               Records
               .
               Such
               Improvidence
               and
               ill
               Council
               led
               Henry
               the
               third
               into
               so
               great
               a
               strait
               ,
               as
               after
               he
               had
               pawned
               some
               part
               of
               his
               Forreign
               Territories
               ,
               broke
               up
               his
               House
               ,
               and
               sought
               his
               Diet
               at
               Abbies
               and
               Religious
               houses
               ,
               ingaged
               not
               onely
               his
               own
               Iewels
               ,
               but
               those
               of
               the
               Shrine
               of
               Saint
               Edward
               at
               Westminster
               ,
               he
               was
               in
               the
               end
               (
               not
               content
               ,
               but
               )
               constrained
               to
               lay
               to
               pawne
               (
               as
               some
               of
               his
               Successors
               after
               did
               )
               
                 Magnam
                 Coronam
                 Angliae
              
               ,
               the
               Crown
               of
               England
               .
               To
               draw
               you
               out
               to
               life
               the
               Image
               of
               former
               Kings
               extremities
               ,
               I
               will
               tell
               you
               what
               I
               found
               since
               this
               Assembly
               at
               Oxford
               ,
               written
               by
               a
               Reverend
               man
               twice
               Vice-Chancellour
               of
               this
               place
               :
               his
               
               name
               was
               Gascoign
               ;
               a
               man
               that
               saw
               the
               Tragedy
               of
               
                 De
                 la
                 Poole
              
               :
               He
               tells
               you
               that
               the
               Revenues
               of
               the
               Crown
               were
               so
               Rent
               away
               by
               ill
               Councel
               ,
               that
               the
               King
               was
               inforced
               to
               live
               
                 de
                 Tallagiis
                 Populi
              
               :
               That
               the
               King
               was
               grown
               in
               debt
               
                 quinque
                 centena
                 millia
                 librarum
              
               :
               That
               his
               great
               Favourite
               ,
               in
               treating
               of
               a
               Forrieign
               Marriage
               ,
               had
               lost
               his
               Master
               a
               Forreign
               Dutchie
               :
               That
               to
               work
               his
               ends
               ,
               he
               had
               caused
               the
               King
               to
               adjourn
               the
               Parliament
               
                 in
                 Villis
                 &
                 remoti
                 partibus
                 Regni
                 ,
              
               where
               few
               People
               ,
               
                 propter
                 d●fectum
                 hospitii
                 &
                 victualium
              
               could
               attend
               ,
               and
               by
               shifting
               that
               assembly
               from
               place
               to
               place
               to
               inform
               (
               I
               will
               use
               the
               Authors
               words
               )
               
                 illos
                 paucos
                 qui
                 remanebunt
                 de
                 Communitate
                 Regin
                 ,
                 concedere
                 Regi
                 quamvispessima
                 .
              
               VVhen
               the
               Parliament
               endeavoured
               by
               an
               Act
               of
               Resumption
               ,
               the
               just
               and
               frequent
               way
               to
               repair
               the
               languishing
               State
               of
               the
               Crown
               (
               for
               all
               from
               Henry
               3.
               but
               one
               ,
               till
               the
               6.
               of
               Henrry
               8.
               have
               used
               it
               )
               this
               great
               man
               told
               the
               King
               it
               was
               
                 ad
                 dedecus
                 Regis
              
               ,
               and
               forced
               him
               from
               it
               :
               To
               which
               the
               Commons
               answered
               ,
               although
               
                 vexati
                 laboribus
                 &
                 expensis
                 ,
                 Quod
                 nunquam
                 concederent
                 taxam
                 Regi
                 ,
              
               until
               by
               authority
               of
               Parliament
               ,
               
                 r●su●eret
                 actualiter
                 omnia
                 p●rtinentia
                 Coronae
                 Anglioe
                 .
              
               And
               that
               it
               was
               
                 magis
                 ad
                 dedecus
                 Regis
              
               ,
               to
               leave
               so
               many
               poor
               men
               in
               intolerable
               VVant
               ,
               to
               whom
               the
               King
               stood
               then
               indebtad
               .
               Yet
               nought
               could
               all
               good
               Councel
               work
               ,
               until
               by
               Parliament
               that
               bad
               great
               man
               
               was
               banished
               :
               which
               was
               no
               sooner
               done
               ;
               but
               an
               Act
               of
               Resumption
               followed
               the
               inrollment
               of
               the
               Act
               of
               his
               Exilement
               .
               That
               was
               a
               speeding
               Article
               against
               the
               Bishop
               of
               Winchester
               and
               his
               Brother
               ,
               in
               the
               time
               of
               Edward
               3.
               that
               they
               had
               ingrossed
               the
               person
               of
               the
               King
               from
               his
               other
               Lords
               .
               It
               was
               not
               forgotten
               against
               Gaveston
               and
               the
               Spencers
               in
               Edward
               2.
               time
               .
               The
               unhappy
               Ministers
               of
               Richard
               2.
               
               Henry
               6.
               and
               Edward
               6.
               felt
               the
               weight
               to
               their
               Ruine
               of
               the
               like
               Errors
               .
               I
               hope
               we
               shall
               not
               complain
               in
               Parliament
               again
               of
               such
               .
            
             
               I
               am
               glad
               we
               have
               neither
               just
               cause
               or
               undutiful
               dispositions
               to
               appoint
               the
               King
               a
               Councel
               to
               redress
               those
               Errors
               in
               Parliament
               ,
               as
               those
               of
               the
               42.
               
               H.
               3.
               
               We
               do
               not
               desire
               ,
               as
               5.
               
               H.
               4.
               or
               29.
               
               H.
               6.
               the
               removing
               from
               about
               the
               King
               of
               
                 evil
                 Councellors
                 .
                 We
              
               do
               
                 not
                 request
              
               a
               choise
               by
               name
               ,
               as
               14.
               
               
                 E.
                 3.
                 3.
                 5.
                 11.
                 
                 R.
              
               2.
               8.
               
               H.
               4.
               or
               31.
               
               H.
               6.
               nor
               to
               
                 swear
                 them
              
               in
               Parliament
               ,
               as
               35
               ,
               
                 E.
                 1.
                 9.
                 
                 E.
              
               2.
               or
               5.
               
               R.
               2.
               or
               to
               line
               them
               out
               
                 their
                 directions
                 of
                 rule
              
               ,
               as
               43.
               
               H.
               3.
               and
               8.
               
               H.
               6.
               or
               desire
               that
               which
               H.
               3.
               did
               promise
               in
               his
               42.
               year
               
                 se
                 act●o●nia
                 per
                 assensum
                 Magnatum
                 de
                 Concilio
                 suo
                 electorum
                 ,
                 &
                 sine
                 eor
                 assensu
                 nihil
                 .
                 We
              
               only
               in
               loyal
               duty
               offer
               up
               our
               
                 humble
                 desires
              
               ,
               that
               since
               his
               Majesty
               hath
               with
               
                 advised
                 Judgement
                 elected
              
               so
               
                 wise
                 ,
                 religious
              
               &
               
                 worthy
                 Servants
              
               to
               attend
               him
               in
               that
               
                 high
                 imployemnt
              
               ,
               he
               will
               be
               pleased
               to
               advise
               with
               
                 them
                 together
              
               ,
               a
               way
               of
               remedy
               for
               those
               disasters
               in
               State
               ,
               led
               in
               by
               
                 long
                 security
              
               and
               
                 happy
                 peace
              
               ,
               and
               
                 not
                 with
                 young
                 and
                 single
                 Councel
                 .
              
            
          
        
         
      
       
         
           
             
             
             
               A
               SPEECH
               
                 Made
                 by
                 Sir
              
               ROB.
               COTTON
            
             
               Knight
               and
               Baronet
               ,
               before
               the
               Lords
               of
               his
               Majesties
               most
               Honourable
               PRIVYCOVNCEL
               ,
               At
               the
               Councel
               Table
               :
               being
               thither
               called
               to
               deliver
               his
               Opinion
               touching
               The
               ALTERATION
               OF
               COYNE
               .
            
             
               2.
               
               Sept.
               Annoque
               Regni
               Regis
               Caroli
               2.
               
            
             
               LONDON
               :
               Printed
               in
               the
               Year
               1672
            
          
        
         
           
             
             
             
               A
               SPEECH
               Touching
               the
               ALTERATION
               OF
               COYNE
               .
            
             
               
                 My
                 LORDS
                 ,
              
            
             
               SInce
               it
               hath
               pleased
               this
               Honourable
               Table
               to
               command
               ,
               amongst
               others
               ,
               my
               poor
               Opinion
               concerning
               this
               weighty
               Proposition
               of
               money
               ,
               I
               must
               humbly
               ctave
               pardon
               ;
               if
               with
               that
               Freedome
               that
               becomes
               my
               duty
               to
               my
               good
               and
               gratious
               Master
               ,
               and
               my
               obedience
               to
               your
               great
               command
               ,
               I
               deliver
               it
               so
               up
               .
            
             
               I
               cannot
               (
               my
               good
               Lords
               )
               but
               assuredly
               conceive
               ,
               that
               this
               intended
               Project
               of
               enhauncing
               the
               Coyne
               ,
               
               will
               trench
               both
               into
               the
               Honour
               ,
               the
               Justice
               ,
               and
               the
               Profit
               
               of
               my
               Royal
               Master
               very
               farre
               .
            
             
               All
               Estates
               do
               stand
               
                 Mag
                 is
                 Famâ
                 quam
                 Vi
              
               ,
               
               as
               Tacitus
               saith
               of
               Rome
               :
               and
               Wealth
               in
               every
               Kingdome
               is
               one
               of
               the
               Essential
               marks
               of
               their
               Greatness
               :
               and
               that
               is
               best
               expressed
               in
               the
               Measure
               and
               Puritie
               of
               their
               Monies
               .
               Hence
               was
               it
               ,
               that
               so
               lohg
               as
               the
               
                 Roman
                 Empire
              
               (
               a
               Pattern
               of
               best
               Government
               )
               held
               up
               their
               Glory
               and
               Greatness
               ,
               they
               ever
               maintained
               ,
               with
               little
               or
               no
               charge
               ,
               the
               Standard
               of
               their
               Coine
               .
               But
               after
               the
               loose
               times
               of
               Commodus
               had
               led
               in
               Need
               by
               Excess
               ,
               and
               so
               that
               Shift
               of
               Changing
               the
               Standard
               ,
               the
               Majesty
               of
               that
               Empire
               fell
               by
               degrees
               .
               And
               as
               Vopiscus
               saith
               ,
               the
               steps
               by
               which
               that
               State
               descended
               were
               visibly
               known
               most
               by
               the
               gradual
               alteration
               of
               their
               Coine
               ,
               And
               there
               is
               no
               surer
               Symptome
               of
               a
               Consumption
               in
               State
               then
               the
               corruption
               in
               money
               .
            
             
               What
               renown
               is
               left
               to
               the
               Posterity
               of
               Edward
               the
               first
               in
               amending
               the
               Standard
               ,
               
               both
               in
               purity
               and
               weight
               from
               that
               of
               elder
               and
               more
               barbarous
               times
               ,
               must
               stick
               as
               a
               blemish
               upon
               Princes
               that
               do
               the
               contrary
               .
               
               Thus
               we
               see
               it
               was
               with
               Henry
               the
               sixth
               ;
               who
               ,
               after
               he
               had
               begun
               with
               abating
               the
               measure
               ,
               he
               after
               fell
               to
               abating
               the
               matter
               ;
               and
               granted
               commissions
               to
               Missenden
               and
               others
               to
               practise
               Alchemy
               to
               serve
               his
               Mint
               .
               The
               extremity
               of
               the
               State
               in
               general
               felt
               this
               aggrievance
               ,
               besides
               the
               dishonour
               it
               laid
               upon
               
               the
               person
               of
               the
               King
               ,
               was
               not
               the
               least
               advantage
               his
               disloyal
               Kinsman
               took
               to
               ingrace
               ,
               himself
               into
               the
               Peoples
               favour
               ,
               to
               his
               Soveraign's
               ruine
               .
            
             
               VVhen
               Henry
               the
               8.
               
               had
               gained
               asmuch
               of
               Power
               and
               Glory
               abroad
               ,
               of
               Love
               and
               Obedience
               at
               home
               ,
               as
               ever
               any
               ;
               he
               suffered
               Shipwrack
               of
               all
               upon
               this
               Rock
               .
            
             
               VVhen
               his
               Daughter
               Queen
               Elizabeth
               came
               to
               the
               Crown
               ,
               
               she
               was
               happy
               in
               Council
               to
               amend
               that
               Error
               of
               her
               Father
               :
               For
               ,
               in
               a
               Memorial
               of
               the
               Lord
               Treasurer
               Burliegh's
               hand
               ,
               I
               find
               that
               he
               and
               Sir
               
                 Thomas
                 Smith
              
               (
               a
               grave
               and
               learned
               man
               )
               advising
               the
               Queen
               that
               it
               was
               the
               honour
               of
               her
               Crown
               ,
               and
               the
               true
               wealth
               of
               her Self
               and
               People
               ,
               to
               reduce
               the
               Standard
               to
               the
               antient
               purity
               and
               p●rity
               of
               her
               great
               Grand-Father
               King
               Edward
               4.
               
               
               And
               that
               it
               was
               not
               the
               short
               ends
               of
               VVit
               ,
               nor
               starting
               holes
               of
               devises
               that
               can
               sustain
               the
               expence
               of
               a
               Monarchy
               ,
               but
               sound
               and
               solid
               courses
               :
               for
               so
               are
               the
               words
               .
               She
               followed
               their
               advise
               ,
               and
               began
               to
               reduce
               the
               Monies
               to
               their
               elder
               goodness
               ,
               stiling
               that
               work
               in
               her
               first
               Proclamation
               
                 Anno
                 3.
                 
                 A
                 Famous
                 Act.
              
               The
               next
               year
               following
               ,
               having
               perfected
               it
               as
               it
               after
               stood
               ;
               she
               tells
               her
               People
               by
               another
               Edict
               ,
               that
               she
               had
               conquered
               now
               that
               Monster
               that
               had
               so
               long
               devoured
               them
               ,
               meaning
               the
               Variation
               of
               the
               Standard
               :
               And
               so
               long
               as
               that
               sad
               Adviser
               lived
               ,
               she
               never
               (
               though
               often
               by
               Projectors
               importuned
               )
               could
               be
               
               drawn
               to
               any
               shift
               or
               change
               in
               the
               Rate
               of
               her
               monies
               .
            
             
               To
               avoid
               the
               trick
               of
               Permutation
               ,
               Coyn
               was
               devised
               ,
               as
               a
               Rate
               and
               Measure
               of
               Merchandize
               and
               Manufactures
               ;
               which
               if
               mutable
               ,
               no
               man
               can
               tell
               either
               what
               he
               hath
               ,
               
               or
               what
               he
               oweth
               ,
               no
               contract
               can
               be
               certain
               ,
               and
               so
               all
               commerce
               ,
               both
               publique
               and
               private
               ,
               destroyed
               ;
               and
               men
               again
               enforced
               to
               Permutation
               with
               things
               not
               subject
               to
               wit
               or
               fraud
               .
            
             
               The
               regulating
               of
               Coine
               hath
               been
               left
               to
               the
               care
               of
               Princes
               ,
               who
               are
               presumed
               to
               be
               ever
               the
               Fathers
               of
               the
               Common-VVealth
               .
               Upon
               their
               honours
               they
               are
               Debtors
               and
               VVarranties
               of
               Justice
               to
               the
               Subject
               in
               ●hat
               behalf
               .
               They
               cannot
               ,
               saith
               Bodin
               ,
               
               alter
               the
               price
               of
               the
               moneyes
               ,
               to
               the
               prejudice
               of
               the
               Subjects
               ,
               without
               incurring
               the
               reproach
               of
               
                 Faux
                 M●nnoyeurs
              
               .
               And
               therefore
               the
               Stories
               term
               
                 Philip
                 le
                 Bell
              
               ,
               for
               using
               it
               ,
               
                 Falsificateur
                 de
                 Moneta
                 .
                 Omnino
                 Monetae
                 integritas
                 debet
                 queriubi
                 vultus
                 noster
                 imprimitur
                 ,
              
               saith
               
                 Theodoret
                 the
                 Gothe
              
               to
               his
               Mint-Master
               ,
               
               
                 Quidnam
                 erit
                 tutum
                 si
                 in
                 nostra
                 peccetur
                 Effigie
                 ?
              
               Princes
               must
               not
               suffer
               their
               Faces
               to
               warrant
               falshood
               .
            
             
               Although
               I
               am
               not
               of
               opinion
               with
               
                 Mirror
                 des
                 Justices
              
               ,
               
               the
               antient
               book
               of
               our
               Common
               Law
               ,
               that
               
                 Le
                 Roy
                 ne
                 poit
                 sa
                 Mony
                 Empeirer
                 ne
                 amender
                 sans
                 l'assent
                 de
                 touts
                 ses
                 Counts
                 ,
              
               which
               was
               the
               greatest
               Councel
               of
               the
               Kingdome
               ;
               yet
               can
               I
               not
               pass
               over
               the
               Goodness
               and
               Grace
               of
               money
               of
               
               our
               Kings
               :
               
               (
               As
               Edward
               the
               1.
               and
               the
               3.
               
               Henry
               the
               4.
               
               and
               the
               5.
               with
               others
               ,
               who
               ,
               out
               of
               that
               Rule
               of
               this
               Justice
               ,
               
                 Quod
                 ad
                 omnes
                 spectat
                 ,
                 ab
                 omnibus
                 debet
                 approbari
                 ,
              
               have
               often
               advised
               with
               the
               people
               in
               Parliament
               ,
               both
               for
               the
               Allay
               ,
               Weight
               ,
               Number
               of
               peeces
               ,
               cut
               of
               Coynage
               and
               exchange
               ;
               )
               and
               must
               with
               infinite
               comfort
               acknowledge
               ,
               the
               care
               and
               Justice
               now
               of
               my
               Good
               Master
               ,
               ,
               and
               your
               Lordships
               Wisdoms
               ,
               that
               would
               not
               upon
               information
               of
               some
               few
               Officers
               of
               the
               Mint
               ,
               before
               a
               free
               and
               careful
               debate
               ,
               put
               in
               execution
               this
               Project
               ,
               that
               I
               much
               (
               under
               your
               Honours
               Favour
               )
               suspect
               ,
               would
               have
               taken
               away
               the
               Tenth
               part
               of
               every
               man's
               due
               debt
               ,
               or
               Rent
               already
               reserved
               throughout
               the
               Realm
               ,
               not
               sparing
               the
               King
               ;
               which
               would
               have
               been
               little
               lesse
               then
               a
               Species
               of
               that
               which
               the
               Roman
               Stories
               call
               
                 Tabulae
                 novae
              
               ,
               from
               whence
               very
               often
               seditions
               have
               sprung
               :
               As
               that
               of
               
                 Marcus
                 Gratidianus
                 in
                 Livie
              
               ,
               who
               pretending
               in
               his
               Consulship
               ,
               that
               the
               Currant
               money
               was
               wasted
               by
               use
               ,
               called
               it
               in
               ,
               and
               altered
               the
               Standard
               ;
               which
               grew
               so
               heavy
               and
               grievous
               to
               the
               People
               ,
               as
               the
               Author
               saith
               ,
               because
               no
               man
               thereby
               knew
               certainly
               his
               Wealth
               ,
               that
               it
               caused
               a
               Tumult
               .
            
             
               In
               this
               last
               part
               ,
               
               which
               is
               ,
               the
               Disprofit
               this
               enseebling
               the
               coyn
               will
               bring
               both
               to
               his
               Majestie
               and
               the
               Common-Wealth
               ,
               I
               must
               distinguish
               the
               Monies
               of
               
               Gold
               aud
               Silver
               ,
               as
               they
               are
               Bullion
               or
               Commodities
               ,
               and
               as
               they
               are
               measure
               :
               The
               one
               ,
               the
               Extrinsick
               quality
               ,
               which
               is
               at
               the
               King's
               pleasure
               ,
               as
               all
               other
               measures
               ,
               to
               name
               ;
               The
               other
               the
               Intrinsick
               quantity
               of
               pure
               metall
               ,
               which
               is
               in
               the
               Merchant
               to
               value
               .
               As
               there
               the
               measure
               shall
               be
               either
               lessened
               or
               inlarged
               ,
               so
               is
               the
               quantity
               of
               the
               Commodity
               that
               is
               to
               be
               exchanged
               .
               If
               then
               the
               King
               shall
               cut
               his
               shilling
               or
               pound
               nominal
               less
               then
               it
               was
               before
               ,
               a
               lesse
               proportion
               of
               such
               Commodities
               as
               shall
               be
               exchanged
               for
               it
               must
               be
               received
               .
               It
               must
               then
               of
               force
               follow
               ,
               that
               all
               things
               of
               necessity
               ,
               as
               Victuall
               ,
               Apparell
               ,
               and
               the
               rest
               ,
               as
               well
               as
               those
               of
               Pleasure
               ,
               must
               be
               inhaunced
               .
               If
               then
               all
               men
               shall
               receive
               ,
               in
               their
               shillings
               and
               pounds
               a
               lesse
               proportion
               of
               Silver
               and
               Cold
               then
               they
               did
               before
               this
               projected
               Alteration
               ,
               and
               pay
               for
               what
               they
               buy
               a
               rate
               inhaunced
               ,
               it
               must
               cast
               upon
               all
               a
               double
               loss
               .
            
             
               What
               the
               King
               will
               suffer
               by
               it
               in
               the
               Rents
               of
               his
               lands
               ,
               is
               demonstrated
               enough
               by
               the
               alterations
               since
               the
               18.
               of
               Edward
               the
               3.
               when
               all
               the
               Revenue
               of
               the
               Crown
               came
               into
               the
               receipt
               
                 Pondere
                 &
                 Numero
              
               ,
               after
               five
               groats
               in
               the
               ounce
               ;
               which
               since
               that
               time
               ,
               by
               the
               severall
               changes
               of
               the
               Standard
               is
               come
               to
               five
               shillings
               ,
               whereby
               the
               King
               hath
               lost
               two
               third
               parts
               of
               his
               just
               Revenue
               .
            
             
               In
               his
               Customs
               ,
               the
               best
               of
               rate
               being
               
               regulated
               by
               pounds
               and
               shillings
               ,
               his
               Majesty
               must
               lose
               alike
               ;
               And
               so
               in
               all
               and
               whatsoever
               monies
               that
               after
               this
               he
               shall
               receive
               .
            
             
               The
               profit
               by
               this
               change
               in
               coynage
               ,
               cannot
               be
               much
               ,
               nor
               manent
               .
               In
               the
               other
               the
               loss
               lasting
               ,
               and
               so
               large
               ,
               that
               it
               reacheth
               to
               little
               less
               then
               yearly
               to
               a
               sixth
               part
               of
               his
               whole
               Revenue
               :
               for
               hereby
               in
               every
               pound
               tale
               of
               Gold
               there
               is
               nine
               ounces
               ,
               one
               penny
               weight
               ,
               and
               19
               grains
               loss
               ,
               which
               is
               25
               l.
               in
               account
               ,
               and
               in
               the
               100
               1.
               tale
               of
               Silver
               59
               ounces
               ,
               which
               is
               14
               l.
               17
               s.
               more
               .
            
             
               And
               as
               his
               Majestie
               shall
               undergoe
               all
               these
               losses
               hereafter
               in
               all
               his
               receipts
               ;
               so
               shall
               he
               no
               less
               in
               many
               of
               his
               disbursements
               .
               The
               wages
               of
               his
               Souldiers
               must
               be
               rateably
               advanced
               as
               the
               money
               is
               decreased
               .
               This
               Edward
               the
               third
               (
               as
               appeareth
               by
               the
               account
               of
               the
               Wardrobe
               and
               Exchequor
               )
               as
               all
               the
               Kings
               after
               were
               enforced
               to
               do
               ,
               as
               oft
               as
               they
               lessened
               the
               Standard
               of
               their
               monies
               .
               The
               prices
               of
               what
               shall
               be
               bought
               for
               his
               Ma●esties
               service
               ,
               must
               in
               like
               proportion
               be
               inhaunced
               on
               him
               .
               And
               as
               his
               Majesty
               hath
               the
               greatest
               of
               Receipts
               and
               Issues
               ,
               so
               must
               he
               of
               necessity
               taste
               the
               most
               ,
               of
               loss
               by
               this
               device
               .
            
             
               It
               will
               discourage
               a
               great
               proportion
               of
               the
               Trade
               in
               England
               ,
               and
               so
               impair
               his
               Majesty's
               Customs
               .
               For
               that
               part
               (
               being
               not
               the
               least
               )
               that
               payeth
               upon
               trust
               and
               
               credit
               will
               be
               overthrown
               ;
               for
               all
               men
               being
               doubtful
               of
               diminution
               hereby
               of
               their
               personal
               Estates
               ,
               will
               call
               their
               moneys
               already
               out
               ,
               and
               no
               man
               will
               part
               with
               that
               which
               is
               by
               him
               ,
               upon
               such
               apparent
               loss
               as
               this
               must
               bring
               .
               What
               danger
               may
               befall
               the
               State
               by
               such
               a
               suddain
               stand
               of
               Trade
               ,
               I
               cannot
               guess
               .
            
             
               The
               monies
               of
               Gold
               and
               Silver
               formerly
               coyned
               and
               abroad
               ,
               being
               richer
               then
               these
               intended
               ,
               will
               be
               made
               for
               the
               me
               part
               hereby
               Bullion
               ,
               and
               so
               transported
               ;
               which
               I
               conceive
               to
               be
               none
               of
               the
               least
               inducements
               that
               hath
               drawn
               so
               many
               Gold-Smiths
               to
               side
               this
               Project
               ,
               that
               they
               may
               be
               thereby
               Factors
               for
               the
               strangers
               ,
               who
               by
               the
               lowness
               of
               minting
               (
               being
               but
               2
               s.
               Silver
               the
               pound
               weight
               ,
               and
               4s
               .
               for
               Gold
               ;
               whereas
               with
               us
               the
               one
               is
               4.
               and
               the
               other
               5
               s.
               )
               may
               make
               that
               profit
               beyond-sea
               they
               cannot
               here
               ,
               and
               so
               his
               Majesty's
               mint
               unset
               on
               work
               .
            
             
               And
               as
               his
               Majesty
               shall
               lose
               apparently
               in
               the
               alteration
               of
               monies
               a
               14.
               in
               all
               the
               Silver
               ,
               and
               a
               25.
               part
               in
               all
               the
               Gold
               he
               after
               shall
               receive
               ;
               so
               shall
               the
               Nobility
               ,
               Gentry
               ,
               and
               all
               other
               ,
               in
               all
               their
               former
               setled
               Rents
               ,
               Annuities
               ,
               Pensions
               and
               loanes
               of
               money
               .
               The
               like
               will
               fall
               upon
               the
               Labourers
               and
               workmen
               in
               their
               S●●tute-wages
               :
               and
               as
               their
               receipts
               are
               lessened
               hereby
               ;
               so
               are
               their
               Issiues
               increased
               ,
               either
               by
               improving
               all
               prices
               .
               or
               
               disfurnishing
               the
               Market
               ,
               which
               must
               necessarily
               follow
               .
               For
               if
               in
               5.
               
               Edwardi
               6.
               3.
               
               Mariae
               ,
               and
               4.
               
               Elizabethae
               ,
               it
               appeareth
               by
               the
               Proclamations
               ,
               that
               a
               rumor
               only
               of
               an
               alteration
               caused
               these
               Effects
               ,
               punishing
               the
               Author
               of
               such
               reports
               with
               imprisonment
               and
               pillory
               ;
               it
               cannot
               be
               doubted
               but
               the
               projecting
               a
               change
               must
               be
               of
               far
               more
               consequence
               and
               danger
               to
               the
               State
               ,
               and
               would
               be
               wished
               that
               the
               Actors
               and
               Authors
               of
               such
               disturbances
               in
               the
               Common-Wealth
               ,
               at
               all
               times
               hereafter
               might
               undergo
               a
               punishment
               proportionable
               .
            
             
               It
               cannot
               beheld
               (
               I
               presume
               )
               an
               advice
               of
               best
               judgment
               that
               layeth
               the
               loss
               upon
               our selves
               ,
               and
               the
               gain
               upon
               our
               enemies
               :
               for
               who
               is
               like
               to
               be
               in
               this
               the
               greater
               Thriver
               ?
               Is
               it
               not
               usual
               ,
               that
               the
               Stranger
               that
               transporteth
               over
               monies
               for
               Bullion
               ,
               our
               own
               Gold-Smiths
               that
               are
               their
               Brokers
               ,
               and
               the
               Forreign
               Hedgeminters
               of
               the
               Netherlands
               (
               which
               terms
               them
               well
               )
               have
               a
               resh
               and
               full
               Trade
               by
               this
               abatement
               ?
               And
               we
               cannot
               do
               the
               Spanish
               King
               (
               our
               greatest
               enemie
               )
               so
               great
               a
               favour
               as
               by
               this
               ,
               who
               being
               the
               Lord
               of
               this
               Commodity
               by
               his
               
                 W●st
                 -
                 Indies
              
               ,
               we
               shall
               so
               advance
               them
               to
               our
               impoverishing
               ;
               for
               it
               is
               not
               in
               the
               power
               of
               any
               State
               to
               raise
               the
               price
               of
               their
               own
               ,
               but
               the
               value
               that
               their
               Neighbour
               Princes
               acceptance
               sets
               upon
               them
               .
            
             
               Experience
               hath
               taught
               us
               ,
               that
               the
               
               enfeebling
               of
               coyn
               is
               but
               a
               shift
               for
               a
               while
               ,
               as
               drink
               to
               one
               in
               a
               dropsy
               ,
               to
               make
               him
               swell
               the
               more
               :
               But
               the
               State
               was
               never
               throughly
               cured
               ,
               as
               we
               saw
               by
               Henry
               the
               eighths
               time
               and
               the
               late
               Queens
               ,
               untill
               the
               coyn
               was
               made
               up
               again
               .
            
             
               I
               cannot
               but
               then
               conclude
               (
               my
               honourable
               Lords
               )
               that
               if
               the
               proportion
               of
               Gold
               and
               Silver
               to
               each
               other
               be
               wrought
               to
               that
               parity
               ,
               by
               the
               advice
               of
               Artists
               ,
               that
               neither
               may
               be
               too
               rich
               for
               the
               other
               ,
               that
               the
               mintage
               may
               be
               reduced
               to
               some
               proportion
               of
               Neighbour
               parts
               ,
               and
               that
               the
               Issue
               of
               our
               Native
               Commodities
               may
               be
               brought
               to
               overburthen
               the
               entrance
               of
               the
               Forreign
               ,
               we
               need
               not
               seek
               any
               way
               of
               shift
               ,
               but
               shall
               again
               see
               our
               Trade
               to
               flourish
               ,
               the
               Mint
               (
               as
               the
               pulse
               of
               the
               Common-Wealth
               )
               again
               to
               beat
               ,
               and
               our
               Materials
               ,
               by
               Industry
               ,
               to
               be
               a
               mine
               of
               Gold
               and
               Silver
               to
               us
               ,
               and
               the
               Honour
               ,
               Justice
               and
               Profit
               of
               his
               Majestie
               (
               which
               we
               all
               wish
               and
               work
               for
               )
               supported
               .
            
             
               
               
                 The
                 Answer
                 of
                 the
                 Committees
                 appointed
                 by
                 your
                 Lordships
                 to
                 the
                 Proportion
                 delivesed
                 by
                 some
                 Officers
                 of
                 the
                 Mint
                 ,
                 for
                 inhauncing
                 his
                 Majestie
                 's
                 monies
                 of
                 Gold
                 and
                 Silver
                 .
                 
                   2.
                   
                   September
                   1626.
                   
                
              
               
                 The
                 first
                 part
                 .
                 The
                 Preamble
                 .
              
               
                 VVE
                 conceive
                 that
                 the
                 Officers
                 of
                 the
                 Mint
                 are
                 bound
                 by
                 Oath
                 to
                 discharge
                 their
                 several
                 duties
                 in
                 their
                 several
                 places
                 respectively
                 .
                 But
                 we
                 cannot
                 conceive
                 how
                 they
                 should
                 stand
                 tyed
                 by
                 oath
                 to
                 account
                 to
                 his
                 Majesty
                 and
                 your
                 Honors
                 of
                 the
                 Intrinsick
                 value
                 of
                 all
                 Forreign
                 coyns
                 ,
                 and
                 how
                 they
                 agree
                 with
                 the
                 Standard
                 of
                 the
                 State
                 (
                 before
                 they
                 come
                 to
                 the
                 Mint
                 )
                 for
                 it
                 is
                 impossible
                 and
                 needless
                 :
                 In
                 the
                 one
                 ,
                 for
                 that
                 all
                 Forreign
                 States
                 do
                 ,
                 for
                 the
                 most
                 part
                 ,
                 differ
                 from
                 us
                 and
                 our
                 money
                 infinitely
                 amongst
                 themselves
                 :
                 In
                 the
                 other
                 ;
                 it
                 being
                 the
                 proper
                 care
                 of
                 the
                 Merchants
                 ,
                 who
                 are
                 presumed
                 not
                 to
                 purchase
                 that
                 at
                 a
                 dearer
                 rate
                 then
                 they
                 may
                 be
                 allowed
                 for
                 the
                 same
                 in
                 fine
                 Gold
                 and
                 
                 Silver
                 in
                 the
                 coyn
                 of
                 England
                 ,
                 within
                 the
                 charge
                 of
                 coynage
                 .
                 And
                 therefore
                 needless
                 .
              
               
                 To
                 induce
                 the
                 necessity
                 of
                 the
                 Proposition
                 ,
                 they
                 produce
                 two
                 instances
                 or
                 examples
                 ;
                 The
                 one
                 from
                 the
                 
                   Rex
                   Doller
                
                 ,
                 and
                 the
                 other
                 from
                 the
                 
                   Royal
                   of
                   Eight
                
                 ;
                 wherein
                 they
                 have
                 untruely
                 informed
                 your
                 Honours
                 of
                 the
                 price
                 and
                 value
                 in
                 our
                 monies
                 ,
                 and
                 our
                 Trade
                 of
                 both
                 of
                 them
                 .
                 For
                 whereas
                 they
                 say
                 ,
                 that
                 the
                 
                   Rex
                   Doller
                
                 weigheth
                 18.
                 penny
                 weight
                 and
                 12.
                 grains
                 ,
                 and
                 to
                 be
                 of
                 the
                 finest
                 at
                 the
                 pound
                 weight
                 ,
                 10.
                 ounces
                 ,
                 10
                 pence
                 weight
                 ,
                 doth
                 produce
                 in
                 exchange
                 5.
                 s.
                 2.
                 d.
                 farthing
                 of
                 sterling
                 monies
                 .
                 We
                 do
                 affirm
                 that
                 the
                 same
                 Dollar
                 is
                 18.
                 d.
                 weight
                 18.
                 grains
                 ,
                 and
                 in
                 fineness
                 10.
                 ounces
                 12.
                 d
                 ,
                 weight
                 ,
                 equal
                 to
                 4.
                 s.
                 5
                 .
                 d.ob
                 .
                 of
                 sterling
                 monies
                 ,
                 and
                 is
                 at
                 this
                 time
                 in
                 London
                 at
                 no
                 higher
                 price
                 ,
                 which
                 is
                 short
                 thereof
                 by
                 13.
                 grains
                 and
                 a
                 half
                 fine
                 Silver
                 upon
                 every
                 Dollar
                 ,
                 being
                 2.
                 d.
                 sterling
                 or
                 thereabout
                 ,
                 being
                 the
                 charge
                 of
                 coynage
                 ,
                 with
                 a
                 small
                 recompence
                 to
                 the
                 Gold●
                 Smith
                 or
                 Exchanger
                 ,
                 to
                 the
                 profit
                 of
                 England
                 3.
                 s.
                 6.
                 d.
                 
                   per
                   Centum
                
                 .
              
               
                 Whereas
                 they
                 do
                 in
                 their
                 circumstance
                 averr
                 unto
                 your
                 Honours
                 ,
                 that
                 this
                 Dollar
                 runs
                 in
                 account
                 of
                 Trade
                 amongst
                 the
                 Merchants
                 as
                 5.
                 s.
                 2.
                 d.
                 ob
                 .
                 English
                 money
                 :
                 It
                 is
                 most
                 false
                 .
                 For
                 the
                 Merchants
                 and
                 best
                 experienced
                 men
                 protest
                 the
                 contrary
                 ,
                 and
                 that
                 it
                 pas●eth
                 in
                 exchange
                 according
                 to
                 the
                 Int●insick
                 value
                 onely
                 4
                 s.
                 5.
                 d.
                 ob
                 .
                 
                 of
                 the
                 sterling
                 money
                 ,
                 or
                 neer
                 thereabouts
                 ,
                 and
                 not
                 otherwise
                 .
              
               
                 The
                 second
                 instance
                 is
                 in
                 the
                 
                   Royall
                   of
                   Eight
                
                 ;
                 affirming
                 that
                 it
                 weigheth
                 17.
                 penny
                 weight
                 ,
                 12.
                 grains
                 ;
                 and
                 being
                 but
                 of
                 the
                 fineness
                 of
                 11.
                 ounces
                 at
                 the
                 pound
                 weight
                 ,
                 doth
                 pass
                 in
                 Exchange
                 at
                 5
                 s.
                 of
                 our
                 sterling
                 moneys
                 ,
                 whereby
                 we
                 lose
                 6
                 .
                 s
                 .
                 7
                 d.
                 in
                 every
                 pound
                 weight
                 .
                 But
                 having
                 examined
                 it
                 by
                 the
                 best
                 Artists
                 ,
                 we
                 find
                 it
                 to
                 be
                 11.
                 ounces
                 ,
                 2.
                 d.
                 weight
                 fine
                 ,
                 and
                 in
                 weight
                 17.
                 penny
                 weight
                 ,
                 12.
                 grains
                 ;
                 which
                 doth
                 equal
                 4.
                 s.
                 4.
                 d.
                 ob
                 .
                 of
                 our
                 sterling
                 monies
                 ,
                 and
                 passeth
                 in
                 London
                 at
                 that
                 rate
                 ,
                 and
                 not
                 otherwise
                 ,
                 though
                 holding
                 more
                 fine
                 Silver
                 by
                 12.
                 grains
                 and
                 a
                 half
                 in
                 every
                 
                   Royall
                   of
                   Eight
                
                 ,
                 which
                 is
                 the
                 charge
                 of
                 coynage
                 ,
                 and
                 a
                 small
                 overplus
                 for
                 the
                 Gold-Smiths
                 gain
                 .
                 And
                 whereas
                 they
                 say
                 ,
                 that
                 the
                 said
                 
                   Royall
                   of
                   Eight
                
                 runs
                 in
                 account
                 of
                 Trade
                 at
                 5
                 s.
                 of
                 his
                 Majestie
                 's
                 now
                 English
                 money
                 ;
                 the
                 Merchants
                 do
                 all
                 affirm
                 the
                 contrary
                 ,
                 and
                 that
                 it
                 passeth
                 only
                 at
                 4
                 s.
                 4.
                 ob
                 .
                 of
                 the
                 sterling
                 monies
                 ,
                 and
                 no
                 higher
                 ordinarily
                 .
              
               
                 And
                 it
                 must
                 be
                 strange
                 (
                 my
                 honourable
                 Lords
                 )
                 to
                 believe
                 that
                 our
                 Neighbours
                 the
                 Netherlanders
                 ,
                 would
                 give
                 for
                 a
                 pound
                 tale
                 of
                 our
                 sterling
                 Silver
                 ,
                 by
                 what
                 name
                 soever
                 it
                 passeth
                 ,
                 a
                 greater
                 quantity
                 of
                 their
                 monies
                 in
                 the
                 like
                 intrinsick
                 value
                 by
                 Exchange
                 ;
                 Or
                 that
                 our
                 Merchants
                 would
                 ,
                 knowing
                 ,
                 give
                 a
                 greater
                 for
                 a
                 less
                 to
                 them
                 ,
                 
                 except
                 by
                 way
                 of
                 usance
                 .
                 But
                 the
                 deceipt
                 is
                 herein
                 only
                 ,
                 that
                 they
                 continually
                 varying
                 their
                 coyn
                 ,
                 and
                 crying
                 it
                 up
                 at
                 pleasure
                 ,
                 may
                 deceive
                 us
                 for
                 a
                 time
                 ,
                 in
                 too
                 high
                 a
                 Reputation
                 of
                 pure
                 Silver
                 in
                 it
                 ,
                 upon
                 trust
                 ,
                 then
                 there
                 is
                 ,
                 untill
                 a
                 trial
                 ;
                 and
                 this
                 ,
                 by
                 no
                 Alteration
                 of
                 our
                 coyn
                 ,
                 unless
                 we
                 should
                 daily
                 ,
                 as
                 they
                 make
                 his
                 Majestie
                 's
                 Standard
                 uncertain
                 ,
                 can
                 be
                 prevented
                 ,
                 which
                 being
                 the
                 measure
                 of
                 Lands
                 ,
                 Rents
                 and
                 Commerce
                 amongst
                 our selves
                 at
                 home
                 ,
                 would
                 render
                 all
                 uncertain
                 ,
                 and
                 so
                 of
                 necessity
                 destroy
                 the
                 use
                 of
                 money
                 ;
                 and
                 turn
                 all
                 to
                 permutation
                 of
                 such
                 things
                 as
                 were
                 not
                 subject
                 to
                 will
                 or
                 change
                 .
              
               
                 And
                 as
                 they
                 have
                 mistaken
                 the
                 ground
                 of
                 their
                 Proposition
                 ;
                 so
                 have
                 they
                 ,
                 upon
                 a
                 specious
                 shew
                 of
                 some
                 momentary
                 and
                 small
                 benefit
                 to
                 his
                 Majesty
                 ,
                 reared
                 up
                 a
                 vast
                 and
                 constant
                 loss
                 unto
                 his
                 Highness
                 by
                 this
                 design
                 ,
                 if
                 once
                 effected
                 .
                 For
                 ,
                 as
                 his
                 Majesty
                 hath
                 the
                 1argest
                 portion
                 of
                 any
                 both
                 in
                 the
                 entrances
                 and
                 issues
                 ;
                 so
                 should
                 he
                 by
                 so
                 enfeebling
                 of
                 his
                 coyn
                 ,
                 become
                 the
                 greatest
                 loser
                 .
              
               
                 There
                 needs
                 no
                 other
                 instance
                 then
                 those
                 degrees
                 of
                 diminution
                 from
                 the
                 18.
                 of
                 Edwards
                 ,
                 3.
                 
                 to
                 this
                 day
                 ;
                 at
                 which
                 time
                 the
                 Revenue
                 of
                 the
                 Crown
                 was
                 paid
                 after
                 five
                 Groats
                 the
                 ounce
                 (
                 which
                 is
                 now
                 five
                 shillings
                 )
                 which
                 hath
                 lost
                 his
                 Majesty
                 two
                 thirds
                 of
                 all
                 his
                 Revenue
                 ;
                 and
                 no
                 less
                 hath
                 all
                 the
                 Nobility
                 ,
                 Gentry
                 ,
                 and
                 other
                 
                 his
                 Majestie
                 's
                 landed
                 Subjects
                 in
                 proportion
                 suffered
                 .
                 But
                 since
                 ,
                 to
                 our
                 great
                 comfort
                 ;
                 we
                 heard
                 your
                 Honours
                 the
                 last
                 day
                 to
                 lay
                 a
                 worthy
                 blame
                 upon
                 the
                 Mint-Masters
                 ,
                 for
                 that
                 intended
                 diminution
                 of
                 the
                 Gold-coyn
                 done
                 by
                 them
                 without
                 full
                 warrant
                 ;
                 by
                 which
                 we
                 rest
                 discharged
                 of
                 that
                 fear
                 :
                 We
                 will
                 (
                 according
                 to
                 our
                 duties
                 and
                 your
                 Honours
                 command
                 )
                 deliver
                 humbly
                 our
                 opinion
                 concerning
                 the
                 reduction
                 of
                 the
                 Silver
                 money
                 now
                 currant
                 to
                 be
                 proportionably
                 equivalent
                 to
                 the
                 Gold.
                 
              
               
                 The
                 English
                 sterling
                 Standard
                 ,
                 which
                 was
                 no
                 little
                 honour
                 to
                 Edward
                 the
                 first
                 ,
                 that
                 setled
                 it
                 from
                 an
                 inconstant
                 motion
                 ,
                 and
                 laid
                 it
                 a
                 ground
                 that
                 all
                 the
                 States
                 of
                 Europe
                 after
                 complyed
                 to
                 bring
                 in
                 their
                 account
                 ,
                 which
                 was
                 of
                 Silver
                 an
                 11
                 to
                 one
                 of
                 Gold
                 ,
                 the
                 Kings
                 of
                 England
                 for
                 the
                 most
                 part
                 since
                 have
                 constantly
                 continued
                 the
                 same
                 proportion
                 :
                 and
                 Spain
                 ,
                 since
                 Ferdinand
                 ,
                 who
                 took
                 from
                 hence
                 his
                 Pattern
                 ,
                 have
                 held
                 and
                 hold
                 unchangeably
                 the
                 same
                 unto
                 this
                 day
                 :
                 but
                 since
                 with
                 us
                 ,
                 a
                 late
                 improvement
                 of
                 Gold
                 hath
                 broke
                 that
                 Rule
                 ,
                 and
                 cast
                 a
                 difference
                 in
                 our
                 Silver
                 of
                 six
                 shillings
                 in
                 the
                 pound
                 weight
                 ;
                 we
                 cannot
                 but
                 in
                 all
                 humility
                 present
                 our
                 fear
                 ,
                 that
                 the
                 framing
                 ,
                 at
                 this
                 time
                 of
                 an
                 equality
                 ,
                 except
                 it
                 were
                 by
                 reducing
                 the
                 Gold
                 to
                 the
                 Silver
                 ,
                 is
                 not
                 so
                 safe
                 and
                 profitable
                 as
                 is
                 proposed
                 by
                 those
                 of
                 the
                 Mint
                 .
              
               
                 For
                 whereas
                 they
                 pretend
                 this
                 ,
                 Our
                 
                 richness
                 of
                 our
                 Silver
                 will
                 carry
                 out
                 what
                 now
                 remaineth
                 :
                 We
                 conceive
                 (
                 under
                 favour
                 )
                 it
                 will
                 have
                 no
                 such
                 effect
                 ,
                 but
                 clean
                 contrary
                 .
                 For
                 all
                 the
                 currant
                 Silver
                 now
                 abroad
                 hath
                 been
                 so
                 culled
                 by
                 some
                 Gold-Smiths
                 ,
                 the
                 same
                 either
                 turned
                 into
                 Bullion
                 ,
                 and
                 so
                 transported
                 ,
                 that
                 that
                 which
                 now
                 remaineth
                 will
                 hardly
                 produce
                 65.
                 s.
                 in
                 the
                 pound
                 weight
                 one
                 with
                 another
                 ;
                 and
                 so
                 not
                 likely
                 ,
                 for
                 so
                 little
                 profit
                 as
                 now
                 it
                 goeth
                 ,
                 to
                 be
                 transported
                 .
                 But
                 if
                 the
                 pound
                 sterling
                 should
                 be
                 as
                 they
                 desire
                 ,
                 cut
                 into
                 70.
                 s.
                 6
                 d.
                 it
                 must
                 of
                 necessity
                 follow
                 ,
                 that
                 the
                 new
                 money
                 will
                 convert
                 the
                 old
                 money
                 (
                 now
                 currant
                 )
                 into
                 Bullion
                 ;
                 and
                 so
                 afford
                 a
                 Trade
                 afresh
                 for
                 some
                 ill
                 Patriot
                 Gold-Smiths
                 ,
                 and
                 others
                 ,
                 who
                 formerly
                 have
                 more
                 endamaged
                 the
                 State
                 by
                 culling
                 ,
                 then
                 any
                 others
                 by
                 clipping
                 ;
                 the
                 one
                 but
                 trading
                 in
                 pounds
                 ,
                 the
                 other
                 in
                 thousands
                 ;
                 and
                 therefore
                 worthy
                 of
                 a
                 greater
                 punishment
                 .
                 And
                 we
                 cannnot
                 but
                 have
                 just
                 cause
                 (
                 my
                 Lords
                 )
                 to
                 fear
                 that
                 these
                 bad
                 members
                 have
                 been
                 no
                 idle
                 instruments
                 ,
                 for
                 their
                 private
                 benefit
                 ,
                 to
                 the
                 publick
                 detriment
                 ,
                 of
                 this
                 new
                 project
                 ,
                 so
                 much
                 tending
                 to
                 enfeebling
                 the
                 sterling
                 Standard
                 :
              
               
                 We
                 further
                 (
                 under
                 your
                 Lord
                 ships
                 favours
                 )
                 conceive
                 ,
                 that
                 the
                 raising
                 of
                 the
                 Silver
                 to
                 the
                 Gold
                 ,
                 will
                 upon
                 some
                 suddain
                 occasion
                 beyond
                 Sea
                 ,
                 transport
                 our
                 Gold
                 ,
                 and
                 leave
                 the
                 State
                 in
                 scarcity
                 of
                 that
                 ,
                 as
                 now
                 of
                 Silver
                 .
              
               
               
                 And
                 to
                 that
                 Objection
                 of
                 the
                 Proposers
                 ,
                 That
                 there
                 is
                 no
                 Silver
                 brought
                 of
                 late
                 into
                 the
                 mint
                 ;
                 The
                 causes
                 we
                 conceive
                 to
                 be
                 (
                 besides
                 the
                 unusual
                 quantities
                 of
                 late
                 brought
                 into
                 the
                 mint
                 in
                 Gold
                 )
                 one
                 the
                 overballasing
                 of
                 late
                 of
                 Trade
                 ;
                 the
                 other
                 ,
                 the
                 charge
                 of
                 coynage
                 .
                 For
                 the
                 first
                 ,
                 it
                 cannot
                 ,
                 be
                 but
                 the
                 late
                 infection
                 of
                 this
                 City
                 was
                 a
                 let
                 of
                 exportation
                 of
                 our
                 best
                 commodity
                 ,
                 Cloth
                 ,
                 made
                 by
                 that
                 suspected
                 in
                 every
                 place
                 .
                 To
                 this
                 may
                 be
                 added
                 the
                 vast
                 sums
                 of
                 money
                 which
                 the
                 necessary
                 occasion
                 of
                 war
                 called
                 from
                 his
                 Majesty
                 to
                 the
                 parts
                 beyond
                 the
                 Seas
                 ,
                 when
                 we
                 had
                 least
                 of
                 Commodities
                 to
                 make
                 even
                 the
                 ballance
                 there
                 .
                 And
                 lastly
                 ,
                 dearth
                 and
                 scarcity
                 of
                 corn
                 ,
                 which
                 in
                 time
                 of
                 plenty
                 we
                 ever
                 found
                 the
                 best
                 exchange
                 to
                 bring
                 in
                 silver
                 .
                 And
                 therefore
                 ,
                 since
                 by
                 Gods
                 great
                 Favour
                 the
                 Plague
                 is
                 ended
                 ,
                 and
                 general
                 Trade
                 thereby
                 restored
                 ,
                 and
                 more
                 of
                 Plenty
                 this
                 year
                 ,
                 then
                 hath
                 been
                 formerly
                 these
                 many
                 years
                 ,
                 of
                 corn
                 ,
                 we
                 doubt
                 not
                 but
                 if
                 the
                 Ports
                 of
                 Spain
                 were
                 now
                 as
                 free
                 as
                 they
                 were
                 of
                 late
                 ,
                 there
                 would
                 not
                 prove
                 hereafter
                 any
                 cause
                 to
                 complain
                 of
                 the
                 want
                 of
                 Bullion
                 in
                 the
                 State.
                 
              
               
                 The
                 second
                 cause
                 ,
                 that
                 the
                 mint
                 remains
                 unfurnished
                 ;
                 will
                 be
                 the
                 charge
                 of
                 coynage
                 ,
                 raised
                 in
                 price
                 so
                 far
                 above
                 all
                 other
                 places
                 ,
                 constraining
                 each
                 man
                 to
                 carry
                 his
                 Bullion
                 where
                 he
                 may
                 receive
                 by
                 coynage
                 the
                 less
                 of
                 loss
                 .
                 And
                 therefore
                 if
                 it
                 may
                 please
                 his
                 Majesty
                 to
                 reduce
                 the
                 
                 prices
                 here
                 to
                 the
                 Rates
                 of
                 other
                 of
                 our
                 Neighbour
                 Countreys
                 ,
                 there
                 will
                 be
                 no
                 doubt
                 but
                 the
                 Mint
                 will
                 beat
                 as
                 heretofore
                 .
              
            
             
               
                 Questions
                 to
                 be
                 proposed
                 to
                 the
                 Merchants
                 ,
                 Mint-Masters
                 ,
                 and
                 Gold-Smiths
                 ,
                 Concerning
                 the
                 Alteration
                 of
                 the
                 Silver
                 Monies
                 .
              
               
                 1.
                 
                 VVHether
                 the
                 Englist
                 monies
                 now
                 currant
                 are
                 not
                 as
                 dear
                 as
                 the
                 Forreign
                 of
                 the
                 Dollar
                 and
                 Reall
                 of
                 8.
                 in
                 the
                 intrinsick
                 value
                 in
                 the
                 usual
                 exchanges
                 now
                 made
                 by
                 the
                 merchants
                 beyond-Seas
                 ?
              
               
                 2.
                 
                 Whether
                 this
                 advancing
                 will
                 not
                 cause
                 all
                 the
                 Silver-Bullion
                 ,
                 that
                 might
                 be
                 transported
                 in
                 mass
                 or
                 Forreign
                 coyn
                 ,
                 to
                 be
                 minted
                 with
                 the
                 King's
                 stamp
                 beyond-sea
                 ,
                 and
                 so
                 transported
                 ,
                 and
                 his
                 Mint
                 thereby
                 set
                 less
                 on
                 work
                 then
                 now
                 ?
              
               
                 3.
                 
                 Whether
                 the
                 advancing
                 the
                 Silver-coyn
                 in
                 England
                 will
                 not
                 cause
                 a
                 transportation
                 of
                 most
                 of
                 that
                 that
                 is
                 now
                 currant
                 to
                 be
                 minted
                 in
                 the
                 Netherlands
                 ,
                 and
                 from
                 them
                 brought
                 back
                 again
                 ,
                 whereby
                 his
                 Majestie
                 's
                 Mint
                 will
                 fail
                 by
                 the
                 exported
                 benefit
                 ?
              
               
                 4.
                 
                 Whether
                 the
                 advancing
                 the
                 Silver
                 coyn
                 ,
                 if
                 it
                 produce
                 the
                 former
                 effects
                 ,
                 will
                 not
                 cause
                 the
                 Markets
                 to
                 be
                 unfurnished
                 
                 of
                 present
                 coyn
                 to
                 drive
                 the
                 exchange
                 ,
                 when
                 most
                 of
                 the
                 old
                 will
                 be
                 used
                 in
                 Bullion
                 .
              
               
                 5.
                 
                 Whether
                 the
                 higher
                 we
                 raise
                 the
                 Coyn
                 at
                 home
                 ,
                 we
                 make
                 not
                 thereby
                 our
                 Commodities
                 beyond-sea
                 the
                 cheaper
                 ?
              
               
                 6.
                 
                 Whether
                 the
                 greatest
                 profit
                 by
                 this
                 enhauncing
                 ,
                 will
                 not
                 grow
                 to
                 the
                 ill
                 members
                 of
                 the
                 State
                 ,
                 that
                 have
                 formerly
                 culled
                 the
                 weightiest
                 peeces
                 ,
                 and
                 sold
                 them
                 to
                 the
                 stranger-Merchants
                 to
                 be
                 transported
                 ?
              
            
             
               
                 Certain
                 General
                 Rules
                 collected
                 concerning
                 Money
                 and
                 Bullion
                 ,
                 out
                 of
                 the
                 late
                 Consultation
                 at
                 Court.
                 
              
               
                 GOld
                 and
                 Silver
                 have
                 a
                 twofold
                 estimation
                 :
                 in
                 the
                 Extrinsick
                 ,
                 as
                 they
                 are
                 monies
                 ,
                 they
                 are
                 the
                 Princes
                 measures
                 given
                 to
                 his
                 people
                 ,
                 and
                 this
                 is
                 a
                 Prerogative
                 of
                 Kings
                 :
                 In
                 the
                 Intrinsick
                 they
                 are
                 Commodities
                 ,
                 valuing
                 each
                 other
                 according
                 to
                 the
                 Plenty
                 or
                 scarcity
                 ;
                 and
                 so
                 all
                 other
                 Commodities
                 by
                 them
                 ;
                 And
                 that
                 is
                 the
                 sole
                 power
                 of
                 Trade
                 .
              
               
                 The
                 measures
                 in
                 a
                 Kingdom
                 ought
                 to
                 be
                 constant
                 :
                 It
                 is
                 the
                 Justice
                 and
                 Honour
                 of
                 the
                 King
                 :
                 for
                 if
                 they
                 be
                 altered
                 ,
                 all
                 men
                 at
                 that
                 instant
                 are
                 deceived
                 in
                 their
                 precedent
                 contracts
                 ,
                 either
                 for
                 Lands
                 or
                 money
                 ,
                 and
                 the
                 King
                 most
                 of
                 all
                 :
                 for
                 no
                 
                 man
                 knoweth
                 then
                 ,
                 either
                 what
                 he
                 hath
                 or
                 what
                 he
                 oweth
                 .
              
               
                 This
                 made
                 the
                 Lord
                 Treasurer
                 Burleigh
                 in
                 73.
                 
                 when
                 some
                 Projectors
                 had
                 set
                 on
                 foot
                 a
                 matter
                 of
                 this
                 nature
                 ,
                 to
                 tell
                 them
                 ,
                 that
                 they
                 were
                 worthy
                 to
                 suffer
                 death
                 for
                 attempting
                 to
                 put
                 so
                 great
                 a
                 dishonour
                 on
                 the
                 Queen
                 ,
                 and
                 detriment
                 and
                 discontent
                 upon
                 the
                 People
                 .
                 For
                 ,
                 to
                 alter
                 this
                 publick
                 measure
                 ,
                 is
                 to
                 leave
                 all
                 the
                 Markets
                 of
                 the
                 Kingdome
                 unfurnished
                 ;
                 and
                 what
                 will
                 be
                 the
                 mischief
                 ,
                 the
                 Proclamations
                 of
                 5.
                 
                 
                   Edwardi
                   6.
                   3.
                   
                   Mariae
                
                 and
                 4.
                 
                 Elizabethae
                 ,
                 will
                 manifest
                 ;
                 
                 when
                 but
                 a
                 Rumor
                 of
                 the
                 like
                 produced
                 that
                 effect
                 so
                 far
                 ,
                 that
                 besides
                 the
                 faith
                 of
                 the
                 Princes
                 to
                 the
                 contrary
                 delivered
                 in
                 their
                 Edicts
                 ,
                 they
                 were
                 inforced
                 to
                 cause
                 the
                 Magistrates
                 in
                 every
                 Shire
                 respectively
                 to
                 constrain
                 the
                 people
                 to
                 furnish
                 the
                 Markets
                 to
                 prevent
                 a
                 mutiny
                 .
              
               
                 To
                 make
                 this
                 measure
                 then
                 ,
                 at
                 this
                 time
                 short
                 ,
                 is
                 to
                 raise
                 all
                 prizes
                 ,
                 or
                 to
                 turn
                 the
                 money
                 or
                 measure
                 now
                 currant
                 into
                 disise
                 or
                 Bullion
                 :
                 for
                 who
                 will
                 depart
                 with
                 any
                 ,
                 when
                 it
                 is
                 richer
                 by
                 seven
                 in
                 the
                 hundred
                 in
                 the
                 Mass
                 ,
                 then
                 the
                 new
                 monies
                 ;
                 and
                 yet
                 of
                 no
                 more
                 value
                 in
                 the
                 Market
                 ?
              
               
                 Hence
                 of
                 necessity
                 ,
                 it
                 must
                 follow
                 ,
                 that
                 there
                 will
                 not
                 in
                 a
                 long
                 time
                 be
                 sufficient
                 minted
                 of
                 the
                 new
                 to
                 drive
                 the
                 exchange
                 of
                 the
                 Kingdome
                 ,
                 and
                 so
                 all
                 Trade
                 at
                 one
                 instant
                 at
                 a
                 stand
                 ;
                 and
                 in
                 the
                 mean
                 time
                 
                 the
                 Markers
                 unfurnished
                 :
                 Which
                 how
                 it
                 may
                 concern
                 the
                 quiet
                 of
                 the
                 State
                 ,
                 is
                 worthy
                 care
                 .
              
               
                 And
                 thus
                 far
                 as
                 money
                 is
                 a
                 measure
                 .
              
               
                 Now
                 ,
                 as
                 it
                 is
                 a
                 Commodity
                 ,
                 it
                 is
                 respected
                 and
                 valued
                 by
                 the
                 intrinsick
                 quality
                 .
                 And
                 first
                 the
                 one
                 metall
                 to
                 the
                 other
                 .
              
               
                 All
                 commodities
                 are
                 prized
                 by
                 Plenty
                 or
                 scarsity
                 ,
                 by
                 dearness
                 or
                 cheapness
                 ,
                 the
                 one
                 by
                 the
                 other
                 :
                 If
                 then
                 we
                 desire
                 our
                 Silver
                 to
                 buy
                 Gold
                 ,
                 as
                 it
                 late
                 hath
                 done
                 ,
                 we
                 must
                 let
                 it
                 be
                 the
                 cheaper
                 ,
                 and
                 less
                 in
                 proportion
                 valued
                 ;
                 and
                 so
                 contrary
                 :
                 for
                 one
                 equivalent
                 proportion
                 in
                 both
                 will
                 bring
                 in
                 neither
                 .
                 We
                 see
                 the
                 proof
                 thereof
                 by
                 the
                 unusual
                 quantity
                 of
                 Gold
                 brought
                 lately
                 to
                 the
                 Mint
                 by
                 reason
                 of
                 the
                 price
                 ;
                 for
                 we
                 rate
                 it
                 above
                 all
                 other
                 Countries
                 ,
                 and
                 Gold
                 may
                 be
                 bought
                 too
                 dear
                 .
                 To
                 furnish
                 then
                 this
                 way
                 the
                 mint
                 with
                 both
                 ,
                 is
                 altogether
                 impossible
                 .
              
               
                 And
                 at
                 this
                 time
                 it
                 was
                 apparently
                 proved
                 ,
                 both
                 by
                 the
                 
                   best
                   Artists
                
                 and
                 Merchants
                 most
                 acquainted
                 with
                 the
                 Exchange
                 ,
                 in
                 both
                 the
                 examples
                 of
                 the
                 Mint-masters
                 ,
                 in
                 the
                 
                   Rex
                   Dollar
                
                 and
                 
                   Reall
                   of
                   Eight
                
                 ,
                 That
                 Silver
                 here
                 is
                 of
                 equal
                 value
                 ,
                 and
                 Gold
                 above
                 ,
                 with
                 the
                 forreign
                 parts
                 in
                 the
                 intrinsick
                 ;
                 and
                 that
                 the
                 fallacy
                 presented
                 to
                 the
                 Lords
                 by
                 the
                 Mint-Masters
                 ,
                 is
                 only
                 in
                 the
                 nomination
                 or
                 extrinsick
                 quality
                 .
              
               
                 But
                 if
                 we
                 desire
                 both
                 ,
                 it
                 is
                 not
                 raising
                 of
                 the
                 value
                 that
                 doth
                 it
                 ;
                 but
                 the
                 ballasing
                 of
                 Trade
                 :
                 for
                 buy
                 we
                 in
                 more
                 then
                 we
                 
                 sell
                 of
                 other
                 Commodities
                 ,
                 be
                 the
                 money
                 never
                 so
                 high
                 prized
                 ,
                 we
                 must
                 part
                 with
                 it
                 to
                 make
                 the
                 disproportion
                 even
                 :
                 If
                 we
                 sell
                 more
                 then
                 we
                 buy
                 ,
                 the
                 contrary
                 will
                 follow
                 :
              
               
                 And
                 this
                 is
                 plain
                 in
                 Spain's
                 necessities
                 :
                 For
                 should
                 that
                 King
                 advance
                 to
                 a
                 double
                 rate
                 his
                 
                   Reall
                   of
                   8.
                
                 yet
                 needing
                 ,
                 by
                 reason
                 of
                 the
                 barrenness
                 of
                 his
                 Countrey
                 ,
                 more
                 of
                 Forreign
                 Wares
                 then
                 he
                 can
                 countervail
                 by
                 Exchange
                 with
                 his
                 own
                 ,
                 he
                 must
                 part
                 with
                 his
                 money
                 ,
                 and
                 gaineth
                 no
                 more
                 by
                 enhauncing
                 his
                 Coyn
                 ,
                 but
                 that
                 he
                 payeth
                 a
                 higher
                 price
                 for
                 the
                 Commodities
                 he
                 buyeth
                 ;
                 if
                 his
                 work
                 of
                 raising
                 be
                 his
                 own
                 .
                 But
                 if
                 we
                 shall
                 make
                 improvement
                 of
                 Gold
                 and
                 Silver
                 ,
                 being
                 the
                 staple
                 Commodity
                 of
                 his
                 State
                 ;
                 we
                 then
                 advancing
                 the
                 price
                 of
                 his
                 ,
                 abase
                 to
                 him
                 our
                 own
                 Commodities
                 .
              
               
                 To
                 shape
                 this
                 Kingdom
                 to
                 the
                 fashion
                 of
                 the
                 Netherlanders
                 ,
                 were
                 to
                 frame
                 a
                 Royal
                 Monarch
                 by
                 a
                 Society
                 of
                 Merchants
                 .
                 Their
                 Countrey
                 is
                 a
                 continual
                 Fair
                 ,
                 and
                 so
                 the
                 price
                 of
                 Money
                 must
                 rise
                 and
                 fall
                 to
                 fit
                 their
                 occasions
                 .
                 We
                 see
                 this
                 by
                 raising
                 the
                 Exchange
                 at
                 Franckford
                 and
                 other
                 places
                 at
                 the
                 usual
                 times
                 of
                 their
                 Marts
                 .
              
               
                 The
                 frequent
                 and
                 daily
                 change
                 in
                 the
                 low
                 Countries
                 of
                 their
                 monies
                 ,
                 is
                 no
                 such
                 injustice
                 to
                 any
                 there
                 as
                 it
                 would
                 be
                 here
                 .
                 For
                 being
                 all
                 either
                 Mechanicks
                 or
                 Merchants
                 ,
                 they
                 can
                 rate
                 accordingly
                 their
                 labours
                 or
                 their
                 wares
                 ,
                 whether
                 it
                 be
                 coyn
                 or
                 other
                 Merchandise
                 ,
                 to
                 the
                 present
                 condition
                 of
                 their
                 own
                 money
                 in
                 Exchange
                 .
              
               
               
                 And
                 our
                 English
                 Merchants
                 ,
                 to
                 whose
                 profession
                 it
                 properly
                 belongs
                 ,
                 do
                 so
                 ,
                 according
                 to
                 the
                 just
                 intrinsick
                 value
                 of
                 their
                 Forreign
                 coyn
                 ,
                 in
                 all
                 barter
                 of
                 Commodities
                 ,
                 or
                 exchange
                 ,
                 except
                 at
                 Usance
                 ;
                 Which
                 we
                 ,
                 that
                 are
                 ruled
                 and
                 tyed
                 by
                 the
                 extrinsick
                 measure
                 of
                 monies
                 ,
                 in
                 all
                 our
                 constant
                 Reckonings
                 add
                 Annual
                 bargains
                 at
                 home
                 ,
                 cannot
                 do
                 .
              
               
                 And
                 for
                 us
                 then
                 to
                 raise
                 our
                 coyn
                 at
                 this
                 time
                 to
                 equal
                 their
                 proportions
                 ,
                 were
                 but
                 to
                 render
                 our selves
                 to
                 a
                 perpetual
                 incertainty
                 :
                 for
                 they
                 will
                 raise
                 upon
                 us
                 daily
                 then
                 again
                 ;
                 which
                 if
                 we
                 of
                 course
                 should
                 follow
                 ,
                 else
                 receive
                 no
                 profit
                 by
                 this
                 present
                 change
                 ,
                 we
                 then
                 destroy
                 the
                 
                   Policy
                   ,
                   Justice
                   ,
                   Honour
                   and
                   Tranquility
                
                 of
                 our
                 State
                 at
                 home
                 for
                 ever
                 .
              
            
          
        
         
      
       
         
           
             
             
               THE
               DANGER
               WHEREIN
               THIS
               KINGDOME
               NOW
               STANDETH
               ,
               AND
               THE
               REMEDY
               .
            
             
               Written
               by
               Sir
               ROB.
               COTTON
               Knight
               and
               Baronet
               .
            
             
               LONDON
               ,
               Printed
               in
               the
               year
               1651.
               
            
          
        
         
           
             
             
               THE
               DANGER
               Wherein
               this
               Kingdome
               now
               standeth
               ,
               and
               the
               REMEDIE
               .
            
             
               AS
               soon
               as
               the
               house
               of
               Austria
               had
               incorporated
               it self
               into
               the
               house
               of
               Spain
               ,
               and
               by
               their
               new
               Discoveries
               gotten
               to
               themselves
               the
               Wealth
               of
               the
               Indies
               ;
               they
               began
               to
               affect
               ,
               and
               have
               ever
               since
               pursued
               a
               fifth
               Monarchy
               .
            
             
               The
               Emperour
               Charles
               would
               first
               have
               laid
               the
               foundation
               thereof
               in
               Italy
               ,
               by
               surprizing
               Rome
               .
               But
               from
               this
               he
               was
               thrust
               by
               the
               force
               and
               respect
               of
               
                 Religion
                 ,
                 Henry
              
               the
               8.
               being
               made
               
                 Caput
                 foederis
              
               against
               him
               .
            
             
               He
               then
               attempted
               it
               in
               High-Germany
               ,
               Practising
               (
               by
               faction
               and
               Force
               )
               to
               reduce
               those
               petty
               States
               to
               his
               absolute
               power
               .
               In
               this
               Henry
               the
               8.
               again
               prevented
               him
               ,
               by
               tying
               the
               
                 Lutber
                 an
                 Princes
              
               under
               his
               confederacy
               and
               assistance
               .
            
             
               His
               Son
               ,
               the
               second
               Philip
               ,
               pursued
               the
               same
               Ambition
               in
               the
               
                 Nether
                 Germany
              
               ,
               
               by
               reduction
               whereof
               he
               intended
               to
               make
               his
               way
               further
               into
               the
               other
               .
               This
               the
               late
               Queen
               of
               England
               interrupted
               ,
               by
               siding
               with
               the
               afflicted
               people
               on
               the
               one
               part
               ,
               and
               making
               her self
               Head
               of
               the
               Protestant
               League
               with
               the
               Princes
               on
               the
               other
               side
               ;
               drawing
               in
               ,
               as
               a
               secret
               of
               State
               ,
               the
               Countenance
               of
               France
               ,
               to
               give
               the
               more
               reputation
               and
               assistance
               to
               them
               ,
               and
               security
               to
               it self
               ,
            
             
               Spain
               seeing
               his
               hopes
               thus
               fruitless
               by
               these
               Unions
               and
               sleights
               ,
               began
               first
               ,
               to
               break
               (
               if
               he
               might
               )
               the
               Amity
               of
               France
               and
               England
               :
               But
               finding
               the
               common
               danger
               to
               be
               as
               fast
               a
               Tye
               ,
               he
               raiseth
               up
               a
               party
               in
               that
               Kingdome
               of
               his
               own
               ,
               by
               the
               which
               the
               French
               King
               was
               so
               distressed
               ,
               that
               had
               not
               the
               English
               Councel
               and
               Assistance
               relieved
               him
               ,
               Spain
               had
               there
               removed
               that
               next
               and
               greatest
               obstacle
               of
               his
               ambition
               .
            
             
               His
               Councel
               now
               tells
               him
               ,
               from
               these
               examples
               ,
               that
               the
               way
               to
               his
               great
               work
               is
               impassible
               so
               long
               as
               England
               lies
               a
               let
               into
               his
               way
               ;
               and
               adviseth
               him
               ,
               that
               the
               remove
               of
               that
               obstacle
               be
               the
               first
               of
               his
               intents
               .
               This
               drew
               on
               those
               often
               secret
               practices
               against
               the
               person
               of
               the
               late
               Queen
               ,
               and
               his
               open
               fury
               in
               88.
               against
               the
               Body
               of
               the
               State
               :
               For
               which
               she
               (
               following
               the
               advice
               of
               a
               free
               Councell
               )
               will
               never
               after
               admit
               of
               Peace
               ,
               winning
               thereby
               the
               hearts
               of
               a
               loving
               people
               ,
               who
               ever
               found
               hands
               and
               money
               for
               all
               occasions
               
               at
               home
               ,
               and
               keeping
               sacredly
               her
               Alliances
               abroad
               ,
               secured
               her
               confederates
               ,
               all
               her
               time
               ,
               in
               freedome
               from
               fear
               of
               Spanish
               slavery
               ;
               And
               so
               ended
               her
               old
               and
               happy
               dayes
               in
               great
               Glory
               .
            
             
               Spain
               then
               ,
               by
               the
               Wisdome
               and
               power
               of
               that
               great
               Lady
               ,
               dispoiled
               so
               of
               his
               means
               to
               hurt
               ,
               though
               not
               of
               his
               desire
               ,
               makes
               up
               ,
               with
               her
               peaceful
               Successor
               of
               happy
               memory
               ,
               the
               Golden
               League
               ,
               that
               (
               disarming
               us
               at
               home
               by
               opinion
               of
               Security
               ,
               and
               giving
               them
               a
               power
               in
               our
               Councel
               by
               believing
               their
               friendship
               and
               pretended
               marriage
               )
               gave
               them
               way
               to
               cherish
               amongst
               us
               a
               party
               of
               their
               own
               ,
               and
               (
               bereaft
               of
               power
               abroad
               )
               to
               lead
               in
               jealousie
               ,
               and
               sow
               a
               division
               between
               us
               and
               our
               confederates
               ;
               by
               which
               (
               we
               see
               )
               they
               have
               swallowed
               up
               the
               fortune
               of
               our
               Master's
               brother
               ,
               with
               the
               rest
               of
               the
               Imperial
               States
               ,
               distressed
               the
               King
               of
               Denmark
               by
               that
               quarrell
               ,
               diverted
               Sweden's
               Assistance
               by
               the
               wars
               with
               the
               Pole
               ,
               and
               moving
               of
               him
               now
               with
               the
               offer
               of
               the
               Danish
               )
               Crown
               :
               And
               now
               (
               whether
               from
               the
               Plot
               ,
               or
               our
               Fatality
               )
               it
               hath
               cast
               such
               a
               bone
               between
               France
               and
               us
               ,
               as
               hath
               gotten
               themselves
               (
               by
               our
               quarrel
               of
               Religion
               )
               a
               fast
               confederate
               ,
               and
               us
               a
               dangerous
               enemy
               :
               So
               that
               now
               we
               are
               left
               no
               other
               Assurance
               against
               their
               Malice
               and
               ambition
               ,
               but
               the
               Nether-lands
               ;
               where
               the
               Tye
               of
               mutual
               safety
               is
               weak'ned
               by
               dayly
               discontents
               bred
               and
               fed
               between
               
               us
               from
               some
               ill-affected
               to
               both
               our
               Securities
               ;
               that
               from
               the
               doubtfulness
               of
               friendship
               as
               now
               we
               stand
               .
               we
               may
               rather
               expect
               from
               our
               own
               domestick
               faction
               ,
               if
               they
               grow
               too
               furious
               ,
               they
               will
               rather
               follow
               the
               example
               of
               Rome
               in
               her
               growing
               ;
               that
               held
               it
               equally
               safe
               ,
               honourable
               ,
               and
               more
               easie
               ,
               
                 dare
                 Rege●●
              
               ,
               th●
               
                 sub●ugare
                 Provincian
              
               ;
               considering
               the
               po●er
               they
               have
               their
               hands
               ,
               then
               to
               gi●e
               any
               friendly
               Assistance
               to
               serve
               the
               present
               condition
               of
               our
               State.
               You
               may
               see
               therefore
               in
               what
               terms
               we
               stand
               abroad
               ;
               and
               I
               fear
               me
               ,
               at
               home
               ,
               for
               resistance
               in
               no
               better
               State.
               
            
             
               There
               must
               be
               ,
               to
               withstand
               a
               Forreign
               invasion
               ,
               
                 a
                 proportion
              
               both
               of
               Sea
               and
               Land-forces
               ;
               for
               to
               give
               an
               enemy
               an
               easie
               passage
               ,
               and
               a
               port
               to
               relieve
               him
               in
               ,
               is
               no
               less
               then
               to
               hazard
               all
               at
               one
               stake
               .
               And
               it
               is
               to
               be
               considered
               ,
               that
               no
               march
               by
               land
               ,
               can
               be
               of
               that
               speed
               ,
               to
               make
               head
               against
               the
               landing
               of
               an
               enemy
               ,
               nor
               no
               such
               prevention
               as
               to
               be
               Mr.
               of
               the
               Sea.
               To
               this
               point
               of
               necessary
               defence
               ,
               there
               can
               be
               no
               less
               then
               240000.
               l.
               
            
             
               For
               the
               land-forces
               ;
               If
               it
               were
               for
               an
               jOffensive
               war
               ,
               the
               men
               of
               less
               livelihood
               were
               the
               best
               spared
               ,
               and
               were
               used
               formerly
               to
               make
               such
               war
               ,
               
                 purgamento
                 Reipublicae
              
               ,
               if
               we
               made
               no
               further
               purchase
               by
               it
               .
               But
               for
               safety
               of
               a
               Common-wealth
               ,
               the
               Wisdom
               of
               all
               times
               ,
               did
               never
               interest
               the
               publick
               cause
               to
               any
               other
               then
               such
               
               as
               had
               a
               portion
               in
               the
               
                 publick
                 adventure
              
               .
               And
               that
               we
               saw
               in
               88.
               when
               the
               
                 ear
                 of
                 the
                 Queen
                 and
                 Councel
                 did
                 make
                 the
                 body
                 of
                 that
                 large
                 Army
                 ,
                 no
                 other
                 then
                 of
                 trained
                 bands
                 ,
              
               which
               with
               the
               Auxiliaries
               of
               the
               whole
               Realm
               ,
               amounted
               to
               no
               less
               then
               24000
               .
               men
               .
               Neither
               were
               any
               of
               those
               drawn
               out
               
                 from
                 forth
                 their
              
               Countries
               ,
               
                 and
                 proper
                 habitations
                 before
                 the
                 end
                 of
                 May
                 ,
                 that
                 there
                 might
                 be
                 no
                 long
                 aggrievance
                 to
                 the
                 publick
              
               ;
               such
               discontentments
               being
               ever
               to
               us
               a
               more
               
                 fatal
                 Enemy
              
               then
               any
               
                 Forreign
                 force
              
               .
            
             
               
                 The
                 careful
              
               distribution
               and
               direction
               
                 of
                 the
              
               Sea
               and
               Land-forces
               ,
               
                 being
                 more
                 fitting
                 for
                 a
              
               Councel
               of
               War
               ,
               then
               a
               private
               Man
               to
               advise
               of
               ,
               
                 I
                 pass
                 over
                 ;
                 yet
                 shall
                 ever
                 be
                 willing
                 and
                 ready
                 (
                 when
                 I
                 shall
                 be
                 called
                 )
              
               humbly
               to
               offer
               up
               such
               observations
               ,
               as
               I
               have
               formerly
               gathered
               by
               the
               former
               like
               occasions
               of
               this
               Realm
               .
            
             
               To
               make
               up
               this
               preparation
               ,
               there
               are
               requisite
               two
               things
               :
               Money
               &
               affections
               ;
               for
               they
               cannot
               be
               properly
               severed
               .
               It
               was
               well
               &
               wisely
               said
               ,
               by
               that
               great
               and
               grave
               Councellor
               the
               Lord
               Burleigh
               in
               the
               like
               case
               to
               the
               late
               Queen
               :
               Win
               hearts
               ,
               &
               you
               may
               have
               their
               hands
               &
               purses
               ;
               And
               I
               find
               of
               late
               ,
               that
               diffidence
               having
               been
               a
               defect
               in
               the
               one
               ,
               it
               hath
               unhappily
               produced
               the
               other
               .
            
             
               In
               gathering
               then
               of
               money
               for
               this
               present
               need
               ,
               there
               are
               required
               three
               things
               :
               
                 Speed
                 ,
                 Assurance
              
               ,
               and
               Satisfaction
               .
               And
               the
               way
               to
               gather
               (
               as
               others
               in
               the
               like
               cases
               have
               done
               )
               must
               be
               by
               that
               path
               ,
               which
               hath
               been
               formerly
               
               called
               
                 Via
                 Regia
              
               ,
               being
               more
               secure
               &
               speedy
               :
               For
               ,
               by
               unknown
               and
               untroden
               ways
               ,
               it
               is
               both
               rough
               &
               tedious
               ,
               &
               seldom
               succeedeth
               well
               This.
               last
               way
               ,
               although
               it
               took
               place
               as
               it
               were
               by
               a
               supply
               at
               first
               ,
               and
               received
               no
               general
               denyal
               ;
               yet
               since
               it
               hath
               drawn
               many
               to
               consider
               with
               themselves
               and
               others
               of
               the
               Consequence
               ,
               and
               is
               now
               conceived
               a
               pressure
               on
               their
               liberties
               and
               against
               Law
               ,
               I
               much
               fear
               ,
               if
               now
               again
               it
               be
               offered
               ,
               either
               in
               the
               same
               face
               ,
               or
               by
               Privy
               Seal
               ,
               it
               will
               be
               refused
               wholly
               .
               Neither
               find
               I
               that
               the
               restraint
               of
               those
               Recusants
               hath
               produced
               any
               other
               effect
               then
               a
               stiff
               resolution
               in
               them
               and
               others
               to
               forbear
               .
               
                 Besides
                 ,
                 though
                 it
                 went
                 at
                 the
                 first
                 with
                 some
                 assurance
                 ;
                 yet
                 when
                 we
                 consider
                 the
                 Commissions
                 and
                 other
                 forms
                 incident
                 to
                 such
                 like
                 services
                 ,
                 as
                 that
                 how
                 long
                 it
                 hangs
                 in
                 hand
                 ,
                 and
                 how
                 many
                 delays
                 there
                 were
                 ,
                 we
                 may
                 easily
                 see
                 ,
                 that
                 such
                 a
                 sum
                 by
                 Parliament
                 granted
                 ,
                 is
                 far
                 sooner
                 and
                 more
                 easily
                 gathered
                 .
              
            
             
               If
               any
               will
               make
               the
               successes
               of
               times
               to
               produce
               an
               inevitable
               necessity
               to
               enforce
               it
               levied
               (
               whether
               in
               general
               )
               by
               excise
               ,
               or
               imposition
               ,
               or
               in
               particular
               upon
               some
               select
               persons
               (
               which
               is
               the
               custom
               of
               some
               Countreys
               )
               and
               so
               conclude
               it
               (
               as
               there
               )
               for
               the
               
                 publick
                 State
                 ,
                 Suprema
                 lege
              
               )
               he
               must
               look
               for
               this
               to
               be
               told
               him
               :
               That
               seeing
               necessity
               must
               conclude
               always
               to
               gather
               money
               ,
               as
               less
               speedy
               or
               assured
               then
               that
               so
               practised
               (
               which
               cannot
               be
               fitter
               then
               by
               
               Parliament
               )
               the
               success
               attendeth
               the
               humors
               of
               the
               heedless
               multitude
               ,
               that
               are
               full
               of
               jealousie
               and
               distrust
               ;
               and
               so
               unlike
               to
               comply
               to
               any
               unusual
               course
               of
               Levy
               ,
               but
               by
               force
               :
               which
               if
               used
               ,
               the
               effect
               is
               fearful
               ,
               and
               hath
               been
               fatal
               to
               the
               State
               ;
               whereas
               that
               by
               Parliament
               resteth
               principally
               on
               the
               regal
               person
               ,
               who
               may
               with
               ease
               and
               safety
               mould
               them
               to
               his
               fit
               desire
               ,
               by
               a
               gracious
               yielding
               to
               their
               just
               Petitions
               .
            
             
               If
               a
               Parliament
               then
               be
               the
               most
               
                 speedy
                 ,
                 assured
                 ,
                 and
                 safe
                 way
              
               ;
               it
               is
               fit
               to
               conceive
               ,
               what
               is
               the
               safest
               way
               to
               act
               and
               work
               it
               to
               the
               present
               need
               .
            
             
               First
               ,
               for
               the
               time
               of
               the
               usual
               Summons
               ,
               reputed
               to
               be
               40.
               days
               ,
               to
               be
               too
               large
               for
               the
               present
               necessity
               ;
               it
               may
               be
               by
               dating
               the
               Writ
               lessened
               ;
               since
               it
               is
               no
               positive
               law
               ;
               so
               that
               a
               care
               be
               had
               that
               there
               may
               be
               one
               County
               day
               ,
               after
               the
               Sheriff
               hath
               received
               the
               Writ
               before
               the
               time
               of
               sitting
               .
            
             
               If
               then
               the
               sum
               to
               be
               levyed
               be
               once
               agreed
               of
               ,
               for
               the
               time
               there
               may
               be
               in
               the
               body
               of
               the
               Grant
               an
               Assignment
               made
               to
               the
               Knights
               of
               every
               County
               respectively
               ,
               who
               (
               under
               such
               Assurance
               )
               may
               safely
               give
               
                 Security
                 proportionable
              
               to
               the
               Receipts
               ,
               to
               such
               as
               shall
               in
               present
               advance
               to
               the
               Publick
               service
               any
               
                 sums
                 of
                 money
              
               .
            
             
               The
               last
               and
               weightiest
               consideration
               (
               if
               a
               Parliament
               be
               
                 thought
                 fit
              
               )
               is
               ,
               how
               to
               remove
               or
               comply
               the
               
                 differences
                 between
              
               the
               King
               and
               
               Subject
               in
               
                 their
                 mutual
                 demands
              
               .
               And
               what
               I
               have
               learned
               amongst
               the
               better
               sort
               of
               the
               Multitude
               ,
               I
               will
               freely
               declare
               ;
               that
               
                 your
                 Lordships
              
               may
               be
               the
               more
               enabled
               to
               remove
               and
               
                 answer
                 those
                 distrusts
              
               ,
               that
               either
               
                 concern
                 Religion
                 ,
                 Publick
                 safety
                 of
                 the
                 King
                 and
                 State
                 ,
              
               or
               the
               just
               liberties
               of
               the
               Common-Wealth
               .
            
             
               For
               Religion
               (
               a
               matter
               
                 that
                 they
                 lay
                 nearest
                 to
              
               their
               conscience
               )
               they
               are
               led
               by
               this
               gro●●d
               of
               jealousie
               to
               doubt
               some
               practise
               against
               it
               .
            
             
               First
               ,
               for
               that
               the
               Spanish
               match
               ,
               which
               was
               broken
               by
               the
               grateful
               Industry
               of
               my
               Lord
               of
               Bucking
               ▪
               out
               of
               his
               Religious
               care
               (
               as
               he
               there
               declares
               )
               that
               the
               Articles
               there
               demanded
               might
               lead
               in
               some
               such
               sufferance
               as
               might
               endanger
               the
               quiet
               ,
               if
               not
               the
               State
               of
               the
               reformed
               Religion
               here
               :
               Yet
               there
               have
               (
               when
               he
               was
               an
               Actor
               principal
               in
               the
               Conditions
               with
               France
               )
               as
               hard
               ,
               if
               not
               worse
               (
               to
               the
               preservation
               of
               our
               Religion
               )
               passed
               then
               those
               with
               Spain
               .
               And
               the
               suspect
               is
               strengthened
               by
               the
               close
               keeping
               of
               this
               Agreement
               in
               that
               point
               there
               concluded
               .
            
             
               It
               is
               no
               less
               an
               Argument
               of
               doubt
               to
               them
               of
               his
               Affections
               ,
               in
               that
               his
               Mother
               end
               others
               ,
               many
               of
               his
               Ministers
               of
               neer
               imployment
               about
               him
               ,
               are
               so
               affected
               .
            
             
               They
               talk
               much
               of
               his
               advancing
               men
               Papistically
               devoted
               ;
               some
               placed
               in
               the
               camp
               ,
               of
               nearest
               service
               and
               chief
               Command
               :
               And
               that
               the
               Recusants
               have
               gotten
               ,
               these
               late
               years
               ,
               by
               his
               power
               ,
               more
               of
               courage
               and
               assurance
               then
               before
               .
               If
               to
               clear
               these
               doubts
               (
               which
               perhaps
               are
               worse
               in
               fancy
               then
               in
               
               truth
               )
               he
               took
               a
               good
               course
               ,
               it
               might
               much
               advance
               the
               
                 Publick
                 service
              
               ,
               against
               those
               
                 squeymish
                 humors
              
               that
               have
               more
               
                 violent
                 passion
                 then
                 setled
                 judgment
              
               ;
               &
               are
               not
               the
               least
               of
               the
               
                 opposite
                 number
              
               in
               the
               Common-Wealth
               .
            
             
               The
               next
               is
               ,
               The
               late
               misfortunes
               and
               losses
               of
               Men
               ,
               Munition
               ,
               and
               honour
               in
               our
               late
               Vndertakings
               abroad
               :
               Which
               the
               more
               temperate
               spirits
               impute
               to
               want
               of
               Councel
               ,
               and
               the
               more
               sublime
               wits
               to
               practise
               .
            
             
               They
               begin
               with
               the
               Palatinate
               ,
               and
               by
               the
               fault
               of
               the
               
                 loss
                 there
              
               ,
               on
               the
               
                 improved
                 credit
                 of
                 Gondomar
              
               ,
               distrusting
               him
               for
               the
               staying
               of
               supplyes
               to
               Sir
               
                 Horace
                 Vere
              
               ,
               when
               Colonell
               Cecill
               was
               cast
               on
               that
               imployment
               ,
               by
               which
               the
               King
               of
               Spain
               became
               Master
               of
               the
               King's
               Children's
               Inheritance
               .
            
             
               And
               when
               Count-Mansfield
               had
               a
               Royal
               Supply
               of
               Forces
               ,
               to
               assist
               the
               Princes
               of
               our
               part
               ,
               for
               the
               Recovery
               thereof
               :
               either
               plot
               or
               error
               defeated
               the
               Enterprize
               from
               Us
               ,
               to
               Spains
               great
               advantage
               .
            
             
               That
               Sir
               
                 Robert
                 Mansfield's
                 expedition
              
               to
               Algiers
               ,
               should
               purchase
               only
               the
               
                 security
                 and
                 guard
                 of
                 the
                 Spanish
                 Coasts
                 .
              
               To
               spend
               so
               many
               
                 hundred
                 thousand
                 pounds
              
               in
               the
               
                 Cales
                 Voyage
              
               ,
               against
               the
               advice
               of
               Parliament
               ,
               onely
               to
               warn
               the
               
                 King
                 of
                 Spain
              
               to
               be
               in
               a
               readiness
               ,
               &
               so
               to
               weaken
               our selves
               ,
               is
               taken
               for
               such
               a
               sign
               of
               ill
               affection
               to
               him
               ,
               amongst
               the
               multitude
               .
            
             
               The
               spending
               of
               so
               much
               
                 Munition
                 ,
                 Victuals
              
               ,
               and
               Money
               in
               my
               
                 Lord
                 Willoughbie's
                 journey
              
               ,
               is
               conceived
               ,
               an
               
                 Vnthrifty
                 Error
              
               in
               
               the
               Director
               of
               it
               to
               disarm
               our selves
               in
               
                 fruitless
                 Voyages
              
               ,
               nay
               ,
               to
               some
               (
               over-curious
               )
               seems
               a
               plot
               of
               danger
               ,
               to
               turn
               the
               quarrel
               of
               
                 Spain
                 (
                 our
                 antient
                 enemy
              
               )
               that
               the
               
                 Parliament
                 petitioned
                 and
                 gave
                 supply
              
               to
               support
               ,
               upon
               our
               Ally
               of
               France
               :
               and
               soon
               after
               ,
               a
               new
               &
               happy
               Tye
               gave
               much
               talk
               that
               we
               were
               not
               so
               doubtful
               of
               Spain
               as
               many
               wish
               ;
               since
               it
               was
               held
               ,
               not
               long
               ago
               ,
               a
               fundamental
               Rule
               
                 of
                 Their
                 security
              
               and
               Our's
               ,
               by
               the
               old
               Lord
               
                 Treasurer
                 Burleigh
              
               :
               That
               nothing
               can
               prevent
               the
               
                 Spanish
                 Monarchy
              
               ,
               but
               a
               fastness
               of
               the
               two
               Princes
               ,
               whose
               Amity
               gave
               countenance
               and
               courage
               to
               the
               Netherlands
               and
               
                 German
                 Princes
              
               to
               make
               head
               against
               his
               Ambition
               .
               And
               we
               see
               ,
               by
               this
               dis-union
               a
               fearful
               defeat
               hath
               happened
               to
               Denmark
               and
               that
               party
               ,
               to
               the
               great
               advantage
               of
               the
               
                 Austrian
                 Family
              
               .
            
             
               And
               thus
               far
               of
               the
               Waste
               of
               publick
               Treasure
               in
               fruitless
               Expeditions
               :
               An
               important
               cause
               to
               hinder
               any
               new
               supply
               in
               Parliament
               .
               Another
               fear
               that
               may
               disturb
               the
               smooth
               and
               speedy
               passage
               of
               the
               King's
               desires
               in
               Parliament
               ,
               is
               the
               late
               waste
               of
               the
               Kind's
               Lively-hood
               ;
               Whereby
               is
               like
               (
               as
               in
               former
               times
               )
               to
               arise
               this
               Jealousie
               &
               fear
               :
               
                 That
                 when
                 he
                 hath
                 not
                 of
                 his
                 own
                 to
                 support
                 his
                 ordinary
                 charge
                 (
                 for
                 which
                 the
                 Lands
                 of
                 the
                 Crown
                 were
                 setled
                 unalterable
                 ,
                 and
                 called
                 Sacrum
                 Patrimonium
                 Principis
                 )
                 that
                 then
                 he
                 must
                 of
                 necessity
                 rest
                 on
                 those
                 Assistances
                 of
                 the
                 people
                 which
                 ever
                 were
                 only
                 collected
                 &
                 consigned
                 for
                 the
                 Common-Wealth
                 .
                 From
                 hence
                 is
                 is
                 like
                 ,
                 
                 there
                 will
                 be
                 no
                 great
                 labour
                 or
                 stiffness
                 to
                 induce
                 his
                 Majesty
                 to
                 an
                 act
                 of
                 Resumption
              
               ;
               since
               such
               desires
               of
               the
               State
               have
               found
               an
               easie
               way
               in
               the
               will
               of
               all
               the
               Princes
               from
               the
               
                 third
                 Henry
              
               to
               the
               last
               .
               But
               that
               which
               is
               like
               to
               pass
               deeper
               into
               their
               disputes
               and
               care
               ,
               is
               the
               late
               pressures
               they
               suppose
               to
               have
               been
               done
               upon
               the
               publick
               libertie
               and
               freedom
               of
               the
               Subject
               ,
               in
               commanding
               their
               Goods
               without
               assent
               by
               Parliament
               ,
               confining
               their
               persons
               without
               especial
               cause
               declared
               ;
               and
               that
               made
               good
               against
               them
               by
               the
               Judges
               lately
               ;
               and
               pretending
               a
               Writ
               to
               command
               their
               attendance
               in
               a
               Forreign
               War
               :
               All
               which
               they
               are
               likely
               to
               enforce
               ,
               as
               repugnant
               to
               many
               positive
               laws
               ,
               and
               Customary
               Immunities
               of
               this
               Common-Wealth
               .
            
             
               And
               these
               dangerous
               distrusts
               ,
               to
               the
               people
               are
               not
               a
               little
               improved
               by
               this
               un-exemplified
               course
               (
               as
               they
               conceive
               )
               of
               retaining
               an
               Inland
               Army
               in
               Winter-season
               ,
               when
               former
               times
               of
               greatest
               fear
               ,
               as
               88.
               produced
               no
               such
               ;
               and
               makes
               them
               (
               in
               their
               distracted
               fears
               )
               to
               conjecture
               (
               idly
               )
               it
               was
               raised
               wholly
               to
               subvert
               their
               fortunes
               to
               the
               will
               of
               power
               ,
               more
               then
               of
               Law
               ;
               and
               so
               make
               good
               some
               further
               breaches
               upon
               their
               liberties
               and
               freedoms
               at
               home
               ,
               rather
               then
               defend
               us
               from
               any
               force
               abroad
               .
            
             
               How
               far
               such
               jealousies
               ,
               if
               they
               meet
               with
               an
               unusual
               disorder
               of
               lawless
               Souldiers
               ,
               or
               an
               apt
               distemper
               of
               the
               loose
               and
               
               needy
               multitude
               ,
               which
               will
               easily
               turn
               away
               upon
               any
               occasion
               in
               the
               State
               that
               they
               can
               side
               withal
               ,
               to
               a
               glorious
               pretence
               of
               Religion
               and
               publick
               safety
               ,
               when
               their
               true
               intent
               will
               be
               onely
               Rapine
               of
               the
               rich
               ,
               and
               ruine
               of
               all
               ,
               is
               worthy
               a
               provident
               and
               preventing
               care
               .
            
             
               
                 I
                 have
                 thus
                 far
                 delivered
                 (
                 with
                 that
                 freedom
                 you
                 pleased
                 to
                 admit
                 )
                 such
                 difficulties
                 as
                 I
                 have
                 taken
                 up
                 amongst
                 the
                 multitude
                 ,
                 as
                 may
                 arrest
                 ,
                 if
                 not
                 remove
                 Impediments
                 to
                 any
                 speedy
                 supply
                 in
                 Parliament
                 at
                 this
                 time
                 .
                 Which
                 how
                 to
                 facilitate
                 ,
                 may
                 better
                 become
                 the
                 care
                 of
                 your
                 Lordships
                 Judgments
                 ,
                 then
                 my
                 Ignorance
                 .
                 Only
                 I
                 could
                 wish
                 ,
                 that
                 to
                 remove
                 away
                 a
                 personal
                 distaste
                 of
                 my
              
               Lord
               of
               Buckingham
               
                 amongst
                 the
              
               People
               ,
               he
               might
               be
               pleased
               (
               if
               there
               be
               a
               necessity
               of
               Parliament
               )
               to
               appear
               a
               first
               Adviser
               thereunto
               :
               &
               what
               satisfaction
               it
               shall
               please
               his
               Majesty
               ,
               of
               grace
               ,
               to
               give
               at
               such
               time
               to
               his
               people
               (
               which
               I
               wish
               to
               be
               grounded
               by
               President
               of
               his
               best
               and
               most
               fortunate
               Progenitors
               ,
               &
               which
               I
               conceive
               will
               largly
               satisfy
               the
               desires
               &
               hopes
               of
               all
               )
               If
               it
               may
               appear
               in
               some
               sort
               to
               be
               drawn
               down
               from
               him
               to
               the
               People
               ,
               by
               the
               zealous
               care
               &
               industry
               that
               my
               L.
               of
               Buck
               hath
               of
               the
               publick
               unity
               &
               content
               ;
               by
               which
               there
               is
               no
               doubt
               that
               he
               may
               remain
               ,
               not
               only
               secure
               from
               any
               further
               quarrel
               with
               them
               ,
               but
               merrit
               an
               happy
               memory
               amongst
               them
               of
               a
               zealous
               Patriot
               .
               For
               to
               expiate
               the
               passion
               of
               the
               people
               at
               such
               a
               time
               with
               sacrifice
               of
               any
               his
               Majesties
               Servants
               ,
               I
               have
               ever
               found
               it
               (
               as
               in
               E.
               the
               2.
               
               R.
               the
               2.
               and
               H.
               6.
               )
               no
               less
               fatal
               to
               the
               Master
               ,
               then
               the
               Minister
               in
               the
               end
               .
            
          
        
         
      
       
         
           
             
             
               VALOUR
               ANATOMIZED
               IN
               A
               FANCIE
               .
            
             
               By
               Sir
               PHILIP
               SIDNEY
               .
               1581.
               
            
             
               LONDON
               ,
               Printed
               in
               the
               year
               1672.
               
            
          
        
         
           
             
             
             
               VALOUR
               ANATOMIZED
               IN
               A
               FANCIE
               .
            
             
               VAlour
               towards
               Men
               ,
               is
               an
               Emblem
               of
               Ability
               ;
               towards
               Women
               ,
               a
               Good
               quality
               signifying
               a
               better
               .
               Nothing
               draws
               a
               Woman
               like
               to
               it
               .
               Nothing
               is
               more
               behoveful
               for
               that
               Sex
               :
               for
               from
               it
               they
               receive
               Protection
               ,
               and
               in
               a
               free
               way
               too
               ,
               without
               any
               danger
               .
               Nothing
               makes
               a
               shorter
               cut
               to
               obtaining
               :
               for
               a
               Man
               of
               Arms
               is
               alwayes
               void
               of
               Ceremony
               ,
               which
               is
               the
               Wall
               that
               stands
               betwixt
               Piramus
               and
               Thisby
               ,
               that
               is
               Man
               ,
               and
               Woman
               :
               For
               there
               is
               no
               Pride
               in
               Women
               but
               that
               which
               rebounds
               from
               our
               own
               Baseness
               (
               as
               Cowards
               grow
               Valiant
               upon
               those
               that
               are
               more
               Cowards
               )
               So
               that
               only
               by
               our
               pale
               asking
               we
               teach
               them
               to
               deny
               ;
               and
               by
               our
               shamefac'dness
               we
               put
               them
               in
               mind
               to
               be
               modest
               .
               Whereas
               indeed
               it
               is
               cunning
               Rhetorick
               to
               perswade
               the
               hearers
               that
               they
               are
               that
               already
               which
               the
               world
               would
               have
               them
               
               to
               be
               .
               This
               kind
               of
               Bashfulness
               is
               far
               from
               Men
               of
               valourous
               disposition
               ,
               and
               especially
               from
               Souldiers
               :
               for
               such
               are
               ever
               men
               (
               without
               doubt
               )
               forward
               and
               Confident
               ,
               losing
               no
               time
               left
               they
               should
               lose
               Opportunity
               ,
               which
               is
               the
               best
               Factor
               for
               a
               Lover
               .
               And
               because
               they
               know
               Women
               are
               given
               to
               dissemble
               ,
               they
               will
               never
               believe
               them
               when
               they
               deny
               .
               Certainly
               before
               this
               age
               of
               Wit
               and
               wearing
               Black
               ,
               brake
               in
               upon
               us
               ,
               there
               was
               no
               way
               known
               to
               win
               a
               Lady
               ,
               but
               by
               Tilting
               ,
               Turneying
               ,
               and
               Riding
               to
               seek
               Adventures
               through
               dangerous
               Forrests
               :
               In
               which
               time
               these
               slender
               Striplings
               with
               little
               Legs
               were
               held
               but
               of
               Strength
               enough
               to
               marry
               their
               Widdows
               .
               And
               even
               in
               our
               days
               ,
               there
               can
               be
               given
               no
               reason
               of
               the
               inundation
               of
               Servingmen
               upon
               their
               Mistresses
               ,
               but
               onely
               that
               usually
               they
               carry
               their
               Masters
               Weapons
               ,
               and
               their
               Valour
               .
               To
               be
               accounted
               handsome
               ,
               just
               ,
               learned
               ,
               and
               well
               favoured
               ,
               all
               this
               carries
               no
               danger
               with
               it
               .
               But
               it
               is
               better
               to
               be
               admitted
               to
               the
               title
               of
               Valiant
               acts
               :
               at
               least
               that
               imports
               the
               venturing
               of
               Mortality
               ;
               and
               all
               Women
               delight
               to
               hold
               him
               safe
               in
               their
               Arms
               who
               hath
               escaped
               thither
               through
               many
               dangers
               .
               To
               speak
               2t
               once
               ;
               Man
               hath
               a
               priviledge
               in
               Valour
               .
               In
               Cloaths
               and
               good
               Faces
               we
               do
               but
               imitate
               Women
               ;
               and
               many
               of
               that
               Sex
               will
               not
               think
               much
               (
               as
               far
               as
               an
               answer
               goes
               )
               
               to
               dissemble
               Wit
               too
               .
               So
               then
               these
               neat
               Youths
               ,
               these
               Women
               in
               Mens
               Apparell
               ,
               are
               too
               near
               a
               Woman
               to
               be
               beloved
               of
               her
               ;
               they
               be
               both
               of
               a
               Trade
               ,
               but
               he
               of
               grim
               aspect
               ,
               and
               such
               a
               one
               a
               Lass
               dares
               take
               ,
               and
               will
               desire
               hint
               for
               Newness
               and
               Variety
               .
               A
               Scar
               in
               a
               Mans
               face
               ,
               is
               the
               same
               that
               a
               Mole
               is
               in
               a
               Womans
               ,
               and
               a
               Mole
               in
               a
               Womans
               is
               a
               jewel
               set
               in
               White
               ,
               to
               make
               it
               seem
               more
               white
               .
               So
               a
               Scar
               in
               a
               Man
               is
               a
               mark
               of
               honour
               ,
               and
               no
               blemish
               ,
               for
               't
               is
               a
               Scar
               and
               a
               blemish
               in
               a
               Souldier
               to
               be
               without
               one
               .
               Now
               as
               for
               all
               things
               else
               which
               are
               to
               procu●e
               love
               ,
               as
               a
               good
               Face
               ,
               Wit
               ,
               Cloaths
               ,
               or
               a
               good
               Body
               ;
               each
               of
               them
               (
               I
               must
               needs
               say
               )
               works
               somewhat
               for
               want
               of
               a
               better
               ;
               that
               is
               ,
               if
               Valour
               corri●e
               not
               therewith
               .
               A
               good
               Face
               a●aileth
               nothing
               ;
               if
               it
               be
               on
               a
               Coward
               that
               is
               bashful
               ,
               the
               utmost
               of
               it
               is
               to
               be
               kist
               ;
               which
               rather
               increaseth
               than
               quen●beth
               Appetite
               .
               He
               that
               sendeth
               her
               Gifts
               ,
               sends
               her
               word
               also
               ,
               that
               he
               is
               a
               Man
               of
               small
               Gifts
               otherwise
               ;
               for
               wooing
               by
               signs
               and
               tokens
               ,
               implies
               the
               Author
               dumb
               .
               And
               if
               Ovid
               (
               who
               writ
               the
               Law
               of
               Love
               )
               were
               alive
               ,
               as
               he
               is
               extant
               ,
               and
               would
               allow
               it
               as
               a
               good
               diversity
               ;
               then
               Gifts
               should
               be
               sent
               as
               Gratuities
               ;
               not
               as
               Bribes
               ;
               and
               Wit
               would
               rather
               get
               promise
               ,
               than
               Love.
               Wit
               is
               not
               to
               be
               seen
               ,
               and
               no
               Woman
               takes
               advice
               of
               any
               in
               her
               Loving
               ,
               but
               of
               her
               own
               Eyes
               ,
               or
               her
               
               Wayting
               Woman
               :
               nay
               ,
               which
               is
               worse
               ,
               Wit
               is
               net
               to
               be
               felt
               ,
               and
               so
               no
               good
               Bedfellow
               .
               Wit
               applyed
               to
               a
               Woman
               makes
               her
               dissolve
               her
               simperings
               ,
               and
               discover
               her
               Teeth
               with
               Laughter
               ;
               and
               this
               is
               surely
               a
               purge
               for
               Love
               :
               for
               the
               beginning
               and
               original
               of
               Love
               is
               a
               kind
               of
               foolish
               Melancholly
               .
               As
               for
               the
               Man
               that
               makes
               his
               Taylor
               his
               Bawde
               ,
               and
               hopes
               to
               inveagle
               his
               Love
               with
               such
               a
               coloured
               Suit
               ,
               surely
               the
               same
               man
               deeply
               hazzards
               the
               losse
               of
               her
               Favour
               upon
               every
               Change
               of
               his
               Cloaths
               .
               So
               likewise
               the
               other
               that
               Courts
               her
               silently
               with
               a
               good
               Body
               ,
               let
               me
               tell
               him
               that
               his
               Cloaths
               stand
               alwayes
               betwixt
               his
               Mistriss
               eyes
               and
               him
               .
               The
               Comliness
               of
               Cloaths
               depends
               upon
               the
               Comliness
               of
               the
               Body
               ,
               and
               so
               both
               upon
               Opinion
               .
               She
               that
               hath
               been
               seduced
               by
               Apparell
               ,
               let
               me
               give
               her
               to
               wit
               ,
               that
               men
               always
               put
               off
               their
               Cloaths
               before
               they
               go
               to
               bed
               ;
               and
               let
               her
               that
               hath
               been
               inamoured
               of
               her
               Servants
               Body
               ,
               understand
               ,
               that
               if
               she
               saw
               him
               in
               a
               skin
               of
               Cloath
               (
               that
               is
               ,
               in
               a
               suit
               made
               to
               the
               pattern
               of
               his
               body
               )
               she
               would
               discern
               slender
               cause
               to
               Love
               him
               ever
               after
               .
               There
               are
               no
               Cloaths
               fit
               so
               well
               in
               a
               Womans
               eye
               ,
               as
               a
               Suit
               of
               Steel
               ,
               though
               not
               of
               the
               fashion
               :
               and
               no
               man
               so
               soon
               surpriseth
               a
               Womans
               Affections
               ,
               as
               he
               that
               is
               the
               subject
               of
               Whisperings
               ,
               and
               hath
               alwayes
               some
               20
               stories
               of
               his
               own
               Atchievements
               
               depending
               upon
               him
               Mistake
               me
               not
               ,
               I
               understand
               not
               by
               Valour
               one
               that
               never
               fights
               but
               When
               he
               is
               backt
               by
               Drink
               or
               Anger
               ,
               or
               hissed
               on
               by
               Beholders
               ;
               nor
               one
               that
               is
               desperate
               ,
               nor
               one
               that
               takes
               away
               a
               Servingmans
               Weapons
               ,
               when
               perhaps
               they
               cost
               him
               his
               quarters
               wages
               ;
               nor
               one
               that
               wears
               a
               privy
               Coat
               of
               defence
               ,
               and
               therein
               is
               Confident
               :
               for
               then
               such
               as
               make
               Bucklers
               would
               be
               accounted
               the
               very
               scum
               of
               the
               Common-wealth
               .
               I
               intend
               one
               of
               an
               even
               Resolution
               ,
               grounded
               upon
               Reason
               ,
               which
               is
               alwayes
               even
               ;
               having
               his
               Power
               restrained
               by
               the
               Law
               of
               not
               doing
               Wrong
               .
            
             
               
                 Philip
                 Sidney
                 .
              
            
          
           
             
               Wooing-stuff
               .
            
             
               FAint
               Amorist
               :
               what
               ,
               do'st
               thou
               think
            
             
               To
               taste
               Loves
               Honey
               ,
               and
               not
               drink
            
             
               One
               dram
               of
               Gall
               ?
               or
               to
               devour
            
             
               A
               world
               of
               sweet
               ,
               and
               taste
               no
               sour
               ?
            
             
               Do'st
               thou
               ever
               think
               to
               enter
            
             
               Th'
               Elisian
               fields
               that
               dar●st
               not
               venture
            
             
               In
               Charons
               Barge
               ?
               a
               Lovers
               mind
            
             
               Must
               use
               to
               sayle
               with
               every
               wind
               .
            
             
             
               He
               that
               loves
               ,
               and
               fears
               to
               try
               ,
            
             
               Learns
               his
               Mistris
               to
               deny
               .
            
             
               Doth
               she
               chide
               thee
               ?
               't
               is
               to
               shew
               it
               ,
            
             
               That
               thy
               Coldness
               makes
               her
               do
               it
               ;
            
             
               Is
               she
               silent
               ?
               is
               she
               mute
               ?
            
             
               Silence
               fully
               grants
               thy
               Sute
               ;
            
             
               Doth
               she
               pout
               ,
               and
               leave
               the
               room
               ?
            
             
               Then
               she
               goes
               to
               bid
               thee
               come
               ;
            
             
               Is
               she
               sick
               ?
               why
               then
               be
               sure
               ,
            
             
               She
               invites
               thee
               to
               the
               cure
               ;
            
             
               Doth
               she
               cross
               thy
               sute
               with
               No
               ?
            
             
               Tush
               ,
               she
               loves
               to
               hear
               the
               woo
               ;
            
             
               Doth
               she
               call
               the
               faith
               of
               man
            
             
               In
               question
               ?
               Nay
               ,
               '
               uds-foot
               ,
               she
               loves
               thee
               than
               ;
            
             
               And
               if
               e're
               she
               make
               a
               blot
               .
            
             
               She
               's
               lost
               ,
               if
               that
               thou
               hit'st
               her
               not
               .
            
             
               He
               that
               after
               ten
               denials
               ,
            
             
               Dares
               attempt
               no
               farther
               tryals
               ,
            
             
               Hath
               no
               warrant
               to
               acquire
            
             
               The
               Dainties
               of
               his
               Chaste
               desire
               .
            
             
               
                 Philip
                 Sidney
                 .
              
            
          
        
         
      
       
         
           
             
             
               Sir
               Francis
               Walsingham
               '
               
                 s
                 ANATOMIZING
              
               Of
               
                 
                   Honesty
                   ,
                
                 
                   Ambition
                   ,
                   and
                
                 
                   Fortitude
                   .
                
              
            
             
               Written
               in
               the
               year
               1590.
               
            
             
               LONDON
               :
               Printed
               in
               the
               Year
               1672.
               
            
          
        
         
           
             
             
             
               Sir
               Francis
               Walsinghams
               ANATOMIZING
               Of
               
                 
                   Honesty
                   ,
                
                 
                   Ambition
                   ,
                   and
                
                 
                   Fortitude
                   .
                
              
            
             
               WHat
               it
               is
               directly
               that
               I
               wil
               write
               ,
               I
               know
               not
               :
               For
               ,
               as
               my
               thoughts
               have
               never
               dwelt
               long
               upon
               one
               thing
               ;
               and
               so
               my
               Mind
               hath
               been
               filled
               with
               the
               Imagination
               of
               things
               of
               a
               different
               nature
               :
               So
               there
               is
               a
               necessity
               that
               this
               Ofspring
               of
               so
               un-composed
               a
               Parent
               must
               be
               mishaped
               ,
               answerable
               to
               the
               Original
               from
               whence
               it
               is
               derived
               .
               Somewhat
               I
               am
               resolved
               to
               write
               ,
               of
               some
               Virtues
               ,
               and
               some
               Vi●es
               ,
               and
               some
               indifferent
               things
               .
               For
               ,
               knowing
               that
               a
               Mans
               life
               is
               a
               perpetual
               Action
               ,
               which
               every
               moment
               is
               under
               one
               of
               these
               three
               heads
               ;
               my
               Imaginations
               have
               ever
               chiefly
               tended
               to
               find
               cut
               the
               Natures
               of
               these
               things
               ,
               that
               I
               might
               ,
               (
               as
               much
               as
               my
               Frailty
               (
               the
               inseperable
               companion
               of
               Mans
               nature
               )
               would
               give
               me
               
               leave
               )
               wear
               out
               this
               Garment
               of
               my
               Body
               ,
               with
               as
               little
               Inconvenience
               to
               my
               Soul
               as
               I
               could
               ,
               and
               play
               this
               Game
               of
               Conversation
               (
               in
               which
               every
               one
               (
               as
               long
               as
               he
               lives
               )
               makes
               one
               )
               with
               the
               reputation
               of
               a
               fair
               Gamester
               ,
               rather
               than
               of
               a
               cunning
               one
               .
            
             
               And
               first
               I
               will
               write
               of
               Honesty
               ;
               not
               in
               its
               general
               sense
               (
               in
               which
               it
               comprehends
               all
               Moral
               Vertues
               )
               but
               in
               that
               particular
               in
               which
               (
               according
               to
               our
               phrase
               )
               it
               denominates
               an
               Honest
               man.
               
            
             
               Honesty
               is
               a
               quiet
               passing
               over
               the
               days
               of
               a
               mans
               life
               ,
               without
               doing
               Injury
               to
               another
               man.
               
            
             
               There
               is
               required
               in
               an
               Honest
               man
               ,
               not
               so
               much
               to
               do
               every
               thing
               as
               he
               would
               be
               done
               unto
               ,
               as
               to
               forbear
               any
               thing
               that
               he
               would
               not
               be
               content
               to
               suffer
               ;
               For
               the
               Essence
               of
               Honesty
               consists
               in
               forbearing
               to
               do
               ill
               :
               And
               to
               good
               Acts
               is
               a
               proper
               Passion
               ,
               and
               no
               Essential
               part
               of
               Honesty
               .
               As
               Chastity
               is
               the
               Honesty
               of
               Women
               ,
               so
               Honesty
               is
               the
               Chastity
               of
               Man.
               Either
               of
               them
               once
               impaired
               is
               irrecoverable
               .
               For
               a
               Woman
               that
               hath
               lost
               her
               Maidenhead
               ,
               may
               as
               easily
               recover
               it
               ,
               as
               a
               Man
               that
               hath
               once
               taken
               liberty
               of
               being
               a
               Knave
               can
               be
               restored
               to
               the
               title
               of
               an
               Honest
               Man.
               For
               Honesty
               doth
               not
               consist
               in
               the
               doing
               of
               one
               ,
               or
               one
               thousand
               Acts
               never
               so
               well
               ;
               but
               in
               spinning
               on
               the
               delicate
               Threds
               of
               Life
               ,
               though
               not
               exceeding
               Fine
               ,
               yet
               free
               from
               Bracks
               ,
               
               and
               Staines
               .
               We
               do
               not
               call
               him
               an
               Honest
               man
               ,
               but
               a
               Wotthy
               man
               ,
               that
               doth
               brave
               eminent
               Acts
               :
               But
               we
               give
               him
               the
               title
               of
               an
               Honest
               man
               ,
               of
               whom
               no
               man
               can
               truly
               report
               any
               ill
               .
            
             
               The
               most
               eminent
               part
               of
               Honesty
               is
               Truth
               :
               not
               in
               VVords
               (
               though
               that
               be
               necessarily
               required
               )
               but
               in
               the
               Course
               of
               his
               Life
               ;
               in
               his
               Profession
               of
               Friendship
               ;
               in
               his
               Promise
               of
               Rewards
               and
               Benefits
               to
               those
               that
               depend
               upon
               him
               ;
               and
               grateful
               acknowledging
               those
               good
               turns
               that
               he
               receives
               from
               any
               man.
               
            
             
               The
               greatest
               Opposite
               to
               Honesty
               is
               Falshood
               ;
               and
               as
               that
               is
               commonly
               waited
               upon
               with
               Cunning
               and
               Dissimulation
               ,
               so
               is
               Honesty
               with
               Discretion
               and
               Assurance
               .
            
             
               It
               is
               true
               ,
               that
               Custome
               makes
               some
               apparently
               false
               ;
               some
               through
               Impudence
               ,
               and
               too
               much
               use
               ;
               and
               other
               some
               for
               want
               of
               Discretion
               ,
               which
               if
               they
               had
               had
               ,
               should
               have
               been
               employed
               in
               Covering
               it
               .
               And
               there
               be
               some
               ,
               in
               whom
               (
               though
               it
               be
               impossible
               Honesty
               should
               be
               a
               Fault
               in
               Society
               )
               their
               indiscreet
               managing
               of
               it
               ,
               makes
               it
               holden
               for
               a
               thing
               that
               's
               meerly
               a
               Vice
               ,
               a
               wonderful
               troublesome
               Companion
               .
            
             
               An
               Honest
               man
               is
               as
               neer
               an
               Aptitude
               to
               become
               a
               Friend
               ,
               as
               Gold
               is
               to
               become
               Coyne
               :
               he
               will
               melt
               with
               good
               Offices
               well
               done
               ,
               and
               will
               easily
               take
               the
               stampe
               of
               true
               Friendship
               ;
               and
               having
               once
               taken
               
               it
               ,
               though
               it
               may
               be
               bended
               and
               bruised
               ,
               yet
               still
               will
               keep
               his
               stamp
               clean
               without
               Rust
               or
               Canker
               ,
               and
               is
               not
               ashamed
               to
               be
               enclosed
               in
               it
               ,
               but
               is
               contented
               to
               have
               all
               his
               glory
               seen
               through
               it
               onely
               .
            
             
               It
               is
               of
               it self
               a
               Competent
               Estate
               of
               Vertue
               ,
               able
               to
               supply
               all
               necessary
               parts
               of
               it
               to
               a
               Man
               's
               own
               particular
               ,
               and
               a
               Man
               that
               is
               born
               to
               it
               ,
               may
               raise
               himself
               to
               an
               eminency
               in
               all
               Vertues
               ;
               though
               of
               it self
               it
               will
               not
               furnish
               a
               Man
               with
               the
               abilities
               of
               doing
               any
               glorious
               thing
               .
               It
               is
               pity
               that
               Honesty
               should
               be
               abstracted
               from
               the
               lustre
               of
               all
               other
               Vertues
               .
               But
               if
               there
               be
               such
               an
               Honesty
               ,
               the
               fittest
               Seat
               for
               it
               is
               the
               Countrey
               ,
               where
               there
               will
               be
               little
               need
               of
               any
               greater
               Ability
               ,
               and
               it
               will
               be
               least
               subject
               to
               Corruption
               .
               And
               therefore
               ,
               since
               it
               is
               the
               Foundation
               upon
               which
               a
               man
               may
               build
               that
               part
               of
               his
               life
               which
               respects
               Conversation
               ,
               he
               that
               builds
               upon
               it
               (
               let
               his
               actions
               be
               never
               so
               mean
               )
               shall
               be
               sure
               of
               a
               good
               ,
               though
               not
               of
               a
               great
               Reputation
               ;
               whereas
               letting
               it
               perish
               ,
               let
               the
               rest
               of
               the
               Building
               of
               his
               life
               be
               never
               so
               eminent
               ,
               it
               will
               serve
               but
               to
               make
               the
               ruine
               of
               his
               good
               Name
               more
               notorious
               .
            
             
               
               
                 Of
                 Ambition
                 .
              
               
                 LOve
                 ,
                 Honour
                 ,
                 and
                 Praise
                 are
                 the
                 greatest
                 Blessings
                 of
                 this
                 world
                 :
                 All
                 other
                 Contents
                 reflect
                 primarily
                 upon
                 the
                 Body
                 :
                 and
                 please
                 the
                 Soul
                 onely
                 because
                 they
                 please
                 some
                 one
                 or
                 more
                 Senses
                 .
                 But
                 those
                 therefore
                 only
                 delight
                 the
                 Senses
                 ,
                 because
                 the
                 Soul
                 by
                 discourse
                 was
                 first
                 pleased
                 with
                 them
                 .
                 For
                 in
                 it self
                 there
                 is
                 more
                 Musick
                 in
                 a
                 railing
                 Song
                 ,
                 thrust
                 upon
                 a
                 good
                 Ayre
                 ,
                 than
                 in
                 the
                 confused
                 Applause
                 of
                 the
                 multitude
                 .
                 But
                 because
                 the
                 Soul
                 ,
                 by
                 Discourse
                 ,
                 finds
                 this
                 Clamor
                 to
                 be
                 an
                 argument
                 of
                 the
                 estimation
                 which
                 those
                 that
                 so
                 Commend
                 it
                 have
                 of
                 it
                 ,
                 it
                 likes
                 it self
                 better
                 ,
                 and
                 rejoyceth
                 the
                 more
                 init
                 self
                 ,
                 because
                 it
                 sees
                 other
                 men
                 value
                 it
                 .
                 For
                 there
                 are
                 two
                 wayes
                 of
                 proving
                 ;
                 the
                 one
                 by
                 Reason
                 ,
                 and
                 the
                 other
                 by
                 Witness
                 ;
                 but
                 the
                 more
                 excellent
                 Proof
                 is
                 that
                 of
                 Reason
                 :
                 For
                 he
                 that
                 can
                 by
                 Reason
                 prove
                 any
                 thing
                 to
                 me
                 makes
                 his
                 knowledge
                 mine
                 ,
                 because
                 by
                 the
                 same
                 Reason
                 I
                 am
                 able
                 to
                 prove
                 it
                 to
                 another
                 :
                 But
                 if
                 20.
                 men
                 should
                 swear
                 to
                 me
                 they
                 saw
                 such
                 a
                 thing
                 ,
                 which
                 before
                 I
                 did
                 not
                 believe
                 ;
                 it
                 is
                 true
                 ,
                 I
                 should
                 alter
                 mine
                 opinion
                 ,
                 not
                 because
                 there
                 appeared
                 any
                 greater
                 likelihood
                 of
                 the
                 thing
                 ;
                 but
                 because
                 it
                 was
                 unlikely
                 that
                 so
                 many
                 men
                 should
                 lie
                 :
                 And
                 if
                 I
                 should
                 go
                 about
                 to
                 make
                 others
                 of
                 the
                 fame
                 opinion
                 ,
                 I
                 could
                 
                 not
                 doe
                 it
                 ,
                 by
                 telling
                 them
                 I
                 knew
                 it
                 ,
                 or
                 I
                 saw
                 it
                 ;
                 but
                 all
                 I
                 could
                 say
                 ,
                 were
                 ,
                 I
                 did
                 believe
                 it
                 ;
                 because
                 such
                 and
                 such
                 men
                 told
                 me
                 they
                 saw
                 it
                 .
                 So
                 in
                 the
                 Comfort
                 a
                 man
                 takes
                 of
                 himself
                 (
                 which
                 grows
                 out
                 of
                 the
                 consideration
                 of
                 how
                 much
                 it self
                 deserves
                 to
                 be
                 beloved
                 )
                 a
                 vertuous
                 wise
                 fellow
                 will
                 take
                 enough
                 Comfort
                 and
                 Joy
                 in
                 himself
                 (
                 though
                 by
                 Misfortune
                 he
                 is
                 troubled
                 to
                 carry
                 about
                 with
                 him
                 the
                 worlds
                 Ill
                 Opinion
                 )
                 by
                 discoursing
                 that
                 he
                 is
                 free
                 from
                 those
                 Slanders
                 that
                 are
                 laid
                 upon
                 him
                 ,
                 and
                 that
                 he
                 hath
                 those
                 Sufficiencies
                 and
                 Venues
                 which
                 others
                 deny
                 .
                 And
                 on
                 the
                 contrary
                 side
                 ,
                 he
                 without
                 deserving
                 it
                 (
                 having
                 the
                 good
                 Fortune
                 to
                 be
                 esteemed
                 and
                 honoured
                 )
                 will
                 easily
                 be
                 drawn
                 to
                 have
                 a
                 good
                 Opinion
                 of
                 himself
                 ;
                 as
                 ,
                 out
                 of
                 Modesty
                 ,
                 submitting
                 his
                 own
                 Reason
                 to
                 the
                 testimony
                 of
                 many
                 witnesses
                 .
              
               
                 Ambition
                 in
                 it self
                 is
                 no
                 Fault
                 ;
                 but
                 the
                 most
                 natural
                 Commendation
                 of
                 the
                 Soul
                 ,
                 as
                 Beautie
                 is
                 of
                 the
                 Bodie
                 :
                 It
                 is
                 in
                 Men
                 ,
                 as
                 Beauty
                 is
                 in
                 Women
                 .
                 For
                 ,
                 as
                 to
                 be
                 naturally
                 exceeding
                 handsome
                 ,
                 is
                 the
                 greatest
                 Commendation
                 of
                 that
                 Sex
                 ,
                 and
                 that
                 for
                 which
                 they
                 most
                 desire
                 to
                 be
                 Commended
                 ;
                 so
                 that
                 Ambition
                 by
                 which
                 Men
                 desire
                 Honour
                 the
                 natural
                 way
                 (
                 which
                 consists
                 in
                 doing
                 honourable
                 and
                 good
                 Acts
                 )
                 is
                 the
                 root
                 of
                 the
                 most
                 perfect
                 Commendation
                 that
                 a
                 Morall
                 Man
                 is
                 capable
                 of
                 .
              
               
               
                 Those
                 onely
                 offend
                 in
                 their
                 Ambition
                 ,
                 who
                 out
                 of
                 the
                 earthliness
                 of
                 their
                 minds
                 dare
                 not
                 aspire
                 to
                 that
                 true
                 Honor
                 which
                 is
                 the
                 estimation
                 of
                 a
                 man
                 ,
                 being
                 as
                 it
                 were
                 the
                 Temple
                 wherein
                 Vertue
                 is
                 inshrin'd
                 ;
                 And
                 therefore
                 settle
                 their
                 minds
                 onely
                 upon
                 attaining
                 Titles
                 and
                 Power
                 ;
                 which
                 at
                 the
                 first
                 were
                 ,
                 or
                 at
                 least
                 should
                 be
                 the
                 Mark
                 whereby
                 to
                 distinguish
                 men
                 according
                 to
                 the
                 Rate
                 of
                 their
                 Vertues
                 and
                 sufficiencies
                 ;
                 but
                 are
                 now
                 onely
                 Arguments
                 of
                 a
                 Mans
                 good
                 Fortune
                 ,
                 and
                 effects
                 of
                 the
                 Princes
                 favour
                 .
              
               
                 It
                 is
                 true
                 that
                 Power
                 is
                 a
                 brave
                 addition
                 to
                 a
                 worthy
                 Man
                 ;
                 but
                 a
                 Fool
                 ,
                 or
                 a
                 Knave
                 that
                 is
                 powerful
                 ,
                 hath
                 (
                 according
                 to
                 the
                 degree
                 of
                 his
                 Power
                 )
                 just
                 that
                 advantage
                 of
                 a
                 vertuous
                 prudent
                 man
                 ,
                 that
                 Adam
                 ,
                 before
                 he
                 fell
                 ,
                 had
                 of
                 the
                 Angels
                 that
                 stood
                 ;
                 an
                 Ability
                 to
                 do
                 more
                 ill
                 .
              
               
                 As
                 for
                 Titles
                 (
                 which
                 at
                 first
                 were
                 the
                 marks
                 of
                 Power
                 ;
                 and
                 the
                 Rewards
                 of
                 Vertue
                 )
                 they
                 are
                 now
                 (
                 according
                 to
                 their
                 name
                 )
                 but
                 like
                 the
                 Titles
                 of
                 Books
                 ,
                 which
                 (
                 for
                 the
                 most
                 part
                 )
                 the
                 more
                 glorious
                 things
                 they
                 promise
                 ,
                 let
                 a
                 Man
                 narrowly
                 peruse
                 them
                 over
                 ,
                 the
                 less
                 substance
                 he
                 shall
                 find
                 in
                 them
                 .
                 And
                 the
                 wooden
                 Lord
                 is
                 like
                 the
                 Logg
                 that
                 Jupiter
                 gave
                 the
                 Frogs
                 to
                 be
                 their
                 King
                 ;
                 it
                 makes
                 a
                 great
                 noise
                 ;
                 it
                 prepares
                 an
                 expectation
                 of
                 great
                 matters
                 ,
                 but
                 when
                 they
                 once
                 perceived
                 it
                 unactive
                 ,
                 and
                 senlesly
                 lying
                 still
                 ,
                 the
                 wiser
                 sort
                 of
                 Frogs
                 began
                 to
                 despise
                 
                 it
                 ,
                 and
                 (
                 in
                 fine
                 )
                 every
                 young
                 Frogling
                 presumed
                 to
                 leap
                 up
                 and
                 down
                 upon
                 it
                 .
              
               
                 Some
                 few
                 there
                 are
                 ,
                 who
                 (
                 least
                 the
                 species
                 of
                 our
                 antient
                 worthy
                 Lords
                 should
                 be
                 lost
                 )
                 do
                 preserve
                 in
                 themselves
                 the
                 will
                 and
                 desire
                 ,
                 since
                 they
                 want
                 the
                 means
                 ,
                 to
                 do
                 brave
                 and
                 worthy
                 Acts.
                 And
                 therefore
                 I
                 say
                 ,
                 let
                 a
                 Man
                 by
                 doing
                 worthy
                 Acts
                 deserve
                 honour
                 ,
                 and
                 though
                 he
                 do
                 not
                 attain
                 it
                 ,
                 yet
                 he
                 is
                 much
                 a
                 happier
                 man
                 than
                 he
                 that
                 gets
                 it
                 without
                 desert
                 .
                 For
                 such
                 a
                 man
                 is
                 before
                 hand
                 with
                 Reputation
                 ;
                 and
                 the
                 world
                 still
                 owes
                 him
                 that
                 honour
                 with
                 his
                 deserts
                 cry
                 for
                 ,
                 and
                 it
                 hath
                 not
                 paid
                 ;
                 VVhereas
                 that
                 man
                 that
                 hath
                 a
                 great
                 Reputation
                 ,
                 without
                 deserving
                 it
                 ,
                 is
                 behind-hand
                 with
                 the
                 world
                 ;
                 and
                 his
                 honour
                 is
                 but
                 lent
                 ,
                 not
                 paid
                 ;
                 And
                 when
                 the
                 world
                 comes
                 to
                 take
                 accompt
                 of
                 its
                 Applause
                 ,
                 and
                 finds
                 his
                 Title
                 of
                 Merit
                 (
                 by
                 which
                 he
                 pretends
                 to
                 it
                 )
                 weak
                 and
                 broken
                 ,
                 it
                 will
                 recall
                 it's
                 Approbation
                 ,
                 and
                 leave
                 him
                 by
                 so
                 much
                 the
                 more
                 a
                 notorious
                 Bankrupt
                 in
                 his
                 good
                 Name
                 ,
                 by
                 how
                 much
                 the
                 Estimation
                 of
                 his
                 Wealth
                 that
                 way
                 was
                 the
                 greater
                 .
              
            
             
               
                 Of
                 Fortitude
                 .
              
               
                 FOr
                 a
                 Man
                 to
                 be
                 compleatly
                 happy
                 there
                 is
                 required
                 the
                 Perfection
                 of
                 all
                 Morall
                 Virtues
                 ;
                 And
                 yet
                 this
                 is
                 not
                 enough
                 ;
                 
                 For
                 ,
                 Virtues
                 do
                 rather
                 banish
                 Misfortunes
                 ,
                 and
                 but
                 shew
                 us
                 Joy
                 ,
                 than
                 establish
                 Felicity
                 :
                 VVhich
                 is
                 not
                 onely
                 an
                 utter
                 Alienation
                 from
                 all
                 Affliction
                 ,
                 but
                 an
                 absolute
                 Fulness
                 of
                 Joy.
                 And
                 since
                 the
                 Soul
                 of
                 Man
                 is
                 infinitely
                 more
                 excellent
                 than
                 any
                 thing
                 else
                 it
                 can
                 meet
                 withal
                 in
                 this
                 VVorld
                 ,
                 nothing
                 upon
                 Earth
                 can
                 satisfie
                 it
                 ,
                 but
                 in
                 the
                 enjoying
                 of
                 the
                 greatest
                 Abundance
                 of
                 all
                 delights
                 that
                 the
                 most
                 nimble
                 witted
                 Man
                 can
                 frame
                 to
                 himself
                 ;
                 For
                 that
                 his
                 Soul
                 will
                 still
                 have
                 a
                 further
                 Desire
                 ,
                 as
                 unsatisfied
                 with
                 that
                 it
                 enjoyes
                 .
                 (
                 Therefore
                 the
                 Perfection
                 of
                 Happiness
                 consists
                 in
                 the
                 Love
                 of
                 God
                 ;
                 which
                 is
                 onely
                 able
                 to
                 fill
                 up
                 all
                 the
                 Corners
                 of
                 the
                 Soul
                 with
                 most
                 perfect
                 Joy
                 ;
                 and
                 consequently
                 to
                 fix
                 all
                 its
                 desires
                 upon
                 those
                 Celestial
                 Joyes
                 that
                 shall
                 never
                 be
                 taken
                 from
                 it
                 .
                 But
                 this
                 ,
                 as
                 it
                 cannot
                 be
                 obtained
                 by
                 Discourse
                 ,
                 but
                 by
                 unfeigned
                 Prayer
                 ,
                 and
                 the
                 Assistance
                 and
                 Illumination
                 of
                 Gods
                 Grace
                 ;
                 So
                 is
                 it
                 not
                 my
                 purpose
                 to
                 prick
                 at
                 it
                 .
                 And
                 for
                 that
                 part
                 of
                 Felicity
                 which
                 is
                 attained
                 to
                 by
                 moral
                 Virtue
                 ,
                 I
                 find
                 that
                 every
                 Virtue
                 gives
                 a
                 Man
                 Perfection
                 in
                 some
                 kind
                 ,
                 and
                 a
                 degree
                 of
                 Felicity
                 too
                 :
                 viz.
                 
              
               
                 Honesty
                 ,
                 gives
                 a
                 Man
                 a
                 good
                 Report
                 ;
              
               
                 Justice
                 ,
                 Estimation
                 and
                 Authority
                 ;
              
               
                 Prudence
                 ,
                 Respect
                 and
                 Confidence
                 ;
              
               
                 Courtesie
                 ,
                 and
                 Liberality
                 ,
                 Affection
                 ,
                 and
                 a
                 kind
                 of
                 Dominion
                 over
                 other
                 Men.
                 
              
               
               
                 Temperance
                 ,
                 Healthy
                 .
              
               
                 Fortitude
                 ,
                 a
                 quiet
                 Mind
                 ,
                 not
                 to
                 be
                 moved
                 by
                 any
                 Adversity
                 ,
                 and
                 a
                 Confidence
                 not
                 to
                 be
                 Circumvented
                 by
                 any
                 danger
                 .
              
               
                 So
                 that
                 all
                 other
                 Virtues
                 give
                 a
                 Man
                 but
                 an
                 outward
                 Happiness
                 ,
                 as
                 receiving
                 their
                 Reward
                 from
                 others
                 ;
                 onely
                 Temperance
                 doth
                 pretend
                 to
                 make
                 the
                 Body
                 a
                 Stranger
                 to
                 Pain
                 ,
                 both
                 in
                 taking
                 from
                 it
                 the
                 Occasion
                 of
                 Diseases
                 ,
                 and
                 making
                 the
                 outward
                 Inconveniences
                 of
                 VVant
                 ,
                 as
                 Hunger
                 and
                 Cold
                 ,
                 if
                 not
                 delightful
                 ,
                 at
                 least
                 suffareble
                 .
              
               
                 
                   Fr.
                   Walsingham
                   .
                
              
            
          
        
         
      
       
         
           
             
             
               A
               Brief
               DISCOURSE
               Concerning
               the
               Power
               of
               the
               PEERES
               AND
               COMMONS
               OF
               PARLIAMENT
               In
               point
               of
               JUDICATURE
               .
            
             
               Written
               by
               Sir
               
                 Robert
                 Cotton
              
               ,
               at
               the
               request
               of
               a
               Peer
               of
               this
               REALM
               .
            
             
               LONDON
               :
               Printed
               in
               the
               Year
               1672.
               
            
          
        
         
           
             
             
             
               A
               Brief
               DISCOURSE
               Concerning
               the
               POWER
               Of
               the
               PEERS
               ,
               &c.
               
            
             
               SIR
               ,
               To
               give
               you
               as
               short
               an
               accompt
               of
               your
               desire
               as
               I
               can
               ,
               I
               must
               crave
               leave
               ,
               to
               lay
               you
               ,
               as
               a
               ground
               ,
               the
               frame
               or
               first
               model
               of
               this
               State.
               
            
             
               When
               ,
               after
               the
               Period
               of
               the
               Saxon
               time
               Harold
               had
               lifted
               himself
               into
               the
               Royal
               Seat
               ,
               the
               great
               Men
               ,
               to
               whom
               but
               lately
               he
               was
               no
               more
               than
               equal
               either
               in
               fortune
               or
               power
               ,
               disdaining
               this
               Act
               of
               Arrogancy
               ,
               called
               in
               William
               ,
               then
               Duke
               of
               Normandy
               ,
               a
               Prince
               more
               active
               than
               any
               in
               these
               Western
               Parts
               ,
               and
               renowned
               for
               many
               Victories
               he
               had
               fortunately
               atchieved
               against
               the
               French
               
               King
               ,
               then
               the
               most
               potent
               Monarch
               of
               Europe
               .
            
             
               This
               Duke
               led
               along
               with
               him
               to
               this
               work
               of
               Glory
               ,
               many
               of
               the
               younger
               Sons
               of
               the
               best
               Families
               of
               
                 Normandy
                 ,
                 Picardy
              
               ,
               and
               Flanders
               ,
               who
               as
               Undertakers
               ,
               accompanied
               the
               Undertaking
               of
               this
               fortunate
               Man.
               The
               Usurper
               slain
               ,
               and
               the
               Crown
               by
               War
               gained
               ;
               To
               secure
               Certain
               to
               his
               Posterity
               what
               he
               had
               so
               suddenly
               gotten
               ,
               he
               shared
               out
               his
               purchase
               ,
               retaining
               in
               each
               County
               a
               portion
               to
               support
               the
               Dignity
               Soveraign
               ,
               which
               was
               stiled
               
                 Domenia
                 Regni
              
               ,
               now
               the
               antient
               Demeans
               ;
               And
               assigning
               to
               others
               his
               Adventurers
               such
               portions
               as
               suited
               to
               their
               quality
               and
               expence
               ,
               retaining
               to
               himself
               dependency
               of
               their
               personal
               service
               (
               except
               such
               Lands
               as
               in
               free
               Alms
               ,
               were
               the
               portion
               of
               the
               Church
               )
               these
               were
               stiled
               
                 Barones
                 Regis
              
               ,
               the
               Kings
               immediate
               Free-holders
               ;
               for
               the
               word
               Baro
               imported
               then
               no
               more
               .
            
             
               As
               the
               King
               to
               these
               ,
               so
               these
               to
               their
               followers
               sub-divided
               part
               of
               their
               shares
               into
               Knights
               Fees
               ;
               and
               their
               Tenants
               were
               called
               
                 Barones
                 Comites
              
               ,
               or
               the
               like
               ;
               for
               we
               find
               ,
               as
               the
               Kings
               write
               in
               their
               Writs
               ,
               
                 Baronibus
                 suis
                 &
                 Francois
                 &
                 Anglois
              
               ;
               the
               Soveraigns
               Gifts
               ,
               for
               the
               most
               part
               ,
               extending
               to
               whole
               Counties
               or
               Hundreds
               ,
               an
               Earl
               being
               Lord
               of
               the
               one
               ,
               and
               a
               Baron
               of
               the
               inferiour
               Donations
               
               to
               Lords
               of
               Townships
               or
               Mannors
               .
               AS
               thus
               the
               Land
               ,
               so
               was
               all
               course
               of
               Judicature
               divided
               ;
               even
               from
               the
               meanest
               to
               the
               highest
               portion
               ,
               each
               several
               had
               his
               Court
               of
               Law
               ,
               preserving
               still
               the
               manner
               of
               our
               Ancestors
               the
               Saxons
               ,
               who
               
                 jura
                 per
                 pagos
                 reddebant
              
               ;
               and
               these
               are
               still
               termed
               Court
               Barons
               ,
               or
               the
               Freeholders
               Court
               ,
               twelve
               usually
               in
               number
               ,
               who
               with
               the
               Thame
               or
               chief
               Lord
               were
               Judges
               .
               The
               Hundred
               was
               next
               ;
               where
               the
               Hundredus
               or
               Aldermanus
               ,
               Lord
               of
               the
               Hundred
               ,
               with
               the
               chief
               Lords
               of
               each
               Township
               within
               their
               limits
               judged
               .
            
             
               Gods
               People
               observed
               this
               form
               in
               the
               publique
               ,
               
                 Centuriones
                 &
                 Decani
                 judicabant
                 plebem
                 onni
                 tempore
                 .
              
               The
               County
               or
               
                 generale
                 placitum
              
               was
               the
               next
               ;
               This
               was
               ,
               so
               to
               supply
               the
               defect
               ,
               or
               remedy
               the
               Corruption
               of
               the
               Inferiour
               ,
               
                 Vbi
                 Curiae
                 Dominarum
                 probantur
                 defecisse
                 ,
                 pertinent
                 ad
                 Vicecomitem
                 Provinciarum
                 .
              
               The
               Judges
               here
               were
               
                 Comitos
                 ,
                 Vicecomites
                 ,
                 &
                 Barones
                 Comitatus
                 qui
                 liberas
                 in
                 eo
                 terras
                 h●bent
                 .
              
            
             
               The
               last
               and
               supream
               ,
               and
               proper
               to
               our
               question
               ,
               was
               
                 Gener
                 ale
                 Placitum
                 apud
                 London
                 ,
                 Vniversalis
                 Synodus
                 ,
              
               in
               Charters
               of
               the
               Conqueror
               ,
               
                 Capitalis
                 Curia
              
               ,
               by
               Glanvile
               .
               
               
                 Magnum
                 &
                 Commune
                 consilium
                 coram
                 Rege
                 &
                 Magnatibus
                 suis
                 .
              
               In
               the
               Rolls
               of
               Hen.
               the
               third
               ,
               it
               is
               not
               stative
               ,
               but
               summoned
               by
               Proclamation
               ;
               
                 Edicitur
                 generale
                 placitum
                 apud
                 London
              
               ,
               
               saith
               the
               Book
               of
               Abingdon
               ;
               whither
               
                 episcopi
                 ,
                 Duces
                 ,
                 Principes
                 ,
                 Satrapae
                 ,
                 Rectores
                 ,
                 &
                 Causidici
                 ex
                 omni
                 parte
                 confluxerunt
                 ad
                 istan
                 Curiam
                 ,
              
               saith
               Glanville
               ,
               Causes
               were
               referred
               
                 propter
                 aliquam
                 dubitationem
                 quae
                 emergit
                 in
                 Conitatu
                 ,
                 cum
                 Comitatus
                 nescit
                 dijudicare
                 .
              
               Thus
               did
               Ethelweld
               Bishop
               of
               Winton
               transfer
               his
               Suit
               against
               Leoftine
               from
               the
               County
               ,
               
                 ●d
                 generale
                 placitum
              
               ,
               
               in
               the
               time
               of
               King
               Ethildred
               :
               Queen
               Edgin
               against
               Goda
               from
               the
               County
               appealed
               to
               King
               Etheldred
               at
               
                 London
                 ,
                 Congregatis
                 principibus
                 &
                 sapientibus
                 Aogliae
                 .
              
               A
               Suit
               between
               the
               Bishops
               of
               Winton
               and
               Durham
               ,
               in
               the
               time
               of
               Saint
               
                 Edward
                 ,
                 Coram
                 Episcopis
                 &
                 Principibus
                 Regni
                 in
                 praesfentia
                 Regis
                 ,
                 ventilata
                 &
                 finita
                 .
              
               In
               the
               10.
               year
               of
               the
               Conqueror
               ,
               
                 Episcopi
                 ,
                 Comites
                 ,
                 &
                 Barones
                 Regia
                 potestate
                 e
                 diversis
                 Provinciis
                 ad
                 universalem
                 Synodum
                 pro
                 causis
                 audiendis
                 &
                 tractandis
                 convocati
                 ,
              
               saith
               the
               Book
               of
               Westminster
               ,
               and
               this
               continued
               all
               along
               in
               the
               succeeding
               Kings
               Reigns
               until
               towards
               the
               end
               of
               Henry
               the
               third
               .
            
             
               As
               this
               great
               Court
               or
               Councel
               consisting
               of
               the
               King
               and
               Barons
               ,
               ruled
               the
               great
               affairs
               of
               State
               ,
               and
               controlled
               all
               inferiour
               Courts
               ,
               so
               were
               there
               certain
               Officers
               ,
               whose
               transcendent
               power
               seemed
               to
               be
               set
               to
               bound
               in
               the
               execution
               of
               Princes
               Wills
               ;
               as
               the
               Steward
               ,
               Constable
               ,
               and
               Marshal
               ,
               fixed
               upon
               
               Families
               in
               Fee
               for
               many
               Ages
               :
               They
               as
               Tribunes
               of
               the
               People
               ,
               or
               Ephori
               amongst
               the
               Athenians
               ,
               grown
               by
               an
               unmannerly
               Carriage
               ,
               fearful
               to
               Monarchy
               ,
               fell
               at
               the
               Feet
               and
               mercy
               of
               the
               King
               ,
               when
               the
               daring
               Earl
               of
               Leicester
               was
               slain
               at
               Eversham
               .
               This
               Chance
               ,
               and
               the
               dear
               experience
               Henry
               the
               third
               himself
               had
               made
               at
               the
               Parliament
               at
               Oxford
               in
               the
               40.
               year
               of
               his
               Reign
               ,
               and
               the
               memory
               of
               the
               many
               streights
               his
               Father
               was
               driven
               unto
               ,
               especially
               at
               Runny-mead
               near
               Stanes
               ,
               brought
               this
               King
               wisely
               to
               begin
               what
               his
               Successors
               fortunately
               finished
               ,
               in
               lessening
               the
               strength
               and
               power
               of
               his
               great
               Lords
               .
               And
               this
               was
               wrought
               by
               searching
               into
               the
               Regality
               they
               had
               usurped
               over
               their
               peculiar
               Soveraigns
               (
               whereby
               they
               were
               (
               as
               the
               Book
               at
               St.
               Albans
               tearmeth
               them
               )
               
                 Quot
                 Domini
                 tot
                 Tyranni
              
               )
               and
               by
               weakening
               that
               hand
               of
               power
               which
               they
               carried
               in
               the
               Parliaments
               ,
               by
               commanding
               the
               service
               of
               many
               Knights
               ,
               Citizens
               ,
               and
               Burgesses
               to
               that
               great
               Councel
               .
               Now
               began
               the
               frequent
               sending
               of
               Writs
               to
               the
               Commons
               ,
               their
               assents
               not
               only
               used
               in
               Money
               ,
               Charge
               ,
               and
               making
               Laws
               (
               for
               before
               all
               Ordinances
               passed
               by
               the
               King
               and
               Peers
               )
               but
               their
               consent
               in
               Judgements
               of
               all
               natures
               ,
               whether
               Civil
               or
               Criminal
               .
               In
               proof
               whereof
               I
               will
               produce
               some
               few
               succeeding
               Presidents
               out
               of
               Record
               .
            
             
             
               When
               Adomar
               that
               proud
               Prelate
               of
               Winchester
               ,
               
               the
               Kings
               half
               Brother
               ,
               had
               grieved
               the
               State
               with
               his
               daring
               power
               ,
               he
               was
               exised
               by
               joynt
               sentence
               of
               the
               King
               ,
               the
               Lords
               ,
               and
               Commons
               ;
               and
               this
               appeareth
               expresly
               by
               the
               Letter
               sent
               by
               Pope
               Alexander
               the
               fourth
               expostulating
               a
               revocation
               of
               him
               from
               Banishment
               ,
               because
               he
               was
               a
               Church-man
               ,
               and
               so
               not
               subject
               to
               Lay
               Censures
               .
               In
               this
               ,
               the
               Answer
               is
               ,
               
                 Si
                 Dominus
                 Rex
                 &
                 Regni
                 majores
                 hoc
                 vellent
                 ,
              
               meaning
               his
               revocation
               ,
               
                 Communitas
                 tamen
                 ipsius
                 ingressum
                 in
                 Angliam
                 jam
                 nullatenus
                 sustineret
                 .
              
               The
               Peers
               subsign
               this
               Answer
               with
               their
               names
               ,
               and
               
                 Petrus
                 de
                 Montford
                 vice
                 totius
                 Communitatis
                 ,
              
               as
               Speaker
               or
               Proctor
               of
               the
               Commons
               ;
               For
               by
               this
               stile
               Sir
               
                 J.
                 Tiptoft
              
               Prolocutor
               affirmeth
               under
               his
               Arms
               the
               Deed
               of
               entaile
               of
               the
               Crown
               by
               King
               Henry
               4.
               
               in
               the
               8.
               year
               of
               his
               Reign
               ,
               for
               all
               the
               Commons
               .
            
             
               The
               Banishment
               of
               the
               two
               Spencers
               in
               15.
               
               E.
               2.
               
               
                 Praelati
                 Comites
                 &
                 Barones
                 &
                 les
                 autres
                 Peeres
                 de
                 la
                 terre
                 &
                 Commons
                 de
                 Roialme
                 ,
              
               
               give
               Consent
               and
               Sentence
               to
               the
               Revocation
               and
               Reversement
               of
               the
               former
               Sentence
               ;
               the
               Lords
               and
               Commons
               accord
               ,
               
               and
               so
               it
               is
               expressed
               in
               the
               Roll.
               
            
             
               In
               the
               first
               of
               Edward
               the
               third
               ,
               
               when
               Elizabeth
               the
               Widdow
               of
               Sir
               
                 John
                 de
                 Burgo
              
               Complained
               in
               Parliament
               ,
               that
               
               
                 Hugh
                 Spencer
              
               the
               younger
               ,
               
                 Robert
                 Baldock
              
               ,
               and
               
                 William
                 Cliffe
              
               his
               Instruments
               ,
               had
               by
               duress
               forced
               her
               to
               make
               a
               writing
               to
               the
               King
               ,
               whereby
               she
               was
               dispoiled
               of
               all
               her
               inheritance
               ,
               Sentence
               was
               given
               for
               her
               in
               these
               words
               .
               
                 Pur
                 ceo
                 que
                 avis
                 est
                 al
                 Evesques
                 Counts
                 &
                 Barones
                 &
                 autres
                 Grandes
                 &
                 a
                 tout
                 Cominalte
                 de
                 la
                 terre
                 ,
                 que
                 le
                 dit
                 escript
                 est
                 fait
                 contre
                 ley
                 ,
                 &
                 tout
                 manere
                 de
                 raison
                 si
                 fuist
                 le
                 dit
                 escript
                 per
                 agard
                 delparliam
                 .
                 dampue
                 elloques
                 al
                 livre
                 ala
                 dit
                 Eliz.
                 
              
            
             
               In
               the
               4th
               .
               of
               Edward
               3.
               it
               appears
               by
               a
               Letter
               to
               the
               Pope
               ,
               that
               to
               the
               Sentence
               given
               against
               the
               Earl
               of
               Kent
               ,
               the
               Commons
               were
               parties
               as
               well
               as
               the
               Lords
               and
               Peers
               ;
               for
               ,
               the
               King
               directed
               their
               proceedings
               in
               these
               words
               ;
               
                 Comitibus
                 ,
                 Magnatibus
                 ,
                 Baronibus
                 ,
                 &
                 aliis
                 de
                 Communitate
                 dicti
                 Regni
                 as
                 Parliamentum
                 illud
                 congregates
                 iu●unximus
                 ,
                 ut
                 super
                 his
                 discernerent
                 &
                 judicarent
                 quod
                 ratione
                 &
                 justitiae
                 conveniret
                 ,
                 habere
                 prae
                 oculis
                 ,
                 solum
                 Deum
                 qui
                 cum
                 concordi
                 &
                 unaenimi
                 sementia
                 tanquam
                 reum
                 criminis
                 laesoe
                 majestatis
                 morti
                 abjudicarent
                 ejus
                 sententia
                 ,
              
               &c.
               
            
             
               When
               in
               the
               50th
               .
               
               of
               E.
               3.
               the
               Lords
               had
               pronounced
               the
               Sentence
               against
               
                 Richard
                 Lyons
              
               .
               otherwise
               than
               the
               Commons
               agreed
               ;
               they
               appealed
               to
               the
               King
               ,
               and
               had
               redress
               ,
               and
               the
               Sentence
               entred
               to
               their
               desires
               .
            
             
               When
               in
               the
               first
               year
               of
               R.
               2.
               
               
               
                 William
                 
                 Weston
              
               ,
               and
               
                 John
                 Jennings
              
               were
               arraigned
               in
               Parliament
               ,
               for
               surrendring
               certain
               Forts
               of
               the
               Kings
               ,
               the
               Commons
               were
               parties
               to
               the
               Sentence
               against
               them
               given
               ,
               as
               appeareth
               by
               a
               Memorandum
               annexed
               to
               that
               Record
               .
            
             
               In
               I
               H.
               4.
               although
               the
               Commons
               refer
               by
               protestation
               ,
               
               the
               pronouncing
               the
               sentence
               of
               deposition
               against
               King
               Richard
               the
               Second
               ,
               unto
               the
               Lords
               ,
               yet
               are
               they
               equally
               interessed
               in
               it
               ,
               as
               appeareth
               by
               the
               Record
               ,
               for
               there
               are
               made
               Proctors
               or
               Commissioners
               for
               the
               whole
               Parliament
               ,
               one
               Bishop
               ,
               one
               Earl
               ,
               one
               Abbot
               ,
               one
               Barronet
               ,
               and
               Two
               Knights
               ,
               Gray
               and
               Erpingham
               ,
               for
               the
               Commons
               ;
               and
               to
               infer
               ,
               that
               because
               the
               Lords
               pronounced
               the
               sentence
               the
               point
               of
               Judgment
               should
               be
               only
               theirs
               ,
               were
               as
               absurd
               ,
               as
               to
               conclude
               that
               no
               authority
               was
               left
               in
               any
               other
               Commissioner
               of
               Oyer
               and
               Terminer
               than
               in
               the
               person
               of
               that
               man
               solely
               that
               speaketh
               the
               Sentence
               .
            
             
               In
               the
               Second
               of
               Hen.
               
               the
               5th
               the
               Petitions
               of
               the
               Commons
               importeth
               no
               less
               than
               a
               Right
               they
               had
               to
               act
               and
               assent
               to
               all
               things
               in
               Parliament
               ;
               and
               so
               it
               is
               Answered
               by
               the
               King.
               And
               had
               not
               the
               Journal
               Roll
               of
               the
               Higher
               House
               been
               left
               ▪
               to
               the
               sole
               entry
               of
               the
               Clerk
               of
               the
               upper
               house
               ,
               who
               ,
               either
               out
               of
               neglect
               to
               observe
               due
               form
               ,
               or
               out
               of
               purpose
               to
               obscure
               the
               Commons
               right
               ,
               
               and
               to
               flatter
               the
               power
               of
               those
               he
               immediately
               served
               ,
               there
               would
               have
               bin
               frequent
               examples
               of
               all
               times
               to
               clear
               this
               doubt
               ,
               and
               to
               preserve
               a
               just
               Interest
               to
               the
               Commonwealth
               .
               And
               how
               conveniently
               it
               suits
               with
               Monarchy
               to
               maintain
               this
               form
               ,
               lest
               others
               of
               that
               well-framed
               body
               ,
               knit
               tinder
               one
               head
               ,
               should
               swell
               too
               great
               and
               monstrous
               ,
               it
               may
               be
               easily
               thought
               .
               For
               ,
               Monarchy
               again
               may
               sooner
               groan
               under
               the
               weight
               of
               an
               Aristocracy
               ,
               as
               it
               once
               did
               ,
               then
               under
               a
               Democracy
               ,
               which
               it
               never
               yet
               either
               felt
               or
               feared
               .
            
             
               
                 R
                 :
                 C
                 :
                 B.
                 
              
            
             
               FINIS
               .
            
          
        
         
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A34709-e990
           
             Titus
             Livius
             2.
             doc
             .
          
           
             Livius
             .
          
           
             Acta
             Triden
             .
             Concil
             .
          
           
             August
             .
             de
             legibus
             Antiq.
             Roman
             .
          
           
             Benedict
             .
             in
             vita
             Hen.
             2.
             
          
           
             Record
             .
             in
             
               Scaccar
               .
               W●st
               .
               Claus
               .
               Edw.
               ●
               .
            
          
           
             Lewes
             in
             the
             Paper
             Chart.
             1523
             :
          
        
         
           Notes for div A34709-e2210
           
             William
             the
             Conqueror
             .
          
           
             Malmsbury
             .
          
           
             Ex
             lib.
             feod
             .
             in
             Scacc.
             
          
           
             Hen.
             1.
             
             Ex
             lib.
             pub
             .
             in
             Scacc.
             
          
           
             Chron.
             de
             Dunstable
             .
          
           
             Mat.
             Paris
             Benedictus
             Monachus
             in
             vita
             Hen.
             2.
             
          
           
             Gervas
             .
             Dorch
             .
             Roger
             Wend●ver
             .
          
           
             King
             John.
             
          
           
             Claus
             .
             6
             Iob.
             in
             3.
             
             Dorso
             .
          
           
             Petit.
             18.
             
          
           
             Hen.
             3.
             
          
           
             Claus
             .
             49.
             
             Hen.
             3.
             in
             11.
             
             Dors
             .
          
           
             Edw.
             1.
             
          
           
             Ex
             Rot.
             Parl.
             in
             Archivis
             London
             .
          
           
             Claus
             .
             9.
             
             Edw.
             1
             .
             in
             12.
             
          
           
             Rot.
             Parl.
             Anno
             7
             Edw.
             1.
             
          
           
             Claus
             .
             7
             Edw.
             1.
             in
             3.
             
             Dors
             .
             Claus
             .
             34.
             
             Ed.
             1.
             in
             dors
             .
          
           
             Edw.
             2.
             
          
           
             Claus
             ,
             1
             Edw.
             2.
             in
             19.
             in
             dors
             .
             Claus
             6
             Ed.
             2.
             in
             3.
             in
             dors
             .
             Claus
             .
             8.
             in
             3.
             in
             dors
             .
          
           
             Claus
             .
             13
             E.
             2.
             in
             13.
             in
             dors
             .
             Claus
             16.
             
             E.
             2.
             in
             27.
             in
             dors
             .
          
           
             Ddw
             .
             3.
             
             Claus
             .
             1
             Ed.
             3.
             in
             dors
             .
          
           
             Rot.
             Parl.
             5
             Edw.
             3.
             
          
           
             Parl.
             6
             Ed.
             3.
             
          
           
             Rot.
             Parl.
             6
             Ed.
             3.
             
             Saff
             .
             2.
             in
             6.
             
          
           
             Rot.
             Parl.
             7
             Ed.
             3.
             
          
           
             Rot.
             Parl.
             7
             E.
             3.
             
             Sess
             .
             2.
             
             Parl.
             7
             E.
             3.
             in
             6.
             
          
           
             Rot.
             Parl.
             13
             E.
             3.
             
          
           
             Rot.
             Parl.
             13
             E.
             3.
             
             Sess
             .
             2.
             
          
           
             Parl.
             14.
             
             E.
             3.
             
          
           
             Rot.
             Parl.
             18
             E.
             3.
             
          
           
             Ro.
             Parl.
             21
             E.
             3.
             
          
           
             Parl.
             25
             E.
             3.
             
          
           
             Parl.
             27
             E.
             3.
             
          
           
             Parl.
             27
             E.
             3.
             
          
           
             Parl.
             29
             E.
             3.
             
          
           
             Pa●l
             .
             36
             E.
             3.
             
          
           
             Parl.
             40
             E.
             3.
             
             King
             John.
             
          
           
             Parl.
             43
             E.
             3.
             
          
           
             Parl.
             45
             E.
             3.
             
          
           
             Parl.
             46
             E.
             3.
             
          
           
             Par.
             50
             Ed.
             3.
             
          
           
             Rich.
             2.
             
          
           
             Par.
             1
             Rich.
             2.
             in
             5
             &
             6.
             
          
           
             Parl.
             1
             Rich.
             2
             in
             7.
             
          
           
             Parl.
             3
             Rich.
             2.
             in
             4.
             
             &
             5.
             
          
           
             Par.
             4
             Rich.
             2.
             n
             2
             &
             3.
             
          
           
             Parl.
             5
             Rich.
             2.
             in
             3.
             
          
           
             Parl.
             5.
             
             Sess
             .
             2.
             
          
           
             Parl.
             6.
             
             Rich.
             2.
             
          
           
             Parl.
             6
             Sess
             .
             2.
             
          
           
             Par.
             7
             Rich.
             2.
             
          
           
             Parl.
             7
             Sess
             .
             2.
             
          
           
             Par.
             8
             Rich.
             2.
             
          
           
             Claus
             .
             9
             Rie
             .
             2.
             
          
           
             Par.
             10
             Rich.
             2.
             
          
           
             Parl.
             13
             Ric.
             2.
             
          
           
             Rot.
             Claus
             .
             13.
             
             Ric.
             2.
             
          
           
             Far.
             14
             Ric.
             2.
             
          
           
             Parl.
             17
             Ri.
             2.
             
          
           
             Henry
             4.
             
          
           
             Parl.
             5.
             
             Hen.
             4.
             
             Parl.
             6.
             
             Hen.
             4.
             
             Parl.
             7.
             
             &
             8.
             
             Hen.
             4.
             in
             19
             &
             20.
             
          
           
             Claus
             .
             7
             H.
             4.
             
          
           
             ln
             33.
             
          
           
             In
             57.
             
          
           
             In
             59.
             
          
           
             Hen.
             5.
             
          
           
             Parl.
             1
             Hen.
             5.
             
             In
             2.
             
          
           
             In
             4.
             
          
           
             Parl.
             2
             Hen.
             5.
             
          
           
             Parl.
             3
             Hen.
             5.
             
          
           
             Parl.
             4
             &
             5.
             
             Hen.
             5.
             
          
           
             Parl.
             5
             Hen.
             5.
             
          
           
             Parl.
             7
             Hen.
             5.
             
          
           
             Hen.
             6.
             
             Rot.
             Parl.
             2
             Hen.
             6.
             
          
           
             Rot.
             Pa
             3
             H.
             6.
             
          
           
             Rot.
             Pa.
             9
             H.
             6.
             
          
           
             Rot.
             Parl.
             14
             Hon.
             6.
             
          
           
             Rot.
             Parl.
             15
             Hen.
             6.
             
          
           
             Parl.
             20
             H.
             6.
             
          
           
             Parl.
             23
             H.
             6.
             
          
           
             Rot.
             Parl.
             25
             Hen.
             6.
             in
             3.
             
          
           
             N.
             6.
             
          
           
             Parl.
             27
             H.
             6.
             
          
           
             Parl.
             29
             H.
             6.
             
          
           
             Parl.
             33
             H.
             6.
             
          
           
             Edward
             4.
             
             Parl.
             7.
             
             E.
             4.
             
          
           
             Parl.
             12
             E.
             4.
             
          
           
             Henry
             7.
             
             Rot.
             Parl.
             1
             Hen.
             7.
             
          
           
             Henry
             8.
             
             Parl.
             3
             H
             8.
             
          
           
             Rot.
             Parl
             32.
             
             Hen.
             8.
             
          
           
             Ex
             iustrumen
             .
             Orig.
             
          
           
             Tractat.
             matrimonial
             .
             1510.
             
          
           
             Ex
             literis
             orig
             .
             legator
             .
          
           
             Ex
             tract
             .
             Hen.
             8.
             
             &
             Maximilian
             .
             1511.
             
          
           
             Ex
             tract
             .
             orig
             .
          
           
             Ex
             tract
             .
             orig
             .
          
           
             Ex
             liiteris
             Ric.
             Pace
             Legat.
             Reg.
             Anglia
             .
          
           
             Ex
             literis
             Car.
             Sedunensis
             .
          
           
             Ex
             literis
             Carol
             .
             Reg.
             Hisp
             .
          
           
             Ex
             literis
             ,
             Car.
             Imperat.
             original
             .
          
           
             Extract
             .
             Wind.
             1522.
             
             Ex
             instru
             .
             orig
             .
             jurament
             .
          
           
             Ex
             literis
             Richardi
             ●ace
             ,
             &
             lohannis
             Russel
             .
          
           
             Ex
             tract
             Madristensi
             526.
             
             Ex
             Rot.
             Com.
             Russel
             &
             Pace
             .
          
           
             Ex
             iustru
             .
             orig
             .
             Carol.
             5.
             
          
           
             Ex
             instru
             H.
             8.
             
             Bryano
             &
             Gardinen
             .
          
           
             Ex
             literis
             Cuthb
             Tunstall
             Epis
             Lon-Legat
             .
             Hen.
             8.
             in
             Hispan
             .
             Ex
             protestat
             .
             orig
             .
             Toledonensi
             ●arl
             .
          
           
             Ex
             literis
             Car.
             Wolsey
             &
             Creg
             .
             Lusathis
             .
             Ex
             Instru
             .
             Signat
             .
             Ch.
             Im.
             Gonzado
             Ferdinand
             .
             Capel
             .
             suo
             dat
             .
             24
             Feb.
             ●x
             lib.
             N
             N.
             N.Dom.
             Car.
             
          
           
             Ex
             literis
             interce●t
             .
             à
             Com.
             Northumb.
             Custo●
             .
             March.
             Scotiae
             .
             Extract
             .
             orig
             .
             in
             Arch.
             Wost
             .
             ●x
             tract
             .
             Cambrens
             .
             1529.
             
          
        
         
           Notes for div A34709-e7440
           
             Ex
             Consiliis
             Reg.
             Saxon.
             Cantuar.
             Gla●vil
             .
             lib.
             Ely.
             
          
           
             Leges
             Etherlredi
             .
             Ingulphus
             .
          
           
             Croylandensis
             .
             Registra
             Monaster
             .
          
           
             Palatium
             Regale
             .
             Westm.
             
          
           
             Regist.
             Eliensis
             .
          
           
             Annales
             Monasteriorum
             .
          
           
             Liber
             de
             Rollo
             .
          
           
             Regist.
             de
             Wig.
             
          
           
             Iohannes
             Eversden
             .
          
           
             Mathew
             Paris
             .
             Hoveden
             .
          
           
             Bracton
             .
          
           
             Glanvill
             .
          
           
             Fleta
             .
          
           
             Modus
             tenendi
             Parliament
             .
          
           
             Ex
             Registris
             Council
             .
             Cantuariae
             .
          
           
             Ex
             Consilio
             Withredi
             Regist.
             
          
           
             Ex
             Synodis
             &
             legibus
             Alfredi
             Ethelredi
             ,
             Edgari
             .
          
           
             Ex
             Registr
             .
             Elien
             .
          
           
             Ex
             Registr
             .
             Abigtounessi
             .
             Chronicon
             de
             Waverley
             .
          
           
             Gesta
             Sancti
             Edwardi
             Galice
             .
          
           
             Alured
             .
             Rivalensis
             ,
             vita
             Edwardi
             Confessoris
             .
          
           
             Regist.
             Cantuarien
             .
          
           
             Regist.
             Sancti
             Edmundi
             .
          
           
             Walterus
             Mape
             de
             nugis
             curialium
             .
          
           
             Hen.
             Huntingdon
             .
          
           
             Malmsbury
             .
          
           
             Vita
             Tho
             Cantuar
             per
             Fitz-Stephanum
             .
             Gesta
             Hen.
             2
             .
             Benedictio
             Abb.
             Authore
             .
          
           
             Regist.
             Monast
             .
             de
             Belto
             .
          
           
             Regist
             ,
             Lincoln
             .
          
           
             Liber
             Burtoni
             ens
             .
             Monasterii
             
          
           
             Rot.
             Clans
             .
             Anno
             59.
             
             E.
             ●
             .
          
           
             Rot.
             Parl.
             15.
             
             Edw.
             2.
             
          
           
             Rot.
             Parl.
             4.
             
             Edw.
             3.
             
          
           
             Rot.
             Parl.
             Anno
             5.
             
             Edw.
             3.
             
          
           
             Rot.
             Parl.
             Anno
             15.
             
             Edw.
             3.
             
          
           
             Rot.
             Pa●l
             .
             Anno
             17.
             
             Edw.
             3.
             
          
           
             Chronicon
             Henrici
             Knighton
             .
          
           
             Rot.
             Parl.
             Anno
             1.
             
             Hen.
             4.
             
          
           
             Rot.
             Parl.
             Anno
             2.
             
             Hen.
             4.
             
          
           
             Rot.
             Parl.
             10.
             
             Hen.
             4.
             
          
           
             Anno
             2.
             
             Hen.
             4.
             
             Rot.
             Parl.
             
          
           
             Rot.
             Parl.
             Anno
             4.
             
             Hen.
             4.
             
          
           
             Rot.
             Parl.
             Anno
             5.
             
             Hen.
             4.
             
          
           
             Rot.
             Parl.
             Anno
             27.
             
             H.
             6.
             
          
           
             Rot.
             Parl.
             Anno
             28.
             
             Hen.
             6.
             
          
           
             Rot.
             Parl.
             Anno
             Edw.
             4.
             
          
           
             Registrum
             Cralanden
             .
          
           
             Ex
             Chartis
             Anno
             12.
             
             H.
             7.
             
          
           
             Ex
             Regist
             .
             Camera
             Stellata
             .
          
           
             Ex
             Annalibus
             Fleetwood
             Recordat
             .
             London
             .
          
           
             Memorial
             .
             
               E.
               6.
            
             propria
             man●
             .
          
        
         
           Notes for div A34709-e10000
           
             Combat
             .
             Ex
             lib.
             3.
             
             Const
             .
             Car.
             magni
             de
             testibus
             .
          
           
             Bract.
             l.
             3.
             c.
             18.
             fol.
             137.
             tit
             .
             Corona
             .
          
           
             Leges
             Lombard
             .
             fol.
             17.
             b.
             Lu●●prand●
             Rege
             .
             Pr●pter
             consuetudin●m
             gent.
             legem
             impiam
             vitare
             non
             possumus
             .
          
           
             De
             Papin
             .
             Hist.
             l.
             9.
             c.
             11.
             
             Lib.
             5.
             
             Decret
             .
             2.
             part
             .
             ca.
             1.
             qu.
             40.
             
          
           
             Rich.
             1.
             
             Parl.
             Anno
             20.
             
          
           
             20
             E.
             1.
             
             Pat
             18.
             
             E.
             3.
             in
             44.
             part
             2.
             
          
           
             Pat.
             part
             3.
             
             Anno
             19.
             
             R.
             2.
             m
             16.
             
          
           
             Pat.
             Anno
             5.
             
             H.
             4.
             m.
             8.
             
          
           
             Lactan.
             divin
             .
             Instit.
             cap.
             6.
             
          
           
             St.
             Cyp.
             l.
             1.
             
             Ep.
             2.
             
          
           
             Euseb
             .
             in
             vita
             Constant
             .
             l.
             3.
             
             Zocomen
             .
             l.
             1.
             c.
             8.
             
          
           
             l.
             2.
             
             Cod.
             &
             Glad
             .
             Ex
             Cod.
             Theo●os
             .
             l.
             5.
             c.
             26.
             
          
           
             F●colinus
             de
             Brackland
             cap.
             12.
             
             H
             1.
             
          
           
             2.
             
             Part.
             pat
             .
             8.
             
             R.
             2.
             
             Memb.
             8.
             
             Rot.
             Vascon
             .
             Anno
             9.
             
             H.
             4.
             
          
           
             ●lacita
             coram
             Rege
             22
             E.
             1.
             
          
           
             Bract.
             l.
             3
             c.
             21
             Anno.
             17
             E.
             3.
             
             &
             Anno.
             9
             H.
             4.
             
          
           
             Ex
             Consuetud
             .
             Duc.
             Norman
             .
             cap.
             68.
             
          
           
             Tit.
             de
             Equela
             multri
             fol.
             145.
             
          
           
             Breve
             Reg.
             orig
             .
             apud
             R.
             G.
             C.
             
          
           
             Reports
             Anno
             1
             H.
             6.
             
             Dyer
             Anno
             13
             Eliz.
             
          
           
             Rog.
             ●ovodeden
             &
             Adam
             Merimuth
             in
             vita
             E.
             3.
             
          
           
             Rot.
             Fran.
             Anno
             7
             R.
             2.
             m.
             21.
             
          
           
             Compane
             de
             la
             faughe
             Regali
             &
             Spagna
             .
             f●
             110.
             
          
           
             Joan.
             de
             Molina
             Chron.
             de
             Loy●
             Reg.
             de
             Aragon
             .
             fol.
             43.
             
             Balla
             Martini
             5.
             dat
             in
             Kal.
             Maij
             Anno
             ●ontific
             .
             8.
             
          
           
             ●lacita
             anno
             29.
             
             &
             31
             E.
             1.
             
          
           
             Rot.
             claus
             .
             anno
             19
             R.
             2.
             dat
             .
             26
             Feb.
             
          
           
             Claus
             in
             dorso
             19
             R.
             2.
             
          
           
             Com.
             St.
             Alban
             .
             22
             R.
             2.
             
          
           
             2.
             
             Pars
             pat
             .
             anno
             8
             R.
             2.
             
             Rot
             Vascon
             .
             anno
             9
             H.
             4.
             m.
             14.
             
          
           
             Placita
             coram
             Rege
             .
             22
             E.
             1.
             
          
           
             Rot.
             Parl.
             anno
             23
             E.
             1
             .
          
           
             Pat.
             in
             dors
             .
             4
             H
             3.
             
             Conc.
             Trid.
             Sess
             9.
             
             T
             it
             Decreta
             Reform
             .
             Ex
             Con.
             Biturien
             .
             fol
             1022.
             
             Claus
             ,
             anno
             3.
             
             E.
             1.
             m.
             2.
             
          
           
             Parl
             anno
             24
             H.
             6.
             
          
           
             Placita
             de
             quo
             Warrant●
             anno
             8
             R.
             ●
             .
             Sussex
             .
          
           
             Placita
             coram
             Rege
             Trin.
             33
             E.
             1.
             
          
           
             Ex
             lege
             Longi
             bard
             .
             45.
             circa
             annum
             8●●
             
          
        
         
           Notes for div A34709-e12420
           
             Rodericus
             Sanctius
             .
             pag
             312.
             
          
           
             Beda
             .
          
           
             Baronius
             .
          
           
             Dorothaeus
             .
          
           
             Beda
             .
          
           
             Baronius
             &
             Donaco
             Constantini
             .
          
           
             In
             inscriptionibus
             antiquis
             .
          
           
             Easci●ulus
             temporis
             .
          
           
             Tarapha
             .
          
           
             Tarapha
             .
          
           
             Eulogium
             lib.
             5
             
          
           
             Ex
             legibus
             Sancti
             Edwardi
             .
          
           
             Ex
             legibus
             Cenuti
             .
          
           
             Bracton
             .
          
           
             Baldus
             .
          
           
             Malmsbury
             .
          
           
             Ex
             Eug●bino
             .
          
           
             Ex
             Ranolpho
             N●gro
             .
          
           
             Malmsbury
             .
          
           
             Ex
             libro
             B●rn
             wellensis
             Caenobiae
             .
          
           
             Platina
             .
          
           
             Corsettus
             .
          
           
             Ex
             lib.
             Sacrarum
             Ceremoniar
             .
          
           
             Virgilius
             .
          
           
             Cosmographia
             .
          
           
             Garsius
             .
          
           
             vide
             T●rapha
             .
          
           
             Tilius
             .
          
           
             Anno
             Christi
             1025.
             
          
           
             1415.
             
          
           
             Ann●
             Christi
             .
          
           
             1338.
             
          
           
             1065.
             
          
           
             1246.
             
          
           
             1185.
             
          
           
             1191.
             
          
        
         
           Notes for div A34709-e16990
           
             1503.
             
          
           
             1056.
             
          
           
             1510.
             
          
           
             1512.
             
          
           
             1513
             
          
           
             1514
             
          
           
             1515
             
          
           
             1518
             
          
           
             1519
             
          
           
             1519
             
          
           
             1522
             
          
           
             1524
             
          
           
             1525
             
          
           
             1526
             
          
           
             1529
             
          
           
             14
             Septemb.
             154●
             
          
           
             1558
             
          
           
             1578
             ▪
             
          
           
             150000
             li.
             
          
           
             1587
             
          
           
             1597
             25000
             
               Mill.
               of
               Crowns
            
             .
          
           
             King
             James
             ,
             1603
             
          
           
             16●●
             
          
           
             1606
             ▪
             
          
           
             1612
             
          
        
         
           Notes for div A34709-e20570
           
             Mercy
             fore-running
             the
             rapine
             of
             a
             milefactor
             ,
             is
             an
             ill
             Guardian
             of
             a
             Princes
             Person
             .
          
           
             A
             hard
             hand
             ,
             suddenly
             remitted
             ,
             is
             seldom
             by
             the
             rude
             people
             interpreted
             〈◊〉
             the
             best
             sense
             .
          
           
             There
             is
             no
             hope
             of
             Reformation
             where
             there
             is
             no
             Confession
             of
             the
             fault
             .
          
           
             While
             Justice
             sleeps
             ,
             the
             time
             serves
             to
             sow
             news
             ,
             and
             raise
             Factions
             .
          
           
             Fearful
             spirits
             ,
             by
             sufferance
             ,
             grow
             insolent
             and
             cruel
             .
          
           
             Vnion
             in
             a
             prepared
             conspiracy
             prevails
             more
             than
             number
             .
          
           
             It
             is
             hard
             to
             perswade
             those
             who
             by
             reason
             of
             their
             dependency
             on
             the
             Pope
             ,
             are
             ●carce
             masters
             of
             their
             own
             Souls
             .
          
           
             Malis
             benefacere
             ,
             tantu●dem
             est
             ac
             bonis
             inal●
             facere
             .
          
           
             Fellowship
             i●
             misery
             easeth
             grief
             ,
             and
             by
             the
             clamor
             of
             a
             multitude
             ,
             Justice
             is
             many
             times
             condemned
             .
          
           
             It
             is
             not
             good
             to
             set
             price
             on
             that
             which
             being
             sold
             will
             bring
             repentance
             to
             the
             seller
             .
          
           
             Wariness
             is
             to
             be
             used
             with
             those
             ,
             Quines
             totam
             servitutem
             pati
             possunt
             ,
             nec
             totam
             Libertatem
             .
          
           
             Most
             men
             write
             good
             Turns
             in
             Sand
             ,
             and
             the
             bad
             in
             Marble
             .
          
           
             Fugitives
             that
             crave
             succour
             use
             to
             lie
             much
             in
             favour
             of
             their
             cause
             and
             power
             .
          
           
             Relation
             
               de
               Botero
            
             .
             It
             is
             a
             sig●
             when
             a
             Faction
             dares
             number
             their
             side
             ,
             that
             there
             is
             an
             opinion
             conceived
             of
             sufficient
             strength
             ,
             to
             attempt
             some
             Innovation
             .
             In
             a
             Common-wealth
             there
             ought
             to
             be
             one
             head
             ,
             for
             which
             cause
             a
             Prince
             must
             be
             vigilant
             ,
             when
             divers
             factions
             arise
             that
             by
             favouring
             one
             ,
             and
             neglecting
             the
             other
             ,
             instead
             of
             a
             head
             of
             all
             he
             become
             only
             a
             member
             of
             one
             Party
             .
          
           
             Discontented
             minds
             in
             beginning
             of
             Tumults
             will
             agree
             ,
             though
             their
             ends
             ●r
             divers
             .
          
           
             A
             multitude
             is
             never
             united
             in
             grose
             ,
             but
             in
             some
             few
             heads
             which
             being
             taken
             away
             ,
             converteth
             their
             fury
             against
             the
             first
             movers
             of
             the
             Sedition
             .
          
           
             Certain
             Germans
             in
             Henry
             the
             seconds
             time
             calling
             themselves
             Publicans
             were
             marked
             with
             a
             hot
             Iron
             in
             the
             foreheads
             and
             whipped
             ,
             being
             thrust
             out
             in
             the
             Winter
             ,
             with
             a
             Prohibition
             that
             none
             should
             receive
             them
             into
             their
             houses
             ,
             they
             dyed
             of
             hunger
             and
             cold
             .
          
           
             Rooted
             suspition
             ,
             being
             violently
             handled
             ,
             groweth
             more
             wary
             ,
             but
             not
             less
             obstinate
             .
          
           
             If
             conspirators
             have
             one
             sympathy
             of
             mind
             ,
             the
             conspiracy
             is
             never
             wholly
             suppressed
             ,
             so
             long
             as
             one
             of
             them
             remaineth
             .
          
           
             Opinion
             setled
             in
             a
             multitude
             ,
             is
             like
             Hydraes
             heads
             ,
             which
             must
             be
             cured
             with
             scarring
             and
             not
             by
             le●ting
             bloud
             .
          
           
             Clemency
             is
             a
             Divine
             instinct
             ,
             and
             worketh
             supernal
             effects
             .
          
           
             Gorticii
             Axiomata
             Politica
             .
          
           
             Tacitus
             in
             vita
             Agricol
             .
          
           
             When
             Traitors
             in
             evils
             will
             not
             choose
             the
             least
             ,
             it
             is
             an
             argument
             that
             they
             are
             desperate
             ,
             and
             breath
             nothing
             but
             extremity
             of
             mischief
             .
          
           
             It
             was
             a
             precept
             of
             Machivells
             ,
             to
             put
             on
             the
             mask
             of
             Religion
             .
          
           
             So
             it
             pleased
             Parsons
             to
             cavil
             ,
             of
             whom
             it
             might
             be
             truly
             spoken
             ,
             Malus
             malum
             pejorem
             esse
             vult
             ,
             &
             sui
             similem
             .
          
           
             To
             bestow
             benefits
             on
             the
             b●d
             ,
             maketh
             them
             worse
             and
             vilifieth
             the
             reward
             of
             the
             vertuous
             .
          
           
             Valour
             is
             often
             overcome
             by
             weakness
             ,
             but
             being
             too
             much
             prized
             it
             turneth
             to
             unbridled
             furies
             .
          
           
             The
             best
             Laws
             are
             made
             out
             of
             those
             good
             Customes
             ,
             whereunto
             the
             people
             is
             naturally
             inclined
             .
          
           
             Vse
             to
             see
             men
             dye
             with
             resolution
             ,
             taketh
             away
             the
             fear
             of
             death
             ,
             for
             which
             purpose
             the
             Romans
             used
             the
             fights
             of
             their
             Gladiators
             .
          
           
             The
             Hereticks
             called
             Publicans
             when
             they
             were
             whipped
             they
             took
             their
             punishment
             gladly
             ,
             their
             Captain
             Gerrard
             going
             before
             them
             and
             singing
             ,
             Blessed
             are
             you
             when
             men
             do
             hate
             you
             .
             Andromache●
             .
             Si
             vis
             vitam
             minitare
             .
             
               Seneca
               ●rag
            
             .
          
           
             Worldly
             des●res
             ,
             may
             be
             quenched
             with
             godly
             meditations
             ,
             our
             beavenly
             hopes
             cannot
             be
             abated
             by
             earthly
             punishments
             .
          
           
             It
             is
             a
             point
             of
             wisdome
             to
             maintain
             the
             truth
             with
             as
             little
             disputation
             as
             may
             be
             ,
             least
             a
             good
             cause
             be
             marred
             with
             ill
             handling
             .
          
           
             Truth
             seldome
             prevaileth
             with
             the
             partiality
             of
             the
             people
             ,
             which
             being
             ignorant
             is
             carried
             away
             with
             the
             outward
             semblance
             of
             things
             .
          
           
             It
             is
             hard
             to
             make
             a
             rule
             so
             general
             ,
             against
             which
             difference
             of
             Circumstance
             may
             not
             except
             .
          
           
             He
             that
             is
             culumniated
             by
             many
             ,
             is
             in
             danger
             ,
             first
             to
             be
             suspected
             by
             his
             friends
             ,
             and
             shortly
             to
             be
             condemned
             if
             the
             slandes
             continue
             .
          
           
             That
             Counsel
             takes
             best
             effect
             that
             is
             fitted
             to
             the
             nature
             of
             times
             and
             persons
             .
          
           
             Those
             Changes
             of
             States
             are
             safely
             made
             ,
             which
             reserving
             most
             of
             the
             Ancient
             form
             ,
             betters
             it
             and
             reduces
             the
             defects
             into
             order
             .
          
           
             The
             Church
             is
             most
             zealous
             ,
             when
             Persecution
             is
             fresh
             in
             memory
             ;
             when
             those
             times
             are
             forgotten
             ,
             we
             gr●w
             to
             loath
             that
             which
             we
             enjoy
             freely
             .
          
           
             In
             this
             case
             the
             ●uestion
             is
             not
             so
             much
             of
             the
             truth
             of
             it
             ,
             as
             who
             shall
             be
             Judge
             ,
             and
             what
             Censure
             will
             be
             given
             .
          
           
             In
             the
             first
             11
             years
             of
             Q.
             Eliz.
             it
             was
             rasier
             to
             subdue
             Popery
             ,
             than
             now
             ,
             for
             then
             they
             feared
             to
             irritate
             the
             State
             ,
             not
             knowing
             how
             farre
             severity
             might
             extend
             ,
             now
             knowing
             the
             worst
             ,
             they
             are
             resolved
             
               Agere
               &
               ●ati
               ●ortia
            
             .
          
           
             Vulgu●
             est
             morosum
             animal
             ,
             quod
             facilius
             duci
             ,
             quam
             cogi
             potest
             .
          
           
             Many
             P●rtizans
             encourage
             the
             faint●hearted
             ,
             and
             when
             an
             one
             my
             cannot
             prevail
             against
             number
             ,
             his
             thoughts
             are
             not
             how
             to
             offend
             ,
             but
             how
             to
             make
             a
             safe
             retreat
             .
          
           
             More
             Priests
             may
             be
             shut
             up
             in
             a
             year
             than
             they
             can
             make
             in
             many
             .
          
           
             De●s●re
             of
             in●●ovation
             is
             ●●sh
             and
             con●entions
             ▪
             and
             therefore
             can
             hardly
             agree
             of
             a
             head
             .
          
           
             T●●ce
             is
             alwayes
             to
             be
             wished
             Provided
             that
             under
             the
             canker
             thereof
             ,
             there
             be
             not
             a
             mischief
             entertained
             worse
             than
             War
             if
             self
             .
          
           
             An
             oath
             is
             of
             force
             ,
             so
             long
             as
             it
             is
             thought
             lawfull
             ,
             when
             that
             opinion
             is
             crazed
             ,
             it
             doth
             more
             hurt
             then
             good
             .
          
           
             One
             man
             in
             another
             beholdeth
             the
             Image
             of
             himself
             ,
             and
             there
             by
             groweth
             compassionate
             and
             sen●●ible
             of
             that
             which
             may
             fall
             to
             himself
             .
          
           
             What
             men
             do
             unwillingly
             is
             never
             done
             effectually
             .
          
           
             When
             many
             tumultuous
             persons
             assault
             ,
             there
             will
             be
             a
             fray
             .
          
           
             Vertue
             neither
             praised
             nor
             rewarded
             waxeth
             cold
             .
          
           
             An
             ill
             name
             given
             to
             a
             good
             thing
             discourageth
             men
             from
             medling
             with
             it
             .
          
           
             Wise
             men
             do
             forecast
             how
             to
             do
             most
             with
             least
             noise
             .
          
           
             Particular
             officers
             must
             be
             appointed
             ,
             what
             is
             to
             all
             is
             commonly
             performed
             by
             none
             .
          
           
             The
             service
             done
             for
             the
             Kings
             proper
             use
             ,
             hath
             his
             Warrant
             and
             Countenance
             ,
             but
             when
             a
             private
             man
             hath
             the
             gain
             ,
             neither
             reward●●r
             bearing
             out
             can
             be
             expected
             ;
             and
             by
             consequence
             Recusants
             are
             free
             .
          
           
             Medicines
             that
             work
             in
             the
             spirits
             of
             men
             ,
             are
             of
             greater
             force
             ,
             and
             cure
             more
             surely
             then
             outward
             Plaisters
             .
          
           
             Speech
             is
             the
             interpreter
             of
             the
             minde
             ,
             therefore
             who
             so
             useth
             in
             Divine
             matters
             to
             speak
             reservedly
             ,
             and
             in
             a
             double
             sense
             ,
             he
             will
             be
             s●spected
             to
             have
             a
             double
             heart
             ,
             and
             unfit
             to
             teach
             them
             that
             trust
             him
             not
             .
          
           
             A
             good
             Pust●●
             is
             the
             Physician
             of
             the
             Soul
             ,
             and
             ought
             to
             apply
             his
             doctrine
             according
             to
             the
             tenderness
             or
             hardness
             of
             the
             Conscience
             ▪
             for
             want
             of
             which
             discretion
             some
             mens
             zeal
             hath
             done
             hurt
             .
          
           
             False
             miracles
             and
             lying
             news
             are
             the
             food
             of
             superstition
             ,
             which
             by
             credulity
             delude
             ignorant
             people
             
          
           
             God
             which
             is
             the
             great
             Law-maker
             ,
             by
             his
             Laws
             prevents
             sins
             ,
             to
             the
             end
             punishments
             may
             be
             inflicted
             on
             it
             justly
             ;
             as
             to
             avoid
             Idolatry
             ,
             he
             forbiddeth
             making
             of
             Images
             ;
             He
             that
             cannot
             live
             chast
             ,
             let
             him
             marry
             ,
             &c.
             
          
           
             A
             man
             is
             said
             to
             know
             so
             much
             as
             he
             remembreth
             ,
             and
             no
             more
             ;
             and
             we
             remember
             best
             ,
             what
             we
             learn
             in
             our
             youth
             ,
             therefore
             if
             we
             will
             be
             wise
             when
             we
             are
             old
             ,
             we
             must
             be
             taught
             when
             we
             are
             young
             .
          
           
             Out
             of
             Oeconomicall
             Government
             ,
             the
             diversity
             of
             States
             grow
             ,
             &
             such
             as
             a
             ●rinces
             house
             ,
             is
             the
             State
             of
             the
             Commons
             for
             the
             most
             part
             :
             by
             which
             reason
             a
             Prince
             may
             be
             the
             Survey
             of
             his
             House
             ,
             have
             an
             aim
             how
             the
             Common-wealth
             is
             affected
             .
          
           
             By
             the
             Lawes
             there
             were
             Tything
             men
             ,
             who
             gave
             accompt
             for
             ten
             houholds
             :
             Some
             such
             Officers
             might
             be
             good
             in
             this
             case
             :
             for
             I
             hold
             the
             breaking
             of
             the
             breaking
             of
             the
             Sabbath
             to
             be
             the
             ruine
             of
             our
             Religion
             .
          
           
             It
             were
             fit
             also
             that
             they
             learnt
             how
             to
             distinguish
             the
             common
             grounds
             of
             Propery
             ,
             whereby
             the
             Priests
             deceive
             poor
             people
             .
          
           
             He
             that
             knows
             not
             the
             true
             cause
             of
             an
             evil
             ,
             cannot
             help
             it
             but
             by
             Change
             ,
             which
             is
             a
             dangerous
             guide
             of
             a
             State.
             
          
           
             Where
             good
             men
             are
             afraid
             to
             call
             a
             vice
             by
             the
             Proper
             name
             ,
             it
             is
             a
             sign
             that
             the
             vice
             is
             common
             ,
             and
             that
             great
             persons
             (
             whom
             it
             is
             not
             safe
             to
             anger
             )
             are
             infected
             therewith
             .
          
           
             ●e
             Schism
             .
             Anglicano
             &
             vis
             .
             M●n
             .
             Eccles
             .
          
           
             Some
             think
             that
             if
             these
             mens
             zeal
             h●d
             by
             order
             been
             put
             to
             imploy
             it self
             otherwayes
             ,
             and
             a
             task
             set
             them
             to
             doe
             some
             good
             and
             memorable
             thing
             in
             the
             Church
             ,
             they
             might
             have
             been
             reformed
             ,
             or
             made
             harmlesse
             by
             diversion
             .
          
           
             Head-strong
             Papists
             are
             not
             easily
             subdued
             ,
             yet
             must
             they
             not
             be
             suffered
             to
             grow
             to
             a
             Faction
             ,
             Discretio
             pro
             lege
             discernere
             quid
             sic
             res
             ▪
             must
             lay
             the
             burthen
             in
             the
             right
             place
             .
          
           
             W●thout
             Reformation
             in
             this
             point
             .
             Popery
             will
             still
             encrease
             ,
             but
             as
             all
             vertuous
             enterprizes
             are
             difficult
             ,
             so
             is
             this
             most
             intricate
             .
          
           
             A
             wise
             householder
             will
             cast
             up
             his
             reckonings
             to
             see
             what
             losse
             or
             profit
             he
             hath
             made
             in
             a
             year
             
          
           
             Cuevara
             Epist
             .
             Aure●
             .
          
           
             The
             Law
             which
             took
             immediate
             notice
             of
             an
             offence
             ▪
             gave
             a
             quick
             redresse
             ,
             and
             corrected
             the
             poor
             as
             well
             as
             the
             rich
             .
          
           
             Sharp
             Laws
             that
             stand
             upon
             a
             long
             processe
             ,
             after
             a
             manner
             seem
             to
             dispe●ce
             with
             the
             vice
             .
          
           
             The
             allegiance
             to
             God
             ought
             to
             precede
             the
             temporall
             obedience
             ,
             for
             if
             the
             first
             may
             be
             obtained
             ,
             the
             second
             will
             follow
             of
             it self
             .
          
           
             This
             course
             will
             discover
             more
             than
             the
             Oath
             of
             Allegiance
             ,
             and
             prevent
             many
             from
             falling
             off
             by
             reason
             of
             the
             quick
             discovery
             .
          
           
             So
             long
             as
             houses
             and
             lodgings
             in
             London
             are
             let
             to
             Papists
             ;
             the
             Priests
             will
             be
             received
             ,
             and
             from
             thence
             shall
             the
             Country
             be
             infected
             .
          
           
             If
             we
             can
             prevent
             the
             increase
             of
             Papists
             ,
             those
             that
             now
             live
             must
             either
             be
             reformed
             ,
             or
             in
             time
             yield
             to
             nature
             ,
             and
             then
             shall
             a
             new
             age
             succeed
             of
             Christians
             ,
             by
             education
             made
             Religious
             .
          
           
             The
             br●achers
             of
             a
             bad
             cause
             being
             touched
             in
             Conscience
             ,
             at
             the
             first
             move
             slowly
             ,
             but
             if
             they
             prevaile
             they
             grow
             tyrannous
             beyond
             measure
             .
          
           
             Most
             men
             will
             affect
             to
             be
             such
             as
             the
             highest
             Trusts
             ,
             and
             Favours
             .
          
           
             A
             great
             man
             is
             an
             Idol
             in
             the
             eyes
             of
             mean
             People
             ,
             and
             draws
             many
             t●
             imitate
             his
             actions
             .
          
           
             Few
             Laws
             well
             executed
             are
             better
             than
             many
             .
          
           
             A
             Crown
             of
             Glory
             once
             attained
             ,
             hath
             power
             to
             dispence
             with
             former
             faults
             ▪
             
          
           
             He
             Counsells
             best
             ,
             that
             prefers
             the
             Cause
             of
             God
             ,
             and
             the
             Commonwealth
             before
             any
             particular
             .
          
        
         
           Notes for div A34709-e24070
           
             Hen.
             4.
             
             Ex
             rot
             .
             orig
             .
             interacta
             Concil
             .
             Hen.
             4.
             
          
           
             Hen.
             5.
             
             Ex
             rot
             .
             in
             actis
             Council
             .
             anno
             2.
             
             Hen.
             5.
             in
             Fin.
             
          
           
             Ex
             rot
             .
             orig
             .
             an
             .
             3
             Hen.
             5.
             
          
           
             Ex
             ordinat
             .
             anno
             9.
             
             Hen.
             5.
             
          
           
             Hen.
             6.
             
             Ex
             rot
             .
             Par.
             anno
             12.
             
             Hen.
             6.
             n.
             24.
             
          
           
             Queen
             Eliza.
             
          
           
             Ex
             comp
             .
             Din
             Burghley
             Thesaur
             .
          
           
             Edw.
             2.
             
             Ex
             Angl.
             M.
             S.
             folio
             29.
             
          
           
             Ex
             libro
             .
             Do.
             Aula
             Regis
             .
          
           
             Edw.
             3.
             
             Rot.
             Pa●l
             .
             anno
             36.
             
             Edw.
             3
             Rich.
             2.
             
             Rot.
             Parl.
             1.
             
             Ric.
             2.
             
          
           
             Rot.
             Par●an
             .
             Rich.
             2.
             
             Rot.
             4.
             
             Parl.
             an
             .
             5.
             
             &
             6.
             
             Rich.
             2.
             
          
           
             Hen.
             4.
             
             Rot.
             Parl.
             an
             .
             4
             7
             &
             11.
             
             Hen.
             4.
             
          
           
             Ex
             Ordinat
             .
             in
             Rot.
             Act.
             C●nc●l
             .
             an
             .
             11.
             
             H●n
             ●
             :
             marked
             ●R
             
          
           
             Hen.
             6
             Rot.
             Par
             an
             .
             2.
             18.
             
             Hen.
             6.
             
          
           
             Edw.
             4
             Ex.
             rot
             .
             Parl
             an
             .
             ●2
             .
             Edw.
             4.
             
          
           
             Ex
             lib.
             ordin
             .
             Hospitii
             temp
             .
             Edw.
             4.
             
          
           
             Rot.
             Par.
             an
             27.
             
             Edw.
             3..7
             .
             Hen.
             4.
             n.
             3.
             
             Mich.
             recep
             .
             27.
             
             Hen.
             6.
             n.
             9.
             
          
           
             Edw.
             2.
             
             Ex
             Aula
             Regis
             fact
             .
             temp
             .
             Ed.
             2.
             
          
           
             Hen.
             4.
             
             Act.
             concil
             .
             8.
             
             Hen.
             4.
             marked
             P.
             P.
             
          
           
             Hen.
             6.
             
          
           
             Ed.
             4.
             
             Ex
             lib.
             ord
             .
             tem
             .
             Ed.
             4
             
          
           
             Ordinat
             .
             Car
             Woolsey
             Hen.
             8.
             
          
           
             Hen.
             2.
             
             Ex
             Gervas
             .
             Doro.
             bern
             .
          
           
             Rich.
             1.
             
             Ex
             Richardo
             canonico
             in
             vita
             Rich.
             1.
             
          
           
             Hen.
             3.
             ex
             lib.
             Sect.
             Albani
             &
             Wil.
             Rishang
             .
             &
             lit
             .
             Baron
             .
             Papae
             .
          
           
             Edw.
             2.
             
             Ex
             ordina
             .
             3
             Ed.
             2.
             in
             li.
             legum
             manuscript
             fol.
             285.
             
          
           
             Rich.
             2.
             
             Ex
             rot
             Parl.
             an
             .
             10.
             
             Rich.
             2.
             
          
           
             He.
             4.
             
             Ex
             rot
             .
             Par.
             an
             .
             7.
             
             &
             1●
             .
             Hen.
             4.
             
          
           
             Rich.
             2.
             
             Rot.
             Par.
             an
             21.
             
             Ri
             2.
             an
             .
             2
             4
             &
             5.
             
             Hen.
             4.
             n
             9.
             
          
           
             Hen.
             4.
             
             Rot.
             Par.
             an
             .
             7.
             
             H.
             
          
           
             Rot.
             Par.
             ann
             .
             11.
             
             H.
             4.
             n.
             23.
             
          
           
             Hen.
             6.
             
             Pars.
             Parl.
             2.
             an
             .
             25.
             
             Hen.
             6.
             m.
             24.
             
          
           
             Ex
             rot
             .
             Parl.
             an
             .
             28.
             
             Hen.
             6.
             
          
           
             Rich.
             2.
             
             Ex
             rot
             .
             Par.
             an
             .
             1.
             
             Hen.
             4
             
          
           
             Ex
             lib.
             rub
             .
             in
             Secto
             
          
           
             Ex
             Jo.
             Eversden
             .
          
           
             Ex
             hist
             .
             Roffens
             .
          
           
             Ex
             rot
             .
             Parl.
             temp
             .
             Ed.
             3.
             
             Ex
             rot
             .
             Par.
             annis
             .
             2
             ,
             3
             ,
             5.
             
             Rich.
             2.
             
             Rot.
             Parl.
             8
             ,
             9.
             
             Hen.
             4.
             
          
           
             Ex
             Rot.
             Parl.
             an
             .
             13.
             
             Hen.
             4.
             
             &
             1.
             
             Hen.
             5.
             
          
           
             Ex
             Benedict-Monacho
             in
             vita
             Hen.
             2.
             
             Ex
             Adam
             .
             Merioneth
             ex
             Rot.
             Par.
             anno
             4.
             
             Rich.
             2.
             
          
           
             Ex
             Rad.
             cogshal
             .
             Ex
             hist
             .
             Roffen
             .
             Rot.
             Par.
             an
             .
             23.
             3
             
             &
             7.
             
             Hen.
             4.
             
             Ed.
             1.
             13.
             
             Ed.
             
          
           
             Rot.
             Par.
             anno
             15.
             
             Ed.
             3.
             n.
             16.
             
          
           
             Ex
             rot
             .
             Par.
             an
             .
             7
             8
             ,
             9
             ,
             10.
             11.
             
             Rich.
             2.
             
             Ex
             rot
             .
             Par.
             an
             .
             4.
             
             &
             7
             Hen.
             5.
             rot
             .
             Par.
             7.
             
             Edw.
             4.
             
          
           
             Ex
             original
             .
             ;
             an
             .
             3
             Rich.
             2.
             
          
           
             Rot.
             ordinat
             .
             an
             .
             5.
             &
             claus
             .
             an
             9
             &
             10.
             
             Edw.
             2.
             
             Rot.
             Par.
             an
             .
             1.
             
             Rich
             2.
             
             Rot.
             Parl.
             an
             .
             1
             ,
             2
             ,
             &
             6.
             
             Hen.
             4.
             
          
           
             Ex
             Rot.
             Par.
             an
             .
             1.
             
             &
             2.
             
             Hen.
             5.
             
          
           
             Rot
             Par.
             anno
             28
             ,
             29
             ,
             3.
             
             Hen.
             6.
             
          
           
             Ex
             act
             .
             Cons
             .
             an
             .
             21.
             
             Hen.
             6.
             
             Rot.
             Par.
             an
             .
             2
             Hen.
             7.
             
          
           
             Rot.
             Parl.
             an
             13
             Ed.
             3.
             act
             .
             concil
             .
             20.
             22
             
             Hen.
             6.
             
          
           
             Claus
             .
             an
             .
             26.
             
             Hen.
             3.
             
          
           
             Clau.
             29.
             
             Ed.
             1.
             
          
           
             Rot.
             fran
             .
             an
             .
             9.
             
             Edw.
             2.
             
          
           
             Comune
             insc
             .
             30
             Edw.
             3.
             
          
           
             Parl.
             anno
             7.
             
             Rich.
             2.
             
          
           
             Parl.
             anno
             5.
             
             Hen.
             5.
             
          
           
             Par.
             an
             .
             10.
             12.
             29.
             
             Hen.
             6.
             
          
           
             Act.
             concil
             .
             an
             .
             22.
             
             Hen.
             6.
             
          
           
             Ex
             billa
             sign
             .
             an
             .
             15
             Hen.
             6.
             
             &
             12.
             
             Edw.
             4.
             
          
           
             Rot.
             original
             .
             an
             .
             33.
             
             Hen.
             4.
             marked
             B
             ▪
             B.
             
          
           
             Rot.
             act
             .
             conc
             .
             13.
             
             Hen.
             4.
             
          
           
             Rot.
             act
             .
             concil
             .
             13.
             
             Hen.
             4.
             
          
           
             Ex
             ordinat
             .
             Concil
             .
             an
             .
             3.
             
             Hen.
             5.
             marked
             N.
             N.
             
          
           
             Ex
             instruc
             .
             Comiss
             .
             14.
             
             Hen
             8.
             
             Ro●
             Parl
             12.
             
             Rich.
             ●
             .
          
           
             Ex
             Charta
             Episcop
             .
             Cant.
             Ro.
             claus
             .
             29.
             
             Edw
             ,
             1.
             claus
             .
             35
             Edw.
             3
             Ex
             insruct
             .
             original
             20.
             
             Hen.
             6.
             
          
           
             Ex
             act
             .
             Pa●l
             .
             an
             .
             3.
             
             Mariae
             .
          
           
             Ex
             instructione
             original
             .
             17.
             
             Hen.
             8.
             
          
           
             Lib.
             Domesday
             .
          
           
             Rot.
             Parl.
             an
             .
             7.
             
             Hen.
             4.
             
          
           
             Rot.
             fin
             .
             an
             .
             2.
             
             Edw.
             2.
             
             Rot.
             ●arl
             .
             an
             .
             15.
             
             Edw.
             2.
             
          
           
             Rot.
             claus
             .
             an
             .
             7.
             
             Edw.
             2.
             
          
           
             Rot.
             claus
             .
             an
             .
             13
             Hen
             3.
             memb
             .
             10.
             
          
           
             Rot.
             fin
             .
             2
             &
             3
             Edw.
             1.
             
          
           
             Rot.
             valcon
             .
             22.
             
             Edw.
             1.
             
          
           
             Rot.
             Alinaig
             .
             12.
             
             Edw.
             3.
             
          
           
             Act
             Concil
             .
             an
             .
             10.
             
             Hen.
             6.
             
          
           
             Warrant
             .
             sub
             privat
             .
             sigill
             .
             an
             .
             9
             Eliz.
             Reginae
             .
          
           
             Rot.
             Parl
             an
             .
             29.
             
             Hen.
             6.
             n.
             15.
             
          
           
             Rot.
             claus
             .
             an
             .
             19.
             
             Hen.
             3.
             
             Rot.
             Parl.
             15.
             
             Rich.
             2.
             
          
           
             Ex
             billa
             signat
             .
             an
             .
             20.
             
             Rich.
             2.
             
          
           
             Ex
             petit
             .
             an
             .
             5.
             
             Hen.
             6.
             
          
           
             Ex
             act
             .
             Concil
             .
          
           
             Ex
             billa
             original
             .
             an
             .
             10.
             
             Edw
             4.
             
          
           
             Ex
             lib.
             comp
             .
             inter
             Hen.
             7.
             
             &
             Dudley
             .
          
           
             Ex
             lib.
             Hen.
             7.
             
          
           
             Rot.
             Almaign
             .
             3.
             
             Edw.
             3
             Rot.
             claus
             .
             29.
             
             Ed.
             1.
             
             Ex
             tract
             .
             Bruxelles
             .
          
           
             Magna
             Charta
             30.
             
          
           
             Dor●
             .
             clau
             .
             an
             .
             16.
             
             Hen.
             3.
             n
             ▪
             20.
             
          
           
             Statut.
             an
             25.
             
             Ed.
             1.
             
          
           
             Rot.
             Parl.
             31.
             
             Edw.
             1.
             cap.
             1.
             
             &
             2.
             
          
           
             Rot
             claus
             .
             an
             .
             11.
             
             Edw.
             2.
             
          
           
             Rot.
             fin
             .
             1.
             
             Ed.
             3.
             
             Statute
             2.
             
             Ed.
             3.
             cap.
             9.
             
             Rot
             Par.
             6.
             
             Ed.
             3.
             tat
             .
             11.
             
             Ed.
             3.
             cap.
             1.
             
          
           
             Ro.
             Almaign
             .
             12.
             
             Edw.
             3.
             memb
             .
             22.
             indors
             .
          
           
             Stat.
             1●
             .
             Ed.
             3.
             
             Rot.
             Parl.
             1.
             
             Edw.
             3.
             
             Stat.
             14.
             
             Edw.
             3.
             
          
           
             Licencegranted
             by
             Henry
             4.
             
             Henry
             5.
             
             Henry
             6.
             to
             many
             Merchants
             with
             
               non
               obstante
            
             any
             statute
             .
          
           
             Ordinat
             .
             Concil
             an
             .
             12.
             
             Hen.
             6.
             
          
           
             Merchants
             .
          
           
             Clau.
             anno
             .
             5.
             
             Edw.
             3.
             
             Original
             .
             17.
             
             Edw.
             3
             rot
             .
             2.
             
          
           
             Ex
             Rod.
             cogshal
             .
          
           
             Rot.
             Ragman
             .
             an
             .
             7
             Ed.
             7.
             
             Rot.
             
               Quo
               warranto
            
             8.
             
             Ed.
             3.
             
          
           
             Rot.
             Warranto
             13
             Edw.
             3.
             
          
           
             Instructio
             original
             .
             22.
             
             Rich.
             2.
             
          
           
             Process
             con
             .
             Dudley
             an
             .
             1.
             
             Hen.
             8.
             
          
           
             Lib.
             aquitanc
             .
             inter
             Hen.
             7.
             
             &
             Dudley
             .
          
           
             Emilius
             in
             vita
             Lewis
             12.
             
          
           
             V●s
             .
             cap.
             40.
             ex
             instructione
             Caroli
             5.
             to
             Ph.
             l.
             2.
             
          
           
             Ex
             Scacar
             inter
             rememb
             .
             Regis
             27.
             
             Ed.
             3.
             
          
           
             Ex
             composit
             .
             original
             .
             inter
             Ca●d
             .
             Woolsey
             ,
             &
             Archiep
             Cant
             dated
             14.
             
             Hen.
             8.
             
          
        
         
           Notes for div A34709-e31910
           
             3.
             
             Reasons
             out
             of
             President
             .
          
           
             1.
             
             Imperial
             constitutons
             .
          
           
             2.
             
             Saxonlaws
             .
          
           
             Acts
             in
             Parliament
             
          
           
             Justinian
             .
          
           
             Tripartita
             Historia
             .
          
           
             Distinct
             .
             196.
             1.
             
          
           
             Nicep
             .
             lib.
             11.
             
          
           
             Concil
             .
             Ca●●h
             .
             Affric
             .
          
           
             Zozimus
             .
          
           
             Ambros
             .
             l
             5.
             
             Ep.
             32.
             
          
           
             Russ●us
             Ec.
             clef
             .
             hist
             .
             l.
             ●
             .
          
           
             Athan.
             Epist
             ad
             solit
             .
             vitam
             agent
             .
          
           
             Dionysius
             H●lic●rn
             .
          
           
             Saxon
             Laws
             .
          
           
             Leges
             Inae
             .
          
           
             Textus
             Roffensis
             .
          
           
             Leges
             Regum
             Saxorum
             .
          
           
             Eulogium
             .
             All
             the
             Clergy
             members
             of
             Parliament
             proved
             by
             Record
             .
          
           
             Rot.
             Parl.
             18.
             
             Edw.
             3.
             
          
           
             Rot.
             Parl.
             an
             .
             3.
             
             Rich.
             2.
             
          
           
             Rot.
             Parl.
             an
             .
             4.
             
             Rich.
             2.
             
          
           
             Rot.
             Parl.
             an
             .
             11.
             
             Ri.
             2.
             11.
             ●
             
          
           
             Rot.
             Parl.
             an
             .
             21.
             
             Rich.
             2.
             n.
             9.
             
             &
             10.
             
          
           
             Rot.
             Parl.
             an
             .
             21
             Rich.
             2.
             n.
             51.
             
          
           
             2.
             
             Ric.
             2.
             n.
             58.
             
          
           
             1.
             
             Hen.
             4.
             
          
           
             Rot.
             Parl
             an
             .
             6.
             
             He.
             6.
             n.
             27.
             
          
           
             William
             M●lmesbury
             .
          
           
             Lib.
             Ecclesiae
             Cantuar.
             
          
           
             Vita
             Hen.
             2.
             
          
           
             Beda
             .
          
           
             Provincial
             Consitutions
             .
          
           
             Rot.
             Parl.
             
          
           
             Claus
             .
             5.
             
             Rich.
             2.
             
          
           
             Charae
             ●ntiquae
             B.
             B.
             
          
           
             Ambrosi●s
             .
          
           
             Concil
             .
             11.
             
             Toletan
             .
          
           
             ●d
             consentiendum
             .
             Writ
             of
             summons
             Rot.
             claus
             .
             an
             .
             22.
             
             Rich.
             2.
             
             ●
             .
             7.
             
          
           
             Archivis
             .
             Archiepis
             .
          
           
             Rot.
             Patl.
             18.
             
             Edw.
             1.
             
          
           
             Usurie
             .
          
           
             Vex●tion
             by
             Ord●naries
             .
          
           
             Rot.
             Parl.
             8.
             
             Edw.
             3.
             
          
           
             Citations
             .
          
           
             Rot.
             Parl.
             an
             .
             1.
             
             Rich.
             Pecuniarie
             pains
             .
             5.
             
             Rich.
             2.
             
             Ecclesiastical
             Courts
             .
          
           
             Tythes
             .
          
           
             17.
             
             Rich.
             2.
             n.
             43.
             
          
           
             Learned
             Ministery
             .
          
           
             Rot.
             Par.
             an
             .
             2.
             
             Hen.
             4.
             
             ●
             .
             44.
             
          
           
             4.
             
             Hen.
             4.
             
          
           
             11.
             
             Hen.
             4.
             
          
           
             Rot.
             Par.
             an
             .
             1.
             
             Hen.
             5.
             
          
           
             Rot.
             Par.
             an
             .
             3.
             
             Hen.
             6.
             
          
           
             Rot.
             Parl.
             an
             .
             4.
             
             Hen.
             1.
             
          
           
             Chartae
             A●iquae
             B.
             B.
             
          
           
             Leges
             Saxon.
             
          
           
             Concil
             .
             Chale
             .
          
           
             Levit.
             14.
             
          
        
         
           Notes for div A34709-e34290
           
             Object
             .
             1
             .
          
           
             Object
             .
             2
             .
          
           
             Resp
             .
          
           
             Object
             .
             3
             .
          
           
             〈…〉
             
          
           
             No.
             
          
           
             Vic.
             Leicester
             .
          
           
             De
             ponend
             .
             per
             Ballium
             .
          
           
             Deponend
             .
             p●●
             ballium
             .
          
           
             Deponend
             .
             Par.
             ballium
             .
          
           
             Adam
             deponend
             .
             in
             ball
             .
          
           
             Pro
             Georgio
             de
             Rupe
             .
          
           
             Pro
             Iacobo
             de
             Audele
             de
             non
             veniendo
             ad
             Parliamenta
             .
          
           
             Pro
             Roberto
             de
             Insula
             milite
             de
             nonv●
             endo
             ad
             Parliament
             .
          
           
             Pro
             Rich.
             Duce
             Ebor.
             de
             tenend
             .
             Parliamentum
             nomine
             Regi●
             .
          
           
             De
             non
             veniend
             .
             ad
             Parlia
             .
             Lovel
             .
          
           
             summonit
             .
             Parliamenti
             .
          
           
             Pro
             Henrico
             .
             Dom.
             Vessey
             de
             exemptione
             .
          
        
         
           Notes for div A34709-e40430
           
             Honour
             Justice
             &
             Profit
             
          
           
             Honour
             
          
           
             Edw.
             1.
             
          
           
             Hen.
             6.
             
          
           
             Hen.
             8.
             
          
           
             Queen
             Eliz.
             
          
           
             Edw.
             4
             
          
           
             Iustice●
             .
          
           
             Bodin
             .
          
           
             Theoderet
             the
             Gothe
             .
          
           
             Mirror
             des
             Iustices
             .
          
           
             Edw.
             1.
             
             &
             3.
             
          
           
             Hen.
             4.
             
             &
             5.
             
          
           
             Profit
             .
          
           
             18.
             
             Edw.
             3.
             
          
           
             1573.
             
          
           
             5.
             
             Edw.
             6.
             3.
             
             Mariae
             .
             4.
             
             Eliz.
             
          
        
         
           Notes for div A34709-e45690
           
             Lib.
             Ep.
             Glanvile
             .
          
           
             E●b
             Sancti
             Etheldredi
             Epise
             .
          
           
             Eliber
             Sancti
             Albans
             fol.
             20●
             Anno
             44
             ,
             ●
             .
             3.
             
          
           
             Ch●rtaorig
             .
             sub●i
             ,
             ill
             Ann.
             8.
             
             H.
             4.
             apud
             Rob.
             Cotton
             
          
           
             Rot.
             Parl.
             am
             .
             o
             15
             E.
             2
             .
          
           
             Rot
             Parl.
             anno
             16.
             
             E.
             2
             .
          
           
             Rot.
             Parlanno
             1.
             
             E.
             3.
             n.
             11.
             
          
           
             Parl.
             Anno
             〈◊〉
             Ed
             :
             3.
             
          
           
             Parl.
             1.
             
             R.
             2.
             n.
             38
             ,
             39.
             
          
           
             Parl.
             1.
             
             H.
             4.
             
          
           
             Ho●
             .
             Parl.
             An.
             ●
             .
             H.
             5.