the forme of government of the kingdome of england collected out of the fundamental lawes and statutes of this kingdome : wherin is manifested the customary uses of the kings of england upon all occasions, either of marriage, peace or warre, to call their peeres and barons of the realme to be bartners [sic] in treatizes, and to give their judicious advice : the state and security of the whole kingdome depending upon such counsells and determinations : likewise the names of the kings and the times when such parliaments were called, and the acts that passed upon those and the like occasions : henry i, iohn, henry , edward i, edward , edward , richard , henry , henry , henry , edward , henry , henry : published for the satisfaction of all those that desire to know the manner and forme of the government of the land, and the fundamentall lawes of the kingdome. cotton, robert, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) the forme of government of the kingdome of england collected out of the fundamental lawes and statutes of this kingdome : wherin is manifested the customary uses of the kings of england upon all occasions, either of marriage, peace or warre, to call their peeres and barons of the realme to be bartners [sic] in treatizes, and to give their judicious advice : the state and security of the whole kingdome depending upon such counsells and determinations : likewise the names of the kings and the times when such parliaments were called, and the acts that passed upon those and the like occasions : henry i, iohn, henry , edward i, edward , edward , richard , henry , henry , henry , edward , henry , henry : published for the satisfaction of all those that desire to know the manner and forme of the government of the land, and the fundamentall lawes of the kingdome. cotton, robert, sir, - . p. printed for tho. bankes, london : . attributed to robert cotton. cf. blc. reproduction of original in thomason collection, british library. eng england and wales. -- parliament. prerogative, royal -- england. great britain -- politics and government. great britain -- kings and rulers. a r (wing c ). civilwar no the forme of governement of the kingdome of england: collected out of the fundamental lawes and statutes of this kingdome. wherin is manifes cotton, robert, sir d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - taryn hakala sampled and proofread - taryn hakala text and markup reviewed and edited - pfs batch review (qc) and xml conversion the forme of governement of the kingdome of england : collected out of the fundamental lawes and statutes of this kingdome . wherin is manifested the customary uses of the kings of england upon all occasions , either of marriage , peace or warre , to call their peeres and barons of the realme to be bartners in treatizes , and to give their juditious advice : the state and security of the whole kingdome depending upon such counsells and determinations . likewise the names of the kings , and the times when such parliaments were called , and the acts that passed upon those and the like occasions . henry iohn henry edward edward edward richard henry henry henry edward henry henry published for the satisfaction of all those , that desire to know the manner and forme of the governement of the land , and the fundamentall lawes of the kingdome . london , printed for tho. bankes , . that the kings of england have beene pleased usually to consult in their great counsells of marriage , peace , and warre with their peeres and commons in parliament . to search so high as the norman conquest , it is necessary to lay downe the forme of government of those times , wherein the state of affaires led in another forme of publique councels : for the people ( wrought under the sword of the first william , and his followers , to a subjected vassaladge ) could not possesse in such assemblies the right of their former liberties , divisions and power having mastered them , and none of their old nobility and heads , being left either of credit or fortunes . what he retained not in providence as the demeasnes of the crowne ) or reserved in piety ( as the maintenance of the church ) he parted to those strangers that sayled along with him , in that barque of his adventure ; leaving the natives for the most part ( as it appeares by his survey ) in no better condition , then villany ; moulding their customes to the manner of his owne countrey ; and forbore to grant the lawes of saint edward , so often called for . to supply his occasions of men , money , and p●o 〈…〉 on ; hee ordered that all those , that enjoyed any fruit of his conquest , should hold their lands proportionable by so many knights fees of the crowne ; admitted them to enseoffe their followers of such part● ( as they pleased ) of their own portions , which to ease their charge they did in his and his sonnes time by two feoffments , the one de novo , the other de veteri . this course provided him of the body of his warre ; the money and provision was by headage assested the common people by the co●sent of their lords ; who held in all their seigniories such right of regalitie , as to their vassalles ; so as ( saith paris ) quot domini , tot tyranni : and proved to the king so great a curbe and restraint of power , that nothing f●ll into the care of maiestie afterward more , then ●o retrench the force of this aristocracy , that was in time like to strang●e the monarchy . though others foresaw the mischiefe betimes , yet none attempted the remedy , untill king iohn , whose overhastie undertaking brought in those broyles of t●e barrons warres . there needed not before this any ca●e to advise with the commons in all publique assembly , when every man in england by tenure , held himsel●e ●o his great lords will , whose presence was ever required in those councells ; and in whose assent his dependant tenants consent was ever included . before this kings time then we seeke in vaine for any commons called , they were called ever for making of lawes , but not to consult touching warre or peace t●e fi●st ( as may bee gathered ) though darkely ) by the records ) that used their counsells and assents , was t●is king in the sixt yeare of his raigne : here are the first summons on record to the peeres or barrons , tractaturi de magnis & ardius negotiis . it was about a warre of defence against the french . and that the commons were admitted at this time , may fitly be gathered by the ordinance ; provisum est communi assensu archiepiscoporum , comitam , baronum , & aliorum fidelium nostrorum angliae , quod nomen milites angliae invenirent decimum , &c. and this was directed to all the shirefs in england . the auncient use in publique lawes . from this time , there is a breach untill . hen. . where the next summons extant , is in a plea rolle of that year , but the ordinances are lost , from thence the records afford us no light untill the of the same king , where then the summons to the bishops , lords , knights , and burgesses are much in manner , though not in matter alike to the use in our times , this parliament was called to advise with the king pro pace assecuranda & firmanda , they are the words of the writt ; and where advice is required , consultation must be admitted . to this king succeeded edward the first , his sonne , a wise , just , and fortunate prince . in his raigne we have no light of publique councell of this kind ; and so along to the fourth of his granchild , but what we borrow out of the rolles of summons , wherein the forme stood various according to the occasions , untill it grew constant in the forme it is , about the entring of richard the second , the journall rolles being spoiled by the injury of time or private ends . this king in the fift of his raigne called a parliament , and therein advised with his lords and commons , for suppressing llewellin prince of wales : and hearing that the french king intended to invade some peeces of his inheritance in france , summoned a parliament ad tractandum , ordinandum , & faciendum cum prelatis , proceris & aliis inco●is regni , quomodo huiusmodi periculis & excogitatis militiis sit obviandum ; inserting in the writt , that it was lex notissima & provida circumspectione stabilita , that that quod omnes tangit , abomnibus approbaretur . in the thirty fourth of his raigne super ordinatione & stabilimento regni scotie , he made the like convention . his sonne , the second edward , pro solempnitate sponsalium & coronationis , consulted with his people in his first yeare , in his sixth yeare , super diversis negotiis statuum regni & expeditione guerre scotie specialiter tangentibus , he assembled the states to advise : the like he did in his eight yeare . the french king having invaded gascoigne in the thirteenth yeare , the parliament was called super arduis negotiis statuum ducatus vasconie tangentibus ; and in the sixteenth to consult ad refraenandum scotorum obstinantiam & malitiam . before edward the third would resolve in his first year , whether peace or warre with the scotish king ; he summoned the peeres and commons super praemissis tractare & concilium impendere . the chancellour anno the fifth declareth from the king , the cause of that assemby , that it was to consult and resolve , whether the king should proceed with france for recoverie of his seignories , by allyance of marriage , or by warre ? and whether to redresse the disobedience of the irish , he should passe in person or noe ? the year following he resembled his lords and commons , and required their advice , whether he should undertake the holy expedition with the french king , or no ? the bishops and proctors of the clergie would not be present , as forbidden by their canons such councels . the peeres and commons consult , applauding the religious and princely forwardnesse of their soveraigne to this holy enterprise , but humbly advise forbearance this year , for urgent reasons . the same yeare though at another session , the king demaunding the advice of his people , whether he should passe into france to an enterview as was desired , for expediting the treatie of marriage : the prelates by themselves , the earles and barons by themselves , and the knights of shires by themselves , consulted apart , for so are the records , and in the end resolved , that to prevent some dangers likely to arise from the north : it would please the king to forbeare his journey , and to draw towards those parts where the perils were feared , his presence being the best prevention ; which advise he followed . in the following parliament at york , the king sheweth , how by their former advice he had drawn himselfe towards the north parts , and now againe he had assembled them to advise further for his proceedings . to which the lords and commons having consulted apart , pray further time to resolve , untill a full assembly of the states , which the king graunting , adjourneth that session . at their next meeting they are charged upon their allegiance and faith , to give the king their best advice ; the peeres and commons consulting apart , delivered their opinions ; and so the parliament ended . in the thirteenth yeare , the grandees and commons are called to consult , and advise , how the domestique quiet may be preserved , the ma●ches of scotland defended , and the sea scoured from enemies . the peeres and commons having apart consulted , the commons after a desire not to be charged to counsell in things de queux ils n'ount pas cognizance , answers that the guardians of the shires assisted by the knights may effect the first , if pardons of felons bee not granted : the care of the marches they humbly leave to the king and his councel , and for the safeguard of his seas , they wish that the cinque ports and maritine townes ; discharged for the most part from many burthens of the inland parts , may have that left to their charge and care : and that such as have lands near the courts be commanded to reside on those possessions . the parliament is the same yeare reassembled , advisamento prelatorum , proceram , nec non communitatis , to advise de expeditione guerrae in partibus transmarini● . at this ordinance are made for provision of ships , arraying of men for the marches and defence of the i le of iersey , naming such in the records , as they conceived fit for those imployments . the next yeare de la poole accompteth the expences of the warre ; a new ayde is granted , and by severall committe●s , in which divers were named that were not peeres of parliament , the safeguard of the seas , and defence of the seas are consulted of . in the fifteenth yeare de assensu praelatorum procerum . & alioram de concilio , the kings passage into france is resolved of . anno. . badlesmore in place of the chancellour declareth unto the peeres and commons ; that whereas by their assents the king had undertaken the warres in france , and that by the mediation of the pope a truce was offred : which then their soveraign forbore to entertain without their allowance . the lords apart consult , and also the commons , returning by sir william trussell in answer their advise , and desireing to compose the quarrell , approve the truce and the popes mediations , the popes undertaking proving fruitlesse , and delayes to the french advantagious , who in the mean time with scotland and others practised to roote out the english nation in france : the king againe assembled his parliament the yeare following : in which the peares and commons after many dayes of deliberation , resolve to end it , either by battaile or peace , and no more to trust upon the mediation or message of his holinesse . in the . yeare the chiefe iustice thorpe declaring to the peeres and commons , that the french warres began by their advice : the truce after by their ass●nts accepted and now ended . the kings pleasure was to have their counsells in the procecution . the commons beeing commanded , que ils se devoient faire assembler , & fils essent agree le devoient monetre an roy & al grandees de son councell , after . daies consultation , humbly desire of the king , that he would bee advised herein by his lords and and others of more experience then themselves in such affaires . to advise the king the best for his french imployments , a parliament was summoned anno . herein the king by a more publique dispatch willeth the commons to elect . or . of their house to consult with the lords , these to relate to their fellowes , and the conclusion generall to the king . in the . a great councell is assembed , many of the lay peeres , few of the clergy : and of the shires and burroughs but one a piece . this was for the prosecution of the french warres , when an honourable peace could not bee gotten . but the yeare following a truce being offered , the king forbore to entertaine it , untill he had the consent of his peeres and commons which they in parliament accorded unto before the popes notary by publique instrument . the dallying of the french in the conclusion of peace ; and the falling off of the duke of brittaine ( having wrought with france by the reputation of the english succours ) is the yeare following declared in parliament , and their advice and ayde required for the kings proceedings . in the thirty sixth yeare he calleth his parliament to consult whether warre or peace by david the king of scotts , then offered , should be excepted . in the fortieth yeare the pope demanding the tribute of king iohn , the parliament was assembled ; where after consu●tation apart , the prelates , lords , and commons advised the deniall , although it bee by dint of sword . in the forty third yeare the king declared to the peeres and commons , that the french , against the articles of the truce , refused payment of the monies , and delivery of the townes , summoning la brett , and others of the kings subiects in gascoigne , to make at paris their appeales , and had forraged his countrie of poitiers : requiring in their breach , whether hee might not resume the style and quarrell of france . the lords and commons having apart consulted , advise the king to both , which he approving , altered the inscription and figure of his seale . two yeares after it was declared to the peeres and commons , that by their advise he had resumed the style and quarrell of france ; and therefore desired their advise for the defence of the reame against the french , securing of the seas , and pursuing of the warres . of which they consult , and resolve to give the king an ayde . the like counsell and supply was the very next yeare following . in the fiftieth yeare , a parliament to the purpose of the former two , was sommoned ; and the yeare following , the king in parliament declaring how the french had combined underhand against him with spaine and scotland , required their advice , how peace at home , the teritories abroad , securitie of the seas , and charge of the warre might be maintayned . i have the longer insisted in observing the carriage of these times so good and glorious , after ages having not left the iournall entries of parliament so full , which therefore with a lighter hand i will passe through . richard the second , the grandchild succeeded to the crowne and troubles , having nothing worth his great fortunes , but his great birth . the first of his raigne , hee pursued the steps of his wise grandfather , advising with his peeres and commons , how best to resist his enemies that had lately wronged divers of his subiects on the sea coasts . in the second yeare hee againe consulted with his people , how to withstand the scotts , who then had combined with the french to breake the truce . in the third yeare hee called the advise of his parliament , how to maintaine his regality , impared by the popes provisions , who to resist spayne , france , and scotland , that had raised warres against him , how to suppresse his rebells in guyon and ireland , and to defend the seas . in the fourth yeare of his raigne , he called the like at windsor . the yeare following in a great councell , the king having purposed a voyage royall into france , now called his parliament to determine further of it . and it is worthey your observation , that for the most pa●t before any propositions of warre or peace w●re vented to the commons , a debate thereof precedeth in the great councell to shape in fitter for popular advise . the quarrell with spaine continuing the duke of lancaster offereth a voyage against them , so as the state will lend him money : after consultation they grant an aide , but not to binde them to any continuance of warre with spaine . in the sixth the parliament was called to consult about the defence of the borders , the kings possions beyond the seas , ireland and gascoyne , his subiects in portugall . the lords approve the dukes intentions for portugall , and the commons that the bishop of norwich having the popes crosyer should invade france . the same yeare the state was called againe to consult , whether the king should goe in person to rescue gaunt or send his army . the commonsafter two dayes debate , craved a conference with the lords . the effect is not entred in the rolle onely they by sir thomas puckering their speaker , protest that councells 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 by the king , if not , that the bishop of norwich might with the advantage of the popes crosier be used in that service , who accepted , the charge with ill successe , he further for the commons prayeth , that the kings vncles should not be spared out of the realme before some peace was setled with the scotts ; and that the lord de lars-par sent with propositions of peace from spaine might first bee heard . the chancellors in the seventh yeare in name of the king willeth the lords apart , and so the commons to consult , whether peace or warre with scotland , and whether to resist or assault the kings adversaries of spaine , france , and flanders : their opinions are not entred in the rolles , an omission usuall to the clarkes neglect , onely their petitions are recorded , that the bishop of norwich may accompt in parliament the expence of the money , and be punished for his faults in the service , which hee undertooke , both which are granted . and at the next session in the same yeare , the commons are willed to advise upon view of the articles of peace with the french whether warre or such amitie should bee accepted ? they modestly excuse themselves as to weake to counsell in so weighty causes ; but charged againe as they did tender their honour , and the right of the king , they make their answer , giving their opinions rather for peace then warre . peace with france not succeeding , in the eighth year , the body of the state was called to advise , whether the king in his owne person ; or by sending forces against the french , spaine , flaunders and scotland , should proceed . the king haveing this yeare assembled at oxon his great councell to advise , whether he should passe the seas or no , with an army royall ; and they not daring to assent without a greater councell : a parliament the tenth yeare was called to have the advice of the commons , aswell as of the lords , how the realme should be governed in their soveraignes absence . the truce with france now neare expired , the parliament was called in the thirteenth yeare to advise upon what condition it should be renewed : otherwise how the charge of warre should be sustained . at this assembly and by consent of all , the duke of lancaster is created duke of aquitaine , the statutes of provision were now pas●ed , and the commons are named a party , in the letter to the pope . the yeare succeeding a parliament is called , for that the king would have the advice of his lords and commons for the warre with scotland , and would not without their counsell conclude a finall peace with france . the like assembly for the same causes was the yeare ensuing , wherein the commons desire the king to use a moderation in the law of provision , to please at this time their holy father , so as the statute upon their dislike might again be executed , and that to negotiate the peace with france , the duke of aquitaine might rather then any other , be imployed . to consult of the treaty with france for the king in the seventeenth calleth a parliament , the answer of the lords is left unentred in the rolle , but the commons upon their faith and allegiance charged , advise that with good moderation , homage may be made for guyen , an appenage of the french crowne , so as it intrench not to involve the other peeces of the english conquest , their answer is modest , large , and worthy of marke . now succeeded a man that first studied all popularity , as needing all to support his titles , he in the fifth year called a parliament , to suppresse the malice of the duke of orleance , and to advise for the warres in ireland and scotland , neither counsels or supplies are entred in the rolle , and to resist an inovation intended by france and brittaine , he assembleth the state againe . the like was in the two yeares following for fraunce . in this the commons conferr with the lords for guard of the sea , and make many ordinances to which the king assented : the peace with the merchants of pruce , and the hanstowns is debated , and a proclamation published , as they resolve , by the speaker the commons complain of . peeces of ordinance lost in guyen the yeare before , the need of defence for the borders , and guard of the sea coasts . to suppresse the rebellion in wales , and the disloyalty of the earle of northumberland , they humbly desire , that the prince may be dispatched into those parts with speed : and to have a vigilent eye of the scottish prisoners . in the tenth the parliament is commanded to give their advice about the truce of scotland , and preparation against the malice of the french . his sonne , the wise and happy undert●ker , consulteth with the parliament in his first yeare , how to cherish his allies , and restrain his enemies , for this there wa● a select committee of the commons , appointed to confer with the lords , the matter being entered into a schedu●e . touching ireland , wales , scotland , calice , guyen , shipping , guard of the seas , and wary provision to repulse the enemy . in the second he openeth to the parliament his title to france , a quarrell he would prosecute to death : if they allowed and ayded , death is in this assembly , enacted to all , that either break the truce , or the kings safe conduct . the year following peace being offred by the french king , and the king of the romanes arrived to effect the worke , the king refuseth any conclusion , untill he had thereunto the advice and assent of his lords and commons , which occasion the chancellour declareth to that assembly . in the fourth and fifth , no peace concluded with france , the king calleth the state together to consult about the warre , concluding a treaty of amitie with sigismund king of the romanes , by the allowance of the three states , and entreth the articles in the iournall rolle . in the same yeare by the duke of bedford , in the kings absence a parliament was called to the former purposes , as it appeareth by the summons , though in the rolle omitted . the like in the seaventh year . and the treaty with france is by the prelates , nobles and commons of the kingdome perused and ratified in the tenth yeare of this king . his sonne more holy then happy succeeded , and adviseth in the second year with the lords and commons for the well keeping of the peace with france , consulteth with them about the delivery of the scottish king , and the conclusion is confirmed by common assent . in the third yeare they are called to advise and consent to a new article in the league with scotland , for charge of hostage , and in the ninth yeare conclude of certain persons by name , to treate a peace with the dolphin of france . the treaty of arras , whether the pope had sent as mediators two cardinals , not succeeding the king in parliament , anno . sheweth that he must either loose his title , style , and kingdome of france , or else defend it by force : the best meanes for provision whereof he willeth them to advise him . he summoneth again the next year the same councel to advise how the realme might be best defended , and the sea kept safe against the enemies . in the twentith the commons exhibite a bill for guard of the se● , the number of ships , assesse wages , and dispose of prizes if any fortune , to which the king accordeth . and that the genowaies might be declared enemies , for ●ssisting the turk in spoyle of the knights of rhodes , and that the priviledge of the pruce and hanstownes might be suspended , untill composition be made to the english for wrongs they had done them . to the which in part the king accordeth . the king by the chancellour declareth in parliament , that the marriage with margaret the king of sicily his daughter was contracted . for induceing the peace made with france . against the which the lords not by their advise effected , make a protestation , and enter it on the rolle . the king intending to passe in person into france , there to treat of peace with the king , adviseth with his lords and commons in parliament , and letters of mart are granted against the brittaines for spoyles done to the english marchants . the lord hastings and the abbot of glou● , declare in parliament the preparation of the french , the breach by them of the peace , the weake defence of normandy , and the expiration shortly of the truce : requiring speedy advice and remedie . it injoyned the parliament to provide for the defence of the sea and land , against the french . it was commanded by the king to the states assembled , to advise for the well ordering of his house , payment of his souldiers at calice , guard of the seas , raysing of the seige at berwike made by the scots against the truce : disposing of . souldiers arrayed the last parliament : according of differences amongst the lords , restraining the transportation of gold and silver , and quieting the disorders in wales , of all which committees are appointed to frame bills . edward the fourth by the chancellour declareth to the lords and commons , that having made peace with scotland ; entred league with france and denmark , contracted with burgundy and brittaine for their aide for the recovery of his right in france , he had now assembled them to give their cousell in proceeding , which charge in a second session was again pressed unto them . the like was at another parliament held in the eleventh yeare . after this time the journals of parliament have bin either not well preserved , or not carefully entred , for i can find of this nature no records , untill the first of henry the seaventh , wherein the commons by thomas lov●ll their speaker , petition the king to take to wife elizabeth the daughter of edward the fourth , to which the king at their request doth agree . the next is the third of henry the eighth in which from the king , the chancellour declareth to the states the cause of that assembly to be first , to advise a course for resisting the innovation of the scots : the next , how to quiet the quarrell between the king of castile , and the duke of gelders , lastly for assisting the pope against lewes of france , whose bull expressing the injuries done the sea apostolique , was read by the master of the rolles in open parliament , after which the chancellour , there and other lords were sent downe unto the commons to confer thereof . the last is in the two and thirtieth yeare wherein the chancellour remembring the many troubles the state had undergone in doubtful titles of succession , declareth , that although the convocation had judged void the marriage with anne of cleve , yet the king would not proceed without the counsell of the states , whereupon the two arch-bishops are sent downe to the commons with the sentence sealed , which being there discussed , they passe a bill against the marriage . in all these passages of publique counsels , i still observe , that the soveraigne lord either in best advise , or most necessitie would entertaine the commons with the weightiest causes , either forreine or domestique , thereby to apt them and bind them to a readines of charge and they as warily avoiding it to shine expence . fjnjs . notes, typically marginal, from the original text notes for div a e- william the conqueror . domesday . edmerus . huntington . ex libro feodorum in sccio . hen. . stat . ex libro rubro sccij . chronicon de durst●ble . paris . benedict . monac . in vita . h●n . . gervasins doubo . iohn . roger wendon . claus. . io. in dors . claus. , io. pt. . in dors . hen. . plita de bau co . . hen. claus. . hen. . iij . an. . dors edw. . ex rot. part in archinis loud . claus . edw. . iij . . dors. claus. . e. iij . . dors. claus. . e. . dors. edw. . claus. . e. . iij . . claus. . e. . iij . . claus. . e. . iij . . claus. , e. . iij . . dors. claus. . e. . iij . . edw. . claus. . e. . rotl . parl. . edw. . parl. . e. . rotl . parl. . edw. . ses . ij . . rotl . parl , edw. . rotl . parl. . edw. . sess. . ij . . parl. . edw. . rot. parl. . edw. . sess. . da . parl. . e. parl. . e , . parl. . e. iohn . parl. . edw. . parl. . e●w . . parl. . edw. . parl. . edw. . parl. . edw. . parl. ● . e●w . . vrbane . parl. . edw. . parl. . edw. . parl. . edw. . parl. . edw. . parl. . edw. . rich. . parl. . ric. . ▪ anno . stat . . parl. . ric. . anno . parl. . ric. . anno . vrban , . parl. . ric. . anno . . parl. . ric. . sess. . parl. . ric. . sess. . parl. . ric. . sess. . parl. . ric. . sess. . parl. . ric. . sess. . sess. . parl. . rich. . claus. . rich. . parl. . rich. . parl. . rich. . claus. . rich. . boniface . parl. . rich. . parl. . rich. . parl. . rich. . hen. th . parl. . h. . parl. . h. . claus. . hen. . iii iii . iii . . parl. . hen. . hen. . parl. . hen. . anno . parl. . hen. . rot. parl. an. . hen. parl. . & . hen. . parl. . h. . parl. . h. . parl. . hen. . hen. th . rot. parl. . hen. . rot. parl. . hen. . . hen. . eugenius . . hen. . parl. . hen. . anno. . hen. . anno. . hen. . parl. . hen. . anno . anno. . hen. . anno . hen. . anno. . hen. . edw. . anno . anno . edw. . hen. . parl. . hen. . hen. , rot. parl. . hen. . iulius . rot parl. . hen . ex instrument . original . the question concerning impositions, tonnage, poundage, prizage, customs, &c. fully stated and argued, from reason, law, and policy dedicated to king james in the latter end of his reign / by sir john davies ... davies, john, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing d ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the question concerning impositions, tonnage, poundage, prizage, customs, &c. fully stated and argued, from reason, law, and policy dedicated to king james in the latter end of his reign / by sir john davies ... davies, john, sir, - . [ ], , [ ] p. printed by s.g. for h. twyford ..., and rich. marriot ..., london : . advertisement: p. [ ]-[ ] at end. reproduction of original in huntington library. eng prerogative, royal -- england. taxation -- england. internal revenue -- england. a r (wing d ). civilwar no the question concerning impositions, tonnage, poundage, prizage, customs, &c. fully stated and argued, from reason, law, and policy. dedicat davies, john, sir b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion the question concerning impositions , tonnage , poundage , prizage , customs , &c. fully stated and argued , from reason , law , and policy . dedicated to king iames in the latter end of his reign . by sir john davies , his then majesties attourney generall . london , printed by s. g. for henry twyford , in vine-court middle-temple , and rich : marriot , under the dyall in saint dunstans church-yard , london . . to the kings most excellent majestie . this question , sir , concerning your majesties prerogative in laying impositions upō merchandizes , ought not to have been made or moved at all ; howbeit , it hath been stirred and debated in parliament , it is now become an argument of such dignity and importance , as the best-able amongst your servants learned in the law , may well imploy their best learning in the discussing thereof . for my part , though i find my self unable to handle this noble question , as the weight and worthinesse requireth ; yet have i upon sundry occasions arising from the course of my service , collected such notes , and drawn together such materials , as may be of use in the building of a fortresse in the defence of this prerogative ; and sure i am , that if your majestie will vouchsafe to cast your eye upon these collections , that your judgment will make a far better use and application thereof , than i who have gathered the same , can posible do ; these little sparks of knowledge being taken into your majesties consideration , wil instantly multiply and arise into a flame , and so give a great light for clearing of this question : this learning within my hand , is but a spade , in your majesties hand will become a scepter . i have onely like the poor indian , digged up the oare of mine , which being brought into the kings mint , and refined there , becomes part of the royall treasure . for the argument it self , it will hardly receive any ornament , ornari res ipsa negat , contenta doceri . the best light i can give it , is lucidus ordo , by breaking it into capit● rerum , and casting it into a plain and naturall method ; it is somewhat long , and in multil●quio non de●st peccacum , saith solomon ; it is also mixt with some reasons of state , wherein a common lawyer may easily make a solaecism ; yet such as it is , my zeal to advance your majesties service , hath moved me to present it to your majesty , with all humbleness , and with some hope , that this dutifull paine shall purchase a pardon for the errours therein committed , by your majesties unprofitable servant , and humble subject , iohn davies . the contents of this book . chap. i. the exposition and meaning of certain words , which do shew the true state of the question . page chap. ii. of the general law of nations , or jus gentium , and the force thereof in all kingdoms , that traffique and commerce is a principal subject of that law , and that it giveth power unto all kings to take customes and impositions upon merchandizes , and that the crown of england hath many prerogatives annexed to it by the law of nations , of which our common law taketh notice , and doth admit and approve the same . chap. iii. of the law merchant , which is a branch of the law of nations , and how it differs front our common law ; and how in the judgement of our law , merchandizes do differ from other goods & chattels which do not crosse the seas ; and how the common law and statute law of england do admit and allow of the law merchant . chap. iv. of the imperial or civil law , and of the extent of the iurisdiction thereof ; of what force it is at this day within the monarchies of europe , and in what case it is received within the king of englands dominions , and how it warranteth all kings and absolute princes to lay impositions upon merchandizes . chap. v. of the canon or ecclesiastical law , and how far forth it doth examine and resolve this question in cases of conscience only . chap. vi . that this question of imposition may be examined and decided as well by the rules of the laws before mentioned , as by the rules of our municipiall laws or common law of england . chap. vii . of the kings prerogatives in general , and that the same do consist in certain speciall points or cases reserved to the absolute power of the crown ; when the positive law was first established , and that the cōmon law of england doth acknowledge and submit it self to those prerogatives . chap. viii . of the kings prerogative in the ordering and governing of all trade and traffique in corporations , markets , and fairs within the land , and the common law doth acknowledge this prerogative , and submit it self there unto . chap. ix . that the king hath another prerogative in the government in the trade of merchandizes crossing the seas , differing from the prerogative which he useth and ordereth in trade and traffique in markets and fairs within the land , and of the difference between custome and toll by the rules of the common law . chap. x. of the ancient duty called custome , payable for our principall commodities exported , and that it was originally an imposition . chap. xi . of the ancient duties called prizes , taken out of forein goods imported , except wines , and the petty-customes of three pence of the pound were accepted by king edw. . in lieu of prizes . chap. xii . of the ancient customes payable for wines , called priz●ge and butlerage . chap. xiii . of the ancient officers which our kings have created by vertue of their prerogatives , to search and over-see all sorts of merchandizes , and to collect the duties payable for the same . chap. xiv . of other impositions , besides the ancient customes before mentioned , laid upon merchandizes , by severall kings and queens since the conquest ; some of which impositions have been discontinued or remitted , and some of them are continued and paid at this day ; and first of the imposition set by king edw. . over and besides the customes spoken of before . chap. xv . of the imposition set and taken by king edward the second . chap. xvi . of the impositions laid and levied upon merchandizes , by king edw. . chap. xvii . of the profits raised unto the crown out of merchandizes during the reigns of several kings who succeeded k. edw. . untill the reign of queen mary . chap. xviii . that queen mary did use her prerogative in laying impositions upon merchandizes . chap. xix . that queen elizabeth also used her prerogative in laying impositions upon merchandizes . chap xx . that our soveraign lord king james hath by virtue of the same prerogative , without act of parliament , layd several impositions upon merchandizes . chap. xxi . the general reasons whereupon this prerogative is grounded . chap. xxii . of the several objections that are made against the kings prerogative in laying impositions upon merchandizes , and the several answers thereunto . chap. xxiii . the answer to the first objection . chap. xxiv . of the second objection touching the uncertainty and unbounded largenesse of this prerogative . chap. xxv . the answer to the second objection . chap. xxvi . the third objection , touching the repeal of charta mercatoria by king edw. . and the remitall of divers impositions by king edw. . upon sundry petitions of the commons in parliament , and the punishment of divers persons in parliament for procuring impositions to be set up . chap. xxvii . the answer to the third objection . chap. xxviii . the fourth objection , that the prerogative is bound or taken away by divers acts of parliament . chap. xxix . the answer to the fourth objection . chap. xxx . the fifth objection , that tonnage and poundage were never taken , but when the same was granted by parliament . chap. xxxi . the answer to the fifth objection . chap. xxxii . the conclusion . chap. xxxiii . a comparison of the impositions set and taken in england , by the kings prerogative , with the exceptions and gabells in forein states and kingdoms , whereby it will appear , that the subjects of the crown of england , do not bear so heavy a burthen by many degrees , as the subjects of other nations do bear in this kind . an argument upon the question of imposition , digested and divided into sundrie chapters ; by one of his majesties learned counsel in ireland . chap. . the exposition and meaning of certain words , which do shew the true state of the question . the question it self is no more than this , whether the impositions which the king ●f england hath laid and levied upon merchandize , by vertue of his prerogative onely , without act of parliament , be lawful or warranted by the law of england . by the word imposition , we mean only such rates or sums of money as the king by letters patents , under the great seal of england or ireland , hath set upon merchandizes imported and exported , and commanded the same to be paid and levied to his majesties use , over and above the customes and subsidies formerly due and payable for the same merchandizes . by the word merchandizes , we mean only such goods or merchandizes as are transported over the seas , from one realm or dominion unto another , to be sold or exchanged for reasonable gain or profit ; for upon the ingate or outgate of commodities so crossing the seas only ; customes , subsidies , and impositions for merchandizes are paid and taken , and not for any commodities carried too and fro by sea and land , within one and the same realm and dominion . by the law of england , we understand not only our customary common law , and our statutes of england , which are native and peculiar to our nation only , but such other laws also as be common to other nations as well as us ; have been received and used time out of mind by the kings and people of england in divers cases , and by such ancient usage , are become the lawes of england in such cases ; namely , the generall law of nations , and the law-merchant which is a branch of the law , the imperial or civil law , the common or ecclesiastical law , every of which laws so far forth as the same have been received and used in england , time out of mind , may properly be said to be the laws of england . chap. ii. of the general law of nations , or jus gentium , and the force thereof in all kingdoms , that traffique and commerce is a principal subject of that law , and that it giveth power unto all kings to take customes and impositions upon merchandizes , and that the crown of england hath many prerogatives annexed to it by the law of nations , of which our common law taketh notice , and doth admit and approve the same . jvs gentium , or the generall law of nations is of equal force in all kingdoms , for all kingdoms had their beginning by the law of nations ; therefore it standeth with good reason that the law of nations should be of force , and of like force in all kingdoms ; and for this cause in the realms subject to the crown of england , the law of nations also is in force in such cases , especially wherein the king himself , or his subjects , have correspondence or commerce with other nations who are not bound in those cases by the municipall laws of england . omnes populi ( saith justinian ) qui legibus & moribus reguntur , partim suo proprio , partim cōmuni omnium hominum jure utuntur : nam quod quisque populus ipse sibi ius constituit id ipsius proprium civitatis est , vocaturque jus civile ; quod vero naturalis ratio inter omnes homines constituit , id apud omnes homines plerumque custoditur , vocaturque ius gentium , quasi quo jure omnes gentes utuntur ; and in the same place it is said , ius gentium omni hominum generi cōmune est , & ex hoc iure gentium omnes pene contractus introducti sunt , ut emptio , venditio , locatio , conductio , societas , depositum mutuum , &c. and with this agreeth our doctor and student , lib. . cap. . where it is said , that trade and traffique is by the law of nations ; so that commerce , trade , & traffique for merchandize , between the people of several nations and kingdoms , is a principal subject of the law of nations ; and therefore to that question that hath been made in england , whether the ancient customes payable for merchandizes , did first grow due by our customary common law or statute law of england ? why may i not answer , that neither the customary law , nor the statute law of england , but the generall law of nations did first give these duties unto the crown of england ? for as the law of nations was before kings , for kings were made by the law of nations , ex jure gentium reges originem traxerunt , saith baldus ; so kings were no sooner made by the law of nations , but presently the same law , cum creatus fuerit rex ei omnia regalia conceduntur , & competit omnibus regibus jus imponendi quantum habet regalia , saith baldus , vectigalia introducta sunt à jure , &c. which is the law of nature or nations , ideo non otiosa sed favoralia , saith another doctor , did annex this prerogative to their several crowns , vectigalorigine ipsa jus caesarum & regum partimoniale est , saith another , inhaeret sceptro saith another and therefore when our ancient british kings took up customes for merchandizes transported into france , as strab● writeth , britanni vectigalia tollebant gravia earum rerum quas brevi traject● in galliam importabant ; shall we presume they did it by act of parliament ? no , for doubtlesse they did it by vertue of this prerogative given unto them by the law of nations ; for kings upon their first institution did greater things than this , by their prerogative , without the consent of the people , vetusissima coronae jura ex singulari regum decreto primitus orta , saith a learned doctor ; and at first saith iustinian , arbitria regum pro legibus fuere , and so saith halicarnassus , lib. . cicero offic. lib. . and truly as customes and impositions taken upon importations of merchandizes , being most properly called vectigalia , à mercibm evectis & invectis , are the most ancient duties payable to the king ; so are the same grounded , saith bodin , upon the greatest reason and equity in the world , quid est enim rationi & aequitati magis consentaneum quàm & is qui in nostro territorio & ex nostris questum facit principi nostro cujus permissu & sub cujus protectione negotiatu● aliquod perdat & presolvat ? and this common reason and equity which is the ground of these duties payable for merchandizes , what is it else but the law of nations ? which is nothing else but that which common reason hath establisht amongst all men for the common good of all men , and which all nations have received and imbraced for their mutual benefit and commoditie . neither is this the onely prerogative which the king of england hath by the law of nations , habet & rex in regno suo ( saith bracton ) alia privilegia de jure gentium propria , viz. soreceum maris thesaurum insentum grossos pisces , & balenas & sturgiones wavias , &c. huiusmodi de jure gentium pertinent ad coronam , saith stampford , prerogativa regis , fol. . . adde hereunto the absolute power of the king , to make war and peace , league and truces , to grant safe conducts , to pardon all offenders , to distribute all degrees of honour , and the like , wherein the king hath sole and absolute power , merum imperium & non mixtum , and which prerogative is as antient as the crown , and incident to the crown by the law of nations . lastly , for the proof that our common law doth acknowledge and prove the law of nations in most of these cases . the book edw. . . doth approve the kings absolute power in making war , peace , and leagues ; and in edw. . . that part of the law of nations , whereby the high constable and marshall of england , do proceed in their courts of war , and chivalrie , is called the law of the land . we finde also the kings sole power in hen. . rot. parliament . in archivis turris london , for coyning of money ; we have the case of mines , com. . for safe conduct of merchants , and stop of trades , tempore guerrae , and letters of reprisall we have edw. . . r. . . magna charta cap. . and the register wherein we find writs of reprisall . chap. iii. of the law merchant , which is a branch of the law of nations , and how it differs from our common law , and how in the judgement of our law , merchandizes do differ from other goods & chattels which do not crosse the seas , and how the common law and statute law of england do admit and allow of the law merchant . mercatura vel societas mercatorum est magna respublica ( saith vlpian ) and therefore that common-wealth of merchants hath alwayes had a peculiar and proper law to rule and govern it ; this law is called the law merchant , wherof the laws of all nations do take speciall knowledge ; first both the common law and statute law of england do take notice of the law merchant , and do leave the causes of merchants and merchandizes to be decided by the rules of that law ; for what saith the book of edw. . , ? a merchant stranger made sute before the kings privy council , for certain bailes of silk feloniously taken from him , and it was moved that this matter might be determined by common law , unto which motion the lord chancellor doth there answer ; this sute is brought by a merchant , who is not bound to sue according to the law of the land , nor to tarry the tryal of twelve men , nor other solemnity of the law of the land ; albeit , the king hath jurisdiction of him within the realm , and may cause him to stand to his judgement , yet this must be according to the law of nature , which some call the law merchant , which is a law universall throughout the word ; these are the words of that book , & it is there resolved by all the justices , that if the merchandizes of such a merchant stranger , be stollen and waved by the felon , the king himselfe shall not take those merchandizes as waifes , though in that case the goods of another person were lost by the common law of england . doth not this case make it manifest , that in the judgement of our common law , merchandizes that crosse the seas , are goods of another nature , quality , and consideration , than other goods and chattels which are possessed within the realm , and do not crosse the seas ? this learning is not common in our books , and therefore i think it meet to exemplifie this difference with more cases in this point . if two merchants be joynt-owners , or partners in merchandizes , which they have acquired by a joynt-contract , in this case the one shall have an action of account against the other , die legem mercatoriam , saith the register , fol. . and f. n. . d. and yet by the rule of the common law , if two men be joyntly possessed of other goods which are not merchandizes , the one shall not call the other to account for the same . again , if two merchants have a joynt interest in merchandizes , if the own die the survivor shall not have all , but the executor of the party deceased , shall by the law merchant call the survivour to an account for the moytie f. n. . d. whereas if there be two joynts of other goods which are not merchandizes , the survivor shall have all , per jus accrescendi , even by rule of the common law . again , in an action of debt , upon a simple contract which is without deed in writing , the defendant by the common law may wage his law , that is , he may bar the plantiff of his action by taking an oath that he doth not ow the debt nor any part thereof , and yet in itin. derby edw. . iohn crompton merchant , upon a contract without deed , the defendant would have waged his law , but was not permitted so to do , and so judgement was given against the said defendant . again , the goods of ecclesiastical persons are discharged of toll by the common law , si non exerceat marchandizas de eisdem , saith the register , . a. for then their goods are charged , being now become goods of another nature , when the same are turned into merchandizes ; so are the goods of the french nobility discharged by gabels and impositions if they traffique not , but if they traffique , saith bodin , their goods are charged like other merchandizes . again , for goods wrongfully taken within the land , the common law giveth remedy against the trespasser , or the wrongfull taker onely ; but if an english merchant be spoiled of his merchandizes upon the sea , or beyond the sea , by the subject of another king , the register doth give him a writ of reprisall against all the subjects of that nation , regist. . . and hen. . we find a more brief cause of justice , for there the king in respect of the loss which certain merchants of london had sustained , by an arrest made of their goods , made by the countesse of flanders , doth grant unto them all the merchandizes whereof the flemings were possest in england , rot. pa. e. . m. . in archivis turris london : whereupon the lord mayor of london , did seize so much goods of the flemish merchants as amounted to . marks , and delivered the same to thomas debassing , and other merchants , who had suffered loss by that arrest ; and in the same roll of ed. . the lord mayor of london , and bailiffs of southampton , are commanded by the kings writ , quod omnes mercatores londienses ad partes angliae accedentes per bona & catalla sua distringuantur sed in legem mercatoriā & consuetidinem regni ad satisfaciendum mercatoribus florentinis de pecuniis ipst mutuo tradiderunt willielmo episcopo leodiensi . here we see that lex mercatoria , which doth apparently differ from the ordinary cōmon law of this kingdom , is said to be consuetudo regni . and lastly , in a sute at the common law no mans writing can be pleaded against him as his act and deed , unlesse the same be sealed and delivered ; but in a sute between merchants , bills of lading , bills of exchange , being but tickets without seals , letters of advice and credences , policies of assurance , assignations of debts , all which are of no force at the common law , are of good credit and force by the law merchant . thus we see how merchandizes do differ from other goods and chattles in the eye of the law , and how the law merchant doth differ from the common law of england , and how the common law doth admit and allow thereof . our parliaments likewise have not onely made extraordinary provision for the more speedy recovery of debts due unto merchants for their merchandizes , than is provided by our common law , as appeareth by the statute of acton burnell , made the ed. . and the statute de mercatoribus made ed. . but also have course of proceedings , in cases of merchants differing from the course of our common law , for by the statute of ed. . cap. . it is declared , that the proceedings in causes of merchants shall be from day to day , and hour to hour , according to the law of the staple , and not according to the course of the common law ; and by another article in the same parliament , that all merchants comming to the staple , should be ruled according to the law of merchants , touching all things comming to the staple , and not by the common law of the land ; and by another article , that neither of the benches , nor any ordinary judges of the common law shall have any jurisdiction in those cases ; and lastly , that the law of marque and reprisall , which is a branch of the law merchant , shall be used as it had been used in times past . so as the parliament doth but declare the ancient law , and doth not introduce a new law in those cases . untill i understood this difference between merchandizes & other goods , and between the law merchant and the common law of england , i confess i did not a little marvell , england being so rich , and entertaining traffique with all nations of the world , having so many fair ports and so good shipping , the king of england also being the lord of the sea , and also a principall part of his royal revenue consisting in duties payable for merchandizes , so as many questions must of necessity arise in all ages touching merchants and merchandizes , what should be the cause that in our books of the common law of england , there are to be found so few cases concerning ships or merchants , or concerning customes or impositions payable for merchandizes . but now the reason thereof is apparent , for the common law of the land doth leave these cases to be ruled by another law , namely the law merchant , which is a branch of the law of nations . the law merchant , as it is a part of the law of nature and nations , is universall and one and the same in all countries in the world , for as cicero saith of the law of nations , non erit alia lex romae , alia athenis , alia nunc , alia posthac , sed & omnes gentes & omni tempore unalex eademque perpetua continebit , &c. so may we say of the law merchant , there is not one law in england , another in france , another in spain , another in germany , but the same rules of reason , and the like proceedings of the law merchant are observed in every nation ; for as our chancellor of england affirmeth , e. . . that the proceedings of the law merchant ought to be according to the law of nature , which is universall ; so say the civilians of severall nations . the italian doctor saith , in curia mercatorum naturalis aequitas praecipue expectanda , & ex aequo & bono causas dirimendas esse ; the french man saith , in curia mercatorum proceditur de mera aequitate omissis solemnitatibus & apicibus juris ; the spaniard likewise saith , apices & subtilitas juris non considerantur in foro mercatorio ; whereby it is manifest , that causes concerning merchants and merchandizes , are not wont to be decided by the peculiar and ordinary laws of every country , but by the generall law of nature and nations , out of which resulteth this conclusion . suppose it be admitted that by the positive law of the land taxes and tallages may not be laid upon our goods within the land , without an act of parliament , yet by the law of nations , and by the law merchant , which are also the law of england , in cases of merchandizes the king of england , as well as other kings , may by vertue of his prerogative , without act of parliament , lay impositions upon merchandizes crossing the seas , being goods whereupon the law doth set another character than goods possessed in the land , as is before expressed . chap. iv. of the imperial or civil law , and of the extent of the iurisdiction thereof , of what force it is at this day within the monarchies of europe , and in what case it is received within the king of englands dominions , and how it warranteth all kings and absolute princes to lay impositions upon merchandizes . when the city of rome was gentium domina & civitas illa magna quae regnabat super reges terrae , the roman civil law being communicated unto all the subjects of that empire , became the common law , as it were , of the greatest part of the inhabited world ; yet the extent thereof was never so large as that of the general law of nature , as it is noted by cicero , offic. lib. . majores nostri aliud jus geutium , aliud civile jus esse voluerunt , quod enim civile non idem continu● gentium , quod autem idem civile esse debet , whereby it is manifest , that the law of nations is and ought to be a binding law in all states and countries ; as it is binding , so it is perpetuall , and cannot be rejected , as the roman civil law is rejected in most of the kingdoms in europe , in such cases as do arise within the body of every kingdom . in france , philip le bell ( saith bodin ) de repub. lib. . cap. . when he erected the courts of parliament at paris , and mountpelier , did expresly declare , that they should not be bound in their judgments by the rule of the roman civil law , and in erecting of all the universities of france , they are charged in their severall charters , not to revive the profession of the civil and common law , as of binding laws in that kingdom , and therfore earum non imperio sed ratione utimur , saith another learned doctor of france . in spain , saith bodin , in the same place , several kings have made edicts , that no man upon pain of death , should allege the roman civill law as a binding law in their dominions . and that stephen king of spain did forbid the publique pleading of the civill law . as for england , to omit what pope elutherius wrote in his epistle to lucius the first christian monarch of the britains , and whereof mention is made in saint edwards laws de protestate regia & ecclesiastica , published in the time of hen. . petiistis ( saith he ) leges romanas & caesaris vobis transmitti quibus in regno eritaniae uti voluistis , leges romanas & caesaris reprobare possumus , legem dei nequaquam , &c. in a parliament holden in england r. . when a course of proceedings in criminal causes , according to the civil law was propounded , an answer was made by all the states assembled , that the realm of england neither had been in former times , nor hereafter should be ruled and governed by the civil law , rot. parliament . r. . in archivis turris london , and accordingly chopinus the french lawyer in his book de domino franciae tit. . speaking of the civil law , hujus romani juris ( saith he ) nullus apud anglos usus , sed ex veteri gentis instituto britani reguntur legibus municipialibus quas illis majorum mores praescripserunt . but this is to be understood of causes arising within the land onely ; for all marine and sea causes which doe arise for the most part concerning merch . and merchandizes crossing the seas , our kings have ever used the roman civil law for the deciding & determining therof , as the romans did use the law of the rhodians in those cases , according to the memorable rescript of the emperour anthonius , terram suis legibus rhodits regi . how be it now , those laws of the rhodians are digested and incorporated into one body of the civil law ; the jurisdiction touching causes arising upon the sea , is committed by the king of england to his admirall , who in his court of admiralty doth proceed in those cases according to the rule of the civil law . now for the rules of the civill law touching the power of kings , in laying impositions upon merchandizes , the same are clear without question , and observed without contradiction in all the nations of the world , regii tantum juris ac muneris est vectigalia imponere , redditus , seu vectigalia portus quae perveniant ex his quae in portum vel ex portu vehentur regalia sunt , rex qui non recognoscit superior em potest instituere nova vectigalia , &c. hoc est jus totius mundi , totus mundus . hoc jure utitur , the d. doctors who interpret the imperiall law , have their books full of these rules . and if it be objected , that these rules of the imperiall law are onely intended of the emperour , a learned civilian hath this position , plus juris habet rex in regno quam imperator in imperio , quia rex transmittit regnum ad successionem quod non facit imperator , qui est tantum electionis , &c. lastly , when i speak of the rules of the civil law , and make use thereof , i do apply the same onely in cases of merchandizes crossing the seas , which i do expresse by way of protestation , that i may not be mistaken here , and in other places where i cite the text of the imperiall law , as if i intended that law to be of force in england generally , as in other places . chap. v. of the canon or ecclesiastical law , and how far forth it doth examine and resolve this question in cases of conscience only . the canon law is received and admitted in england , as a binding-law in cases ecclesiasticall , which are indeed the proper subjects of that law . but this question of imposition is meerly civil , and therefore the canon law doth not handle it but in cases of conscience only , & so indeed it doth examin and determine in what cases an absolute prince may with a good conscience lay and demand new impositions , decret. causa . quaesti . . princeps potest indicere nova vectigaliae , and in summa summarum tit. de gabellis & exactionibus , these rules and distinctions are laid down . quilibet monarcha potest imponere novum vectigal , quod tamen boni viri arbitrio moderandum est , potest princeps imponere vectigal ultra conventionem in duobus casibus . quando redditus ejus non sufficiunt ad segimē boni & cōmunis & decentiam status-ejus . . quando non sufficiunt ex nova emergentia principes enim sunt à deo instituti ut nō quaerant propria lucra , sed cōmunem utilitatem populorum , lilia agri neque arant neque nent , which may be applyed , saith a french monk , to all princes , but espicially to the kings of france , because they bore the lilies . the canonists do likewise allege the example of our saviour , who paid an imposition of poll-money , and wrought a miracle to enable himself to do it ; that the tribute-money which christ commanded to be paid , date caesari quae sunt caesaris , and the custome which saint paul willeth every christian to pay willingly , reddite omnibus , cui tributum , cui vectigal , were but impositions raised by the emperours edict only , without the consent of the people ; and yet saint paul requires obedience to princes in that case , not only for fear of the princes displeasure , but for conscience sake , non solum propter iram sed propter conscientiam . chap. vi . that this question of imposition may be examined and decided as well by the rules of the laws before mentioned , as by the rules of our municipiall laws or common law of england . forasmuch as the general law of nations , which is and ought to be law in all kingdoms , and the law merchant is also a branch of that law , and likewise the imperiall or roman law have been ever admitted , had , received , by the kings and people of england , in causes concerning merchants and merchandizes , and so are become the law of the land in those cases ; why should not this question of impositions be examined and decided by the rules of those laws so far forth as the same doth concern merchants & merchandizes , as well as by the rules of our customary or common law of england , especially be cause the rules of those other laws are well known to the other nations , with whom we have commerce , and to whō and from whom all merchandizes are transported , wheras the rules of our own municipall laws are only known within our islands ; and if this question may be decided either by the laws of nations , or by the law merchant which is but a member thereof , or by the roman civil law , we find this point clearly and absolutely determined , and over-ruled by the rules of those lawes , viz. that all absolute kings and princes may set impositions upon merchandizes by their prerogatives , and thereupon we may conclude , that since one monarch hath as much power as another , as fortescue in his book de laudibus legum angliae , affirmeth , the k. of england , as well as any other king , as the emperour himself , cum ipse omnes libertates habet in regno suo quas imperator vindicat in imperio , as king william rufus told the arch-bishop anselm , may by vertue of his royal prerogative annexed to his crown , and inherent to his scepter , lay impositions upon merchandizes exported or imported into any of his kingdoms or doninions . chap. vii . of the kings prerogatives in general , and that the same do consist in certain speciall points or cases reserved to the absolute power of the crown ; when the positive law was first established , and that the canon law of england doth acknowledge and submit it self to those prerogatives . by the law of nature all things were cōmon , and all persons equal , there was neither meum nor tuum , there was neither king nor subject ; then came in the law of nations , which did limit the law of nature , and brought in property , which brought in community of things , which brought in kings and rulers , which took away equality of persons , for property caused contracts , trade , and traffique , which could not be ministred without a king or magistrate ; so as the first and principal cause of making kings , was to maintain property and contracts , and traffique , and commerce amongst men . hereupon by the same law of nations , tributes and customes became due to the king or prince to maintain him in his place of government , quasi ministerii sui stipendia , saith the school-man , deo minister est tibi in bonum ideo & tributa potestas , saith saint paul , and all these things , namely property , and contract , and kings , and customes , were before any positive law was made ; then came the positive law , and limited the law of nations , whereas by the law of nations the king had an absolute and unlimited power in all matters whatsoever . by the positive law the king himself was pleased to limit and stint his absolute power , and to tye himself to the ordinary rules of the law , in common and ordinary cases , worthily and princely , according to the roman emperour , dignissimum principe rex se allegatum legibus confiteri , retaining and reserving notwithstanding in many points that absolute & unlimited power which was given unto him by the law of nations , and in these cases or points , the kings prerogatives do confist ; so as the kings prerogatives were not granted unto him by the people , but reserved by himself to himself , when the positive law was first established ; and the king doth exercise a double power , viz. an absolute power , or merum imperium , when he doth use prerogatives onely , which is not bound by the positive law ; and an ordinary power of jurisdiction , which doth co-operate with the law , & whereby he doth minister justice to the people , according to the prescript rule of the positive law ; as for example , the king doth not condemn all malefactors , but by the rule of the positive law ; but when the malefactor is condemned by the law , he giveth him a pardon by his absolute prerogative . again , the king doth punish the breach of the peace within the land , by the ordinary course of the cōmon law , but he doth make war and peace with forreign nations , quod pertinet ad liberum jus gladii , as a doctor speaketh , by that absolute and unlimited power , which the law of nations hath given unto him . again , the king doth establish the standard of money by vertue of his prerogative only , for the common law doth give no rule touching the matter , or form , or value thereof ; but when those monies are dispersed into the hands of the subjects , the same do become subject in respect of the property thereof , to the ordinary rules of the common law . again , the right of free-hold and all inheritance , and all contracts reall and personall , arising within the land , are left to be decided by the positive law of the land ; but the government and ordering of traffique , trade , and commerce , both within the land and without , doth rest in the crown as a principall prerogative , wherein the king is like to primum mobile , which carrieth about all the inferiour spheres in his superiour course , and yet doth suffer all the planets underneath him to finish all their divers and particular courses ; or rather he doth imitate the divine majesty , which in the government of the world doth suffer things for the most part to passe according to the order and course of nature , yet many times doth shew his extraordinary power in working of miracles above nature . and truly , as the king doth suffer the customary law of england to have her course on the one side , so doth the same law yeeld , submit , and give way to the kings prerogative over the other ; and therefore in the hen. . fol. . there is a rule , that every custome is void in law quae exaltat in praerogativum regis , which is an argument , that the kings prerogative is more ancient than the customary law of the realm ; besides , the power of the kings prerogative above the common law doth appear in this , that whereas all privileges do flow , and are derived from the kings prerogative , and every privilege in one point or other privat communem legem , yet the common law doth admit and allow of privileges granted by vertue of the king prerogative . chap. viii . of the kings prerogative in the ordering and governing of all trade and traffique in corporations , markets , and fairs within the land , and the common law doth acknowledge this prerogative , and submit it self thereunto . first , it is manifest that all corporations of cities and boroughes within the land , were chiefly instituted for trade and commerce , and not by the rule of common law ; no such corporation can be made but by the kings charter ; for though there have been some corporations which have been time out of mind , yet the law presumes that the same at first had their beginnings by the grant of the king ; besides , we find in divers ancient charters made unto those corporations , a power granted unto the king to take de omnibus rebus venalibus within their liberties , certain sums of money , viz. de libra piperis , so much , de libra zinziberis , so much , de quolibet panno , &c. for murage , or towards the reparation of their walls , which is nothing else but an imposition laid by the kings charter to maintain those cities & boroughs wherein trade and traffique is maintained ; wee find such a charter granted to nottingham , edw. . pat . m. . in arch. turris london . the like is granted to cloneniell , and to some other towns in ireland . f. n. . b. we find a patent granted to a burrough in england , to take for five years a certain sum of money of every passenger , toward the paving of the same town . again , no fair or market may bee holden within the realm , neither can a multitude of subjects assemble themselves together to that end , without a speciall warrant or grant of the king ; and when a subject hath a grant of a fair , he hath a court of py-powder incident thereunto , wherein the proceeding in summary & de plano from hour to hour , as in the court of merchants ; and for the government of all fairs and markets , especially touching weights and measures , the standard whereof was first established by the kings ordinance , to whom the establishing of the standard monies , which is mensura publica omnium rerum commutabilium , is also reserved as a speciall commoditie . besides , in every fair and market where things are bought by retail , for the necessary use of the buyer , and not to sell the same again as merchandizes in another market , for that is regrating and unlawfull , by the rule of the common law , there is a toll taken , which is nothing else but an imposition laid upon the buyer , and that that toll was originally imposed by the kings prerogative , it is manifest in this , that the ancient tenants of the crown , namely the tenants in ancient demeasne , are discharged of toll in all markets and fairs ; and that the king by charter hath discharged divers other persons of toll , as appeareth in the register of writs , and fitz. na. brevium , where we find divers writs essend quiet de theolneo . but this discharge of toll is onely for things bought for necessary use of the buyer , and for merchandizes , for the tenants in ancient demeasne are discharged of toll , for such things only as are for their provisions , or manurance of their lands , and in the writ which dischargeth the goods of ecclesiasticall persons of this toll , there is this clause , dummodo non faciat merchandizas de iisdem , as is before declared . lastly , the kings prerogative in the ordering and government of trade within the realm , doth appear in that notable charter granted to the abbot of westminster , recited in the register of writs , fol. . wherein the king doth grant to the abbot and his successors , to hold a fair at westminster for thirty two dayes together , with a prohibition that no man should buy or sell within seven miles of that fair , during that time . chap. ix . that the king hath another prerogative in the government in the trade of merchandizes crossing the seas , differening from the prerogative which he useth and ordereth in trade and traffique in markets and fairs within the land , and of the difference between custome and toll by the rules of the common law . touching merchandizes crossing the seas outward and inward , the same are of another quality , and the law hath another consideration thereof , than it hath of such things as are bought and sold in fairs and markets within the land , as is before expressed ; and therefore the duties payable upon the exportation and importation of merchandizes , have another name , being called customes , and not toll , and are also paid in another manner , for customes must be paid before the merchandizes be discharged and brought to land ; whereas toll is not paiable but for goods brought into the fair or market . again , custome must be paid whether the merchandizes be sold or not , but toll is not due but for goods bought and sold in the market . again , custom is alwayes paid by the merchant , who selleth or intendeth to sell his merchandizes in grosse ; but toll is ever paid by the party who buyeth some commodity for his proper use and provision by retail . lastly , if customes be not paid or agreed for before the merchandizes be discharged and brought to land , the merchandizes are ipso facto forfeited , and may presently be seized to the use of the king ; but if toll be not paid , the thing sold is not forfeited , only it may be distrained and detained till the toll bee paid ; or an action upon the case may be brought for the toll . these differences between custome and toll do apparently prove that merchandizes for which customes are paid , do differ from other goods sold in the markets and fairs , for which toll is taken , and that the trade of merchandizes crossing the seas , and the trade that is used in markets and fairs , are ordered by different prerogatives ; and as the tolls of severall kinds which are taken in markets , fairs , and towns corporate , were first imposed by vertue of that prerogative , whereby the king ordereth all trade within the land ; so by vertue of that other prerogative whereby the king governeth the trade of merchandizes crossing the seas , the crown of england , ever since the first institution of the monarchy , hath from time to time raised and received out of merchandizes , customes , and impositions , of divers nature and natures , according to the diversities of merchandizes exported and imported , and the divers occasions and necessities of the comercion . chap. x. of the ancient duty called custome , payable for our principall commodities exported , and that it was originally an imposition . the ancient duties payable for merchandizes , were but of two kinds , and known by two names , customes and prizes ; customes were paid for homebred and native commodities exported , and prizes were taken out of forreign commodities imported . the native cōmodities out of which custome was paid , were wooll , wooll-fells , and leather , and this custome did consist of rertain rates or sums of mony , imposed by the king upon those merchandizes exported , which rates were raised and reduced higher or lower , from time to time , as occasion did arise ; for although in the time of king edw. . the customes payable for those commodities were reduced to this certainty , viz. to a demi mark for every sack of wooll , a demi mark for every three hundred wooll-fells , and a mark for every last of leather , which we call now the great and ancient custome , ab initio non fuit sic , these were not the rates from the beginning , for not long before that time there was a greater and more ancient custome paid for the exportation of those commodities , britanni ( saith strabo ) vectigalia tollebant gravia earum rerum quas brevi trajectu in galliam importabant ; this was magna customa in the time of the britans ; and though the certain rates thereof doth not appear , yet because the same were gravia vectigalia in those dayes , we may easily beleeve that custome to have been greater than the demi mark for a sack of wooll . again , the statute of magna charia , which was as ancient as king iohn , speaketh of ancient customs payable for merchandizes , and the book of edw. . maketh mention of ancient customes granted to king iohn , in the town of southampton , which doubtlesse were other customes than that of the demi mark , &c. for that in the record of the tower , edw. . rot. sin . . & rot. patent of the same year , m. . the demi mark which was first established by the kings letters patents , is called nova custuma , and this was a diminution of the ancient custome , saith the book of . h. . dyer . again , when the same king edw. . had by his writ onely , without act of parliament , established the custome of the demi mark , &c. in ireland , in all the customers accounts , which are found in the pipe-rolls , in the time of edw. . edw. . edw. . in that realm , it is also called nova custuma , which importeth as much as a new imposition , for imposition is a new name , and hath been of use but of late years , whereas every new charge laid upon merchandizes in ancient times , was called nova custuma , as the lord chief baron fleming observed in his argument in bates case of currans , in the exchequor of england ; but because this custome of a demi mark was a reducement made by king edw. . of the great and ancient custome to that proportion which was then thought reasonable ( as after upon sundry petitions of the commons , was allowed by the succeeding princes ) it obtained in tract of time , the name of the great and ancient custome ; this custome of demi mark was not granted to the king by parliament , but reduced to that rate by the king , by the prayer of the cōmons , as is expressed in the record of . edw. . fin . memb. . for albeit the charter for confirmation of magna charta , made in edw. . doth recite , that the demi mark was granted by the cominaltie , yet is there no act of p. printed or recorded , wherein that grant of the cominaltie doth appear , neither can it stand with the rule of reason that the demi mark being a diminution of the ancient custome should proceed from the grant of the cominalty to the king , for the king would never have accepted of such a grant as did diminish his revenue , neither had it been thank-worthy or acceptable , and therefore the king having a negative voice , would never have given his assent to such a grant in parliament ; but it is to be presumed that this diminution of the ancient custome was made in parliament , and not by parliament , and that by prayer of the commons , as the record of edw. . rot. fin . memb. . testifieth , the king was then well pleased for that time to draw down the ancient custome to that rate , and the people did willingly yeeld and consent to the payment thereof ; and this i take to be the true interpretation of the charter or statute made in edw. . and therefore because we find no act of parliament whereby the people did originally grant the great and ancient customes to the king , and because we find it was uncertain and subject to diminution and alteration , we may conclude , that it was but an imposition laid by the king from time to time by vertue of his prerogative , without any grant from the cominalty of the realm who can make no grant but by act of parliament ; & in truth it were absurd to affirme , that the great and ancient custome imposed upon native commodities of the kingdom was first granted by act of parliament ; since it cannot be imagined that ever those commodities did passe out of the kingdom , without custome , being equal in time with the first scepter ; and since the scepter was established many hundred years before the people were called to be in parliament ; besides , the very name of custome doth note and argue that it began before any act of parliament was made , for that it signifieth a duty payable or accustomable to be paid time out of mind , which in presumption of law , is before any record ; wherefore the rules in the lord dyers book are good law , viz. the king hath an estate of inheritance in the custome payable for merchandizes , as being a prerogative annexed to his crown . and again , hen . . custome is an inheritance in the king by the common law , and not given by any statute . chap. xi . of the ancient duties called prizes , taken out of forreign goods imported , except wines , and the petty-customes of three pence of the pound were accepted by king edw. . in lieu of prizes . for the forreign commodities which are brought into england , our kings in ancient times did not take any rates , or customes , or sums of money , but took such part of the severall commodities in specie , as they thought fit for their proper use , paying for that they took a price as themselves did likewise think fit and reasonable , which was called the kings price ; this prerogative is proved by the rule of the imperiall law , rex non recognoscens superiorem potest è india in propria causa , and also by the rule which is given edw. . . where the bishop of norwich having forfeited to the king thirty talents of beasants of gold , because the quantity and value thereof was uncertain , it was adjudged that the kings house should set down of what quantity and value every talent should be , and that the same should be paid accordingly ; and by the same prerogative , whensoever any subject is to pay a fine or ransome unto the king for a contempt , the king himfelf doth limit and set the fine or ransome at his own will or pleasure . the forreign commodities thus taken by the king in spain , at his own price , were called prizes , but because these prizes were many times grievances to the merchants , and brought little or nothing to the kings coffers , that prudent prince edw. . by that famous charter called charta mercatoria , made in the year of his reign , did remit unto all merchant strangers their prizes , and did grant quod de caetero super mercimonia merchandizas vel bona ipsorum per ipsum regem vel ministros suos nullos nulla appretiatio vel estimatio apponeretur , & quod nulla prisa vel arrestatio ratione prisae inde fieret , &c. and the charter doth further recite , that for the remission of these prizes the merchants strangers did grant unto the king three pence upon the pound , now called the petty-custome , out of all forreign merchandizes imported , except wines ; and for our native commodities exported , they would pay for every sack of wooll four pence , and for every three hundred wooll-fells six shillings and four pence , and for every last of leather a demi mark , over and above the duties payable by denizens for the same commodities ; which grant being made by the merchants of every nation , not being incorporated and made a body politick , is in respect of them of no force of the rule of the common law , until the kings charter made it good and maintained it , untill it was confirmed by parliament edw. . which was fifty years after the date of the charter , upon the matter these duties payable by merchant strangers , were onely impositions raised and established by the kings charter , which charter being made in england , was afterwards established , exemplified under the great seal of england , and transmitted into ireland , with a special writ directed to the officers of the customes there , to levy three pence of the pound , and other duties mentioned in that charter , as appeareth in the red book of the exchequer there ; by vertue of which writ onely , without act of parliament , the three pence of the pound and other duties were levied and paid to the crown in ireland . chap. xii . of the ancient customes payable for wines , called prizage and butlerage . the most ancient custome payable for wines is prizage , which is not any sum of money , but two tunns of wine in specie , out of every ship freighted with twenty tun , the one to be taken before the mast , and the other behind the mast of the ship ; and the price which the king himself did limit to pay , was twenty shillings onely , for every tun , as appeareth by an ancient record of hen. . whereby we may conjecture , what easie rates the king gave for the prizes of other merchandizes . this custome of prizage was meerly an imposition , for it could not be granted by the merchants of forreign nations , being no body politique , as is before declared ; neither is there any act of parliament wherby our own merchants did ever grant it unto the crown . this duty of prizage was remitted unto the stranger , by the charter of edw. . before mentioned , and in lieu thereof , by vertue of the same charter , the king before mentioned receiveth two shillings for every tun of wine brought in by strangers , which we now call butlerage ; but prizage is paid in specie by all our own merchants at this day , the citizens of london onely excepted , who having remissiō of prizage by a special charge , were charged with a new imposition called gauge , viz. de quolibet dolio d. de vinis venientibus london , which was accounted forreign , magno rot. an. edw. . in the office of the pipe at westminster ; the last of these impositions , which by the continuance have gotten the name of custome , was laid and imposed three hundred years since , and have ever since been approved , and are now maintained by the common law of england , as the lawfull and ancient inheritance of the crown . chap. xiii . of the ancient officers which our kings have created by vertue of their prerogatives , to search and over-see all sorts of merchandizes , and to collect the duties payable for the same . as our ancient kings by vertue of their prerogative without parliament , have laid the customes or impositions before expressed , upon all sorts of merchandizes exported and imported ; so by the same prerogative have they ordained severall sorts of officers to search and over-see those merchandizes on which they had laid those impositions , namely the gauger of wines , a high officer , is as ancient as the imposition of the gauge it self before mentioned ; the alneger of the cloths which is more ancient than any act of parliament that makes mention of the cloths , for there is a record of edw. . in archivis turris which speaketh of the alneger , the packer of woolls , the garbellor of spices ; besides , the officer of the customes , viz. the customer comtroller and searcher ; all which officers have ever taken fees of merthants , both denizens and aliens , not by grant of the merchants or act of parliament , but by vertue of their severall patents granted from the king . chap. xiv . of other impositions , besides the ancient customes before mentioned , laid upon merchandizes , by severall kings and queens since the conquest ; some of which impositions have been discontinued or remitted , and some of them are continued and paid at this day ; and first of the imposition set by king edw. . over and besides the customes spoken of before . it appeareth in the record of the exchequer of england , that in edw. . an imposition of four shillings was laid upon every tun of wine brought into england , from certain towns in gascogine and spain , and at this day answered and compted for duty , for the space of ten years , untill the edw. . when it was remitted but during the kings pleasure only ; it appeareth likewise edw. . by the charter of the confirmation then made of the great charter , that king edw. . had for divers years before , set and laid an imposition of fourty shillings upon every sack of wooll exported , which ad instantiam communitatis he was pleased to remit ; which remittall was of meer grace , upon the petition of the commons , after that imposition had been laid many years before ; and it is to be noted , that this imposition of fourty shillings upon a sack of wooll , was taken and levied above twenty years together , after the new imposition of the demi mark upon a sack of wooll , which was set and established ; for that begun in edw. . and this imposition of fourty shillings continued till edw. . which is a strong argument that the first establishment of the demi mark , was not by a binding act of parliament , with a negative voice , that no other duties should be taken for those merchandizes , as was surmized , but was only a mitigation or reducement of a greater custome paid before , which was done of meer grace , upon some reason of state at that time . chap. xv . of the imposition set and taken by king edward the second . king edward the second , in the beginning of his reign , did as well take the ancient as the new custome upon wooll , wooll-sells , and leather , which ancient custom must needs be intended an ancient imposition over and besides the demi mark , which was then called the new custome , and this appeareth by a record in the tower , ed. . claus. memb. . where the king directeth his writ , collectoribus suis tam antiquae quam novae customae lanarum pellium & corriorum , and requireth them to pay certain debts of his fathers , king edward . out of their old and new customes , and a hundred thousand pound pro damnis occasione retardationis solutionis debitis , &c. and howbeit afterwards , he being a weak prince and misguided by ill counsell , and over-ruled by his unruly barons , was driven first to suspend the payments of his customes of three pence the pound , and other duties contained in charta mercatoria , during pleasure only , as appeareth by his writs of supersedeas , directed to the collectors of his customes , e. . claus. memb. . and after that by an ordinance made edw. . utterly to repeal that charter , and to abloish all other impositions raised or levied since the coronation of his father , ed. . except the customes of the demi mark ; notwithstanding after that , again anno . of his reign , when he wanted money for his expedition into scotland , exquirentes vias saith he in his writ to the collectors of his customes at london , rot. fin . memb. . in archivis turris , quibus possemus pecuniam habere commodius & decentius , tandem de consilio & advisamento quorundam mercatorum inveniemus subscriptum , which was , that he should receive by way of loan forsooth ( which never was repaid ) a greater increase of custom upon all merchandizes imported and exported , for it is expressed in the vvrit , that praeter incrementum de lanis coriis & pellibus lanutis , which was a third part more than the demi mark , viz. twenty shillings for every noble ; the king was to receive for every coloured cloth worth three pound sterling , a noble ; for every other cloath worth fourty shillings , four shillings ; for every peece of scarlet , a mark ; for every tun of vvine , five shillings ; for all forreign commodities called averdepois , two shillings the pound ; all which sums of mony he commandeth the collectors of his customes to collect to his use upon their merchandizes ; which levy or collection , though it bear the name of a loan , being not made by authority of parliament , nor with the consent of the whole cominalty , but taken up by the kings vvrit onely , was nothing else but an imposition laid upon merchandizes by the kings prerogative . chap. xvi . of the impositions laid and levied upon merchandizes , by king edward . king edward the third reigned a full jubilee of years , for he dyed in the fiftieth year of his reign ; and during all this time , as there lay upon him a continuall charge for the continuance of his vvars , so was he continually supplied with his customs and impositions which he had laid upon merchandizes , whereof he was so great a husband , & by reason of his good husbandry spent such huge sums of money , as there went a report in those dayes , that raimundus lullius the famous alchimist , did make that elixer for him , whereas his improving of those duties which were paid for merchandizes , was the true philosophers stone , which did enrich him , and enable him to spend so many millions in his vvars in france . in the first year of his reign , by his wit only , without act of parliament , he gave new life to charta mercatoria , made by edw. . and repealed by edw. . or rather by unruly barons , for the words of the writ are , that the customes and duties payable by the charter , praetextu ordinationum per quosdam magnates in regno nostro factos , ad tempus aliquod cessarunt , & jam adnullatis dictis ordinationibus colligi debent & levari , sicut tempore dicti avi nostri , &c. edw. . rot. fin . memb. . in archivis turris . afterwards the records of this kings time do plentifully declare , that he by vertue of his prerogative , without act of parliament , laid many great impositions , and raised extraordinary profit upon merchandizes , though not alwayes after one manner , yet all the means he used may be reduced unto three kinds . sometimes he did impose certain rates or sums of money upon merchandizes , as fourty shillings upon a sack of wooll , with a ratable proportion upon other commodities , for levying whereof hee only sent out his writs to the collectors of his customes in every port ; and this kind of imposition being of the nature of the impositions now in question , was more usuall and frequent than any other in this kings reign , as appeareth by sundry records in the exchequer , and in the tower of london , e. . rot. . in sccio angliae . e. . rot. parliament . numb. . in arch. turris , e. . rot. . sccio angliae . e. . rot. parliament . , . in arch. turris . e. rot. . in sccio angliae . e. . rot. . sccio angliae . e. . rot. parliament . numb. . in arch. turris . e. . rot. . sccio angliae . e. . rot. parliament . numb. . in arch. turris . at other times he sent out commissions to take up great quantities of wooll and other commodities , at a low price , set by himself , and transported the same beyond the seas , where he made the best profit thereof , for payment of the wages of his army there , as appeareth by a speciall record in the tower , e. . rot. almaniae pars . numb. . in dorso . these taking prizes of english merchandizes , are the first i find in any record ( for the kings provision of houshold , is of another nature ) but the king took these woolls in point of prerogative , as his predecessors were wont to take prizes of all forein commodities , untill king e. . did remit all prizes to merchant strangers , by charta mercatoria , as is before expressed ; and also such of english merchants as would pay the customes restrained by that charter , were offered the like immunition from prizes , ed. . rot. parliament , numb. . but our english merchants refused the benefit of that charter , and therefore the king it seemeth was at liberty to take prizes of them as well as strangers . the king did many times shut up all the ports , and stop all trade , and then granted licences to all particular persons to transport wool and other commodities , for which licences he took fourty shillings , sometimes fifty shillings for a sack of wool , and the like rate for other merchandizes , and this is manifest by these records , ed. . rot. . in sccio angliae , edw. . rot. parliament . in arch. turris . thus did this warlike and politique prince , king edw. . by his prerogative , without act of parliament , lay sundry impositions and charges upon all sorts of merchandizes ; and although upon petition of his subjects in parliament , when they granted him other aids and subsidies of greater value than these his impositions , he did many times remit and release those impositions , yet did he oftentimes renew the same , or impose the like again , when the aide or subsidy granted in recompence was spent , as shall be shew'd more particularly when i com to answer the objections which have been against his majesties rightfull prerogative , in laying impositions upon merchandizes . chap. xvii . of the profits raised unto the crown out of merchandizes during the reigns of several kings who succeeded k. edw. . untill the reign of queen mary . true it is , that during the reign of these princes , we finde no impositions directly set upon merchandizes by their absolute power or prerogative ; but they did not forbear to lay impositions directly , for that they wanted right so to doe , or because they doubted of their right in that behalf ; for they well knew they had the same right , the same prerogative , and absolute power that their predecessors had ; but because they found other means to make other profit upon transporting of merchandizés , and that in another manner , and in so high measure , as the trade of merchandizes in those daies could hardly bear any greater charge , without danger of overthrowing all trade and comerce : and therefore those princes did in their wisdomes forbear to lay any further impositions by their prerogatives : for these kings who reigned after king edw. . who conquered callis in france , and before queen mary lost callis , had two principal waies and meanes to raise extraordinary profits upon merchandizes , but proceeding from one cause , namely , from establishing the staple at callis ; for king edw. . some few yeares before his death , did by his prerogative in point of government , without act of parliament , erect a staple at his town of callis , and did ordain , and command , that all the merchandizes exported out of england , wales , and ireland , by any merchant denison , or alien , should presently be carried to the staple at callis , and to no other place beyond the seas . this staple at callis was first setled and fixed there by an ordinance which the king made by virtue of his prerogative and absolute power in the government of trade and comerce , without act of parliament : and if this ordinance so made had been thought unlawful , and against the liberty of the subject , it would never have been approved and confirmed by the judgements of so many parliaments in the times of rich. . hen. . hen. . and edw. . neither could there have been such heavy penalties layd by those parliaments upon the transgressors of those ordinances : insomuch as in the time of king henry the sixth , it was made felony to transport any merchandizes to any part beyond the seas but to callis onely . now the staple of callis being thus established , there did arise a double profit to the crown for transportieg of merchandizes over and above the ancient customes and other subsidies granted by parliament . first it came to pass , that the customs and subsidies for merchandizes transported out of england , wales , and ireland , which before was single , and payd but once , that is , upon the outgate ; after the establishing of the staple at callis , the duties for the same merchandizes became double at the least , and for the most part treble , and were ever payd twice , and for the most part thrice ; namely , once upon the outgate in the ports of england , wales , and ireland ; secondly , upon the ingate at callis ; and because all the commodities brought into callis could not be vented into the main land there , but the greatest part was to be exported again by sea into higher or lower germany , and other the north-east countries , and some into spain , and italy , and the hands of the levant , there did arise a third payment of customes and subsidies for so much of their commodities as were exported again cut of callis , by meanes whereof the customes and subsidies did amount to threescore thousand , or threescore and ten thousand pounds sterling , per annum , in the latter times of king edw. . and during the reign of rich. . hen. . hen. . and the beginning of the reign of hen. . as appears by the records of the exchequer of england , which according to the valuation of moneys at this day , the ounce of silver being now raised from two shillings to five shillings , do make two hundred thousand pound sterling , per annum , which doth equal , or surmount all the customes , subsidies , and impositions received at this day , though that plenty of money , and price of all things , and consequently the expences of the crown be exceedingly increased in these times . and albeit the breach of amity between the crown of england and the duke of burgundy , who was the lord of the lower germany , in the weak and unfortunate time of king hen. . did cause a stop of trade between us , and that country into which the greatest part of our staple wares , especially wooll and cloth were vented , and uttered , and was likewise the cause of loss of all our territories in france , except callis , and all the merchandizes thereof , whereby the customes , and other duties payable for merchandizes were in the time of that unhappy prince withdrawn , and diminished to a low proportion ; yet afterwards upon the mariage of margaret , sister to king e. . unto the lord duke of burgundy , as that in honour of the english wooll , which brought so much gold into his country , he instituted the order of the golden fleece ; and thereupon the customes , subsidies , and impositions were raised again to so high a revenue , as our kings could not well , in policy , strain that strength of profit upon merchandizes any higher . secondly , albeit the staple established at callis being first established by an order made by the kings prerogative and absolute power , was afterwards approved and confirmed by sundry acts of parliament , yet did the king by another prerogative retain a power to dispence with that ordinance , and those acts of parliament , and to give license to such , and so many merchants as himself thought fit , to export any merchandizes out of england , wales , and ireland , unto any other parts beyond the seas besides , à non obstante of the first ordinance , and of the statutes which did establish the staple at callis . by virtue of this prerogative and power , the several kings who had callis in their possessions , did grant so many licences to merchants , as well aliens as denizens , to transport our staple commodities immediately into other places without coming to callis , for which licences , whereof there are an incredible number found in the records of england , the merchants payd so dear for their commodities , especially the genoeses , and the venetians , and other merchants of the levant , as by the profits made of those licences did amount to double the value of those customes and subsidies payable for exportation thereof ; and thereof those princes as they had the less need , so had they no reason at all to charge the trade of merchandizes with any other , or greater impositions . in these two points before expressed doe consist the principal cause why the princes of england who succeeded king edw. . who won callis , untill the reign of queen mary , who lost callis , did not directly use their prerogative in setting any other impositions upon merchandizes above the ancient customes and subsidies granted by parliament : for it is to be observed , that most part of those princes who reigned after k. edw. . and before queen mary , had the subsidy of tonnage and poundage granted unto them by parliament , which being added to the gain of the staple of callis , did augment not a little the profit layd upon merchandizes . and may be a reason likewise why those kings did forbear to lay any other impositions by their prerogative . we may adde hereunto other reasons . first , rich. . was a minor , and over-ruled by the great princes of the blood , who would not suffer him to use his prerogative . secondly , that during the wars of lancaster and york there was no fit time to make use of that prerogative , while both parties did strive to win the favour of the people . thirdly , that king hen. . had much ado to settle himself in the quiet possession of the kingdome after those troubles . fourthly , that king h. . had such a mass of treasure left him by his father , and did so inrich himself by dissolution of abbyes , as he had no need to make use of this prerogative . fiftly , that k. e. . was also a minor , and that his chiefest council did more contend to advance their own houses than the kings profit . chap. xviii . that queen mary did use her prerogative in laying impositions upon merchandizes . queen mary , in whose time the town of callis was lost , and consequently the benefit of the staple at callis was lost , did by her absolute power , as appeareth by the report of the lord dyer , eliz. dyer . raise an imposition upon clothes , viz. six shillings and eight pence upon every cloth , over and above all customes and subsidies . true it is , that the merchants petition'd to be disburthened of this imposition , which was referred to the consideration of the justices , and other ; whereupon they had many assemblies and conference , as that book reporteth : and albeit the resolution of the judges in that behalf be not found in that book , it is to be presumed , that they adjudged the imposition to be just and lawfull , because it was continued and answered during all the reign of queen mary . this queen mary likewise by her preroonely , layd an imposition of four marks upon every tun of french wines over and above the prizage and buttlerage , which during her life time was payd without contradiction . chap. xix . that queen elizabeth also used her prerogative in laying impositions upon merchandizes . queen elizabeth also by virtue of the same prerogative , did not only continue the impositions layd by queen mary upon cloths and french wines , but did raise other impositions of sundry sorts of merchandizes by the same absolute power ; namely , upon every tun of sweet wines , upon every tun of rhenish wines , upon every kental of allom , which during the time of the prudent princess were payd and received without question . besides , the same queen , upon complaint made unto her in the twelfth year of her reign , that the state of venice did impose one ducket upon every hundred of currans exported out of their dominions by the merchants of england , did by her letters patents , grant unto the english merchants who traded into the levant , that they only , and their assigns , might bring currans into england . the english merchants having this privilege , did take five shillings and six pence upon every hundred waight of currans brought into england by strangers , which was duly payd , although it was taken by the merchants by virtue of their privilege only of fortiori ; yet it ought to have been payd if it had been payable to the queen her self , as the lord chief baron fleming did observe in his argument of bate's case of currans in the court of exchequer in england . chap. xx . that our soveraign lord king james hath by virtue of the same prerogative , without act of parliament , layd several impositions upon merchandizes . his majesty likewise when he came to be king of england finding his crown to be seized of this prerogative , and finding withall the necessary charge of the crown exceedingly to increase , did for the supportation thereof , not onely continue the impositions layd by queen mary , and queen elizabeth , but also layd new impositions upon sundry sorts of merchandizes , over and above all customes and subsidies formerly due and payable for the same : and these are the impositions now ; the principal of these is twelve pence upon the pound , or a second poundage set upon merchandizes as well exported as imported , by letters patents . iuly , in the sixth year of his majesties reign ; but how is it set and imposed , surely with such moderation , and limitations , and such receptations full of grace and favour , as no monarch or state in the world did ever impart to their subjects the like in the like case ; for , besides other gracious clauses contained in the same letters patents , all commodities serving either for food , or sustenance of the kings people , or seting the poor on work , or for munition or defence of the realm , or for maintainance of navigation , or which especially tends to the enriching of a kingdome , are excepted and discharged by this imposition . as for the special impositions which his majesty hath set upon certain forrein commodities , as currans , logwood , tobacco , &c. as touching the first of these , the imposition hath been adjudged lawful in the court of exchequer of england : and for the other commodities , they are of such nature , as no man ever made question but that the impositions set upon them were lawful . besides these impositions layd in england , his majesty by his prerogative onely , since the beginning of his reign , received the impost of wines in ireland ; and hath likewise , to make equality of trade in that realm , layd an imposition of twelve pence on the pound of all other merchandizes imported and exported out of the ports of dublin , waterford , drogheda , and galway , the citizens of which cities and townes are exempted and discharged of poundage granted by act of parliament there , which imposition was never impugned in ireland , but hath since the setting thereof been levied and payd without contradiction . and that wee see how long the crown of england hath been seised of this prerogative , in laying impositions upon merchandizes , and how the same hath been put in practice by the most prudent princes since the conquest . chap. xxi . the general reasons whereupon this prerogative is grounded . although it be a matter of difficulty , and doth savour withall of curiosity and presumption , to search a reason for every prerogative that is incident to the crown ; for sacrilegii est disputare de principis facto , saith the imperial law ; and scrutator majestatis opprimitur à gloria , saith the wise man : yet the reasons whereupon this prerogative is grounded are so many , and manifest , as it were not amiss to collect the principal of them , rather for the confirmation , than the satisfaction of such as have moved this question touching the lawfulness of impositions layd by his majesty upon merchandizes . first , the king is the fountain of all justice , and therefore the first reason drawn from the kings charge in doing justice , and procuring justice to be done to merchants , not onely distributive justice , wherein consisteth praemium and paena , but cōmutative justice is also derived from the king . now his majesty doth exercise commutative justice chiefly in the ordering and government of trade and comerce , wherein hee is to doe justice , or to procure justice to be done to his subjects , who do make contracts real and personal within the land : but to his merchants that trade and traffique with forrein nations , and to strangers that trade & traffick with us , for the administration of cōmutative justice within the land , the king receiveth sundry profits , which grew first by way of imposition . a man cannot recover a debt in the kings court , but first he payeth the king a fine for his first process : land cannot be conveighed by a common recovery but a fine for the original must be payd to the king . neither can land be passed from one to another by fine in the kings court , but the kings silver must be payd , pro licentia concordandi . adde hereunto the profit of the seals in all the kings courts , for all manner of writs : and yet the king in charta magna did promise , nulli negabimus , nulli vendemus iustitiam vel rectum ; but the kings taking of these , and the like duties , is no breach of the great charter , for that the same was imposed by the king long before the charter was made and taken , ut ministerii sui stipendia , as the schoolman speaketh ; and withall to recompence the charge of the crown in maintaining the court of justice : see bodin lib. . de repub. cap. . where hee speaketh of the like profit made upon the process in france : and shews that the antient romans did the like : and the emperour caligula took the fortieth penny of that which was demanded in every several civil action . if then such profits be taken for the king in his courts of justice within the land , towards the charge which he sustaineth in the maintainance of these courts and the offices thereof , which duties were at first limitted and imposed by the king himself without any act of parliament ; for who ever heard of an act of parliament whereby the same were granted ? is there not as good reason why the charge of the king in doing justice , and procuring justice to be done unto merchants , whose residence and comerce is for the most part out of the land , should be recompenced out of merchandizes imported , and exported , not according to the will of the merchant , and pleasure of the people , but proportionable according to the kings charge , which being best known to himself , it is most meet that the recompence should be limitted by himself ? touching the charge of the king in doing , and appointing justice to be done to merchants ; are not all leagues , truces , and treaties of state with forein princes , wherein the publique trade and comerce of merchants are ever included , concluded , and made at the kings charge ? did not the kings council of state , and high court of chancery give more speedy hearing to the causes of merchants than to the causes of other subjects ? doth not the king maintain a court of admiralty for deciding of marine causes , which doe for the most part concern merchants ? doth he not bear the charge of several leiger ambassadors in italy , in spain , in france , in the lom . countries , in turkie , whose principal negotiation doth consist in procuring justice to be done to our merchants ? and if our merchants doe suffer wrong in any forein country by reason of any defective neglect in doing justice there , doth not the king by his prerogative grant them letters of mart , or reprisal , that they may right themselves , which is a species justi belli , as the civilians call it ? and if the injury done to the merchants bee multiplyed and continued with a high hand , is it not the kings office to denounce and prosecute war against such a people as doth refuse to doe justice unto his merchants ? for this cause the romans began the first punick war , saith appian , cicero in his oration pro lege manlia , affirmeth , populum romanum faepe mercatoribus injuria suis tractata bella gessisse . briefly , the plenty of money being greater in this age than ever was there by reason of so many millions of gold and silver brought from the indies into europe , and the price of all merchandizes being withall greatly enhanced , and the charges and expences of princes exceedingly encreased , is it meet or just that : the king at this day should be stinted or bound to that old demimark onely for native commodities , or the three pence of the pound for the forein commodities which edw. . was content to accept of four hundred years since , or a single poundage onely , which in the time of king edw. . was not sufficient to maintain the necessary charges of keeping the sea , as the acts of parliament , . edw. . cap. . which granteth that subsidy to the king , reciteth all the kings charge in supporting the trade of merchants being unlimited , and infinite : and shall the duties payable for merchandizes be stinted and restrained to such a proportion only as the subject shall bee pleased to grant unto him ? assuredly if the king had not a prerogative of his own absolute power without act of parliament , to increase the duties payable for merchandizes at this day , a merchants counting-house would be richer than the kings exchequer ; and the subject who may live privately , and moderate his expenses , and yet raise the fines of his coppy-holds , and rents of his demeans without controlement , would be in better case than the king , who by reason of the majesty of his estate cannot abridge his charges , and yet should have no power of himself without leave of his subjects to increase his revenue . again , the king is not only at charge in doing of justice to his merchants at home , and in procuring justice to bee done to them abroad , but he doth withall maintain a royall navy of ships , the best , the fairest , the strongest in the world at this day , to protect all merchants from spoyl and piracy on the sea . in the maintainance of this navy , the king doth expend more treasure than the whole revenue of some of his predecessors did amount to . and he doth not onely secure merchants by sea , but he gives them safe conduct by land also , as appeareth by the great charter : so as they may well give our king that title which virgil gives to the king of bees , ille operum custos : and seeing merchants are most likely resembled to those industrious creatures , because they bring the hony to the kings hives , to wit , to his havens and ports , where they , and their merchandizes bee protected and reserved , why should they not imitate the bees in observing their king , and in making him partaker of the fruit of their labours ? neither is it a new thing , or an invention of this age , to lay impositions upon merchants for their waftage and protection at sea ; for plinius tels us , lib. . cap. . merces praetiosae ut ex india , arabia , ethiopia , tuto in europam à mercatoribus conveherentur , necessariò classem parandam esse adversas piraticas incursiones , inde maritimi exercitus habendi causa vectigal rubri maris institutum . a third reason drawn from the interest the king hath in the parts of the kingdom , and the custody thereof , which giveth him power to shut and open the same at his pleasure . again , all the ports of the kingdome are the kings , not onely the cinque-ports , which have a special warden appointed by the king , but the rest of the ports are also his , and many of them bear a mark of the kings inheritance in their additions , as linn regis , waymouth , melcombe regis , pool regis ; for the king is custos totius angliae regni ; as the four seas are the walls of the kingdom , so the havens and creeks are the gates , and posterns of it . they are ostia , they are ianua regni ; and we find two ports in italy called by those names , the one at the mouth of tiber , the other corruptly called genoa , but the true name thereof is ianua . and as the havens are ianua regni , the king himself is ianus , and hath power to open and shut them at his pleasure . omnia sunt nostra clausa patentque manu . saith ianus in the poet . and again , modo namque patulchus idem & modo sacrifico clusius ore vocor . the king of england hath ever had this prerogative incident to his crown , to shut and open the ports when it pleased him , as appeareth by many records , especially by the parliament rolls in the time of king edw. . wherein are found many petitions that the sea might be open , which during that kings time was often shut by virtue of his prerogative only , and never fully opened again , but when the king layd an imposition upon merchandizes . and this prerogative of custody of the ports , and of shutting and opening the same , is reserved unto the crown upon an excellent reason : for trade and comerce is not fit to be holden with all persons , neither are all things fit to be imported or exported : for such persons as are enemies to the crown , & come to discover arcana regni , such persons as come to corrupt religion , or the manners of the people , such persons as under colour of merchandizes come to set up monopolies , or a dry exchange to drain or draw away our commodities or money out of the kingdom , are not fit to enter in at the gates of the kingdome . and again , such commodities as the kingdom cannot spare , as corn in time of dearth , and such as may advantage our enemies and hurt us in time of warre , as horses , armor , gunpowder , &c. are not fit to be exported out of the realm : and poysons , heretical books , and other things which are apparently hurtfull to the people , are not to be imported ; and therefore the prerogative of opening and shutting the ports is accompanied with another absolute power , of stoping and imbarring of trade & comerce , sometimes generally , sometimes between us and particular nations , and sometimes for particular merchandizes only , whereof there are many presidents and examples both in records and histories of our nation , edw. . rot. parliament . m. . in archivis turris . edw. . rot. fin . m. . ibid. edw. . chaunc . m. . in dorso ibid. hen. . sccio angliae , matthew paris hist. magna p. . hen. . stow. and this prerogative of imbarring trade , doth result out of the undoubted prerogative which the king hath to make peace and war with forein nations , for open war is no sooner denounced , but all trade of merchandize is stopt and imbarred between the nations which are ingaged in the warre , durante bello inter reges christianos merces quascunque exportare vetamur ne regni arcana scrutentur , saith a doctor of the imperiall law ; whereupon wee make this argument , that since the king hath absolute power of shut the ports , and stop trade , it standeth with as good reason that he shold have the like power to lay reasonable impositions upon merchandizes for opening of the ports , and for giving of freedome of trade again ; he that may doe the more , may doe the lesse , non debet ei cui id quod majus est , id quod minus est non licere , saith the rule of the law ; hee that may prohibit merchants not to trade or passe , may dispence with that prohibition , and give them leave to go and traffique sub modo . again , the king of england is dominus maris , which floweth about the island , as divers ancient books and records do testifie , as fitz avowry . rich. . protection . . rot. scotiae . m. . in arch. turris . and he is lord of the sea , not only quoad protectionem & jurisdictionem , sed quoad proprietatem , and this is our neptunes trident , for god gave unto man as well the dominion of the sea as of the earth , where it is said , gen. . replete terram & subjicite eam , & dominamini piscibus maris , &c. and in psal. . omnia subjecit pedibus ejus , pisces maris & quicquid perambulat semitas maris . and therefore baldus affirmeth , de jure gentium distincta esse dominia in mare sicut in terra arida , and again , mare attribuitur terrae circunstanti . hence it is , though there be but one ocean , in resepct wherof the whole earth is quasi insula , saith strabo , yet is there mare gallicum , sardicum , creticum , aegypticum , & oceanus britanicus , germanicus , &c. which particular names do note a propriety in the princes and states , who are lords of the land adjoyning . hence it is that our common law doth give unto our king all the land which is gained from the sea , which stampford in the book of the kings prerogative doth affirm to belong to the king , de jure gentium , quia mare seu particula maris est de territorio illius civitatis vel regni cui magis appropinquat , saith one learned doctor , mare se extendit cum aquae sint mensurabiles , saith another ; hence it is , that all navigable rivers , as the river of thames , and the river of lee , and divers others , are called in our books , the kings streams , . ass. p. . dyer . a. because such rivers are arms of the sea , so far as the sea doth flow in them , . ass. p. . and lastly , hence it is , that by the common law , the king may prohibit all subjects whatsoever to passe over the seas without his licence ; and to that end in edw. . the king commanded the warden of the cinque ports , and the bailifs of all other ports of the kingdom , that they should not suffer any man , ship , or boat , to passe beyond the seas , quousque rex illud mandaverit , and the like commandments were given , edw. . edw. . rich. . hen. . if therefore the king hath such an absolute interest in the ports , and in the sea , and in all navigable rivers wherein the kings ports are situated for the main part , why should he not have the like absolute power to limit and prescribe unto merchants what duties they shall pay , and upon what terms and conditions they shall passe to and fro upon the seas , and come in and out of his streams and ports with their ships and merchandizes ? podagium in mari debet solvi sicut in teria si sit impositum per dominuni maris , saith baldus , and the rights belonging to the lord of the sea , saith another doctor , are ius navigandi , jus piscandi , jus imponendi vectigalia pro utroque . again , the kings of england have the like prerogative in the government of trade and comerce belonging to this kingdome , as other princes and states have within their dominions ; he must of necessity have the like absolute power as they all have to lay impositions upon merchandizes imported and exported , otherwise he cannot possible hold the ballance of trade upright , or perserve an equality of traffique between his own subjects and the subjects of forein princes , and consequently it will lye in the power of our neighbours to drain and draw away all our wealth in a short time , or else to overthrow all trade and comerce between us and them at their pleasure , and we shall have no means to encounter or avoid the mischief ; for their princes , having sole power to impose , will have the sole making and managing of the market between their subjects and us , and consequently may set what price they please upon all merchandizes , enforcing us to sell our commodities cheap , and buy their commodities dear , onely by this advantage of laying impositions . and therefore the king of england must of necessity have the same absolute power to lay impositions upon merchādizes , as other princes have , as well , ut evitetur absurdum , as to prevent the ruin of the common-wealth , by the equall ballancing of trade & comerce between his subjects and the subjects of forein princes . upon this reason when the duke of venice , in the time of q. eliz. as is before expressed , had laid an imposition of one ducket upon a li. weight of currans carried out of his dominions by any english merchant , the queen by speciall patent in the twelfth year of ●●e reign , did enable the merchants which did trade into the levant , to levie five shillings and six pence upon every livre. weight of currans brought into england by any merchant stranger . upon the like reason , when in the time of king hen. . the emperor and the freneh king had raised the valuation of their monies both so high , as there grew not only an inequality of trade between their subjects , and the subjects of england , but our monies standing at their former values , were carried out of the realm in great quantities ; the king in the year of his reign granted a commission unto cadinall woolsey to enhance the values of english monies likewise , by that means to set ballance of trade even again , and to keep our monies within the realm . upon the same reason of state , when the king of spain that now is , in the year . had laid an imposition of thirty upon the hundred on all merchandizes imported and exported by strangers ; the french king hen. . was quickly sensible of it , and did forthwith impose the like in his kingdom ; then it followed of necessity that other nations should follow and imitate them , whereby it came to passe that comerce of merchants generally throughout christendome , began to decay , which being perceived by these two great princes , they agreed to take away those excessive impositions , upon severall treaties between them and the italians , and after between them and the english , and the dutch . briefly we find examples in all ages , that whensoever by reason of warre , or for any other cause , any forein prince gave the least impediment to merchants in their trade , our princes gave the like entertainment to their merchants again ; this is declared in magna charta , cap. . where it is plainly expressed what entertainment the merchants of all nations should expect in england , habeant salvum & securum conductum ( saith the charter ) praeterquam in tempore guerrae & si f●●rint de terra contra nos guerrina , then as our merchants are used with them , so shall their merchants be used with us , edw. . the countesse of flanders having arrested the goods of the english merchants there , the king in recompence of their losses , granted unto them all the goods of the flemings in england , whereof there is a notable record mentioned before , edw. . pat . m. . in arch. turris . there are many other examples of mutuall embarments of trade between the flemings & us , and also between us and the french men during our wars with france , which i omit ; i will recite onely one president in the year of queen elizabeth , at which times the merchants of the haunce towns having by sinister information procured the emperour to banish our english merchants out of the empire ; the queen by her speciall commission , did authorize the mayor and sheriffs of london to repair to the still-yard , being the hostell of the haunces , to seize that house into her majesties hands , and there to give warning to the merchants of the haunce towns to forbear traffique with any of her subjects in england , and to depart the realm upon that very day , which was assigned to our merchants to depart out of the empire . lastly , for the ordering and government of trade among our own merchants in forein countries and at home , our kings by their prerogatives have instituted divers societies and companies of merchants , as the company of merchant-adventurers , the muscovia company , the turkie company , the east india company , &c. all which are created , upholden , and ruled , by the kings charter only ; whereupon i may conclude , that the kings of england having the same power in governing and ballancing trade , as other princes have , may justly execute the same power , as well by laying impositions upon merchandizes , as by the other means which are before expressed . chap. xxii . of the several objections that are made against the kings prerogative in laying impositions upon merchandizes , and the several answers thereunto . the first objection touching the property which all free subjects have in their goods . first , it is objected , that under a royal monarchy where the prince doth govern by a positive law , the subjects have a property in their goods , and inheritance in their lands ; ad reges potestas omnium pertinet and singulos proprietas , so as the king hath no such prerogative , say they , whereby he may take away the lands or goods of a subject without his consent , unless it be in a case of forfeiture . and therefore though samuel foretold the people when they desired a king , hoc erit ius regis , tollere agros vestros , & vineas , & oliveta , & d●re servis suis : yet ahab , though he were a wicked king , did not claim that pretogative when he coveted naboths vineyard , neither did he enter into it untill naboth by false witnesses was condemned and stoned to death for blasphemy , and then he took it for a lawfull escheat ; but when the king doth lay an imposition upon merchandizes without the consent of the merchants , and doth cause the officers of his customes to take and levie the same ; it seems say they , they take away the goods of the subject without his consent , and without cause of forfeiture , which is not warranted either by law of nations , which brought in property , nor by the law of the land , which doth maintain property . chap. xxiii . the answer to the first objection . to this objection we answer , that the king doth not take the land or goods of any without his consent ; but here we must distinguish , there is a particular and expresse consent , and there is an implicit and general consent , when a man doth give his goods , or surrender his lands to the king by deed enrolled , or when in parliament which representeth the body of the whole realm , and wherein every man doth give his consent , either by himself , or his deputy . a subsidy is granted to the king , there is an expresse consent ; but when subjects who live under a royall monarchy , do submit themselves to the obedience of that law of that monarchy , whatsoever the law doth give to that monarch , the subjects who take the benefit of the law in other things , and doe live under the protection of the law , doe agree to that which the law gives by an implicit and general consent , and therefore there are many cases where the king doth lawfully take the goods of a subject without his particular & expresse consent , though the same be not forfeited for any crime or contempt of the owner . if a theef do steal my goods and waive them , the king may lawfully take those goods without my particular consent , and without any fault or forfeiture of mine ; but in regard i live under the law , which giveth such wayves unto the king , he taketh not the same without my implicit consent ; so if my horse kill a man , the king may lawfully take my horse a deodand without my fault or consent in particular ; but in that i have consented to the obedience of the law which giveth all deodands to the king , he taketh not my horse without the implicit or generall consent of mine . in the time of war the king doth take my house to build a fort , or doth build a bulwark upon my land , he doth me no wrong , though he doth it without my consent , for my implicit consent doth concur with it , for that i being a member of the common-weal , cannot but consent to all acts of necessity tending to the preservation of the common-wealth . so if the king doth grant me a fair or market , with a power to take a reasonable toll ; if a man will buy any thing in my fair or market , i may take toll of him , though i give no particular consent to the grant , because the law whereunto every subject doth give consent and obedience , doth warrant the taking of toll in every market and fair granted by the king . so it is in case of impositions , the law doth warrant the kings prerogative to impose upon merchandizes , as is before declared , and therefore though the merchants give not their particular consents to the laying of these impositions , yet in regard they live under the protection and obedience of the law , which submits it self to this prerogative , and allow and approve the same ; it cannot be said that the king doth take these impositions of them without their implicit and generall consent . chap. xxiv . of the second objection touching the uncertainty and unbounded largenesse of this prerogative . the second objection is against the uncertainty and unlimited largenesse of this prerogative , for in other cases they say , where the king taketh the goods of a subject by his prerogative , there is a certainty what he may take , as in the case of wayvs , he may take onely the goods wayved , and no more . in case of deodand , he may take only the thing that causeth the death of a man , and no more . in case of wreck , he may take only the goods that are wreckt , and no more . in case of wardship of land holden in capite , the king may take the profits of the land , till the heir sues his livery , and no longer . in case where the king hath annum diem & vastum , hee may retain of the lands of the felon attainted , which are holden of other lords for a year and a day , and no longer . in all these cases there is a certainty what the king shall have , and how long he shall have it ; but in case of imposition , the quantity or rate thereof high or low , is left to the kings own will or pleasure ; so as if he should be mis-led , as many princes have been , with evill counsell , he might with his prerogative doe hurt the cōmon-wealth , by laying too heavy burthens upon his subjects ; for though hetherto his majesty hath imposed upon merchandizes only twelve pence on the pound over and above the ancient custome and the subsidies granted by parliament , yet this prerogative being unlimitted , he may hereafter ( say they ) set five shillings or ten shillings upon the pound , if it please him , and so undoe the merchants , or discontinue and overthrow all trade and comerce . chap. xxv . the answer to the second objection . to this objection the fittest answer is , that it is an undutifull objection , and withall too busie , too bold , and too presumptuous ; for it is an objection against the wisdome of the king in point of government , and against the bounty and goodnesse of the king towards his people : the text of the civil law cited before , doth call it a kind of sacrilege to dispute of princes judgments or actions ; and for the law of england , sure i am , that it trusteth the wisdome and judgement of the king alone in matter of greater importance than in laying of impositions , or setting of rates upon merchandizes . is not the kings wisdome only trusted with the absolute power of making war and peace with forein nations , whereby hee may when hee pleaseth interrupt all trade of merchandizing ? is not the king alone trusted with the like power of making and decrying of monies which is the onely medium of all traffique and comerce ? is not he solely and without limitation trusted with the nomination and creation of all judges and magistrates , who are to give judgement in cases concerning the liberties , lands , and lives of all his subjects ? hath not he a sole and unlimited power to pardon all malefactors , to dispence with all penal laws , to distribute all honours , to grant to whom he pleaseth protections , denizations , exemptions , not only from juries , but from all other services of the common-wealth ? and yet these prerogatives if the same be not used with judgement and moderation , may prove prejudicial to the common-wealth , as well as the laying of impositions upon merchandizes . shall therefore any undutifull subject make these conclusions ? the king may have a continuall warre with forein states and princes , and so continually corrupt all courses of merchandizes , ergo , he shall lose his prerogative of making war or peace , when himself in wisdom shall think fit so to do . the king may decry all monies of gold and silver in bullion , and establish a standard of copper or leather ; therefore he shall coyn no monies without the consent of the people . the king may if he please , break up all the prisons , pardon all offenders , and so give impunity to all offenders ; ergo , he shall pardon no malefactors by act of parliament . these are found absurd , or rather wicked conclusions , à posse adesse is an absurd argument , but à posse & nolle nobile est . the law presumes the king to be so noble and so wise , that all acts done by him , or in his name during his infancy , are of as good force in law , as if the law had bin done in his ripest years . the law presumes the king to be most just in all his actions , & therfore it hath these rules ; the prerogative of the king can do no wrong , the king can commit no disseisin , the king can make no discontinuance , and the like , cor regis in manu domini , saith solomon , and therefore the law presumeth , that god will ever direct him to that which is just ; is it not then too much curiosity to instruct where the law trusteth , and too much presumption to presume against the presūption of the law , especially in the time of such a king who is the wisest , and justest , the most religious , and most gracious king that ever reigned in europe ? can any man imagine that so great a master in the art of government , the most prudent king of great britain & ireland , the two greatest islands in this hemisphere , and seated most commodiously for traffique , which all the world knowing that the duties paid unto him for merchandizes , are the most certain , settled , and assured , and withall the best and richest part of his revenues at this day , will lay heavier impositions upon merchandizes than they are able to bear , and so destroy all trade and comerce ? when king hen. . his most prudent predecessor , did lend money to his merchants to maintain traffique , will he for a little extraordinary profit for the time present , pluck up at once the root , and dry up the fountain of this revenue for the time to come ? it is unprobable , it is uncredible , it is impossible ; but suppose that this is credible , that the king should lay such heavy impositions upon merchandizes , as all merchants should refuse to traffique , who should lose most by that , the king or his people ? assuredly hee should suffer an exceeding great losse in his customes ; but we that are of the commons should save by it , having all things necessary for the life of man within the land , which is . terra suis content a bonis , non indiga mercis . we should spare these vain expences which we now make upon forein commodities , namely cloath of gold , cloath of silver , silks , spices , wines , and many other superfluous & unnecessary things , which doe nourish pride , and luxury , riot and excesse amongst us , which corrupt our manners , and in the end will be the ruin of the common-wealth ; i may therefore conclude this point , that since the king hath power by his prerogative to lay impositions upon merchandizes , he hath also a power coincident thereunto , to limit and rate the proportion and quantity thereof , according to his own wisdom & reasons of state , from time to time ; for either the king must set down the rates , or the people , or the king and people both by act of parliament ; but if the people will not assent or agree to a reasonable limitation thereof in parliament , shall the king lose those royal duties which all other kings do take by vertue of their prerogative ? it were most unreasonable , absurd , and unjust . chap. xxvi . the third objection , touching the repeal of charta mercatoria by king edw. . and the remitall of divers impositions by king edw. . upon sundry petitions of the commons in parliament , and the punishment of divers persons in parliament for procurtng impositions to be set up . thirdly , it is objected , that this prerogative of laying impositions upon merchandizes , hath never at any time been set a foot and used by any of his majesties progenitors , but it hath been contradicted , and upon petitions of the people , such impositions have been suspended , remitted , and abolished ; first , king edw. . say they , in the year of his reign , did by his charter called mercatoria , spoken of before , lay the imposition of three pence in the pound , now called the petty-custome , with an increase of other duties upon merchandizes imported by strangers ; howbeit , this imposition stood not above seven years by vertue of that charter , but it was discontinued and quite taken way ; for in edw. . the charter it self was suspended by the kings writ , edw. . claus. m . in arch. turris , and edw. . it was utterly repealed by a solemn ordinance of state , rot. ordina . edw. . in arch. turris . secondly , king edw. . did at sundry times during his reign , lay severall impositions upon woolls and other staple commodities , sometimes fourty shillings , sometimes fifty shillings upon a sack of wooll , and other the like rates upon merchandizes , yet could be never fix nor settle the same upon his subjects ; for upon sundry petitions of the commons in parliament , who found themselves grieved therewith , these impositions were from time to time remitted , edw. . rot. parliament . in arch. turris . edw. . cap. . edw. . rot. parliament . numb. . ed. . rot. parliament . numb. . again , the same king many times did shut up all the ports , and thereby restrained the exportation of merchandizes ; then would he take great sums of money to grant licences to transport , which proved as great a charge as impositions , and yet upon sundry complaints of the people in parliament , the sea was set open , and liberty of trade permitted again , stat. edw. . cap. . edw. . rot. parliament . numb. . in arch. turris . edw. . in sccio angliae . rot. . edw. . rot. parliament . numb. . in arch. turris . lastly , in the last year of this kings reign , divers persons were accused and punished in parliament , for procuring new impositions to bee set upon merchandizes , namely , the lord latimer , who albeit he were a noble man , and a privy counsellor to the king , yet was he fined , committed to the mashalsee , and put out of the council , edw. . rot. parliament . nu . in arch. turris . richard lions likewise , a citizen of london , and farmer of the customes , an instrument of the l. latimers in raising the new impositions , was fined , ransomed , and imprisoned , and put from the franchise of the citie . edw. . rot. parliament . numb. . in arch. turris . and one iohn peachy , who had gotten a monoply of sweet wines , by letters patents , and by colour thereof had extorted three shillings and four pence out of every pipe or vessell of wine vented by others , was also fined and imprisoned , and made satisfaction to the parties grieved , edw. . rot. parli . numb. . and more than this , a bill was preferred by the commons in this parliament , that such as should set new impositions , should have judgement of life and member , edw. . rot. parliament . num . . in arch. turris . these examples strook such a terrour at that time , as from the time of king edw. . till the reign of queen mary , being a hundred and fifty years and upwards , there was no man found that would advise the king of england to set or levie any impositions upon merchandizes by prerogative , and therefore we find no imposition laid upō merchandizes all that space of time ; queen mary indeed began to set on foot this prerogative again , and laid an imposition of three shillings and eight pence upon every cloth transported out of the kingdome ; but what doth the lord dyer report , eliz. f. ? the merchants of london ( saith he ) found themselves greatly grieved , and made exclamation and sute to queen elizabeth to be disburthened of that imposition , because it was not granted by parliament , but assessed by queen mary her absolute power ; these frequent petitions , complaints , and exclamations , these suspensions and remitalls of impositions , are good arguments ( say they ) against the right of this prerogative . chap. xxi . the answer to the third objection . this objection consisteth of several parts , and shall recieve an answer consisting of divers parts ; the first part of this answer , king edw. . being a prudent and resolute prince , did not onely impose the three pence upon the pound upon merchant strangers , by his charta mercatoria , but justified and maintained that imposition during his life . true it is , that after his death , king edw. . it was repealed , as is before objected ; but whose act was this ? by whom was this ordinance made , which did repeal this charter ? not by the king and his parliament , but by certain rebellious barons , who took upon them the government of the realm , and called themselves ordainers ; wherefore king edw. . in the first year of his reign , did revive that charter , and commanded by his writ that the customes and duties therein contained should be collected and levied to his use ; he maketh mention of these ordinances of edw. . and saith the same were made per quosdā magnates , and not by the king , as appeareth by the record , edw. . rot. fin . memb. . in arch. turris , which in another place before i have recited , by which record it likewise appeareth , that those ordinances edw. . were before that time repealed and made void , and therefore that which was done in that time of that unfortunate prince , over-ruled by his unruly barons , is not to be urged and used as an example , especially since they that urge this repeal of charta mercatoria , might , if they would find any thing which makes against their contradicting humour , find in the said roll of ordinance , made in edw. . divers arcles wherein those ordainers did wrong and wound the prerogative in matter of greater importance than in the repeal of that charter , for they might have found among the same ordinances these things ordained . first , that the king should not make gifts of lands , rents , franhises , wards , or escheats , without the consent of the ordainers . secondly , that all gifts and grants formerly made by the king , not only of land and other things in england , but in gasconie , ireland , and scotland , should be resumed and made void . thirdly , that the king should not depart out of the realm , nor make warre , without the assent of his barons , and of his parliament . that because the king was misguided and counselled by evill counsellers , it was ordained , that all his counsel should be renewed , and new officers and servants appointed for him . these traiterous ordinances were made against the king at that time , and therefore it is a shame that any part of these ordinances should be made an argument against the right of the crown in laying impositions upon merchandizes ; for with the same reasons they might argue the king had no right to grant his lands , rents , wards , or escheats , that he might not go out of the realm , nor make warre , nor choose his own counsellers or servants without an act of parliament ; and it is manifest , that those factious barons did cause the king to forego the said impositions , rather ad faciendum populum , and to gratifie the cōmons , and to draw them to their party , than for the good of the cōmon-wealth ; for if they had been good counsellers they would have done as the senate of rome did , when nero in a glorious humor to please the people , would needs have discharged at once all customes and impositions ; the senate gave him thanks for his favour towards the people , but utterly diswaded him so to doe ; telling him , that in so doing , he would ruine the state of the common-wealth ; for indeed no common-wealth can stand without these duties , they are nervi , they are succus & sanguis reipublicae , and therefore no cōmon-wealth was ever without them , but the imaginary common-wealths of plato and sir thomas more , for they doe both agree ; for in the common-wealths of which they dream , there was nothing to be paid for merchandizes exported and imported . but to return to king edw. . what followed upon the repeal of charta mercatoria , and the discharge of impositions which king edw. . established ? was not that poor prince king edw. . enforced to take up great sums of money of his merchants , by way of loan , which he never repaid again ? edw. . rot. fin . m. . whereby the merchants received a greater detriment than if they had made a double payment of customes and impositions which the king had discharged , and therefore the example of this weak prince doth make but a weak argument against the right of the crown , in laying impositions upon merchandizes ; and here i think it fit to observe that they were all wise and worthy princes which are spoken of in former ages , to have laid impositions upon merchandizes , namely solomon in the holy land , iulius caesar and augustus caesar in the empire , king ed. . and king ed. . in england ; but on the other part , they which released all customes and impositions , were but weak princes , and destroyed themselves and the common-wealth wherein they lived ; namely nero in the empire of rome , king edw. . and king rich. . with us ; and truly by the rule of our common law , the king cannot , if he would , release all subsides and aids of his subjects , that they should be for ever discharged of all subsidies to be given to the crown , such a grant were made void , and against the law . secondly , touching the petitions exhibited to the king in sundry parliaments , against impositions laid by that king upon merchandizes , upon view of the record wherein these petitions are contained , with their answers made by the king thereunto , it is evident , that neither the petitions of the people , nor the kings answers thereunto , do disprove this right of the crown to lay impositions upon merchandizes ; for petitions do not of necessity prove or suppose the petitioners have received wrong ; petitions are of divers kinds . . there are petitions of grace , which do not insist upon any right , but upon meer grace and favour . . there are petitions of right , wherein the petitioner doth set forth a pretended right , and yet perhaps upon examination it is found that they have not right at all , and commonly they ask more than their right is , iniquum pet as ut aequum fer as . . there are petitions armatae , when a company of rebels armed against the crown , do yet preferre their petitions , but with an intent to effect their desire , whether it be right or wrong , if their petitions be not granted , et stricto supplicat ense petens , many of their armed petitions were exhibited during the barons wars , during the wars of lancaster and york , and in sundry popular comotions since the conquest ; but these petitions which we speak of were made by the commons , or by some factious spirits , in the name of the commons , in sundry parliaments holden during the reign of king edw. . howbeit , if wee look upon the form of these petitions , we shall find there is nothing sought but grace and favour ; and if we consider the kings answers , though many of them be very gracious , we shall find him therein much reserved , and withall circumspect not to prejudice or conclude his prerogative in point of right ; the form of these petitions was for most part but thus , the commons pray , that the imsitions or maletolt of fourty shillings upon every sack of wooll may cease or be taken away , and that the custome of the demi mark may onely be taken : or thus , the cōmons pray , that the passage of the sea may be open to all manner of merchants and merchandizes , as it had been in former times ; herein we find no claim or challenge of right , but a modest prayer of grace and favour , unlesse the word mayletolt may seem to imply a wrong , because some do conceive that the word doth signifie an evil toll , wheras indeed the word doth signifie toll-money , for mayle in old french is a small peece of money , and therefore the rents taken by force in the borders of scotland , was called blackmayle , and the word mayletolt , in some of our old statutes is taken in bonam partem , which speaks of droiturell mayletolts . but in what form doth edw. . make his answers to those petitions ? in divers formes , according to the diversity of the occasions & reasons of state , but alwayes in a gentle and gracious manner , sometime he granteth the petition in part onely , for a certain time , or after a certain time expired , that his people may know , that as he receiveth part of the petition , so he might have rejected the whole if he might have been so pleased ; sometimes he granted the whole petition , yet not absolutely but conditionally , that hee may receive a greater recompence ; but wheresoever he doth franckly yeeld to remit any imposition , we find in the same record a subsidy granted unto him of far greater value and profit than the imposition by him remitted , wherein we perceive that he followed the wise counsell of roabohams old counsellers , given in the like case of impositions , kings cap. . sihodie obedieris populo huic & petitioni eorum cesseris locutusque , diebus , &c. sometimes he gives a generall or doubtfull answer , and sometimes hee is silent and gives no answer at all ; so as he doth never bind nor conclude himself by any of those answers to those petitions , but with such reservation as he might still make use of his prerogative in laying impositions upon merchandizes ; to demonstrate this point more plainly , it were not amiss out of many records which i have seen , and whereof i have the copies transcribed out of the records themselves , with mine own hands , to select and set down some of those answers in any of the kinds aforesaid . in edw. . cap. . the cōmons pray the king that he would grant an act of parliament that no more custome should bee taken for a sack of wool but a demi mark , nor for lead , nor tin , nor leather , nor wooll-fells , but the old customes . this petition is general and extending to all staple comodities without exceptions of persons , or limitation of times ; but what is the kings answer ? that from the feast of pentecost , which commeth , unto a year , neither he nor his heirs shall take of any englishman for a sack of wooll , more custome than the half mark , upon wooll fells , and leather , no more than the old custome . here this petition is granted but in part ; first , in respect of the persons , for englishmen only are favoured , and strangers are omitted ; secondly , onely in respect of the commodities , for wooll-fells and leather onely are exempted , and tin and lead remain to be charged as before ; thirdly , in respect of the time , for the king continueth his impositions formerly laid for a year and more , notwithstanding that petition . but let us see withall what the king did gain in parliament , upon yeelding to the peoples petition but in part ; in the first sessions of this parliament , it was granted that every man who should ship woolls over the seas , should find sureties to bring in upon his first return , for every sack of wooll , two marks of silver , plate or bullion , and to deliver it to the kings executors ; and in the next sessions there was granted unto him the nineth fleece , the nineth lamb , and the nineth sheaf of corn throughout the realm , which the people did often times redeem with a gift of twenty thousand sacks of wool . here we see the fruit that the king made by following of rehoboams old counsellers , & yet out of this grant and remission made by the king , who can draw an argument against the kings right in laying impositions upon merchandizes ? again , edw. . when there lay an imposition of fourty shillings upon a sack of wooll above the old customes , a conferrence was had between the lords and commons in the white-chamber at westmin . where after a short parliament , saith the record , edw. . rot. parliament . numb. . in arch. turris . it was concluded , that the king should have a greater subsidie out of wooll , wooll-fells , and leather , for six years ; so as during that time , the king did lay no other impositions or charge upon the commons . here is a conditionall agreement between the king and the poople , and here the king doth remit his power of imposition , for a recompence of greater value . and this is a strong argument , that the king had right to impose , otherwise the people would never have bought their freedom from impositions at so high a rate or price . the like conditionall agreement between the king and the people , we find in edw. . rot. parliament . numb. . ed. . rot. parliament . numb. . edw. . rot. parliament . numb. . . in arch. turris . in edw. . rot. parliament . numb. . the commons complain of an excessive imposition upon wooll-fells , and desire that the old custome might he paid . the kings answer is , the old custome ought not to be withdrawn . in edw. . rot. parliament . numb. . the commons desire that an imposition of three shillings and four pence upon every sack of wooll at callis , and all unreasonable impositions , bee repealed . the kings answer unto this is , it pleaseth the king that all unreasonable impositions be repealed ; like unto this is that answer which is contained in the parliament rolls of edw. . numb. . in arch. turris . when petition was made for remittall of impositions , i shall saith the king , assesse no such tallages in time to come , but in manner as it hath been in time of mine ancestors , and ought to be by reason . can any wit of man pick any arguments out of these answers against the right of the crown , in setting impositiout upon merchandizes ? lastly , in edw. . rot. parliament . numb. . the commons pray , that the maletolts of wooll may be taken as it was used in former times , being then enhaunsed without the assent of the commons . to this petition there is no answer found of record , the king is silent , and gives no answer at all ; which doubtless the king had not refused to do , if the petition had been exhibited in point of right , and not in point of favour . thirdly , touching the punishing of the persons before mentioned , for procuring of new impositions to be set upon merchandizes , we are to consider two circumstances ; first , the time when , and next the causes wherefore these persons were called in question . the time when these persons were called to account , was a parliament holden in edw. . the last year of that kings reign , at which time that great and renowned prince , who had been formerly assisted by a most wise and politique councell , was become weak and stupid , and almost in despair , through sicknesse , age , melancholy , conceipted upon the death of his eldest son the black prince , and suffered himself to be ill-governed by a woman called alice perrey , and her favourite the lord latimer ; upon which occasion and advantage , the commons grew more bold than they were wont to be in former parliaments , and therefore if ought had been done in that parliament , which might prejudice the kings prerogative , it is not to be urged as an example or president in these times ; but in truth , the causes for which these persons were censured , do rather approve the right of the crown in laying impositions , than any way disaffirm the same . first , richard lions , a farmer of the customes , was accused in this parliament by the commons , that he had set and procured to be set upon wooll , and other merchandizes , certain new impositions without assent of parliament , converting the same to his own use without controule , the high treasurer not being acquainted therewith , the said richard assuming to himself in divers things as a king , edw. . rot. parliament . numb. , , , . this was his accusation , and though his answer were , that he set those impositions by the kings commandment , yet did he shew no warrant for it , and therefore was justly punished with fine , ransome , disfranchisment , and imprisonment . but how may this insolency and misdemeanour of a subject , be an argument against the right or prerogative of the king ? lions a merchant of his own head cannot set impositions upon merchandizes ; ergo , king edw. . a monarch , of his royall authority cannot do it ; what an absurd argument were this ? as if a man should say , it were high treason in a subject to coyn money ; ergo , the king himself cannot do it , or cause it to bee done ; besides , the accusation it self doth imply , that the king hath power to impose upon merchandizes , because lions is charged , being a subject , to take upon him as a king in divers things , & namely , in setting of impositiōs ; as if they should have said a king may do it , but not a subject , according to the rules of the imperial law , solus princeps instituit vectigalia regni tantum juris & muneris est indicere vectialia , imponere vectigalia maximi imperii est , inferior a principe non potest imponere , and the like . and the bill exhibited by the commons in this parliament , edw. . rot. parliament . . praying that those that should set new impositions by their own authority , encroaching unto themselves royal power , might have judgement of life and member , seemeth to be grounded upon good reason , and doth prove it is a mark of soveraignty and royall power to set impositions ; and therefore if a subject of his own head , of his own authority wil presume to do it , he is worthy to dye for it ; and yet this bill did receive but a general answer , viz. let the common law run as it hath been used heretofore . touching the lord latimers censure , he had not only upon his own head and authority set sundry impositions upon merchandizes at callis , where the staple there was much decayed ; but he was charged with sundry other misdemeanors mentioned in the said roll , namely , that he brought in divers tallies and tickets , whereby the king was indebted unto his souldiers and pensioners , for which he gave little or nothing to the parties , and yet had an entire allowance in the exchequer , to the great damage of the king , and scandall of the court ; that he had also deceived the king of the pay and wages which he had sent unto his souldiers in britain ; that he had sold a great quantity of the kings provisions for his army there , and converted the same to his own use ; and that he had delivered up the town of saint saviours it normandy , and the town and fort of betherell in britainy , not without suspition of corruption and treason . how can the lord latimers censure for these deceits and misdemeanors make an argument against the right of the crown in laying impositions upon merchandizes ? and the like may be said of the punishment of iohn peachy , who having got a patent that none should sell sweet wines within the city of london but himself , his deputies , and assignes , by colour thereof did extort three shillings and four pence , out of every pipe or vessell of sweet wine sold by others within the city . shall this extortion committed by a subject , by colour of a patent , where perhaps the patent doth not warrant it , be objected as an argument , that the king himself might not lay the like imsition upon every pipe or vessel by vertue of his prerogative ? therefore the punishment of these persons was not the cause , that for an . years after that , no impositions were layd upon merchandizes by prerogative ; but the princes who succeeded edw. . untill queen mary , did forbear to use their prerogative in that kind , for those other notable and true causes which are before at large expressed in the seventeenth chapter . lastly , touching the imposition of six shillings and eight pence upon every cloth , laid by queen mary , after the losse of callis ; she held the same with a new imposition upon french wines , without any question during her life ; and albeit complaint were made against the imposition set upon cloaths unto queen elizabeth , upon her first entry ( as it is usuall for the people to complain of burthens and charges upon every change of government . ) yet we find that after the conference of the judges spoken of by my lord dyer , eliz. f. . dyer . ( though their resolution be not their reported ) queen elizabeth did continue that imposition , and also the impost upon french wines , as being lawfull set for the space of fourty four years without any further contradiction ; besides , queen elizabeth did raise divers other new impositions , as is before declared , whereunto there was never made any opposition during her reign , and which his majesty that now is , hath received without any question for the space of fifteen years ; and thus much may suffice for answer to the several points in the third objection . chap. xxviii . the fourth objection , that the prerogative is bound or taken away by divers acts of parliament . fourthly , it is objected , that though it were granted and admitted , that the king de jure communi , hath a rightful prerogative to lay impositions upon merchandizes , yet that power say they , is restrained and taken away by sundry acts of parliament . first , the statute of magna charta , cap. . doth give safe conduct and free passage to all merchants to buy and sell , absque aliquibus malis tolnetis per antiquas & rectas consuetudines . secondly , by the act or charrer of confirmation in edw. . the king doth release a mayltolt of fourty shillings upon a sack of wooll , and doth grant for him and his heirs , unto the commons , that he shall not take such things without the commons consent or good will ; and in the same act or charter reciting , that wheras divers people of the realm were in fear , that the aids and taxes which they had given to the king before that time , was towards his war , and other businesses of their own grant and good will , might turn to a bondage of them and their heirs , because in time to come they might be found in the rolls , and were likewise grieved for prizes taken throught the realm , the king doth grant for him and his heirs , that he will not draw such ayds , taxes , or prizes , into a custome , for any thing that had been done before that time , be it by roll or any other president that may bee found . thirdly , by the statute edw. . cap. . the king doth grant that all merchants denizens , and aliens , may freely come into the realm with their goods and merchandizes , and freely tary there , and safely return , paying their customes , subsidies , and profits thereof , reasonably due . fourthly , by the statute rich. . cap. . it is enacted , that no imposition or charge be put upō wools , wooll-fells , or leather , other than the custome or subsidie granted to the king in that parliament , if any be , the same to be adnulled and repealed , saving to the king his ancient right ; there are other acts of parliament containing the same sence and substance , but these principally have been singled out , and cited as specially statutes restraining and taking away the kings prerogative in laying impositions upon merchandizes . chap. xxix . the answer to the fourth objection . to this objection first i answer , that this being a prerogative in point of government , as well as in point of profit , it cānot be restrained or bound by act of parliament , it cannot be limited by any certain or fixt rule of law , no more than the course of a pilot upon the sea , who must turn the helme , or bear higher or lower sail according to the wind and weather ; and therefore it may be properly said , that the kings prerogative in this point is as strong as samson , it cannot be bound ; for though an act of parliament be made to restrain it , and the king doth give his consent unto it , as samson was bound with his own consent , yet if the philistins come , that is , if any just or important occasion do arise , it cannot hold or restrain the prerogative , it will be as thred , and broken as easie as the bonds of samson ; and again , ius imponendi vectigalia inhaeret sceptro , saith the law imperiall , & quod sceptro inhaeret non potest tolli nisi sublato sceptro . the kings prerogatives are the sun-beams of his crown , and as inseparable from it as the sun-beams from the sun ; the kings crown must be taken from his head , before his prerogative can be taken away from him ; samsons hair must be cut off , before his courage can be any jot abated . hence it is , that the kings act , nor any act of parliament can give away his prerogative ; for in his own act the king cannot release a tenure in capite , nor grant it to any subject , dyer . if the king grant land to i. s. to hold as freely as the king himselfe holds his crown , he shall hold his land still of the king in capite , and if he alien it hee shall pay a fine , for the tenure is vested in the king by his prerogative , saith the book , . hen. . . and therefore when king fdw. . did grant unto the black prince his eldest son , the dutchy of cornwall , una cum omnibus wardis maritagiis & releviis , &c. non obstante prerogative regis , the prince could not seize a ward that held of the kings ward , who held in capite of the king , because it belonged to the king by his prerogative . ass. pl. . whereby it is manifest , that the king by his own grant cannot sever his prerogative from the crown , nor communicate any part thereof to any one , not to the prince his eldest son ; and in this case of tenure it was resolved in the last assembly of parliament in england , that no act of parliament could be framed by the wit of man , whereby all tenures of the crown might be extinguished ; neither can any act of parliament in the flat negative , take away the kings prerogative in the affirmative . the king hath a prerogative in the affirmation , that he may pardon all malefactors ; there is a statute made at northampton , edw. . that no charter of pardon for killing a man shold thenceforth be granted , but in one case , where one man killeth another in his own defence by misfortune : hath this statute so bound the prerogative , as no man ever since hath been pardoned for killing a man , but in the cases before mentioned ? the king hath a prerogative in point of government , to make choice of the sheriff in every county ; there is a statute made , edw. . cap. . that no man shall be sheriff two years together , and that no commission shall be granted or renew'd for the year following , to him that hath been sheriff the year before ; was the kings prerogative bound by this statute when hee granted the sheriffwick of northumberland , to the earle of northumberland during his life , with non obstante of that statute hen. . fol. . again , the king hath no ancient and absolute power to grant dispensation for holding ecclesiastical benefices in cōmendum . there is a statute made edw. . in ireland , whereby it is enacted and declared , that the kings dispensation in this case shall be utterly void , if it be not by act of parliament ; did this statute so derogate from the kings prerogative , and so restrain it , that he might not only by his letters patents , grant cōmendamus , before the statute of hen. . in this realm ? assuredly the kings dispensation non obstante the statute would have taken away the force thereof , as if no such law had ever been made : there are many other cases of like nature which i omit ; as for the particular statutes before recited , the words thereof are too generall to bind or restrain this prerogative in laying impositions upon merchandizes . first , that statute of magna charta doth give safe conduct to all merchants to come and go , and to tarry within the realm , and to buy and sell their merchandizes , sine malis tolnetis per antiqnas & rect as consuetudines . how do these generall words restrain the kings prerogative in this case ? for the ancient common law of the land , which is the common custome of the realm , doth warrant and approve the kings prerogative in laying impositions upon merchandizes , as before i have fully and clearly proved , then a reasonable imposition laid by the king is antiqua & recta consuetudo warranted and approved by the great charter . secondly , albeit king edw. . by act or charter of confirmation of charta mercatoria , made in anno . of his reign , doth release the maletolt of fourty shillings upon a sack of wooll ; and doth grant for him and his heirs , that he will take no such thing without the assent and good will of the commons . that word ( such ) doth not absolutely bind the kings prerog. that he shall lay no imposition at all , for it is to be intended such in quantity , such in excess , for foury shillings at that time was as much as six pound at this day , which the scarcity of money in those dayes being considered , and compared with the plenty of money at this day , might then be said to be a great burthen , and yet this strong band doth not bind k. ed. . his grand-child but that , notwithstanding this charter or act of parliament , he took these things in greater quantities , sometimes fourty shillings , sometimes fifty shillings , upon a sack of wooll , when the philistins came upon him , that is , when the wars of france , and other urgent occasions did presse him to it ; as to the other article contained in the act or charter of edw. . where it is said the people did fear , lest the aids and taxes granted of their good will to the king might turn to a bondage to them and their heires , when the same in time to come should be found in the rolls ; and the king did grant for him and his heirs , that he would not draw such ayds and taxes into a custome ; that act in this point restraineth not the kings prerogative in setting impositions upon merchandizes , for it speaketh only of ayds and taxes willingly granted by the people in parliament , & therefore i marvell that this article was ever objected or used as an argument against impositions ; and whereas the king doth grant that such ayds shall not be drawn into a custome , such words are usuall in the preambles of acts of subsidies where the grant is large and extraordinary , viz. that it may not be drawn into an example , that it may not be a president in future times ; and yet succeeding parliaments have not forborn to grant as large subsidies as formerly were granted . thirdly , the statute of edw. . cap. . doth rather maintain the kings prerogative in this case , than any way impugne or impeach it , for by that law free passage is granted to all merchants , paying the customes , subsidies , and profits thereof reasonably due . now certain it is , that all duties payable to the king for merchandizes , are of three kinds only , customes , which are these ancient and certain duties , wherein the crown hath no inheritance , as is before expressed ; subsidies which are granted by act of parliament , and impositions which are raised from time to time by the kings prerogative onely , we find not a fourth kind , and therefore the word profits must needs be taken for impositions . fourthly , the statue of rich. . cap. . though it provide in expresse terms , that no imposition or charge be layd upon wooll , wooll-fells , or leather , other than the custome or subsidy granted in that parliament , yet it saveth alwayes to the king his ancient rights ; this was as turbulent a parliament as ever was holden in england , and yet was the kings right acknowledged , though the unruly lords and commons did in a manner force his assent to limit his prerogative at that time . lastly , if these acts had absolutely bound the kings prerogative , and had been observed literally and punctually untill this time , the king should onely have had at this day the demi mark for our own staple wares , and perhaps the three pence custome for forein commodities , and no more . what an inconvenience , what an absurdity had this been at this day , when all forein princes have raised their customes to an exceeding height ? when as i have noted before the necessary expences of the crown are so much encreased , when the prizes of all commodities are so much enhanced , when there is so great a plenty of money in this part of the world , when the kings revenue within the land is so much improved ; is it fit that duties payable for merchandizes should stand at a stay and keep the old rates without augmentation ? chap. xxx . the fifth objection , that tonnage and poundage were never taken , but when the same was granted by parliament . fistly , it is objected , that the subsidies of tonnage and poundage , were never taken by any king of england , but when the same were granted by act of parliament , which is an argument , say they , that the king could never take those duties but by his absolute power , for if his prerogative could have imposed those rates of it self , what need was there of an act of parliament ? why should the king have expected the consent of the commons ? cum dominus eis opus habet , and when the exchequor were so empty , as the jewells of the crown were layd to pawn by some of those kings who were glad to take these subsidies by acts of parliament . chap. xxxi . the answer to the fifth objection . the answer to this objection is twofold ; first , that which is objected is not true , for tonnage and poundage have been taken by the kings prerogative without act of parliament ; secondly , if it had been true , it is no argument against the kings prerogative in this point , for what is tonnage but a certain sum of money payable for every tun of vvine imported ? did not king edw. by force of his charter mercatoria , without act of parliament , take two shillings for every tun of vvine imported by strangers ? did not the same king set a new imposition of gauge , viz. upon every tun of vvine brought into london , as is before expressed ? and are not the severall impositions of vvines taken by his majesty in england and ireland , a kind of tonnage ? being nothing else but extraordinary rates imposed upon ever tun of vvine , and levied and taken by the kings prerogative . again , was not the three pence upon the pound imposed by king edw. . by his charta mercatoria , a kind of poundage , and well nigh as great an imposition as twelve of the pound granted at this day by act of parliament ? if we consider the standard of monies in the time of king edw. . when a peny sterling did contain as much or more pure silver , as the three pence sterling doth contain at this day ; but admit that no tonnage or poundage had ever been taken , but by grant in parliament ; yet it is no argument , but that the king might impose the like or the same by his prerogative , for three particular reasons : the first , because these subsidies were granted for maintainance of the navy royall , the charges whereof were grown so great in the time of king edw. . as appearech by the act of tonnage and poundage granted in the year of that kings reign , that it sufficed not , nor in time to come was like to suffice or defray the charge of the crown in keeping the sea : these are the words of that act , if then in the time of king edw. . the subsidy of tonnage being three shillings upon a tun of vvine brought in by denizens , and six shillings upon a tun brought in by strangers ; and the subsidy of poundage or of twelve pence of the pound upon other cōmodities was not then sufficient to bear the charge of the royall navy , which was not comparable by many degrees in strength , and beauty , and multitude of ships to the kings navie at this day ; doth it stand with reason , that the crown should be stinted or limited ever after to take no more than those poor subsidies granted at that time ? that the king should wait for a parliament , and pray an ayde of the commons for a competent means to maintain the walls of the kingdom , when by the common law of the realm he may grant letters patents for murage , to maintain the walls of a corporate town . if any unexpected necessity should arise for repairing of the navy royall , and making a navall war , should the king expect a parliament for a greater subsidy to bee granted by the commons before he should rigge and make ready his ships , perhaps a kingdom might be lost in the mean time ; as if a pilot sitting at the helm , and seeing a sudden gust of wind , would over-set the ship , or perceiving her to be running on a rock , should forbear to turn the helm , or cause the sail to be stricken , untill he had consulted with the mariners or passengers , and demanded their consent or counsell in the businesse ; the pilot himself with his mariners and passengers might be cast away , before they were agreed what course to take . secondly , these subsidies of tonnage and poundage were first granted by act of parliament , in the time of the civill vvars between the two great houses of lancaster and york , when the severall kings were loath to make use of their prerogatives , but were glad to please their people , and loath to impose any charge upon them , but by common consent in those troublesome times . thirdly , kings and princes oftentimes of their own noble nature , and sometimes in policy , do accept that of their subjects as a gift , which they might exact & take as a duty , and therefore our most potent and politique kings have ordained and accepted many things in parliament , which they might have done in their private chambers by their own prerogative , without any other ceremony ; who ever made doubt of the kings prerogative in establishing the standard of monies , and yet how many acts of parliament do we find touching monies , in the times of king e. . and king edw. ? the kings prerotative in making & establishing marshall law , was never yet in question , yet are there acts of parliament touching musters , departures of souldiers without their captains licences , or the like . the king only doth give honours , and places of precedency , yet king hen. . made an act of parliament , whereby he rancked the great offices of the crown in their severall places , as well in council as in parliament . no man ever doubted but the king being the fountain of justice , may erect courts or justice by his prerogative , yet we find the court of augmentations , and the court of vvards , erected by act of parliament . lastly , in the time of edw. . we find an act of declaration of the principall prerogatives of the crown of england , were most undoubted and clear , yet his majesty was pleased in his first parliament to accept of an act of recognition . chap. xxxii . the conclusion . by these reasons and demonstrations which are before expressed , it is evident , that the king of england by vertue of an ancient prerogative inherent to the crown and scepter , may justly and lawfully set impositions upon merchandizes , and may limit and rate the quantity and proportion thereof by his own wisdom and discretion , without act of parliament ; and this prerogative is warranted and approved by the generall law of nations , and the law merchant , which is a principall branch of the law of nations ; by the imperial law , the ecclesiasticall law , and by the rule of the common law of england , and by the practice of the most prudent kings and queens of england since the conquest ; and that this prerogative is grounded upon many excellent reasons , and that the severall objections made against this prerogative , are but shadows and colours of reason , and clearly removed and washed away by the severall answers thereunto . chap. xxxiii . a comparison of the impositions set and taken in england , by the kings prerogative , with the exceptions and gabells in forein states and kingdoms , whereby it will appear , that the subjects of the crown of england , do not bear so heavy a burthen by many degrees , as the subjects of other nations do bear in this kind . albeit , indeed the king of england being no emperor , and having all imperiall rights within his own kingdoms , hath and ever had as absolute a prerogative imponere vectigalia , or to lay impositions , as the emperor of rome or germany , or any other king , prince , or state in the world , now have , or ever had ; yet let it be truly said for the honor of the crown of england , that his majesty that now is , and all his noble progenitors , have used and put in practice this prerogative with more moderation and favor toward the people , than any forein state or prince in the world have besides , and that in three respects . first , the king of england doth make use of this prerogative only , in laying impositions upon merchandizes crossing the seas , upon such onely , and not upon any other goods which are bought and sold within the land ; neither doth he by his absolute power alone , impose any tax upon lands or capita hominum , or capita animalium , or upon other things innumerable , whereof there are strange presidents and examples , both ancient and modern , in other countries . secondly , the king doth not charge all merchandizes crossing the seas , with this imposition now in question , for in the letters patent whereby the imposition of twelve pence in the pound over and above the subsidie of poundage , is laid and limited , divers kinds of commodities are excepted , especially such as serve for food and subsistance of the kings people , for setting the poor on work , for maintainance of navigation , and other things of like nature , as before is declared . thirdly , the impositions which are laid by the kings of england upon merchandizes , are not so high as the impositions and exactions set and taken by other princes and states ; for the highest imposition in ireland is but twelve pence upon the pound , or but a single poundage , which is but five in the hundred , and is the lowest rate in christendome at this day , and in england there is added but twelve pence in the pound more , which is but ten pound upon the hundred pound , and yet divers sorts of merchandizes , as i said before , are excepted and discharged of that imposition of the second imposition of twelve pence . but on the other side let us see the practice of other princes and states in laying impositions , and how far they have extended and strained their prerogative in that point , beyond and above the impositions in england ; i will begin with the romans , when they had gained the monarchy of the world , so as all kingly power did rest in their emperor . first , iulius caesar laid the first imposition upon forein merchandizes , saith suetonius , peregrinarum mercinm portaria primus instituit , and that imposition was octava rerum pars , which was more by a fifth part than our highest imposition in england , for it is two shillings and six pence upon the pound . next , augustus caesar about the time of our saviours birth , sent out an edict , whereby he did tax all the world , and this tax was capitatio , or an imposition , super capita hominum , though the quantity thereof doth not appear ; but the poll-money which our saviour did pay , and wrought a miracle , it seemeth to be an high imsition , for the peeces of money taken out of the fishes mouth , which is called didrachma , or stater , is said to bee worth two shillings and six pence sterling , which being given for himself and peter , da illis pro me et te , shews that fifteen pence sterling was given for a poll , which must needs amount to an infinite thing , if it were collected over all the world , then subject to the roman emperor . tiberius the roman emperor , who succeeded augustus , took the hundred part of all things bought and sold within the empire , which perhaps was an imposition of greater value and profit than the other . caligula the emperor , layd an imposition upon all sutes in law , and took the fourth part of the value of the value of the thing sued for , and set a pain upon the plaintiff if he compounded , or were non-suted without his licence . he likewise imposed a number of sester●● upon every marriage contracted or made within the whole empire . vespasian in meaner and more homelier matters , took by way of imposition , a part of every poor labourers wages , and part of every beggers alms ; he set likewise an imposition upon vrine , and pleased himself with this apothegm , dulcis odor lucri ex re qualibet . severus the emperor did impose upon the dishonest gains of the stews , and took part of the prostitutes there , as the bishop of rome doth at this day ; all the emperors before trajan , took the twentieth part of all legacies and lands descended , as things which came unlooked for , and as a cleer gain , and therfore the heirs and legatories might easily spare a part to the emperor ; and nicephorus , one of the emperors of the east , did not onely take sumaria tributa smoke-money out of every chimney , but he layd an imposition upon every mans estate that grew suddenly rich , upon a presumption that hee had found a treasury which did belong to the emperor by prerogative . with a little more search i might find out other impositions of severall kinds , set by the ancient emperors upon the heads of beasts , upon the tiles of houses , and the like ; i might adde hereunto the impositions set by lotrain , upon every pane of glasse in windows ; but these may suffice how high they strained , and how far they extended their prerogatives in this point of impositions . secondly , the roman empire being over-come by the gothes and vandalls , and other barbarous nations , and thereby broken into kingdomes and free states , their passed divers ages before these monarchies could be well setled , and before peace bred plenty , and plenty bred civility , and before trade , traffique , comerce , and intercourse could be established between these states , and kingdoms , and therefore while these states and kingdoms were yet but poor , and while there was a generall scarcity of gold and silver in these parts of the world , and so for want of money there was but little trade and traffique among the people , either at home or broad , kings and princes did not , neither could they make that use of their prerogative in laying impositions , as they had done in those latter times ; since all arts and sciences have been encreased , all commodities improved , and the riches of the east and west indies have been transported into this hemisphere . but now let us see whether the kings and princes of other countries round about us at this day , make not a far more profitable use of their prerogatives in laying impositions upon their people , than the king of england doth , albeit his kingly power be full as large as any of theirs . in france , the most richest and ancientest of the neighbour kingdoms , the impositions not onely upon merchandizes crossing the seas , but also upon lands , goods , persons of men , within the realm are so many in number , and in name so divers , as it is a pain to name and collect them all , and therefore it must needs be a more painfull thing for the people of that kingdom to bear them all , la tallie , le tallon , les aids , les aquavalentas , les equi pollentes , les cruces , or augmentations of divers kinds , le hop benevolence , la gabelle , upon salt , amounting to an exceeding great revenue ; the impost of wines upon every vessell carried into any walled towns or suburbs thereof , and payable , although it be transported thence again , before it be sold , la hault passage or de maine forrein , for merchandizes exported , le traject forrene , for merchandizes imported , la solid de cinquants mil holmes , imposed upon cities , & walled towns , and the suburbs onely , and after layd upon town and country , without distinction , the common positions for provisions ; the tenthes paid by all ecclesiasticall persons : these and other impositions of the like nature , are layd and levied upon the subjects of france , by the absolute power and prerogative of the king , and though many of these were imposed at first upon extraordinary occasions , and set but for a time , yet the succeeding princes have continued them from time to time , and the most part of them made ordinary and perpetuall by king lewis the . who was wont to say , france was a meadow , which he could have mowed as often as he pleased . in spain there is an imposition named alcavala , imposed as well upon the nobility , as the commons , which was first raised by alphonsus the . to expell the mores , and for the expurgation of algiers , but afterwards it was made perpetuall , and is now a principall part of the royall patrimony , gutturis de gabellis , quaest. . this imposition was at first but the twentieth part , but afterwards it was raised to the tenth of every mans estate , which doth far surmount the highest impositions that ever were layd in england , by the kings prerogative , without act of parliament . this al●avali is an imposition within the land , but the impositions upon merchandizes exported and imported , are far higher , especially upon merchants strangers , for their common impositions upon strangers is five parts upon the hundred , and in the year . they imposed thirty of the hundred , as is before declared ; and upon the ingate of indian spices into portugall , the king of spain doth lay the greatest rates that ever were set in christendome , although upon the outgate the rates are more moderate . in italy the impositions and gabells set upon every kind of thing by the states and princes there , are intolerable and innumerable . non mihi si centum linguae sunt or aque centum , ferrea vox italorum omnes numerare gabellas , cunct a gabellarum percurrere nomina possem . especially upon the great towns and teritories that are subject to the great duke of tusknie , where there is not any roots , nor any herb , nor the least thing that is necessary for the life of man , that is bought and sold , or brought into any town , but there is a gabell or imposition set upon it ; where no inholder , baker , brewer , or artificer can exercise his trade , but the great duke will share with him in his gain , by laying some imposition upon him ; where no man can travell by land , or by water , but at every bridge , at every ferry , at every wharf or key , at every gate of a town , the garbellor arrests him , and is ready to strip him naked , to search what goods he hath about him , for which he ought to pay the garbell . in the popes territories the impositions which his holinesse doth lay upon his subjects as a temporall prince , are as many , and as heavy , as those that are levied by the duke of tuskanie , in so much as when sixtus quintus had set an imposition upon every thing that served for the use of mans life , pasquill made hast to dry his shirt in the sun , fearing the pope would set some imposition upon the heat of the sun , mi astingo ( saith he ) in the . sole sevenda ; i omit to speak of the exactions of the court of rome , in another kind , which are infinite , and which long lay heavie upon the western countries of christendome , untill of late years some nations did free themselves thereof , by rejecting the yoke of the bishop of rome . in the seigniory of venice , the gabells upon the land were more moderate than in the other parts of italy ; but that city being the lady of the adriatique sea , doth use by prescription a high prerogative , in laying impositions upon all merchandizes arriving within the gulf , civitas venetiorum ( saith baltholus ) potest pro maritmeis mercibus gabellas imponere , quia est civitas in mari situata , & veneti ( saith baldus ) ex consuetudine sunt domini maris adriatici & possunt statuere super gabellis maris , wherein they observe a profitable and politique course , for upon the commodities of other nations which are of goods in their common-wealth , they lay the easier impositions , sometimes five , sometimes seven , sometimes ten , upon the hundred , which doth exceed the highest imposition in england , five in the hundred at the least . in the low countries the impositions which they call exeizes , paid by the retaylors of wines and other cōmodities , and not by the merchant , are the highest in christendome ; and yet we perceive that people to thrive and grow rich withall , for an improved high rent doth so quicken the industrie of the farmer , as he thriveth oftentimes better than his neighbour who is a free-holder and payeth no rent at all ; howbeit , to draw trade , and to invite all nations to comerce with them , & so to make their country a staple , store-house , or magizen of all europe , they do set but easie rates upon merchandizes imported , but when they once have gotten their cōmodities in to their hands , if any merchant will export the same again , hee shall pay a greater custome . the grand seignior of turkie doth impose sometimes ten in the hundred , sometimes twenty in the hundred upon merchant strangers , who trade into the levant ; and i could speak of his other exactions and impositions upon his vassalls , but that i think it not meet to compare that regions tyrant , to the princes and states of christendome . i may remember at last , the great toll which the king of denmark taketh of every ship that passeth into the sound , taking advantage of a narrow straight between elsmore and copman haven ; whereas the king of england being the undoubted lord of the narrow seas , between dover and callis , might take the like toll if it pleased him , and by the same right might participate of the great gain of fishing which the busses of holland and zeland do make yearly upon the coasts of great britain . thus we see by this comparison , that the king of england doth lay but his little finger upon his subjects , when other princes and states do lay their heavy loins upon their people ; what is the reason of this difference ? from whence commeth it ? assuredly not from a different power or prerogative , for the king of england is as absolute a monarch , as any emperor or king in the world , and hath as many prerogatives incident to his crown ; whence then proceedeth it ? to what profitable cause may we ascribe it ? certainly to divers causes profitable , and principally to these causes , following . first , our king of england hath alwayes gone before , and beyond all other kings in christendome in many points of magnificency , and especially in this , that they have alwayes had a more rich and royall demean belonging to the crown , i mean more large and royall patrimony in lands and rents , than ever any christian king had before , or now hath at this day ; for it is certain , that the revenues of other princes and states do principally consist in such gabells , impositions , and exactions , as are before remembred , and not in terra firma , not in such a reall and royall patrimony as hath ever belonged to the crown of england , and therefore other kings being lesse able to maintain their estates , or more covetous in their own nature , have laid heavier burthens upon their subjects , than ever the king of england hath layd , or will do , or hereafter hath need to do , god be blessed for it ; the kings of england have had the princes portion spoken of before in of ezekiel , and therefore they had no need so to oppresse the people . again , we may ascribe this difference to the bounty and noble nature of our kings , that they would never descend to those poor and sordid exactions which other princes & states do take of their subjects , sordidum putandum est aurum quod ex lachrimis oritur , as a good counseller told vespasian . again , we may ascribe it to the wisdom and policy of our kings , who would never follow the counsell of rehoboams younger counsellers , boni pastoris est oves tondere non diglubere , as tiberius the emperor was wont to say , odi hortulanum ( saith alexander ) qui ab radice olera excindit ; qui nimis emergit elicit sanguinem , saith solomon , they well considered that the money levied by taxes and impositions , is the blood of the people , which is not to bee let out in any great quantity , but to save the life , as it were , of the common-wealth , when she is sick , indebted , and in great danger . again , it may be ascribed to their piety and religion which moved them to follow the counsell of the divine rule , deut. : where the king is warned not to multiply upon him much gold and silver , for that indeed there doth seldome come good by great treasure heapt up by a great prince , for it doth but nourish pride and ambition in him , and stir him up many times to make an unjust warre upon his neighbours ; or if he leave it unto his successers , it makes them luxurious and vitious , which draweth with it sometimes the ruin of the kingdome , sed optimus & certissimus thesaurus principis est in loculis subditorum , saith the learned buterus , in his book against machiavill , let the king , saith he , have a care to maintain religion , and justice , and peace , in his kingdom , this will soon bring plenty , with a continuall increase , and make a rich and wealthy people ; then shall the king never want money to serve his just , and necessary , and honourable occasions ; for it is impossible the soveraign should be poor when the subjects are rich , and untill occasions do arise , the coffers of his subjects will be his best exchequer ; they will be his treasurers , they will be his receivers , his tellers without fees or wages , no bad accomptant shall deceive him , nor no bankrupt officer shall deceive him , they will keep the treasure of the kingdom so frugally , as no importunate courtier shall be able to withdraw the same from a prince , but that it shall still remain in store to supply the necessities of the common wealth . lastly , our kings of england in their wisdoms , well understood the natures and dispositions of their people , and knowing them to be a free , generous , and noble nation , held them not fit to be beaten with rehoboams rod , esteemed them too good to be whipt with scorpions , and therefore god be blessed , we have not in england , the gabeller standing at every towns end ; we have not a publican in every market , we pay not a gabell for every bunch of reddish , or branch of rosemary sold in cheap-side , we have none of those harpies which do swarm in other countries , we have no complaining in the streets , as is said in the . psalm ; and therefore i may well conclude with the conclusion of that psalm , happy are the people that are in such a case , blessed is the people that have the lord for their god above in heaven , and king iames for their king here upon earth . finis . these books following , are printed for henry twyford , and partners , and are to be sold at his shop in vine-court middle temple . the compleat attorney , or the practick par● of the law . a learned treatise of wards and liveries , by sir iames ley knight . the life of the apostle st. paul . soliloquies , meditations , and prayers , of st. bonaventure . the discontented collonel , by sir iohn sucklin . the european mercury . the humble remonstrance of sir iohn stawell . hebdomada magna , or the great week of christ's passion . sir robert brooks reading on the statute of limitations . kitchens jurisdictions of courts leet , courts baron , &c. rich. brownlow esq prothonotary to the court of common pleas . reports , the first and second part. his declarations and pleadings english . judiciall writs . plowdens abridgment . abridgment of lord cook's littleton . abridgement of pulton's statutes at large , by edmund wingate esq the books of the drawing up of all manner of judgments . the body of law , by edmund wingate esq the marrow of law , or the second part of the faithfull counsellor . office and duty of executors in . lay-mans lawyer , or the second part of the practick part of the law . a commentary on the original writs , by william hughes esq stevenson's poems . the anabaptists anatomised , in a dispute between mr. crag , and mr. tombes● caesars commentaries , with sir clement edmunds observations . the compleat clark , and scriveners guide , being the exact forms of all manner of conveyances and instruments now in use ; as they were penned by learned counsel , both ancient and modern . the counesse of arundells secrets in physick and chirurgery , &c. the history of the troubles of swethland and poland . notes, typically marginal, from the original text notes for div a e- iustinian doct. & stud. . lib. cap. . baldus . baldus . strabo . iustinian halicar. . lib. . bracton . stampford pràrogat . regis fol. . . e. . . e. . h. . com. e. . . . r. . . magna charta . cap. . vlpian . edw. . , . reg. fol. . f. n. . d. f. n. . d. e. . regist. . a. bodin . register . . hen. rot. pa. . e : . m. . in archis turris london . edw. . e. . cap. . cicero . e. . . lex civilis . cicero offic. li . . bodin de repub. li . cap. . bodin . stephen king of spain . pope eluther . ● r. . chopinns . rhodians . the canon law . decret. causae quaest. . canonists . poll-money . st. paul . fortescue h. . fol. . edw. pat . m f. n. d. register of writs , fol. . custome and toll . strabo . h. . dyer . edw. . edw. . edw. . bates case de currans in sccio . per flem●ing chief baron . edw. . edw. . rot. fin . memb. . statute e. . dyer . h. . . ed . . e. . prizage and butlerage . h. . ed. . gauger . alneger . ed. . customer . comtroller . searcher e. . ed. . e. . the writ to his collecttors of his customs . collectors of his customs . raimundus lullius . ed. . rot. fin . m. . in archivis turris . le records . ed : . rot. . in sccio angliae , &c : ed. . rot. almaniae pars . numb. . ed. . rot. parl. numb. . ed. . ed. . staple at callis . e. . r. . h. . h. . dyer eliz. eliz. letters patents . iuly , . iac. bodin lib. : de repub. ca. . caligula : appian . cicero . ed. . cap. . virgil . plin. lib. . cap. . tempore edw. . edw. . edw. . ed. . hen. matthew paris histor. magna p. . hen. . stow. fitz avowry . rich. . protection . rot. scotiae . nu . in arch turris . gen. . baldus . strabo . stampford . ass. p. . . ass. p : . ed. . edw. . ed. . ri. . h● . . tempore . henry . the k. of spain's imposition in an. . magna charta cap. . ed. . edw. . anno . elizabeth object . . the answer to the . object . object . . the answer to the . object . solomon . henry . poeta . object . . edw. edw. . ed. . ed. . ed. . ed. . ed. . ed. . lord latimer . richard lions . i. peachy ed. . rot. parl. numb. . ed. . rot. parl. num . . in arch. turris . dyer . eliz. fol. . the answer to object . . edw. . senatus rome . solomon . iulius caesar . augustus caesar . edw. . edw. . nero . edw. . rich. . petitions are of divers kinds , & have divers answers . mayle 〈…〉 kings cap. . ed. . cap. . anno ed. . edw. . rot. parl. nu . . edw. . rot. parl. numb. . ed. . rot. parl. nu . . in arch. turris . ed. . rot. parl. numb. . ed. . rot. parl. numb. . edw. . rot. parl. numb. . lions case ed. . rot. parl. nu . , . lord latimers ease . peachies case . eliz. dyer . fol. . object . . the answer to the forth object . dyer . statute of northampton . edw. . object . . the answer to the . object . ed. . iulius caesars impositions . tiberius the roman emperor . caligula . vespasian the imposition of france . the spanish impositions . gutturis degabellis quaest. . the d. of tuskanies impositions . the impositions by the pope . sixtus quintus . the impositions of the seigniory of venice . baltholus baldus : the impositions of the low countries the impositions of the grand seignior of turkie the impositions of denmark . ezek. . solomon . deut. . buterus contra machiavill . psa. . by the king. a proclamation forbidding all levies of forces without his majesties expresse pleasure, signified under his great seal, and all contributions or assistance to any such levies. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the king. a proclamation forbidding all levies of forces without his majesties expresse pleasure, signified under his great seal, and all contributions or assistance to any such levies. england and wales. sovereign ( - : charles i) charles i, king of england, - . [ ] p. by robert barker, printer to the kings most excellent majestie: and by the assignes of john bill, [imprinted at london : ] imprint from colophon. at bottom of text: given at our court at york the eighteenth day of june, in the eighteenth yeer of our reign. . annotation on thomason copy: "[mostly illegible] - "this proclamation .. sheriffe of london, but ..". reproduction of the original in the british library. with engraving of royal seal at head of document. eng prerogative, royal -- england -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no by the king. a proclamation forbidding all levies of forces without his majesties expresse pleasure, signified under his great seal, and all england and wales. sovereign b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion ❧ by the king . ❧ a proclamation forbidding all levies of forces without his majesties expresse pleasure , signified under his great seal , and all contributions or assistance to any such levies . whereas , under pretence that vve intend to make vvar against the parliament ( the contrary whereof is notoriously known to all that are here , and as we hope by this time apparent to all other our subjects , as well by our declaration of the sixteenth of iune , as by the testimonie of all our nobility and councell , who are here upon the place ) and by colour of the authoritie of both houses of parliament ( a major part whereof are now absent from london ) by the contrivance of some few evill persons , disguising and colouring their pernicious designes and hostile preparations under the plausible names of the preservation of publike peace , and defence of us , and both houses of parliament from force and and violence , it hath been endeavoured to raise troopes of horse and other forces : and for that purpose they have prevailed , not onely to prohibit our own moneys to be paid to vs , or to our use , but , by the name and authoritie of parliament , to excite our subjects to contribute their assistance to them , by bringing in moneys , plate , or underwriting to furnish and maintain horses , horsmen , and arms ; and to that purpose certain propositions or orders ( as they are styled by them ) have been printed , whereby they have endeavoured to engage the power and authoritie of parliament ( as if the two houses , without vs , had that power and authoritie ) to save harmlesse , all those that shall so contribute , from all prejudice and inconvenience that may befall them by occasionthereof . and although we well hope that these malignant persons ( whose actions do now sufficiently declare their former intentions ) will be able to prevail with few of our good people to contribute their power or assistance unto them ; yet , lest any of our subjects ( taking upon trust what those men affirm ) without weighing the grounds of it , or the danger to vs , themselves , and the common-wealth , which would ensue thereupon , should indeed beleeve ( what these persons would insinuate , and have them to beleeve ) that such their contribution and assistance would tend to the preservation of the publike peace , and the defence of vs and both houses of parliament , and that thereby they should not incur any danger ; we , that we might not be wanting ( as much as in vs lieth ) to foreshew and to prevent the danger which may fall thereupon , have hereby thought good to declare and publish unto all our loving subjects , that by the laws of the land , the power of raising of forces or arms , or leavying of war for the defence of the kingdom , or otherwise , hath always belonged to vs , and and to vs onely , and that by no power of either , or both houses of parliament , or otherwise , contrary to our personall commands , any forces can be raised , or any war 〈…〉 and therefore , by the statute of the seventh yeer of our famous progenitour , king edward the first , whereas there had been then some variances betwixt him and some great lords of the realm , and , upon treaty thereupon , it was agreed , that in the next parliament after provision should be made , that in all parliaments , and all other assemblies which should be in the kingdom for ever , that every man should come without force and armour , well and peaceably : yet at the next parliament when they met together to take advice of this businesse ( though it concerned the parliament it self ) the lords and commons would not take it upon them , but answered , that it belonged to the king to defend force of armour , and all other force against the peace at all times when it pleased him , and to punish them which should do contrary , according to the laws and vsages of the realm , and that they were bound to aid him , as their soveraign lord , at all seasons when need should be . and accordingly in parliament , in after times , the king alone did issue his proclamations , prohibiting bearing of arms by any person , in , or neer the citie where the parliament was , excepting such of the kings servants as he should depute , or should be deputed by his commandment , and also excepting the kings ministers . and by the statute of northampton , made in the second yeer of king edward the third , it is enacted , that no man , of what condition soever he be ( except the kings servants , in his presence , and his ministers in executing the kings precepts , or of their office , and such as be in their company assisting them ) go , nor ride armed by night or day in fairs , markets , nor in the presence of the iustices , or other ministers , nor in no part elsewhere . and this power of raising forces to be solely in the king , is so known and inseparable a right to the crown , that when , in the reign of king henry the eight , there being a sudden rebellion , the earl of shrewsbury , without warrant from the king , did raise arms for the suppression thereof , and happily suppressed it , yet was he forced to obtain his pardon . and whereas the duke of gloucester , and other great lords , in the eleventh yeer of king richard the second ( upon pretence of the good of the king and kingdom , the king being then not of age , and led away , as they alleadged , by evil counsellours ) did raise forces , and by them mastered their adversaries . in that parliament ( such as it was , for it was held and kept with force , how good use soever hath been made of the presidents therein ) they procured a speciall act of pardon for their raising of men , and that those assemblies should not be drawn into example for the time to come . and as no man can leavie war , or raise forces without the king , so much lesse against the personall commands of the king opposed thereunto : for , by the statute of the . yeer of king edward the third ( which is but declaratory of the old law in that point ) it is treason to leavie war against the king in his realm ; within the construction of which statute , it is true ( which was said in the late declaration , under the name of both houses of parliament , of the . of may last ) leavying war ( in some sense ) against the kings authority ( though not intended against his person ) is leavying war against the king : and therefore the raising of forces , though upon pretence of removing of some evil counsellors from about the queen , hath been adjudged treason , in the case of the late earle of essex in the reign of queen elizabeth , and in divers other cases . ( and we wish all our subjects to consider , whether , if men shall be raised contrary to our proclamation and against our will , it be not against our authority . ) but it is as true ( and was never denied , but in that declaration ) that the raising of forces against the kings personall command ( being no ideot , nor infant , uncapable of understanding to command ) being accompanied with his presence , is , and is most properly leavying of war against the king ; for if it be a sufficient pretence for raising of men against the kings person , that it is for the defence of the kings authority , and of his kingdom ( though against his expresse command and proclamation ) the irish rebels will have colour for their horrid rebellion ; for they say ( though it be notoriously false ) it is for the defence of the kings authority , and of his kingdom ; and wat tyler , and jack cade , and kett the tanner wanted not publike pretences , which were perhaps just causes of complaints , though not of raising of men . and though these persons have gone about subtilly to distinguish betwixt our person and our authority , as if , because our authority may be where our person is not , that therefore , our person may be where our authority is not ; we require all our good subjects to take notice of the law ( which is in print and full force ) that their allegiance is due unto the naturall person of their prince , and not to his crown or kingdom distinct from his naturall capacitie . and that by the oath of ligeance at the common law ( which all persons above the age of twelve yeers are , or ought to be sworn unto ) they are bound to be true and faithfull , not to the king onely as king , but to our person as king charles ; and to bear vs truth and faith of life and member , and earthly honour ; and that they shall neither know nor hear of any ill or damage intended to vs that they shall not defend . and that when , in the time of king edward the second , hugh spencer being discontented with the king , caused a bill to be written , wherein was contained amongst other things , that homage and the oath of allegiance was more by reason of the kings crown ( that is , his kingdom ) then of his person ; and that seeing the king cannot be reformed by suit of law , if the king will not redresse and put away that which is ill for the common people , and hurtfull to the crown that the thing ought to be put away by force , and that his leiges be bound to govern in aid of him , and in default of him ; he was condemned for it by two parliaments , and perpetually vanished the kingdom . we have made mention of these cases , not so much to cleer our right , that we alone have the power of raising forces , and none of our subjects , either in parliament or out of parliament against our will , or personall command ( which we think no man that hath the least knowledge in our laws , and is not led away by private interests , and may speak his minde freely , will deny ; nor was ever questioned in any parliament before this time ) as to let them see how dangerous the effect and consequence of raising of forces , without vs , may be unto vs , and to the common-wealth , uuder pretence of defence of both . and though we cannot doubt of the affections of our good subjects , considering their interest is involved with ours , and how precious the peace of the kingdom is , and ought to be unto them ; and that according to the words of the statute of the eleventh yeer of king henry the seventh , and the eighteenth chapter , by the duty of their allegiance they are bounden to serve and assist vs at all seasons when need shall require . yet , to the end that our good subjects may know what their duty is , and what we expect from them , and that all others , who , through malice or private interests , shall be transported beyond their duties , may be left without excuse ; we do therefore by this our proclamation charge and command all our subjects uopn their allegiance , and as they tender our honour and safety , and the peace and safety of the kingdom , that they presume not to raise or leavie any horses , horsmen , or arms , or any forces whatsoever , by colour of any authority whatsoever , without our expresse pleasure signified under our great seal , ( other then such as shall be raised , leavied and imprested by the order , as well of our self , as of both houses of parliament , according to an act made this sessions , intituled , an act for the better raising and leavying of souldiers for the present defence of the kingdoms of england and ireland ( by iustices of peace , and otherwise , in such manner as is prescribed in the said act ) or contribute , or give any assistance in money , plate , finding of horses , horsmen , or arms , or any other wayes , to or for any such preparation , levie , or forces : and that such of our good subjects , who through ignorance have been mis-led to consent or subscribe to any such leavie , contribution , or assistance , forthwith , upon publication of this our proclamation , desist from continuing such their contribution or assistance , or giving any countenance to any such leavies , at their utmost perils . and we do likewise straitly charge and command as well all sheriffs , iustices of peace , majors , bailiffs , constables , and all other our officers whatsoever , that they use their utmost endeavours , as well for publishing this our proclamation , as for the suppressing of all leavies , or forces raised , or to be raised without or against our consent : as also all other our loving subjects , that they be attending , aiding , and assisting our said officers and ministers therein , as they , and every of them will answer it at their utmost perils . given at our court at york the eighteenth day of june , in the eighteenth yeer of our reign . . ¶ imprinted at london by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . . notes, typically marginal, from the original text notes for div a e- cook . rep. calvins case . rights of the kingdom, or, customs of our ancestors touching the duty, power, election, or succession of our kings and parliaments, our true liberty, due allegiance, three estates, their legislative power, original, judicial, and executive, with the militia freely discussed through the british, saxon, norman laws and histories, with an occasional discourse of great changes yet expected in the world. sadler, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) rights of the kingdom, or, customs of our ancestors touching the duty, power, election, or succession of our kings and parliaments, our true liberty, due allegiance, three estates, their legislative power, original, judicial, and executive, with the militia freely discussed through the british, saxon, norman laws and histories, with an occasional discourse of great changes yet expected in the world. sadler, john, - . [ ], p. printed for j. kidgell, london : . reproduction of original in duke university library. attributed to john sadler. cf. nuc pre- . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng prerogative, royal -- great britain -- early works to . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion rights of the kingdom : or , customs of our ancestors . touching the duty , power , election , or succession of our kings and parliaments , our true liberty , due allegiance , three estates , their legislative power , original , judicial , and executive ; with the militia . freely discussed through the british , saxon , norman laws and histories . with an occasional discourse of great changes yet expected in the world. london : printed for i. kidgell . . the preface to the reader . reader , if you be wise and good , you are above my epithets , and more above my platteries : but yet you may expect a preface to excuse this unexpected address . the habit is somewhat strange , and my self so little acquainted with it , that i cannot much wonder if others should gaze upon it : but account me a stranger , and you will forgive me . it is no matter who , but what , is here presented to your view : i cannot excuse it , either for matter or manner . it hath much folly to my sight ; and more , i believe , than yet i see . it may be also somewhat false , although i know it not . this should not prejudice all : for there are spots above the clouds ; and the kingdom of heaven it self was like a field of wheat with many tares : how much more , how much worse , must it be with a frail man ! but why then do i venture to come abroad ? the objection was strong enough to keep me silent hitherto ; and it may be , nothing but duty should have perswaded or prevailed on me to be publick now : and yet i do not plead an extraordinary call ; which is a close writ , and not a patent . those who receive and act by such a warrant , should be sure they know the hand , or seal , or dialect of heaven . but i am an english-man ; and therefore am obliged to this country , and to these laws that made me free . and this may be some call ; that i say nothing of particular obligations to the state , in any courts of justice , or relation to the highest court of parliament . and why may not i believe my self as free to think , or speak , or write , as others are to do ? there is a night of silence , and an evil day ; when every prudent man shall hold his peace ; but also there is a time to speak , and a word in season , fitly placed , like an apple of gold in a picture of silver . but who knoweth his season ? for our time is hidden : and because man knoweth it not therefore is his labour increased under the sun. this also is vanity , and a fore vexation ▪ i said , there are older , and wiser , and better than i ; they shall speak and teach me wifdom : i will hear in silence . nor do i now say , they convinced him not , lest it should be said , we have found out wisdom ; god thrasteth him down , and not man. nay , they have spoken much ; and little may be left for me , but to repeat somewhat already said . be it so then ; by this i shall be free : for if i speak their words , i may be pardoned , as those that spake before : and if i adde a new word , shall i be made an offender for a word ? however , my hope is , that the great day of judgment ( of which we have long heard , and now seen so much before us ) will have such influence upon our judgement and affections , that we shall all be ready to judge our selves , rather than others ; or if others , not with prejudice . and with this assurance , or with this confidence , i now presume upon your goodness ; knowing well , that if you find but one , so much as one cluster , you will spare it , and be pitiful ; there may be a blessing in it . rights of the kingdom , &c. to see the kingdoms rights , the laws and customs of our ancestors , concerning king and parliament ; that we may know their power and priviledge , their duty and their limits , &c. and how our fathers did commit the power of making laws , and judging by those laws ; and how they made us swear allegiance to our king ; what power they gave him over us ; and what they did not give him over any of his subjects ; how we should behave our selves &c. he that accounteth these unworthy of enquiry , may be thought ( as the gretians said to the persians ) not to have heard of liberty : which else would be valued above an enquiry . but alas , who is able ! who will undertake to trace our laws and customs thorough the heights and depths , and dark abysses and meanders of the british , saxon , and the norman nations that have ruled here ? yet there are thousands that may do it much better than i ; and therefore i might justly sit in silence , and expect my antients and my betters should begin , that i might learn from them . nor should i now presume to speak , but that i might inform my self from others , that by this occasion may reform my errours , and may clea● our laws and customs , much more fully than i do , or can be able ; who pretend to nothing but desire of truth and peace . and first , to speak of the mutual obligations of oaths between prince and people , the school-men would be thought most curious , or most tender , in the point of oaths : they mince them out so fine , that a whole million of oaths may stand ( as they speak of angels ) on the point of a sharp needle . they tell us of the object , and the subject , or the matter , which , they say , may cease or fail so much , that any man may find or make himself absolved from his oaths . but in things of such concernment to ones soul , i love to speak or think in english , that i may understand my self : and i thought it madness in the man that said his prayers in two or three languages , adding this in the close : now take thy choice ; for all are alike to me : i know not my meaning in either . in plain english , i do not see i may absolve my self from an oath , by saying , he was not the man i took him to be , in some material points , at the time of my oath ; yet this is much , and that which seemeth near to that which the schools speak of , want of subject , or sufficient matter to be ground of such an oath . i should have looked to that before ; it may be rash , and so must be repented : but a river of tears may never wash me from this oath of god , as the case may stand . and so it was , i suppose , in that of the gibeonites : they were not such as they made themselves , nor such as israel took them for : the oath was rash , unjust ; they ought not to have sworn ; they should have stayed and sought direction : for they were forbidden leagues with such , commanded to destroy and ruine such as those men were , and might have been suspected . but when it was done , we see how strict and solemn god was still , in pressing them to keep that oath . nor may it suffice to say , i swear against my will ; they had advantage of me ; and i could not but comply , either with some mental reservation , or at least ( for that is much condem'd by most ) i am now grown wiser , and do now see i may absolve my self from that which i would not have taken , but by force or fraud . but can the world , ( this vain and frail and foolish world , ) command , controll , and over-awe my soul , to take an oath , the oath of god , to what i think unjust ? it may be so , for i am man and frail , with those that are the weakest ; for he knoweth my foolishness : but it should not be , and when it is , i must be very tender , lest i adde more sin to sin ; as bad , or worse , to that which is too bad already ; for , by breaking such an oath , i may do worse , much worse , than first i did in making it ; except i swore to sin , and then i may not keep my oath . and i believe the iews might not have pleaded force , or over-awing arguments , in swearing homage to the king of babylon ; and yet 't is known how god did charge and chasten that said perjury ; nor is it altogether inconsiderable that good lot's , or at least the men of sodom's freeing themselves from chedorlaomer , is stiled by god himself , plain downright rebellion ; yet there was another king of sodom , and chederlaomer seemeth but a kind of tyrant , that had but little right but conquest and his might . the catholicks may seem too free in dispensing with oaths to protestant kings ; but some there are with them , sacred persons : and because i now dispute ad hominem , i shall touch on that in which we know them most religious , their solemn obligation to the pope ; which yet is such , they will not deny , as doth not secure or free him from being iudged , or coerced in cases of distraction , natural in raving , or moral in raging , so that danger be apparent to those about him , or in some spiritual frenzie of notorious heresie convict ( the chair in conclave , not the person is exempt , ) or much suspected ; while himself refuseth legal tryal by a council or the like . the case is argued in occhams dialogues with others . our oath of fealty comes next upon the test , although i might interpose ( as a parallel to the pope ) the iewish high priest , a very sacred person , and the lords anointed also ; but yet such as must still submit to the sentence of the great sanhedrin , nay , and that for his life also if they so adjudged him ; for which of the sanhedrins power over the jewish king , in criminals and in war , ( except only what god had commanded against amaleck or the seven nations , ) i might cite several clear passages from the talmud , and those that expound it long before cochius or sanhedrin , or schickards ius regium . our land seemeth to mourn because of oaths ( but i must only touch the civil part , or what is legal , ) and our law seemeth deficient in this of oaths , for there is scarcely any law ( since the star chamber ) to punish perjury ; but only where it is before a court of justice ; and there also the punishment of witnesses is very light , and exceeding short of attaint , on jurors , by the common law. our customs seem to overgoe our laws , in much of oaths , they were but attestations , though most solemn , in the name and presence of god , as the lord doth live. but they are now brought to imprecations , or a kind of curse , so help me god , and the contents of this good book . yet so it was of old at combat ; on appeal ; the appellè did first devote himself . again , some force a kissing of a book : the law requireth but a sight and touch. for ought i find , the saxon jurors were sacra tenentes . in the first norman times , it was sacris tactis ; and in later writs , evangelijs tactis ; nay , the priests hand was upon his breast , ( in matthew paris ) not upon the book , and the villain seemeth forbidden to touch the book . the statute saith , he shall hold his hands over it , but the freeman upon it ; and from this touch with the body , such an oath was called corporal . the iews and eldest christians , ( in their swearing , blessing , praying , ) lifted up the hand , and sometimes bowed the head or knee ; for , in his name shall all knees bow , seemeth but parallel to that of the psalmist , in thy name will i lift up my hand ; and the grecian or trojan princes , lifted up their scepters in swearing , but others held earth and water , in allusion perhaps to the sacred styx . most , if not all publick officers were tyed to their dutyes , by some oaths , but they were made by parliament , in all ages ; this being a pillar in our laws , that none can make , alter or impose an oath , without an act of parliament , or custom by the common law. 't is strange , how much in all we degenerate from our good ancestors ; so that with us to break ones oath , ( even in the greatest office ) is but a kind of petty aggravation ( as they call it ) rather than a crime ; because such oaths be now accounted but meer forms , or ceremonious shaddows . but it was not so , ab initio ; and among other precedents , i find the old mirrour , speaking of a chancellour of england charged with perjury , for taking a small summe of money ( half a mark , ) for sealing of a writ , which was against his oath ; being neither to deny , delay , or sell justice or remedial writs . ( yet six pence was allowed to the king for sealing of a writ ) how great a crime they did account such perjury , i need not say to lawyers , or to any that have read the saxon parliaments . but of all our oaths , those seemed to be most content to be counted formal ; that they were imposed on meer children of a dozen years old ; how many such we have or had in great schools or universities , may be known and felt too much i fear . and the oath of allegiance was twelve years old , and so pressed at the leets or turns ; but did they mean we should ▪ observe it but as children , not as men or christians ? it is true , the saxons also had a twelve-year-old oath , but against theft ; and how the laws of henry the first did annul the oaths of children was observed , and the fifty ninth chapter of those laws forbiddeth any to plead , or to be pleaded in iudicio , till the age of fifteen . it was also a maxim in our law books , that minors could not essoyn , because they could not swear ; and that homage might be done in nonage , but not fealty : for although homage was the more honourable , done upon the knee ; yet fealty was the more sacred , being ever done by oath ; and from hence is the usual phrase in all lawyers and historians , to do homage , but to swear fealty . must our allegiance only , run before our reason or discretion ? which yet was our great fealty : for it differed little from homage , with the oath of fealty to mean lords , but in the salvo ; which i touched before , and must again , being one good help to explain our allegiance . i shall acknowledge that allegiance ought to have been kept by all subjects , although they never took that oath ; which it may be , many did not , especially , since the late oaths of allegiance and supremacy ; which have seemed to abate the use , ( i say not the force ) of the old leet oath of grand fealty ; which was perhaps never taken , or much understood by some of those that appear most zealous in crying up allegiance ; for it is natural to us all , to be most confident in that which we least understand . they seem to have done much wrong to the king and crown , ( and to have made so many averse from the very name of a king , ) who by too much zeal did strain our english legiance out beyond all bounds of english laws , and then they would fly out to forreign laws ; as if the moulds and sphears of kingly power or subjects duty , were by nature equal in all climates , and in every kingdom . yet i know not that we need be much afraid to appeal to the laws of any civil state , especially to those of iudah , which if some had known more , they would have pressed less for our pattern : but all english kings had english bounds by law ; and so we swore allegiance , and no otherwise by law. it was a pang of zeal or strange affection , more than reason or religion , which did make so many once ( at cambridge ) swear to edward the senior , to will what he willed , &c , of which the saxon chronology ; but i hope it is not fatal to that place , or to any others in this kingdom . for i cannot learn that e're our law did force or wish us to oblige our selves by oath , to think , speak or doe as any king would doe , or have us for to doe , if contrary to law and right reason . our law dispenseth much with womens homage , and of old they were not pressed to it ; for a woman might not say , i am your man , nor to a man , ( but to her own husband ) sir , i am your woman , yet she was to swear fealty . so were the bishops also to swear fealty , ( except in frank almoigne , ) but the law dispensed with a bishops ( or church-mans ) homage , so that he needed not to say , my lord , or liege , i am your man. the reason is , because he was ( or should be ) the man of god , and might not give himself so much away to others , as any other whatsoever . and the reason of this may reach to all our fealty , so far as to perswade us to consider what it is we cannot , nor we may not give away to any man or angel. was it not an hard covenant tendred by nahash , that he would protect all those , or own them for his subjects , that would put out their right eyes ? and yet this had been more reasonable and just , than to have required absolute allegiance , without any limitation or salvo at all : for this had been to have bid them pluck out their souls , or at least to uncase them from that which nature hath made the cabinet of souls ( that curious orient mother of pearl , ) right reason , which doth make us men ; that i say nothing of that which makes us christians or religious men. we sinned if we wholly gave our selves unto a king , without any limitation or restriction whatsoever : for by so doing we unman our selves , and give away to a man what we owe not , what we may not give to any mortal creature whatsoever . let us discuss it then by law and reason , what is our legal fealty , how made , how limited , how kept , or how dissolved . let us inquire what duty , what allegiance is commanded by the laws , and what they did not mean they would not have us give to mortal man. shall we behold the sun reflected or refracted in a stream of water ? shall we consider the king as cloathed in the dress or habit of some other lord ? for every lord ( the meanest and the lowest ) is , or may be to his vassals , as a little king to his subjects : such was the plea of lanfranc ( as before , ) at pinenden ; and so it was adjudged and confirmed by that parliament , that he should be in his demesn , as was the king in his . and the old laws of alfred , ethelstane , edgar and canute , with the good laws of hen. the first , do as much forbid and punish treason against inferiour lords , as against the king himself ; for to them also is homage done , and fealty sworn by their vassals , saying , my liege , i am your man , and bear you faith of life , member and terrene honour , saving the faith i owe to other lords . or thus , my lord , i will bear you true faith , and do you true service , as my duty to you is , ( so the statute of edw. the second ) that is , according to my fee. and the mirrour will tell us , that it was an abuse for the king himself to require it any otherwise ; for it did not consist in a point , but had much latitude , and several degrees , according to the several fees. and if any such tenant were pressed on more service or other than his fee required , or were injured ; he might implead his liege in law : for what his duty was , neither himself , nor his liege lord might determine , but the law. for a villain , who of all vassals , was most fettered , ( most forbidden to molest his lord , ) yet might be demandant in some real , or plaintiff in some personal actions , where the lord might not make plain defence ( as they speak . ) nay , and villains also did often bring actions of trespass . and in cases of others , as of orphans , where the villain is executor in trust , he may implead his lord , who can not deny to answear , though he do it with a salvo , lest such a suit might make his villain free , as much as if he had made him an obligation , or a deed of some annuity , or a lease for term , or infeofment with seisin , or had sued him in law for what he might have had without a suit. for these did enfranchise the villain as much as being in a city , or castle , without claim or challenge for a year and a day , or his lords giving him ( by the right hand ) to the sheriff in full county court , shewing him the open doors and free wayes , and delivering to him a sword and a lance , or other free arms , which are the wayes of manumission , in the laws of king william and hen. the first , where we also find the text so much commented by glanvil , bracton , britton , fleta , with the mirror and others . they all agree in this , that the bond and obligation is mutual , and that the lords kiss whispereth as much respect and defence , as the vassals kneeling doth his reverence ; nay , there is in law so great an obligation on the lord , and so great a charge often , in guarranty , ( which of old was much larger than now , in homage ancestrell ; ) that the lord would often refuse and delay to take his tenants homage ; so that there was a writ made , commanding him to take it , and by it , to oblige himself to his tenant , whom he was to defend ; and his trespass on him in law , had a very great aggravation ; because the vassal was to be sub defensione ligea , as we found the iews , in the laws of the confessor . some kingdoms are in fee to others , and must do homage , swearing fealty ; so scotland unto england ; so was also our english king , but not the crown or state , ( which hath oft in parliament been adjudged and declared imperial , independent ; ) when himself did homage unto france . and yet i do not find our english king did ever much scruple at his waging war with all france , and the french king also ; but did often fight in person against his person ; and he might do so by law , if the king of france did injure and oppress him against law : that i say nothing of the personal challenges by rich. the first , edw. the third and rich. the second ; or of king iohns being cited or condemned by france , for murther in that kingdom . this might yet be enlarged , and further cleared , from the good laws of k. henry the first , which are so strict for allegiance and due fealty to every lord , that they seem almost to forget our old english clemency ; and yet they speak enough of a vassals impleading , &c. his lord , for which divers chapters , from the th to the end , are very considerable . and the th chapter limiteth all homage and fealty , per honestum & utile , that which is honest and profitable ; and as honestum there respecteth god and the common faith , ( deum & fidem catholicam , ) so must utile respect the kingdom , and the common good ; it being usual for those times to express the common good by such a phrase of utile . so the laws of st. edward ( for foromotes & heretokes , ) ad honorem coronae , & ad utilitatem regni ; so king williams additions were granted and confirmed , ad utilitatem anglorum ; so the parliament at merton was to treat , de communi utilitate regni ; ( which may be considered in the writs of those times , ) and the great charters granted , à tout la commune dengleterre ; ( as articuli super chartas ) and the first of westminster , pur le common profit de st esglise & de realm ; and the confirmations of the charters in edw. the first , forbidding all impositions , &c. but by common assent of all the realm , & pur le common profit de ceo ; which must be determined by commune assent , and no otherwise ; so ethelreds law , efferatur concilium quod populo utilissimum ; and canutes , quae ad reipublicae utilitatem & commune commodum , which there may paraphrase regalitas , of which before . and ( however the late oaths of allegiance are , ) if we consider the old oaths , both in the saxon and first norman times , we shall find them to respect the kingdom and its common good and profit , as well as the kings prerogative or private profit to the crown . by bracton with others , we are led to the laws of the confessor for our great allegiance ; but in those laws , the oath is to defend the kingdom with the king ; and that by such an oath we should all be , sicut conjurati fratres , ad defendendum regnum , contra alienigenas , & contra inimicos , unâ cum domino rege , &c. that it was so also in the brittish times of k. arthur , ( whose parliaments we may assert by more , than that in caius of cambridge , ) we find in these very laws , and that by vertue of this oath , king arthur raised his subjects , and expelled the saracens and enemies a regno , from the kingdom . and the same laws tell us , that the same oath was renewed and confirmed by k. edgar , whose laws are severe enough for treason , but against all lords as well as the king ; and it is punished , as theof . and the laws of canute ( confirming those of edgar ) require fealty conjoyned with duty and virtue ; and again with common justice , iusjurandum datamque fidem religiosissimè servato , injustitiam pro sua quisque virili parte , ditionis nostrae finibus omnem arceto , as lambard translateth the saxon of those laws ; and in another place of them , the leet oath of fealty , iure iurando fidem det , omni se in posterum aetate , tum furti , tum furti societate & conscientia temperaturum . and to this doth king edwards oath of allegiance ( in britton ) seem to allude , que ilz nous serrount feaul & leaux , & que ilz ne serrount felons , ne a felons assentaunts ; yet i do not deny , but theof , in this oath might include treason with other felony , ( as vvas touched before ) but however , it is as well for the kingdom or the common good , as for the kings prerogative , or private honour o● the crown . so also the first norman laws ( called the conquerors ) require an oath of allegiance ; but for the publick peace and common justice , to the kingdoms good as much as to the crown ; for so the words run , fint fratres conjurati ad regnum n. contra inimicos defendendum , & pacem , & dignitatem . n. & coronae n. & ad iudicium rectum & iustitiam , constanter modis omnibus pro posse suo , ( as k. canutes laws before , ) sine dolo , & sine dilatione faciendam . this is now continued also through our great charter , and all the confirmations of k. edwards and k. williams additions , in utilitatem anglorum , vvhich may be considered as a good comment on the usual vvords in indictments against the peace , and crown , and dignity , vvhich by those ancient lavvs , vvas to be joyned vvith the publick common good and justice of the kingdom ; so that allegiance vvas ad legem , to the laws , the kingdom , and the kingdoms good or profit , together vvith the king. and in all the lavv books vve may read of treason done and committed against the kingdom , as against the king ; so in hengham parva , cap. . if any raise war against the king , or against the kingdom , ubi quis movet guerram contra regem , vel regnum ; and his commentator referreth to several cases in edward the third , henry the fourth , with plowden and others which would be considered . nay , there are many old authors and masters of law , that expresly declare it to be as real treason to seduce the king , or the kingdom , or an army for the kingdoms safety , as to act against the kings life . so in hengham magna , cap. . treason is branched thus , de nece , vel seditione personae domini regis , vel regni , vel exercitus . and the very same division of treason is in glanvil , both in his first book and second chap. and the first chapter of his th book . to which also may be added bracton , lib. . cap. . de coronâ ; and fleta , lib. . cap. . vel ad seductionem ejus , vel exercitus sui ; and britton , cap. . disheritur de n. royalme , ou detrahir n hoste ; of which also stanfords pleas of the crown , lib. . cap. . and others that wrote since the twenty fifth of edward the third , which may seem to limit or to lessen high treason , but not to annul treason by the common law. and in cases of such treason , they declare , that although there be no accuser , but only suspicion ( sed fama solummodo publica , so glanvil ; but in bracton , fama apud graves & bonos ; and in fleta , apud bonos & graves infamia ; ) yet must the party be attached ▪ vel per carceris inclusionem , vel per plegios idoneos ; so it was in glanvils time , ( for all but homicide , ) but in fleta's , diffamatus vel accusatus , attachiabitur per corpus , & captus remanebit , donec se indè legitimè acquietaverit . that is , ( in him , ) till he have legally cleared himself from all seducement of the king , kingdom , or kingdoms army ; omnemque seductionem regis , regni vel sui exercitus , & quicquid sit contra pacem suam ; which glanvil expresseth thus , machinatum fuisse , vel aliquid fecisse in mortem regis , vel seditionem regni , vel exercitus , vel consensisse , vel consilium dedisse , vel authoritatem praestitisse . in such cases also they debate who should be iudge , and for this they all agree in that fundamental principle of right reason and nature , that parties may never be iudges in their own causes ; for which , besides all others , the mirror is large and clear among all exceptions to the iudges person , ( if he have no commission , or refuse to shew it as he ought , or be party , &c. ) of which also britton in appeals , cap. . fol. . and for this reason bracton and fleta with others , agree that in such causes , neither the king ( who might , so they say , be iudex & actor , ) nor the kings commissioners should judge or determine : but curia & pares , except only when the case is not of life , but finable ; for in such the kings commissioners may determine sine paribus . but who are these peers , and what is this court ? one of bractons first maxims ( in his second chap. ) is , that all obscure , difficult and new judgments , ought to be suspended , usque ad magnam curiam , & ibi per consilium curiae terminentur . fleta is somewhat clearer , ( in his second book and second chap. ) habet enim rex curiam suam in concilio suo , in parliamentis suis presentibus prelatis . com. baron . proceribus , & aliis viris peritis , ubi terminatae sunt dubitationes iudiciorum , & novis injuriis emersis , nova constituuntur remedia , & unicuique iustitia , prout meruit , retribuetur . ibidem . unicuique ! what , to every man in all the kingdom ? or how far , and how high may this extend or reach ? shall we propound this doubt to the antient parliaments , who were most like to know their power and priviledge ? the law was clear enough before , but some were pleased not to think it so ; and therefore in the statutes of marlbridge , ( as old as henry the third ) in the first place of all it was agreed and enacted , that all men living of this kingdom , as vvell high as lovv ( tam majores quam minores ) must and ought submit to judgment , iustitiam habeant & recipiant in curia domini regis . that this expression may go lovver than the court of parliament , i can not deny ; nor vvill others , i suppose , deny but that it may and must be yielded to the highest court of all . one of the clauses of the kings duty expressed in the saxon lavvs , is to do all things rightly by the judgment of his great court , per iudicium procerum regni ; and again , by that great council to maintain or do justice and judgment , iudicium rectum facere & iustitiam tenere per concilium procerum regni . all vvhich , and much more in those lavvs , must be solemnly svvorn by the king , before the kingdom and the clergy , in propria persona inspectis & tactis sacrosanctis evangeliis , &c. coram regno & sacerdote & clero , ( this may be considered ) antequam ab archiepiscopis & episcopis regni coronetur ; even before he may he crowned , or should require his subjects homage . insomuch that vvhen the subjects have tendered homage , ( as some lords did to king henry the fifth ) before the king had done his homage , and sworn his fealty to the state and laws ; it hath been observed by historians , as some kind of comet , that i say not a prodigy , in state politicks . and besides all the forms of coronation found in hoveden , walsingham , and other historians , ( secundum antiqua statuta , as matthew paris speaketh , ) it is clear enough in the records and rolls of richard the second ( before others , ) how the king first did take that solemn oath , and then the archbishop went to every side of the scaffold , relating to the kingdom how the king was svvorn ; and then he asked them , si ipsi consentire vellent , if they would now give consent to take him for their king and liege lord ; and if so , they came and did him homage . if they would consent ! what , was it at their choyce ? and were our english kings elective , plain elective ? sure it would be duely weighed , and i confess some things have made me very much suspect they were elective . and the rather also by considering the great care and importunity of some kings , to procure the crown to be setled by parliament upon their heirs ; which might intimate that indeed it was not their inheritance at common law ; for it was seldom seen , i suppose , that english men have taken much pains to obtain an act of parliament to settle their inheritance on their own heirs , except they were illegitimate or aliens . and upon search , i cannot find the old oaths of allegiance did relate to the kings heirs or successors , either in the saxon or first norman times , although we find the oath in old laws , long before edw. the second , and in old lawyers , bracton , britton , fleta , with the mirror , punctual in the oath of allegiance , but not a syllable of heirs or successors that i can find . yet in the times of henry the first and henry the second there was some special acts of parliament for setling the crown on maud the emperess or her issue , and king henry's son was crowned in his fathers reign , and of that time the salvo in glanvil , regi & haeredibus , which i find not in any other old lawyer ; and i believe it not usual till the great quarrels of york and lancaster , it may be much later . but all such acts ( for tying the crown to such or such a family ) do not evince a former right of succession , any more than the house of austria doth prove the empire not to be elective , though it now seem as entailed on that family . i say not how often it hath been adjudged that affirmative statutes do not annul the common law ; and that one may prescribe against a statute negative , but in affirmance of the common law , ( for which the comments on littletons burgage ; ) so that if an english king was elective by the common law , the kingdom might prescribe against late statutes which might erre much more than they could oblige all future parliaments , but they might still be free , and most of all in what was due before by common law. let us discuss it then , and see what antient lawyers and historians do record about our kings , their limitations by our laws , their title by succession or election at the common law. if bracton or if fleta may be judges of this question they will tell us , that in their times our king was elective ; non a regnando dicitur sed a bene regendo , & ad hoc electus est ; and again , ad haec autem creatus rex , & electus , ut iustitiam faciat universis ; not only created , but elected , it is where they treat of iudges and of iurisdiction . and of our saxon ancestors , the mirror is very plain that they did elect or chuse their king from among themselves , eslierent de eux un roy à reigner sir eux ; and being elected , they did so and so limit him by oath and laws . in this we might appeal to tacitus of our ancestors , for theirs , who did both elect and bound their kings and generals , reges ex nobilitate , duces ex virtute sumunt ; and of their king he saith , the power was so bounded , that he could not call it free , nec infinita , aut libera potestas , and that in conciliis , their kings authority was in perswasion rather than command , suadendi potius quam jubendi potestate . caesar seemeth to conceive they had no king or fixed common governour in time of peace : but for war , saith he , they choose out generals , qui bello praesint ut vitae necisque habeant potestatem . in our brittish ancestors he found a king , but by election of a great common-council , by whose consent he observeth that cassivelane was chosen king and general against his landing ; summa imperii bellique administrandi , communi concilio permissa est cassivellauno ; and again , nostro adventu permoti britanni , hunc toti bello imperioque praefecerant . that the brittans agreed much with the gauls in their customs , i do not deny ; but i know not why this should make the gauls to be the elder brothers , as some teach us , because our britain is an island : yet it may be much disputed , if not proved , that it once was joyned to gaul , ( or france ) in one continent , for which we might produce some of the old poets , and others before twine and verstegan . however , it is clear enough from caesar and pliny , that the gauls were much moulded by the brittish druids , although they seemed more polite in iuvenal's time ; and afterwards being more frank , they afforded a christian queen to ethelbert , and the model of a great school to sigesbert ; which yet must not wrong alcuinus , who from hence moulded the university of paris , if we may believe all that write of charlemaign . and if we add strabo to those cited before , we shall find they chose both generals and all great magistrates . when they had a king , the crown passed by election , and was so limited , that ambiotrix ( one of their kings ) acknowledged , ut non minus in se iuris multitudo , quàm ipse in multitudinem ; so in caesar. their common-council much consisted of equites ( and such perhaps our knights of shires ; electi de plebe , ) and druydes , their clergy who did over-rule them all , by their banns , and sacred oak misleto , as if it had grown in dodona's grove . their grand corporation was dissolved by roman edicts , in gaul by claudius , ( as seneca , suetonius ; ) but in rome by tiberius , ( if not augustus ) in pliny ; but vopiscus keepeth a druydess to presage the empire to dioclesian , when he had killed the boar ; and ammianus may afford them in rome , in iulian or constantius . but in scotland or ireland they remained longer , if we may believe their annals of columbanus , and of william the irish abbot : but in dioclesian's time , amphibalus the famous brittan , fled from rome to his friend st. alban , ( who dyed for him in his cloaths , it is said ; but we find him condemned by law , and styled lord of verulam , prince of knights , and steward of brittain , in his shrine , and iacob de voragine . ) ' ere long we find him made a bishop in the holy isle , and there he did succeed the brittish druyds , and his scholars were enow with their blood and carkasses to make the name of litchfield . but the turning of druyds into our bishops , ( in lucius's time , ) is no more certain , i think , than that those were the flamins or arch flamins , of whom we hear so much of late ; but of old few or none relate it , but only monmouth . the name of flamin came to brittain from the grecians or the romans , ( who had druyds from the brittans , ) where they were most sacred priests ; at first but three , but when every god and godded man or daemon had his flamin , they became extreamly innumerable . yet the first three still kept their distance , place and seniority , from whence the phrase of arch-flamin , which yet i dare not assert to have been in brittain , or to be so much as known in the time of lucius ; or the name of archbishop . but of this sir henry spelman , of lucius's epistles in gratian , and mr. patrick young on clements epistle to the corinthians . but fenestella with his names of bishop , arch-bishop , cardinal , patriarch , metropolitan , &c. is now come out with another title of a later age , than he that lived in tiberius . but to return to our brittish druyds moulding the state , and yet they would not speak of state but in or by a common-council , ( as was touched before in the militia , ) and among these the same caesar will tell us , that there was a chief or president , but chosen by deserts , and not by a blind way of succession ; si sint pares plures suffragio adlegitur ; nonnunquam etiam armis de principatu contendunt . nor is it probable the brittans should be great patrons of monarchical succession , which could hardly well consist with their gavelkind , which is not only in kent , but in divers other places of england and in wales ; from the brittans , as we may learn from parliament , in hen. . and in k. edwards statute of wales , with littletons parceners : and his commentator makes it one mark of the ancient brittans , and from them also to ireland : and from the brittish gavelkind , do all the children yet among us part their fathers arms , of which also the great judge on littletons villenage . but on the parceners , he deriveth the crowns descent to the eldest , from the trojans to the brittans , so indeed do many others with monmouth and basingstock . yet our best herald the learned cambden , will deride the story of the trojans coming hither , but his many arguments to prove the first inhabitants to be a kin to the gauls , do no more convince me that the trojans might not come hither afterwards , than that the normans did not come , because the saxons were before them . i repeat nothing from gyraldus cambrensis , matthew paris , hoveden , huntingdon , or others , who derided monmouth , till they were convinced by some brittish writers which themselves found ; besides all the greek and latin authors cited by virunnius , leland , sir john price , and divers others , that i say nothing of the scottish chronicles , or of the learned man that shewed king henry the first the descent of divers nations of europe from the trojans , in huntingdon and hoveden . but it may be considered what this state and parliament hath oft owned of brute , and the trojan story , not only in the grand moot of the dependance of scotland on england , ever since king brute ; which , beside all records in the exchequer , is at large in walsinghams edward the first , and the survey of normandy , as also in the laws of the confessor , cap. . to which i might add the trojan reliques , statues , tablets and pictures , in all the brittish , danish , saxon , english wars , found here in cornwall , wales , and other parts , besides our troy novant , or new troy , the old trojan roman name of this famous city of the troinovantes , ( in the roman writers trinobantes ) now london , since the time of lud's building a gate , and changing this cities name . but for leaving out the name of troy , some were so much offended , that it came to a great contest and quarrel , couched in verse ( from others ) by the old gildas , and translated by the famous nennius of bangor , escaping that bloody massacre . who hath also left us an old history , ( yet to be seen in ms. ) collected , as himself saith , from the brittish and scottish records , and from the old roman annals , ( which were then found ) relating the pedigree of brute or britto , ( some will have him brotos , and some brutus , ) from aeneas to rome , and his bringing some trojan reliques hither by the way of gaul , where ( he also saith ) he built the city of turons or tours , much as monmouth and others have the story , though i could never find it in homer or any of the ancients , by them cited for turons . yet i find the same nennius confessing that the brittish annals had another descent of their brute or britto , from japhet ( obtaining europe for his portion with the brittish isles , of which noahs will in eusebius , or other old fragments ; ) came alone , from whence the almans and francks , besides our britto , ( father to the brittains , ) whose genealogy through twenty descents to noah and adam he saith he had from the tradition of those who lived here in primis britanniae temporibus . so that if we may not believe taliessin , ( the british bard ) of trojans coming hither with their brute , yet we may peruse his scholar , or the merlin that foretold the name of brute should come again upon this island ; whether in the scottish union , or in the welsh returning to their lost dominions , i dispute not ; nor how this island came so like to somothrace , ( so near a kin to troy ) in rites of worship , or in other customs , as of old some did observe , especially in those concerning ceres or proserpina , so famous here , that in the old argonauts the brittish isles are stiled the court or palace of ceres ; and yet this might be for other reasons . but although i cannot deny some trojan customs among us , yet i know not why i should grant that trojan succession to the crown , which so many do assert , when as themselves do yield the same trojans to be brittans , and those brittans of whom we spake before . and besides the brittish gavelkinde , and all before , themselves do also relate their own brute , parting his kingdom among his three sons , and again the crown parted between the two sons of madan , two of gorbodio , two of molmutius , two of lud , so near a kin to him that caesar found elected king by common-council . and i must believe those who assert the trojan crown to go by succession : yet i know not why i may not also believe so many good or better writers of the trojan common-council or parliament , and their power in peace and war ▪ with all things else that might concern the king or kingdom ; which great council did consist of princes or nobles , and elders of the people . of which trojan parliament we read in apuleius , socrates , daemon , and in homer , virgil , dictys , and most ancient dares , who lived also in our britain , ( if good bale deceive us not , ) which yet is not so certain as that he was translated or paraphrased in latin verse , by ioseph of exon , or iscan our countrey-man , as many of his verses speak ; although that elegant poem be ascribed to cornelius nepos , as by him dedicated to salust , in the times of the great commerce between rome and britain , which produced so many famous brittish romans , beside constantine , helen , and the modest claudia , of whom st. paul speaketh , and martial ( in several places ) maketh her a british woman . i will not insist upon their election of emperors or generals by a kind of lot in dictys , nor will i deny but the trojans were severe enough to all traitors , whose dead bodies also were denyed burial , if we may believe all from the illiads ; but the odysses may also afford us the very same punishment for tyrants , whom they hated as much as the grecians . nor will the patrons of succession or prerogative find more encouragement among the grecians than among the trojans ; though i cannot deny but they do rightly observe many grecian customs among the britains ; nor will i deny to our ancestors , both greek philosophers and greek schools , besides bladud's at stamford and other places . i could easily believe these islands to be known to the grecians long before the romans , of whom lucretius is the first ( that i yet know ) speaking of britain ; but it was described by polibius , ( though our great herald seem to forget it , ) who might learn it from the carthaginians trading hither , and by eratosthenes , dicaearcus , pithaeas , and artemidorus , if i be not deceived from strabo , that i say nothing of the old argonauts ( ascribed to orpheus , ) naming ireland and describing britain , or of the book of the world , ( in aristotles works ) where albion and ferne are brittish isles , mentioned also in dyonisius ; and very famous for their mines of tin or lead , whence the name of cassiterides , of which herodotus , and others of the ancients . what was the grecian genius towards their kings , doth not only appear in their supercilious ephori , eye-brows , or the left eye of greece , but in the right eye , or athens , of which much might be spoken from all the greek historians , besides their laws or politicks of plato and his schollars , long before the attick laws collected by petitus , that i say nothing of aristophanes or any of their poets . but how much our ancestors owed to the grecians , i do not find expressed by any ; most of our plays , much of our works , and somewhat of our laws seemeth to be grecian . the genius of a state is seen in plays , some think , rather than in work ; they are passions and as lovers pulses , which do shew the soul much quicker than do words or actions ; and the greek scenes were passions ( or sufferings ) of princes rather than their actions ; and a tyrants blood was thought the richest and fattest sacrifice to please the people and appease their gods ; but interludes must be corrected much , and then they may both moralize and methodize the best historians , and may be divertisements of use as much as pleasure to a state , which else was apt to grow morose or melancholick , if it were too sedentary . the grecian cards or chess ( at the siege of troy , ) may shew their shuffling , cutting and triumphing over kings , and checking them by small perins , and in the east scheck-maet doth signifie the king is dead , or the kings death . but when shall we come again to the mathematical ( or philosophers ) game , which was also used here , though now we have lost old plato's analyticks , of which his theon long before vieta ? when shall our kittel-pins return again into the grecian skyttals of the muses , whence they might degenerate ? when shall our cards return again to charts , and teach our children prospects and geography , with the true site of countreys , cities , persons , and the famous men of old , who conquered ( in their plays , ) by laws of history and exact chronology , and not by fancy only as of late . when shall our grecian dice be taught to teach our children squares and cubes , with all the mathematicks , as they might much better and easier than our papers and our tedions figures ; for i need not say how much the six sides of a dye would help for the root of all perfect cubes , and half six for all surds in that and higher powers ; beside so many other uses of the dye in all mathematicks and architecture . in which also we owe to the grecians for our attick and ionick , and our other moods ; and so in musick also , that i speak not of perspective and almost all the mechanicks of wheels , beams and leavers , with perpetua or continual screws ; or of the physick and apothecary terms , more grecian than italian . and beside , divers of our law-terms , endite , ideot , chyrographer , protonotar , &c. i could almost believe the grecians were the patrons of our tryal by twelve , which was not first brought in by the normans or by the saxons , although we found it with them in ethelred , or edward the senior , and before them in alfred , as appeareth by the causes why he hanged so many judges in the mirror . from the twelve signs of the zodiack , it might come to the chaldeans , thence ( or from the iews ) to the egyptians ; for in egypt was the old iury of twelve gods , so often in homer , herodotus , diodorus ; and from egypt to greece , with the twelve labours of hercules , egyptian or oriental hircol , hirtot , hirsut , and thence the fable of his lyons skin . but in greece this number was both famous and sacred , as in our iuries : and of this , plato in timaeus , and in phaedrus , in his laws , and in phaedo and critias , which would almost perswade me that he had seen moses or the flood , or the twelve old heroes , or had read in moses song of the earth being parted , according to the number of the sons of israel , or ( as some would have it ) of the angels or the sons of god. and for the grecian trials by twelve , i need cite no more than the known histories of orestes , and of mars , tryed for murther by a iury of twelve , ( and quitted only by the equality of votes , ) in that famous place which from him was called areopagus or mars hill , of which st. paul ( and dyonisius ) and the altar to the strange god is described in pausanias , to be compared with laertius epimenides ; ( and divers others ) that i say nothing of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which from areopagus might come hither with the tryal by twelve , and be mothers to the name rather than person of the famous brittish samothes , as areopagus seemeth to have been to much if not to most of our law pleadings and customs in criminals . yet it may be possible that this number might be as sacred among the trojans , although i remember little of it till aeneas's coming into italy ; and then we hear of twelve procers , twelve vulturs , twelve lictors , twelve hours , and at length twelve months , and other things , for which dionysius , the saturnals , the genials , and tiraquel , may be considered , with that of old ethelward , in edgar , argivae hebdomadas gentis posuere magistri , septimanas quas voce latini . but the romans allso had many , if not all their dozens from the grecians , which were known here long before ethelbert did settle his dooms romano more ; and we often find the number of twelve in the old histories of britain and gaul , for their twelve peers are much older than some may think , that will have them onely to be french. nor would it be impossible , i do think , to shew some other of our law customs borrowed from the grecians ; yet i do not know that our old greek lade , was so called from greek law , ( as divers would perswade us ) or from greek leod , or from greek language , which yet appeareth in the welsh ; but i know not that it was spoken here or in gaul , but near marseils , a greek colony , not much younger than the elder cyrus . but it may be that the druyds had their learning and their letters ( though in sacris they did write but little ) from the grecians , or phenicians rather , who in this did teach the grecians , as both dictys and the crowd of cadmus . i could also believe their characters to be very like those of canaan , ( as scaliger on eusebius , and others , ) but i cannot yield them to be hebrew , though so many learned men affirm it : but for this see fullers miscellanies , and buxtorfs dissertations , with the punick columns of ioshuah and adorams tomb in spain , villalpand , crinessius , old hebrew in larius , mr. selden de dis syris , and de iure gentium , that i say nothing of tuscans antiquities . yet , if any thing , i could wish the samaritan pentateuch , where the true ancient hebrew , ( as so many , before marinus , ) it should be in terahs age , at his death , which would more settle chronology , than else i find it possible , he being there sixty years younger when he dyed than our bibles make him ; so that abraham might be born at his seventy , in which the iesuit also agreeth unto scaliger . i cannot believe the story of ulysses navigation hither , or that hannibal did conquer britain , although it be recorded in a iewish writer of as much note as gorionides ; but the mistake is of bretany , for the brettian , brutian or brescian tract in italy ; and such a slip is also found in some copies of polibius atheneus , and the fragments of olympiodorus . but of phenician traffick hereabout , there are many proofs and reliques , beside the famous story of the punick pilot , who was commended and rewarded by the state of carthage , for sinking his ship and fraught rather than he would be forced by the romans to discover the punick traffick for lead or tin , found about the british islands , therefore called cassieterides . of which so many greek authors before strabo or pliny , who relate the carthaginian and marsilian traffick for those oars . and matthew paris telleth us , that . there was no tin ( that he had heard ) in all the world , but in cornwall only : and then it came to be found in some parts of almain . the learned author of the late peleg ( among divers other brittish words ) hath found a new etymology for the name of britain ; which ( notwithstanding brith , for colour or painting , and bretas , in some greek poets , for a picture or a painted brat ) he would have to be called by the phaenicians , berat anac , or the field of tin and lead . to which i may add the northern sea , called of old the phronean ocean , or the sea of saturn , whom they feigned to lye asleep in the bottom of that sea , bound by iupiter in a golden pumice , of which plutarch , eusebius , ptolomy , and divers others ; and of this , the author of the veyl , or mask of heaven . of which i must speak but little , only this for a clavis : the scene is the little world , or isle of brittain ; thule , some appendant to that crown , or scotland , whose troubles of . are shadowed in the night work , called scotos , ( or darkness ) saturn , the scottish genius , and mercury the clergy , but in special the late arch-bishop of canterbury ; iupiter ( the son of saturn ) or a great scottish lord , lately on the scene , that was first sent to reconcile saturn , but he turned retrograde . mars the genius of war , and in special , the great general against saturn , or the lord lieutenant of ireland : venus seemeth to be queen mother of france , then alive in england : phoebus and phoebe , need no gloss . imperii fata , plain enough to those that know that dialect . but phoebe might have there seen ( before this parliament , ) that peace had been her work , and should have been her happiness : nor is it yet too late , or wholly past . habent etiam sua fata reginae ; and there is a silent patience which may conquer more than all the world can get by force . who will unmask the chymical part ? which the poets also veiled in their fables of saturn , bound by iupiter in golden pumice ; and it may be possible that future ages may be brought to see or know the treasures in our chronian ocean , and the meaning of that riddle . in the mean time , he that can improve the sympathy of mars and venus , or remove the antipathy of saturn and mercury , or can bind saturn by iupiter , and by the mediation of phoebe , can reconcile all to phoebus , or can live on herbs , may have little need i hope to flatter any . but to return to our british ancestors . how cordiel and guintoline were created populi iussu , archigal , ennianus or others deposed , is observed by divers : i shall only add , that proceres and magnates here are rendred estates , people or commons in grafton and chaucer , or the old fructus , by iulian of st. albans . molmutius first did wear a crown of gold ( they say : ) he did deserve it , for to him we owe divers of our common law principles ; nay , and that , for more than is found in monmouth , as i touched before . and upon him the patrons of succession build a fixed monarchy , which was not such it seems before ; nor since , if we may believe those we can hardly disprove , that from this time begin the petty princes , & plurimis regulis supremam mandandi & iudicandi authoritatem . and themselves divide the crown between his two sons , brennus the british thunderbolt to rome , ( and some do carry him as lightning to delphos , ) while his brother belin did return and dye in peace ; and first of british kings was burnt to ashes , yet he lived here in bilingsgate and key , besides his famous ways or streets , his own and fathers laws , ( which with the mertian came to us through alfred . ) but we need not go to his daughter cambra for the first affinity between the brittans and sicambrian francks , or gaulish germans . come we now to cesar's time , lud is alive in ludgate , london , ( as before , ) he did amend the laws , but by a common-council : and such council did reject his sons , and chose cassivelane ( as caesar doth agree with british authors . ) he did summon one ( that slew his kinsman ) to appear and submit himself to judgment , sententiam quam proceres dictarent subire . but the famous androgeus protected him in london ( being then the governour , ) pleading the custom and priviledge of that city , which had also then a court to hear and determine , all the pleas of citizens , or quicquid aliquis in homine suos clamaret , and that also by ancient prescription , ex veterum traditione . which from monmouth , virrunnius ponticus , and others may be compared with the laws of the confessor , for troinovant or london , and its weekly hustings , and ardua compota , and ambigua placita coronae , and for the courts of the whole kingdom there , whence it is called caput regni & legum . which may also be compared with that of the mirror , for parliaments to be in london by ancient laws , which is here expressed , iuxta veteres consuetudines bonorum patrum & predecessorum , & omnium principum & procerum , & sapientum seniorum regni , very full and clear , parliaments of all estates . that which is added of those courts , to sit and hold wherever the king was , is british also as well as saxon. so the laws of howel , dha , the good , ( in the chronicles of wales , but larger in sir henry spelman , ) ubicunque sacerdos , & destein , & iudex , ibi dignitas curiae & aula regia , licet rex absens sit : and this is one reason why the king was never nonsuit ; because he was supposed present in all courts : and yet his atturneys ulterius non vult , had the effect of a nonsuit . but for london and its antiquity before rome , stephanides ( a monk as old as k. henry the first , now in print , ) may be compared with tacitus , ammianus marcelinus , nay , with caesar also for the trinobantes , although some think he never saw this city . but the charters of k. william and hen. the first are in print ; so also of richard the first , and k. iohn , in hoveden and others , which yet must not perswade us that sheriffs were then first created here . for counts or viscounts are as old as counties : and the brittish authors speak of dukes of troynovant , ( such was androgeus , ) and pro consulibus vice-comites , in fitz-stephen , and willielm . de einford vice-comes de london , & ioannes subvicecomes , in the book of ramsey , wallbrook case in hen. the first ; that i may say nothing of william the chamberlain de londonia , of whom before in hen. . which may be premised to the famous quo warranto , brought in edward the second . but to return to our british kings , i cannot deny but some authors do record the crown ( as by act of parliament , ) settled on the heirs of cassivelane ; but themselves also can shew us the very next king brought in by election , ( not from cassivelane , ) and that both of lords and commons too , if we may believe chaucer , or the old fructus temporum . this theomantius ( many of their names are greek , ) was duke of cornwall , when he was elected king ; he doth yet live in a famous son , great arviragus , ( whom the roman poet , and so many others praise , ) he did amend the laws , but by consent of parliament ; for all agree that a senate was elected ( or dilected as they speak , ) in his time ; not then first created , but it might be renewed after the romans had so much interrupted it , of which before from tacitus ; so far am i still from believing our first parliament did come from the roman senate . it is a known history , how that king divorcing himself from his scottish queen , and marrying a daughter of claudius caesar , ( at claudio cestre , ) was censured by his parliament or proceres , so that he was fain to exhibit his answer in writing , which is still left us in fragments in divers places . amongst other passages , he said , he knew not but it might be lawful for him to have more wives than one ; eo quod leges britannorum , illuc usque id nunquam prohibuissent , because the brittish laws had not yet forbidden it . i must not here dispute what moved lucius to desire and send for the roman laws , nay , and that for the state also . nor can i yet subscribe to them that think the britains to be wholly governed by roman laws , from claudius to attila's time . but could the british king send out for forreign laws , or call them in without consent of parliament ? it might not be , and eleutherius's answer is in print , ( among the confessors laws and every where , ) ad petitionem regis & procerum regni britanniae . petistis à nobis leges romanes & caesaris ; his answer was , you have the scriptures , and from them you shall do well to frame your laws , but by your parliament , per consilium regni vestri . they which begin our british christianity from eleutherius , seem not to consider his epistle , granting that the britans were already christians , and had both the old and new testament : susceptis nuper mis. d. in regno britanniae , legem & fidem christi , habetis penes vos in regno utramque paginam , &c. they were christians long before . tempore summo tiberii caesaris , as gildas badonicus ; and albanius telleth how philip the apostle sent hither ioseph of arimathea out of gaul , see baronius , ems . historia in vaticano , & melchin , cited by bale , capgrave of arviragus , and malmsbury of the famous glassenbury , which in old charter by parliament is said to be founded by the lords disciples , and is therefore styled , fons & origo religionis ; as westsex is caput regni & legum , in the laws of henry the first , as london in st. edwards . some have also brought st. paul in britain ; so venantius fortunatus ( anno . ) from the●doret perhaps , who yet nameth not st. paul , but the leather cutter , and the publicans and fishermen , which may be st. peter , if we may believe the greek author cited by mr. patrick young on clemens , or sophronius and nicephorus , as dorotheus tyrius of zelotes : that i say nothing of the british bard , who from the stars did tell the birth of our saviour , in so many older than bale . but again to the brittish parliaments , for so we read in the laws of king alfred , ( out of british , trojan , grecian , &c. ) that in the very first times of christian religion in this island , laws were made by a common-council of bishops and other wise men ; with that of bede , servabant reges sacerdotes privati , & optimates suum quique ordinem . after the death of lucius , the britains could not soon agree about the choice of another king ; ( 't is every where , ) ' ere long they chose asclepiodat the duke of cornwall , by consent of commons also ; communi assensu & annuente populo : troublesome he was to all the romans , but especially to gallus , who hath left his name in walbrook , as the gauls ( some think ) in wales ; but for this polydor virgil , and the confessors acts , with the laws of king ina , may be compared with monmouth , virunnius , basingstoke , florilegus , gyraldus , and some passages of bede . coel e're long appeareth on the scene , but yet against succession ; and he cannot dye so long as helen liveth , mother to the christian emperor , but daughter to our brittish coel , who was also father unto colchester . we are come to times of more certainty , when that deadly wound ( of one of the heads ) had made the roman empire gasp , as if it would expire and breathe no more ; it had little list or leisure to command or counsel any of the toes , or other members at a distance . in this point of time the britains rose ( with other nations ) and did soon recover most of that the romans held by force ; their laws and customs now were free , 't is yielded us by all : but they could hardly turn and view their liberty , before they came to be new slaves to the picts and scots , ancient appendants to the brittish crown in fee. the roman consul then in gaul , could not regard the brittish sighs and tears , which himself knew to be as just as pitiful ; for had the romans not so gleaned britain of its glory , ( for their conquest of other nations , ) they had never asked help it seems against the scots . from the romans they had first recourse to their neighbour gauls , or to their countrey-men in gaul , for such they were in that which to this day is called brittany . upon what terms they had help from them i dispute not ; their king had as great a name as the great constantine , but how himself or his sons like the brittish reins , we may guess in part from what we read in gildas tears for his poor countrey ; where he complaineth that kings were elected and anointed for nothing of god or of good in them , but only for their force , &c. this is also found in another author ( besides gildas ) as old as king stephen or henry the second , which may the more perswade us that monmouth had good authority for what he writes of those times , for he also hath gildas's words , with very little variation . by which we see the law , or at least the custom of those times , both for electing , anointing kings among our british ancestors . two of those kings may be constantine and constans , who are said to be slain by some of their guard or attendants , yet so as divers intimate it came from a farther and an higher hand . constans also came up to the crown by a faction rather than a free choice , as all relate ; who ascribe it to the duke of cornwall , not without great contests of divers lords , and with little consent of commons , vix annuente populo , as we may read in divers authors , who are also plain enough to make us know , that he was pulled down by the same hands that set him up . vortiger came next , but on election , it is agreed by all ; and that there were two royal princes ( sons to the late , and brothers to the last king , ) who must wait for the crown with much patience . how he called in the saxons by consent of parliament , i shewed before in the militia , and i might confirm it from divers others ; who do also record , that the king told the saxons that he durst not without the consent of his proceres , assign them any land , or city , or castle ; for that it was against the laws of his kingdom , & prohibitus sum , quod proceres regni dissuaderent , &c. yet it may seem the lords agreed to their setling in thanet afterwards , but the commons dissented so , that they resolved to drive them out again , and that in common-council or parliament : concilium fecerunt cum majoribus suis , ut pacem disrumperent ; & dixerunt , recedite à nobis , &c. my author is old nennius of bangor . he hath clear passages for parliaments in that time , and for their power also : as for incest with his own daughter , vortiger was first corrected , ( perhaps with the iewish discipline , which was here also till the time of henry the second ) and st. germane the arch-prelate , came with the whole convocation-house ( cum omni clero britanniae ) corripere eum. nennius saith , that in a great moot of clergy and laity , he was so roughly handled , that he rose up in a great rage and fled , or at least sought how to flye , but he was banned ; maledictus est , & damnatus a beato germano . afterwards vortimer was chosen king , ( 't is every where ) but after divers victories he dyed , poysoned ( as some thought ) by vortiger . he now combineth with the saxons , and by their power entreth the scene again , but with little consent of the britains ; and although he acted a while , yet he was hissed off , being odious to all , till at length his heart brake . nennius addeth , that some said the earth opened for him ; and st. germane writeth , that his whole family was burnt from heaven , which was much ascribed to the clergies curse or excommunication . which was in use among the britains , and that also upon their princes , of which we have many examples ; as of teuder , and clotri , for homicide and perjury , and hovel , glevissicg , and brochwell did hardly escape by a great fine & iudicium suffere non potuit , of which sir henry spelman in his synods of landaf . it was then by much more heavy than of late : caesar observeth it among the druids , and in him it is poena gravissima ; adding also , that such persons were abhorred by all as some loathsome disease , and that they might have no honour or right of law , neque iis petentibus ius redditur . and among st. patricks canons we find the excommunicate excluded , à communione , & mensa , & missa , & pace ; their ceremonies in this seem a-kin to the iewish cherem , nay , to their shammatha , ( or st. pauls maranatha , ) and it so continued among the saxons also , as we may see in the laws of canute , making it capital to protect or harbour any such : but in the confessors acts , when an excommunicate fled to the bishop for absolution , eundo & redeundo pacem habeat ; else it seems they were as out-laws , who might then be killed by any that met them , as the same laws of woolfshead in another chapter . which may help us to interpret those that speak of the iews being excommunicate ; nay , and that also by seculars in england , of which in matthew paris and his additaments ; but his glossar rightly expresseth it by the university phrase of discommoning townsmen , which of old was much worse it seems than now . after vortiger , aurelius , ambrose , à convenientibus britannis , & convocato regni clero in regem erectus est : he might also be inserted into gildas , for he dyed by poyson , if good authors deceive us not . at his death a comet like a dragon , and the bards apply it to his brother , thence called uther-pendragon ; florilegus addeth , that he made two dragons of gold , offering one , and carrying the other still before him , whence the dragon in our english standard , although some have asserted much of him they call st. george . that which westmonster or polydore expresseth by praecepit proceribus regni convenire ; monmouth thus , ( in aurelius ) iussit clerum ac populum submonere , ad aedictum ergo illius venerunt pontifices & abbates , & ex uncquoque ordine qui ei subditi ; and again of uther , convocato regni clero , annuentibusque cunctis sublimatus est in regem ; and again , communi populorum concilio . this uther-pendragon is vouched and asserted in the famous contest of little britains subjection to turon , ( may it also allude to the story of brute , ) of which gratians decrees and matthew paris , ad an. . uther being dead , convenerunt pontifices cum clero regni & populo , a parliament ( agreed by all ) to bury him regio more , in the gyants dance or stonehenge , which himself had gotten by merlins help out of ireland , fixing it so near to salisbury for a monument of that parliament , which was thereabout destroyed by the saxons . a parliament i call it , so i may : in nennius they are seniores vortigirini regis , but in monmouth ( and those that follow him , ) they are principes & consules , ( that is , comites , ) & barones & cives , called by the kings command , edict , or writ of summons . for arthurs parliaments , it would be much superfluous to produce more proof than what already is in sir iohn price , cajus , leland , or others that assert his history ; this i shall only add , that in this of all we may credit monmouth , who is so punctual in nothing as in vouching each county and city that made up his parliaments ; ex diversis provinciis , proceres brittonum duces ; and among others , dux doroberine consules , both of counties and cityes , boso ridocensis , id est , oxonefordiae , lot consul londonesiae , &c. and among forreign princes , he nameth the kings of ireland , island , godland , orcades , norway , denmark and others , besides the twelve peers of gaul , ( of whom also in divers other places , that i speak not of the twelve reguli , which brute found in gaul ; ) nor was there a prince of note ( saith he ) citra hispaniam , who did not appear at his summons : which may be compared with that of k. arthur , among the laws of the confessor , and in horn , as authentick as neubrigensis . come we to the saxons , what i cited before from the mirror , tacitus , caesar or others , may be fully asserted from their histories ; i shall not insist upon offa's election , although it be clear enough from his own words ; ad libertatis vestrae tuitionem , non meis meritis , sed sola liberalitate vestra unanimiter me convocastis : and the lives now printed with matthew paris , ( and his henry the third ) mention divers , if not all the counties which made up k. offa's parliaments . nor will i spend time in cuthred , beonerd or others , deposed by parliament , because the monarchy was not yet so fully settled . but in the confessors acts we find k. ina elected ( though by means of an angel , ) and the first saxon monarch ; of his laws , and match with his gaulish , walish , cambrian queen before , as also of his clear and full parliaments in the militia . e're long we find a parliament at calcuth ; conventus pananglicus , ad quem convenerunt omnes principes tam ecclesiastici , quam seculares : wherein , by the king , arch-bishop , bishops , abbots , dukes , senators , & populo terrae , ( lords and commons , ) it was decreed and enacted , that kings should be elected by the parliament ; à sacerdotibus & senioribus populi eligantur ; and that being so chosen , they should have prudent councellers , fearing god ; consiliarios prudentes , deum timentes ; and that bastards ( de adulterio vel incestu procreati , ) should not be admitted to the crown : it is both in sir henry spelman , and in the magdeburgens . cent . . cap. . pag. . &c. edit . basil . egbert by all is a fixed settled monarch , but without or against right of succession : ordinatur in regem ; so ethelwerd , omnium consensu rex creatur , in polidor ; ad regnum electus , moxque imperare iussus , patriae desideriis satisfecit , as we read in the monk of malmsbury . about this time the mannor of mallings in sussex was settled on the church of canterbury by act of parliament , consentientibus magnatibus ; it had been given before by one of the kings , but it was recovered again , eo quod magnates noluere donationem illam ratam fore . to what sir henry spelman hath of , i shall only add , that matthew of westminster doth afford us princes , dukes , earls and barons , both in that and former years , besides inferior laios and clergy , whom he calleth rectores ecclesiarum ; and in ingulph we find principes , duces , comites , barones , comitatus and baronias with proceres majores , long before the norman . ethelwolf , a monk , a deacon and a bishop , yet elected king , because they could not find a fitter person for the crown , necessitate cogente factus est rex , in roger hoveden , & consensus publicus in regem dari petiit , in bale . at rome he repaired the english colledge lately burnt ; but he displeased the parliament , by getting his son alfred to be crowned by the pope , and by marrying a daughter of france , whom without their consent he styled queen , which was against the common and the statute-law , contra morem & statuta , as we find in florilegus , to be compared with the saxon chronology , and asser menevensis , with wigornensis and malmsbury , before stow or polidore . but notwithstanding his coronation by the pope , king alfred did acknowledge his kingdom to the bounty of his princes and elders of his people : deus & principes cum senioribus populi , misericorditer ac benignè dederunt ; as himself speaketh in his will , ( subjoyned to his life by menevensis ; ) wherein he also desireth to leave his people ( whom he calleth noble west saxons ) as free as mans thoughts within him ; ità liberos , sicut in homine cogitatio . how far west sex did then extend , may be known in the saxon laws , with those of st. edward and hen. the first , where it is styled , caput regni & legum , ( as london before , ) to which all must have recourse , in omni dissidentia contingentum . edward the senior was his son , but elected king by parliament ; successor monarchiae eadwerus à primatis electus , my auhor is old ethelwerd . king ethestane a natural son , and so excluded from the crown by act of parliament at calcuth , yet being a gallant prince ( of great hopes and virtues ) he was elected : electus magno consensu optimatum , & à populo consalutatur & ab archiepiscopo more-majorum coronatur , as we read in malmsbury , huntingdon and virgil. yet there was a great lord , elfred , who opposed much , and e're long rebelled , scorning to submit to him , quem suo non diligisset arbitrario ; being sent to rome to purge himself of this treason , he forswore it at st. peters altar , but fell down , and being carryed into the english colledge , dyed , and his estate by act of parliament was given to the king : adjudicata est tota possessio , in magnis & in modicis quemadmodum judicaverunt omnes optimates regni anglorum , as the kings charter speaketh ; settling his land on malmsbury . how tender they were of blood , i spake before , and of k. williams law , nequis occidatur vel suspendatur : but wigornensis and hoveden speak of k. henrys law for hanging any found in furto vel latrocinio ; yet in ethelstane the wergylds were agreed by parliament , and a kings life valued at thrymses . of anlo's league among the saxon laws , that he was chosen king by some that rejected edmund , we read in florence and hoveden ; as of one that scrupled in ethestane , because he had sworn fealty to anlave in the monk of malmsbury , but it might be another anlave . edred came in by election , being preferred before the sons of edmund , who was king before him ; of his parliament summoned by writ , we spake before in the militia . about this time were the constitutions of odo , de officio regum & secularium principum ; they are found in saxon , and are now printed in latin , to be compared with the statutes of calcuth . what power they had , may appear in edwin , for incest excommunicate by the same odo ; & unanimi omnium conspiratione edwino dejecto , eligerunt deo dictante edgarum in regem , & annuente populo , res regni publica despertita inter fratres ; and afterwards , clito edgarus ab omni anglorum populo electus est , &c. confluentibus principibus , & omnis ordinis viris , cum magna gloria bathoniae coronatus est presentibus praesulibus , ac magnatibus universis , datis singulis donariis consuetis , quae reg. coronat . dari magnatibus consuescant ; of which matth. westmon . malmsbury , hoveden , and florence of worcester . how this mighty edgar was handled and humbled for ravishing a kind of nun , is observed by divers ; and that after his seven years pennance , ( being not to wear his crown , ) congregatis omnibus angliae principibus episcopis & abbatibus ; the crown was again restored to him , coram omni multitudine populi anglorum , cunctis laetantibus & deum in sancto dunstano laudantibus , as may be read in capgrave . baronius of this , and a great lords rape , ( of that time ) speaketh of some appeal to rome , whence dunstan was commanded , peccatori condescendere ; but he would understand it only , si penitens peccatum relinqueret ; nec aliter ( saith baronius ) potuit intellexisse . edgar being dead , there was much contest in electing the next king : de rege eligendo magna inter regni primores orta est dissensio ; quidam eadwardum ; quidam eligerunt ethelredum , as the monk of worcester , besides hoveden and matthew of vvestmon . who agree also that at length the arch-bishops , cum chorepiscopis , abbatibus , ducibusque quamplurimis , did elect , consecrate , and anoint edward . who enjoyed it with little quiet , and among divers contests of parliament , affrighted at the house fall , or amazed at the angels or some strangers voice they knew not whence : e're long we find him hudled into dust at vvarham , which queen aelfrith ( or aelsted ) attoned by hospitals or other works of devotion ; but a fiery bloody cloud followeth a blazing comet . of st. edwards and st. dunstans annual festivals , established by parliament , the laws of canute . it was that dunstan who presaged so much ill of ethelred ( at his baptism , ) and to him at his coronation , which yet was by consent of parliament ; matris suffragio proceribus congregatis , as the monk of malmsbruy . where we have this compendium of ethelred : regnum adeptus obsedit potius quam rexit , annis . saevus in principio , miser in medio , turpis in exitu : so that we need not wonder at the parliament which in his time provided , that the greatest and the highest offenders should have most punishment and heaviest doom . in the danish storm he fled to normandy , and the parliament sent him this message , ( in vvigornensis , hoveden , huntingdon , florilegus and all , ) that they would receive it again on condition he would govern more justly , or more mildly ; si ipse vel rectius gubernare , vel mitius . by his son edward he cajoled both the lords and the commons , majores minoresque gentis suae ; promising to be wholly guided by them , and so return'd again . but he gave so little satisfaction to his people , that they rejected his sons , and elected canute : who did solemnly swear to them , quod & secundum deum & secundum seculum fidelis esse vellet eis dominus ; as the monk at vvorcester , and those that follow him . yet it is also agreed , that the citizens of london , & pars nobilium , did elect edmund ironside ; and that the kingdom was also parted between these two , by consent of parliament : and ( beside the croud in the road , ) the laws of the confessor do assert that agreement to the parliament , universis angliae primatibus assensum praebentibus . edmund lived but a few months to interrupt canute , who was then received by consent of all : iuraverunt illi quod eum regem sibi eligere vellent ; foedus etiam cum principibus , & omni populo ipse , & illi eum ipso percusserunt , as old florence , and hoveden , besides the saxon chronology ; and the abbot of croyland hath it thus , omnium consensu , canutus super totam angliam coronatus . of his parliaments and their good laws i spake before , and of their oath to the kingdom much might be added : and besides all historians , fleta speaketh of his brief or writ , sent to the pope , and of his church-seed , payed ( as he saith ) sanctae ecclesiae , die sancti martini , tempore tam britonum quam anglorum , lib. . cap. . harold came after , consentientibus quam plurimis natu majoribus angliae : as wigornensis and hoveden : electus est in regem , fuit n. magnum placitum aput oxenford , & elegerunt haroldum , as we read in huntingdon , and matthew of westminster . but harold being dead , proceres ferme totius angliae , legatos ad hardicanutum bricgae mittentes , rogaverunt illum ut angliam veniret & sceptra regni susciperet . and afterward , gaudentur ab omnibus suscipitur ; and huntingdon addeth , electus est : but he did nothing worthy of their choice , and so became odious . : e're long , we find him swooning at lambeth , in the midst of a wedding jollity , and soon after expiring . edward the confessor succeedeth by election . paruit edwardus , & electus est in regem , ad omni populo . and florilegus addeth to huntingdon , that annuente clero & populo londinis , in regem eligitur : as before them both , ingulph , omnium electione in edwardum concordatur . his elder brother elfred stepping in between the death of harold and hardicanute , compatriotarum perfidia , & maxime godwini , luminibus orbatus est ; and little less than famished ; godwin excuseth himself by the kings service or command , but it would not acquit him , though he bestowed costly bribes . edward can hardly dissemble it ; godwine rageth , flieth out into rebellion , and is banished ( it seems ) by parliament : e're long , he returns again , presuming on his great friends and alliance ; but in parliament the king appeals him of his brothers death , which godwine denies , and puts himself upon the parliament , as did the king , saying , that they had heard his appeal , and the earls answer ; and it remained that they should do justice , and pronounce judgment . it was in debate , whether a subject might combat his prince upon appeal ; but at length the quarrel was composed by the parliament , ( till godwine curseth himself , and is choaked , as his lands swallowed in godwins sands , ) of which old wigornensis and hoveden , with malmsbury , huntingdon , florilegus , and divers others , but especially aornalensis , and mr. seldens titles of honour . that king edward named the duke of normandy for his successor , is affirmed by some that follow the abbot of croyland and malmsbury ; but the monk of worcester asserteth harold to be chosen by the king and parliament , to be his successor : quem rex successorem elegerat , à totius angliae primatibus , ad regale culmen electus : as roger hoveden ( in the same words . ) and the monk of malmsbury confesseth , that angli dicant a rege concessum , &c. adding also , that harold excuseth his breach of oath to the norman ( in which all agree ) by saying , it was presumption so to swear or promise the succession to the crown , without consent and act of parliament : absque generali senatus & populi conventu & edicto ; or , absque generali consensu , as matthew paris , and westminster express it ; but what in them , is tanto favore principum , as in malmsbury , and the continuer of bede : tanto favore civium , regendum susceperit . of william the norman much in the militia , much yet to be added for his election , and the peoples free consent against his conquest . londonias eum episcopis plurimis petit , & laetanter receptus oranterque rex conclamatus . so , the abbot of croyland living at the time , which malmsbury expresseth thus : londoniam petit , moxque cum gratulatione cives omnes effusi , obviam vadunt ; prorupit omnibus portis unda salutantium auctoribus magnatibus : ita angli , qui in unam coeuntes sententiam potuissent patriae reformare ruinam , dum nullum ex suis vobebant induxere alienum . huntingdon thus , susceptus est à londiniensibus pacifice , & coronatus . matthew paris and florilegus thus ; in magna exultatione , à clero & populo susceptus , & ab omnibus rex acclamatus . gemitivensis addeth , that ab omnibus proceribus rex est electus , & sacro oleo ab episcopis regni delibutus , as walsingham in his neustria . wigornensis telleth us , that before his coronation he did solemnly swear , coram clero & populo , se velle sanctas dei ecclesias & rectores illarum defendere , nec non cunctum populum juste regere , rectam legem statuere & tenere , &c. so also doth hoveden . matthew paris , in the life of frethrerick abbot of st. albans , sheweth how free the norman found our ancestors : iugum servitutis à tempore bruti nescientes , & more normanorum barbas radere , ( which they note in caesar also of the britains ; ) and concludeth , that pro bono pacis , he did solemnly swear to observe their old laws ; bonas & approbatas , antiquas leges , quas sancti & pii angliae reges , ejus antecessores , & maxime rex edwardus statuit , inviolabiliter observare ; ( the like phrase we find in ingulph of the same laws ) which was some repetition of his coronation oath . some affirm that he refused to be crowned by canterbury ; but neubrigensis telleth us , that he sought it of him , tyranni nomen exhorrescens , & legitimi principis personam induere gestiens ; but canterbury denied to lay on his hands , viro cruento & alieni iuris insavori . then he complyed with york , and bound himself sacris sacramentis , pro conservanda republica , &c. it might also be added , that if k. edward might dispose the crown as his own fee , yet by the common-law , or statute of calcuth , he could not dispose it to a bastard ; as k. william is expresly called in the letters sent to the pope , from the parliament of lincoln , in eward the first , besides his own charters , and of attempts to legitimate him , ( that so he might succeed by common-law : ) see the comments on merton in the second part of institutes , and of the laws of norway before . but in the old book of caen , we may find k. william on his death bed , wishing that his son might be king of england , which he professed he neither found or left as inheritance : neminem anglici regni constituo haeredem , non enim tantum decus , haereditario iure possedi . that k. william the second , k. henry the first , and k. stephen came to the crown by election , without right of succession , is so much agreed by all , that it were vain to prove it . their elections and their oaths , are every where among the monks and good historians : so also of henry the second , and rich. the first . but in k. iohn's coronation we are brought beyond dispute , in full parliament , of archshops , earls , barons and all others , which were to be present ; the arch-bishop stood in the midst and said , audite universi , noverit discretio vestra , &c. it is well known to you all , that no man hath right of succession to this crown , except that by unanimous consent of the kingdom , with invocation on the holy ghost , he be elected from his own deserts : lectus & secundum morum eminantiam praeelectus , &c. but if any of the last kings race be more worthy and better than others , his election is more proper or more reasonable : pronius & promptius in electionem ejus est consentiendum : as it now is in earl john , here present . nor was any one found that could dissent , or oppose what was so spoken ; for they all knew it was not without much reason and good warrant from their laws and customs ; scïentes quod sine causa hoc non sic definiverat : for which matthew paris , or wendover , may be compared with hoveden , westminster , and others of those times . which seemeth most rightly to state the nature of succession , as it was in this kingdom . so that all did amount but to this , that if a king had such children , so qualified , and so educated , that they were above others in vertue , wisdom , and true worth , ( or at least , caeteres pares , ) they were the most likely candidates for the crown . but as we found before among the iews , in the strictest succession , where the crown was especially tied to the house of david ; yet their great sanhedrin had alwayes the power and right to determine of the claims , interests , deserts and vertues of heirs , or all pretenders : so if here we allow not such a legal power of judging of claims or titles , to be placed somewhere or other ; our ancestors did leave the crown at a more blind uncertainty than in all other things they were accustomed , from the law of nature and right reason . i might add the formal of coronation , joyned to the irish modus of parliament , under the great seal of henry the fourth , where we read : electio à plebe ad regem , ut consecretur ; postquam ad idem iterum consenserit ; and again , electum interroget metropolitanus , &c. how our allegiance was of old , tied to the kings person , not to his heirs nor to his person but together with the kingdom and the laws and rights thereof , hath been observed already . much i might add of latter times , nay , that very statute of henry the seventh , which of late was pressed for the king and his militia , or taking arms with him as allegiance required ; doth expresly declare our allegiance to be to the kingdom with the king ; and that by such allegiance , men are tied to serve the king for defence of him and the land. and for the kings heirs , i find them not in our allegiance . yet the statutes of edw. . are punctual in expressing the kings prerogative , or rights of the crown ; but where is provision for his heirs ? in eward the third , the iudges oaths were made , and stand among the statutes as enacted by parliament , ( although i do not find it so upon the rolls ; ) and there is a clause against consent to the kings damage or disherison : so also it is in the oaths of divers in the courts of justice , as of masters of chnacery , with the kings serjeants , or councel at law , and others ; but not so by parliament . see the third part of institutes , cap. . yet our old allegiance did forbid disherison or damage , but with limitation , as we shewed before . the late oaths of allegiance in king iames , and of supremacy in q. elizabeth ( taken by parliament-men and divers others , ) are to the kings person and his heirs and successors , with particular relation to defence of the crown and dignities thereof : which is remarkable , and that which may seem to excuse some , in not assenting to others which are not so obliged ; and yet it is thought by some , that the main or onely meaning of those oaths , was against rome or forreign enemies : for which also a declaration in the queens injunctions may be considered . but in all cases of real scruple , i cannot censure any that ( in a quiet humble manner , seeking peace and truth , ) followeth his conscience till it is rightly informed . in the quarrels of york and lancaster , there was an act ( in henry the fourth ) to entail the crown upon the kings issue , of which four are there named : but in henry the eighth , the parliament declared the succession to the crown not yet settled or cleared enough ; and then it was entailed again , and for lack heirs male , upon elizabeth : but this again repealed in mary ; and again in elizabeth and iames. how much or how little these annulled the common-law , i must submit to others : lest upon debate , i should be forced to yield it might be possible for future parliaments to reduce succession to election , as justly as some late parliaments did turn the common-law of election into such or such a succession ; which can only stand by statute ; if it be true ( as all tell us ) that there was no entailed inheritance but by statute-law , since the second of westminster , of which before . how little power kings had over their crown or kingdom without consent of parliament ; ( besides all that is said already , ) might be further cleared from the acknowledgments of kings themselves , below the time of the conquest . in the conquest , about investitures , k. henry the first wrote to the pope , that he could not diminish the usual rights and dignities of the crown or kingdom ; and that if he should be so abject as to attempt it , his parliament would not permit it . optimates mei & totius angliae populus id nullo modo pateretur . in the great moot of scotlands dependance upon england , edward the first confessed as much to another pope ; to whom also the parliament ( both lords and commons ) wrote , that they they were all obliged by oath to maintain the just rights , liberties , laws and customs of the kingdom ; ( where we may see their oath of allegiance to the kingdom , ) that nothing should be acted against them , in exheraeditionem iuris coronae , & regie dignitatis , ac subversionem status ejusdem regni , nec non praejudicium libertatum , consuetudinum & legum paternarum . these are on the rolls , and printed on the statute of merton , and in walsinghams edward . and the surveigh of normandy . and from other records of the same king , we learn that when the pope demanded the grants of k. iohn , he answered , that he could not do it , without consent of his parliament : sine praelatis & proceribus regni ; being tyed by his coronation oath to keep all the laws and rights of the kingdom , illibati ; and to do nothing that might touch the crown without their consent . which may be added to that before in st. edwards laws , of the kings oath , to do all things ritè , per concilium procerum regni . when the king of france demanded homage of k. edw. the third , he desired respite , till he had the advice of his great council , ( as we may read in froizard ; ) because he could not act without them in such great affairs . and when the pope demanded homage of the same king ; he referred it to parliament , who adjudged and declared , that k. iohns grants to the pope , were unjust , illegal , and against his coronation oath , being done without his parliaments assent or counsel : and yet k. iohn's charter ( to the pope ) in matth. paris , doth pretend it done communi concilio baronum . and about stephen langton , the same k. iohn did write to the pope , that he could not depart from the liberties of his crown , but would , or should defend them to his death : and hence began the great excommunication , which begot a confiscation of the church revenues ; & hinc ille lachrymae , which could not be stopped , till the crown did stoop to pandulph ; which might have excused the poor hermit , peter , from being so cruelly dragged from corf● ▪ castle to warham . but when the same king felt his arms loose , he laid about him so , that all believed he meant to strike . in that meen the arch-bishop told him , it was against his oath , to raise or make war without the consent of his great court : si absque iudicio curiae suae , contra quempiam bellum moveret , to be added to the militia : but the fire was already kindled , and the smoak or flame brake out at nottingham . i must not touch the barons wars , except i had leisure to discourse and discuss them freely : only , as we found our great charters , made up of old laws and customs ; so i might now also clear it more , that it was not a new fetter on the king to have some supervisors set about him , for to order all his actions ; who , by his coronation oath , was tied to do nothing touching the kingdom , but with advice and consent of the great council ; per concilium , & per iudicium procerum regni . that it was so also among the britains , to all observed before , i might add , the old scottish custom of choosing twelve peers in parliament to be the kings tutors , as we may call them ; for by them the king must be wholly governed ; quorum concilio rex regnum gubernare debebat , as we may read it in walsinghams edward . besides their own chronicles ; that i say nothing of the twelve brittish peers , of which cambden in siluribus . we need not much wonder at the writs in k. iohn's time , requiring all men of all conditions to oblige themselves by oath , to maintain the great charter , and to compel the king thereunto : et quod ipsum regem pro posse suo , per captionem castrorum suorum , distringerent & gravarent , ad praefata omnia exequenda ; when as this very clause was in his charter ; et illi barones , cum communa totius terrae , distringent & gravabat nos , modis omnibus quibus poterunt , scilicet per captionem castrorum , terrarum possessionum , & aliis modis quibus potuerint ; donec fuit emendatum secundum arbitrium eorum . which may be added to that before of our allegiance , or oath of fealty to the king with the kingdom , and of the kings oath to be guided by the judgment of his great court. nay , as if k. iohn's salva persona , n. & reginae n. & liberorum n. had been too loose ; in k. henry's charter it was expressed thus , licet omnibus de regno n. contra nos insurgere ; nay , and to do all things , quae gravamen nostrum respiciant , ac si nobis in nullo tenerentur . these times seem not to attend our grand maxim of state , the king can do no wrong ; or at least they understood it not , as some late courtiers would perswade us : yet it is true , he can do nothing but by law ; and what he may by law , can do no wrong : and if he do against the law , his personal acts , commands , or writing , do oblige no more than if they were a childs : and the books call him an infant in law ( though his politick capacity be not in nonage ; as the parliament declared in edward the sixth ; ) which is not to exempt him from errors , or to excuse his crimes ; but to shew that he must be guided by his council ; and that his own personal grants or commands cannot hurt any more than an infants ; which may be reclaimed and recalled by the council of the kingdom . so the mirror saith , the king cannot grant a franchise to prejudice his crown or others ; because he holds his right and dignities but as an infant , cap. . sect. . if i should say , the commons in parliament are and were the kingdoms peers ; as well as the lords , i might vouch an old authority , as good as the ancient modus of parliament , which doth often call the commons , peers of parliament , as well as the lords . so , debent auxilia peti pleno parliamento , & in scripto cuilibet graduum parium parliamenti ; & oportet quod omnes pares parliamenti consentiant ; & duo milites pro comitatu majorem vocem habent in concedendo , & contradicendo , quam major comes angliae , &c. so in doubtful cases of peace and war , disputetur per pares parliamenti : and if need be , twenty five shall be chosen de omnibus paribus regni ; which are so specified , two bishops , three proctors , two earls , three barons , five knights , five citizens , and five burgesses . and again , omnes pares parliamenti sedebunt , & nullus stabit , sed quando loquitur , ut omnes audiantur à paribus . and again , nullus solus potest nec debet recedere à parliamento sine licentia regis , & omnium parium parliamenti , & hoc in pleno parliamento ; ità quod inde fiat mentio in rotulis parliamenti . it may be possible , that bracton and fleta with others , may use the phrase pares , in such a sence ; when they say , that the king or his commissioners should not judge and determine of treason , but pares . which may be added to the th of edw. . reserving treason to parliament , where of old , it seemeth only determinable ; so that the mirror would not have it endicted , but by accusation and in full parliament , as in king edmund's time , &c. cap. . sect. . and in edw. the d it was enacted , that offences of peers , and great officers , and those who sued against the laws , should be tryed in parliament . and although now the phrase be given to all the lords of parliament , yet it was most or only proper to the earls , whom by law and custom the king styleth consanguineos , and he might style them his peers or companions , as in latine comites . so bracton , comites dicuntur quasi socii regis , & qui habet socium , habet magistrum ; and in another place , a societate reges , enim tales sibi associant ad consulendum & regendum populum dei ; and the like is in fleta , comites à comitiva dicuntur , qui cum viderint regem sine freno , frenum sibi apponere tenentur , &c. which is also in bracton . the mirror is yet clearer , although the king had no equals , yet because himself or his commissars might not be judge , it was provided by law that he should have companions to hear and determine all his torts , &c , aux parliaments , and those companions were called countees , ( earls ) from the latine comites . so also sarisberiensis ( cited before ) in hen. . comites à societatis participatione dici quisquis ignorat ignarus est literarum , &c. some will have them , comites & socii in fisca , because of old , some earls had a third part of profits accrewing by pleas and forfeitures in their counties , as the laws of the confessor , and mr. selden in his comes ; but he will also grant their name à comitiva potestate , rather than from such communion of profits . that the old sheriffs also , who were vice-comites , did come to parliament , appeareth in the ancient writs and histories ; and yet the barons seem to be the kingdoms iudges , and the present earls may seem to sit in parliament but onely as barons , who are now all peers and lords and parliament . but although the lords were the great iudges of the kingdom , and of all members thereof , yet it is well known , that in full parliament , as old as edw. . they did not only acknowledge , but protest that they were not to iudge the commons in cases of treason and felony , being not their peers . how it was in rich. the second , may be seen at large in the rolls and records now printed : in edward the second the commons proceeded by the judgment of the lords , for which also the fructus temporum cited before , may be added to all in the road. appeals and writs of error were from the king to the lords , in ecclesiasticals that touched the king , they were to the spiritual prelates , abbots and priors of the upper house , by act of parliament in hen. . till which it may be temporal lords had also cognizance of such as well as temporals . and writs of error in the parliament were judged by the lords , for they came from the kings court , his bench or his exchequer ; and if errors had been in the common pleas or below it , they should not be brought into parliament , but to the kings-bench , and from the kings-bench , as from the king ( not otherwise ) they came to the lords ; and although there was a formal petition for removing the record from the king ▪ it was but of course , and the king could not deny it . which we found granted by all the old lawyers and historians , ( as i shewed before ) and by the grand master and patron of law , king edw. . in britton , because none may judge in his own cause , therefore in causes where our self shall be party , we do consent , que n. court soit judg sicome counts & barons in temps de parliament . in the laws of hen. . one of the chapters beginneth thus , iudices sunt barones comitatus , qui liberas in eis terras habent ; for in those times barons were by tenure only , not by patent , ( that i know ) till beauchamp of holt in rich. . nor by writ ( that i can find ) till the barons wars , but k. johns charter , is to summon comites & barones regni majores sigillatim per literas n. but all that hold in capitae , by general summons forty days before the parliament , and that negotium procedat ad diem assignatum , secundum consilium eorum qui presentes fuerint , quamvis non omnes submoniti venerint ; and the summons of delinquents or suitors in parliament , was to appear and abide the judgment of the court , not of the king , but of his court , for the king is father and not judge of his people , in his proper person , as was shewed before ; and all the books agree that he must commit his jurisdiction unto judges in the courts of justice , and when he might assume great offices into his own hands , by parliament in edw. the third , all judges were expresly excepted , and the judges oaths , and several acts of parliament require them to proceed according to the law , notwithstanding the kings command or seal against it , and the register affordeth a writ to supersede or revoke any such seal from the king himself to any of the judges . and the lord chief justices , as the lord chancellor and treasurer were chosen by the kingdom , as we found before in the time of hen. . how much more then should the lords of parliament be made by parliament ? for else they be the kings commissioners . so the roman saith , our german fathers chose their lords in common council , to be judges , in iisdem conciliis eliguntur & principes qui jura reddunt . de minoribus consultant principes , de majoribus omnes . and caesar also observeth , that their princes ( or lords ) were their great judges ; sed principes regionem atque pagorum inter suos jus dicunt , controversiasque minuunt . yet tacitus will also tell us , that with those princes they did joyn commons ; centeni ex plebe comites ; which were ( perhaps ) the fathers of our county hundreds . and in k. williams edition of the confessor's laws , when he inclined so much to them of norwey ; universi compatriotae regni , qui leges edixerant , came and besought him not to change their old laws and customs of their ancestors , because they could not judge from laws they understood not ; quia durum valde foret sibi suscipere leges ignotas ; & judicare de eis quas nesciebant . how it was in parliament , while there were only barons by tenure , would be more enquired . but of later times , commons have adjudged commons , and have joyned with the lords in adjudging lords ; of which there are divers cases cited , in the fourth part of institutes , cap. . pag. . it may be considered , that many kingdoms , and common-wealths ( that were not kingdoms ) in all ages did consist of three estates ; ( as of three principles in nature , or bodies natural ; ) which might occasion the phrase of tribe , in many other besides the romans : who in three estates , were not so ancient as the grecians or aegyptians ; that i speak not of the gauls , britans , or the eastern nations . and if any would observe , it might be possible to find the prophets hinting a trinity in divers kingdoms or estates ; and that not only for moulding , but for overthrowing them : besides the three captivities , or three overturnings of the iewish state ; and the three blows of the goat on the ram in daniel ; as alluding to the three great battles which did break the persian empire . and why may not the sacred trinity be shadowed out in bodies politick , as well as in natural ? and if so , our three estates may be branched as our writs , into original , iudicial and executive ; as shadows of the being , wisdom , and activity divine . if i may not grant , yet i cannot deny original power to the commons ; iudicial to the lords , executive to the king ; as the spirit to the body , or if you will , the head ( or fountain of sense and motion ; ) but he must see by two eyes , and hear by two ears ; as i touched before , yet his very pardoning although it be by law much limited , ) doth seem to speak his power executive : and so his writs do speak aright ; because my courts have so , and so judged : therefore i do so , and so , command the judgment shall be executed . and if any will assert the militia , to this power executive , i shall also grant it to the king ; so that it may be alwayes under the power original and judicial . this might belong to the lords , and that to the commons . and the plain truth is , i do not find more arguments to prove the judicial power to belong to the lords , than i do for rhe legislative in the commons : and ( as it seemeth to be above , so below also ) it may be much disputed , that the legislative , judicial and executive power , should be in distinct subjects by the law of nature . for if law-makers be judges of those that break their laws , they seem to judge in their own causes : which our law , and nature it self so much avoideth and abhorreth . so it seemeth also to forbid both the law-maker and iudge to execute : and by express act of parliament , it is provided , that sheriffs be not justices , where they be sheriffs . but if execution be alwayes consonant to judgment , and this to the law ; there is still most sweet harmony , and as i may say , a sacred unity in trinity represented . that the commons should have most right to the power original , or legislative in nature ; i shall leave to be disputed by others . i shall only touch some few particulars , which have made me sometimes to suspect that by our laws , and model of this kingdom , it both was and should be so . how the roman historian found the judicial power given to the lords , by our old ancestors , i did observe before ; he is as plain for the legislative in the commons : nay , to the lords themselves , he saith in judging was adjoyned a committee of commons , both for counsel and authority : ex plebe comites , consilium simul & authoritas . and again he sheweth , how the lords did sit in council , about the less affairs ; but of greater , all both lords and commons : so also that those things which the commons did determine , quorum arbitrium penes plebem , apud principes pertractentur ; they should be debated with the lords , for their advice , but not their legislative votes . and the mirror ( a good comment on tacitus , in this ) sheweth how our lords were raised out of the commons ; and giveth them a power judicial , but where is their ligislative ? nay , the modus of parliament will not only tell us , that the commons have better and stronger votes than the lords ; but that there may be a parliament without the lords , ( as well as prelates : ) for , there was a time in which there was neither bishop nor earl , nec baro , ( so the irish modus ; ) and yet there were parliaments without them ; but never without the commons . so that if the commons be not summoned , or for cause reasonable , cannot , or will not come , for specialties in which they blame the king ; parliamentum tenebitur pro nullo , quamvis omnes alii status plenarie ibidem interfuerint . and the kings oath is to confirm the just laws which the commons ( not the lords , but commons ) shall elect or choose ; quas vulgus elegerit ; so in latine , and in french of edw. . and edw. . les quiels la communante aur ' eslu : and in english , of hen. . and other times , which the commons of the realm shall choose . and if we look into the old writs of summons , we shall find the commons called , ad consentiendum & faciendum ; and the old writ addeth , quod quilibet & omnes de comitatu , facerent vel faceret , ii personaliter interessent : ( as it is in the modus of parliament , ) with sufficient intimation that without the commons nothing could be done , which the late writs express thus : ita quod dicta negotia infecta non remaneant , pro defectu potestatis , &c. but the lords are called , de quibusdam arduis tractaturi , & consilium impensuri ; only as counsellors , not as law-makers : for the very same words are in the writs , for the judges and others coming to parliament , although they do not vote in making laws . this may also shew us , how the lords themselves did elect the knights of shires , ( and by statute of rich. . are to contribute to the charges of the county knights ) who were to sit and vote in parliament as law-makers for the whole county : whereas the lords were there but as judges , and the kings counsellors . and is it probable they should retain to their own persons that for which they delegated others ? who were there to do , quod quilibet & omnes facerent personaliter , even all that all the lords themselves should do as freeholders , not as lords or the kings patentees , who might so be his councellors or iudges rather than law-makers ; this was more left ( it seems ) to the commons , who for this and other reasons should not be common iudges ( as i think ) in private causes or of private persons , but of iudges , or of such as the mirror speaketh , of whom elsewhere there was no common justice to be had . but if the lords had not a legislative right , why did the commons send up the bills to them ? how came the lords to joyn with the commons in passing of acts ? it cannot be expected that i should shew the original of all changes or distempers in this kingdom ; it is work enough to shew our first mould or constitution : yet for this also it cannot be doubted , but the barons wars and power might gain upon the commons more than on the king ; he had such bounds before that he could hardly be obliged more , or capable of granting much , but what was due before to all his people : but it might be easie for the potent lords to grow upon the commons in the name of barons . in that name i say , for i cannot determine but the old barons ( being the great freeholders and the lords of all the manors that have left their names in our courts baron , ) had by law and reason much more power than had the kings patentees , created barons by patent or writ . but this new creation did but multiply the iudges or the kings councellors , for by so taking their commission from the king , they were only as other judges in inferiour courts , and so did really lose their great power of iudging , which was proper only to those who were the kingdoms peers and iudges . so that these lords did justly admit the commons ( or rather were admitted by the commons ) into the grand iudicature ; and it may be that as the barons did communicate their power iudicial , so the commons might communicate their legislative unto those who had the name , but little of the nature of the old barons by tenure ; yet by so doing they might bring confusion or an harsh discord into natures harmony . but the main occasion seemed thus , the king was tyed by his coronation oath to hold , keep and defend the just laws and customs chosen by the commons ; iustas leges & consuetudines quas vulgus elegerit ; and this limitation ( of iust ) seemed to admit of reason or debate , so much as might convince the laws required to be just , for else i know not that the king was ever tyed to them . and because he was or might be an infant , he had still a great council about him to discuss the laws proposed by the commons ; and for this cause he did , and by reason might summon the lords , ( or any other wise and good man he knew , ) to come and give him counsel , as the writ speaketh to the lords and iudges , &c. de quibusdam arduis nobiscum tractaturi & concilium impensuri ; so we find the old acts passed per consilium baronum , as we might shew in all ages . and because he used to demurr at bills , till he had the advice of his great council ; hence it may be ( for more compendium , ) the bill was sent up first to the lords , as the kings counsellors , and if they counselled him against it , then he answered , le roy s'avisera , the king will yet be farther advised ; for he did not , and i think he could not give a denyal , nor of old ( perhaps ) demurred , till the lords advised him against it . i dispute not how much the commons might oblige the commons without assent of lords or king ; nor have i yet said , that in the coronation oath the commons just acts are called laws , and to mould them may be works distinct enough ; and the plain truth is , his oath is to hold , and to keep , and to defend the commons laws , ( à tenir & gardir & les defenderer , per se tenendas & protegendas , ) as well as to grant or to confirm . however , i do not see , either by reason or law , that the king was so obliged to the judgment of his own created lords ( and there be few or none others left in england ) that he might not be convinced by the reason of the commons , either without or against the lords . and ( beside divers ordinances without any of the lords , ) it cannot be denyed , but in divers ages , there were acts of parliament made without or against all the lords spiritual ; which yet , often , were the major part of the lords house , and had as good , it may be better , votes ( as barons by tenure ) than had all the other lords , by writ and patent only : which might make them judges or councellors , much rather than law-makers . i should still be far from desiring to obtrude my own fancies or opinions upon any , least of all to the wrong of others : therefore , if any can produce a better title , my petition is , they may be heard , and may receive their just rights and priviledges . but if this be true , ( which i now only propose , and submit to better thoughts and judgments , ) then had the lords of late but a right consultative of making laws . and besides all that was said before , this seemeth one reason , why our ancestors did so willingly follow the vice of nature , in placing the power legislative , iudicial and executive , in three distinct estates , ( as in animals , aerials , etherials or celestials , three regions , and three principles in naturals , ) that so they might be forced to consult often and much in all they did . and if this frequent consultation were retained , and observed still , it might not only occasion good reviews , but also prevent that , which to the common-wealth i fear ( and not alone to private persons ) may be sometimes prejudicial , in a sudden vote or act of one house , or one body ; and yet one may be better much than many , if they be not good . it must be granted , that in bodies of the best complexion and composure here below , there may be such distemper , and such gangrene in some members , that it may be more than fit to cut it off . nay , what was best , may come to be the worst in putrefaction ; that it may be meer necessity to bury it , although it were as dear as sarah was to abraham , or set on high by him that raised up the brazen serpent , which see e're long lye buryed with this epitaph , nehushtan . and to all that is truly just , the commons of england will not need to plead a bare necessity ; for by law and reason too it may be said , and proved ( i believe , ) that both the king himself who chooseth by his writ , and all the lords , by several votes , have left the legislative power so to the house of commons , that they had a legal right to do what all the kingdom and common-wealth of england justly could . but they are men , and therefore may be much unjust ; nay , where the thing they do is iust , they may be much or most unjust . i have neither calling nor ability to judge them : nor may i act with force against them , for whate're i think unjust : no , not if i should think they did usurp the crown . for , if the law reports and books deceive me not , it hath been judged treason , and so is ; for private men to rise , conspire , or levy war against one that usurps the crown and rights thereof ; except it rightly were declared usurpation , or that others should or might oppose him that did so usurp : of which the reasons may be great and obvious . let me then suppose any one man of all the commons in parliament , ( for i will not suppose it possible for all the house ) to usurp the royal crown , with all its dues ; what should i , what may i doe , but mind my calling , and attend the judgment of the highest court , i know ? that may command my body , and my judgment much ( for ought i see ) in things i know so little , as i do or can , the due disposal of the crown , or that mighty burthen , or that royal venom , as the roman emperor did call it . i did , and still do , believe there may , and shall , be such a monarchy ere long , t●●●ugh all the world ; that i shall gladly bow , and stoop , and bear the yoke : for , it is easy , and the burthen light . i hope and believe , or know that god will come , and appear , ere long , to dwell in the world : for , the earth shall be full of his glory , and his kingdom shall come , and his will be done , on earth , as now in heaven , so , we were taught to ask ; and it therefore shall be fully answered . i could desire him rather ( if he pleased ) in the still quiet voice , then in the rushing wind , or fire , or thunder-claps : yet so , he came before , and shook the earth : and so , it seems again ; yet once again to shake both heaven and earth . overturning , overturning , overturning , ( for there also were three , ) till he comes , whose right it is ; to whom , both kings , and lords , and all must bow , ( or be bowed , ) to submit , and cast down their crowns , their coronets , and all their glory . the earth shall reel and fall , and rise no more . for , he will visit the host of high ones , that are on high ; and the kings , of the earth , upon the earth , they shall be taken , and cast into prison , shut up in the pit , and shall be visited , or wanting . nay , he will darken the sun , and confound the moon , and make the stars to blush ; before he reigneth in glory , among his antients , in jerusalem . his tabernacle then , shall appear again , and rest among them : but babylon must first be pulled down . we may deceive our selves , in chayning babylon to any town , or city , whatsoever : although one it may be , more especially . but babel was the head of nimrod 's kingdom ; whence tyranny did stream through all the world. for , although the out-lets of euphrates , be ( long since ) stopped , in the fenns of caldea : yet , there is another rapid torrent , tygris , which from babylon disperseth much confusion , ( troubled waters , ) into all the seas about . nor may it wholly be unworthy of our thoughts , how babylon was alwaies the beginning , or the head of tyranny , through all this world. but fatal still , to most that did but touch it . so to nimrod , the great bell of babylon , and the assyrians . sardanapalus might effect an end , so like to belus ; who was burnt ( some think ) with fire from heaven . so , that a statue , was made of him , who left no relique : and from hence , began idolatry . so to nebuchadnezer , and the babylonian monarhcy : when the watchers saw him , strut and say , is not this my babylon ? the story of this , and of its loss to persians , is so clear , in sacred writ ; that i need not enlarge it from iosephus , the true berosus , megasthenes , herodotus , xenophon , or any later . though it be also very considerable among those heathens . and so , is that famous ruine of senacherib , whom esay maketh a type of all the churches carnal and spiritual foes : insomuch , that from him , rather than egypt , st. iohn's binding of satan , the old dragon , the crossing serpent , seemeth borrowed . the persian empire , did begin from cyrus , taking babylon . it 's pride and tyranny , did much encrease ; then , when darius won this babylon again . but neither cyrus , nor cambyses , darius , nor xerxes ; ( or any other persian monarch , ) could much prosper , in ought of consequence ; in scythia , greece , or other places ; after they were stained , or cursed , with babylon . the macedonian , was succesful very much ; but not accounted , any of those monarchies , till alexander lost himself , by gaining babylon . 't is strange , how great a change it made in him ; that then became , a cruel , lustful , and licentious tyrant ; stay but a while , and you shall see him lose both life , and monarchy , at once , in fatal babylon . philip was very young , but old enough to be the father to a famous grecian epocha ( which used in the machabees , and many others , ) first began in babylon ; ( as nabonassors's also , long before . ) the character was red , and dyed , with the blood of all that family . seleucus , durst not call himself a king , till well possessed of babylon : from whence began the kingdom of the north which was , ( in daniel ) to wrestle , with the south or aegypt ; till the ships of chittim , made him afraid ; and proud antiochus was glad to bow , and speak the romans fair , before he could be freed from his circle ; though it were , but made in sand , by a riding rod. babylon was fatal to the romans also : for , so far they prospered still , but never over , or beyond the streams of babylon . charan was tomb to crassus's army , as before to terah : nearer much to ura , ( found in divers , ) then to urchoa , with ptolomy . much i might speak of parthians , persians , saracens , turks . these seem as angels , bound beyond euphrates ; but being loosed , and possess'd of babylon , their tyranny was divilish . now it is , ( or rather is not , but poor bagdad ) in turkish hands , most times ; except an army of locusts , ( 't is remarkable , ) appear as harbengers before the persian . but his sun must be eclipsed , with the turkish moon , before the glory of ierusalem . but to return to babylon , while romans kept the scene , they acted well ; but 't was a tragedy , for some have thought they brought more shame and sin , and tyranny , from all the coasts of babylon , then brass from corinth , or antiquities from greece . thus babylon was buried in rome , but rome is ruined by babylon . edom and babylon run parallel , in judgment ( through the prophets , ) and the iews were plain enough , in saying , or in proving , who is edom , in this western world. this edom , did give name , all say ( since learned fuller wrote his miscellanies ) to the red , or rather , the reed sea , but this may be doubted ; and the rather , ( with other great objections ; for it is scarce a drop , to that the antients call the erythrean sea , or mare rubrum ; never belonging unto esau : ) in that edom will hardly be found , to denote red. a great master of the arabick , and other kinds of learning , in cambridge , mr. wheelock , did almost perswade me once that edom's name , is better sought and found , in arabick , where it may sound as much as eator , or a glutton : who did sell his birthright , for a mess of broth ; as adam ( the first glutton , ) sold his paradice , and all , for a little apple , or the like . this etymology , of edom , i could the rather believe ; because in tuscan , latin , and so many other tongues , edo , eso , esor , ( and the like words , ) do all signifie eating : and in other nations , the d , is only changed into t , its cousen germane . how edom came to be a type of rome , ( as the iews so constantly affirm , ) may appear in due place . this is very considerable , that among all other judgments threatned on babylon and edom , ( for they are equals in most ; ) this is one , and the chief of all , that they shall be perpetual desolations , and shall never return , or rise again , when they be fallen . tyre and sydon , might return again ; aegypt and aethiopia : for chush may reach to that also , from chusiana , on the banks of euphrates and tygris ; whence they passed through arabia , ( and there left their name also , ) cross the red sea. moab and ammon shall escape , from the last northern king in daniel ; and they shall return in the latter days ( a noted phrase . ) nay sodom it self , shall return and rejoice with her sisters , samaria , ( for ephraim in this also , seemeth to be the first born ; ) and with ierusalem the younger sister . so , spake the type also , when lot , and abraham's tennants of sodom were , ( in the fourteenth great year ) delivered , from the oppression and tyranny of all the four grand monarchies , of shinaar , or babylon ; of elam , or persia ; ellassar , ( the prince of ellas ) or greece : which three also , may lie in the heifer , ram , and goat , ( god's own emblems , of the three first monarchies ; ) which were divided , and broken about the dove , and turtle of abraham ; and the king of the gentiles , may typifie the roman empire : although i could yet believe , there may be more in it . antichrist , may seem to have two horns , one in the west , and christian temple : the other in the east , and jewish temple . ( edom and babylon ) mahomet did rise , about as bad a time , at rome , as hildebrand . but it may be , his horn must end in gog , and magog , ( whence the king of gogim , in genesis ; ) which is very probable to be alleppo , the turks greatest residence in asia , directly north to ierusalem : and of old , not only hierapolis , but magog also , in some antient heathen authors . but edom and babylon shall mourn and lament , in that eternal desolation ; while the whole earth , besides , ( so speak the prophets , ) shall rejoyce . the world must be renewed , the promise and the blessing to adam must not fail one tittle , nor could the flood ( or its worst causes ) disanul the grace of god , established so long before . nay , it was continued , confirmed , and inlarged , in the new charter to noah . the scripture is very observable ; although i dare not be too confident in ought of noah's blessing , or will or commands , found in the cave among the tuscan ( rarities much rather then ) antiquities . yet with much of those also there is more to be compared , then i have yet seen in lazius or berosus ( for annius may be excused , who found it with that title , ) but the book was written by a iew , if tsemack david do not deceive me . and the jews with much consent , expect this glorious change. both touching themselves , ( who never yet ( 't is thought ) possessed half their promised land , from euphrates to the sea , from lebanon to aegypt , nay , where ever their feet did tread ) and others also of the pious gentiles . to this day they shake their palms in triumph every way ( in their great hosanna ; ) in allusion to the psalms and prophets ; who say , that every tree of the wood shall shout , rejoyce , clap hands , and sing for joy. nor do they think the time far off , and that from better grounds perhaps , than is the old prediction in their zohar , which foretels their redemption should be upon , or about , the year last past ; to which they add somewhat they see , or have heard from their brethren of iuda in brasile : or of israel in other parts of america , which they cannot much believe ( till it be better confirmed ; ) although it be with many arguments asserted by a grave sober man of their own nation , that is lately come from the western world. it is strange , if it should prove true , and that which might regain some of esdra's credit , ( besides all of christ , and the iews long captivity , with their return about the ruine of the roman empire , whose twelve first caesars , with divers others , he describeth clearly ; ) in that also of the ten tribes passing through a river or strait , ( may it be the strait of anian ) in a long journey of many months or years , to a countrey not inhabited . it is also remarkable , that such good authors should relate the traditions of the mexicans , or others in those parts ; coming a great journey , with an ark carried before them on mens shoulders , with their god therein , and what others have observed of circumcision found in some of those parts : with other rites of tribes , heads of tribes and families , with some pretty ceremonies of marriage , funerals , and washings ; not altogether unlike the iews , or israelites . however , it seems they left many of their brethren behind them in asia , though it must not be in tartary . the world will not admit of it of late , although it was very current a while , in dan and naphtalim , mount tabor , or i know not what , in ortelius and others . but millions of them , are still found in persia , and other parts of asia , though i give no credit to their kingdom in caramania , or elsewhere described or feigned by benjamin , the jew in eyre . yet with him must be condemned ( if he lies in all ) some of our own , that have travelled in those parts . not only master herbert , who hath many considerable passages ; besides that of a mighty high peak of taurus , for ararat , not very far from the caspian sea ; which he saith the inhabitants do still , to that day , call the descent from the ark , which would much have pleased sr. walter raleigh , and other learned men , that would not have noah come out of armenia ; though so many heathens also do record it thereabout . but to return to the iews , and their return ▪ it is so clear , and so full in the scriptures ( both old and new ) that i need not seek it in the apocrypha , where yet are many predictions of it clear enough , especially in tobit . i mean the old hebrew tobit , brought from the east ; for that we have is broken and imperfect much , being only taken from a iew 's mouth , that translated it to ierome ; as himself confesseth , if i forget not . all the prophets speak clearly of it ; but ionas , that of him we have , was but a second prophecy , which , besides all the iews , somewhat in his own words doth intimate : and we need no more ; for , in the kings we find ionas's prophecy for israel's , ( even israel's ) restoration , which is there also carried up to moses's song ( cited also in ezechiel , besides other prophets ) as that which is clear enough for what we speak . so is moses also clear , that great troubles shall befal them in the latter days : that is , in the time of the messiah , as they all confess ; for so they still interpret the phrase . and to this place , with others , they refer their afflictions , under messiah ben ioseph . whom ( i hope ) they begin to think already come : although ben david do not yet appear to them , but moses addeth , that the gentiles should also rejoyce with his people israel . for he would again be merciful to his people , and his land , and so that song endeth ; which was to be kept and considered , in the latter days , or time of the messiah . abraham was first told his seed must be as dust , and afterwards as stars : not stars for multitude i think , but glory , except there be more stars then the jesuite thought , who hath lately wrote a book in praise of the virgin ; being nothing else but one verse ( tot tibi sunt dotes virgo , quot fulera coelo ; ) which he hath changed above a thousand times , ( and might have done it much oftner , ) keeping the very same entire words in a true verse . abraham the high father , had two sons in special . ishmael a type of the carnal iew ( who had also twelve princes , twelve patriarcks ) from hagar , the earthly ierusalem : coming first from egypt , and growing proud , she is driven out ( into captivity ) but soon returns again upon an angels call. yet she must only stay till isaac ( a real type of christ ) is born , and weaned a while ; and then , her self and son ( for mocking isaac ) must be turned out of doors , from abraham's house , or church . it was very bitter to good abraham , but she must out . and she is yet in bondage ( in the wilderness , a long captivity , ) together with her son poor ishmael . but in this wilderness , when she is near despair , sitting alone , wringing her hands , for grief and woe ; and her poor son , at a distance crying , or rather gasping for life , god will hear , god will hear , ( return o god to the many thousands of israel , ) and he will call , and speak kindly to her , in the wilderness : he will then open her eyes to see a well , a fountain of living water . the well of him that hath lived long , and looked on her . for , when the poor and needy shall thirst sore , and their tongue cleave to their mouth , ( when they sit in darkness , he will see and execute peace , ) he will open a fountain in the wilderness : so do the psalmists and prophets often alude to this of hagar in the wilderness , an history of all the bible , much , i may say , more remarkable . after this shall isaac come and seek his poor brother ishmael , he also shall come and dwell with his brother at his well labairos : and thereabout he met rebecca , though i dare not draw the paralels . but it may be worthy of inquiring , that about forty years old , he should meet his wife at hagar's well . the iews do tell us pretty stories of old abraham's coming oft , and knocking at the door to call and see his son , though hagar was much abroad and yet they say , she did return again at last into his house . and some will also have her to be keturah , on whom abraham had many sons , that peopled the east . these seem to be the abrahamides , or brachmonides , of whom we hear so much , yet see so little , but their names . certain it is , what ere became of hagar , that ishmael returned to isaac , or rather isaac to ishmael . for , besides that of isaac's living so much at ishmael's well , the text is clear , for their being together at abraham's death , or funeral . and ishmael ( a better man then some may think ) dyed in honour , or as the phrase is , in the midst of his brethren , if i mistake it not . isaac ( a type of christ ) had two sons , that wrestled and fought so soon as they had being . edom the eldest ( which the jews will have to be the roman christian church , the first born to christ , or isaac ; ) yet must come to serve the younger , when he cometh up . iacob ( the father of all israel ) had two wives . leah the visible church of carnal jews , or gentiles , bleer eyed ; not so lovely to her husband as was rachel . who was long barren , but at length beareth ioseph ; and she is then to leave her father's house : for he will give them up ( for smiting ioseph , ) until she that travailed bring forth , and receive her son with joy. in this flying posture , iacob meets the angels at mahamin ( it was the way with the canticles . ) he wrestleth and prevaileth with god , and with edom. 't is a great mystery : but i am tedious . poor rachel is loath to leave her idols . these stick and stain her ( but they must be buried in bethel , ) till at length she come to bethelem-ephrata ; and there she travaileth with benjamin ; to her , benoni ; for she must expire as soon almost as he is born . nor did she regard the words of those , that told her , that she had a son : but she shall receive him again with joy. i dare not say that blear-eyed leah , was typified by old lilith , of whom the iews speak so much , and so ill ; because she did so much displease our father adam , till god in pity cut him asunder , ( as they speak , and so doth plato also , ) and of one of his sides made eve. otherwise his body had been more round ; male before , and female behind : to which they say the psalmist doth allude ; besides that of moses : male and female created he them , or him ; at the first . they have also an antient tradition , of which , the talmud , and many of their best writers ; that there should come two messiahs , and the first should attempt , but not perform the full deliverance : but that he should dye , and leave them in a doleful plight , so long , till a second came , and relieved them all , and reigned over them , as david : for , they call him ben-david , as the former ben-ioseph , or ben-ephraim . not only for his relation to ioseph , but they use to call any noble gallant man an ephraimite . and in that of their first messiah , they seem to allude to a common story among them , of ephraim's hardy attempt to carry them forth from egypt : but his rashness cost him many thousand armed men , drawing the bow , but turning back in the day of battle ; as the scripture seemeth to allude in several places . those two distinct men , ( with the iews ) seem but two distinct estates in one , and the same messiah . which two estates seem also to be tipyfyed by ioseph and benjamin , good iacob's darlings , and the sons of his beloved rachel , the good jewish church . somewhat it is the scripture meaneth , i believe , in bringing christ from bethlehem-ephrata : by which we are also led , and bid by st. matthew to look on rachel , falling in travail there , and weeping for her children , who were not . and often did she weep , if she could see how often they were not , or seemed not to be . so ioseph in the pit , in the dungeon in egypt , in ephraim's first attempt from egypt . so benjamin in that famous history , when all israel wept as well as rachel , because benjamin was not . yet again , how oft did she , must she weep ? poor rachel weepeth till she see them all again : and so she shall in the latter days , as saith the prophet ieremiah . and then also the children of barren rachel may be more , than of fruitful leah . and another prophet saith , they shall be given up ( as deserted by the father ) till she that travailled shall bring forth : nay , till she have leisure to attend with joy , that a man-child is born to her . some have thought the travailer to be gentile church , but it is interwoven with bethlem ephrata . i need not spend much time to parallel the two estates of our messiah with this ioseph , and this benjamin ; the lord will dwell between his shoulders , more then when the holy place was in the tribe of benjamin : he also was cut off , ( as ioseph was ) but did prolong his days and prosper . yet a little while , i hope , and benjamin shall come down from his good father ; and then shall ioseph ( ben ioseph ) make himself known to his brethren , who did hate him , shout at him , cast him into the pit , deliver him to the gentiles . but he was brought from prison and from iudgment : at thirty years he stood before the king , and was made governour of all . his brethren must come and bow down to him , tho they rememb'red not his affliction ; yet he preserveth them in aegypt : and tho dead , yet goeth before them to canaan in his coffin ; of which the jews have many stories , in the life of moses and others . they shall see him who they have pierced , and shall weep over him : for he shall melt them by saying , i am joseph your brother . but he must stay till aegypt be destroyed by famine : and be glad to yield it self to ioseph ; he must sit till his enemies be put under him . and then shall come the restitution ; when babylon is pulled down . it filleth all the scene as yet : and whil'st satan acteth as if he were god , it is no wonder that we see so little done of good. i must not trouble the world with the time of this great change : but it may be sought ( and perhaps found ) not only by types , but plain expressions in moses , and the prophets ; besides our saviour's words , and the revelation . this i may observe , that as aegypt was broken before the tabernacle was first raised , and edom before the first temple , and babylon before the second ; so both edom and babylon before the third , in ezekiel and st. iohn : for i now seek not the three temples in ezekiel , sitnah , and rohoboth ( digged by isaac ) as do many iews . of all the crimes of edom and babylon , this hath a heavy charge : that the afflicted heber , the people of his love. but those that curse them must be cursed . how great a share in that this kingdom had , i cannot say , there are mistakes on either side . we say they crucifyed a child , or more : they do deny it , and we prove it not . they say we drove them out from hence : it is not clear . they were in favour once at court ; they did deserve respect , who brought the crown two hundred thousand pounds per annum ( little less , as mony now , ) for divers years together . and king iohn did give or sell them a charter of priesthood , or rather presbytery ; for i know not that by this they ever sacrificed . and the charter yet remaineth , for old jacob the presbyter of all the jews in england , during life . their use and brocage was so burthensom , that in king edward the first , one parliament did quite deny them leave of usury ; and that did draw them , but not drive them hence . it was their motion that obtained a writ for safer passage , which yet secured them not , but that the best of them were drowned in the thames , by fraud of those that undertook to waft them over : but they hanged for abusing those poor jews . the next parliament did grant a whole fifteenth pro expulsione iudaeorum , yet they had but a writ for a pasport ; and they were but and odd , if i may believe a great learned judg , who has so reported and recorded . how they are now , i need not say : although i might also bear them witness , that they are yet zealous in their way : nor do they wholly want ingenious able men , of whom i cannot but with honour mention him that has so much obliged the world , by his learned writings , ●ab menasseh ben israel : a very learned civil man , and a lover of our nation . the more i think upon the great change now coming on them , and all the world ; the more i would be just and merciful to them , to all : nay universal sweetness if i could ; a christian overcoming all with love. and such one should be more i believe , if one had conquered all the world. for then there would be nothing left , but self to conquer . then one would return in love , and say , come forth my enemies and live , enjoy your rights , your peace and liberties , with all your ioyes . there shall not an hair fall off your heads . by this it shall be known , that god alone must reign . i know that antichrist and babylon must fall , and rise no more . but these are more in hearts , then any walls , or any city . not only in the heart , much less the name of king or lord : i judg my self , or so i should much rather , and much heavier than i judg another . for i see much cause to fear my self , lest i may keep a little pretty , rather ugly antichrist within my breast ; whil'st i am busie to destroy some others , more then it in others , or my self . there is a sweeping rain , oppressing more then any thunder . there is a pride most proper to a leathern coat . and one there was that trod on pato's pride , with prouder ( it was said ) and fouler heels . i find it in the scriptures : thence i know that babylon must down , and be thrown down with violence . more force it may seem , than form of law. yet , even in such things , god seldom doth that which is not just in man's eye also . nor did he ruine babylon , or spoyl aegypt , till they oppressed israel . nor did he bring the iews by pure force to possess canaan , before they had purchased sechem or machpela ; with such a legal seisin as might warrant force , or forcible disseisors , that so held possession against the true owners . and what ever force may appear in pulling down of babylon , i do not read or know that the new temple , or the new ierusalem shall be built with violence or by violent men , that may ruffle much in forcing babylon ; but they may perish by the sword that use it most . moses was the meekest man alive , yet he had a special commission , ( that was a patent sealed with the arms and impress of heaven ) to ruine or impoverish aegypt . he pulled down indeed , but he raised little but a tabernacle : only a shadow of good things to come . and it must be abolished by him that was typified by ioshua : for moses could not bring them into rest , altho by force and a mighty hand he brought them out of aegypt . david was a warriour and a mighty puller down : he cut off the head of goliah , and weakened all the philistins ; he threshed ammon , moab was his washpot , and over edom he casts his shoe. he shall be brought into the strong city , and shall harrow edom and sow it with salt , or cut off all the males but one or two that can escape by stratagem . but yet , he must not build the temple : for he was a man of blood ; and when he would but remove the ark , uzza is smitten , and david ashamed as well as afraid at that great breach , which remaineth to his day ; i had almost said prophetical of our times . from perez uzzah the ark is brought but a few paces ; for it must rest a long time with obed-edom , a mysterious name , and when it comes from thence to the city of david , it must be content with a tabernacle , with many forms and ceremonies : and among others obed-edom is the porter to that tabernacle . shall some of edom also be brought in ; although his desolation be eternal , or for an age of ages ? may they come to be porters , as the gibeonites were hewers of wood for the house of god ? his iudgments are in all the world ; and so they must be long . but judgment is his strange work , and he delighteth in mercy ; he will turn again , and be merciful unto us . nay , all the world shall sing and rejoyce . the sea shall roar a while , and all that in it dwells : but there shall be no more sea , no more death , or hell , but what shall be sealed up in the great pit. but the earth shall rejoyce , and his goodness shall be over all his works : they shall all bless him , they shall all praise him . nay , all the trees in the forest shall rejoyce . this is also the more considerable , in that it was so clearly expressed in that joyful psalm , which was made and sung at david's bringing the ark from obed-edom : but it is divers times repeated and inlarged in the psalms and prophets : for it is a great mystery . solomon the king of peace must build the temple up : there must not be a hammer heard , or a stone squared , but before it cometh thither . he is married to aegypt , and in league with tyre and sydon : the letters are yet to be found and read in old authors : then pineda , he is reconciled to moab and ammon : and the arabians bring him gifts , as did the magi from the east . he spake peace to the gentiles afar off : not only to the queen of sheba . i do not reject or believe all the titles or history of precious iohn : but i could with a sight of solomon's works ; and others in his famous library at amyra . nay , to the isles of the gentiles : we need not travel to peru as some have done , to seek ophir : it is nearer much , and better found in zealand , one of the best islands i suppose in all the world : and the learned author of the late peleg : maketh demonstrative paralels of this with ophir , or the taprobane of ancients . yet even solomon , this peaceful king , had two great enemies ; one was an edomite ( david left but very few , ) and the other was a syrian ; i do not say an assyrian or babylonian , altho these often come into the name of syria ( a vast latitude . ) but the text saith , the syrian reigned about damascus , which seemeth near the borders of the old magog ; and it may be compared with the close of the th . or rather with the middle of the th . of the revelation ; or with much in ezekiel , about the time of his temple ; or it may be , long after it was built . the second temple was built in a time of trouble , and great fear : for they held their swords together with their trewels . but yet it was not built by power or might , ( much less by force , ) but by his spirit and goodness , that did overaw his enemies . zerubbabel did hardly live to see his temple ; or at least the city finished . this was but a gentle visitation , as the jews used to call it : not a restoration of the two tribes , much less of all , as the prophets promise : nay , some of them promised after this return from babylon . and this temple was imperfect much , it wanted divers glories of the former : five in special , as the jews affirm ( at the want of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the word foretelling its glories ) which never were recovered : tho great herod did encrease the outward glory . and there was a greater than solomon to give peace in that place : and so he did to all the world. 't is known how oft the romans shut the temple of their ianus . but why could not this peace endure ? was it because this temple was not founded in peace ? for ephraim envyed iudah , and iudah vexed ephraim . nay among themselves they could not agree : for some wept , as others laughed . but when the people did with one voice , and one consent , sing out to bless and praise the lord ( so saith the type in solomon , ) then , and not till then , the glory of god came down and fill'd the house ; so that the priests could not enter ; nor it may be , needed in that glory . this was but a type of somewhat yet to be fulfilled , more , much more in building of the new temple . solomon did also then pray that all the earth might come to know the lord , and serve him , as his people israel did . and this was heard and answered by god ; and almost all the prophets , who with much consent assure us , that the earth shall be full of the knowledg and glory of god. and that he shall be served with one consent , and with one shoulder : even from the rising of the sun , to the going down thereof . ( for it is worth observing how learning and religion , came along with the sun from east to west . ) in every place shall incense be offered with pure oblation . and then ephraim shall no longer envy judah , nor judah vex ephraim . if i durst assert esdras to be scripture in any thing ; it should be in those most considerable prophecies of the ruine of the roman eagle , to which it may be , our saviour also alludeth ; as he seemeth to do in divers other passages , found no where that i know , but in esdras . and about the fall of that roman eagle , he seeth a great multitude of fighters , ( as in armageddon . ) but at length arose a man , who was the son of man , that called to him a peaceful people , that should leave off war , for it should cease in all the world ; their swords and spears must be beaten into plow shares and pruning hooks . and when the multitude ( in the revelation ) stand and sing the new song , the song of moses ( of the sabbath , or the red sea , ) and the song of the lamb ( not yet known abroad : ) then , and not till then , is the vail of the tabernacle in heaven opened . but there was yet a smoke to cloud that glory . but when the seventh angle shall sound , and all the kingdoms of this world become the kingdoms of our lord , and of his christ : and those be destroyed , that destroyed the earth . then shall the temple of god be fully opened in heaven , and the ark of his testament ( the model shewed to moses on the mount , ) shall be seen and viewed in that temple : not in a tabernacle , but a temple : then also shall the four beasts ( which in ezechiel's mircavah , the jews will have to be the emblems of the four great monarchies in daniel : ) even these four beasts ; and the elders of presbyters ; with all the angels of heaven , and all the creatures of heaven and earth , and of the sea , and under the earth ; ( how long , or how far this may reach , i know not ) all shall fall down about the throne , giving honour and blessing , and praise to him that sitteth on the throne , and to the lamb , for ever and ever . and the four beasts again in special say amen . there is much spoken of a personal reign of christ upon earth : i do not affirm it , yet i believe there is more , much more for it , then i have yet seen in any of the many writers on daniel , or the revelation . and beside the judgment of so many , if not all the orthodox in iustin martyr's time : there be some very antient , ( almost apostles ) that relate how our saviour himself discoursed of this kingdom , which the acts do but intimate . but for my part , i do acknowledg my self to be so ambitious , as to expect somewhat much higher and better then his bodily presence , which yet i long for : as the captive hasteth to be loosed . but this would please or profit little without life and power , and real light above our doubts , disputes , or demonstrations . nor would this much profit man , or please god , i think , without true love , proportionate to such a light. the first paradice had one river parted into four streams , and one tree of knowledg : but of evil rather than good. the new paradice shall have many rivers of knowledg , to cover the earth , and many trees of knowledg also ; whose very leaves shall heal the nations ; what then shall their fruit be , but resurrection from the dead ? i see so much of this vain world , that i cannot but earnestly desire and long for a new earth , and for new heavens : but yet i should not value or desire them much , were it not that in these i hope to see more iustice , and more mercy . is not that the world to come , of which the hebrews and our saviour speak , as pardoning all but one sin ? the phrase is common with the jews , who do expect it on earth ; and the prophets make it a pardoning world to come , so that the inhabitants shall not say they are sick , for their iniquities shall be forgiven . i must confess my hope is , that he that bid us still forgive so much , that we might be like our father : meaneth himself to forgive very much ; being himself the founder and great patron of that great order of christians , whose badg is this , conquer thy self , and others evil by doing good. elijah must level his way , and many ( if not all the antients , ) thought elijah yet to come ; which our saviour also seemeth to intimate with that at his transfiguration . and the jews repeat the verse of the prophet malachi , which seemeth also to speak of two days ; and all elijah's work was hardly fulfilled at christ's first coming . however when that levelling is over and past , the lamb shall come of another spirit . for the son of man came not to destroy , but save : he is the prince of peace . and when he shall come to conquer ; he will come on a white horse , and shall ride on prospering , because of meekness , with truth and righteousness . he will have mercy and not sacrifice , and that will please him more than all burnt offerings . he will make our officers peace , and our exactors righteousness : for violence shall be no more : but a king shall rule in judgment , and a man shall be an hiding place from storm and tempest . i will hear what the lord god will speak ; for he will speak peace ( as well as truth ) to his people , and to his saints ; that they may no more return to folly , or have cause to blush . mercy and truth shall meet together , righteousness and peace shall kiss each other . truth shall spring out of the earth , but mercy ( this the jews called righteousness ) shall come down from heaven ; for the kingdom of god confisteth in peace and ioy , as well as righteousness . for the fruit of righteousness is peace , and assurance for ever ; being sown in peace , of them that make peace . such is the wisdom from above , and such are the fruits of the holy spirit . what shall we say then to the messenger of the nation ? or to the angel , spoyling edom and babylon ? what ? that the lord hath founded sion , and the poor of his people shall trust in it : he will leave an afflicted poor people , and they shall trust in the name of the lord ; and then will he give them a pure language , that they may all call upon him with one consent . thou hast indeed smitten edom and babylon . let not thine heart lift thee up , for why wilt thou meddle to thine own ruine ? that thou shouldest also fall , thou and all juda with thee . shall the sword devour for ever ? knowest thou not that it will be bitterness in the latter end ? how long shall it be then , ere thou bid the people return from persuing their brethren . again , and yet again , i bow my soul and pray , and humbly beg ; that all may be both iust , and iustly done . not with justice only , but with pitty and great compassion , and much mercy , for in many things we fail all . i say that the commons also failed to the common-wealth . but to speak freely , altho i will not judg the commons , yet i cannot justifie that house ; but i must also condemn what was lately done to them also , ( even to the house of commons ) by that army which hath often been acknowledged , to have both served and saved them from ruine or slavery . i desire not to dispute matter of fact , nor can i judg it . it is true that by express law ( besides all of reason and nature ) there should be no force of arms near , or so much as in appearance of overawing the parliament : and i looked on it as an heavy charge on some that perswaded the scots , or the northern army , to look as if they would have moved towards the city and parliament against its will. nor can we forget , it was so late , that the house voted it treason to act by command of parliament , under a visible force . but how shall wee know or discern this visible force ? they may be free under that which i may think a force , and therefore i must believe them to be free , unless they declare themselves to be forced . for by judging what is the priviledg of parliament , i may certainly break their priviledg ; while i inveigh against others for so doing , and by this incur the danger of those that judg before the time , or out of place ; for i suppose i see of the commons seized and secured ; i cannot judg it a breach of priviledg , because i know not but it might be done by the command , order , or consent of parliament ; till it declare the contrary : or if not by order of parliament , yet it may be by some officer , virtute officii ; or if by private man , yet upon some emergent necessity , or such reason , that i or others may not judg , much less condemn but in parliament . for it may be possible perhaps ( but i hope not probable ) that some parliament-men may design or consent to such a dangerous treason or felony , that it may be the duty of officers or others to detain or secure them , till the cause be heard in parliament : and resistance of any that detain upon suspicion of treason , hath been adjudged ground enough to justifie detention and securing , till there be a legal acquitting . and that species of treason , which is against the kingdom , or the kingdoms army , may so much concern a general , that it cannot be wondered if he should be the accuser or attacher : who is the kingdoms sheriff , and intrusted with the posse regni ; which he ought to manage for the best advantage of the kingdom : prout & melius visum est , in honorem coronae , & utilitatem regni : as the confessor's laws de heretochiis ; and yet he is no judg of this , but must submit it to the courts of justice ; and in special to the parliament , when ever it concerneth any of that body representative . i say not , that the house should not , or need not demand their members ; and the cause of any such detention ( which still ought to be submitted to the judgment of parliament , ) but i think it may be possible to suppose such a case as cannot soon be heard and adjudged ; and in such case , i do not know it is absolutely necessary for the house to sit still , and to refuse to act at all , till all their members be restored . for by this it might be possible for a few mischievous persons , still to keep the parliament in such a perpetual imployment , or rather idleness ; that they should do nothing but dispute their own priviledg , and breach thereof . whereas it may be such a case , that should make them that be free , to be more active in the publick service , ne quid detrimenti capiat resp. while some cannot , and others will not come to do their duties . yet if any be zealous to spend their time , or rather the kingdoms , in disputing an airie empty species of priviledg ( which themselves may reflect or refract at pleasure , every moment , ) i may not condemn or judg them : but when the sea breaks in , i should fear it a madness in my self , to sit and frown with a spanish gravity , chafing at those that broke down the banks , till the waves come in , and drown me with my friends and country . i do not deny but that by the law and custom of parliament , may be an house of commons as well as . yet to speak freely , i could believe it to be the duty of such to call in their fellow members , especially when the work is great and weighty . and i must confess i should somewhat wonder to see sit alone , about the greatest matters possible , without so much as calling the rest , or sending writs for new elections . the modus of parliament telleth us , that as the king might not absent himself ( but in the case of sickness , and then he must lie in the same city or mannor , ) without consent of parliament ; so also there was great caution against the members absenting themselves ; so that it was expressed in the old writ of election , that they should not depart from parliament without consent of parliament . but i know not whether the crime may be so great in those that desert their trust ; as it may be in those who permit them so to do . but i will suppose the house of commons is both full and free ; which we may , and should ( for ought i know , ) till they declare it otherwise . yet when they are freest , they have limits ; for they be not infinite . nay when they are most free , they are most bound to good orders and to right reason . they which bring them to this at any time ( though by any army of arguments , or any thing else that is reasonable , ) are so far from enslaving them , that indeed they make them free , compleatly free ; and when they are set free , they are the more inexcusable , if they be not rational ; for when men are slaves , they may be the more excused , for acting without or against right reason ; which to man is the natural law of liberty . which is not a power to act quicquid libet , what we list , ( for this may be licentious , and a lust or passion may enslave a man as much as any chain or fetter , ) but quod licet , what is iust and rational ; or as some of the schools express it , by the wills following the dictates of the understanding , or right reason , rather than by a blind irrational indifference , or power to contradict its own acts , or to suspend its own acting ; which is not found in all , no not in the best agents , in their best acts about the chiefest good , most free and yet most necessary : and wherever such indifference , or such suspension is , it is a stain or spot , and may be slavery rather than an ornament or badg of liberty : for it ariseth from some darkness , in not discerning what is best ; or from some inconstancy , or inability to follow it ; which without suspence should be always embraced , and followed by right reason . but what is this reason ? is it only discourse , as the schools use to express it ? who yet find somewhat higher in man , even a kind of intuition , which the old philosopher did make the highest sphear of all in man's soul , concentrical to good , when both reason and fancy were excentrical . but to me the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( which we translate reason ) seemeth to be the first used of proportion in the mathematicks ( mother of all analogy , and of most learning to the ancients : ) so that those were called rational agents which acted in proportion . so the same old philosopher ( that saith , god ever acteth in geometrical proportion , ) placeth reason in a mean , between two ends or objects : and the master maketh reason to be mistress , both to art and prudence , ( this is proportion in the moral , that in the natural part of actions ; ) and describeth virtue by a mean proportion , which he calleth reason ; as a wise man would define it . as the sacred writer of the number of a man ; that is perhaps rational , a logarithm , or a piece of true algebra , which we may translate mans numbring : for of all visible creatures , man only was found to use numbers and proportion . but what is this proportion , which denominates an agent to be rational ? is it between the actor and the object ? and do rationals only observe a difference of objects ; whereas natural agents go on alike to all , eodem modo ad extremum posse ? but rationals still do , or still should act in proportion suitable to themselves , and to their objects also : which is two or three times observed by the prophet esay , in describing reason , in that of ploughing and threshing , and of punishing , with that of the rough east-wind : chap. , . but there is a more inward proportion yet to be found in rational agents , when their activity is proportional to their being , and to their knowing : and when ever these three are preserved equal or proportional , there is true liberty . so it seemeth to be in god , ( may be so darkly shadow out the blessed trinity ; ) his being , knowing , and activity are infinite ( and therfore proportional to each other ) and absolutely free , altho necessary . by his knowing , he freely comprehendeth ; and by his acting , freely diffuseth his own being : so that all the creatures seem as several rayes , or ideas ( rightly called species , ) acted , that is , diffused through infinite knowledg ; from , or rather within infinite being ; which the iews call the place , in which we live , and move , and have our being . creation was of somewhat not appearing before ; so both reason and the scripture teach : but how it was , or could be , from meer nothing , would be more considered : and it may be the hebrew word may signify to cleer , manifest , or reveal , somewhat hidden before ; rather than to make of nothing something ( de novo , ) which may seem impossible , if there ever was being infinite , ( as much real entity , as there could be , ) altho not so visible in all its moods , as it was since the revelation , which we call creation . all the creatures have some image of the creator's being and activity ; it may be also some kind of knowing suitable to both : for which there is much to be said , and perhaps more then is yet written by any de sensu rerum : where we might also find causes of antipathies , and such as are now called occult qualities . and wherever activity , ( for this is most to sence , and by this we used to measure freedom , tho it should it be in knowing as much as in doing , ) is preserved equal , or proportional to being , there and there only , seemeth to be true liberty : which may most appear in the actings of those beings which are most knowing . shew me then the sphear of man's being , and you may quickly find the measure of his freedom : his being is by all agreed to be rational , and reason therefore is the proper measure of his liberty . for he is then free , when his activity is preserved equal or proportional to his being ; this is rational , and so must that : and man is then , and then only free , when he can act what he should act , according to right reason . this is the law of his nature , which is rational ; and reason is his royal collar of s. s. s. or a chain of pretious pearls , which nature hath put about his neck and arms , as a badg of honour , and most happy freedom . this digression would be scarce excusable , but that our law doth so adore right reason ; that is a maxim , what is contrary to reason , is contrary to law. knights service ( with ward and marriage ) draweth relief : but reasonable by common law , before the charter , and the statutes do ascertain aydes , which were before to be reasonable . guardian in chivalry need not account : but guardian in socage , prochein amy , or tutor aliene , be liable to a reasonable account : for the old writ requires compotum rationabilem . but an action of account will not lye against an executor , to such in socage ; ( tho this hath been pressed in parliament , ) because it was not reasonable ; but in case of the king , it was so adjudged . tenant at will , ejected by his lord , shall by common law have reasonable time to remove his family and goods , with free egress and regress , during the said fine reasonable . tenant by copy , with fine uncertain ; is not wholly at his lord's pleasure : for by common law , he must only make a fine reasonable . housboot , hedgboot , ploughboot , all estovers ( both for tenants and prisoners ) must be reasonable , and so must all partitions between parceners , and upon elegit , &c. which are therefore not left to the sole pleasure of a sheriff , or of any other , but in a sworn enquest , as we may find in the writ de rationabili partitione . in divers mannors , there be many petty . customs which can hardly be brought into publick view : but for those , and for all , the law hath a short text , que nest pas encountre reason , poit bion estre admitte & allowe : and the great commentator addeth , lex est summa ratio . if you ask him who must determin of reason , or what is reasonable ; his answer would be , that if any man find himself aggrieved by his lord , or his fellow tenants , the law supposeth the iudges breast to be a sufficient closet ; or , if you will , a castle for right reason . i remember one case , ( and there may be divers , ) in which the law leaveth private men , ( even in their own causes , ) to be iudges of reason , or what is reasonable : it is a case of escuage . the great charter dispenseth with personal service , ( in some cases , ) where it is not reasonable a man should serve in person : and the reason of this runneth so through all escuage ; that if any man will send another in his room , the law dispenseth with it , supposing he seth reason not to attend in person : nor may he by law be compelled in such case against his own reason . most , if not all other cases in that tenure , are by common law left to the immediate reason of the parliament , which may be worth a little pause ; as that which may somewhat clear the grand question of the militia . it is true that by the common law , and by the laws of the confessor , cited by some , to assert the commission of array ; men ought indeed to have arms , and them to keep in readiness for defence of the king and kingdom . but it is also true that this , besides other passages , is strangely cited and applyed for defence of that commission of array . for altho the close of the sentence be as they say , iuxta praeceptum domini regis , &c. yet the same sentence ( had they cited it whole , ) seemeth to be much more against the array , than for it . for the arms required there , must be assessed by common consent : and that also limited in that very sentence , to the proportion of ever man's estate , and fee for the defence of the king and kingdom ; and for the service due to the lords , iuxta praeceptum domini regis ; and these words in this place do refer to the immediate precedent words , servitium dominorum ; which by the custom of the kingdom was so limited , that in all homage or fealty , there used to be added this salvo ; salve lay foy que jeo doi , à seignior le roy. and lest king edward's laws should not be plain enough secundùm quod eis statutum est , & adjudicatum , & quod debent : king william the first , by advice of his great council explained them thus ; that nothing should be exacted or taken , but liberum servitium ; free service . prout statutum est , per commune concilium totius regni ; as it was established by the common council of the whole kingdom : which is also a clear proof , for such a common council in his time , and before . in the same laws , this william ( whom some call the conquerour ) granteth that cities , burroughs , castles , hundreds , and wapentakes , should be so kept and watched , as the sheriffs , aldermen , &c. should best order for the good of the kingdom , per commune concilium ; by such common council : and a little after giveth this reason , because they were founded for publick defence of the kingdom and people thereof , idcirco observari debent , cum omni libertate , integritate , & ratione ; a very happy trinity . and for service , with such arms as were by common council assessed : the same king ( called the conqueror ) hath indeed such a law , that all earls , barons , knights &c. should have and keep themselves in arms and horses , as it became and behoved them : so much of this law , the king's declaration cited for the commission of array . but the following words of that law quite dash such array ; for the close of all is , according to what they ought to us , by their fees and tenure , to do by law ; & sicut eis statuimus per commune concilium totius regni : even by parliament , for the common council of the whole kingdom . these laws of king william , with the additions and emendations of the confessor's , were afterwards confirmed by king henry the st . as appeareth by his charter ; not only in the exchequer , but in other places also ; besides that we have in matthew paris ; a copy of which was kept in every county . and the same charter was again confirmed by king iohn , ( they know it may be proved ; ) and again by king henry the d. and so it came into the great charter , and by consequence confirmed , in more than thirty parliaments . in which also there hath often been , most especial care of this touching the militia , being one of the main causes of those statutes , entituled confirmationes chartarum , and of those de tallagio non concedendo ; except by common consent in parliament : besides many later statutes , in king edward the d. and henry the th . with other times . i deny not that in henry the th . there did issue out a commission of array . but it is as true , that in the last parliament of the same king henry the th . it was again declared as the undoubted right of this kingdom , not to be charged with ought , for defence of the realm , or safeguard of the seas , but by their own will and consent in parliament . by which we may learn how to interpret all the precedents acted by the king , for his array : and by how much the more is it true , that some commissioners of array have been confirmed by parliament ? which is always needful to confirm any such array : which yet is not proved ever to be paralelld in any parliament , for ought i can find . for in all yet seen , there is no such boundless authority , given to two or three strangers , ( or others , ) to compel all men but themselves , to provide and bear arms , how , and when , and where it shall seem good to such commissioners : which at once seemeth to dissolve all laws of liberty . which by the mirrour with other old lawyers , is chiefly placed in this ; not to be tyed to any man , but by ones own consent . in explaining of which they are large , in shewing how the tenures of the crown were appointed for defence of the kingdom : and none tyed to service , but according to this tenure ; which was assessed by common consent . and if such commissions of array , might be legal from the king ; escuage is so far from the worst or hardest tenure , ( as it was commonly thought , ) that it would prove the best , and easiest in all the kingdom . for if the escuage be uncertain by tenure : none that hath read so much as littleton , can be ignorant , that by the commom law and custom of the kingdom ; it is not to be assessed by the king , or any other , but by common assent in parliament : which hath now done much to settle this also . and if certain , then is the king as really limited as the tenant . so that the king cannot command or require his tenant , but according to his tenure expressed . not when he will : for it must only be in time of war , and this is not to be determined by the king , but by the courts of iustice. when they are open , as appeareth by all the law-books , in the case of roger mortimer , thomas earl of lancaster , and divers others . nor in all times of war , but only in a voyage royal ; to which escuage is most properly tyed : and this must not be determined by the king ( who may be a child , sick , incomposed , ) nor by his marshal , or constable , but by the courts of justice . nor in a voyage royal , as long as the king may please : but according to the tenure ; usually forty days for each knights fee ; and it hath been demurred in law , when those forty days should begin . they are littleton's own words , and very pregnant ; as if he thought that by law , the king could have no host , or muster , but by consent of the commons : and he was as like to know our laws , as most men living now . nor is the tenant to serve , but according to his tenure in gascoyn , wales , ireland , scotland , to which escuage proper , ( but rather from the scute or shield ; ) and the books have divers cases , where the king hath required service , denyed by limits in tenures ; which the courts of iustice , especially parliament , in all ages did determine . nor is the king to determine how the knights shall serve him ; whether in person or not . for this is by law , at the tenants choice . and if the knight or his proxy , will not attend , or stay out his time : yet cannot the king proceed against him , but in a court of iustice , and not by marshal law : yet the marshal's certificate is a legal evidence , that the tenants did not appear in service ; but his reasons must be heard with all just pleas. nor with what arms or horses , the tenants may serve : all is expresly limited ; if the tenure be certain : and if not certain , it must ( as all lawyers know , ) be assessed by parliament ; which did also at first establish that , which now is certain . nor would it be difficult for a mean historian to shew how in all ages , the militia was as well disposed and managed , as it was moulded by common consent , which is very considerable ; and the rather , because all that wrot for the array , did most , or only run out in this ; that the king had the sole disposal of the militia : not attending , that if this had been proved , ( which never was that i know ) yet this was only but half , and it may be the least half of the question . for by that strange commission of array , the king did not only challenge the right of disposal , of the legal militia , already setled ; but also of moulding and making a new militia , not yet made or ever thought of , that i could learn by any of our ancestors . if i were forced to enter the lists , which i would avoid , as a purgatory ; ( being otherwise , i say not better imployed , than in such unprofitable wranglings , ) i should believe it not very difficult , much less impossible to maintain ; that both the moulding and manage , ( the make and the use ) of the kingdoms militia , was ever immediately subject to the command of the courts of iustice ( especially the parliaments , ) which may in a large sense of law , be called the crown , or king's politick capacity ; but never i think to the king's person alone , which in law is still an infant , as the mirrour expresly calls him , though his common capacity be ever of age . be the person a child , an infant , lunatick , incompos mentis , or a woman , which sure our ancestors could not but deem a most unlikely person for a wise and valiant general . if i were compelled to argue this , it should not be only from right reason , or the law of nature , which yet to me , seemeth much to encline this way . the feet are to bear , and the hands to help , to hold , to bind , and rub the head , ( in any distemper or weakness , ) but if i should hear of any man born with his heels in his neck , or his hands tyed to his head , or immediately under his chin , i should think it a monster . and wherever both hands and feet , are at their due distance from the head , with divers nerves and other vessels , bones and other parts between them : yet i never heard or knew that they did obey the head , till it did command itself , and them also by reason ; or till it also doth obey , not only its own eyes and ears , but the common sense and reason of the soul. i must confess i have heard that ticho-brah , did sometimes imagine that he found mars below , or under the sun. but if it were really so , it seems as great a prodigy in nature as the new star , and that of mars , rather than a new star in cassiopeia , might presage those sad commotions which have since followed in many places of europe , while mars hath been so much below or under the sun. for by nature mars was said , and ever thought to be placed immediately under iupiter , the great judg , or court of iustice ; which should command the sword. and so it doth by law. for in england the iudgments given in any court of record do so command the militia for execution ; for a writ runs of course , which was made by common consent , and cannot be denyed . release to all actions , will not hold against execution , except all suits were also released : but this is such a suit as the law calls a demand , which may not be denyed . and for other cases of routs , riots , unlawful assemblies , invasions , &c. the posse comitatus , and by consequence the posse regni , was disposed and commanded by known , sworn officers ; that acted virtute officii , by the law and custom of the kingdom . for it may be known that the old iustices , or conservators of the peace , were chosen by the counties ; as appeareth by writs , yet to be read from the rolls of edward the first . and now their commission and their power dependeth on parliament . nor could the chancery have given such a power , had it not been so established by parliament , which hath also strictly provided for their legal nomination and election . for which the statutes of richard the second , henry the fifth , henry the sixth ; and before them all , edward the third thought it were not printed . and it is very well known , how by the common-law and custom of the kingdom , all the sheriffs do command the posse regni in their several counties : and that not onely execution of writs , which may be thought to be matters of peace ; but the lawyers know , that sheriff is custos legis and reipublicae , as well as of peace ; of which he is the principal conservator in his shire and county . nor may it be presumption to say , that all these sheriffs also ought to be , and so were , chosen by the people , as is sufficiently found in hoveden , and in the laws of the confessor . and in full parliament of edward the first , it was declared to be the law and custom of the kingdom ; and therefore so setled in the choice of the people . there was in latter times some alteration made in choice of sheriffs ; but it was by parliament . however , we all know , that headboroughs , constables , ( greater men than themselves know ) coroners , and divers others , are yet still chosen in the counties ; and do act by custom and common-law . and the sheriff also , however he be chosen , yet he stands not by commission ; nor ought to fall with kings death : but is a standing officer , by common-law . who may command all lords , knights , gentlemen , and others in his county , by his writ of assistance . which issueth of course to every sheriff . i need not say , how little the kings personal command or warrant , can by law interrupt or hinder the process of sheriffs , iustices , constables , or others , in their legal course for the publick peace . yea , insomuch that if i should have beaten a drum , or raised forces to rescue king henry the eighth from the compter , for abusing a petty watch in a night-walk ; i might have been arraigned for it . and so i might have been , for refusing to fire the beacons , or to have raised the counties , if i had seen a navie of french or turks landing in king iohn's time : although the king had come to me and bid me quiet , because they were friends , or such as he invited in for the good of his kingdom . which from his own mouth , or under his hand , would have been no legal supersedeas to a private man , in case of such danger ; much less to a sheriff , or other sworn officer . for in such cases of apparent danger , any man that is next , may esteem himself an officer ; as , in quenching great fires , or damming out the sea. and in such , though the king himself should forbid me , or get me indicted ; i may demur , and put my self on the judges of law ; especially parliament , the most proper judges in such causes . and to lawyers i need not cite records or precedents . nor shall i need to adde , that in case of foreign invasion , or intestine motions , and breaches of publick peace , the common known laws of the land will warrant a sheriff , officer , or private man , to go over a pale , an hedge , a ditch , or other bound of a shire or county . in which our ancestors were not so ceremonious or superstitious , in case of hot pursuit , or the like : although they were punctual enough in keeping of land-marks : and in peace , in cases of real actions , and personal trials . they were very tender of those marks , in special , that bounded out shires or counties . the original of shires and sheriffs , is generally fixed upon king alfred . but the old abbot of crowland ( whence this arose ) seemeth to speak of new names , rather than things : for himself hath provincias , comites , vice domini ( though not vice comites ) of ages before king alfred . and the monk of malmsbury durst not follow ingulph in this of shires , as he doth in hundreds ; which yet ( as wapentakes ) were elder much , if we may credit tacitus . old ethelward , and the author of both the offa's ; with huntingdon , among historians ; and the lawyers old horn-book , the mirrour ; do find or make counties and counts , before king alfred . and we may go higher much , if we may trust to alfreds saxon bede , now printed , with an old saxon chronologie , by mr. wheelock . in both which we read so much of eorl , eolderman , shire-alderman , and bishops-shire ( besides shire-born ) that is , his parish : for this was the old diocess , before the novel division of parishes . and before alfred , as high as king ina. his laws , now extant , tell us of shire-men that were iudges also , ( as the old 〈…〉 nts and shireeves ) and of ealdermen that were to forfeit their shires , if they let thieves escape . i might adde the old writs of assize in st. edmund's time ; on which the great judge buildeth ( in two or three books of reports ) for sheriffs , tryal by twelve , and other things ; which might have other clearer proofs . if any would also assert such division among the old britains , he might have much from nature , in rivers or such partitions , to most of our shires ; besides the names in cesar , tacitus , strabo , ptolomy ; and besides that , which virgil himself will admit of , molmutius laws ; assigning the ways and plows for every county , which is in others ; besides monmouth or virunnius : for polydore addeth in this : which is to be marked ; besides st. edward's laws . this disgression may be the more tolerable , as that which maketh way to such elections ; as we might assert in the parliaments of those times also , were this the proper place . but to return to the militia . we have found it moulded by common consent ; and by it also committed to shireeves and other officers , known , sworn , and chosen by the people . we shall now step a little higher , that we may see how in elder times the great work of war , as well as peace , was managed . and this also we shall find entrusted to a common council . i do not deny , but the king himself hath sometimes been general of a great army ; and that legally also : for it was by consent of the people or parliament . so it was when the romans came into this island , cassibelan was king and chief commander in war : but it was by consent of a great common council ; as caesar himself observeth and reporteth : summa belli communi coneilio , cassibelano traditur . nor can it be wondered at , when their druyds grand maxime of state was this : ne loqui de republica , nisi per coneilium . not so much as to speak of a matter of state , but in or by a council . these were they that sent caesar word , they had as good bloud as lie ; and from the same fountain : having been so long acquainted with liberty , that they knew not the meaning of tribute or slavery . the british druyds moulded the gauls : cesar reporteth it , with the brag of one of them , saying , that he could call or appeal to such a great common council , that all the world could not resist it . but there were others also , besides kings , chosen by the britains to be generals ; such as old authors call principes militiae : a phrase given to divers ; two i remember , bolinus and levisham ( as now he might be called ) in the time of kimbolinus : acting by common council , as all may find that read those histories . which we may now assert , by better authors than old monmouth , though he be better also ; much better than polydore or others would perswade us . it was this great council , with the king , that treated with and against the romans in all times ; and that sought their aid at length against the picts and scots . and when the romans could not attend the britains tears , it was this council that called in their neighbours first , and friends the britains from armorica ; ( the gaulish britain ) and that before king arthur's time : of which so many authors write , that convocato clero , and primatibus communi tandem assensu mittuntur in armoricam nuncii , &c. a parliament clear enough ; yet not so clear ; as any man acquainted with those times , might prove beyond dispute . but i now must attend the militia . a parliament it was that called in the saxons ; not the king alone , but parliament , of lords and commons also ; if ( besides the crowd of all in the road ) i be not deceived by the saxon chronologie ; and gildas himself , ( whose very words almost are used by monmouth and others ; ) and by the famous nennius of bangor , who yet liveth in manuscript . he is clear enough for divers things we doubt in british stories : and for parliaments also , before the saxons setling here ; which was by act of parliament . dum conventa magna synodus clericorum & laicorum , in uno consilio & cum majoribus natu consilium fecerunt , & scrutati sunt quid facerent ; tandem concilium omnibus fuit , ut pacem facerent : postea verò conventum adduxerunt , ( here was a covenant also by parliament ) & statutum est , ut amicitia firma adjuvicemesset , &c. thus nennius , after his escape from the massacre at bangor . come we now to the saxons , setled here by parliament . in this they may seem more considerable , that by most they are made the patrons of chivalry , or tenures by knights-service : for it is now believ'd by no lawyer or historian , ( that i know ) that this came in with the normans ; although it was so thought by some . i have somewhat to say in due place , why it might look higher than the saxons ; yet i must yield , it had been but little room among the britains of gavel-kind . of which , the parliament in henry the eighth ; and more hereafter : besides all the comments upon the statute ( or rather the writ ) de militibus . none doubt but tacitus speaketh of our saxon ancestors ( or rather theirs ) in that , in their chosing kings and generals , ( reges ex nobilitate , duces ex virtute ) by common council , in iisdem conciliis , eliguntur & principes , de minoribus principes , de majoribus , omnes consultant . and that such council did both mould and manage the militia , is plain enough in the same author : who besides all matters of history , telleth us their general custom was ; not to entrust any man with bearing arms , antequam civitas suffecturum probaverit , till some common council , more or less , had approved him . for so , i may translate it to all that know , how much vrbs and civitas do differ . the tract of parliaments is visible enough in all the saxon writings here . i should be tedious in citing but one quarter of that which their laws ( yet to be found , and very good authors ) do afford in this . some have much wondred at a passage now found in the confessors laws . it is about titles ; which he saith , were preached by austin , and granted by the king ( then reigning ) and the barons , and common people : concessa sunt à rege , baronibus , & populo . a very full and clear parliament . we need not suspect or doubt it : for in those very times there were such parliaments , and such degrees . nay , caesar himself found such degrees among the britains ; a king and druyds , ( which were as bishops and archbishops , as we may clear anon ) dukes and nobles , besides the commons : so civil was our british ancestors . of whom , much more ere long . and for the very first times of christian religion ( which was much higher than austin the father , who might have been great grandfather to austin the monk ) king alfred's own laws acknowledge , that in this island the laws were then made by a common council of bishops and other wise men , or elder men of the wytan . old bede seemeth plain enough for this , in several places ; servabant reges , sacerdotes , privati ( were the commons before the lords ? ) & optimates , suum quique ordinem . and of the saxons , called in by common council , initum est concilium , quid agendum , &c. placuitque omnibus , cum suo rege vortigorno , ut saxonum gentem in auxilium vocarent . and of ethelbert ( king of all the south to the river humber ; ) among other good works ( saith he ) quae consulendo conferebat , etiam decreta iudiciorum juxta exempla romanorum , concilio sapientiunt constituit . and among other laws of his ( in the same bede ) that is one , in special , for priviledge , ecclesiae , episcopi , & reliquorum ordinum . that this might also extend to the great priviledge of parliaments , i could the rather believe , from the laws of the said king ethelbert , yet to be found in the old book of rochester ( textus roffensis ) of which , sir henry spelman ; unto whom we owe so much for all antiquities . where , after provision for the things of god and the church , ( to which st. edward's laws allude ) the next act is for priviledge of parliament , it seems ; being for the punishing and sore fining of those that should do any damage , gif kyning his leode to him gehateth , &c. and in the old chronicle of canterbury , we read of this king ethelbert being at canterbury with his queen and son , and the archbishop austin ; caeterisque optimatibus , convocato ibidem communi concilio tam cleri , quàm populi : with divers other proofs for parliaments in charters to that church , in print . and spot deserves as much . one thing i must not omit , that bede ( observing how religion was preached both to the king and to the counts , omnibus comitibus ) saith , there was a license granted for publick preaching ; but when the king and divers great men were converted and baptized , yet there was no force used to compel others to be of that religion : because ( he saith ) they were taught , that christs service must be voluntary , and not forced . but the mirrour telleth us , the king was bound to compel men to salvation . o happy men ! or unhappy king ! but the britains would not be forced from their rites by austin the monk , absque suae gentis , & imprimis senatorum suffragio : as a learned man translates king alfred's saxon bede . which is also very clear in several places , for setling of christian religion , ( when it was freely chosen ) with destruction of pagan idolatry : with lent , and other things , confirmed by divers acts of parliament in time of ercombert and king edwin ; mid his witum , & mid his ealdormanum . so is the old book of peterburgh , for a parliament or heatfield . with which we may compare somewhat in ingulph , and more in bede , ethelward , and huntingdon , about the parliaments which received and consirmed the general councils ; and that which established the division of parishes , and patronage of churches . of which , stow , and the antiquities of canterbury ; but especially a manuscript in camdridge , cited by mr. wheelock on the fourth or fifth of bede . i should not digress to sigesberts founding the vniversity of cambridge , had not king alfred himself in this , added good notes to bede . by which we may see whence he learned what so many say he did to oxford , the younger sister : for which polydore is plain enough ; besides so many better elder authors . it is also considerable , that king alfred calleth cambridge ( or grantacestre ) a city ; which bede would make a civitatula . how little it might then be made by the danes or others , i know not : but in old nennius of the british cities , i find cair granth next before cair londen . and sir simon d' ewes affirmeth it to be ranked before london , in gildas albarius , and an old saxon anonymus ; besides that of the old ( but not the oldest ) book of doomsday . nor must i omit the records of richard the first , for the customs of the city of cambridge , found by a jury in an assize of darrein presentment for the church of st. peters in cambridge . of which , the great judge in his reports or commentaries to which i might adde what the saxon chronology speaketh of grante briege , at the year , and ; where we also find an ancient military sacrament , or great oath of fealty : more to be marked , than may seem at first view . come we to the saxon laws , extant in print . they begin with king ina ; whom some will have to be a britain . but in the confessors acts , he is stiled optimus rex anglorum , qui electus fuit in regem per angelum , & qui primum obtinuit monarchum totius regni hujus , post adventum angliorum : and that himself and others of his people , matched with the britains . but per communae concilium & assensum omnium episcoporum , & principum , comitum , & omnium sapientum , seniorum & populorum totius regni . not onely a clear proof for parliaments in king ina's time , but a good comment on his laws in print : providing about matches , dowries , and women's thirds ; and all by parliament : as the proem it self expresses : beside king edward's laws . and for the saxon militia , ( a phrase used by bede himself ; nam egressi contra gevissorum gentem , omnes pariter cum suà militia corruerunt : ) king ina's laws afford us divers acts of parliament , providing against thieves , riots , routs , and all unlawful assemblies , in several degrees and branches : as also for officers of the militia ( to be ready on a great fine ) to march upon all just occasions . with which we may compare mr. lambert's custos paganus , sithecundman : which some would have to be the father to our side-men . see whithred's military dooms . egbert is by all esteemed a great , if not the first monarch of the saxons ; a great warriour ; and a conquerour : but yet he neither made or managed the militia , without a great common council or parliament . for which , besides all others , we have a clear proof in the old abbot of croyland ; to which there was a great charter confirmed , coram pontificibus , & proceribus , majoribus totius angliae : which were all together at london , consulting how to provide against the danish pirates : pro concilio capiendo , contra danicos piratas , &c. that also majores in this place , might denote some lower than earls or lords , may not onely be gathered from the subscriptions to that charter , but from bede , or other old authors that use the phrase majores , of such officers or magistrates as mayors in cities now seem to be . of which , i might give divers examples . it is worth observing , how in these danish storms , all historians make the counts , or great shireeves , to be generals or commanders of the militia . and of these , i know none more famous than dorsetshire reeve ethelhem , in the great battel of hampton , or in that about port ( of which so many write ) at the danes first landing thereabouts . danigeld is scarce so ancient : yet this also was granted for provision against danish pirates ; as st. edward's laws affirm . who first remitted this tax ( but it came up again ) about forty years after it had been diverted from its first institution ; and paid as tribute to the danes . but this was also by parliament . of which , ingulph and hoveden , with all about etheldred and edward . i must not digress to the parliament of winchester , ( in king egbert's sons ) in which tenths of lands ( as other tythes ) were confirmed for church-glebe . of which the saxon chronologie , with ethelward , hoveden , the abbot of croyland , the monk of malmsbury , and matthew of westminster , with divers others , before polydore . to which we may adde king edgar's oration to st. dunstan ; which is known enough . as also the wednesday masses , one for the king , and the other pro ducibus , &c. consentientibus : the charter being subscribed by the king , archbishops , dukes , earls , and procerum totius terrae , aliorumque fidelium infinita multitudine . i should not omit the parliaments confirming rome-scot ; much mistaken by divers . it was granted by king ina , then by offa , and again , by king ethelwoolf ; not to the pope , ( as it is generally thought ) but to the english school , or alms-house for pilgrims at rome . yet it was called peter-pence , because fixed on peters-day : a famous day in our law , as may appear by the second of westminster , and other parliaments . but it might be called peter-pence from king ina , whom ( at his baptism in rome ) the pope name peter ; as the saxon chronicles ; others . or there might be as much reason for peter-pence , as there was for peterburg ( which was medhamsted ; ) but vows might be performed or absolved here , as well as at st. peter's threshold in rome : and hence the name of peterburg . but of peter-pence , before polydore , we read in much older historians ; especially the author of king offa's life , now printed with matthew paris : beside the laws of king edgar , canutus , edmund , and the confessor ; where it is called eleemosynae regis : but in the saxon chronology , 't is kynninges and west seaxena almessan : and in king alfred's life , ( by asser menevensis ) eleemosynae regis , and anglo-saxonum : being confirmed by common assent , or parliament . i must omit the parliament at kingsbury ; where among other divers matters , a great charter was confirmed to crowland : vnanimi consensu totius concilii , pro regni negotiis congregati : subscribed by the king of mercia , archbishops , bishops , earls , &c. and among others , by off●at , who was pincerna regis ethelwoolphi , & legatus ipsius , & filiorum , nomine illorum , & omnium west-saxonum ; as we are told by the old abbot , who knew it well . i might pass over king alfred's parliaments : so the famous in all historians and lawyers . but in none i know clearer , than in the old mirrour . of which , before , for alfred and his parliaments , twice every year in london . with which we may compare one passage in the confessors laws , touching this great and old city . but of this , hereafter . this was the learned king , who perused all the old trojan , grecian , british , molmutian , mercian , danish , and saxon laws ; especially those of ina , offa , and king ethelbert : cum consulto sapientum , partim innovanda curavit , as himself speaketh . and his laws were established by parliaments , by his witan , or witena : atque eis omnibus placuit , edici eorum observatione ; as learned lambert translateth the saxon. but i may not omit king alfred's doomsday-book , made by such common council , the great roll of winchester ; which was again renewed by the confessor , and then again by king william the first ; and then also called the roll of winchester , and doomsday , as before . of which , old ingulph , with natura brevium . yet it seemeth , that before king alfred's time , there was such a doom-book made by ethelwoolf ( at the time of the church-glebe ; ) of which book , the saxon chronology , at the year . but this might rather be a land-book ( whence the phrase of booeland . ) see king alfred's will , annexed to asser. but we also find an ancient doom-book for their laws and matters iudicial . of which doom-book we read in several places of the laws of edward the senior ; strictly charging all the judges and magistrates to be just and equitable : nec quicquam formident , quin jus communae audacter , libereque dicant : according to the doom-book . and again , in edgar's laws , we find the doom-book for tythes , and the famous kyricseat . these succeeded king alfred . but long before his time , among the dooms of withred , made about the year . by the king and bishops , cum caeteris ordinibus , and military-men ( or milites ) at berghamsted ; a fine is set upon a commander found in adultery , spretta sententia regis , episcopi , & boec●-doom . i could believe king ethelbert's parliaments were authors to this doom-book . of which , the roll of rochester , tha doomas dhe athelbirth cyning ; with rihtra dooma ( in the fore-cited place of ethelbert ) in the saxon bede of king alfred . how severe his dooms were to the counts , old shireeves and iudges , we find in asser : more in horn , and his kirk-dooms in his laws ; which do also speak of kiric-ealdor , a church-elder . but again to the saxon militia . in alfred's time there was a league made with the danes : then the title was , foedus quod aluredus & guthrunus regis ferierunt , ex sapientum anglorum consulto ▪ confirmed by act of parliament . and the saxon chronologer addeth , that the dane swore to the peace , and promised to be baptized ; as he also was , and king alfred was his godfather , naming him ethelstane . some adde , a daughter of king alfred's for his wife : which may be worth enquiring , more than now may seem . the articles of this league were again renewed and enlarged by parliament , in edward the elder : a sapientibus recitata sapius , atque ad communem regni vtilitatem , aucta atque amplificata . in the preface to those statutes . in this edward's reign , there was an insurrection ; and ethelwald seized on winborn , &c. whose charge and crimes was this : that he did such an act , without permission of the king and parliament ; but an tdes kynings , leafe ac his witena . so the saxon. and malmsbury addeth , that à proceribus in exilium trusus , piratus adduxerat . but the king summons a parliament at exon ; and there , mid his witan , consulted how the kingdoms peace might be restored and preserved : orabat vehementer , & obtestabatur , ( such was his mean to the parliament ) hoc unum curent , ne quem injurià afficiant : beseeching them mainly to mind this , that they wronged none . a most pious christian motion ! and our monthly county-courts are as old as this parliament at exon. the acts are printed . but i must not digress to their ordeals , appointed there for perjury . in this kings reign the pope sent his bull to excommunicate the king and all his subjects : for that , per annos destituta fuerat episcopis , omnis regio gavisorum , id est , west-saxonum . whereupon the king summoned a parliament ; convocavit synodum senatorum gentis anglorum : as saith the monk of malmsbury . et eligerunt & constituerunt singulos episcopos , singulis provinciis gavisorum : ( for the bishops shire used to be equal to the earls , or the ealdormens shire , with whom he sate in folkmoote . ) et quod olim duo habuerunt , in quinque diviserunt . king ethelstane came next . he was the first of all the english kings that ruled over all the island , conquering wales , and regaining scotland : which being subject to england , as a dukedom thereof , was advanced to a politick and royal kingdom : as the learned fortescue doth plainly affirm . and for this , against all that buchanan writeth , i need onely refer to the authors and records cited by the great master of antiquities , with other learning , mr. selden , in his short but pithy notes on it , with hengham : to which we may adde somewhat in polydore , and the saxon chronology , from the year ; but especially from oswald's laws , and others of the famous edgar , vouching ethelstane for scotland . of which we read in many places , beside the fourth part of the great reports . but that victorious monarch suffered the scot to reign under him , saying , that it was more glorious to make a king , than to be a king. a pious prince , to whom we owe for translating the bible from hebrew ; which some think he did by some converted jews . among his laws , now extant , we find divers enacted in celebri gratanleano concilio ; where there were archiep. optimates , & sapientes , ab ethelstano vocati frequentissimi . and again at exon , we find him mid his wytan ; and their wergylds for the king , archbishop , eorles , bishops , ealdermen , and other degrees , may suffice to prove them to be acts of parliament . with those several degrees there mentioned , we may compare the laws of king edgar and canute in divers places , one of the ranks of their nobility , as a general or great commander in wars ; which may be observed for the militia . edmund succeeded ; and at london holds a parliament of clergy and laity ; ( ge godcundra , ge worulcundra : ) and again , mid witena getheahte gegodra hada gelewedra . and to the parliament he giveth solemn thanks for their aid in setling the kingdoms peace . his laws are printed . and we omit his charter to the church of glastonbury , which was made , cum concilio & consensu optimatum , as we read in malmsbury . but i must not omit that parliament of his , recorded in the mirrour ; where we find a kind of appeal , or a legal accusation of treason brought by roceline against walligrat , in full parliament , in the time of king edmund . in king edred's reign there was a parliament solemnly summoned by writ , as we read at large in the abbot of crowland . to which there was then a great charter confirmed , being drawn or dictated by turketulus , then abbot , but he had been lord chancellor . and the date is , in festo nat ' b. mariae , cum vniversi magnates regni , per regis edictum summoniti ; tam archiepiscopi , & episcopi , ac abbates , quam caeteri totius regni proceres , & optimates , londoniis convenissent ; ad tractandum de negotiis publicis totius regni , in communi concilio . edgar was a great monarch , and as great a conqueror by sea , as ethelstane by land : it might be easier to shew his four seas , of which so many speak , than to set their exact bounds . yet it may not be unworthy of our thoughts , to consider , how our ancestors did often divide the office of their admirals , usually as nature hath parted our seas ; as thinking it indeed too great an honour and a burthen , for a subject to be admiral of all the seas of such an island . but the late cardinal of france did wisely ( it was thought ) dispose , or rather retain , that office , as the best jewel of that kingdom ; which yet by sea might yield to this . but i must not digress , nor can i determine the bounds of edgar's conquest , to the north ( they say , to norway ) or the west . of which , some speak , as if they would but give us hints for farther search and queries . i dare not affirm , that in those days our saxon or british ancestors did know america . but if we may credit any records besides the scriptures , i believe or know it might be said and proved well , that this new world was known , and partly inhabited by britains or by saxons from this island , three or four hundred years before the spaniards coming thither . nay , the more i consider the discourses which did pass between the spaniards and the mexicans , the more i could believe the king himself of mexico might possibly descend from those that went from hence to florida , or rather mexico : so that we need not wonder at the british words , or beads , the crucifix , or other reliques , which the spaniards found at their arrival . and for this , besides so many other authors , we have much among the british annals . those in special left by caradoc of lancarvan , or from him , continued by the beirdhs of conwey and stratford ; gathered and translated by the learned llhoyd . to which we may adde what doctor powell hath of this out of records , and best approved british authors , in the life of owen gwyned , or david , and madoe , his sons , about the reign of king stephen . to which , at least for that which concerneth hanno , or the old navigations ( with plato's atlantis , or what else appeareth in aristotle , theophrastus , virgil , seneca , with others ) it may not be amiss to compare two late and very learned french authors of peleg , and orbis maritimus ; very worthy ( i think ) of good perusal . but to return to edgar's parliaments : how that great council did often dispose the king himself , we must discourse in a fitter place . we shall now but observe , that good historians tell us , that king edgar , by the council of the kingdom , did repeal the acts of edwin , both his brother and predecessor , convocato ad brandanfordeam regni concilio , fratris edwini acta & decreta rescindit . and the famous oswald's law was signed by this king , cum consensu , concilio , & astipulatione , archiepiscoporum , principium , & magnatum . it is printed , and found in ancient authors . king edgar's charter to glastonbury ( reciting the acts of so many kings before him ) was confirmed , generali assensu pontificum , abbatum , & optimatum : if we may believe the old monk. and the charter is to be read at large : archiepiscopis adhortantibus , consentiente etiam & annuente brithelmo fontanensi episcopo , caeterisque episcopis , abbatibus , & primatibus . and the close is , acta haec , & confirmata , apud londonium , communi concilio , omnium primatum meorum , &c. i should be unjust to our laws , if i should omit the process and plea of morgan hen , against howell dha , the good prince of wales . upon complaint , they were both summoned by king edgar , ad curiam suam ; and their pleas were pacately heard , in pleno concilio , & repertum est , justo iudicio curiae regis , quod howell dha nequiter egisset extra morgan hen , & filium sui huwen , & depulsus est howell dha ab his duabus terris ( the lands then in question ) sine recuperatione ; & postea rex edgarus dedit & concessit , hueno morgan hen , illas duas terras , ( istradum & euwias ) in episcopatu landas constituas , sicuti suam propriam hereditatem , & illas easdem duas terras sibi & heredibus suis ; per chartam suam sine calumpnia alicujus terreni hominis confirmavit , communi nostro assensu , & testimonio omnium archiepiscoporum , episcop . abbatum , comitum , & baronum totius angliae & walliae ; factum est coram rege edgaro , in pleno concilio , &c. this record of king edgar , is in codicae landavensi , fol. . i find it cited by the great antiquary sir henry spelman : and it may be compared with the monk of malmsbury , and matthew of westminster . i must not relate the visions or predictions of the fates of this kingdom , which historians record about the reign of king edgar ; they are in print , and may be read of all : besides the prophecies of both the merlins ; for the scottish merlin was fuller and plainer than the british in vortigers time : that i say nothing of cadwalladers vision , or alans council ( which was long before the other alane wrote on merlin ) or of the famous eagle of shaftsbury , that agreed with others in the britains recovering their kingdom again , after their grand visit at rome , whence they must bring cadwalladers bones . this leadeth me also to the sybils prophecy of three british princes that should conquer rome . brennus was one ; king arthur some make the second ; et quis fuit alter ? and of these sybils , or one of them , sending a book to king bladud , ( so famous for the bath , and greek-schools , or university at stamford ) the scotish merlin seemeth to have written , if among others i mistake not baleus . but of edgar's parliaments , one was at salisbury ; so we read in chaucer , or the old fructus temporum , by iulian notary at st. albans . and of another of his parliaments at bath ; the saxon chronology , at the year . his laws are now printed ; and their title is , the acts of king edgar and his parliament : mid his witena , getheate gerred , &c. here we find much considerable of thanes ; which all will have to be noble-men : but it must be with them a saxon word . and dhenian is to serve : whence the princes motto , ic dhaen . ( for so it should rather be , than in dutch , ich dien . ) but why should noble-men , or those that were the freest , have their name from serving ? here they flie to knights-service , king-service , or i know not what ; most proper , as they say , to free and noble-men . but from a judge , or fleta , we may be taught , that the saxon dhaen or thaen , is a servant ; but thayn , a free-man . and in this sence it seemeth to be used here . as also in denmark , and ireland . nor did the britains differ much ; whose haene or hane , is an eldar : ( although hyne be sometimes used for a servant . ) and so the irish tane is elder ; whence their tanistry or eldership : ( the cause or sad occasion of such bloudshed . ) these british hanes , the saxons in compliance , called ealdermen : ( st. edward's laws afford so much ) and it may be thanes ; although with them they had the name of greeues or graves , suiting well with elders , hanes , or senators . with which we may compare the phrase of seniores , which we read so oft in gildas , nennius , monmouth , and others of the british and first saxons times in britain . i should be tedious in but glancing over the acts of parliament in edgar's time . that of the standard at winchester is considerable ; and that of one coyn through all the kingdom . the mirrour is plain in making it an act of parliament , in saxon times , that no king of this realm , should change his money , or embase , or enhanse it , or make other but of silver , sans l' assent de tout ses counties . which the translator is bold to turn , without the assent of the lords and all the commons . we may not omit the act against unjust judges , or complaints to the king , except justice could not be had at home . for which also , the hundred-courts were again confirmed , and the grand folkmootes , or sheriffs turnes , established by act of parliament . of which and of their relation to peace and war , more in edward's laws ; which may afford a comment for the saxon militia . i need not speak of the parliament at calna ; it is famous enough ; where , considentibus totius angliae senatoribus , the roof fell down , and hurt them most , but st. dunston . of which , wigornensis , iornalensis , malmsbury , matthew of westminster , and so many others may be cited . king ethelred's laws have this title in lumbard : sapientum concilium quod ethelredus rex , promovendae pacis causa , habuit wodstoci merciae , quae legibus anglorum gubernatur : aefter aengla-lage , post anglis lagam ▪ as an old author turneth it . in those acts , we read of ordale sythan the gemot waes aet bromdune ; post bromdune concilium : it seems a parliament . and again , iussum ac scitum hoc nostrum , si quis neglexerit , aut profuâ quisque virili parte non obierit , ex nostra omnium sententiâ regi dependito . by which it appeareth to be a parliament , and not the king only that made those laws . that which sir henry spelman calleth , concilium ae 〈…〉 e generale ▪ was clearly one of king ethelred's parliaments : and the very title is , de witena ge●ednessan , and tha geraednessa the englaraed witan gee 〈…〉 &c. and divers chapters begin , witena geraednesse is , enacted by parliament . and the old latin copy of this parliament , telleth us , that in it were , vniversi anglorum optimates ethelredi regis edicto , & convocato plebis multitudine collectae regis edicto . a writ of summons to all the lords , and for choice of the commons ▪ a full and clear parliament . in this parliament were divers acts for the militia , both by land and sea ; ( as most parliaments after king edgar : ) and among others , for castles , forts , cities , bridges , and time of the fleets setting out to sea. it is made treason for any to destroy a ship that was provided for the state-service : navem in reipublicae expeditionem designatam : as a learned man translateth the saxon. and no souldier must depart without leave , on forfeit of all his estate . none may oppose the laws , but his head , or a grievous mulct ( according to the offences quality ) must recompence . it was here also enacted , that efferatur consilium quod populo habeatur utilissimum . and again , in rem totius patriae . and that each should do , as he would be done to : which it calleth , the most right law ▪ and that the higher and greater men the delinquents were , by so much the more and heavier they should be punished . of which , and of their wergylds , for all ranks of men . again , iniqua omnia , & injusta , quae rex unâ cum optimatibus , exterminare decreverit , abjiciantur , &c. that about this time , danegeld came to be paid to the danes , ( which was before against them ) is agreed by all . malmsbury is bold to ascribe it to a decree of the archbishop of canterbury ; but huntingdon may be his comment , telling us , that consilio infausti siricii archiepiscopi , edelredi . primum statuerunt angli , quod ipsi censum dacis persolverent . a clear act of parliament . of which also , florence of wygorn . and again , anno . rex & senatus anglorum dubii quid agerent , quid omitterent , communi deliberatione , gravem conventionem cum exercite fecerunt ; & ad pacis observationem l. ei dederunt , &c. this also from huntingdon . and among the saxon laws , we read , foedus quod ethelredus cum exercitu anlavi , &c. ex sapientum suorum consilio feriit . and again , pacis foedus ethelredo regi , & omni populo , leodsayre . and again , socii ac foederati nostri , omnes per mare & terras , in portu , & extra , pace fruuntor . with divers other passages of peace and war , setled by that parliament . iornalensis addeth another parliament in this king's time : apud habam , & constituerunt omnes , ut regi suo pareant , sicut antecessores sui melius fecerunt , & cum eo pariter , defendant regnum , &c. & ut cantetur quotidie pro rege , communiter & omni populo suo . and again , prohibemus omnem roboriam , &c. & omnis index iustus misericordiam & iudicium liberet in omnibus ; timeat omnis iudex , ac diligat iudicem suum , ne in die iudicii mutus fiat , humiliatus , &c. nor may i forget the famous judgment for the bishop of winchester , by the thanes and ealdormen , in the witenagemote ( or parliament ) of eldred : quo dum duces , principes , satrapae , rhetores , & causidici , ex omni parte confluxerant . of which , the old book of ely , cited by mr. selden in his titles of honour . and for the militia , roger hoveden is very clear and full , at the danish irruptions : qua recognità , rex anglorum egelredus ( his names are many ) suorum primatum consilio , & classem , & pedestrem congregavit exercitum . and again , habito concilio cum regni suis primatibus , utile duxit à danis dextras accipere , stipendium dare , & placabile tributum solvere . and again , primatum suorum concilio , nummos ad danos , &c. and again , rex & regni sui primates , ad illos ( danos ) miserunt legatos , pacem ab iis petentes ; stipendium & tributum eis promittentes . so is old florence of worcester : consilio iussuque regis anglorum aethelredi , procerumque suorum , de tota angliae robustiores , lundoniae , congregatae sunt naves . and again , procerum suorum consilio , ad eos ( danos ) legatos misit , promittens tributum & stipendium . and again , omnes angliae primates utriusque ordinis ante pascha lundoniae congregati sunt , & ibi tamdiu morati sunt , quousque tributum danis promissum , quod erat l persolveretur . and again , cum apud oxonefordam magnum haberetur placitum &c. eodem tempore canutus cum magna classe , &c. eadmundus clito magnum congregavit exercitum , &c. so is matthew of westminster ; adding much to those before him , and ascribing that bloudy council of the danish massacre to one huna , princeps militiae , qui sub rege , regni negotia dispondenda susceperat ; cujus consilio , misit litteras rex in omnes regni fines , mandans nationibus singulis & universis , &c. of which , st. edward's laws . but oxoniense placitum , is in florilegus : magnum apud oxoniam colloquium anglorum pariter & danorum . and so the old glossary of canterbury tenders gemot by placitum ; and fologemot , by populi placita . so also , law-mootes , are placita : magnum placitum ; the great folo-mout , or parliament ; as comitatus placita , with matth. paris , county-courts : parva placita , oxford parvises . i must not stay long on the acts of parliament which angles kynnes witena made and established , cum walliae consiliariis de monticolis : where , among other things , we find it enacted , that viri duo denijure consulti , angli sex , wallique totidem , anglis ac wallis jus dicunto . with which we might compare our laws , de medietate linguae , &c. but for our trials by a jury of twelve , we have a much clearer law in another parliament of ethelred ; frequenti apud wanalingum senatu . of which , iornalenfis , and mr. lambards glossary . in singulis centuriis comitia sunto , atque liberae conditionis viri duodeni , aetate superiores , una cum praeposito , sacra tenentes iurante , se adeo virum aliquem innocentem haud damnaturos sontemve absoluturos . an old mss. thus : habeantur placita in singulis wapentakis , ut exeant seniores xii . thani , & praepositus cum eis , & iurent super sanctuarium , quod eis dabitur in manus , quod neminem innocentem velint accusare , vel noxium concelare . but of more ancient tryals by twelve , in fitter place : although i must not spend time to confute the italian , who will have that terrible custom ( as he thought ) brought in by the conqueror . the proofs of parliaments in canutes time , are so many , and so full , that they tire us altogether . how he confirmed the laws of ethelred and other predecessors , we read in the monk of malmsbury , who recordeth also his remarkable letter from rome , directed to the archbishops , bishops , &c. primatibus , & toti genti anglorum , tam nobilibus quam plebeis . as also his charter to glastonbury : cum concilio & decreto archipresulis edelnothi , simulque cunctorum dei sacerdotum , & consensu optimatum . hoveden in full , in this also . cujus ( edmundi ) post mortem , rex canutus omnes episcopos , & duces , necnon & principes cunctosque optimates gentis angliae , lundoniae congregari iussit . a clear summons of parliament . and the very name of parliament , is found of his time , in the old book of edmunds-bury : rex canutus anno regni quinto , &c. cunctos regni sui praelatos , proceresque , ac magnates , ad suum convocans parliamentum . and again , in suo publico parliamento . and that it was indeed a full parliament , we may believe from the persons we find there at the charter of that monastery , confirmed by hardi-canute ; but granted by canute , in suo publico parliamento , praesistentibus personaliter in eodem archiepiscop . episcopis , suffragenis , ducibus , comitibus , abbatibus , cum quam plurimis gregariis militibus , ( knights of shires , it seems ) & cum populi multitudine copiosâ ( other commons also ) omnibus tum in eodem parliamento personaliter existentibus . and the title of these acts is , statutae canuti , regis angl. dan. norw . venerando sapientum ejus concilio , ad laudem & gloriam dei , & sui regalitatem , ( reipub. utilitatem ) & commune commodum , habita in s. nat. d. apud winton , &c. this i find also cited by the great judge in one part of his reports ; but fuller , by sir henry spelman . it would be tedious and superfluous , to cite the authors that assert , he did confirm king edgar's laws in full parliament . for which we might produce some better , or at least much older , than good bale , or grafton . many of his acts of parliament are printed : consultum quod canut . angl. dan. norw . rex sapientum concilio wintoniae sancivit . here allegiance or fealty setled by parliament , and afterwards , praecipimus uniuscujusque ordinis singuli , muneris atque officii sui religionem diligenter , cauteque teneant . and among other encouragements to chastity , this is one , that such chast men of god should enjoy the same rights or priviledges with thanes : ( and ethelstane's laws do equal priests with thanes ) but there are two or three degrees of thanes in these laws about the hereots : for the eorles and thanes , &c. much to be marked , as pertaining to the militia . for which , and for all canutes laws , the old mss. huntingdon , is worth perusal . again , we find other statutes , civil or politick , sapientum adhibito consilio , mid , minan witenan raede , that man heald ofer eall englaland . with provision against thieves , robbers , for the peace , hue and cry , &c. there are statutes also for repair of burgs and bridges : scyrforhinga ; praefidii fiat apparatus terrestis ac maritimus , quoties ejus muneris necessitas reipublicae obvenerit . and presently after , quae ad reipublicae pertinent vtilitatem . among the crown-prerogatives , violata pacis & divitatae militiae mulcta . sheriffs turns , hundreds , and tythings , are here confirmed ; and the twelve-year-old fealty , with views of frank-pledge . but this oath was to the kingdom , rather than to the king : fidem det omni se in posterum aetate , tum furti , tum furti societate & conscientià temperaturum . again , of passing ordeals , sythan tha gemot waes on winceaster ; since the parliament at winchester ( this being at oxford : ) at after , iussum vero ac placitum hoc nostrum , si praepositorum aliquis incuriâ omiserit , aut exequi aspernabitur , ex nostrà omnium sententia , regi s. dependito . a clear parliament . si quis alium injustè , armis spoliavit , eam quae est loco colli obstricti , mulctam dependito healsfange . it is also in the same laws , the punishment of false witnesses . some think it the pillory , some worse ; as the original of that proverbial letany , from hell , and from halefax . see k. hen. laws , and helfang . si quis in militiâ ( perfectione militari ) pacem violaverit , vita , vel weregild mulctator : si quid rapuerit , pro facti ratione , compensato . si quis pensionem ad oppida , pontesve reficiendos denegarit , militiamve subterfugerit , dato is regi s. again , in those statutes , the king must live upon his own feormians ( or farms ; which in saxon , afford all needful for man : ) and none may be compelled to give him any maintenance : that the folk be not burthened . it is the th chapter . loss of dower or joynture to widows marrying within twelve months , might seem hard ; but so long she need not pay any heriot . and the same laws free the wife from her husbands theft , although found with her ; except it be lockt in her hord , chest or tyge , ( dispensae , arctae , & serinii ) of which that law giveth her leave to keep the keys . but ina's laws are hard , concerning children . again , for the militia , he that in sea or land-fight ▪ leaveth his lord or comrague ( & felugo ) must die as a traytor ▪ his boocland to the king , other 〈…〉 estate , to his lord. but of him that dieth fighting with his lord , without any heriot , the heirs may enter , and scyftan hit , swithe righte . of this shift-land and gavelkind , lambard in terra & scripto , perambulation of kent , and spot of canterbury ; besides several acts of parliament , in edw. . edw. . and hen. . if celeberrimus ex omni satrapia conventus , ( which is there , and by king edgar also , to be twice a year , or oftner ) be parliament , as such great men have thought ; then have we much here also for power and priviledge of parliament . nay , more indeed , if it were but the grand folemoot or sheriffs turn , so much below a parliament . he that in such a grand moot had defended and maintained his right and plea to any land , is there setled without dispute , for his life , and his heirs , or assigns , as his will should dispose : chapter . and again , for priviledge of parliament ( or yet lower ) sive quis ad comitia profiscator , sive revertatur , ab eisdem , ( from gemote , or to gemote ) placidissima pace fruitur , nisi quidem furti fuerit manifestus . theof , thievery , founded more with them , than now with us . for their twelve-year-oath ( of which before ) at frank-pledge , was onely against theof ; which yet seemeth to intend all above it : for what forbiddeth the less , forbiddeth the greater much more . one thing more i may observe ; through all these and other old laws , there is still so much religion and plain-hearted simplicity , with piety , expressed , that it shews our ancestors had not yet learned to be ashamed of their god , or of looking towards heaven . i have been the longer in these , that so i may be the more brief in those that follow : for by this time i am come to the laws of st. edward , as he is called ; and i should mispend my own time , and abuse others , in vouching all the demonstrations of parliaments in his time . his charters to westminster are near enough , and may be known of all : wherein he confesseth his resolutions for going to rome . but , optimates , communi habito concilio , rogabant me , ut ab intentione desisterem , his vows made him more pressing , than else he should have been . but these also his parliament undertook to satisfie ; et tandem , utrisque placuit ( so he speaks ) ut mitterentur legati , &c. while these stayed at rome , procuring his absolution , a vision to a monk commandeth repairing ( or refounding ) of st. peters westminster , as antient as austin the monk. ( i cannot omit a passage in one of the popes letters of that time , telling the king , that he must expect great motions and alterations : for the world was near its great change ; and the kingdom ( which he calls , sanctorum regnum ) foretold in the scripture , was coming to begin , and never should have an end . ) king edward refers it to the parliament ; and at length , cum totius regni electione , ( they are his own words ) he sets upon the decayed minster : which he rebuilt , ( with the tenth of his whole estate ) and there reposed the reliques ( which the popes gave to king alfred at his consecration ) with this grand priviledge of refuge and pardon , to any that fled hither , for treason , or any other crime whatsoever . another charter he granted to the same minister : cum concilio , & decreto archiep. episcop . comitum aliorumque meorum optimatum . and a third charter addeth , aliorumque omnium optimatum . and a little lower , coram episcopis , abbatibus , comitibus , & omnibus optimatibus angliae , omnique populo . a very clear and full parliament . his laws are in print . i must not so much as glance , but as he that followed the great king so swiftly , that his steps could not be seen upon the sand. may not his third chapter extend to priviledge of parliament ? ad dedicat. ad synod . ad capitul . venient . si summoniti sint , &c. sit summa pax. hoveden will help sometimes for a comment . that of out-laws should be explained . it is , ore lagali regis ; which is , per iudicium coronaterum ; or in the great and old city , per iudicium recordatoris . see king ethelred's charter to vlfrie , of the lands of ethelsig , outlawed for theof . rep. part . pref. but of woolff-head , and the outlaws being slain upon resistance , i have spoken already . as also of tythes , and king ethelbert's parliaments in these laws mentioned , and of rome-scot , danegeld , and weigrylds . but of these , again ere long . of the kings duty and oath , we must speak more in due time . of his pardon , before , as it might stand with the oath of his crown . here also we find , that when his pardoning power was largest , yet it could not reach to murder or treason , or other crimes , but so as they must abjure : and if they stay and be found , any might do iustice on them , without iudgment . it is the th chapter . somewhat we said of degrees , or counts , earls , thanes , or barons . the phrase doth here occur ; but of elder times by much , nay , long before king ethelbert's barons : if we may believe historians . but of this , again in due time . of the iews , also before iudaei , & omnia sua regis , seemeth hard ; but it had a gentle comment in succeeding times , and here also they must be defended : sub tutela & defensiones regis ligeà . the phrase may be remembred , till we meet it again : king iohn did but confirm king richard's charter to the iews . see hoveden and matthew paris , of richard and iohn , walsing . edw. . & neustria . pax per breve regis , is a short expression ; but it might have a long gloss , and be compared with all our books ; laying this for a principle or foundation of law , that writs were made by parliament ; and without such common consent , could not be changed . of which , the mirrour , bracton , fleta , divers others . but of another breve de pace , before the combat , in right or assize , glanvil , hengham , and the register . of frank-pledge , tythings , counties , hundreds , and wapentake , somewhat before . this law may fill up lipsius on his tacitus : nor is it useless for the militia . hac de causâ , totius ille conventus dicitur wapentac , eo quod per armorum ( i. e. weapun ) tactum , ad vincem confoederati sunt . there is an old comment on that , de moribus germanorum ; that may help and please in all , of hundreds , wapentakes , cities , counties , with counts or eolders : of which before , in state and church . but to these of the church , i did not then adde their power and custom of healing the sick , by anoynting them . for which , the saxon canons of aelfrick , may be perused . in this chapter of greeves , with the appendix de heretochiis , we may see the whole model of the old militia ; with the power of headboroughs , constables , bayliffs , aldermen , sheriffs , lieutenants , or generals , all the greeves both in the gree and vae , peace and war : for so the law is pleased to criticize ; and for peace we do agree . the law is in print , and may be read of all ; in which it is so clearly stated and asserted by these laws . i should do wrong to take them in pieces . not onely in matters of common justice , or serving of writs , or petty cases of peace , as some have pleased to express it ; but when any unexpected doubtful mischief ariseth against the kingdoms ( or against the crown ) nay , when it proceedeth so far as to war , battel , or pitched fields , the heretoches must order the war ; ordinabant acies , & alas constituebans , prout decuit , & prout eis melius visum est , ad honorem coronae , & ad vtilitatem regni . and lest yet there might be any mistake , the same law telleth us , that those heretoches , ( ductores exercitus , capitales constabularii , vel mareshalli exercitus ) were and still ought to be , chosen per commune concilium ( by common council ; ) and for the common good and profit of the kingdom , even as the sheriffs ( saith that law ) ought to be chosen . again , the former laws are renewed for those that flie , and those that die in the war , and of their heriots ; which here are again remitted , with all relief . of which , before . i am the longer in this , because it was this very chapter which has been so strangely cited ; and that also from a place as much suspected , as any of all these laws : which i do ●ot speak as if i thought they might not be strongly asserted ; even there where the oldest copies are defective . and for one instance , of many , i might produce that piece about the kings oath ; which is cleared not onely by the mirrour , and divers others , but by another passage in the oldest of these very laws themselves ; by comparing it with what is there said of king edward 's own oath to his kingdom . of which , much more hereafter , on occasion . to that of king arthur's , king edgar's , and king ethelstane's conquests , much might be added ; in special , touching scotland : of which , before . and now i adde , that what is here ascribed to eleutherius , may be much asserted and enlarged from those that have clearly stated the bounds , extent , and jurisdiction of the province and diocess of york : for to it belonged ( as i find in a very good author ) all the church of scotland , long before it was divided into modern bishopricks . that of norway , and their affinities with england , and oath of fealty , may now be little worth ; but in this that is added at the close of that law , so did king edward establish : per commune concilium totius regni : by the common council of the whole kingdom , or by parliament : which may well be added to each and every of those statutes . how the militia was ( on particular persons or places ) assessed by common assent , hath been observed and cleared already . i shall now only adde this , that when such assessments were made by common council , it was then no more in the kings power to release them , than it was to impose them before , or without such common assent . for this , might be cited in more than an hundred charters , to religious houses , and places of greatest franchise ; in which there is such an usual exception to the trined-necessity , of military expedition ; castle ( or burgbote ) and bricqbote : for here also , as with the romans , they were especially pontifices . and where-ever these are found released , as to peterburg , canterbury , westminster , but especially to glassenbury , the first and oldest church in britain : fons & origo , totius religionis . it may be a clear demonstration of the parliaments assent to such a charter . for otherwise they could not be dispensed with by the king , as we may find expressed in divers charters ; as in those of crowland : which yet had great immunities . and of that restriction , matth. paris may afford us the true reason , because those three were setled for the kingdom : propter publicam regni vtilitatem , ut per ea resisterent hostium in cursibus . and k. william's laws , castel . & burg. & civit. fundatae & aedificatae ad tuit . gent. & popul . regni , & ad defens . regni & idcirco observari debent cum omni libertate , integritate & ratione . private castles for habitation , may be given in dower , and divided by pacerners ; but so may none for publick defence . yet of such also , may a man be tenant by the curtesie , being able to guard them for publick service of the common-wealth . one grand objection must be removed ; but we need not fear it : for it will flie or run away of it self . 't is that of the conquest , as many are pleased to call it ; not attending how little in this they be the kings friends : for if this were his onely or his main and best title , there might be found in future ages , some that may come to think it as lawful to conquer him , as it was or could be , to conquer them . it must be considered : for if the foundation be not sure and low , the higher the building is , the nearer its fall . and it hath been observed , that the higher skale ( got up by accident ) is more ready to pop down again , than it was before while it hung in due poize . it seemeth a great weakness , to be apt or prone to suspition : and therefore i shall not say i do suspect some that are most zealous for prerogative , or the title of conquest , to be least acquainted with the laws or histories of england . but i cannot be wholly free from wonder , that any lawyer or historian that was friend to the king , should be passionate in these , which were so clearly quitted by that king whom they call the conquerour . he stood on stilts or patents , or pantofles ; but on plain english ground , with two feet , as other men . the left and the weakest was succession to edward , whose kinsman he was , and heir by will ; as appeareth by divers passages in these very laws of saint edward , and william ; which may be seen and read of all . but the right leg , with the strongest and best foot he had to stand upon , was the peoples assent , consent , acceptance , and election ; which we shall yet more fully clear , when we discuss the right of succession or election to this crown and kingdom . but for the present , it may suffice to observe , that all these laws we now have of king edward's , come to us through the hands , and grant , and confirmation of king william the norman ; and no otherwise . which i need not prove to any that have either read or seen the laws themselves , of which we speak . for in the very title and preface thereof ( besides divers other passages in them ) all this , and much more , is fully related and recorded . for it is there also further added , that all those laws were so presented to the said king william , by a sworn iury out of every county : who did also assert , that these which they did present as the laws of st. edward , were the undoubted laws and customs of the kingdom , that had also been collected into a body by king edgar , and continued ( though sopite ) through the troubles of succeeding kings , till edward had the leisure to renew or rather confirm what was the law before . nay , when among all those laws king william did most encline to those which came from norway ( whence his ancestors and lords had issued forth , and where a bastard might inherit ) all the patriarchs of england , compatriotae regni , qui leges edixerant , did so move and press him ( with such arguments as may again be well considered ) that at length in parliament , concilio habito , precatis baronum ; the king himself consented as they did desire . this is expressed in his own laws . and by his own desire , the archbishop of canterbury was one of those entrusted with enrolling or recording of those laws : which to that very king , and to his successors to this very day , became one special clause of the coronation-oath : which was , to confirm all the laws and customs of the kingdom ; but especially the laws of st. edward , called the confessor . and one of king william's own laws is , that all men observe and keep the laws of king edward in all things : adauctis his quas constituimus , ad vtilitatem anglorum . if this be not yet clear enough for the laws themselves ( which are now extant , and may be read and known of all ) we might confirm it much by ingulph , living at the same time , and bringing those laws with his own hands from london to his crowland , with such an endorsement or title of his own making : leges aequissimi regis edwardi , quas dominus meus inclitus rex willielmus autenticas esse , & perpetuas , per totum regnum angliae , inviolabiliterque tenendas , sub poenis gravissimis proclamarat : & suis iustitiis commendarat , &c. he was like enough to know it . and the old book of litchfield , cited in the great reports ( besides that of the iury from every county ) addeth also , that the same king william did by the counsel of his barons , call by writ of summons ( summoniri fecit ) all the nobles , wise-men , ( elders of the witan ) and learned lawyers in each county . and in that great parliament , ad preces communitatis anglorum , rex acquievit , &c. confirming all by common council . this of litchsield is now printed in several places ; and roger hoveden agreeth in henry the second . nor did he onely confirm , but in some things mitigate ; and in divers , explain and clear what might seem obscure or heavy to the people : ( ad vtilitatem anglorum . ) his laws are now printed , both with mr. selden's notes on eadmerus , and with mr. wheelock's impression of the saxon laws and history ; with a very good preface of sir roger twisden . they do oblige us much , that love and clear our laws , so far as just and good . what emendations and additions king william made to st. edward's laws in this also of the militia , we have observed before , at our unexpected enterance on this question . which was not at all intended , to be once , so much as touched , but in one parenthesis : which was past recovery , before this discourse was so much as designed . but now having wandred so much , and so far , ( beyond my own purpose , as well as my subject , ) i could almost , be perswaded , to step a little further ; and to touch ( i must no more , ) upon some few passages ; between the conquest , as they call it ; and the barons of wars : or the time of the great charter . for , since that time , the rolls and printed acts , are every where ; much larger , and much better , than my little reading or my leasure , can present them . two words have sound of horror , to the people ; who are taught , to think them both , oppressions , and the sins of him they call the conqueror . dane-geld ; and the book of dooms-day . ( some have added curfeu , with i know not what , to make poor children quake . ) these , have been proved , to be long before , the normans coming in . to that of dane-geld ; i may add , that good king edward , did also retain it , to his coffers ; ( when the danish storm was over ; ) till he saw , the devil dance upon it : as the crouland abbot doth record . but it did rise , from one , to three , to four , to six shillings on the hide ; but so , by parliament : as may be much collected from the th chap. of king edwards laws ; compared with florence of worcester , hoveden , huntingdon , math. paris , and math. of westminster , besides some others , which we must produce e're long . and ( to say nothing of eleemosyne pro aratris ; of which canute and ethelred : ) it is clear , in king ethelstanes laws ; that single hides ( or ploughlands ) in england , were to maintain two horsemen , with arms ; by act of parliament . ( and this was more it seems , than ever was king williams hydage ; or dane-geld . ) which may be added to king ethelstanes militia , as also , his doom book ; ( for all judgments in one form ; of which his laws speak , ) to what is said , of booca doom . but to king williams doomsday , i shall now , add , ( to what before , ) that besides the mirror , and fitz-herberts , n. b. with the old abbot of crouland . there is enough , in every segment of that roll , to make one know , it was a review ; and little but a review of what was done before . they do abuse us else , that bid us read , the t. e. r. in all that roll , tempore edwardi regis ; plain enough , sometimes , without all divination . that it was , also confirmed by parliament ; may be clear enough from the many exemptions a servitio regis , and a vice-comit . nay to some inferiour places ; as ely and worcester : besides old crowland : which was not exempted from such service , till the latter saxon , or first normans time ; though ingulph spake of divers ethelreds . but the same abbot , will tell us , that this doom book , was now , also made ; juxta taxatorum fidem , qui electi de qualibet patria , &c. and that his taxors were both kind and merciful ; non ad verum pretium , nec ad verum spatium , &c. so preventing future burthens and exactions . talem rotulum , & multum similem ediderat quondam rex alfredus , &c. but alfreds own will , seemeth to carry it higher . nor was ingulph's favour at the court , altogether useless ; for , by that , we come to know , that our norman king , even in little things proceeded by a great councel . so , that our abbots charters , must be viewed by parliment . coram domino meo rege , ac universo concilio , &c. thence he brought st. edward's laws ; as was observed before . huntingdon and matthew paris , with matthew of westminster , spake of his hydage and dooms-day ; as done with great advice , and justice . misit iusticiarios per unamquamque scyram , & inquirere fecit per jusjurandum , quot hydae ( i. e. jugera , uni aratro sufficientia per annum ; ) essent in unaquaque , &c. nor are they wholy silent , of his parliaments , cum de more , tenuisset curiam suam , in natali , ad gloucestriam , and again , at winchester , the like at london , in another season . tilburiensis telleth us , that mony was paid , to the crown , by cities , and castles , that used no tillage : but from the land ( or farms , ) only victuals , till henry the first . and when the kings foreign wars , did make him press for ready mony , the people murmured ; offering their plowshares . horum igitur querelis inclinatus rex , by advice of his great council , ( definito magnatum concilio ; he sent out discreet , prudent men ; that upon view of all the lands , should assesse the sums , which the sheriffs were to pay into the exchequer . this gervase lived a while after king william . florence of worcester , near his reign , he telleth us , of a great councel , at winchester . and again , of another , at a place called pedred ; not only by the king , arch-bishops , bishops , earls , but also , primatibus totius angliae , a full parliament ; for which , florilegius , and walsingham , newstria , may be considered , with hoveden , following wigornens . that in his reign there was an high constable of england , ( ceasing in henry the eight ; appeareth by the parliament rolls of edward the fourth : ( but alfigar in the book of ely , was such ; in st. edwards time , ) and to him , some ascribe , the constable of dover : with the warden , and priviledge of the cinque ports ( with their hamlets , or circuit ; including rye , and winchelsey . ) but all this speaketh parliament , as doth also , his new church priviledge : communi concilio archiep. episcop . abbat . & omnium principum regni mei . yet to be seen , not only at sir robert cottons jewel house , but among the rolls with king richards charters , for the dean and chapter of lincoln . this exemption of the church from seculars , &c. is the more considerable , because it came up with the norman king ; at the time of hildebrand , whose letters missive came hither , ad willielmi regis concilium . and that this councel , was a full parliament ; appeareth , by the charters ( as i may call them ; ) of the arch-bishop of york , ex praecepto papae gregorii . and confirmatione domini willielmi regis , sub testimonio universalis anglorum concilii , &c. of which roger hoveden is clear , telling us also , that this king summoned , the arch bishops , bishops , abbots , counts , barons , vice comit. cum suis militibus , were these knights of shires . to this i may add ( from the continuer , of the saxon chronology ; ) that lanfranc , came hither from caen , ( on the kings call , and the popes command , ) & primatum regni anglorum in ecclesia cant. suscepit ; eligentibus eum senioribus , cum episcopis , & principibus , clero , & populo angliae , in curia regis , a very clear and full parliament . nor may i so wrong our common law , as to detain that antient record , which the great judg in his reports citeth ; of a writ of right , brought by this lanfranc ( against odo bishop of bajeux ; ) and removed by a toll , into the county court , where the king commanded all the good lawyers , to attend the county ; & a toto comitatu , recordatum atque judicatum est ; that as the king held his lands , in his demesn ; ( in dominio suo ; ) so was the arch bishop , to hold his , omnino liberas & quietas in dominiquo suo ; ) which judgment was afterward confirmed by the king and parliament , cum consensu omnium principum suorum . with which record , i may compare the old manuscrips in bennets coll. cambridge ; telling us , of a great moot ( magnum placitum ) in loco qui dicitur pinenden ; in quo lanfrancus diratiocinatur , and the conclusion , that he was to hold his lands , and customs , by sea and land ; as free , as the king held his : ezcept in three things ; si regalis via fuerit effossa ; arbor incisa juxta , super eam ceciderit , si homicidium factum & sanguis in ea fusus fuerit ; regi dabit , alioquin liber a regis exactoribus . in the same author , were read , of a great counsel at london ; in that normans reign , and of another at glocester ; where the arch bishop of york , ( jubente rege , et lanfranco consentiente , ) did consecrate william bishop of durham ; having no help ( adjunctorium , ) from the scottish bishops , subject to him : which may be added to that before , of scotland , belonging to the province or diocesse of york . nor can i abstain from the next paragraph , in the same author , how lanfranc did consecrate donate ( a monk of canterbury ; ) ad regnum dubliniae , at the request of the king , clergy , and people of ireland . petente rege , clero & populo hiberniae , which with divers others , might be one argument , for the antiquity of irish parliments , and their dependance on england , long before king henry the second . for which i might also cite king edgars charters , oswalds law ; and divers historians of his times . but the charters mention dublin it self ; and yet our lawyers , are so courteous as to free ireland from our laws and customs , till towards the end of king iohn , and some of them conjecture , that the brehon law , came in again , and that our parliament , obliged them not till poynings law in henry the seventh . but to return to our norman king. i need not beg proofs of parliaments , in his time ; at least not to those , who know the priviledge of antient demesne , which therefore is free , from sending to parliaments , and from knights charges , and taxes of parliament , because it was in the crowns , not only in king william , but before him , in king edward ; and the rolls of winchester , for which , the old books are very clear , with divers records , of edward the third , and henry the fourth : besides natura brevium , that i say nothing of the old tractat. de antiquo dominico , which is stiled a statute among our english statutes . and besides all the late reports , or records ; i find it in the year books of edward the third , that he sued a writ of contempt , against the bishop of norwich , for encroaching on edmondsbury , against express act of parliament : by king william the conqueror , and by the arch-bishop of canterbury , and all the other bishops , counts and barons of england . it is of ed. . mich. fol. . title . contempt , against an act of parliament . this might well be one of the reasons , why the great judge , giveth so much credit , to the old modus of parliament , as it was held in the time of king edward the confessor , which as the antient copy saith , was by the discreet men of the kingdom , recited before king william the norman , and by him approved ; and in his time used . i have cited it before , and compared it , with irish modus : which my much honoured friend mr. hackewil , one of the masters of chancery , hath under his hand attested ; from the great seal and charter of henry the fourth , ( which himself hath seen : ) reciting a former charter of king henry r. angliae & hiberniae conquestor , & dominus who sent , the same modus into ireland . where himself or his son ( iohn sans terre ; ) had no great work to reduce them , to the civility of parliaments : to which they had been long before accustomed , and the roll saith , communi omnium de hibernia consensu , teneri statuit , &c. nor doth the division of the irish-shires seem so lately setled , as some have thought ; although i may not dissent from the great patron of civill , and ecclesiastical learning , the late primate of ireland . touching that irish modus , i have very little to add , to the fourth part of the great institutes : in several places . i shall now , only observe , that both these , old modi of parliaments do agree ; in this custom of the kingdom ; that the king should require no ayd , but in full parliament ; and in writing to be delivered to each in degree parliament . and both they agree , that every new , difficult case of peace ; and any war emergent , within , or without the kingdom , ( vel guerre emergat , in regno vel extra , ) ought to be written down , in full parliaments ; and therein to be debated , which may be considered , by all that will argue the militia . to which also we may add , one clause of the jewish laws ; of their great sanhedrim , to whom , they retain the power of peace and war ; especially where it is arbitrary , and not meerly defensive , in which the law of nature maketh many magistrates ; and this might with ease be confirmed , from the laws and customs , of all civil kingdoms in all ages . but i must not wander , from our english laws . i had almost forgotten that , which should be well remembred . although many would perswade us to seek our laws in the custumier , of normandy ; it is not only affirmed in the great reports ; but also asserted by guil de rovell alenconien ; ( and proved by divers arguments ; ) in his commentaries , on that grand custumier ; that the normans , had their chief laws from hence . as had also the danes ▪ in the time of canute , for which , we might have more proof , and witness , than the abbot of crowland . so much even strangers did love and honour old english laws . of king william the second , ( sirnamed rufus ? ) i shall speak but little ; for i must discuss his election , and coronation oath ; in a fitter place . some footsteps we find of his parliaments ; in divers : wigornensis and hoveden tell us , that when he would have constrained the scottish king ; ut secundum judicium baronum suorum , in curia sua , rectitudinem ei faceret ; malcolm did refuse to do it , but in the confines , or marches , where ( he could not deny ; ) but the kings of scotland , were accustomed , rectitudinem facere regibus angliae . but he then said , it ought to be , by the iudgement of the parliaments of both kingdoms ; secundum judicium utriusque regni primatum ; and i find the like record , cited on fortescue , from godfrey of malmsbury . but huntingdon , and matthew paris also relate , that the same king malcolm , did submit , both to do homage ; and to swear fealty to our english king , and paris addetth , a pretty story of king malcolms overlooking treason . but again to king william . of his errors in government , i shall only say , that if edom , did really signified red , as hath been thought ; i could believe , that all historians , speaking of adamites , then oppressing the people ; might allude to the near affinity , between edom and rufus , for red. for , this was his sirname , of king william the second . henry the first , is yet alive in his laws and charters . not only in wendover , with other historians ; but among the rolls , and records , yet to be seen , in the exchequer . they are now in print , with the statutes of king william ; after the saxon laws . i must but run , and glance . his charter acknowledgeth his crown , to the mercy of god , and the common councel . communi concilio , & assensu , baronum regni angliae . it confirmeth king edwards laws , with all those emendations which king william added ; for the profit of the kingdom . it forbiddeth all levies , nay , the monetagium commune ; but what was agreed , and setled in king edwards reign . and the test of that charter ; is , by arch-bishops , bishops , barons , comitatibus , vice-comitatibus , & optimatibus , totius regni angliae , apud westmonasterienses , quando coronatus fui . this was copied out into every county , and kept in every abby . so much also , we find in matthew paris . of his charter to london , i may touch , in another place . this i must not omit in his laws . sive agenda proecipiat , levia permittat , hortatur maxima , vitanda prohibeat , yet still the laws must be , manifesta , iusta , honesta , & possibilis ; a kind of sacred tetragram . it is the th . chapter . and the next , is the basis , or foundation of our law process , and of all judicials ; in all causes , accusers , parties , ( or defenders , ) witnesses and iudges ; be and must be distinct . nec perigrina sint judicia , vel a non suo judice , vel loco , vel tempore celebrata ; nec in●e dubia , vel absente accusato dicta sit sententia , &c. nihil fiat absque accusatore ; nam deus & dominus noster iesus christus , iudam furem esse sciebat ; sed quia non accusatus , ideo non abreptus . testes legitimi sint , & presentes ; absque ulla imfamia , vel suspicione , vel manifesta macula . recte , sacerdotes accusare non possunt ( laicos . ) nec oportet quemquam iudicari , vel dampnari , priusquam legitimos accusatores habeat presentes : locumque defendendi accipiat , ad abluenda crimina , &c. and again , pulsatus ante suum judicem , si voluerit , causam suam dicat , & non ante suum iudicem pulsatus , si voluerit , taceat . si quis , iudices suspectos habeat , advocet , aut contradicat . appellantem , & vitiatam causam appellationis remedio , sublevantem ; non debet afflictio vel detentionis injuriare custodia . unusquisque per pares suos , iudicandus est , & ejusdem provinciae . quicquid adversus adsentes , vel non a suis judicibus ; penitus evacuetur , chap. the th . and the th . iuramentum , debet habere comites , voritatem , iustitiam , & iudicium : si ista defecerint , non juramentum , sed perjurium est . qui per lapidem , falsum iurat , perjurus est . deus ista accipit , sicut ille , cui juratur accipit . iuramenta filii & filiae , nesciente patre ; & vota monachi , nesciente abbate , & juramenta pueri , irrito sunt . are these the laws of england ; or of nature , rather ? these we owe to beauclerck ; which he owed much to cambridge . see malms . of plato's kings . touching the militia , ( beside that in general , confirming king edwards ; and king williams emendations : ) there are some particular , as of tenants by knights service , to be freed from gilds , &c. that so they might be more ready , for the defence of the kingdom : and in it , the kings service . this agreeth with the old writ , de essend . quiet : de tallagio : which the tenant in chivalry , might require of right . and tenants in dower , or widows , had the like priviledge , of which the old register , & natura brevium . that also of edgar or canute ; for cowards in land , or sea-fight is renued ; with that of boocland , as before . much also of helfeng . releifs are agreed and setled . for earls and the kings thaynes ; with others called . meane thaynes . but in some chapters thaynes are equal to barons . ( and all tenants en chief , at clarendon , were stiled barons : and relief , is cosin german to the saxon heriot . being for the heir or militia : whence heretoche in king edwards laws . but the dutch here , is also dominus , as senior , in so many nations ; since the time of charles the great . and some will have the saxon heregeat , to be the her 's geat , or beast of the lord , or here : ( which of old , was paid before , or rather than , the mortuary . ) and from this here , som would derive haeres . so , that all heirs , should be her 's or lords ; as homines were yeomen , ( you men , or young men : ) but homines , in law ( as with us , men ) are servi . such they say were yeomen , and none gentlemen but such as came from barons ; or at least the tenants in capite , if not in antient demesn . but for this , see edw. . tit. attorney . and the learned ianus . dane-geld , is here also reduced to d. the hyde ; as of old : ( from which it rambled , to , , , , , or . ) strict provision , is also made for keeping of arms ; and against using or lending them , for the dammage of others . nay a mulct , is set upon him , whose lance , or sword , doth much trespass ; though against his will. he is to be severely punished , that disarmeth any unjustly ; and must answer , all the mischief that ensueth such disarming . to this kings time , belongeth the case of william the kings chamberlain , de londonia : who refused to find a man , for the army , as his tenour required : but the abbot of abbingdon ( of whom he held ; ) in presentia sapientum ( in a witen moot ) rem ventilari fecit , &c. unde cum lege patriae , decretum processisset , ipsum exortem terrae , merito deberi fieri , &c. by friends , it was composed ; and the tenant enjoyed his land. i find it , from sir robert cottons inestimable treasury , cited by mr. selden on hengham . nor can i deny , but this ( with divers other cases , ) might forfeit the land. but , as in case of alienation of such tenures ; a statute of edward the d. provided that the king shall not retain the forfeits , but shall only , take a fine reasonable ; ( which the chancery , must also assess ; by due process : ) so , is our law very tender in all cases of forfeit . and among the old wytes , wardwyte was for the militia : being an acquittance of mercy to him that had not found a man , for the servise ; according to his tenure . of which old fleta , with others . the laws of this king do evince , the tryal per pares to be long before , the great charter . nor would it be hard , to shew it , before king henry , and besides all other hints , through elder times ; the case is well known , of roger fitz osborn , apprehended by tiptoft sheriff of worcestershire ; and condemned for treason in king william the norman ; per judicium parium suorum ; of which antient historians , before the commentator on magna charta . i should not omit king henry's charter , to the abbot of bee , confirming his antient customs , and priviledges , prescribed for st. edmonds time , for grand assizes , &c. yet to be found in the book of assizes ; lib. . pl. . and in the d. or th . part of the great reports : and in the comment on magna charta , cap. . but here it is from ethelred and edward the confessor . one of his priviledges , was to be free from the justies of either bench , and of assize . which is one of the first records , for the antient benches . but it may not be impossible to trace them , thorow some elder times . for the saxon law , ( so often repeated , and confirmed ) that none should complain to the king but want of right ; or against summum jus , at home , might in modern language be translated thus. the writ of right , must abide the baron or bayliffe : ( for it cannot fall to a copyhold steward : ) except the lords default , or consent , or the tenants suit , procure a tolt , to lift it up to the county court. or a pone , place it in the common pleas. that such a course was antient , may be gathered from the mirror , asser , and others of alfred , edgar , canute , ethelred : and of the tolt before , in king william . to which i may add the writ of right ( in the third book of reports ; ) brought by i. de beverlace , against walter of fridastern ; and by a tolt removed from the court baron , to the county ; and for default of the baron , ( how it must be falsified , we may touch ; ( anon ) it was concluded , before ranulph de glanvil , sheriff of yorkshire . glanvil is clear enough ; for the course of removing to higher courts ; and of the writ de pace , stepping between the combat ( on the writ of right ) and assize , coram justitiis in banco sedentibus , and although this book ( intituled glanvil ) was not written , till about henry the d . yet it is plain enough , that he speaketh of antient custom . his words are very considerable . the grand assize ( saith he ; ) is a royal benefit , granted by the parliament ; ( clementia principis , de concilio procerum , populis indultum ; ) as being that which saved blood , and did oft prevent the combat ( on the writ of right ; ) and of this he speaketh ( in the third of the same book ; ) as of a very old and antient custom . secundum jus & consuetudinem regni antiquam . a weighty expression , from so antient an author : which may possibly lead us higher than the saxon times . for , we may find the duel , or combat , among the gaules ( from british druides : ) as among the germans also ; whence our fathers came . nonnunquam etiam armis de principatu contendunt . so of the gauls or british druids ; he that was like to know it , and of those , and germans , tacitus , and diodorus siculus , before aventinus . some observe it , in the salique law ; and among the laws of charlemaign , and that the longobards did bring it into italy ; where it was also setled by law. but of our ancestors combats , in another place . i know not any fines upon record , till richard the first . but stowels case in plowden , may inform us , that they were before the norman . and we need not doubt , the books of edward the third ; speaking of benches , settled in henry the first , but i do not remember , the phrase of capitalis iusticiarius noster , till great charter ; which repeateth elder customs . goodwin , the famous earl of kent , among the saxons , had two sons , that ( in as good an author as huntington ) are stiled , regni iusticiariis ; ( the phrase is common , in hoveden , and others , of the times of clarendon assizes . ) and k. edgar had a cosin ailwin ; who was totius angliae aldermannus ; which is supposed , lord chief iustice ; by a learned man ; besides the best ( though yet imperfect ) glossary . but it might denote the lord high constable : of which before , in william the first . and william the d . found great odo of baieux , setled l. ch. justice of england . iusticiarius totius angliae . so , matth. of westminster . and huntingdon calleth him , iusticiarius , and princeps and moderator totius angliae , in wigornensis , he is custos angliae . and the phrase of iusticiarius , is also in matth. paris of william the first : iusticiarii in banco regio , of after times , as also , placita de nova disseissena ; before justices in eyre . but he speaketh of placita lethifera ; the pleas of life and death ; ( yea , even in bishops courts ; ) about the normans coming in . but in polydore , we find out terms , ( with divers other elder customes ) ascribed to the first norman . but that which he addeth , of the place , for these courts , to be , at the kings appointment ; might be true : till the law fixed the pleas , which may be , long before our charter , of henry d. where it is confirmed , not created . but , for the kings bench , the return was , coram nobis ubicunque , &c. and for the pleas , coram iusticiariis nostris apud westmon . that which virgil addeth of the iudges in westminster ; and of those higher beyond appeal ; and of iustices of peace , setled by the conqueror ; ( as he saith sheriffs were , ) in every county : may be more considered . for it may be , as much too late , as , some have thought it , too early . they which presume to make k. henries cubit the first standard of winchester ; must refute the old saxon laws ; ( of which before : ) for , those may seem to deserve , as much credit as malmsbury , other marks . that he did confirm the curtesie d' angletterre i may yeild to the mirror , and other authors : but not that he first began it . for the statute of kentish customs ; and those that treat of gavel-kind , may shew us an older tenure by curtesie ; there also , where the tenant had no issue . and this may teach us , whence the like custom came into ireland ; as also to be , curialitas scotiae ; which our master seemeth to forget , when he saith que ne'st use en auter realm , forsque tant solement en engleterre . but his commentator he lyeth in this ; and in divers other things . in case entails , this english curtesie is very remarkable : in which the book of cases have great diversity . but those that perswade us , there was no land in tayles before the d . of westminster , in king edward the first ; ( which are all , that subscribe to littleton ; ) must interpret the laws of king alfred , much otherwise than i can do . for the th . chap. of his laws , is to me , much clearer , for lands entail'd ; then is all the statute , de donis conditionalibus . one case of the courtesie ; may be considered , for the militia . if land in capite descend to a woman ; who upon office found , intrudeth ( on the king ; ) and taketh an husband ; and by him , hath issue ; and then dieth : yet cannot the king eject or detain the man ; but he shall be tenant by the kingdoms curtesie ; although he came in , upon intrusion . which seemeth to hint , that our law , did chiefly intend , the kingdoms good defence , and service , ( which might be performed , by such an intruder : ) rather than the kings pleasure ; or his bare prerogative , in this , which is thought , so great a prerogative , of tenure in capite . for which the comments on magna charta . and the statute of prerogative ; with littletons dower , and curtesie ; are clear enough . to henry the first , they also ascribe the curtesie ; of saving the wreck , from his exchequer ; if there were , so much as a cat , or a breathing creature let in the ship. i do not deny him , to be so courteous as to confirm , some such sea-custom ; ( for which , he had a very sad occasion ; when his sons and daughter , with so many friends were drown'd in one shipwrack . ) but , as richard , soon after him , seemeth more courteous , in this also , ( if we may believe hoveden : ) so i doubt not , to assert it , to higher and elder times . and yet the law maritime , is dark enough : with all the jurisdiction of the court admiral . whose office , may be harder , than the name : a strange mixture of greek and arabick . the old ms. del ' office del ' admiral ; hath divers records of h. . r. . and k. iohn : speaking of tryals by . ( as at common law ; ) but now the practise is much otherwise . in the rolls of ed. . the name of admiral : but not in our printed laws , that i know , till edw. d . and in edw. d. the rolls are full of that office , parted among divers : for the north and south seas , &c. as was touched before , in edgar . in richard the d . it was brought to a weldy model : being uncertain rather than infinite before . for the bounds were ever straiter much , than some may imagine . they were again disputed in henry the th . eliz. and iames. it lies more open to the common law , than to the wind and to a premunire , ( some are apt to think ; ) much more , then all are aware . i may touch it again in a fitter place . here i shall only add , that besides the laws of arthur the brittain , and edgar the saxon ; we have some records ( for so i may call them , ) of customs by sea ; as well as by land. with priviledge , to some , below the king ; before the norman ; whom they make the founder , ( yet he was but patron , ) of the ports ; and wardens for the sea. somewhat of this in lanfranc's case before : and more again ere long . historians are clear and full of this king's parliaments ; and of his summons to parliament . majores natu angliae londoniae congregavit . and again , principes omnes & totius regni nobilitatem sanctione adnotavit : so the monk of worcester , and hoveden ( almost in the same words , ) which matthew paris , expresseth thus ; magnatibus regni edicto convocatis . and in walsinghams neustria ; majoribus regni ; and principibus convocatis , virgil himself confesseth his full parliaments . and of a convocation house , distinct from the parliament , sitting at the same time ; they are plain enough . et cum rege principes regni omnes , tam eccles. quam secular apud westmon . ubi etiam anselm . cantuar. archiep. magnum tenuit consilium ; de his quae ad christianitatem pertinent . as florence , and hoveden . huntingdon , is also clear in such a distinction ; rex tenuit concilium apud londoniam ; & willielmus archiep. cantuariensis , similiter in eodam villa , apud westmon . and this author useth to stile , the parliament , magnum placitum , ( of which before ; ) and the convocation house , concilium , or synodus ; which yet in him , in all , was confirmed by parliament ; or else invalid . in parliament were also decided , the great contests between canterbury and york ; not only concerning the crown , or act of coronation : in which ( to this king , ) they both joyned ; as we find in matth. paris , and walsingham . but the parliament declared , that it did not at all belong to york : as besides hoveden , we read in him , that continueth florence of worcester . but in beckets absence , it did fall to york : and so it had been before . so also canterburies contest with the king was debated in full parliament , three days together , in the arch bishops absence : and at length composed , with the consent rather than content of both parties . the king was resolute for investiture as he found it from his father and brother : the clergy was pertinacious , for the popes decrees . but the emperour ( son in law , to our king ; ) did so muzzle pope paschal ; that he consents and decrees , that none should be consecrate , but whom the king invested , as the clergy , and people chose him . it seemeth considerable , how all historians ( of that time and dispute , ) do record , the choice of bishops , to be in the people : in phebe and in populo , as well as in clero . they mention radulph , ordained a bishop for the orcades : but rejected by all , because not elected by common assent of the people ; plebis , clero , principis , 't is every where in the old monks ; and how the poor bishop , wandred up and down , as an assistant , to other prelates . of him and of english right in scotland , and ireland ; much might be added , from the notes of eadmerus ; and somewhat of lanfrancs plea at pinenden . and at prince roberts landing ; commoti sunt principes erga regem causa roberti , &c. but many of the lords left the parliament , ( subtrahentes se de curia ; ) sed episcopi , et milites gregarii & angli , ( the commons ) stuck to the king ; who was provincialibus gratus : and at length the witan or parliament , composed the quarrel . sapientiores utriusque partis habito consilio , pacem inter fratres composuere . 't is in florence and hoveden , with malmsbury . wendover with huntingdon record , how the great firebrand in that war , ranulph of durham , was committed by the parliament : de communi consilio gentis anglorum . this was the great man. whom k. william , had made pacitator , in matth. paris : but placitator & exactor totius regni , in the monk of worcester . his continuer addeth also , that the peace , or league with france , in this kings time ; was made by parliament ; consilio optimatum : and that by advice of common council , the custody and constableship of the castle of ros or roch ( with its ford , &c. ) were setled in the arch-bishop , and church of canterbury : with leave to build a tower , and divers other priviledges , for the militia . i must not mention the orders of king henries parliaments , against money clippers and corrupters : with such a change of money , as made things very dear . so dear a time that an horse-load of good wheat , could scarcely be bought under six shillings : as henry of huntingdon and others . of king stephens election , more , when i shall discuss , the right of succession to the crown . but i must not omit that which , of him , is recorded by so many good authors : that he did prohibit the laws brought hither from rome . and this also by parliament : as bale affirmeth . but of this , in much older writers . frier bacon is one , ( in his compendium of theology , or his opus minus : and the great reporter citeth it , from bacons impedimentum sapientiae . ) he was a very learned man , and a most genuine son of art ; his opticks and his burning-glasses , would be more enquired after ; for they may be little worse than those of archimedes , who in this is newly found to go beyond himself . such glasses must be conick section : and in concaves not exactly circular , but parabolical , for which there is as real demonstration , ( by the law of reflections ; ) as for the best perspectives , ( by refractions , ) in ellipses , and hyperbolies : to which i must not add , that mirandum naturae of two lines , that approach nearer and nearer , in infinitum ; yet they still shall be asymptots , and never meet , ( for such attend hyperbolies . which yet , is more demonstrable , by reason ; than is that of mersennus , ( or others ) by sense ; that concave glasses may be placed in such a continued proportion ( may i say ) of reflection ; that by such it may be possible to fire a ship , ( or other matter combustible ; ) at a far greater distance , than between dover and calice . i say not ( as some have said , ) in infinitum . but in this and all the mathematicks ; who can add , to him that did contract ( and correct ) longomont , into a page ? our country-man , he is : but at too great a distance , in breda . but i must not wander from k. stephen . his repeal of roman laws , is also in sarisburiensis ( living in the time of k. henry the d : ) an author of credit , and polite enough . it is among his court trifles ( polteraticus , or de nugis curialium ) . nor is he content to meddle only , with mean courtiers ; but even of the highest , he is plain enough . and one of his thesis , is , that by reason and scripture , it is both lawful , and a glorious act , to kill a publick tyrant . but of his exceptions to the oath of fealty ; we must have more in its time and place . that of k. stephen is in his th . book , and chap. ( near enough to his discourse of tyrany . ) where we have also an hint of him , that brought those laws into this kingdom . theobald the arch bishop of canterbury , going to rome for his pall ( some say ; ) and for this the monk of malmesbury , would be considered ; who hath also recorded , k. stephens oath ; of which we must speak again . i must not dispute whether those italian laws , by him prohibited ; were the civil , or the canon laws : which i rather believe . although i cannot deny , but the civil also did come in , or intrude upon our english laws . nor may i forget a passage of parliament in that famous appeal , or charge of treason , in king richard the second's time. the lawyers especially civilians , were consulted , about the charge . they conceived it , not to be rightly moulded , according to the forms of law. but the great council resolved , and declared , that they would proceed , by no other law , but the course and custom of parliament . to which they added , that england never was , ought or should be ruled or governed , by the civil law : which yet is enough : ( some think too much ; ) in causes maritime and ecclesiastick , that i speak not of any other courts . fortescue ( or rather the young prince in him ) telleth us , of some of our kings , that have attempted to bring in , the civil laws , and patrias leges abolere , but i cannot tell who , those were ; no more , than the learned commentator . except perhaps , he may reach up , to king lucius ; who did desire the roman laws , ( even for the state : ) but can we say , the civil laws , were then born ? or at least christned , enough for a christian king ? but the reason , why , any king so much esteemed the civil law ; may be rightly guessed ; to be this , grand maxim of tyranny ; quod principi placuit , legis habet vigorem . a sentence of the civil , royal or imperial laws ; citeth indeed , by glanvil , bracton , and others of our lawyers : who refuted , rather than allowed it . but in this who can add to mr. seldens late dissertations on fleta . wigornensis , lived till k. stephens time . in him , or his continuer , we find what laws these were , & how , or who did bring them hither . for we are there told , that theobald with other prelates , had a summons from the pope to rome : and there were admitted to a council ; such as many ages could not parallel . for thence , ( he saith ) they brought those canons , or decrees ; quae longe lateque per angliam jam conscriptae . he lived not perhaps to know they were prohibited : but he doth intimate , enough , in what a cold manner , the parliament did entertain , the legate , sent from rome . he was a great leveller , it seemeth : for , he came , to pull down , and to destroy ; that so , he might plant , or build , we read it , in the monks . who bring , this legate , coram rege & primoribus . and again , before the commons also ; episcopis , abbatibus , & innumera cleri & populi multitudine . ere long , we find k. stephen at another parliament ; ad boum vadum oxes foord ; or oxford . where some lords , or prelates , are committed , for suspicion of treason . and by some it is ascribed to the king alone . but in the monk of malmesbury , we may find it done upon complaint of those , he calleth potent laicks : and by councel , or perswasion of magnates , and proceres regni . the thing doth speak it self . for one of the lords , committed was the great roger of salisbury , ( the grand favorite ; ) of whom before . his charge was this , in chief ; that without leave of king and parliament ; he had built , and fortified a castle . but in his own devise ( this was the castles name ; ) he did ensnare himself . the name and fate , hath since been found , observed more than once ; and yet they write , it was the fairest castle in all europe . matth. paris followeth huntingdon and hoveden ; but in this , they both come short of malmsbury ; well acquainted with that famous roger , whose misgiving heart , was like , to have prevented , what did follow , in that parliament . but so we might have lost , or mist that act , which here was made , for the militia : setled clearly in the king and parliament . we find it also in the old continuer of the monk of worcester . who living at that time , doth tell us , that in full parliament , ( habito postmodum concilio , coram primoribus angliae , statutum est , ) it was enacted for a statute , that all burghs , castles , forts , &c. ( in quibus secularia solent exerceri negotia ) should submit to the king & parliament . regis & baronum suorum juri cedant . and by vertue of this act of parliament , was the castle of the devise presently demanded ; and at length yeilded : while the great prelates neck , ( or his sons who had been also chancellor , ) was in the rope to have prevented his quartain , of which he died . in the same author we find much , of an high constable ; and several men , with that title . one is milo : who did lead the king , in royal state ; cum honore , regiam ad aulam ; ubi cives fidelitatem iuraverunt , &c. ere long , we find him charged with treason , ( so as is worth considering , for the militia ; ) and his office conferred , on walter de bello campo ; wigornensi vice-comite . but discontents ( that rose before ) did now increase . and when the oath of fealty , was pressed on some ; they refuse , and say , the king may take their words , if he please . but for a bishoprick the prelates perswaded a grave man , to swallow the oath : and so he did ; on much reluctance . maurice , was his name ; elected by the people ; a clero & populo : being then presented to the king , by bishops ; attesting his deserts and due election . another bishoprick is conferred on philip , the lord chancellor ; but consilio baronum . and a while before , the abbot , was made a bishop , at london ; petente milone constabulario , & favore populi , utriusque ordinis ; that is , the lords and commons ; or rather the clergy and laity . in huntingdon , we read of robert arch-deacon of leicester , about this time , elect bishop of lincoln ; rege , clero , & populo , summo gaudio annuente . and a while after , he shews us the king at london , in a full parliament , disputing the grand question of appeals ; with the romish legate . for , such appeales ( saith he ) had not been used in england , till that henry of winton the legate , had cruelly intruded them . malo suo crudeliter intrusit . the monk of st. albans borroweth from him ; and sometimes repayeth , with interests . as in that statute , for priviledge of churches , and church-yards ; with all the clergy ; so , that none but the pope could absolve , from violence done to such , ( in which they all agree : ) he added also , another act of the parliament , that plowes in the field with husbandmen should enjoy the same peace or priviledge ; as if they were in a church-yard . his geffry de mandevil , ( consul , or comes ; ) was a very great man : de magna villa . for he speaks , of his princeps militiae ; and of another , that was , his magister peditum . but in henry of huntingdon , we find him , at length , clapt up in prison : but scarcely , secundum jus gentium : rex cepit eum in curia sua ; ex necessitate magis , quam ex honestate . hoveden ; hath of him , the like expressions ; adding also , that from a baron , he had been raised , to the degree of a consul ; that is an earl. for in him the earl of flanders , is consul flandrensis , and the earl of anjou ; consul andegavensis . this was he that come to be hen. the d . who at his landing , ( being duke of normandy ) coyned money ; which passed here , by the name of the dukes coyn . nor only he ; but omnes potentes , tam episcopi , quam comites & barones , suam faciebant monetam . ( and of this , nubrigensis . ) which may be compared , with the saxon laws , of king ethelstan and others . as k. hen. monetag . common . in the same huntingdon , we also read , that ( by the mediation , of theobald of canterbury , and henry of winton ; ) the king was so reconciled , to this duke and earl henry ; that they never more discorded , ( also that the duke , was made , iusticiarius angliae , next under the king ; & omnia regni negotia , per eum terminabantur . ) but in polydore , we find this pacification , made by parliament : cujus authoritate pactio facta est . matthew paris is so full of law terms , that i could beleive him , in this , to allude to the law fines and recoveries . for at this peace , he telleth , how the kingdom was again recovered . and ( after a disgression to merlins prophesie , in which the phrase of vice-comites , may be duly considered ; ) he concludeth , thus a war that had raged years together , was now quieted by such a time , hoc fine quievit . to which he adds , that famous story of the souldier , that in this vacation made a voyage to st. patricks purgatory . and by that occasion , he relates , the best description of hell , or hellish torments , that i remember , in any historian of credit . with which may be compared ; divers others in the same author . but that which is added , at the souldier return to the king ; may be added also to what is observed before , touching irelands dependance on england . for , the same souldier was again sent , by king stephen into ireland : to be assistant , as an interpreter to gilbert ; who had a grant from hence , to found an abbey in ireland . whither he also carried this souldier , speaking irish , and with tears , he would often relate , his voyage to hell. which is so recorded and asserted by divers religious men . to k. stephen's militia , we may also refer that , which so many historians record , of his damning the hidage or danegeld : which yet was not his act , but the parliaments ; that did elect , and create him king. we must discuss it more fully ere long ; but now , for danegeld , we may assert it to be expressed , in his very coronation oath : on which , he was admitted . one of the clauses was , that he should , for ever desist from that , which had been paid to some of his predecessors , singulis annis . and wendover , or paris express no more . but in hoveden , and huntingdon dane-geld is expresly specified , which both affirm to be then at s. the hyde . they agree also , with others ; that this was again , specified in parliament , at oxford : where the king , did again confirm , his coronation oath . matthew of westminster doth also record that of these promises or oaths , he made a charter , which seemeth to be that charter , which the great reporter , in his th . part , affirmeth , to be yet found , in an old ms. de antiquis legibus . and that , the said charter , among divers other things , doth expressely confirm , the laws of k. edward and of k. henry . nay the monk of st. albans affirmeth , that in parliament , congregatis regni magnatibus , he did there solemnly promise , to meliorate the laws , or make them better as they should desire , or require , juxta voluntatem & arbitrium singulorum ; which we may consider again upon occasion . nor must i omit , that much of this very charter , is yet to be read in print ; in an old monk that lived in king stephen time ; and those particulars , for confirmation of all good laws ; and in special , those of king henry : with divers other things , that are worth perusal . it is in the monk of malmsbury : but a little after the letters written to the pope , about king henries death ; confession , absolution and anoynting by the elders ; according to what was let to the church , by the apostle st. iames : as in those letters , is more fully expressed . which may be added to that , before , of the church elders . polydore telleth us that in full parliament at oxford ; king stephen did abolish that , which had been oft exacted , for hydage per singula jugera : and that he intreated another parliament , to carry on that war , which by their advise and councel had been undertaken , in the name of common wealth . reipublicae nomine , vestro cum consilio tum consensu , susceptum est : and his desire to them was , so to act in person ; that the people might not be burthened with taxes . and at his end virgil addeth that , for all his continual wars ; he did exact , little or no tribute , from the people . so that the parliament it seems , did wholly manage his militia . from a long storm at sea ; we are now come , into a quiet port , and a calm haven , such were the thoughts , expectations , and hopes of all ; in henry the d . we have his laws in print ; in several places : and his lawyers , known enough . for who needeth to be told of glanvil in his reign ; of whom before : and much i might add , from divers others besides hoveden . who by occasion of that judges name ; hath not only given us a copy , of st. edwards laws ; but hath also , asserted their confirmation by k. william , ( as i should before ; ) upon the oaths of chosen men , from every county , ( sworn , as strictly as i remember any to have ever been ; ) with additions also of some emendations added by king william ; ad utilitatem anglorum . these laws he saith , were compiled ( or conditae ) by the said great glanvil ; who ( in henry the d . ) he stileth ; summum iusticiarium totius angliae . and for this kings confirmation of the good laws of h. the first , we need no more than what we find in him ( and all other historians ; ) of the grand contest upon that occasion ; between the king & becket , son to a saracen or syrian woman , yet a citizen of london , ( and his fathers name was gilbert . ) favourite at first he was to theobald , ( of whom before : ) by him commended so , that he became lord chancellor . but at his patrons death , being chosen to succeed ( in canterbury ; ) he resignneth up the seal at taking orders : and in this both wendover and matthew paris add to hoveden , who in becket is the largest . polydore agreeth , that his former perferment was , to be arch-deacon , to that sea : to which he makes the office of a legate , to be then entailed ; ever since lord theobald did fetch his pall from rome . but the great quarrel was about the confirmation of k. hen. laws , ( of which before . ) they touched all the clergy : so , that once reading of them , was enough to make the pope condemn and ban them all . in a great councel or parliament the king did ask , ( they say petitioned the church , ) that all would agree to keep the laws of his grandfather , henry the first . becket with some reluctance did consent , without his salvo . but again repents in parliament , at clarendon 't is clear as well for commons as for others . congregato clero & populo regni , apud clarendun . and again , the lords beseech the prelate that he would vouchsafe to come and say before the king and commons , coram populo diceret , that he would receive and admit those laws . he doth consent and comes into the house , and frames his lips into a content : the king is glad and bids the lords retire , and bring those laws from the records ; that all might be perused and agreed . somewhat more he meant : for when the lords returned with those rolls , the motion was that all should set their hands , or seals in witness of agreement . but at this , the prelate startles and recoyles again , and riseth high or foul in language ; so withdraws in greatest discontent . ere long , we find him out again ; at least , he would be out ; for now he sueth for a pass to france : he meant the pope . i must not here omit the course the king did take to stop him . one there was that did complain , he had been long in suit ; in some inferior court of becket , yet he could not get his right : and therefore was at length enforced to some other course and court. for which his way was first to falsifie the prelates court by oath , according to the custom of the kingdom : and of that we spake before in writs of right ; and tolts or pone's ; to remove them to some higher court. this seemed but a petty case that happen'd every day , so that the usual writ hath such a clause , that if the baron did not , then the sheriff should . and if the sheriff failed ( in the county court , ) then bench must help . but this was now enough to give a pause and check to that great prelate . he must stay and plead it out ; at length he finds the formal oath ( to falsifie his court ) was made upon paper ( or a service book : ) whereas the law required , that the oath should be upon the holy gospels . this would not suffice , but parliament , ( at least the barons , and the tenants en chief were such ; ) did put the prelate into misericordia . he doth struggle and attempt a writ of errour or the like ; ( iudicium illud falsificare : ) but he must submit and is amerced at l. he cannot bear it : fulleth 〈◊〉 , but soon receives another summons . for he shall have load enough , and now must give account of all his former bailywick . he seeks delay , and would be essoyned , de malo lecti , and instead of knights , two earles are sent to view him , whom they find in bed , but give him respite only till the morrow . this bringeth a case of law to mind , essoyned of sickness cannot rise ; without a license . if the knights ( that come to view him ) find him not , or out of bed it is default ▪ of which in bracton , fleta , hengham . and his learned commentator addeth a pretty case in rich. the first . the abbot of crowland sueth the prior of spalding for entring upon his marsh. the prior pleads , he entred as upon his own ese-simple ; and doth offer marks for grand assise : and so the mise is joyned ; and the right doth lie at stake . the abbot is essoyn'd de malolecti ; and the writ goes but to the knights . but while one was coming to view him , he doth rise and cometh towards the court ; so the knights certificate is , the abbot was not in bed. on long debate , the judgement was , that upon default the abbot ( yet in possession ) must submit to yeild the seisin to the prior , whom he sued : see the statute of marlbridge , and the d . of westminster cap. . but becket had law enough to make him rise , and come to the court ; in fear and discontent , but his right hand is so fastned to his cross ; that it could hardly be forced from him , who did struggle for it . but his sorest pressure , is an heavy action of account , for all he had received as lord chancellor . he pleads discharge . and that at his election henry son to him , that had such interest in the kingdom , ( cui regnum adjuratum fuit ; ) and all the barons of the exchequer , and richard de lucy , iusticiarius angliae ; did declare him free : quietum deo & ecclesiae , & ab omni exactione seculari , &c. but his conclusion ( ideo amplius nolo inde placitare ; ) cost him dear . for when the king had this , he knew his way and said to the parliament , ( or baronibus suit , ) do me speedy justice on this man , cito facite mihi iudicium de illo , qui homo meus ligeus est : & stare iuri in curia mea recusat . so they did retire and being alone without the king ; exeuntes iudicaverunt . and they did adjudge him to prison . but he escaped before his commitment : although some , ( that saw him going , ) cryed traytor , stay , and take thy doom , by stealth he got to sandwich , thence to france ( by flanders : ) where he found the pope . i do not know that he talked much , of refusing to make his account . but his grand complaint was , that he was pressed to consent to such injurious laws , as those ( which he brought to the pope , ) of king henry the first . which were soon damned , notwithstanding our kings embassadors . but writs were sent abroad to the sheriffs and iustices , for seizing all , belonging to the arch-bishop : for attaching arms that did appeal to rome ; or bring any letters of excommunication , or attempt a voyage beyond sea without a licence . and for sequestration of the peter pence till further order . if that i have cited already , were not clear enough for parliament in these ; we may have more from wendover or matthew paris , where we are expresly told , that the great meeting at clarendon ( of which before ) was made up of a lord president ( de mandato ipsius regis , ) with arch-bishops , abbots , earls , barons ; and to these , also are added proceres regni : which may here speak the commons , as in hoveden , populus ; so often expressed of that parliament . for it may be remembred , that virgil himself doth acknowledge the commons also to be very frequently called to parliament ; from the time of king william , as we may read in his large description of our parliaments ; in henry the first . to which also ( for this parliament at clarendon ) we might cite very many historians , besides gervase , and the quadrilogus ( or becket's life by cited on eadmerus ; and in ianus , ) from which there is much to be added to that in matthew paris . where it is also asserted that these constitutions of clarendon , were not only agreed , but expresly sworn by all the degrees of parliament . episcopi , clerus cum comitibus & baronibus ac proceribus cunctis iuraverunt , &c. as also that these were but a recognition or recordation , of some part of the customs and liberties , antecessorum suorum . of which also florilegus thus coram lege & magnatibus , facta est recordatio regiarum libertatum & consuetudinum ; cui archiepiscopus assensum non praebuit , &c. nor would it be hard to shew very many if not all of them , agreed in elder times . of foreign appeals we spake before , and the writ ne exeas regnum , is as old as rufus ; if we may beleive polidore , or better authors . to that of appeals from ecclesiastical courts , ( to the king or delegates ; ) i can add very little , to what is in caudries case ; in the th . part of the great reports , with the preface to the th . that against excommunication of the kings tenants , ( or as the elder law was of the barons ) is cleared enough in the notes on eadmerus ; from the first norman records . to which may be added a law of henry the first , of the wills or legacies of his barons , vel hominum ; with which the learned ianus compareth an old law of canute ; and toucheth the power of the ordinary , in case of intestates ; which is prescribed from most antient parliaments , but the original doth not appear . i must not spend time in heaping up the many proofs of parliament , for the assizes of clarendon : which were again , renued at northampton . hoveden is large and clear for them all , and for the circuits , and iudges in eyre , by full parliment : communi omnium concilio . but the mirror , and those that write of alfred will afford us these in many older parliaments . from that assize of arms for every fee , we may learn to expound the statute of winchester , and others speaking of a former antient assize : which is here found at large . to which i may add , that what is here spoken of the iustices presenting to the king ; may be expounded to the king of parliament . as is fully expressed , not only in fleta , but in the said statute of winchester , the iustices assigned , shall present the dafaults at every parliament . the defaults of arms for the militia . and by this time i shall not need to speak of escuage in h. d . assessed by parliament ; for tholouse , wales and ireland ; of which gervase the red book in the exchequer , and matth. paris , with the notes of hengham . to which i might add matth. of westmin . de unaquaque carrucata terrae totius angliae , quatuor denarii concessi sunt & collecti , for the holy land. but when he had the offer of the kingdom of ierusalem ; convocato clero regni , ac populo , it was rejected concilio universo ? as the monk of st. albans speaketh , of k. rich. coronation , and his oath before the nobles , & clero , & populo , hoveden is very large . from him it may be found in others . and of the jews in those times , to whom he was a friend ( as his charters shew ; ) and very sorry for their sufferings ; who did help him much for his eastern wars ; as some relate with polydore . see mr. selden on arundeliana marmora , his great charter to the king of scotland ; of many liberties , ( for which he did recieve marks ; ) but still retaining the antient dues to this crown is every where . for which i must not forget what was before in h. the d . malcolm became his man 't is said , and did him homage : but on some disgust he was not knighted by our king ; as was wont . ( and matth. paris addeth also , that the scottish kings horse , was the english marshals fee , at such a knighting , ) but hoveden telleth us that about two years after , the same king came again , and was then knighted by king henry . of his parliaments and their power , in war and peace ; i might cite very clear proofs . the league with france , was agreed by both kingdoms , & archiep. & episcop . in verbo veritatis , ( that was the mode in those days for them , as for the lords since , in verbo honoris ; ) & comites , & borones regnorum , praestito sacramento , juraverunt . and his sea statutes were made de communi proborum virorum consilio , as the charter it self expresseth it in hoveden , wendover or matth. paris . who doth add , that per consilium magnatum , there were made , iusticiarii super totum navigium angliae &c. which with divers records of h. d. may be added to the admiral , or saxon aen mere eal ; over all the sea. how the lord chancellor ( being left the custos regni , ) did on pretence of the kings warrants , pole the people ; is at large in hoveden and others . but in the monk of st. albans we may read , that er'e long in parliament of commons also , ( assensu communium definitum est , ) it was enacted , that none should so domineer in england ; to disgrace the church and oppress the people . and that all the castles which the said l. chanc. had committed to his clients , ( or disposed without the parliaments assent , ) should be presently delivered up : and in particular the tower of london ; where he then was , and was glad to yield , and make his peace , with much submission for to save his life . for which also polydore virgil is worth perusing . and in him we also find the north committed to the bishop of durham ; ( who of an old bishop , was made a young novice earl , but he paid dear , for his honour ; ) and how the chancellor excused himself by the kings command . as if ( saith polydore ) the kings command , might disannul the law : quasi fas esset , jus omne principis jussu rescindere . of the kings voyage to the east , i shall not speak ; nor of the famous prophesies he found touching antichrist , and the revelation . they are in hoveden , besides all others . where we also find him ransomed by commune assent ; in special of the clergy . and for this walsinghams neustria , may be added to others in the road , and at his return , he is again crowned before the people as well as the lords ; & consilio procerum . yet polydore ( with others ) is bold to charge his reign with great exactions on the clergy , in special for his ransome : but himself yeilded , that the king did send , the bishop of salisbury into england , that by the consent of parliament ; regii senatus authoritate ; he might get his ransome . and himself yeilded that at his return there was a parliament ; wherein the king thanked his people for their faith to him , and for that they had helped him in his wars and imprisonment . and that ejus nutu , archiep. cantuar. was conferred on the said bishop of durham : and that the chalices , &c. were again restored to the churches ; and that the laws , with weights and measures , were then also corrected or amended . k. iohn's election must be discussed in another place . of his military aids , paris with wendover is clear , that they were granted in , and by parliament . convenerunt ad colloquium apud oxoniam , rex & magnates angliae ; ubi concessa sunt regi auxilia militaria , de quolibet scuto duae marcae & dimidium . nor are the records wholly lost of his parliament , summoned about a war with the french , ( or rather defence against them : ) and his writs are known enough . they speak consent of parliament , provisum est de communi assensu archiep. comitum , baronum & omnium fidelium nostrorum angliae , quod novem milites per angliam , inveniant decimum bene parat : ad defensionem regni . besides the rolls , this is found in the th . part of the great reports , and in divers others . his charter is now so well known in print ; that i need not cite any clause thereof . no not that so clear for the militia , nullum scutagium vel auxilium ponam in regno nostro ; nisi per commune consilium regni nostri . yet i may add , that the aides , there excepted and called reasonable , ( being such by common law ) were afterwards assessed , and ascertained by parliament . for which the first of westminster may be compared with the th . of ed. d. and in the th . of that king ; his aides were remitted by parliament , because ( for his wars ) he had taketh other assistance than was due by law ▪ which was much excused by himself , and divers other kings . and for this i might cite the th . of h. d. the th . and th . of edw. st . the , , , and of edw. d . the th . and th . edw. d. who did buy souldiers rather than press them ; as the roman historian , of the declining times , of that empire . of the barons wars , i must not speak , a syllable , they do deserve a discourse by themselves : and it may be possible er'e long to see it . now i shall only observe , that , our great charter was rather the cause ( or occasion ) than the effect of those wars . for , had it been so kept as it was made ; the crown might have rested in peace enough . they which perswade others that this charter was first created by king henry , and extorted from him , only by a prevailing sword , seem not to consider so much as its title ; as it now is printed : where we find it granted , in his th . year . although it was so ill performed , that it needed confirmation afterwards . matth. paris is very clear and plain in this , that it was wholly the same or exactly agreeing , with that of k. iohn , & in nullo dissimilis . nay he speaketh of k. iohns charter , quas sponte promisit baronagio angliae : and again in k. h. d. sponte liberaliter concessit . and the popes letters tell us , of k. iohns charter , granted most freely : liberaliter ex mera & spontanea voluntate , de communi consensu baronum suorum , &c. besides the very words , in one of those charters , spontanea & voluntate nostra dedimus , concessimus , pro nobis , & heredibus nostris , libertates has subscriptas . nor were these new priviledges , then first created by him . but the old rights of the people by long and ancient custom : as we may find at large also in wendover , with matthew paris , where they are not only , antiquae leges & consuetudines regni ; but we are also told , they did present , the great charter of h. the first , with his laws and st. edward's . and to these the barons sware : as the king had also done before . for so we read their covenant was ; that if the king would break his oath , a juramento proprio resilire , ( which they had some cause to believe or suspect , propter suam duplicitatem ; ) yet , they would keep theirs ; and would do their best , to reduce him to keep his . virgil is also clear in this , who telleth us , k. iohn's troubles , and proceedure from his not restoring k. edw. laws , as he had promised . and that the barons urged him , ut promissas tandem aliquando lege daret , and again they ask for their antient customes ; vetera instituta , quibus olim reges pop. angl . bene rexissent : and the close is , quae ille prius recepisset se sanctissime observaturum . and for henry the third ; the same author affirmeth , that ( instead of his granting ought , that was new ; ) the people granted him that grand prerogative of wardships ; ( which that king accepted , with many thanks ) adding also , that the people did not intend it for his successors . but of this i may speak in another place . i shall now only adde , that if there be not yet enough said , ( from all the saxon laws , and histories , with the first norman confirmations and explications ; ) to assert the great charter , to be more antient ( for its matter ) than k. henry or k. iohn : i shall only desire those that are yet unsatisfied , they would please to peruse the d. part of the great institutes ; or at least so much of it as speaketh of h. d. and edw. st . and it may be they will not wonder that at the prelates motion , that bastards might inherit : the parliament at merton , cryed out so loud , nolumus lages angliae mutate , &c. to which also ( besides the late declarations of this parliament ; and the petition of right , ) may be added ; the learned arguments , of those grave and honourable judges ; to whom we shall ever owe so much , for standing up ( in an evil day , ) for truth and common justice ; in the case of ship-money : sir richard hatton , sir george crook , and sir iohn denham ; with the truly noble oliver st. iohn lord chief justice of the common pleas. their arguments are now in print by publick command . nor may i presume to add a word in that subject . nor shall i speak of the times following the great charter ; which was confirmed more than thirty times in full parliament : with many special provisions for the militia . it being most just and reasonable , that what did so much concern all , should be considered by all : quod omnes tangit , ab omnibus approbetur . which is one clause in the writ of summons to parliament ( about a war with france ; ) in edward the first . which seemeth to speak a necessity of parliaments , for matters of war. not only for money , ( as some have pleased to speak : ) or at the kings choice to call them , if he please . the writ speaks an act of parliament : lex justissima , & provida circumspectione stabilita ; not let at loose to the kings pleasure : but as fortescue , or long before him , the old modus of parliament , maketh it necessary for the king , and his duty to call a parliament in all such cases . nor shall i need to add what paulus iovius , froisard , comineus , de serres , and the duke of rohan , with many other strangers have observed of our parliaments , in this ; which is the law of nature , rather than of england . for as in the heavens or great world we did before observe mars , ( or the genius of war , ) to be there placed immediately under iupiter , ( the great councel ; ) and not under the sun. so in the microcosm or little world of man ; we find both spleen and gall , within ; hands and feet , without ; at a good distance from the head : and never joyned to it ; but in monsters . yet it is true that some creatures have horns on their heads , but they are beasts and not men. much less kings , i hope . but did we labour , toyl , and sweat so much to keep a little river in its bounds ; that so we might be drowned , by the boundless ocean ? or be swept away at once , by a destroying and devouring deluge ? did we scruple at a little gravel or a pebble , that we might be crushed by a mountain ? would we strain at a gnat , that we might be choaked by a camel ? or be swallowed whole by behemoth ? it may not be , at least , it may not seem enough to quiet trembling minds , to say , or prove by arguments , there shall be nothing done but what is just : except we also see or know the way , and means , and usual course , our governours will please to take ; in doing that which may , or is , and ever shall ( i hope ) be just . the way must be both right and clear as well as is the end. and of the two ; unjust and arbitrary power , doth seem to be in processe ; or in ways and means ; much rather than in ends or things , that be effected by it . sure it was , at least it might be , good ; to build a gallant fleet of ships ; and so it might be just , that each should contribute , a part to such a publick work . nor was it only that , which then was taken from us , for a ship ; that made us sigh and groan , and cry , or fear our ruine ; or a universal deluge of oppression . but it much or mainly was we did not see the way , or mean , or legal process , which the court did take , in taxing , or assessing such a place , a county , or a person . and it was but thus in loans , and so in divers if not all , the things , we so abhorred in the crown : the thing , did not so much displease as did the way , or means , to such or such an end. i need not say how curious , or how scrupulous , and tender still our laws have been ; in pointing out the way as well as end : the process in the courts of justice ; as the final iudgements . so that indeed the very form , and life , and power , or substance of the justest laws , doth much consist in processe : which by some may be thought a shadow , or a ceremony ; left at pleasure for a blustring wind , or any furious hand , to shake as much , as long as it shall please . and then to salve it up , by saying to the root , we mean you good ; and do but lay you bare , that so you may the more behold , and more admire our iustice in the end : when all the boughs and branches shall be gone , that do but hinder all your prospect . i must but touch and glance . there is a trinity which all our laws do seem to worship here on earth : estate , liberty and life . of all estate , the dower of widows hath the greatest priviledge . for which the comments upon littletons first and fifth , with the statutes of merton ; and some clauses , of the great charter it self , for quarentine and dower , are good glosses , on the saxon laws ; or those already touched : and i shall not add one syllable . all estates have priviledge in law ; and all amercements must be such , as may consist with mens estate ; from alfred , edgar , ethelred , canute or edward , it did come to henry the first ; and thence to the great charter . where the law is plain and clear . no free man shall be amerced , but according to his default and estate : salvo sibi contenemento suo . which is so branched , that it reacheth to villains also ; though it speak at first but of free-men . hence the name of amercement ; because it was and ought to be an amerciament ; or a merciful fine . in which the saxons went beyond us , in their weregylds , and divers wytes : for which fleta , may be a comment to the laws of ethelstane , and others of the saxons . all this for end : but what must be the way ? how shall it be imposed : so that it may as it should be merciful ? 't is miserecordiu regis ; as the laws and books do speak : but the king doth not , may not fine , or amerce any , but in and by his courts of justice . so that to render ones self , to the kings judgment , is to no effect ; and so adjudged . for as the father , judgeth no man ; so the king , ( who is or should be father of the country ; ) but he hath committed all judgment unto men , that are our fellows , ( pares , ) in the courts of justice . vvhere indeed the king , did sometime sit in person ; yet the court did judge ; and not the king ; as fortescue doth plainly tell us . and the judgment still is entred from , and by the court , ( and not the king ) ideo consideratum est per curiam . and so the great charter saith , we will not go upon him ; nec ibimus nec mittemus ; but by legal judgment of his peers ; vel per legem terrae : and of this last clause i never saw a fuller comment , in a few words , than in mr. seldens notes , on attaint in fortescue . but of all iudgments , to be made by peers somewhat was said before in henries laws , and more again ere long . and for fines by courts of justice ( not by the king , ) and amerciaments by peers ; besides the comments on magna charta ; there are divers book oases cited from henry the fourth , henry the sixth , richard the third ; in the fourth part of institutes , kings bench ; to which may be added greislies case , in the eighth part of reports . and the first of westminster doth add to the great charter ; or at least explain it , in this . but the mirror will tell us , it was an abuse , not to expound it , so largely before . and although the vvrit de moderata misericordia , ( in the register , and n. b. ) be founded on the statute ; yet it seemeth clearly , but in affirmance of the common law. as appeareth , not only by bracton and fleta ; but by glanvil , who did write before the charter : and by all the saxon laws , which were the samplers to king henry the first . but how tender our law hath always been , in matters that concern estate or liberty may well appear by all the executions , grantable for debt or dammages . the merchant and the staple , statutes are and were by statute , not by common law. they seem as sweeping rain , and storms , that drive away the body , goods , and lands in fee , ( at time of recognition ; or accrewing since : ) but none in tail , but during life of him that was the cognisor : nor copyhold , or goods or leases , for a term of years ; but only what was in possession , at the execution done . they are fore-known , and therefore may be well avoided , by all such as do not choose their own destructions . and there is a tender care in law , not only of exact , and punctual recognitions ; and recording of them , but in case of forfeit , upon a certiorari , sued forth from the chancery ; and not before return thereof , a capias , shall be granted ( on the statute merchant ) for the body only ; if it be a laic : and if laic be not found , ( and so returned into the kings bench or common pleas ; ) then on pauze of divers months , the exigent may be awarded . but in statute staple , on the first return of certiorari , may the execution issue forth , returnable into the petty bag ; of all it seems the worst , in this . but the merchants court , aequitatem summam desiderat : although a kind of peepoudres ; as bracton and the notes on fortescue . upon a recognizance a capias doth not go ; before a scire facias be returned into the chancery . then a capias or a fieri facias or an elegit ; at the choyce of cognisee ; as in other common judgements . and of these the fieri facias is the mildest , and the oldest , by the common law. it toucheth goods and chattels only : such as are the parties own ; not lent by , or leased to another . for although the sheriff find them , in the parties use and full possession , as he thinks ; yet may he be a trespasser in taking such ; and so may run the hazard of an action ; ere he be aware . nor did the old levari facias , seize the land : but corn , or that which grew thereon . an elegit , hath its name from his election , or his choice that sues it out : who so concludes himself from other executions . this did come by statute ; not by common law : and toucheth half the fee , and all the goods ; but yet with salvo to contenement : he must not lose his oxen , or his cattle for his plough ; for then he cannot live and keep his family . so tender is our law , for all estates and livelihood . nay this extent must not be made by sheriffs ; ( who may not divide a right ; ) but by a iury of inquest . and so must be returned , and preserved on record ; ( as the first capias , with all mean processe must , ) or else , it shall be nothing worth : as may appear at large , in the fourth and fifth parts of the great reports ; hoes and fulwood ; with divers other cases . and the second of westminster , that giveth this elegit , doth require both extent of lands , and prize of goods to be reasonable ; that is by inquest of twelve and so returned of record . as is cleared in the commentator . see also littletons parceners . a capias ad satisfaciendum , taketh the body ; but it is by statute only : for it did not lye , by common law , in debt or dammages ; but only where the original action , was for forceable trespass ; vi & armis . which is now , crept into every trespass . but of this sir william herberts case , in the third part of reports . it may be forbidden again by statute , as it was first granted : and that justly too for ought i know ; if other course be taken , for the payment of just and reasonable debts . for the capias ( as now managed , ) is a great mischief , and divers times , to the utter ruine of the debttors whole family . and yet but very little advantage to the creditor : except the debtor escape ( and so the sheriff come to pay the debt ; ) or except he dye in prison , and the plaintiff get an elegit , for the debtors goods at his death , or half his fee-simple , which he had at the time of judgement or after it . for an action for debt or dammages , doth but respect the person ; and the law attendeth not ; what lands were enjoyed at the original , or before the judgment . but an action , brought against an heir , may aim at land , and so may charge it ; although he aliene while the suit dependeth . neither shall i need to add , that all these executions , must be sued out , ( for this is required by law , except in the kings case : ) within one year and a day after judgment . yet they may be continued after ; and by a scire facias , be renewd or repealed ; till the judgment have full execution . but this was also given by statute : and to this may the debter plead , although he cannot plead against an execution . yet , it may be suspended by a writ of errour and recognizance , according to the statute of iames , and caroli . and without a writ of error , after judgement , if the defendant have matter to discharge him of the execution ; still the law is open for him . and he may relieve himself by a writ of audita querela . and in case of elegit , as soon as the debt is satisfied ; the debtor may enter on his lands again : and if he conceive the creditor satisfied by casual profits he may bring a scire facias ; upon which the creditor may clear , how much he hath received of the debtor's estate . unto this occasional discourse , i shall only add that grand maxime of our law , that executions ought to be more favourable , than any other process of law whatever : of which the great judge upon littletons releases , and the second of westminster in edward the first . and for executions , for the kings debt's ; restrained by the great charter ; i have little to add , to the comment on the eight chapter of that charter . but the twelfth of articuli super chartas , hath afforded a writ commanding the sheriff to accept of sureties : else an attachment lieth against him ; or the party may bring an action against the shetiff , that refuseth sureties . it is a maxime in law , that a mans house , is his castle : so that the sheriff cannot break it open for an execution . but upon a writ of seisin or possession , the sheriff , ( and other officers , upon suspicion of treason or felony , ) may break open an house ; and so also in common executions , where the king is a party . but in all such cases first the sheriff must request the door to be opened . and the first of westminster , doth also require solemn demand of beasts driven away into a castle or fort ; ( which is a kind of vetitum nomium which may be regained . by withernam . ) which case i cite the rather , because of the militia . for in such a case the sheriff or bayliff shall not only force his entry , by the posse-comitatus into such a castle ; on the suit of a subject : but it may also , come so far , that the said fort or castle , may be beaten down without recovery . and although it be said , it shall be done by the kings command ; yet it is well known and seen by experience , that it is , and always was by order of the courts of justice : and for this semain's case , in the fifth part of reports , may be very well added to the comments on the first of westminster . by which we see how much the very forts and castles or militia , must be subject to the courts of iustice : not the king only , but in and by his courts ; especially the parliament , that may command , controul and over-rule , all other courts . how tender the law is in case of estate , forfeit by alienation , i have touched before , much is to be added : nay in the worst and lowest estates by tenure of will , ( of which somewhat also before , for a fine reasonable , &c. ) as by copy ▪ where alienation , and wast against the custom , with other cases ( in the fourth part of reports , ) may forfeit to the lord : but he cannot out his tenant at pleasure , ( especially him that sweareth fealty ; ) but the said tenant may sue his lord , or bring his action of trespasse . for offices forfeited , by bargain and sale or brocage ; the statutes are clear and just . to which may be added the comments of littletons estates conditional : as also for forfeitures of conditions . it is expresly provided , by act of parliament , that no sheriff or any other person , do take or seize any mans goods , ( much less may he take his lands ; ) for treason or felony ; until he be duly convicted , or attainted by trial , confession or outlawry upon pain to forfeit double ; to the party grieved , nor is this only in richard the third , but in the first great charter , and before it also , as was touched before . among the saxons none were outlawed but for capital crimes : we find it often , in the mirror , and in such the out-law might be killed , by any that met him ; ( as might any man , attainted of premunire , that vast chaos of confusion ; till queen elizabeths time. ) i do not find any outlawry below felony till about the barons wars ; and then it came not below an action of forceable trespass , vi & armis . but ( in the common pleas ) it came to lie upon account , debt , detinue , covenant , and other petty actions : which the mirrour would pronounce a most great abuse . but in edw the third , there was some amends , in providing that none should kill an out-law , but a sheriff only with lawful authority . yet in inferiour cases , land issues might be sequestred , in the kings hands till appearance , or reversal . only in treason and felony , it forfeiteth as much ; as attainder by judgment . but it may be pleades and reversed divers ways . and a petty misnomer or a misdate , is ground enough to reverse it ; by a writ of errour . and of this the books are full . but nimin's case is a criticism in chronology . one of the sheriffs returns was dated on the th . of iuly in the second and third of phil. and mary ; but it was declared , there could be no such day , but in the d . and th . year , ( which was only , between the th . and th . of iuly : ) yet this was enough , to reverse an attainder of treason , by writ of errour . and in favour of life , our law admitteth pleas to out-lawries in capitals ; there where in other cases must be brought a formal writ of error . i cannot deny but even by the common law , upon indictment for treasom or felony , the goods and chattels might be inventored : but not seized as forfeit till conviction . nor are lands and tenements forfeit , till attainder by judge - and in case of appeal , ( which related no time ; ) that is only forfeit , which is possessed at the iudgment . but upon indictment ( dating the crime , ) the forfeiture will reach to the crime committed : although there be alienation before judgement . but no forfeiture before conviction ; no seizure before indictment . and the book of assizes telleth us , the judges took away , a commission , from one that , under the great seal , had power to arrest and seize on goods , before indictment . and how tender our law was , in this for estate , it may be seen at large in bracton and fleta ; with the old writ , not only in them , but in the register also ; relating to the great charter , forbidding all disseisin till conviction . yet it requireth the sheriff , per visum suum & legalium hominem , to apprise and inventory , all the offenders chattels , but with a double salvo , both for safe keeping them ; ( and for this security was to be given by the bailiffs or the township ; ) and for maintaining the person in prison , with all his necessary family . salvo tamen eidem capto , & familiae suae necessariae , quamdiu fuerit in prisona , rationabili esto verio suo . which was not only meat but cloathing , &c. as hath often been adjudged in edward the third , henry the fourth and other times . see the third part of institutes , cap. . it will not be long i hope before god stirreth up our governours to reform the crying sins , of this kingdom ( and not only gaolers ) in our oppressing grinding prisons . but the heathen moralist hath also told us , that divine wheels , are also grinding , and will grind to powder ; though they be slow in motion , as unwilling to revenge . it is true , that prisons should be by law , both safe and strait custodies ; nor should they admit such wandring abroad as some mens mony doth procure . but although recoveries on record ; ( much lesse discents ) do not bind men in prison , or conclude them for want of claim : yet upon motion prisoners may and ought to be brought to the court , in suits or actions against them , in case of judgement ; or where ever else , they ought to be in person present . and for this i may only referre to the commentator on the continual claim ; and the cases by him cited . how unwilling our law was to empair our liberty , was touched before in the capias on debt . and although some latter statutes do out-go our common law for imprisonments ; yet it is still received , for a general maxim in law , that prisons should be custodiae , not poenae . and where ever any man is unjustly in prison ; the law affordeth him , more ways of getting out than his enemies had to get him in . he may have an habeas corpus ; and he may have a writ de homine replegiando . he may have an action of false imprisonment . and may found an action on the great charter : or on it , may cause his unjust friend to be endicted . and the writ de odio & atia , was again revived though by statute once it was forbidden . and for these with bayl by judges or justices ; replevins by sheriffs , &c. we have the judgement of all the judges on articuli cleri : and the comments on the great charter ; with the statute of marlbridge , and the first and second of westminster . to which we may add the old records , cited by the great judge ( on littletons rents and releases ; ) for minors and women with child , being excused from imprisonment ; not only in judgment on trespasses , but an appeal of robbery . more curious yet , and tender is our law in all that toucheth life . the mirror is full of complaints , that in his time , ( and horn did live about king edward the first or rather the second for he nameth edward the first : ) some sins were made mortal , which were but venial . at was rape ( with him ) till edward the first . but none ( saith he ) can make a venial sin , mortal , by any statute without consent of the pope and emperour . and besides the saxon laws cited before , it is considerable that one the first normans ( called conquerours ) laws so often confirmed since , was this , that no man should be hanged or put to death for treason or other crime : but lose his eyes ( or be exect ) or some way dismembred that so he might be a living monument and spectacle proditionis & nequitiae . and of such there are many precedents , and of some banished ; but of very few hanged or put to death till about the time of fitz-osborn cited before . and rape was punished with loss of eyes , and exection ( in bracton ) before the statute of westminster . the second but in glanvil , it seemeth to have been as mortal as murder or burning . from the monk of malmsbury we find that the laws of henry the first , did punish this and theft , with loss of eyes and exection . but of this mr. seldens ianus , and his notes on hengham , shew the like customs , continued in winchester , and walingford . hanging is a late punishment for theft , but some kinds of felony did lose the head. and for adultery the woman of old did lose her ears and nose : but she was burnt to death , for killing her husband ; which caesar also observed of the british gaulish druids . but our ancestors allowed bail , in cases very high and hienous ; ( we must speak of treason in another place , ) that i say nothing of sanctuary , abjuration and clergy ; which was much larger than later statutes have made it . but of this for rhe peers in special ( although they could not read ) see the first of edw. the th . and a later statute of king iames , for burning and whipping of women who could not be clerks as men . it may be considered how our english mercy , may be continued some other way ; if this be put down . which is very disputable , and the plain truth is , it was much at the ordinaries pleasure . for they were not fined , for refusing to come before the justices ; who yet might reprieve the prisoner , in case of such refusal . and in case of sacriledge , it hath been declared at the ordinaries choice to give or deny clergy , for which an old record of edw. the d. is to be added to poulters case , with cawdries and biggens in the th . part of reports . this case of sacriledge is very considerable , being of all the most forlorn ; for being denyed the priviledge of sanctuary , it could not abjure . for this was appendant to sanctuary : whither the offended did first fly and then abjure . by the old law the person abjured must banish himself , into a forreign ( yet a christian ) country . but in henry the th . he was removed to some other english sanctuary . and in k. iames if it is taken away ; but what was allow●● in th . of elizabeth , which remaineth yet , ( without sanctuary ) for ought i know . but to all antiquities for abjuration and sanctuary in the mirror st. edward's and the saxon laws may be added , those of molmutius the old britain so long before christian religion . of whom before , and yet again ere long . pain fort and iure ( the pressing punishment in case of standing mute in petty treason and felony ; ) with martial law ; are not so old , as our ancestors mercy . yet in this they are merciful that they do not forfeit estate ; or attaint , and corrupt blood as do other capitals . but when shall we live , to have no need of that novel pressure , of law martial ? when shall we again return to our fore-fathers tenderness in all of blood ? and that not only in pitty but policy , both in this and other nations . who could else have made no great title to many of their best slaves in gallies and other employments . which yet were not so good as our mines might prove , if at least they were known how to be found , used and improved : as they may , and shall i hope ere many ages more are lost , or worse than lost , in hating , spoiling , killing and devouring one another . but of all little islands near us , the isle of map ( a very famous place of old , and a distinct kingdom of it self ; though appendant to this conquest , ) seemeth to be worthy of enquiry , for their laws and customs . which are very much , more compendious , than ours , in some cases of law , with all pleadings and process . in criminals they have strange customs it being with them more capital to steal a pig or a capon , than an horse or an oxe . one reason , is because they love plain dealing , and be open-hearted , and they hate the man that steals and hides , much more than him , that doth it in on open way . i find it in a very good author , and a great lawyer ; who reporteth them , to be industrious and religious , true and very free , from begging or stealing . all controversies are determined in little time ; with less expence , pleading or writing . yet in cases of unusual weight and doubt ; they have recourse to twelve they make and call the islands keys : being above their common deemsters ; whom they choose from among themselves . their bargains are compleated and comfirm'd , by the giving and taking , of as mean a matter as a straw : as of old also per traditionem stipulae , from whence the phrase of stipulation came . but these were moulded also by our british druids ; or of later date , our saxon ancestors . i need not speak , how curious our fathers were , in all their process , touching life : the way was still as punctual , as clear , and plain , as was the end. they loved to be just ; and to do justly . doth our law condemn or give power to condemn any man , without hearing ; or due summons to judgment ? i hope it never will. a great man of a good name , standeth upon record , as by parliament , condemned to death , without hearing ; or legal summons . but there is a blush , or a vail of oblivion , drawn upon it , by good writers , as a stain and a shame , to the parliament rolls : yet as a just judgment on him , that had first moved , that another , might be so condemned . and he so perished , by that law , which he would have made for others . this seemeth also , to be written in the law of nature . and doubtless , the sins of sodome were as notorious to god , in heaven , as any others , can be , to men in parliament . and yet , he would , and did , go down , to hear , and see , and proceed in a judicial way ▪ nor would he condemn or execute , before he had , not onely , cleared his justice in himself , or to his angels ; but also to abraham , lot , and other lookers on ; that he still might be justified , both when he judgeth , and is judged . for he still did , and will , put his actions on man's judgment . this process also towards sodom , is by many of our old lawyers , brought for the pattern of our laws ; in that especially , that none may be condemned without a legal hearing . and in this , and divers other things , do bracton and fleta borrow much from the laws of henry the first . and be the matter of fact never so notorious ; yet may there be some plea , that no man can foresee , or ought to forejudge before he heareth ; for all men may plead necessity , or force upon themselves ( as well as right and law ) for any thing they do amiss . and for this , and other reasons , the law doth suppose all men to be just , or excusable , till they be legally heard and adjudged . this difference , there is between the judges and the law-makers : for these ( they say ) do suppose all men to be evil ; but the judges should suppose all men to be good till they be proved to be evil . the charge and accusation , by the law of nature , ought to be clear , distinct , and particular , ( with time and place , or other circumstances ) else the party accused cannot discharge himself . universalia non premunt omnino , vel opprimunt ; generals do not press at all ; or else , they are apt to oppress . the witness , and the evidence , must also be so clear , that these must condemn rather than the judge , who sitteth as counsel for the party accused ; that so , he be not oppressed by , or against law. and besides the judges , ( in most cases , and in those also of life , in scotland ) there is counsel allowed by law , which may , and ought to be heard in particulars of law , or whatever may be justly disputable ; as treason is by statute . so , that of all crimes , by express acts of parliament , it ought to have no tryal , but clear and plain , according to the course and custom of the common law. in such cases , therefore , should the iudges ( both in law and conscience ) sit , and be , instead of counsel to the party . this they owe to every subject , though they had a special obligation to the king. who , to his own rights , ( and therefore to his wrongs ) was an infant in law ? and so expresly declared in the old mirror , besides other books . his politick capacity never , but his person ever in nonage , or supposed so in law : for it may be a child , or a woman not able to know the laws , and therefore always had , by law , a legal mouth assigned , in counsel of law ▪ and so might any man else ( of old ) it seems , for matter of demurrers , before judgment ; or for framing of legal appeal ( by writ of error , or some other way ) from any judgment whatsoever . it is also the law of this kingdom , and of nature , that though there be no councel assigned ; yet may any , in a good manner move the court to keep the party from injustice , or the court from error ▪ as stanford , and the d. part of institutes , cap. . , and . and in such cases it may be excused ( and not censured for rash zeal ) if some do , or shall appear , where or when , it may be thought they be not called . neither can the whole parliament of england , i suppose , make any court to condemn without lawful accusers , or lawful witnesses ; which , by express acts of parliament , is most especially provided in case of treason , in king edward the sixth , and queen maries reign : and tryal of treason , was most expresly tyed to the course and custom of the common law. nay , in full parliament of hen. the viii . it was declared , that attaint of treason , in , or by parliament , was of no more force or strength , than it was , or ought to be , by the common law : or this as good and strong , as that by parliament . nor can the whole parliament , i think , by the law of nature , and right reason , make any ( children , ideots , or all others ) whatsoever , to be , so much as accusers or witnesses ; that i say not indictors , tryers or judges . by express acts of parliament , in philip and mary ; edw. vi. hen. viii . hen. iv. hen. i. ( for , to him , doth the mirror , and his laws , lead us as to a clear crystal fountain of our law process ; ) none should suffer , for treason or other crime , but by lawful accusers , lawful witnesses , before those , that by law , might receive indictments ; which , with all enquest , are to be made , by honest , lawful , able men , neighbours to the fact. and the law of nature , with the law of the kingdom , giveth any man leave to except against some for accusers , others for witnesses ; and many for tryers . it being the known law of the land , that one may challenge the array ( either the principal pannel , or the tales ) as well as the polls ; and that the lowest subject , must be admitted , if he require it , to a perremtory challenge of divers , ( it is now , in most capitals , limited to . but in treason , it is , as at common law it was , to juries , or ) which may be challenged , without any particular reason . and the law of nature also seemeth to hear all reasons , and just exceptions , against any whatsoever . nor , shall i need to shew , how sutable our law is to the law of nature , in providing , that no infant , ideot , alien , abjured , perjured , or attaint , outlaw'd , or in premunire be of any enquest , or iury ; especially in case of life and death . and for tryers , besides all other exceptions ; this was thought enough that any of them had been indictors : which maketh fortescu so much to glory in our law , that putteth no man to death , but by the oath of four and twenty men . i should mispend my time to shew it to be the great law of the kingdom , as well as of nature ; that none may be iudg , and parties , in their own cause ; which may ere-long be found perhaps , to be the reason , of the three estates ; and very much of our common law , which is punctual in nothing more , than in providing for a clear distinction of accusers , witnesses , endictors , tryers , and iudges , especially in cases of treason ; which upon divers motions , of the commons in parliament , have been so often enacted and declared to be onely tryable by the course and custom of the common law , and no otherwise . nay , in parliament it self , and parliament men , there was , and for ought i find , always , the like course observed . for , in case of a peer , the custom of the kingdom is , to proceed by a special commission , to one as lord steward , and others ( at least ) for a iury of tryors ; besides accusers and witnesses ; and a formal indictment . and all from record to record ; or all this is illegal , if it be onely by the house of peers . if charge come from the house of commons , they are as indictors , being more than twelve sworn men , trustees to the whole kingdom ; and neighbours to the fact , or party , or both . to which also there must be a legal proof by lawful witnesses , or else the charge will not suffice . and in such indictments , from the commons ; the lords are the tryers ; and the king may seem as the iudg ; but in other courts also the judgment goeth of course upon the verdict ; and must be entred per curiam , ( as adjudged by the court ) although there be but one judge ; or tho' his mouth pronounce not the sentence . but we are not yet come , to debate the king's consent , to the lords judgment ; an indictment from the commons it is also to me very considerable how the house of commons could , or ever did indict . i cannot deny them to have been a court , and a court of record ; ( although some have seemed to question it ; and their records are not so ancient as some others . ) but i have not fully understood how they ever did make , or receive a formal , legal indictment ; when as they did not give a single oath , much less , empannel a iury , or enquest . yet some , there be , that without a writt , or any written commission , did and might do , this , virtute officii : but they be known , chosen , sworn officers of the kingdom , for such purposes ; as the peeples bayliffs , coroners , sheriffs , escheators ; and some officers about the forest ; who , by the common law , did summon and empannel juries . but so did not the house of commons . how then , did they indict ? of all crimes committed in the house , they are , and were , so much , the sole iudges , that they seldom use , to complain , much less to indict any other . and for any thing done abroad , i hope , they do not use to take rumours and reports ( though from their own members ) to be sufficient for , or equivalent to a legal indictment , on oath : seeing their scarce is , or can be any case so notorious , but it may be pleaded unto by somewhat of law , or necessity . and although i should yield the commons to be the masters of the law in making it ; yet they pleased to allow others , to be iudges in their laws . and if they reassume this also , yet it may be more easie to judge of some law , than of any fact ; at least as it may be cloathed , so as a curious search , or enquest , may be requisite to lay it clear and naked . neither can i see , how it may be necessary , to proceed against any by force , or illegal process , when it is easie , as well as just , to go rightly , as to do right . for who can imagine a case so dark and intricate , but it may be contrived so , that particular men may be accusers ; and others witnesses ? with a clear and real distinction between indictors , tryers , and iudges ? most of all in cases notorious and evident . for in such there may be less fear of the iuries verdict against evidence ; or of the iudges sentence against the verdict . or if this should happen in a tryal ; is there not a most heavy doom appointed by law for all iurors that forswear themselves , and goe against their evidence ? is there not a clear way of relief , by writ of attaint ? is it not worse than death , to forfeit all estate , and be thrown into prison ; while both wife and children must be turned out of doors and all ? for his house must be pulled down , his ground be plowed up , and his trees rooted out ; with loss of franchise ; and with a perpetual brand of villany . this is the common law for a perjured iuror ; and that also in petty cases : how much more might it be just in case of life and death ? and for corrupt iudges , our law is very severe ; altho' we have much lost the custom of the grand eyres in this also ; & king alfred be long since dead ; who hanged or more unjust judges , than cambyses flead . and for that the mirror may be a good comment on some passages , in alfred's life , by asser : and if it be true , that horn lived to the end of k. edward ; it is much wonder , that on such occasion , he did not also mention some of those judges by him so punished ; when there was scarce any left but good iohn of mettingham , and elias of bechingham . and of this the dissertations of fleta may be added to all before ; as that of sir william thorp and the great judg , in the third part of institutes , about corrupt iudges , and the iudge's oath . it is very considerable , how curious the iews were in creating , or rather ordaining of judges . for indeed the phrase of ordination seemed to be first raised from them. for which i have little to add to mr. selden on the eutychian , or alexandrian antiquities , ( as old as st. mark the evangelist . ) nor can it be denied but the jewish judges and magistrates had a very good right ; and so used ( as we find in the books of moses , and the kings , and tirshatha's ) to read and expound the law moral as well as iudicial . nay , in this , they seemed to have some advantage of the priests , or levites that had work enough most times in that which was but ceremonial . this may expound those pieces of scripture , old and new ; where we find some explaining scripture ; being neither priests , nor of the tribe of levi. and the iews punishments , of evil judges , are severe , and most remarkable ; nay , where all others were again restored to their offices after corporal punishment , their lord chief iustice or president of their sanhedrim , or any chief iustice , could never be restored again after such punishment ; no , not to be as one of his inferour colleagues . so just he ought to be and circumspect by daily experience , added to his own wisdom . our laws are so just , and so good , in themselves , that there could not be be so much cause of complaints , in all our gates , ( for such were the iews courts of iustice ) if our judges were such , as they should , and might be . and yet i cannot deny but that there be very great abuses among the lawyers , and attorneys , or solicitors ; but if the judges were as just , and wise as they may be , inferiour officers would soon amend , or comply for love or fear , so much as would prevent complaints and many of their causes . but it is the work of a god and not of a man , to reform abuses , in all courts of justice . hercules did never cleanse so great , so foul a stable , or a stall ; yet in this also , a wise and just parliament , will do much , and will need none of my help , or advice . how tender all should delegates be , in making delegates : but in nothing should they be more tender , or more circumspect , then in this of making judges ; for in these of all delegates , our law is most scrupulous . before the statute of merton , those that held by suit service , were bound to appear in person , because the suitors were judges , in causes not their own ; but by that statute , they had power given , to make attorneys ; but it was only , ad sectas faciendas , to make , or follow suites for them , but not to sit as judges : for , ( as the commentator addeth ) they could not depute , or make attornies in a place and act judicial . i will not , i cannot say , the commons of england cannot choose , or constitute their judges ; but this i say , or believe , their delegates ought to be exceeding curious ( i had almost said , exceeding scrupulous ) in making judges , and in bounding them to law , and justice , both in way , as well as end. i must again repeat it ; that it may not seem enough to settle judges , just and wise and good : nor only to provide , that they may do what is just ( i speak of end ) but men are men , and ought in cases of such consequence , to have their way , their rule , and square , ( by which they must proceed ) to be prescribed in their patents or commissions , that they may do justly too , as well as what is just . to me it seemeth to be reason , or the law of nature unto men , that the supreme court , should so limit all inferiours , that it may not be left at large , to their list or pleasure , to condemn or sentence without hearing , accusation , witness , or without such process and tryal , as shall be clear and plain , and so prescribed in the patent or commission . if it be not so done , and expressed , i know not what appeal can be , but from the court , before judgment : for , what appeal , what writ of error , or what plea can a man frame upon their judgment , who have no rule , no way of process prescribed , and so cannot err , transgress , or exceed their commission , no , not if they should without all accusation , proof , or witnesses condemn one to be sliced and fryed with exquisite tortures . they are judges , but unlimited in way of process , infinite and purely arbitrary . no they are men , and so they must be rational and iust ; which was presupposed by them that gave so vast power . they may be iust indeed , and so they should , but yet no thanks for this to their commission , if it do not bound , and limit out their way and manner of process , as it doth their work , and object , or their end ; which was the wont of english parliaments , who were just and wise themselves , that they did see or fear it might be possible for their committees , to be most unjust and arbitrary , if they were not most exactly limited . of all commissions , none were more curiously drawn and pointed out by our ancestors , than those of especial oyer and terminer ; because the cases were not only heinous ( so they ought to be ; ) but such as for some extr ordinary cause emergent , seemed to be as it were extra iudicial , and such as could not stay , and abide the usual process of the settled courts of justice . yet of these also did our fathers take most especial care , that they might be iust ( in way as well as end ) and that they might not be too high in iustice ; for it seems that they had also learned an usual saying of the antients , summum jus est injuria : so that in divers of the saxons laws , we find high iustice ( summum ius ) to be as much forbidden as injustice . and i should tremble at it , as an ill omen to hear authority commanded , the the kings bench or any other court , should be now stiled the bench of high-iustice : for in iustice , the higher men goe up , the worse , or so at least it was esteemed by our ancestors . their constant limitation was in every such commission , thus and thus you shall proceed ; but still according to the laws and customs of england : secundum legem & consuetudinem angliae ; and no otherwise , that is , as fortescu will say , you shall be pittiful in iustice , and more merciful then all the world , besides this kingdom . and if such a limitation were not expressed , this was enough to prove the commission , unjust and illegal ; which is so well known to all lawyers , that i need not cite n. b. or the register commissions , or scrogs's case in dyer , or so many elder cases , in edward the d. henry the th . and almost all kings reigns . nay , in king iames , among the great debates of uniting scotland to england , when it was driven up so close , that instead of secundum legem & consuetudinem angliae , it might be secundum legem & consuetudinem brittanniae ; it was resolved by all judges , that there could not be , that little change but of one word ( that doth so limit such commissions ) but by consent of parliament of both kingdoms . and in divers parliaments of ed. . ed. . hen. th . there were many statutes made , to limit all commissions of oyer and terminer ; as that they must never be granted , but before ; and to some of the iudges , of the benches , or of the grand eyre . nor those to be named by parties , but by the court : and with this usual restriction according to the known clause of the statute of westminster the d. in the reign of edward the st . but the printed statute must be compared with the roll , and with the d of ed. the d. for else , there may be in this ( as in other printed acts ) a great mistake , by leaving out , or changing one particle : for that clause , except it be for heinous offence , hath such influence into all the words before ; that by the known common law a supersedeas doth lye to such commissions , quia non enormis transgressio ; as the register may teach us . and although by law there may be granted a commission of association ; with a writ of admittance , of others , to the iudges , assigned for oyer and terminer : yet in all those commissions and writs the rule must be prescribed , quod ad iustitiam pertinet ; and that also according to the law and custom of the kingdom , which is so much the law of nature , that i need not wonder at the great judg , who in all his institutes , and so many reports , maketh those words absolutely necessary to the work of a lawful commission . and for more prevention , or redress of injustice and arbitrary process , were our ancestors so punctual in requiring records of all proceedings in the courts of justice ; which is so agreable to reason , and the law of nature , that the whole parliament of england , as i humbly conceive , cannot it self proceed in matters of highest concernment , but by record . much less can it licence other courts , to be without , or above record in such affairs . it is so well known to be the custom of the kingdom , that i shall not need to shew it in the statute of york , in edw. d . and many others , in affirmance of the great charter , nisi per legem terrae ( but by the law of the land. ) and in edw. d. it was , in full parliament declared to be the law of the land ; that none should be put to answer but upon presentment before iustices , or matter of record . and the d . of westminster is very punctual in requiring records for all legal exceptions , ( as well as other matters ; ) and provideth , that in case an exception should not appear on record , the party must produce the iudge's seal ; which may be required by writ , and cannot be denied ; no not in such exceptions as the present court do over-rule . and for enrolling records , the same statute provideth , that the king should not erect offices , or elect officers for enrollment ; fot that by the common law this did belong to the courts themselves , and judges therein : as to the sheriff also , to elect the county clerk for enrollments ; so that the king himself could not elect him , as we find in mitton's case . so punctual is our law , in all , concerning rolls , enrollments and records . which is also the law of nature ; and for many reasons . as for that of appeal , to which all courts on earth must willingly submit . nay heaven it self admits appeal , from its justice to its mercy ; so it would to justice also by some writ of error if it could commit an error . but however , that its judgments may be cleared to be just , it also proceedeth by record . for god hearkeneth , as the prophet saith , when ought is good , ( when they meet and speak well together ; a record is made , and bound up as a jewel ; ) and when evil also , some are watchers to record it . for the books shall be opened , and we shall all be judged by the record of heaven , and our own consciences , which are now foul draughts , but shall then be as fair and clear as those of heaven it self . but in courts on earth , if there be no records , there is scarce devisable a legal traverse or tryal , whether all be right , or appeal if any thing be wrong . for what appeal can any man make from that which doth not appear ? but it is only a transient air or breath , which may as soon be denied as it was spoken ! how can errors , not appearing , be corrected or amended by the parliament it self , or any other court , but onely that keepeth records of all our thoughts , as much as of our words or actions . i may be tedious in shewing how our law hath ever allowed appeals in ecclesiasticals ; they were agreed in the assizes of clarendon in opposition to appeals foreign , which were first attempted by anselm , as some affirm , but the date is later . and the lord dier , of appeals , is now printed in the th . part of institutes . the judgment of delegates , on such appeals , is called definitive : and yet not so but that it may be all redressed by a court below the parliament : for which we have the commission of review granted upon the delegates ; nay and upon high commission it self , as by a clause in that commission appeareth . to which may be added killingworth's case , and divers others . of the court admiral , much i might add from the laws of olerom in richard the st . and the rolls of henry the d. and edward the st . of which also the commentator on littleton's continual claim ; and the chapter of the last part of institutes . how it lieth open to the common law , and to daily prohibitions , may be fully seen in its complaints to king iames , which were as fully answered by all the judges . it is no court of record , and so did all the judges declare in iacobi ; yet it must keep records enough to ground an appeal ; which lieth from thence ( as from courts ecclesiastical ) to iudges delegate ; of which the th of elizabeth , and other statutes . county , hundred , baron courts ; and those of antient demesne , ( with all close writs ) are not of record . the sutors are the iudges ( as was said before ) in cases not their own . and some have thought they did proceed ( much by fancie ) without legal proof and witnesses , till the great charter , commanding all bayliffs to put no man upon oath , without faithful witnesses . but we have found the charter long before king henry the d. and in that phrase of bayliffs ( which in france are governours and magistrates , as in eldest towns or cities with us ) some great lawyers include all iudges , as fleta with the mirror ; which also calleth coroners the peoples bayliffs ; and the sheriffs returns are de baliva . these inferiour courts being not of record , held petty pleas of debt or damages , under s : ( antient demesn had other prviledges ) but not of forceable trespass , vi & armis ( finable to the crown . ) yet these also must keep copies or some such records as may suffice for appeals . for they may be questioned , and their proceedings being denied shall be tryed by iury , and upon their judgments lyeth a writ of false judgment ; not a writ of error . but in the case of redisseison the sheriff is iudg by the statute of merton ; and a writ of error lieth on his judgment . but in case of debt , detinue , trespass , or other action above s. where in the county the sheriff holdeth plea by force of a writ ( or commission ) of iustices ; the sutors are still the iudges , and no writ of error , but false judgment lieth on them . nor doth the coroner's judgment of out-lawry in the county court forfeit goods till it be returned and appear on record ▪ nay , the coroners certificate , on a certiorari , did not disable the out-law ( although the king might seize his goods ) till the return of the exigent , quinquies exact . but a writ of error is proper to record , and from record , and a plea of nul tiel record is not tryable by witness or iury , but onely by it self in a court record . such are the sheriffs turns , and from them ( as from counties , hundreds ) came the court leets ; which may be held by prescription against the great charter : in which leets the steward is iudg ; as in the turns the sheriff and bishop was , till the first norman , who by parliament exempted the clergy ( as was touched before . ) but the laws of henry i. bring them again into the seculars . so also the th . of marlbridg ; and before it the laws of clarenden for all barons , or tenant in capite to attend the great court till sentence of life or member , which continued long in the parliament also . the turn enquireth of common nusance , and of felonies ; de furtis & medletis , whence our chance , or chaud medly ; hot debate or sudden fray : see the notes on hengham ) but not of murder , or death of man ; which alone ( of all felony ) belongeth to the coroner . he was a very antient officer , and ought to be made a knight ; for which the register and rolls of edward the d. where a merchant , chosen coroner , was removed , quia communis mercator . he must have a good estate , and might receive nothing ( of subjects ) fot doing his office. but by late statute he hath a mark on indictment of murder : yet upon death by misadventure he must take nothing . see the comments on the st . of westminster . the coroner's court is of record ; and he may take appeals as well as indictments ( upon view of the body ) and must enter them , but cannot proceed , but deliver them up to the iustices ( which is as antient as the great charter ) for the next gaol-delivery , or the king's bench sometimes also ; he is locum tenens to the sheriff ; and he standeth when the king dieth . when also so many think there is no sheriff ; but it may be more considered . i must not stay in the court of peepoudres , ( incident to every fair or market , as a court baron to a mannor ) although it be a court of record ; and a writ of error lyeth on its judgment ; for which iones and hall's case in the th part of reports , and in the th institutes . i need not speak of writs of error from the common pleas to the kings bench ; from the king's bench to the exchequer-chamber ; and from thence ( as from the king's bench also ) to the parliament ; or of the known statute of henry the th . making it felony to steal , withdraw , or avoid records , or any parcel of record . but of no records , is the law more punctual than in of extraordinary cases , of oyer and terminer , which were more private oft , and less fixed , being transient on emergent cases ; which yet being heinous , seemed to require most exact records , especially because there might be appeal so just and needful , if the judges exceeded but one tittle of their commission . if it were discontinued or expired , then the indictment and all records were to meet in their proper center at the king's bench : but in other cases records of oyer and terminer were sent into the exchequer . so in edw. the d. as in elizabeth , results on charitable uses , and the like , were to the chancery by act of parliament . the great seal was the soul to inform and actuate the body of records in all exemplifications from the rolls ; in all writs pattents or commissions ; and the rather also , that by this nothing of moment might be hudled up , but duly weighed and considered , while it passed so many hands and judgments as it should before the sealing . nor shall i add , that an act of parliament it self is not pleadable in a court of record , but from record , or under the seal ; whence the old custom was to remove the records of parliament by a writ of certiorari into the chancery ; thence , by the lord chancellor , into the kings bench ; and thence , by a mittimus into the common plea and exchequer ; with an usual writ commanding all the courts to keep and observe such acts of parliament , which of old were proclaimed by the sheriffs , and were put under the seal ; ( as we may see by the proclamation now printed among the statutes of edw. the d. ) and they were not hudled into print in those days ; not of such vertue in print as on record , and under the seal . for there were not then such printers , or copiers that ( without much caution ) our fore-fathers durst trust with all their lives and estates ; which by one dash of a pen the change of a not , a with , a to , a for or a from , might be soon destroyed or enslaved . much less then should a court of record be created but by record ; yea , and that be shewed under the seal also . for when the seal was moulded , our ancestors ordained that no jurisdiction should be grantable but under the seal , which should be known , and obeyed by all the people ; as the mirror discourseth at large . in edw. the th . it was resolved by all the judges , in the exchequer-chamber , that no man could be a iudg or iustice by writ ( which was also sealed ) but by open pattent , or a publick commission . but the lord chief iustice of england hath of late no such commission or pattent , yea a sealed writ ; and of old he was also created by pattent till about the end of king henry the d. if good authors deceive me not . it seemeth also somewhat disputable , whether he were not included in the statute of henry the th . for commissions to the judges , by letters pattent under the seal . however , the words are plain enough , for iustices of eyre ; which of old were also by writ , as those of oyer and terminer ; but now not to be but by comission , or pattent under the great seal . which commission should also be read and shewed in court lest there be some kind of demurrer , or exception unto jurisdiction , which hath been in some cases at the kings bench , and may be by law to all now judges by special commission , except it be produced under the seal , if the old books deceive us not ; who do do not onely ascribe all jurisdiction to the seal , but in all legal exceptions ever admit of that to the iudg , if he be a party , or have not jurisdiction , or be otherwise incompetent . that the parliament also will never erect or create any court of record , but by record , and open commission under the great seal , i do the rather believe , because the seal is so proper and peculiar to the parliament , being made by common consent ; ( of which the mirror , and others at large ) and by such common consent used and committed to the special care of the chancellor , or lord keeper of england , as he was called for keeping that which our fathers esteemed as the kingdoms key or clavis . it is well known how king henry the d. was brought to acknowledg , that among all great officers the lord keeper or chancellor did especially belong to the choice of the parliament : and ralph nevil among others refused to yield up the seal to the king when it was demanded , saying that he had received it by the common councel of the kingdom , and without their warrant he would not deliver it ; of which both matthew paris , and matthew of westminster . from the continual use of this seal in parliament , it is the law and custom of the kingdom , that the lord keeper shall have place in parliament still to be there with the sael ( although he be often no peer , and have no vote but ) for making and sealing of charters , pattents , commissions and writs framed by parliament . for although the register ( made or continued by parliament , ) be now so full that there be little need ; yet the framing of new writs was a great work of old parliaments , as appeareth in the books and statutes , as in that of westminster the d . de casu consimili . and as if the parliament had made no laws at all , but onely new writs the old modus brancheth out all the laws of parliament into originals , iudicials and executives , which all know to he the division of writs ; those especially de cursu , drawn by the cursitors ; for brevia magistralia were let to be framed by the masters of chancery , as appeareth at large in bracton and fleta and in the oath of the six clerks , or other clerks of chancery in ed. with that of ed. . de casu continili ; in which statute it is asol provided , that if the masters could not agree in framing such a new writ , they might , if they saw cause , respit the parties till the next parliament , that so it might be formed by advice of all the great lawyers of the kingdom . yet besides this of making and sealing of writs , there was another work , and great use of the masters of chancery in parliament : which was the receiving of petitions , ( as the rolls of most times witness ) it being the old mode ; and others accounted it somewhat against reason , that petitions should be taken and brought into the house , by those that were to debate and determine them , and so might at pleasure keep them out , or too hastily might press them in . whereas they were to be filled up in course , and so to be debated as they were received , which was therefore entrusted to the care of known and sworn officers of the kingdom : although of late , their work in parliament be so strangely degenerate from that it was of old : when also beside receivers , there were some appointed for tryers of petitions , who ( as it seemeth ) were to enquire of matter of fact , expressed in the petition , that it might be cleared and rightly stated before it came to be debated in full parliament . i do not deny but these triers of petitions were most frequently some of the bishops , and other barons : but by this i am not convinced , that the lords had by right and legislative power , or were the sole determinors of all petitions , as some would infer ; or that they were the sole judges ; except also the petty jury that are tryers of fact , shall be esteemed the sole judges of matters of law. and yet i shall not deny , but petitions concerning abuses or errors in judicature were often deermined by the lords as the great judges ; but of error in the king's bench , as judges above the king , ( as was shewed before ) or from the exchequer . in queen ellzabeths time , for the seldom meeting , or great affairs of parliament , the writs of error from the king's bench were by special act of parliament to be brought before the judges of the common pleas , and barons of the exchequer , and by them to be determined . but with these express limitations , as the law shall require ; other than for errors to be assigned , or found , for , or concerning the iurisdiction of the said court of kings bench , or for want of form in any writ , process , verdict &c. and that after all , the records , and all concerning them , be remanded to the king's bench , as well for execution as otherwise , as shall appertain ; and ( with this express proviso ) that any party agrieved by such iudgment , in the exchequer , shall and may sue in parliament for a further and due examination . by which i do not see such parties agreed were absolutely tied to petition the lords onely , although it were onely in a case judicial . yet i deny not but in edward the d. there was a committee made of a bishop , two earls , and two barons to hear and determine all petitions complaining of delays or grievances in courts of justice . but with great limitations , so that they must send for the records and judges , which were to to be present , and be heard , and then by good advice of the chancellor , treasurer , judges ( and other of the council ) to make an accord ; yet so that all be remanded to the judges before whom the cause did first depend , who were then to proceed to judgment according to the accord of the said committee . and in case it seemed to them to be such as might not well be determined but in full parliament ; that then the said records or tenors should be brought by the said commitee to the next parliament ; it being the common law of the kingdom , and so expressed in all the old books , that all new , unwonted , difficult matters of consequence should still be brought and submitted to the judgment of full parliament , so that all our iudges did , and ought to respit such causes till the next parliament , of which there be almost innumerable precedents in all the rolls . nay , in richard the d . there was a committee of lords and commons appointed to hear and determine all petitions present in that parliament . but afterwards it was adjudged and declared , that such a commission ought not to be given ; committing or betraying the high power of parliament into a few private hands ; as we may learn out of henry the th . beside other times . yet the modi of parliament admit that some extraordinary cases , where the estates could not agree ( or the greater part of the knights , proctors , citizens , &c. ) there , by consent of the whole parliament , the matter might be compromised to . chosen out of all degrees , and to fewer , till at length it might come to . who might determine the case , except that being written it were corrected by assent of parliament and not otherwise . and this seemeth to be the law of nature and right reason , that delegates should not delegate others , which was one reason why the commons never made pracies as the lords did . nor might any committee so determine but there might be appeal from it to the parliament . nor doth the parliament it self conclude so , but that there may be appeal from its self to its self , even to its iustice if it erre , or at least to its mercy by some motion or petition . in one parliament of richard the d . it was enacted , that no man condemned by parliament should move for pardon ; but another parliament years after did annul this branch , as unjust , unreasonable and against the law and custom of parliament . for from this , which is the highest here , there still lieth appeal from its self to its self . for which also , by the laws and customs of the kingdom , there were to be frequent parliaments , that so the errors or omissions of one ( being still human , and therefore errable ) might be corrected and amended in another . by express statutes of edw. the d. we are to have parliaments once every year , and oftner if need be . they were of old three or four times a year , as may be found in all the old historians , speaking of the great feats in the militia in king alfred's time , they were to be twice a year ; and that at london as the mirror affirmeth , which we compared with the laws of the confessor : and i speak also of king edgars and canutes laws for the celeberrimus conventus ex qualibet satrapta , which the great iudg applieth to the parliament . eternity it self would be a burthen unto him that is not pleased with his being : so would omnipotence to him that is unhappy in his acting : it was therefore goodness in god to limit man , as well in doing as in being . it was also the wisdom of our ancestors to bound and limit out the being , acting , and continuing not onely of other judges , but also of parliaments . yet the old modi of parliament agree in this , that a parliament should not be dissolved till all petitions were discussed and answered ; and that after all there should be proclamation made in some open place , whether any had a petition or just address to the parliament ; and if none replied then it was to be dissolved . i need not shew the care of our ancestors , or former parliaments for most strict observation of their own good orders and customs of parliament , which are such so just and reasonable , that they well deserve a peculiar discourse by themselves ; and suppose it not impossible to clear them more by the practice and consent of most ages in this kingdom , which might also be useful for the times to come . and although it might be possible to find some of their old custome fit to be changed ; yet my hope is they will retain and observe such rules of right reason , good orders and customs as may still make this an happy nation ; and that they will be mindful of their great trust ; for which they are accountable : and however it may be in this world , yet they also must be judged at his coming , who shall bring every work into iudgment with every secret thing , whether it be good , or whether it be evil ? and i am not ashamed both to long and pray for his coming ; who is king of kings , and lord of lords ; the prince of salem , that is peace , as well as king of righteousness , melchizedek , the lamb upon the white thone . all the creation groaneth ; and the spirit and the bride saith , come lord iesus , come quickly . finis . a treatise, shewing that the soveraignes person is required in the great councells or assemblies of the state, as well at the consultations as at the conclusions written by sir charles cotton. cotton, robert, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a treatise, shewing that the soveraignes person is required in the great councells or assemblies of the state, as well at the consultations as at the conclusions written by sir charles cotton. cotton, robert, sir, - . [ ], p. s.n.], [london : . caption title: the right vvorshipfull sir robert cotton, knight and baronet, his speech in parliament. filmed also in james howell, cottoni posthuma, . reproduction of original in huntington library. eng prerogative, royal -- great britain. great britain -- politics and government -- - . a r (wing c ). civilwar no a treatise, shewing that the soveraignes person is required in the great councells or assemblies of the state, as well at the consultations cotton, robert, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a treatise , shewing that the soveraignes person is required in the great councells or assemblies of the state , as well at the consultations as at the conclusions . written by sir robert cotton , knight and baronet . in domino confido printer's or publisher's device printed in the yeare . the right vvorshipfull sir robert cotton , knight and baronnet his speech in parlament . that the soveraignes person is required in the great councells or assemblies of the state , as well at the consultations , as at the conclusions . since of these assemblies few dieries or exact journall books are remaining , and those but of late , and negligently entred the acts and ordinances only reported to posteritie are the rolls . this question ( though cleare ) in generall reason and conveniencie must be wrought out of , for the particular out of such incident proofes , as the monument of storie and records by pieces learne us . and to deduce it the clearer downe , some essentiall circumstances of name , time , place , occasion , and persons must be in generall shortly touched before the force of particular proofes be layd downe . this noble body of the state ( now called the houses in parliament ) is knowne in severall ages by severall names . concilia , the councells in the eldest times , afterwards magnum , commune et generale concilium , curia magna capitalis et curia regis : sometimes generale placitum , and sometimes synodus , and synodalia decreta , although as well the causes of the common wealth as church were there decided . the name of parlament ( except in the abbots chapters ) was never heard of unto the reigne of king iohn , and then but rarely . at the kings court were these conventions usually , and the presence , privie chamber , and other room convenient for the kings in former times , ( as now ) then used : for what is the present house of lords , but so at this day ? and was before the firing of the palace at westminster about . h. . who then and there resided . improbable it is to beleeve the king excluded his owne privie , and unmannerly it is for guests to barre him their companie , who gave to them their entertainment . it was now at first ( as now ) edicto principis , at the kings pleasure . towards the end of the saxon , and in the first time of the norman kings it stood in custome-grace , to easter , whitsuntide , and christmas fixed : the bishops , earles , and lords ( ex more ) then assembled : so are the frequent words in all the annalls : the king of course revested with his imperiall crowne by the bishops , and the peeres assembling , in recognition of their preobliged faith and present dutie and service ; untill the unsafe time of king iohn ( by over-potent and popular lords ) gave discontinuance to this constant grace of kings , and then it returned to the uncertaine pleasure of the soveraigne summons . the causes then ( as now ) of such assemblies , were provision for the support of the state in men and money , & well ordering of the church and common-wealth , and determining of such causes , which ordinarie courts nesciebant iudicare , ( as glanvill the grand iudge under h. . saith ) where the presence of the king was still required , it being otherwise absurd to make the king assentor to the judgements of parliament , and afford him no part of the consultation . the necessitie hereof is well and fully deduced unto us in a reverend monument not farre from that grave mans time , in these words , rex tenetur omnimodo personalitèr interesse parliamento , nisi per corporalem aegritudinem detineatur , and then to acquaint the parliament of such occasion by severall members of either house . causa est quòd solebat clamor et rumor esse pro absentiâ regis , quia res damnosa & periculosa est est toti communitati , parliamento , & regno , cum rex a parliamento absens fuerit : nec se absentare debet , nec potest , nisi duntaxat in causâ supradictâ . by this appears the desire of the state to have the kings presence in these great councells by expresse necessitie . i will now endeavour to lead the practise of it from the darke and eldest times to these no lesse neglected of ours . from the yeare . to neare . during all the heptarchy , in all the councell remaining composed ex episcopis , abbatibus , ducibus , satrapis , et omni dignitate optimatibus , ecclesiasticis scilicet & secularibus personis pro utilitate ecclesiae & stabilitate regni pertractatum . seven of them are rege presidente , and but one by deputy ; and incongruous it were , and almost non-sence , to barre his presence that is president of such an assembly . the saxon monarchy under alfred , etheldred , edgar in their synods , or placita generalia , went in the same practise , and since . thus ethelwold appealed earle leofrick from the countie ad generale placitum , before king etheldred and edgyra the queen , against earle goda to eldred the king at london , congregatis principibus & sapientibus angliae . in the yeare . under edward the confessor , statutum est placitum , magnum extra londinum , quod normanni ( ex francorum consuet udine ) parliamentum appellant , where the king and all his barons appealed : godwin for his brother alureds death , the earle denyed it , and the king replyed thus , my lords , you that are my liege men , earles and barons of the land here assembled together , have heard my appeale , and his answer : unto you be it left to doe right betwixt us . at the great councell at westminster . . in easter week the cause of the two arch-bishops lanfrank , and thomas , ventilata suit in praesentia regis gulielmi , and after at windsor sinem accepit in praesentia regis . at the same feast , anno . ( the usuall time of such assemblies ) the king , the arch-bishops , bishops , abbots , earles , and chiefe nobilitie of the kingdome were present : for so are the words of the record . the cause betweene arsast bishop of norway , and baldwin abbot of burie , was also argued , et ventilata in publico rex jubet teneri iudicium , causis auditis amborum . the diligence of his sonne ( the learned h. . ) in executing of this part of his kingly function , is commended to posteritie by walter maps ( a learned man , trained up , and dear in favour with h. . ) in these words : omnia regali more , decentique moderamine faciebat , neminem volebat egere justitia , vel pace : constituerat autem ad tranaquillitatem omnium , ut diebus vacationis , vel in domo magna sub dio copiam sui faceret usque adhoram sextam , ( which was till , as wee now account ) secum habens comites , barones , proceres , et vavasores , to heare and determine causes , whereby he attained the sir-name of leo iustitiae in all stories , and so out went ) in quiet quiddance of the state ) his best progenitors . the next of his name that succeeded , is remembred every where for the debates and disputes he heard in person with thomas the arch-bishop , and others of his part at the greatest councels , both at london , clarendon , and northampton for the redresse of the many complaints of the commons against out-rages , and extortions of clergie men . in the yeare . die pentecost . apud . edmundum : the same king ( diademate insignitus ) with the bishops , abbots , earles , and barons of the kingdome sate dayly himselfe and heard all the debates concerning the liberties & charters of batell abbie . the interlocutorie speeches as well of the king as the lords and parties are at full related in a register of the church : the suit between the church of lincolne and s. albans in praesentia regis h. archiepiscoporum , episcoporum omnium angliae & comitatum & baronum regni , was at westmin . debated and ended : and had the love of memorie and truth bin a protector to the publick records of the state , as the awe of the clergies censure was a guard to theirs in tempestuous times , we had not been now left to the onely friendship of monkes diligence for example in this kinde . at lincolne the arch-bishop , some bishops , but all the earles and barons of the kingdome , unà cum rege joanne congregati ad colloquium de concordia regis scotiae , ( saith a register of that church . ) this use under king h. . needeth no further proofe than the writ of summons , then ( as some report ) framed , expressing both the kings mind and practice . it is nobiscum & praelatis , & magnatibus nostris quos vocari fecimus super premissis tractare , & concilium impendere : which word nobiscum implyeth plainly the kings presence . what the succeeding practice was from the . year of e. . the proper records of this inquirie , ( the iournall books being lost ) i am inforced to draw from out the rolls of acts wherein sometimes by chance they are remembred . edward the . was present in parliament the . yeare of his reigne , at the complaint against the spencers , and at a second parlament that year for the repeale of their banishment . in the . of e. . the king was present at the accusation of roger mortimer , but not the triall , and the next yeare in the treaty of the french affaires . in the . yeare , intererat rex in causa iohannis de gray & guilielmi de la zouch : and the same yeare . die parliamenti , the king was present at the debate about his voyage into scotland . in the . yeare the king in the painted chamber sitting with the lords in consultation , the arch-bishop after pardon , prayes that for better cleering himselfe , hee may be tryed in full parlament , which was granted . in the . in camera alba ( now called the court of requests ) rex cum magnatibus conveniunt communes super negotiis regni . in the . of r. . the king departed from the parliament in some discontent , when after some time , lords are sent to pray his presence , and to informe his majestie , that if hee forbeare his presence amongst them . dayes , that then ex antiquo statuto , they may returne absque domigerio regis , to their severall homes . henrie the . began his first parlament the first of november , and was the . day of the same moneth at a debate about the duke of britanie : the . day the cause of the arch-bishop was before him proposed onely . the . of nov. he was at the debate whether the commons had right of iudicature , yea , or no . on the . hee was with the lords in their consultation about the expedition against the scots , the creation of the duke of lancaster , and the prohibition of a new sect from entring this kingdome . some ordinances were at this time consulted of concerning the staple , and the sentence against haxey after dispute revoked . this king began his second parliament the of ianuarie , and on the . of februarie was present to make agreement betwixt the bishop of norwich , and thomas of erpingham . on the . day of the same moneth , hee was present at councell for repressing of the welch rebells , for revocations of stipends , and concerning the priors aliens . on the . they advise before the king of the sestertian order . on the . of march of the statute of provisions , the keeper of the privie seale , and relieving of the two vniversities . on the . of march they mediate before the king a reconciliation betwixt the earle of rutland , and the lord fitzwaters . he also began a parliament in his fifth yeare , upon the . of ianuarie , and the . they advise before the king , of guarding of the seas , and the welch rebellion . on the . of februarie , the earle of northumberland is charged before the king , and in his presence , and by his permission , divers of whom hee knew no harme were removed from the court . the next day at the petition of the commons , hee tooke upon him to reconcile the earles of northumberland & westmerland , and on the . of februarie of northumberland and dunbar . in a parlament of the . of h. . a challenge of seat in parliament betwixt the earles of arundell and devonshire was examined and appoynted by the k. with the advice of the lords . in that great capitall cause of the duke of suffolke , . h. . i find not the king once present at the debates , but the duke appealing from his tryall by peerage to the k. is brought from out the house of lords to a private chamber , where the king ( after the chancellor in grosse had declared his offence , and refusall ) himselfe ( but not in place of judgement ) adjudged his banishment . by the rolls of k. ed. . it appeareth that hee was many dayes ( besides the first and last ) in parliament , and there are entred some speeches by him uttered , but that of all the rest is most of marke , the reporter then present tells it thus , of the duke of florence , and the king , tristis disceptatio inter duos tantae humanitatis germannos : nemo arguit contra ducem nisi rex , nemo respondit regi nisi dux . some other testimonies were brought in ; with which the lords were satisfied , and so formârunt in eum sententiam damnationis , by the mouth of the duke of buckingham ( then steward of england : ) all which was much distasted by the house of commons . the reigne of h. . affords upon the rolls no one example ( the journall books being lost ) except so much as preserves the passages of eight dayes , in the . of his reigne , in which the king was some dayes present at debates , and with his owne hand the . day of the parlament delivered in a bill of trade there read : but had the memoriall remained , it is no doubt but hee would have beene found as frequent in his great councell of parlament , as hee was in the starre-chamber ; where by the register of that court appeareth , aswell in debate at private causes , that touch neither life nor member , as those of publick care , he everie yeare of all his reigne was often present . of h. . memorie hath not been curious ; but if he were not often present , peradventure that may be the cause of the disorder , which the learned recorder fleetwood in his preface to the annalls of e. the . r. h. . & h. . hath observed in the statutes made in that kings dayes : for which cause hee hath severed their index from the former ; and much lay in the will of wolsey , who was ever unwilling to let that king see with his owne eyes . edward the sixt in respect of his yong yeares may be well excused ; but that such was his purpose appeares by a memoriall of his owne hand , who proposing the affaires of councell to severall persons , reserved those of greatest weight to his owne presence , in these words : these to attend the matters of state , that i will sit with them once a weeke to heare the debating of things of most importance . vnfitnesse by sexe in his two succeeding sisters to be so frequently present as their former ancestors led in the ill occasion of such opinion and practise . most excellent majestie : your most humble servant , in discharge of obedience and zeale hath hastned up this abstract , which in all humilitie he offers up unto your gracious pardon . presumption to enter the closet of your counsell is farre from his modestie and dutie . what hath been your powerfull command , he hath made his worke ; what is fit to be done with it is onely your divine judgement : he dares not say , that presidents are warrants : to direct the successe is as worthy observation as the knowledge thereof , sometimes have made ill examples by extension of regall power through ill councells , with ill successe . some as bad , or worse , when the people have had too much of that , and the king too little , the danger no lesse . to cut out of either of these paternes to follow were but to bee in love with the mischiefe for the example . the cleerer i present this to your highnesse , the nearer i approach the uprightnesse of your heart , ( the blessed fortune of your happy subjects . pardon ( most sacred majesty ) that i offer up to your admired wisedome my weake , but dutifull observations out of all the former gathering . in consultations of state , and decisions of private plaints it is cleare from all times , the king was not onely present to advice and heare , but to determine also . in the cases criminall , and not of blood to barre the king apart were to seclude him the star-chamber ( as far from reason as example : ) the doubt is then aloud in crimes meer capitall . i dare not too much commend the times that left these patternes , either for the causes or effects , but wish the one and the other never more . to proceed by publick act of commons , peeres , and king , was most usuall : appeales are gone by the law of henrie the fourth . of this now in debate , the way i feare is yet obscure . as great advise of state is as needfull for the manner , as for the iustice . the example in the cause of the duke of suffolke , . h. . where the king gave judgement , was protested against by the lords . that of the duke of clarence , . e. . where the lords , and the high steward ( the duke of buckingham ) gave judgement , was protested against by the house of commons . in both of these the king was sometimes present ; but which of these may suit these times i dare not ghesse . that of . r. . of gomenys and weston accused by the commons plaint for treason was tryed by the lords in absence of the king , but sentenced by the lord scroop steward for the king : the accused were of the ranke of the accusers , commons , and not lords . how this will make a president to judge in causes capitall a peere of parliament , i cannot tell , but i should conceive a way answerable as well to parlament as other courts . if the king and the lords were traytors , and the common assentors to the iudgement , to heare together the charge and evidence , the lords ( as doth the iurie in other courts ) to withdraw , to find the verdict ; and then the steward , for the k. to pronounce the sentence ; it passeth so by way of act : a course that carryeth with it no exception , and likely to avoyd all curious questions of your highnesse presence there . if your humble servant hath in this expression of his desire to doe you service , presumed too farre , his comfort is , that where zeale of dutie hath made a fault , benignitie of goodnesse will grant the pardon . finis . notes, typically marginal, from the original text notes for div a e- ex conciliis reg. saxon. cantuar. glanvill . liber ely . leges etheldredi regis . ingulphus croylandensis . registr. . monast. . palat . regale westmonast . regist. eliense . annales monaster . liber de bello . registr. . wigorniense . ioannes ewegden . matth. parls hoveden . bracton . glanvill fleta modus tenendi parliament . ex registr. . concili r. cantuar. ex concilio withredi r ex synodis & legibus alfredi , etheldredi , edgari . ex regist ab●ington . gesta st. ed● . ga●i●è . allured . rivalens . vita ed● . confessoris . registr. . cantuar . ● . registrum sancti edmundi . walterus maps de r●gis 〈◊〉 . henr. hunting malmsbury . vita tho. cantuariensis . fitz-stephan . gesta h. . benedic . abbate authore . reg. monast. . de bello . reg. lincolniense . lib. burton-monaster . rot. claus. a. . h. . rot. parl. . e. . rot. parl. . e. . rot. parl. . e. . rott . parl. . e. . rot. parl. . e. . chronicon henvici knighton . rot. parl. . h. rot. parl. . h. . rot. parl. . h. . rott . parl. . h. . rot. parl. e. . regist. croylandense . ex cartis parlamen . . . . ex regist. camerae stellatae . ex annalib . fleetwood , recorderi london . the defence of the parliament of england in the case of james the ii, or, a treatise of regal power and of the right of the people drawn from ancient councils ... and more especially the ordinances of the doctors of the church of rome ... : wherein is demonstrated that the holy scriptures are so far from being contrary, that they do even assent thereto / written in latin by p. georgeson, kt. ; translated by s. rand. georgeson, p., sir. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing g estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the defence of the parliament of england in the case of james the ii, or, a treatise of regal power and of the right of the people drawn from ancient councils ... and more especially the ordinances of the doctors of the church of rome ... : wherein is demonstrated that the holy scriptures are so far from being contrary, that they do even assent thereto / written in latin by p. georgeson, kt. ; translated by s. rand. georgeson, p., sir. rand, s. [ ], [i.e. ] p. printed for timothy goodwin ..., london : . marginal notes. reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng james -- ii, -- king of england, - . prerogative, royal -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the defence of the parliament of england in the case of james the ii. or , a treatise of regal power and of the right of the people , drawn from ancient councils , the determinations of wise-men , and more especially from the ordinances of the doctors of the church of rome , as also from reasons fetcht from the law of nature and of nations . wherein is demonstrated that the holy scriptures are so far from being contrary , that they do even assent thereto . written in latin by p. georgeson kt. translated by s. rand. london : printed , for timothy goodwin , at the maiden-head , over against st. dunstans-church in fleet-street mdcxcii . the preface to the reader . a man would think the brevity and the nature of this small treatise , which is composed of nothing else but testimonies , examples and demonstration , should have saved me the trouble to prefix a preface before it , which usually being nothing else but an extract of what is most useful in any work , it did seem supersluous in this place ; but because , the reader , at the first view , and before he hath read it quite over , might have found some things , defective in the order , and the nature of the proofs i have made use of , i perceive my self obliged to render a reason of both in this preface ; as for the order or method it would , without doubt , have seemed more natural to begin these proofs at the holy scripture , and to have continued them by reasons fetched from the law of nature and of nations , and at last to have concluded with the testimonies of the learned in all ages of christianity . i have taken a course quite contrary ; and the reason of it is , that the holy scriptures having determined nothing positively nor precisely touching this matter ; but hath left the law of nature and that of nations in full force and vertue , without meddling with , or infringing them , which i intend to make appear in refu●ing the reasons which those of a contrary opinion , endeavour to draw from them , under pretence that they every where teach humility and patience . now every one knows that the refuting of an adversaries proofs ought evermore to follow , and not to precede the thesis which one maintains . i have also made the testimonies and examples to go before the arguments , as being proofs , much more obvious and more popular than those of meer speculation , being very sure that what hath been always believed and practised , is generally the mind and sentiment of all mankind , and not that of some particular persons . i have also had another reason for doing this , which is that finding some examples , in ancient records , running exactly parallel with what hath so lately happened in great britain . now a word or to do must be spoken touching the nature and validity of the testimonies which i have related . at first sight a protestant may be against those testimonies the church of rome brings in , either by her counsels , or by her particular doctors , nay , and if he have but a pique against , and be but never so little discontent with the alterations that have been made in this country , he will presently cry out against such like authorities , and will not be able to endure , that the reformed should make use of them ; his impatience is rather an effect of his passion , then of a right discerning of the truth ; and for to convince him that it is so , he needs do no more but to make these observations with me upon the councils which i have alledged . first , that they did not consist of ecclesiastical persons alone , as do those of the later ages ; but of all the states of that nation wherein they were assembled , and that all their determinations and decisions ( more especially in state affairs ) derived all their power and authority , from the power politick ; their decrees for the most part being published under the king's name , who almost ever assisted at it , in person ; together with the grandees of the state , as may appear by the council of toledo , i have quoted . secondly , although there was already a great many errors and abuses in the latin church , yet for all that , it was then the true visible church , being it made use of no other creed but that of the apostles and the nicene , as one may see in the national counsels of spain , and especially in that of toledo , where they rehearsed always the nicene creed as the foundation and arbidgement of the faith of the church ; and by the way , that i may speak my thoughts what has given the mortal blow to the latin church , i think it has been the addition which pious the iv. made of his own profession of faith to this creed , for that very time , those who had tender consciences or any sence of christianity , could not disgest their being obliged by oath to believe all those impious and profane additions , sincerely , and firmly , as the fundamental truths of religion . the d. observation that we are to make , is touching the discipline of the latin church ; which , as well as its doctrine were not by far so much corrupted as they were in the ages succeeding : although the peopes , leo and gregory the two first of that name , did very much enlarge the philacteries of the roman high priest , yet , had they not set themselves up for sovereign arbitrators , and umpires of divine and human rights ; besides , the opinion of the infallibility , had not then so much as entered into the mind of man , so that these determinatons and definitive sentences of the counsel , are much more juridical and more suiting with the order god hath established in his church , and indeed deserve a great deal more respect and consideration then those of the counsels of the last ages . particularly , since the first oecumenique counsel of lateran , wherein things began to be regulated only according to the phantasie of the popes , and not according to scripture , nor reason . now as for the particular doctors of the roman church , i have not pretended that they should be a rule to the reformed in this matter , but only indirectly , that is to say , i do make appear by that , that all christians have held the same principle , for one cannot deny but that the reformation may have been settled upon this foundation ; that the power of princes over their subjects , is not absolute , neither in spirituals or temporals , there having been several people who have shaken off the yoke of their old masters for the sake of religion , and not any people but would have done the same , if they had but had power so to do , at such time as they had to do with a sovereign , who went about to oppress them . in speaking my mind sincerely and freely as i have done of the power of sovereigns , and of the rights of the people , i have made no incroachment or attempt upon the lawful power of kings , god forbid i should , there is not a man in the world more convinced , or more fully perswaded of the preheminence and excellency of monarchical government above all others then my self , at such time as it confines it self within its just limits . no man of judgment will ever condemn any sort of government whatsoever , when is it settled , and is agreeable to the humour and genius of the people . what i have advanced that toucheth them the most to the quick is taken from a sermon , that gerson chancellor of the university of paris , preached before king charles the vi. and the dolphin who found no fault with it . if i have defended the conduct and proceeding of the parliament of england , it is because they have changed the governor only , but not the government ; and that it had substituted in the room of an oppressor , a pious , just , and wise prince . nay , and a prince too , who was rightful heir to the crown , whom they went about to dispoil and devest of his rights , by a certain fraudulent way never heard of in any age. some may be apt to say , that this treatise would have come more seasonably three years ago , then now , i grant that , but i had not then the opportunities and helps i met with since , which were absolutely necessary for me , nay , i must confess i had not so much as thought of it , had it not been for an insipid and impudent french book which hath made a great noise in the world ; 't is call'd , advis aux refugiez , the impertinent scribler of this libel , by establishing absolute power in a gross manner , which smells more of his pension , then of love for truth , hath wickedly charged all those of his nation of rebellion , who did not blindly obey the will of their king , and involves the english nation in the same , if not in a greater for loving its religion and its laws . i was moreover confirmed in my design , by the reading of a posthumons piece of richer dr. of paris , which was published the last year , as well as the other , and upon the same accunt . i have in compiling this piece , been more solicitous about things , than words ; and that is the reason why one will scarce find in it any ornaments , but such as do naturally arise from the subject matter : whether i have succeeded well in the design , i have propounded to my self , i leave that to the readers judgment ; i will assure him only that i have been exceeding faithful in whatsoever i have reported from the authors i have quoted . the defence of the parliament of england , in the case of james the second . next to the questions that are conversant about faith , there is not any one of greater consequence we meet with , that falls under debate , than that question touching regal power ; for it highly concerns the publick to understand whether or no it be limited and circumscribed by humane laws , or is to be accounted supreiour to them all . it will be therefore worth our while , especially in this new unexpected conjuncture and change of the british affairs , that have so much astonished the world , to attempt some discourse of it exactly and succinctly . but now to decide each controversie that may arise concerning regal power , as well by divine as humane rights , nothing seems more to the purpose , than to begin with the authority ecclesiastical , tempered and allayed with the civil , for since it consists of both rights , it deservedly holds the first place , and amongst humane authorities is lookt upon as the greatest . come on then , as studiers of brevity , laying aside any further preamble , let us hasten to the matter in hand . chap. i. decrees of several councils , whereby the regal power is circumstantiated and bounded within its limits . the fourth council of toledo assembled out of ecclesiastical persons and states of the realm , anno . which is named by the spanish councils , the grand and general council , concerning kings , that shall hereafter succeed ; we enact and decree this sentence , ●aith the council , that if any amongst them , contrary to the respect due to the laws , out of an haughty arbitrary ambition to lord it over his subjects , shall assume and exercise cruelty and tyrannical power , and shall abandon himself to unjust and vitious excesses , and shall exercise cruelty over his people ; let him be condemned by the sentence of anathema from our lord christ , and may be receive judgment and condemnation from god , for asmuch as he hath presumed to act wickedly , and to bring the kingdom to ruin and destruction : but as for simithilana , who dreading his own evil courses , hath abdicated and forsaken his kingdom , and divested himself of regal authority , it is by and with the consent of the nation decreed , that we will never admit him or his wife , by reason of the exorbitant mischiefs they have committed , no nor his sons into our unity or communion ; nor over advance or promote them at any time to those dignities and honours from which they by their iniquity have lapsed and fallen . 't is to be observed , that this convention or synod composed of the states of the nation , or rather of the whole nation in general , do , in the synod put kings in mind of their duty , and withal do exert their power upon male-administratours , and that not in words only but in truth and effect , as evidently appears by the example of simithiliana ▪ between whom and king james there is a most wonderful and particular resemblance , as also an exact conformity and agreement between the synod and act of parliament . the sixth council of toledo , assembled of ecclesiastical persons and states of the nation , an. . a law of king chintilanus about banishing the jews out of the realm , being introduced with commendations annexed , the synod adds these words , but this is by us with all care and diligence to be established , least the heat and energy of it , and our labour should abate , and prove of none effect in our posterity , wherefore by an unanimous consent of heart and tongue , together with the consent of his peers , and mature deliberation of the nobility , we decree and enact , that whosoever in future ages shall chance to be intrusted with the supream management of the realm , shall never aseend the regal throne , before , amongst other obligations , and solemn oaths of conditions to be performed , he shall promise and declare , that he will vever suffer the jews to violate the catholick faith ; moreover , that by no manner of wayes he shall be abetting to their treachery , or induced by any neglect or covetousness , shall open the way to their prevaricating , who run headlong to down right paganism and infidelity ; but what is most aimed at and desired in our time , is , that he should remain untainted and blameless for the future , for in vain is it to do good , if perseverance in the same be not provided for , wherefore at such time as , conformable to the said order he shall be admitted and have access to the throne to hold the reins of government , if he shall prove to be a violator of this promise , let him be anathama , maranatha , from the presence of the everlacting god , and may he afford fuel to everlasting fire ; yea , of the like punishment be any one of the clergy or any christian whomsoever who shall be involved in his errour be thought worthy : by the law of the fiefs and feudaries , which contain also empires and kingdoms , a vassal doth not owe feality or service to his lord once excommunicated , nay he , is even absolved of his oath of allegiance , as may be seen in lib. . feudor . tit. . s. . in this decree of the senate we meet with two things observable . first , th●t the king is obliged by an oath not to permit the catholick faith to be violated or infringed ; the other is , that in case he shall be found a violator of this same p●omise , that he shall incur the censure of anathema , lie and all his complices and adherents . both these do run exactly parallel with the case of k. james , for he promised , when he came to the crown , that he would not suffer the religion of the church of england to be violated by the papists , whose banishment out of the kingdom had been oftentimes debated ; he stood not to his word , nay he shews himself a ring leader ; and authoriser of such who endeavoured might and main the subversion of the said religion , he is therefore made justly sensible of the parliaments severity in discarding and disowning him . by this deree it is likewise prohibited that none shall ascend the regal chair except he be a catholick : the same synod , c. . adds moreover , unless by his demeanour and good conversation he be thought fit and worthy to be advanced to regal authority , much more unless he be judged fit , upon the account of his orthodox religion . this does very much countenance and justifie the parliaments proceedings in their act , whereby it is expresly provided , that none shall ascend the throne , except he be a favourer at least of the church of england : now it will not be amiss to hear k. beccesuinthus in the eighth toledo council , confessing , that the unrully desires of kings had need of being checkt and restrained , who signed and ratified this law for himself and posterity , since then in the ages successively last past , the immoderate unbounded covetousness of kings hath extended it self to the spoils and incroachments upon the people , and that the lamentable imposition , and burthensome taxes have much augmented their lawful revenues , at length it is revealed to us by divine inspiration , that seeing we prescribe laws and statutes of respect and obedience to be observed by the subjects , it is meet we should , set some bounds of restraint and temperance to the vitious excesses of princes : moreover out of our princely clemency and after due consideration , as well for our selves as for all those who shall succeed us in our glory , we , by gods assistance do enact a law , and do publish and declare , that no king upon any private motive or impulse , or by any faction , shall take away by force , or cause to be taken away , any writings or deeds concerning any thing due to another , so that he may prove himself unjustly to be lord of , and lay claim to the things so due to them . k. james offended against this law , when following his brother cha. ii. his steps he vsolently by quo waranto , deprived citizens of their charters , and did in a manner wholly cancel and disannul the priviledges and immunities of the nation : king beccesuinthus was not of these opinions that kings were lawless , who enacted a law for himself and his successors . let us on the other hand return to the synod prescribing laws to kings , from hence ; saith the synod , may kings convince men that all things is owing to them , and depends on them , when they govern all things wisely : whence they doubt not but that these things are due not to their person but to their power and dominion , 't is rights that make a king , not his person , for to be king does not so much consist in the ordinary meanness of personal qualities , as in his honour and sublime grandeur , the things then that are due to honour , are assistant to honour , and what kings heap up and amass they leave to the kingdom , that forasmuch as the glory of the kingdom casts a lustre upon them , so they likewise do not imbezle or diminish the kingdoms glory but render it more glorious ; besides 't is requisite , that those who are constituted kings should have minds full of care in ruling , in acting with a great deal of moderation , in decreeing righteous judgment , in sparing and having a tender regard to such who are willing to obey , in procuring sew parties , in siding with fewer . a little below that , whilst the vastness of the propriety of princes includes all in the bosom of its receivings , and nothing but the princely belly is stuft , all the rest of the members of the nation drain'd and exhausted , languish and decay for meer lack of sustenance , from whence it comes to pass , that neither the commonalty can receive any succour and assistance , neither can great ones maintain their dignity , because whilst the force of power hath seized on all , the state of the commonal●y are not in a condition to defend the least rights , the synod do very warily and discreetly prescribe to kings their duty , and do withal neatly decypher to us a kingdom ruled by a tyrant , such an one as is not to be found in this world. the spaniards grown weary of king wamba's government , shut him up nolens volens in a monastry to do penance , and compelled him to elect ervigius grandee of spain , taking no notice of theofredus his son ; the * twelfth synod of toledo was held on purpose to confirm this ervigius , anno . and this is the language of the synod , and by that means the peoples hands were loosed from all bonds and obligations of an oath , which , during the reign of the said wambal , were kept fast tyed , paying duty and allegiance only to this prince lrvigius , being at liberty , by all demonstrations of acceptable homage , whom the very divine decree had fore-ordained to the kingdom , and the kind and courteous people in general wisht for ; wherefore these things considered , and in acknowledgment of this favour we are to serve none but god alone , and our king ervigius , and we are to be obedient to him , and devoted entirely to his will , let us then perform with a ready mind , and without reserve endeavour to do whatsoever may conduce to the welfare and security of his royal person , whatsoever may promote the real interest of him and his country . now must we hear ervigius himself accosting and bespeaking the fathers of the synod , for this in general i beg of you , saith he , that whatsoever doth not comport with the laws of our glory , if there be any thing that may seem contrary to justice and equity , it may be rectified by your good disposition , meekness and judgement : the same ervigius how much he esteemed the decrees of these councils abundantly shews in the thirteenth toledo synod , which he harangues after this manner , for 't is as clear as the sun at noon-day , that whatsoever the sacred assembly of prelates hath thought fit to be observed , is by the special grace of the holy ghost ordained and prefixt and settled to all eternity , and is inviolably to be observed . i beseech you therefore , and conjure you , the whole assembly of reverend prelates , and you most excellent princes and peers , who by your homage and duty to the court are obliged to sit in this sacred assembly , i command you , i say , by the mistery of the holy trinity , that if there be any thing before you shall be judged needful to be decreed , or repealed , as well what by us hath been offered to your consideration , as also what else may have come to your hearing on behalf of the people , that you would be careful to decide and clear it with an unanimous vigour of justice accompanied with a due proportion of mercy . ervigius behaves himself before the synod with abundance of modesty , who humbly implores their justice and mercy , and laying aside all lostiness of mind , sensible of his own in abilities to undertake such a charge , submits himself to its censure . we do not find it so now a days ; no , no ; but now you must take notice , that the asorementioned spanish kings were of the gothic race , but as to their religion having renounced arianisme , they became sound and orthodox from the time of ricared : they had likewise won the kingdom of spain by force of arms , and the ●ight got by di●t of sword is accounted the best title by your civilians . now let us proceed to the french. the first that presents himself is childeric . the d. the very last of the m●rovingian race , who was deposed by the parliament and hurled into a monastry . now there were present in this parliament divers bishops , amongst the rest was boniface a bishop of mentz of great reputation , who set the crown on pepin's head , who was put in the place of childeric . no body can be ignorant of that notable story of lewis the pious son to charles the great , who in the synod of compeign , composed of bishops and peers of the realm , anno . was tumbled from his throne and forced into a monastry . synods in those days were made up usually of the clergy and the states of the nation , which was much the best way , especially in general councils , for it is certain that for the most part the covetousness and ambition of the clergy commonly corrupt both divine and human right . nor after what manner the capetians were by consent of all the french substituted in the room of the carlovingians ; and how lewis the eleventh was surrounded with thirty six commissioners , without whose advice he could not govern the common wealth , as known to all , we omit . but what on this subject is beyond all exception , and may stop the mouth of the patrons of tyranny , is the consent of all the christian princes in the convention of arras : the business thus , charles the seventh , whilst he was but yet dolphin , commanded john , father to philip duke of burgundy traiterously to be assassinated , thereupon a bloody war arose between the two princes ; but at length by the mediation and procurement of the counsel of basil and pope engenius , a council was called , and held at arras for composing differences , whereunto the noblest part of europe had resort . it was saith mezeray the noblest and greatest of that age , thither did all christian princes ( except king henry of england , who disputed the crown of france with charles , ) send their agents and plenipotentiaries , and eugenius his ambassadors : a peace being once clapt up between the two princes , it was covenanted and agreed upon , that if either of the two princes should not stand to their words , but violate the articles of agreement , that then his subjects , absolved of their oaths , might lawfully send succours to another prince against the breaker of the covenant : here you may plainly see that all princes do unanimously agree in absolving subjects of their oaths of allegiance ; besides you may see that a vassal doth covenant with his lord upon equal conditions , for philip was vassal to charles : so much the more is the simplicity of those to be laught at , who dare affirm that princes are not so much as bound by oath to their subjects for performance of the articles of a treaty , when god himself is obliged to fulfill his promises , the lord hath sworn , and will not repent , and the holy scriptures declare that all controversies are decided by an oath ; as if princes were obliged to resemble god almighty in respect of his power , and not in respect of his faithfulness and veracity ; but not to deviate too much from our present purpose ; if it were lawful for subjects to levy war against their prince , for violating his word past to a foreiguer , i cannot see why it should be deemed an hainous offence to spurn and resist tyranny , when they themselves are galled and oppressed . the brittish history likewise furnisheth us with a long series of examples of this nature , but too great a prolixity , especially in matters of themselves , otherwise plain and evident , is tedious and troublesome : let one therefore , and that very considerable in its self suffice , which is this : john surnamed sans terre , or without land , king of england and duke of brittain standing excommunicate by pope innocent the iii. and his subjects absolved from their oath of allegiance , the kingdom of england was devolved upon philip the august . now philip relying upon this donation of the pope , having fitted out a huge navy , was just ready to fall upon and invade england ; when john by his submission and obsequious compliance , regained the pope's favour . neither did philip for all that desist from his enterprize , for he gave his consent , that the nobility of england should choose lewis his son , husband to jone k. john's niece for their king , and should crown him in london accordingly ; the matter proceeded to suit and tryal before the pope , still a great favourer of john : the ambassadors of lewis who solioited his cause at rome , mainly urged that john was never leige king , because he was condemned by the peers of france to have his head cut off , for the murder committed on the person of arthur his nephew , moreover , that if he were a king , yet that he had notwithstanding forfeited his crown , by turning a tyrant , and that it was tyranny , as they said , to subvertand destory the regal power , the death of john stops the proceedings , and ends the difference , and his son henry placed in his stead : pray let the french take special notice of this passage , who are out of humour and ill satisfied at the last revolution and change of the british empire , and if they are wise , let them take warning whilst they may , by their own consession . tyranny quite overthrows kingly power , and it evidently appears by their own example , that the throne of a tyrant may justly and lawfully be possessed by another , and in truth it was but just , that the parliament should serve james the ii : with the same sauce as the peers did john , not coming at all short of him in deserving to be dethroned , then again john did not go about to subvert the established religion then in force , nor did he sorsake the kingdom and fly to the sworn enemies of the english nation , add hereto , that william and mary had much a better claim and title to the crown of england , as being heirs presumptive , then ever lewis had , who was no presumptive heir . i can hardly forbear the adding to this example , that acknowledgment of the authority of the parliament by richard the ii , in his solemn surrender of his crown upon their sentence : i refer the reader as to this point to the english historians , more especially to henry knighton , canon of leicester , in his book de eventibus angliae , who hath at large and exactly insisted upon this dreadful deposing . yet i shall take notice of one thing not customary with tyrants , to wit , that richard did own and acknowledge the peoples right in punishing bad princes , and did allow himself uncapable of governing . chap. ii. wherein the absolute power and authority of emperors and kings , by the testimonies and opinions of several learned men is opposed . there are not wanting an innumerable company of examples in history , of kings banished from their kingdoms for ill managment , yet i thought good to produce none but such , by which it may plainly appear that a tyrant may be dethroned not only with a safe conscience , but conscience even dictating and allowing the same . it will not be amiss to add to these the testimonies of emperors and kings ; together with the sentiments and opinions of some learned men of the roman church . the first that offers himself is the renowned emperor trajan , who , when he presented a naked sword to sura , according to the custom , in creating him prefect of the praetorium , take this , or such like , saith he , and use it for me , if i rule justly , if unjustly , use it against me ; next come adrian none of the worst emperors , who promised that he would so behave himself in holding the reins of government , as one who knew that it was the peoples business that was committed to his charge : but let they heathens hold their peace , yet the christian emperors theodosius and valentinianus , utter such truths as deserve to be engraven upon the palaces , yea , rather upon the hearts of princes ; it is a confession , say they , worthy the majesty of him that rules , to profess himself a prince bound up by the laws , so much doth our authority depend upon the law : and indeed it is somewhat more than empire and sovereignty , to make the govenment obedient and subject to the laws , and by this edict , we do decree that whatsoever is not lawful for our subjects , we do not pretend it to be to lawful for us ; this saying is not unworthy of the confessor neither , for it was the law of king edward , named the confessor , touching the office of a king : that if a king fail in his duty , the name of king is no ways consistent with him . now let us have recourse to the doctors of the church of rome , and pope zacharias deservedly leads the van , who returned this answer to the french , consulting him about abdicating childeric , afor●said ; that a prince was accountable to a people , by whose favour he injoy'd the crown , because whatsoever he possesseth , whether power , glory , riches or dignity , he must needs grant that he is beholden to the commonalty for the same ; and that it was in the peoples power both to constitute and appoint a king over them , and also to abandon him . aenaeas sylvius follows next , who was secretary to the council of basil , and came afterwards to be pope under the name of pious the ii. aeneas sylvius puts two queries , the one is whether a general council hath authority over the pope ; the other , whether or no the catholick faith do enjoyn the belief of it , which two , saith he , when i shall have examined and stated , there will be no place for doubting afterwards ; but that the pope ought to be subject to a general council , the reason produced before by the bishop of burgos doth excellently prove , for a pope is in the church just as a king in the kingdom , now to imagin that a king can do more then the whole kingdom together were absur'd , therefore the pope should not have power to do more than the church . but like as kings sometimes by reason of male administration and exercising of tyranny are ejected , and by the whole kingdom excluded , even so by the church , that is to say , by a general council , may the pope , without all question be deposed . now let us hear what thomas aquinas , that prince of the school-men , saith , when a tyrannical government , which is not ordered for common good and advantage , but for the private ends of the person reigning is not just , troubles and commotions lappning in that state , doth not pass for sedition , the same thomas lays it down for a certain and undeniable truth , that principalities and dominions are not jure divino , but de jure humano . john gerson succeeds him in his opinions , who was a master of arts of high repute and authority with the french , in a sermon of his to the king , in the name of the university of paris , even as , saith he , according to natural instinct , all the other members expose themselves for the health and safety of the head , in like manner should it be in the body politique with loyal subject , in respect of their sovereign ; on the other side the head should guide and d●●ct the rest of the members , otherwise distraction would ensue , for th● head could not last long without the body ; this truth is point bl●nk c●ntrary to those who venture to aver , though erroneous●y th● the lord doth not hold of , or is obliged to his subject in any thing whatsoever , which is both against divine right and natural equity , and the trust reposed in dominion , for as the subject owes faith and allegiance , service and assistance to their supreme lord , so he in authority owes faith and assistance to his subjects . one good turn requires another . according to some doctors , the sin of lucifer consisted in this , that he would fain have d●mineered and ruled over all other creatures , as god , without being obliged to protect and defend , or do them any service . afterwards at the end of the article , he adds : and if so be , the lord do not deal faithfully with them as subjects , neither will they treat him as their lord , according to that answer returned by domitius to a certain consul , if ( saith he ) you will not have me for a senator , neither will i have you for a consul . the same author adds , as nothing can appear to corporal sight more cruel or terrible , or more to be abhorred and avoided , then to behold a humane body waste it self , or to tear it self in pieces , or otherwise , in like manner it is no less cruelty to the spiritual sight of reason , to behold the parts of the body politick to be divided and persecure one another , as a sovereign his subjects , and there is in effect , a persecution in this , when they interfere and deprive one another of their offices and rights , for naturally every thing depends and maintains its own right , and doth repel a violent action done to it , by violence , vim vi repellere licet , 't is lawful to give a man as good as he brings , hence it is manifest that they are in the wrong , who tell lords that all is their own , and that they may do what they please , and are uncontroulable and unaccountable if they assume and appropriate to themselves without any just title thereto , whatsoever appertains to the subject . but what 's the meaning of this , that violence can do all things , and what will follow from thence ? why , the same inconvenience will follow , as if the head should attract to it self , all the blood , spirits , and marrow , and substance of all the other members , and what would be the event of this , but that it must prove it 's own ruin and destruction . and a little below that , adds , i confess i dont understand whence this error proceeded , for to assert this , would be to cause men tamely to submit like sheep , and set superiors like ravening wolves over them , or to let fly kites amongst chickens . like as poyson kills the human body , so tyranny is a poyson and mischief that brings infallable ruin and destruction to not only the body politick , but to the regal also ; for a tyrant who by hook or by crook appropriates all to his own advantage is very unnatural , it being manifestly contrary to civil society , of which aristotle in the fifth book of his politicks hath spoken more at large , and may be comprized in this distich . pauca sciant , de se diffidunt , sint & egeni , sic rege subditos dire tyranne tuos . a tyrant would have his subjects to know little , to mistrust themselves , and to be indigent ; this is extreamly contrary to a right regal power , which chiefly aims at this , that subjects should be powerful , wise and knowing , &c. for what worse thing could the peoples mortal enemy , or even the infernal , devise , then necessitate them to be poor and divided ; one would much rather choose to be without a prince , than have such a one , as the fable goes of the frogs , who had a scorpion for a king , that devoured them all . and yet a little further , again we conclude , saith he , that if the head , or any other member of civil state should chance to fall into such an inconvenience , as to desire to lick up this deadly poyson of tyranny , each member in its particular station , should use his outmost endeavour to prevent and obviate the same by all expedients convenient to that purpose . and a little further , and therefore the person who abuseth it , meaning the power aforementioned , is rightly served , if he be div●sted of it . wherefore it is plain these men who presume to lead their king or prince into so foul an error , or into a condition of tyranny , deceive them and are their very enemies . the same author in his ten considerations against flatterers of princes , saith , it is a mistake to say that a prince is nothing beholding to his subject during his reign , because it is agreeable as well to divine right as to natural equity and justice , and also to the chief intent and design of dominion , that as the subjects are to yeild fealty , assistance by taxes , or otherwise , and homage to their liege lord , so likewise the lord on his part ows faith and protection . nay , and if so be , the prince in an obstinate manner persist in his wronging and persecuting them de facto , then this natural rule is vim vi repellere licet holds good and takes place , as does that of seneca in his tragedies also , nulla adeo grata est victima quam tyrannus : at the end of this consideration , he yet adds , therefore kings , who in an arbitrary manner , exact such grievances call them their rights , no otherwise than the pagan idols are called gods , not because they are indeed so , but because they are called so by them , thus far the chancellor of the university of paris , then which nothing could have been spoken more pithily and elegantly , or more seasonably to cur present purpose , indeed it concerns both people and princes , that kings should be good proficients in the school of so great a master . there is one man whom all europe knows is but a poor scholler in it . now let that famous civil lawyer bartolus come out and speak his mind . it is a just cause , saith he , that would have a tyrannical government laid aside , and as a just cause that is for a just regiment . some later writers bring up the rear bellarm. peron . francise . torrensis and hen. holden . to suffer , saith the first , an heretical or a pagan infidel king , endeavouring to bring men over to his sect , it is to expose religion to evident danger ; and christians are not obliged , nor ought to tollerate a king that is an infidel when religion lies at stake , for when divine right seems to clash with the human , then indeed we must stick fast to the divine right omitting the other , but now it is of divine right to maintain and pr●serve religion and faith , which is but one only and not many , but it is of human right to have such , or such an one for king. the same author in another place thus delivers himself , for albeit , we ought to give obedience to a king , whilst he is a king ; yet it is not jure divino , that we should not abrogate or change the constitutions of a kingdom , nor deprive a king of it let him do what he will. and again , i taught you but just now , that when we have once this or that king set over us , we are bound to obey him jure divino so long as he sits upon the throne , but that it was not de jure divino , that he should always , so long as he lives , sit on the regal throne , for it may so come to pass , that either he himself may abdicate his regal power , or may be brought low , being overcome by some other king , or may be deposed upon some other account , as for heresie or the like , now by what means soever he ceaseth to be king , obedience and homage likewise ceaseth to be due to him : a man would swear bellermin had written these things on purpose against king james's ca●e . peronius comes next , who in a speech of his he made to the states general at blois , maintains stiffly that a king may be discharged from his office , but , as well became a parasite of the pope , he leaves this game to be played by him , and not by the people whom he terms the beast with many heads , as if a general council , in whose power it is to depose a pope , even by the confession of the assertors of pontifical tyranny , were not quite as much a beast with many heads as the states general . torenfis also insisting upon the same principles with beliermin , saith , he that holds that the authority of the church is greater then that of a pope , seems to me to mean nothing else but that the king of the church , whose regal power is derived not from the human law , as is that of a secular king , but from the divine law , d●th not at all differ from a secular king , who if he proves troublesom and pestilent , and a tyrant may be deposed by the subject . to both these aforesaid , doth henry holden a doctor of the sorbon subscribe , in a book he ventured to publish at paris , the short and long of it is , saith he , considering that all society co mence h from contracts and covenants entered into between the people and the sovereign power , of which government and discipline , laws and rules interchangeably ratified and agreed upon by mutual consent , are the foundation of the society or community , as well as the form and life of it ; manifest it is , that if supream authority shall command any thing oppugnant and contrary to the laws , and having a design to erect an absolute and arbitrary power shall say , stet pro ratione voluntas , my will shall stand for a law , by that very thing his subjects are ipso facto freed and exempted from their obedience to such an ones orders and declarations . what hath been hitherto said concerning non obedience , may be also transfer'd to open resistance ; for upon the same account that subjects are dispensed from paying obedience and service to a ruler , by the same right it may be lawful for them to resist and withstand the same government ; for when the emperor or king shall exceed and go beyond the limits and bounds of his power , and shall design to force things upon his subjects , and compel and constrain them to wicked and unjust things contrary to divine , natural , and human laws , it is evident from the premisses that it may be , and is lawful for subjects in such circumstances by the law of nature , by all ways and means they can he think themselves of , to stand upon their guard for their own defence , yea , and sometimes perhaps do lye under an obligation so to do . i should disert and be wanting to my cause , should i omit on this occasion the testimony of grave didacus savedra faxardus plenipotentiary of the house of burgundy , who acquitted himself with so much applause in those several ambassies he undertook for philip the iv. whose words are the more consp●c●ous and remarkable , for that they were written for the education of charles the ii. reigning at this day in spain , they run thus , let the prince know and acknowledge the nature of his power also , n●r let him look upon it so supream and absolute , but that some part thereof at least resides in the people , which at the first they had either a mind to reserve to themselves , or else natural reason did grant it to them for their own preservation and defence , against the unjust and manifest tyranny of the prince . good princes do not take it much amiss that their subjects should enjoy some sort of freedom or other none but tyrants exercise absolute power in government , the welfare and prosperity of the publick , ariseth out of the due mixture and temperament of publick liberty accompanied with the prince's authority , and is thereby mainly secured ; not a pu●ssant prince , but a just upright prince is the safest , nay , and he never ioseth any thing in his government , who does not violate and infring the priviledges of the subject , besides ' t is the part of a prudent prince to grant and concede the free enjoyment of his subjects rights and priviledges , especially when nothing of the prince's authority is lost by such concession , which , then only suffers some damage when he goes about to cozen and bereave subjects of their priviledges : may it suffice a prince to leave that crown he received from his ancestors as he found it . paper and ink would fail me , should i endeavour to trace all those who were possitive in the opinion and have assented thereto , especially them of loyala's tribe , those becanus's , marianaes and suarezes , nay , and the whole gang of the regicides , i ●orbear to name , as being the profest enemies of kings , and consequently unfit for witnesses in this matter . the courteous reader may easily pardon me too , though i should not summon in the doctors of the reformed church as witnesses of this truth , who are the rather to be consided in , as being greater divines , and more happily versed in sacred writ then the papists be . yet seeing that this intent of ours is usually objected and charged upon the reformed as peculiar to them , i supposed it will be my chief business clearly to evince this , to be not only the mind and suffrage of one nation , of one religion and perswasion ; but of all christians , yea , and of all mankind in general ; but that the reformed did countenance this opinion , the more noble part of the christian world may convince us , which did not suffer power to oppress and bear down religion by the tyranny of idolatry and superstition . what is spoken of the reformed in general , is not meant of every one in particular , for i am not ignorant that there are a great many to be found amongst them , either too much addicted to tyrants , or else living under tyrants being timerous , have taught the quite contrary to this our sentiment , even as amongst the papists , there is not wanting a good many slaves of tyrants , because it is the main design of the roman church , to subdue and captivate man to man , and not to christ . chap. iii. wherein by arguments brought from the law of nature and of nations is evinced , that there is no such thing as absolute power . we have produced but too many illustrious examples , and grave weighty determinations to overthrow the absolute power of princes , yet peradventure , some may desire that we would impugn and oppose it by arguments deduced from the law of nature and nations ; we shall not think much to gratifie their request , for there is a vast company of arguments do continually flow from the very fountains of nature it self , wherewith as by so many battering rams , the strong hold of tyranny may be battered and levelled with the ground . it might perhaps stand us upon in this place , to enter upon a discourse concerning the rise and origin of powers , but since , that is so long and tedious considering our present design , we are willing to leave that task to your civiliars ; it will serve our turn to have only touched cursorily upon some of the chief points which conduce to our purpose . 't is believed by all true christians , that if adam had stood and persevered in his primitive integrity , his posterity would never have stood in need either of laws or of magistracy ; man being of unblamable life and upright conversation , would have been a law to himself , and would have acknowledged no government , but that of reason only . amongst persons perfectly equal , human nature would not have sensibly perceived any outward government , but that of parents of their children , and that too , but until the age of discretion , and their being capable of reason , but as soon as ever reason became impared and quite debilitated by sin , like a coach-man jolted from his box , it being no longer able to hold the reins ; then the affections and passions of the mind , like so many wild horses whose guide was missing , begun to play their pranks , and disorderly to be hurry'd up and down , t●en the human chari●t taking no notice of curb or check , would have been apt to rusht upon precipices , when the almighty commiserating mans case , surrounded and hedged him about with laws , and applyed a magistracy over him , that might be able to bridle and restrain the irregularity of his passions , and the exo●bitancy of his astections and appetites , which was to conduct him in that way which was sh●wn him in it . hence it appears , that laws and magistracy are the fruits and conscquencies of sin. from whence it is observable , first of all that absolute power cannot demand or claim any aid or assistance from the law of nature , for it was not nature that created kings , but the ●utual consent of men , for it is very idle and frivilous which some prates of , a kind of res●mblance and adumbration of kingly power in brute creatures ; now that some of them seem to rule over other of the same species , that rule , be it what it will , is no more but a p●iviledge of the sex , not of the individuum : for example , the bull seems to bear rule over the cows , tho' not over the bulls , with whom he often trys a touch for mastery ; the ram seems to over-rule the sheep , but not the rams with whom he s●ldom fails to be at odds , and so for the rest . moreover , absolute sway doth seem to me diametrically opposite to the law of nature , for as justinian witnesseth all men by the law of nature are free-born , therefore they are their own , and not another mans . now if any imagin he hath hit the nail on the head , if he say absolute power is an app●ndix of sin , and annext to it , by the occasion of which human nature is brought into bondage , truly methinks such an one never weighed the matter considerately enough , true it is indeed , that since sin , the cause of all mischeif and servitude , crept into the world , human nature hath been brought into bondage , but it is to sin and death , not to men . neither will i deny , but that kingly power , as also all magistracy is the appendix and effect of sin , for i have so stated the business before , but nothing can be inferred srom thence , which may in the least favour absolute power , for seeing the whole human nature is contaminated and polluted , and even over-run with sin ; princes themselves , as men , are born servants to sin , and are the vassals of death as well as the meanest peasants , all mens conditions upon that score are equal , whence any one may easily infer that by the law of nature whether intire , or lapsed , no right can be ascribed to one man over another , abating the right that parents have over their children . ii. nor can absolute power call any thing more to back and assist it out of the law of nations , because the law of nations is in a manner common to 〈…〉 most nations . now not all in general , ( nay , not the most civilized and po●●te nations , ) do obey kings , for they who do acknowledge government , do not use it alike after the same manner , as is manifest from the various constitutions and models of kingdoms . amongst those who approach nearest to absolute power , if they be narrowly sifted and examined , they will be found to discard and destroy absolute power ; nor indeed are we to pass by in silence , that the first form of government instituted by god himself immediately was absolutely democratical or aristocratical , wherefore it s very plain and evident also , that absolute power and dominion is quite cont●ary to the law of nations , as never having been ordained any where that we can learn. there remains still the civil law , under which it may seem to seek shelter and borrow patronage ; but now what that law is that justies out and destroys the law of nature and nations , i cannot conceive , unless it be plain down-right dishonesty and injury . iii. if absolute power were allowed upon earth , then the right of god , the most just creatour and wise governour of all things , would not differ about temporals intensione as they term it , but extensione , from that created power , which is for the most part blinded by covetousness , which is most impious to think . iv. the whole is bigger then its parts , and a prince is but a part of a common-wealth , ergo the common-wealth is greater than the prince : this demonstration is strongly backt from the consideration , that a common-wealth is a whole , standing in need of a prince nec ad esse , nec ad bene esse , sed tantum ad melius , neither as to its being , nor well-being , but only to its better being ; now when a common-wealth is well and cannot be better ; none but a perfect slave to tyrants will deny , but that it highly concerns the common-wealth to look about them and provide for their safety . v. it is confest by all hands , that laws were enacted for the restraining of mens inordinate lusts and desires , whence it is most clear that whatsoever power tends to the favouring man's covetous desires is altogether an unlawful power ; as modern experience that i may not rake into the records of antiquity sufficiently makes out : it is an in●ate disposition incident to men , ( they are lipsius his expression ) to be insolent and immoderate in government , nor is it an easie matter to keep within compass a thing which is unbounded . but now absolute power doth favour the unruly desires of princes , therefore is unlawful . vi. all power is ordained by god for the benefit of society , now absolute power is the calamity , bane and destruction of society , therefore it is not ordained of god. vii . whatsoever derives its beginning from another , is to be subject and subordinate to that , to which it ows its beginning , especially in morality but regal power derives its rise and beginning from the people , therefore ought regal power to be subject to , and depend upon the people ; the usual answer to this argument is , that the first proposition is not always true , as for example , that the pope is elected by the cardinals , yet is he not subject to them after his election ; but this answer is vain and nothing at all to the purpose , for the cardinals in the election of the pope do represent the whole church together , which conferred this trust and charge upon them , and after they have once acquitted themselves of it , they are no longer the representives of the person of the church , the church it self ever remains superiour to the pope , and at such time as she thinks good to lay down the authority of a pope , she may commit it to the cardinals ; but that regal power draws its origin from the people , if the business needed proving , it might be , without much ado , demonstrated from the very coronation of the french kings . for after this manner doth the archbishop speak to him when he anoints him , maintain that state and dignity in which you are placed to succeed your father , by the law of inheritance , by divine providence , by our present delivering it to you . viii . besides there was ever a great difference between subjects and servants , subjects are always looked upon in the scripture as sons and brethren , but servants are accounted as the vilest and most abject of mortals , now then if you ascribe absolute power to princes , this difference and distinction would be quite out of doors , because the power of lords over servants cannot be greater then absolute , nay , and subjects would be in a much worse condition then servants , for as much as the power of lords over servants cannot be called absolute . if the authority of justinian the emperour may be of any moment in this matter ; but at this time , saith he , it shall not be lawful for any man whatsoever within our empire , without some cause approved of by the laws , to exercise any unreasonable excessive cruelty upon his servants ; for by the order of antoninus , whosoever shall slay his servant without cause , shall have no less punishment inflicted on him then if he had killed another mans , but even too great and extraordinary sharpness and austerity of lords and masters , was restrained by the order of the aforesaid prince , for antoninus being consulted by some governours of provinces about such servants who took refuge in the temple , or fled to the statue of the prince , gave order that if the cruelty of lords and masters should appear intollerable , that they should be compelled to sell their servants , upon good conditions , and the price to be given to the masters , and all the reason in the world ; for it is expedient for the common-wealth , that none make ill use of what he hath ; the words of this extract sent to aelius martianus are these , the power and authority of lords over servants ought to be just and blameless , nor ought any person whatsoever to be defrauded of his right , but it mightily concerns masters , to see that redress be not denied to those who shall lawfully require it for hardships , hunger , thirst , or intollerable injury . m. antoninus seems in these clauses to counsel and advice servants and subjects to take their parts against tyrants ; wherefore take cognisance of the complaints of those of the family of julius and sabinus , who have fled for refuge to the sacred statue , and in case they be either more hardly used and intreated then justice requires , or if you shall judge them ignominously wronged and abused ; venire jube , cause them to be sold , so that they may never any more fall into their lords clutches , and if he shall prove to act otherwise then becomes a subject , and shall not submit to this my ordinance , let him understand that i shall execute the severity of the law against him for such a default . this constitution of the emperors doth altogether correspond with the law of god , by which it is commanded , that if any one shall deprive a man-servant or a maid-servant of one eye , yea , or but of a tooth , then he shall be forced to grant them their liberty , exod. . , . god likewise commands that if any one induced by poverty , shall sell himself , he shall not be reckoned as a bond servant , but as an hired servant and a sojourner , he was to serve till the year of jubile , and then to depart both he and his children with him , he shall return to the possession of his fathers , he and his children , for they are my servants which i brought forth out of the land of aegypt , they shall not be sold as bonds-men . thou shalt not rule over them with ●igour , but shal● fear thy god. you see that for some certain reasons , that is to say , for cruelty , for hunger , or upon the account of ins●fferable wrongs , that servants might by gods appointment , and by the emperors constitutions , which have now the force of laws , be exempted from their masters commands and injunctions . why may not then subjects be withdrawn from , and dispensed of their duty to princes unsit to bear sway ? from the second book also of the fiefs or feudaries , tit. . . it appears , that the lord is no less capable to commit an act of treason against the vassal , than is the vassal against the lord , which if it shall so happen , the lord loseth all his right over the vassal ; no , nor is that power of fathers over sons absolute neither , though it be founded upon the law of nature , for a son is discharged from the duty to a farther , that with cruelty , and beyond all reason misuseth him , or if the father shall thunder out disinheritance against the son , the laws shall carefully inquire into the occasions of disinheriting , and if it be upon ●light grounds or unadvisedly done , that disinheriting shall be lookt upon as null and of none effect . last of all , if all subjects be but servants , what becomes of peers , withcut whom a king cannot try a peer , but if the king hath need of peers in passing sentence , by votes , what signifies your absolute power ; truly i am even ashamed of those persons , who professing themselves christians , have a flighter opinion of humanity then the heathens have . it is taken for granted amongst all the asserters and maintainers of absolute power by barklay , grotius , yea , and by salmatius the most daring and boldest of them all , that the people did not part with , or make over all their right to the prince ; as for example , they did not transfer all their right of chusing to himself a successor , in case the whole royal family be extinct . salmatius himself agrees with us in this matter , where the seed of the royal line , saith he , in hereditary kingdoms is quite extinct , in such case the power returns to the people , to whom it may be lawful afterwards , to confer the like government upon another person , or change it into another form , neither did the people grant to the king the right of allienating the crown , or making it belong to anothers dominion , and that for the publick good and advantage , for fear least some stranger or other unfit person should be set over the people . charles the vi. is a pregnant example of this , who , at such time as he abandoned charles the vii . his son , and declared and appointed henry king of england his son-in-law heir to the crown , this disowning and grant was judged by the people of france of none effect , and exploded ; and so charles the vii . was again fully restored to his crown and dignity . francis the first also ●ffords us a notable instance of this same , that a king cannot wa●rant his ali●nating the dominion of the crown , or make it depend on anothers jurisdiction , who , after he had redeemed himself out of captivity , wherein he was kept by charles the v. at the expence of several provinces , the people of france did stiffly maintain that it was not in the k●ngs power to alienate the dominion , ( as they called it ) wherefore when the salus populi , or publick welfare is in jeopardy , the people ever reserved to themselves the right and power of defending it , and by all ways and means of furthering and advancing it . x. here comes many more still who shall be witnesses against themselves , for they say , that put the case the king turn a common enemy he ma●y not be removed from the throne , and thus speaks salmatius , if so be out of an hostile mind , he be fully bent upon the utter undoing of his kingdom , he doth thereupon ipso facto , lose his right to it indeed , and may be justly forsaken by his people ; now he doth then , become an open enemy , when he doth not only shed his peoples blood right or wrong , but when he suppresseth religion , commits adultery with other mens wives , defliwers virgins , seizeth and appropriates to himself mens estates , breaks his word , does abrogate and disannul priviledges and charters , and every where sheweth himself a contemner of divine and human laws ; for the t●uth is , thieves , clippers and coyners , whore-masters , and perjured persons are no less felons , and do no less deserve condign punishment and death , then highway-men and murtherers ; and to speak freely , there are but a few practical tyrants that are not guilty of all these wicked misdemeanors . xi . all christian princes who are inclined and adhere to the roman church , do pro●ess themselves subject thereto in matters relating to faith and good manners ; and so do the two councils of constans and basill injoyn . wherefore when they commit any heinous offence against faith and good manners , no body q●estions but that the church may proceed against them by excommunication , but if despising a lesser excommunication , they shall grow hardned in their wickedness , let them be struck with the thunder-bolt of a greater , which differs from deposition , or final reliction , only in term of time , and in length , if they do not appease the wrath of their judge by repentance and amendment , it then may end in exterpation and deposition . history supplies us with so many examples of this nature , that who so requires to have them produced , shews himself but an ignoramus in ancient records ; who knows not that henry the iv. king of france could never be acknowledged , till ( his ambassador being beaten with a stick by the pope's own hands ) he had expi●ted , and was punished for his heresie as they suppose ; who can be ignorant that philip the august for his repudiating isemburga his consort , and taking to wife mary agnes had very like to have lost his crown and dignity ; if any would be certified how far the greater excommunication may proceed , let him have recourse to philip the august , wherein he may also meet with the story of john sans terre , mentioned before , nay , and did not st. germain bishop of paris , whose authority came far short of that of the pope , inflict the penalty of excommunication upon sigisbert king of austravia ? what 's the reason then , why the states of the realm ( amongst whom is to be found very many learned in the law of nature and of nations ) may not turn out and depose a convicted and incorrigible , refractory tyrant : especially since a fault may be more descerned in temporals then spirituals , and seeing that it spreads it self with more dangerous consequences amongst the people , and that the tyranny of a prince does them much more harm then his heresie . xii . the imperial dignity without all dispute is greater then the regal , for an emperor can create kings , but , to create an emperor was never the power of any king , that was always left to the people , as their business only ; but now the emperor , how high soever his dignity be , pays homage to the empire , why then may not a king do the like to a kingdom ? the empire may warrant their not standing by an unfit emperor with their lives and fortunes even by the laws , which falls out ever and anon : why may not then a kingdom forsake and dethrone a king unfit for ruling . xiii . again , absolute power sets the door wide open not only to the disorderly vices of princes , but also of the people ; because regis ad exemplum ●●us componitur orbis , every one strives to follow the fashion at court , we read of cambyses , that when he was acquainted by some debauched flatterers that there was a certain law , which gave leave to the king , to do what he listed ; married his own sister , and after that , did allow of such kind of marriages to wipe off the scandal , and appearance of sin : and it is not so long ago , since we saw , the husband ( of a wife debauched by the king , ) to debanch and steal away the wife of another from her husband , and all that connived at too , by reason of the king 's ill example . so that we see that the fear of god's law is not enough to restrain and bridle the king's lusts and unruly affections , for frequent experience tells us , that it is not at all sufficient . tam facilé & pronum est superos contemnere testes si mortalis idem nemo sciat . so easily men with the gods make bold , when they alone behold the sin we act , no mortal being witness to the fact. except it be again and again inculcated to princes , that god is pleased to make use of men appointed on purpose to vindicate and enforce his laws in the world , for there is nothing more common with princes then to think the greatest power , to be the greatest license to do what they please , as may be exemplified in vortigerus king of england , who in the rage and heat of his lust espoused his own daughter . xiv . if monarchical government were absolute , it would be the less noble then the democratical , for democracy is the dominion over free-born men , for it implies a contradiction for a people in the same respect both to rule and obey ; but a monarchy if it be unlimited is the ruling over servants , but now the government over freemen is a great deal more noble , then that over servants , even as the authority and power of a father over his son , doth far excel the power of a master over his slaves : it makes not at all against us that god's power over his creatures is absolute , for i acknowledge that there can be no certain conclusion gathered from god to his people , by reason of the vast disproportion and immensity between his nature and power , and theirs . god cannot abuse his power . moreover , god's power over intelligent creatures freed from sin , which freedom is the only liberty os intelligent creatures , is nobler far , then the dominion over creatures subject to sin , which is the perfect bondage of creatures , and that i may speak what i think , truly your court-flatterers do put a base affront upon regal authority and mightily disparage it , when they have the confidence to make him pass for a tyrant ; not but that monarchical power , to say the truth , hath a certain transcendent superlative excellency and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 above others , provided it be tied up and regulated and owned by the laws , which is not our present design to dive into or discuss . it will suffice in this place , to lay the foundation and superstructure of monarchy or regal power , and withal to fortifie and defend it by overthrowing of tyranny , and at the same time to demonstrate that those immoderate cyers-●p of regal power , just like the gyants of old , whilst they aim at building their tower too high , do endeavour its down-fall , and to be crusht with its ruins themselves . xv. if we allow absolute power , it must be either jure divino or jure humano , but it is not by divine right , since god deut. . maketh an everlasting decree against the unbounded desires of kings , which i suppose will not be much amiss to set down in this place , when thou shalt come into the land which the lord thy god giveth thee , and shalt possess it , and shalt dwell therein , and shalt say , i will set a king over me like as all the nations that are about me : thou shal● in any wise set him king over thee whom the lord thy god shall choose , one from among thy brethren shalt thou set a king over thee , thou may'st not set a stranger over th●e which is not thy brother ; but he shall not multiply horses to himself , nor cause the people to return to egypt , to the end , that he should multiply horses : forasmuch as the lord hath said ye shall return no more that way , neither shall ●e multiply wives to himself , that his heart turn not away , netther shall he greatly multiply to himself silver and gold , and it shall be when he sitteth upon the throne of his kingdom , that he shall write him a copy of this law in a book , out of that which is before the priests and levites , and it shall be with him , and he shall read therein all the days of his life : that he may learn to fear the lord his god ; to keep all the words of this law , and and these statutes to do them , that his heart be not lifted up above his brethren , and that he turn not a side from the commandements to the right hand or to the lest ; to the end that he may prolong his days in his kingdom , he and his children in the midst of israel . psalm . . . be wise now therefore o ye kings , be instructed o ye judges of the earth : nor is r●gal power by human right , absolute neither , for the practice and custom of all nations , as we already have plainly demonstrated , are point blank against it ; besides who can think people so mad and senseless , that when they may live abundantly more happy under the government of kings , who are subject and liable to human laws , than under those who are not regulated by the laws , nor observe them , i say are they so simple as to lov● and admire those rather , who are found by experience to trample upon laws . xvi . never was there yet any law either divine or human , whereby the abdication of a tyrant is prohibited ; if there be extant any such that may seem to speak in their favour , those relates particularly to their life , and not to the administration of their government . on the other hand , the practice of turning out kings , received in all ages foregoing , and confirmed by frequent use , doth plainly argue that the publick safety and welfare is by all manner of ways possible to be defended and secur'd , and that one single person should not be obeyed , at the cost of indangering the whole nation , is a law i think nature it self hath enstamped upon the hearts of all men whatsoever , now where divine laws are silent , who questions but that nature may be listened to , as a deity . xvii . mothing so much argues the badness and wrongness of the cause , as that the great assertors are not consistant with themselves , and do often shift scenes , change and beg principles as the schools call it , but these parasites of tyrants are not much unlike that in terence , modo aiunt , modo negant , sometimes they affirm it , by and by they deny it , sometimes , i say , they are for having kings to receive their power and authority immediately from god alone , sometimes again , that indeed they owe it to god , but by the help and assistance of the people , and that the people did fully and irrecoverably make over and transfer all the right they had to them ; then again , they will pause a while , and demur upon the case , ●ometimes they maintain their ground , and speak out without more ado , but let them come to a conclusion , and speak freely whether they would h●ve the government depend on god alone , or on the good-will and courtesie of the people ; if they would have it depend on god alone , let them produce that law of god , whereby absolute power is orda●ned ; for we can shew them the quite contrary . if they acknowledge the peoples kindness to have any hand in it , it doth extreamly behove them to make out this plain and irrevocable transferring the peoples right upon them , which , they never will be able to do ? xviii . regal right in all nations is the self same as to its rise and origin , if some nations parted with more then they needed to have done to their princes , that produced from their ill-bred disposition knowing no better , or from their want of skill in their own and the nations right . i will make it clear to the meanest capacity : regal power sometimes falls to a ●emale in some nations ; not excepting those nations that are reputed the most barbarous , whether it be , that the administration of government be intrusted with her under the title of queen , or queen regent ; but now it is nonsense to think that the power conferr'd upon a woman by the people is absolute , therefore it doth not stand with reason that it should belong to a king , neither indeed doth the regal authority suffer any diminution when it is devolved upon a queen either by the king's death , or any other accident whatsoever . xix . those amongst the papists , who do least flatter and sooth papal tyranny do assert that the pope is capable of doing as much in the church , as a king can do in the kingdom , yet notwithstanding they briskly maintain , that a general council is superlour to a pope , and may depose him at will. but the pandors of the whore of babylon , who wonderfully extols her authority above that of kings , do not deny , but that a pope may , and ought to be deposed for heresie : therefore according to all these doctors a tyrant may , and ought to be deposed , for that the pope , whose authority is above , or at least equal to regal authority , may , and ought , whensoever he shall turn heretick , be removed from holding the reigns of church-government . xx. that authority is the greater , that performs the greatest things , but the authority of the people creates both kings and emperors , but the authority of the king , cannot so much as create a king , therein does the peoples authority , exceeds that of a king. xxi . in all christian kingdoms there are certain orders of knighthood , by which the most illustrious and renowned of the subjects , together with the king , are usually dignified and distinguished ; the sovereign of these knights is the prince , who is equally bound , and even takes an oath to obey the statutes of the order , as well as the rest of the members of that order . now if the king in this ceremony obliges himself by oath , much more is he bound by that oath he takes at his coronation , because this last oath is absolutely necessary , necessitate ●nedii , by a necessity of the means , as they term it ; without which the king could not be king : but the other ceremony depends meerly upon choice , and is an indifferent ceremony , having no relation at all to the regal office , and no ways beneficial to the publique ; therefore the coronation oath is more strictly and inviolably to be performed , and doth more firmly bind princes , than doth the other . we look upon it as a needless piece of work , to distinguish between the rights of one kingdom and another ; 't is all one , for there are but two originals of kingly power , viz. force of arms and election ; christians are unacquainted with lots , the heathens seldom , or never made use of them ; if a king , win a kingdom by force of arms , yet for all that , he must not compel his subjects to things unjust and contrary to the law of nature and of nations , if he do force them upon such things ; why , then indeed , when occasion serves , and when their strength permits , subjects may have recourse to their right of reducing the king to his just limits of government , conformable to that celebrated axiom , vim vi repellere licet . it is lawful to repel force by force , for what was taken away nolens volens mny also be recovered by force ; if election could take place , yet we should have the better of it however , because there is no election without obligations and conditions , whereunto as well princes as people are to be equally bound and obliged ; both nature and religion do alike will and require it : for asmuch as god himself ( as we but just now hinted ) hath bounded himself by his promise , so ought a man , how eminent in vertuous qualifications soever he may be to exercise humane dominion over other men , as by no means to aspire to ' divine honours ; who finds himself no whit better than his neighbours , and must not take too much upon him , nor so demean himself amongst his fellow creatures , as if he had attain'd to a degree of divine perfection ; for men create idols , but do not create gods. the right of inheritance has no greater right than the law of arms , or the law of election , because a successors right and power are entailed upon him by vertue of his predecessors ; and right is what the subject granted and yielded to , and not what princes usurped to themselves . a prince 't is true , by inheritance obtains the right of taking upon himself the government of the common-wealth , before any other of the same nation , but that right doth not procure for him , as i may so say , so large a power , and superlative a government above others ; for it was not the peoples intent and design , when they honoured one family with such high dignity , that it should thereby become prejudicial and more troublesome to them , but rather that they should find the family so much the more gracious and bountifull , by how much they had , upon several accounts , obliged it to them : 't is true indeed , it is somewhat an hard task to alter the form of government , which are obtained by inheritance , because regal power in one family by long possession , and confirmed by custom , pleads prescription , yea , and hath mustered up all its forces to strengthen and uphold its dignity ; but notwithstanding it doth not thereupon follow that by law or right , their power is fuller or more valid , than if they were beholden to election for their authority ; in as much as it derived its pedegree and original from the peoples bare concession . it is confessed by all men , that the almighty did out of a tender regard to his people , grant them the liberty of making choice of what form of government they thought most convenient , and most suitable to their manner of living : it will be therefore agreeable to reason , to conclude , that god did also grant them the liberty of changing the government and magistrates , as by themselves so constituted , especially if they abused their power , and swerved from the true way conducing to the end propounded , that is an happy and peaceable life : for since princes were ordained for the benefit and advantage of civil society , it is more suitable and correspondent to the goodness and wisdom of god , that princes should depend upon the people , who can never be wanting to themselves , than that the people should depend on princes , who out of a certain innate principle , incident to all men living , being all for their own ends , and for what they can get , oftentimes forget themselves , and their duty towards the common-wealth , and spoyling all by forgetting the true end why they were so highly promoted to that honour , make ill improvement of the regal dignity , and of the end for which it had been conferr'd upon them , use it for their own , and not for the publique advantage . chap. iv. wherein is shewed , that there can be nothing gathered from the old testament , that doth contradict all these arguments , nay , that doth not mightily strengthen them . the patrons who stand up for absolute power , do commonly appeal to the sentence and judgment of sacred writ , and that with good reason , because scripture is the judge of all controversie , and is infallible , a most perfect rule , by the which christians are to square every conception of their mind , and also their life and conversation : god forbid then that we should deny such a judge , the discision of this point in debate . our adversaries produce that remarkable known passage in the history of king saul , the substance of which we thus comprize : the israelites now grown weary of the government of judges , require a king of god , like unto the kings of other nations ; they don't forthwith obtain their desire , nor was it convenient they should ; but before god would comply with their request , he forewarns them by his prophet samuel , of those things kings would do , preter & contra officium , besides and contrary to their duty , and not altogether without precedent ; yet they did not for all that alter their mind ; at length god wearied by their improbrious demands , granted them saul for their king. i cannot imagine what advantage the parasites of tyrants can infer from hence , that can in any wise justifie and authorize their cause : salmasius is not ashamed to assert , that by those admonitions , whereby he tried to reduce them to better obedience , and to reclaim them from their erronious practices , to a sound mind , did intimate and point at regal power , which was not known to the israelites : as if god should ordain the immoral and irregular lusts of princes to be the standard of governing ; and had a mind that they should be exempted from his law , and unaccountable for what they did : to what purpose did he then establish a proper and peculiar law for kings , as we described before ? by which ●aw they were commanded to have moses's law near them , to apply themselves carefully to the learning of it , to turn it over and over again continually ; and to that intent it came to pass samuel delivered the law written to saul , then chosen to be king , which he punctually observed , threatning him no less than he did the people , with utter destruction , if he should depart from it : for he spoke to israel in these words ; behold , god hath set him a king over you , obey and serve god , ye and the king who is set over you , otherwise you and your king shall perish ; which doubtless put these words in king james the i. his mou●h , when he drew up instructions for his son ; whom , saith he , does the reading and searching of the scriptures more nearly concern than kings themselves ? forasmuch as in that portion of scripture which makes first mention of the most excellent kings of israel , we find that they were not only invited and perswaded , but expressly enjoyned to be diligent in reading of , and meditating upon the holy scriptures . alas ! how sew of the kings and ' queens ( except william and mary ) did ever think this duty incumbent upon them ? yet grotius behaves himself much more modestly than doth salmasius , for he owns that those intimations and warnings of samuel , were so many predictions of future events , and not a description of regal right . for although divine providence did more tenderly indulge and encourage the israelitish kingdom , than other kingdoms , for the messiah's sake , who was to spring from the royal stock of israel ; yet that other kingdoms should be ordered according to the same model , would by no means follow from hence . salmasius doth not stick to say , that saul and david were immediately ordained and appointed of god , that other kings were but mediately only : therefore nobody should wonder why they were more sacred , and more inviolable than other kings . but if we consider this well , this distinction will be of little force ; nor can any argument drawn from hence , serve their turn ; for god granted them such a king as they required , and they demand a king like to the kings of other nations , and not a king of a new institution , as i may so say , such an one as never was in the world before ; god therefore grants them such an one as they desire . if then kings of other nations could be dethroned , no body can reasonably question but that the kings of israel might be so likewise : therefore the matter must come again to be tryed by the law both of nature and nations , neither did the two tribes at all doubt of it , when in rehoboham's time they shook off the yoke ▪ and placed jeroboham over themselves ; neither did their crime so much consistin that , as togetherwith rejecting rehoboham , they forsook also the temple and worship of god ; neither was any other thing in the mind of those forty , who betook themselves to the cave of engedi with david ; nay , they pretended to have a more desperate design in their heads , as touching this matter , than had the two tribes ; for they perswaded him to make use of the opportunity put into his hand , to rid himself from the persecution of the son of kis , by making him away . of the same opinion was also abishai , one of david's worthi●s , and brother to joab , who stealing privily into saul's tent with david , who found saul sleeping within the trench , and his speer sticking in the ground , at his bolster , took it up , and offered his service to david , saying . let me smite him , i pray the with the spear , even to the earth at once , and i will not smite him the second time . now if any one shall narrowly examine the history of saul and david , he will undoubtedly find that the so strenuous assertors of tyranny , have read the scriptures , whereunto they so confidently appeal , but very carelesly and cursorily ; for even saul himself never took himself inviolable , or not to be medled withall ; for after this manner spoke he to david , producing a piece of the skirt of his robe : thou art more righteous than i , for thou hast rewarded me good , whereas i have rewarded thee evil ; thou hast shewed this day , how that thou hast dealt well with me ; for as much as when the lord had delivered me into thy hand , thou killedst me not : for if a man find his enemies , will he let them go away free ? wherefore the lord reward , thee good , for that thou hast done unto me this day : neither did saul boast of or value himself upon his unction , nor much insist upon his inviolability ; nay , he ingeniously confesseth , that he was subject to the fate of other mortals , and that he had saved his life ; he owned this wholly to the magnanimous clemency and kindness of david , and not to his own majesty and dignity . now had the royal power , as a peculiar ●adge and characteristical mark of distinction , secured saul from all attempts upon his person , how chanced it that the four hundred and abishai understood nothing of that prerogative , only david by his prophetical spirit , was able to pry into that business ; nor in truth could saul have this prerogative , whatsoever it was , either from the law of nature , or of nations , for then it would have been made known to all ; but he had it only by a special grant and favour , which in all probability was revealed to david , by god alone : now the son of jesse had plainly signified , that the life of the son of kis was in his hand , and that he was at his mercy , for thus spake he unto him , the lord delivered thee unto me , nor did i lay hands upon thee : he s●il●s him indeed the anointed of the lord , and confesseth , that in consideration of this unction , he was induced to spare his life . yet it does not therefore follow that he was inviolable ; for if any one will refuse or delay upon any account , to put a thing in execution , you must by no means infer from thence , that it was not lawsull for him so to doe ; who knows not that holy men fearing god do oftentimes forbear doing some things , which otherwise might be permitted to any one whatsoever . you know it is sometimes a great sign of generosity towards an enemy , not to take advantage of him ; but saul was not affected with the same reverence and respect to david's unction ; for he persecuted him with such inveterate malice , because he knew that the son of jesse was anointed for king of israel , taking no notice at all of saul's other sons . again , absolom did not look upon his father's unction as sacred , who endeavoured might and main , to wrest the sc●pter out of his hand ; nor did hushai , that wise and prudent counsellor to absolom go about to deter him from his enterprize , by magnifying to him david's unction , but by magnifying his and his mens valour and resoluteness , which he pretended , was not adviseable to be engaged , without a pretty considerable stout party . but some may reply that david durst not venture to lay violent hands upon the lord 's anointed how bitter an enemy soever , and raging against him with a bloud thirsty mind , nor can this seem strange to any one that shall observe the signal and distinguishing dispensation of god's providence in this history ; for without god's permission , saul had not entered into the cave , wherein david , whom he sorely persecuted , together with the forty men of his life-guard lay hid , and it was because god would have it so , that david saw saul , and that saul was seen by him , that saul should not hear the least noise or whispering of those four hundred and forty men , some of whom communed with david . last of all , it was not without the special providence of god , that the son of jesse should cut off the skirt of the son of kis's robe , and he never perceive it : doth not the holy scripture make mention , that god caused a dead sleep to seize saul and his guard , when david accompanied with abishai , slipt unawares into saul's tent. it is more than probable , that all these things were disposed and foreordained of god , to give the children of israel to understand the constant goodness , and the meekness of the man so dear to him ; and as the scriptures declare , one after his own heart , and who by his valour and magnanimity , was to be an illustrious tipe of the messiah , from whose loins the very messiah himself , commonly stiled the son of david , was to spring ; if a man can indeed suppose any thing of man , in that sweet and gracious deportment of david towards saul : was it not david's prudence , who being the anointed of the lord as well as saul , to secure his own life from the conspiracies of the people , by sparing the life of saul , as the lord 's anointed . looking over the history of the first king of the israelites , i find a notable circumstance which might have stopt the mouth of the pleaders for absolute power , if they had b●t made the least reflection upon it ; the business was thus , the philistians having been put to the rout ▪ and totally defeated by jonathan , saul desirous of pursuing and gaining an entire victory over these uncircumcised philistians , gave a strict charge to all his soldiers not to touch any victuals until the evening ; jonathan being hot upon the pursuit , was not present when the prohibition was made , and consequently ignorant of the same ; now finding himself very much harassed , and half famish'd at his return into the camp , having light upon some honey by chance , dipt the end of the rod that was in his hand in it , and did but taste of it : now saul consulting with the lord whether he should continue the pursuit of the enemy , the lord gave him no answer ; whereupon the king having a mind to know the reason of god's silence , cast the lot , which fell upon jonathan , who presently confessed the fact ; the king his father swore he should suffer for it , and jonathan began to submit to this cruel unnatural sentence , and prepared himself for death : when the people to whom jonathan had much endeared himself by his eminent qualifications , and who had so well deserved of the nation , by his fresh victory over these philistians , did oppose his intent , and withall swore , that an hair of his head should not fall to the ●●ound , since that if there were any fault , it was committed meerly ou● of ignorance : behold how the will of the people does clash with the kings , and how the peoples will prevailed o●e● his ; and reason good it should , nay , and all this passed in a peac●full manner , without the least sedition on the peoples part , and without the least muttering or complaint of the king , that there was any violence offered him , or any atempt or incroa●hment upon his authority . neither does the power of ahab appear very much absolute , no more than that of the former king ; forasmuch as he could not possess himself of naboth's vineyard , but by the fraud of cursed jezabel , such as was scarce ever thought of by the basest of men , or by the worst of women : of jezabel , i say , who first suggested it , nor could he devise any other means to seize of this piece of land , but in raising up , and suborning false-witnesses against this gracious man , and in causing him to be put to death as a blasphemer . the tr●nsactions of the kings of judah and of israel do confirm this verity , where you may see that they drew by their example , their subjects into idolatry and all kind of wickedness , according as they were bygotted , and given to it themselves , and did ●eclaim them , and hindred them from falling foul upon these rocks , according as they kept themselves aloof from them . what was david's sense of his own proper dignity royal , is in the next place to be enquired into ; scripture informs us that he was anointed by samuel , as successor to saul ; howbeit , saul being gathered to his fathers , abner , captain of the guard to saul , placed ishbosheth , youngest son of the deceased , upon the throne of israel . what does david hereupon ? why , he wageth war with ishbosheth , under the notion of competitor , not as an usurper , for he never impeached abner of high-treason , for taking the usurper's part , yea , he even solemnized his obs●quies , condoles his being put to death by joab , ( because he slew azael , joab's brother , ) with tears and praises . nor did david look upon ishhosheth as guilty of usurpation , but pronounced him clear and blameless , yea , and revenged his death too , tho none of the king 's anointed , by taking off the murtherers : from all which , i cannot choose but wonder how ever it could enter into the thoughts of those who stand for tyranny , to seek refuge for their case , in the history of saul and david . but the chief master-piece of fawning-courtiers , on which they lay the greatest stress , seems to be this ; that the israelites never ejected , or ever called any of their kings to an account , in a court of judicature , although the greatest part of them were very dissolute , wicked , and idolatrous ; but what is lawfull is not according to st. paul's sense , always expedient . it is the part of a wise man when he designs to set about any business of concern , to have a special regard to time and circumstances , least contriving unwarily , and not timeing it aright , he lose himself , and fall short of his expectation . the israelites were but rightly served , if they underwent greater punishments then others , who had set over themselves a king , as it were against the will , and even in despite of god : they were even fain to smother and dissemble with their grief for very shame , who had made a rod for their own back . 't is also well known , that the law hath not its force in time of war , nor can that people defend their laws , when surrounded on all sides with potent enemies . moreover it is not in every respect true , that kings were never any where by the people of israel thrust from the throne , for the revolt of the ten tribes from rehoboham , and their election of jeroboham , is plain down right abdication and deposing . besides , we read how athaliah , mother to ahaziah , invaded the royal chair after her sons death , possessing it and enjoying it for the space of six years , and was in the end delivered up to be put to death , by the councel of jehodada , the high-priest : we read that amaziah perished by the conspiracy of the citizens : of jerusalem , that those who had a hand in the murther , did not suffer for the same , as was the custom amongst the jews ; for they usually punished their servants or ministers of state , who imbrewed their hands in the king's bloud , which happened to not a few of them . i must needs confess , that they did not deal justly , and according to the due course of law , but the assassinates escaping scotfree , proclaims aloud , that such proceedings , in taking away amaziah , was allowed of , and acceptable to the people . again we learn from holy scripture , that the management of the common-weal●h was taken from vziah , by reason of his leprosie , and delivered to his son jothan . why should we mention those incomparable heroes , the macchabes , who carried on a war with prosperous event , and greater glory , against antio●hus , otherwise their liege lord and sovereign ; and why ? because they opprest the jewish nation with unreasonable cruelty , compelling them to the worship of idols , by severe edicts and pknalties . what , did not the jews frequently make insurrections against the romans , under whose jurisdiction they were ? what was it moved the romans to destroy the whole jewish nation , to sack and race the city of jerusalem , but the high spirit of the jews not brooking the roman yoke . salmasius indeed confesseth thus much , that as soon as ever the jews became subject to the romans government , they did ever and anon rebel , saith he , , as it were against their implacable enemies , and subverters of their laws and religion . nor do i ever perceive that the jews mourned for the massacre of their kings , but rather bore it with a kind of indifferency , and unconcernedness : they did not rent their garments , nor put on sackcloath , nor throw ashes upon their heads , according as received custom , when any mournful accident surprised them ; nay , seldom or never performed any funeral rites , by waising and lamentation of the violent death of their kings . what can we think of the silence of the rabbies of that nation , who never so much as expatiated upon the praises of the sovereign , forsooth , and almost perpetual power of their kings ; but on the contrary , we learn from salmasius , that moses , m●imon●des puts this difference between the kings of israel and those of judah , david 's posterity ; that those of david 's family should judge and be judged , but that the kings of israel should not have the power of judging , nor could be judged themselves neither ; and that sechar had quoted several testimonies to that purpose . how come such a proud haughty nation as they were , and no small admirers of their priviledges , not to be proud of their kings being inviolable : for so far were they from entert●ining any such conceits concerning them , that in case they should have found them tardy , or committed the least offence against god's ordinances , they would have cited them before the sanhedrim , to be whipt with rods , as well as the high-priests . i shall subjoin two passages in this place , which may serve instead of a definitive and decretory sentence and determination to all those who suffer not their minds to be prepossest and hoodwinked by prejudice . the first is , that the creation of kings is more than once ascribed to the people : this may be gathered from the history of saul , of david , of solomon , azariah , josiah and others . concerning rehoboham , salmasius frankly owneth , the kingdom now in its infancy , saith he , when solomon the king●s death was once published and proclaimed , all israel being assembled to appoint his son king over them , they complained to him , &c. what answer returned he to their just petition ? why , he was so far from signifying any compliance with , and favourable acceptance of their petition ; that he positively threatned to lay heavier burthens upon them , and denounced the punishment of them with scorpions , whom his father only chastised with rods . he that was not yet a king to threaten thus , what would he have done if he had once gotten the crown on his head . i and after the jews had mightily fallen away from their pristine glory and renown , yet would they not resign up , or be deprived of the priviledge of creating their leaders : for the writer of the book of macchabees , lib. . cap. . gives us a relation of the election of simon the valiant , assoon as the people heard these words their spirits revived , and they answered with a loud voice , thou shalt be our leader instead of judas and jonathan thy brothers ; fight thou our battles , and whatsoever thou commandest , that will we do . now what man so void of reason as to imagine that all they depended upon the absolute will and pleasure of kings , who conferr'd this dignity royal upon kings ? what , do the people reserve no right to the thing that they themselves create ? the other also we produce from scripture , which plainly forbids the doing wrong to the people , for the scripture teacheth us , that they and kings are bound and stand obliged to one another , by the mutual and interchangeable bonds of a covenant . all the elders of israel came together before the king in hebron , and david made a covenant with them , before the lord in hebron ; they first treated concerning the conditions , upon which the son of 〈◊〉 should have the scepter bestowed on him , and this treaty was between abn●r and the people ; in the first place abner exhorts the people , and puts them upon conferring the kingdom upon david ; afterward he prevaileth upon them to gratifie his desire ; presently he hath recourse to david , produce●h before him the result of the treaty , that they have given their consent ; david signs and agrees to it ; the agitator between the parties , together with his associates , having been splendidly and chearfully entertained : abner having got what he would have had , and all things necessary to usher in the business thus happlly concluded , i will arise , saith he , to david , i will go and gather together to my lord , the king. all israel , that they may make a covenant with thee : nor did the high-priest jehodadah in any other manner advance josiah to the throne of his ancestors ; for he made him and the people mutually to contract and bargain together . chap. v. wherein are examined those passages of the new-testament , which our adversaries endeavour to draw to their purpose . having thoroughly sifted and discussed all the succours that reinforce their cause , out of the old law , let us now see whether or no the new-law be more favourable to them than that : they judge that precept of our saviour's , give unto caesar the things that are caesar's , as the most material , and all in all , in this their cause . but if i understand christ's meaning , this famous oracle of his doth rather make against our nonresistant parasites than for them : for our saviour doth not say all things are caesar's , but before he would answer this nice and cunning demand , he thought it best to look upon the inscription of the medal ; nor is there any question to be made , but that if the image and superscription had been herod's , ( such was the exactness of his justice ) he would have commanded to render unto herod the things that were herod's : wherefore if the things that are caesars are to be rendered to caesar : now if caesar exact those things for his own , which are not so , by the precept of christ , or at least the precept standing good and in force , they may be denied him ; but the honour , life and esta●es of subjects are not caesar's : the subjects are liable , in some respect in duty bound , to maintain his dignity and prerogatives with all these . they are therefore obliged not to grudge venturing their life and fortune , but it is to be at the disposal of the nation , and not as the prince pleaseth , but now the reason why we are commanded in the holy scriptures to honour kings , and even to obey them in such things as are harsh , and cross our inclination● , to pay taxes , to pour our prayers and supplications for them , this , if i am able to judge , doth not at all make for absolute power ; for we are commanded to exhibit honour to whom honour , tribute to whom tribute , fear to whom fear is due ; to strive to outstrip one another in well-doing , to pray for all men . i would fain know if any one can deny but this is also due to democratical government ; it is a thing granted by all christians in general , that all honour and reverence is to be paid to princes , even to bad ones , so long as they sway the scepter , provided they do not incroach upon the rites of god almighty , nor meddle with the spiritual concerus . but herein lies the main stress of the question , and turns upon this hinge ; whether or no princes , not using their power as they should do , and not administring the common-wealth aright , may forfeit their regal power ; if they do so forfeit , as we have before sufficiently cleared , we do contend that they may incur the penalty of being discarded , and we do readily consent with the council of basil in the same , cui piae non predest correctio , debita ei non parcat abscissio ; to him whom pious correction does no good , let not a deserved cutting off spare him , if so be it be once by the states of the nation declared , that they have forfelted their government ; but i do not think it fit for any private person , nor lawfull for divers particular persons together to pass this sentence , even as it is not lawfull for any private person to introduce a new form of government into the common-wealth ; but it is generally allowed by all , that this belongs to the whole nation , or at least to the better part of it . but to the end we may cut off all means and occasions from our adversaries , of expecting any relief for the future from the new-testament ; those precepts by which we are instructed in our duty towards princes and magistrates , are to be explained by three observations . st . those precepts as we observe , are recommended and enjoined to all who are in authority over others , without exception . now the authority of those that bear rule , is not one and the same in all nations ; therefore the laws of every nation standing in full force and vertue , holy men would introduce their own laws without prejudice to the other . ly . the apostles rules respect particular men , not the whole lump and mass of any particular nation : for at such time as they were delivered , the church did not compose any body politick , nor did compose any , till a long time after ; nay , even the apostles authority was odious , and suspected by all nations . ly . the apostles had nothing to do to determine what laws every nation were to make use of ; for our blessed lord would not have it , that his church should make us any politick particular government ; for since it was to be propagated through all parts of the world , which according to the various disposition and humours of the people , the forms of government do very much differ , nay , and sometimes are quite contrary one to another ; it was but convenient that the apostles should leave the administration of government to it self with this proviso , that it should not contain any thing in it that might seem repugnant to the tenure of the gospel . chap. vi. wherein is treated of the first ages of the christian church . but now because in the three first centuries , out of an unparallell'd example of humility and patience , christians never made the least insurrection against the heathen princes , by whom notwithstanding they were most barbarously and sundry ways tortured ; this does not at all infringe or invalidate the force of our argument , for they were no ways in a capacity of behaving themselves any otherwise , being destitute of force , and all along subject wheresoever they were to their enemies ; but we lose not one jot of our right , when we are debarr'd the use of it either by open force or any other insuperable way whatsoever , yet one or other may object , that the christians might have entered into confederacy with the most moderate heathens against those who were cruellest and most violent , yet neither was it expedient for the christian religion to subdue the world to it self ; it was a piece of indecency , for if after this manner to gain triumphs over idolatry , but so soon as ever it got the upper-hand of the world by abundance of patience and conspicuously eminent good living , and became , that i may use the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the prevailing doctrine , then did god out of his tender mercy grant princes to his church , who might be able not only to secure them and defend them from the heathen , but even from bad christians too . now at this day we are by god's blessing in the same prosperous condition , and without all paradventure , christians may now use that authority wherewith they are impowered by god. but if any man shall pretend to scandalize or blame our cause , for not having summoned all those they called fathers , to give evidence to strengthen our cause in hand , let him content himself with this reply ; that we have already given an account of the three first ages : but as for the succeeding ages , constantin the great will answer for us , who levied war in christ's name against maxentius and licinius , and managed it all along accompanied with soldiers that were subjects to both those tyrants ; who , upon the account of his noble and famous exploits , in behalf of christendom , is celebrated by the praises and encomiums of all the fathers . it will not be much to deviate from our purpose , if we bring in , and join to constantin , constans the youngest of all his sons , who had some thoughts of going to war with constantius his brother , being an arrian for the restoring of athanasius , and the rest of the orthodox bishops to their seas , but was prevented by death . so that i cannot but admire the maintainers of tyranny should be so blind amidst so clear light , and that with such an impudent confidence should , what in them lies , bear down and oppres● manifest truth ; and should peremptorily assert , that till augustines time , and not till after that time too , that there was no mention extant in history of any private person , who assassinated his king , or took up arms against him ; that not the least cabal of christian conspirators durst ever dare to do the same , even to the most pagan king ; much less did any of the peers of the realm , ever pretend to stain his conscience with the like wicked cruelty : when it plainly appears by the history of all those times , that magnentius , who listed himself under the banner of christ , did cruelly and barbarously murther constans augustus , his benefactor , and an orthodox emperor : and when it is certainly true , that maximus , who was also in the list of christians , did treacherously slay gratian a christian , and one of the best emperours . and to name no more , it is evident that the most christian king theodesius did cu● off maximus the tyrants head , who was the murtherer of gratian , after he had overcome him in war , and taken him prisoner . now we have produced all these before the age st. augustine lived in , not that we subscribe to , and approve of all these ( god forbid a christian should be possessed with such a perver●e idle spirit ) but only to prove by the way , that this was matter of fact , which our adversaries has the face to deny . and indeed if any one , who is not prejudiced , shall peruse ecclesiastical history , he stall find , that the primitive christians , who were eminent for authority and power , did no less exercise it , than those now a dayes : besides the christians of the first th●ee cent●ries did not stop the cariere of tyrants by force of arms , but by their christian and vertuous piety ; not that god would have them divested of that authority the law of nature granted to all nations , but it so seemed good to his wisdom , that he might instruct all nations , that christs kingdom was spiritual , and that the world was to be brought under his dominion only by spiritual warsare ; but when the world was subdued to christ , the church scattered ●ar and wide over the face of the whole earth , then it became very like to the net in the gospel , that inclosed abundance of good and bad fish . god out of his infinite goodness did graciously grant them christian kings and magistrates , whose business was to separate the good fish from the bad , who should conduct and rule the numerous church , as a well disciplined army : moreover i desire you , to take notice of one thing more , which puts this truth beyond all exception , and that is this , that the christians of the first three centuries , did never suppress hereticks by force of armes ; but after they had once got the management of supream affairs in their own hand , they soon supprest , not only hereticks , but even schismaticks too by armes . i , and st. augustin himself sounded the charge to this battle , which i do not so much approve of . it does therefore evidently appear , that the christians of the primitive church , supposing the power of the sword annexed to magistracy , did forbear using it , whilst they were destitute of a christian magistracy ; but when once they were subject to a christian m●gistracy , christian religion did never deprive its disciples of the natural 〈◊〉 civil law ; and they publickly made appear , that christ came not into the world to destroy and subvert nature , but for the correcting and bettering of it . away then with your plagues of mankind , who , that they may curry favour with tyrants , have the impudence to bring back into more then egyptian slavery , those whom god hath brought out of the house of bondage , whom christ hath redeemed with his precious blood , that they should no longer be under servitude to man. and now methinks , we have abundantly evinced , both by the decrees of the councils , and by constant usage and practice , as well as by the laws of nations , by the determinations of the doctors , by the confession of emperours and kings , and last of all by the t●stimony of the holy scriptures , that tyrants may be deposed , that the unruly d●●ires of kings may be restrained by the laws . it doth therefore plainly appear , from the premises , that the parliament of england , did very wisely and seasonably provide for the good of the commonwealth , when they rejected james the second , who trod both divine and humane laws under foot , and in putting that pious and magnanimous prince , that just defender of the faith , and of the laws ; yea , and true heir to the crown , in his stead . we shall not wander abroad , to search here and there for examples and testimonies beyond the christian world ; for since that the matter is to be tryed before christians , and christian judges , reason requires , that it should be decided by christian laws . we have cull'd out from that plentiful stock of arguments , the choicest , and such as seem to have been offered to the world with the most mature judgment , in which examples , conscience and the publick benefit , would very well agree and conspire together . we omit those , that either have too much to do with popularity , or preposterous violence and heat , and such which smell too strong of popish tyranny , lest we should occasion scruples to some good men , and administer any cause of wrangling or quarrelling to our adversaries ; and if i be not much mistaken , i have so explained and cleared the history of saul and david , that from it , i hope , for the future , those passive obedient parasites of tyrants will not expect to find any thing to encourage them . the appendix to this small treatise . when i had quite made an end of this small piece , i accidentally met with the posthumous work of edmond richer , doctor of the faculty of paris , no obscure person , touching ecclesiastical power in temporal matters , it was published at cologne anno . wherein he makes as if he would lay some foundation for the absolute power of the king , but defends it with such sorry pitiful arguments , that altho he had a mind to sacrifice truth to regal power , yet in spight of his teeth , truth ( for it 's stronger than any king ) will bravely hold up its head against error : nor would i have you take my word for it ; let him have a● hearing , bringing in his evidence for truth . as to the second doubt , saith he , i grant that every commonwealth standeth upon its own legs , and is sufficient for its self , by divine and natural right should it be either a republick or a monarchy , so it be done by a free consent of the estates , and the publick peace kept , for by what right it doth by the undnimous consent of all , chuse freely a prince , by the same right also may it abrogate and disown that prince , provided that in so abrogating , the publick tranquility and peace be not disturbed ; for if the publick peace suffer thereby , it is far the wiser course to rest satisfied , and endure the grievances and tyranny of one single person than of many , conformable to that precept of our blessed lord , not to plu●k up the tares with harm to the wheat . in this thesis , richerius does not only settle and maintain the right inherent to the people to depose ill princes , but does also mightily approve of the late change that happened in the british affairs as lawful : for charles the second dying without lawful issue , it was in the parliaments power , either to elect or refuse james the second , by reason of his great averseness to the true religion , it was therefore in the parliaments power to eject him ; but they ejected him as one who did not administer aright ; neither was the peace and tranquility disturbed in so abrogating him , neither were there more tyrants placed in his stead , but the true rightful heirs to the crown william and mary ; and by rooting up the greatest part of the tares , no damage to the wheat ensued ; yea it becau●e more pure and clean , therefore richerius could have desired nothing more in this revolution . furthermore , the said richerius tells us , that as well reason as the practice of the primitive church do confirm , that it is altogether unlawful to shock the peace and quiet of the publick , only upon the acco●nt of a princes oppressing or forsaking the religion professed and established by his predecessors , unless at the same time he injure the peace , with the state of the kingdom . we have before lookt into the reason it self , and constant practice of the primitive church ; but for all that , richerius must needs confess that it is lawful to restrain one that does injury to publick tranquility . but this great parisian doctor useth a strange kind of distinction , except it so fall out , saith he , that he violate or corrupt the peace , together with the state of the kingdom : he seems to make small account of religion , who supposeth that the religion of a kingdom may be supprest , and that yet the peace of the kingdom may not b● disturbed and destroyed ; the good man knows that religion is one of the tenderest things in the world ; and thus you see how truth uses to compel the maintainers and abettors of falshood to acknowledge her ; and even , whether they will or no , to extort an evidence for her against themselves . give me leave now to finish this appendix with richerius's own words , we must conclude then , says he , that it is one of the greatest miracles that can possibly happen t● mankind in any civil society , to be blest with a good prince , which god out ●● his mercy bestows on them , as he gives ill princes in his wrath . o fortunates nimium , sua si bona norint anglicolas — what mighty blessings may the english find , if to their happiness they are not blind . gloria deo in excelss . notes, typically marginal, from the original text notes for div a -e from binius . conc. tolet. . c. . by others cintillanus . vi. conc. toled . c. . eighth synod of toledo , a law of king beccesuinthus enacted . viii . synods universal decree in the name of the prince . * xii . synod . toledo . c. . to . ward the end . salmat ▪ is mistaken , who in defence , r. c. . p. . printed . affirms that pope zacharius was the first who absolved people from the oath of allegiance , since that was done by this synod seventy years before zacharias , who lived seventy years , who lived about the middle of the eighth century . xiii . toled . synod . flavius ervigius to the holy fathers . mezeray in the ● life of child . the d. idem in the life lewis the pious . psal . . . heb. . . to volusius praefect of the praetorium . aen. sylv. de gestis concil . basil . l. . f. . in fasciculo rerum expeterdarium & faciendarum pristinae editionis . t●o a . ae quest . . art . . at the end . a . ae . quest . . art . . & quest . . . joan. gerson edit . paris . fo . . . & sequent . art . prima veritas . secund. verit. tert. ve●is . vii . consider . in his treatise of guelph and gibellin . bellermin . in exca sat . bar claij ca. in princip . ibidem in . respons . torrensis d● sum . pontif supra co●●ilij auth●●itate . anal. divin . fidei . l. . c. . corallar . de homine in so●ietate constitute . 〈…〉 . be●an in controver angl. p. . edit . p●im . joan. albint . ma●ian . l. . de institut . regis c. . s●ar . desenfidei catholic . l . c. . & lib. . c. . instit , l. . c. . tit. . lipside constan . lib. . cap. . salmatius edmund riche●ius . mem. de du tillet . in the chapter of the coron●tion of kings . deut. . . matth. . . instit . l. . tit. . c. . exod. . this is an incomp●●able d●monstration and not to be ●vaded . antonin . was an heachen . grot de jure belli & pa● . l. . c. . n. . salm. cap. . p. . g●●t . ut supra , he reckons seven causes why he may be removed from the throne salm. c. . p. . c●un . constan s●ssion . and . basil . . and . a●bas vrsparg . chron. p. . lewis of bavaria , winceslaus and others . javenal . sat. . milton against salmatius . amongst which we reckon gerson aen. syl. and late writers edm. richer . elias du pin. and many others . add to these beller . peron . torrensis and many jesuits . cap. . p. . , , . deut. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. . p. . grotius vide supra . cap. . p. . ● . sam. . sam. . . sam. . sam. kings . sam. . sam. . sam. . kings . chron. . kings . chap. . p. , . cap. . p. , and . majmonidt , halac melac . cap. . sam. . kings . kings . kings and . salmas . cap. . p. , . cap. . sam. . kings . vales in eusebium in hist . eccles . lib. . cap. . up and down in ec●le● . histr . salmas . cap. . p. . die jovis. maii. . the declarations of both houses of parliament. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die jovis. maii. . the declarations of both houses of parliament. england and wales. parliament. sheet ([ ] p.) may. . london, printed for joseph hunscott, [london] : . the lords and commons will maintain the committees at york in what they have done and shall do. any person arresting them or any of them, .. or injuring them is declared a public enemy. .. -- steele. reproduction of the original in the british library. eng prerogative, royal -- great britain -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- militia -- early works to . yorkshire (england) -- history -- th century -- sources. a r (thomason .f. [ ]). civilwar no die jovis. maii. . the declarations of both houses of parliament. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion tudor rose scottish thistle ❧ die jovis . . maii. . the declarations of both houses of parliament . the lords and commons assembled in parliament do declare , that they are resolved to maintain those lords and gentlemen , committees of both houses of parliament , residing at york , in those things they have done , and shall furher do in obedience of their commands for the preserving the peace of the kingdom . the lords and commons do declare , that if any person whatsoever shall arrest , or imprison the persons of those lords and gentlemen , or any of them , or any other member of either house , that are , or shall be imployed in the service of both houses of parliament ; or shall offer violence to them , or any of them , for doing of any thing in pursuance of their commands , or the instructions of both houses , given unto them , shall be held disturbers of the proceedings of parliament , and publike enemies of the state . and that all persons are bound by their protestation , to endeavour to bring them to condign punishment . the lords and commons do declare , that those of the city of london , and all other persons that have obeyed the ordinance for the militia , and done any thing in execution thereof , have done it according to the law of the land , and in pursuance of what they were commanded by both houses of parliament , and for the defence and safety of the king and kingdom , and shall have the assistance of both houses of parliament , against any that shall presume to question them , for yeilding their obedience to the said command in this necessary and important service ; and that whosoever shall obey the said ordinance for the time to come , shall receive the same approbation and assistance from both houses of parliament . ordered by the lords and commons assembled in parliament , that the abovesaid declarations shall be forthwith printed and published . joh. brown , cleric . parl. may . . london , printed for joseph hunscott . the kings grant of privilege for sole printing common-lavv-books defended and the legality thereof asserted atkyns, richard, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the kings grant of privilege for sole printing common-lavv-books defended and the legality thereof asserted atkyns, richard, - . [ ], p. printed by john streater, london : . attributed by wing to r. atkyns. reproduction of original in the st. john's college library, cambridge university. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng prerogative, royal. law printing. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion the kings grant of privilege for sole printing common-lavv-books , defended ; and the legality thereof asserted . london , printed by john streater , ▪ the kings grant of priviledge for sole printing common-law-books , defended , &c. the principal exception against the grant of priviledge before mentioned is the slander of a monopoly ; and the principall foundation on which it stands supported and justified is the kings prerogative ; and therefore those two matters , a monopoly and the nature thereof ; and the kings prerogative and the extent thereof are necessarily to be first considered . i consider a monopoly as it is ( or was ) at the common law before the stat. jac. the matter in question being of a grant made before that statute ; and the thing granted excepted out of that statute . 't is true , a monopoly is ( as many other ungrateful terms are ) taken primarily and generally in the worst sence , to signifie something unlawful , against the freedome of trade , the liberty of the subject , &c. and the word is thereupon also forced and extended ( beyond its literal signification ) to comprehend every sole dealing or exercising of that which others are restrained to use . and to be termed a monopoly , is at this day an imputation , as if the unlawfulness thereof were necessarily to be presumed and implyed . whereas it is most clear , that all monopolies are not against law , some being reasonable , useful and beneficial to the publick , and some necessary ; and this necessity and benefit to the people recompenceth the restraint of their liberty , and taketh away the unlawfulness thereof . all patents of priviledge for the sole usage of new inventions are monopolies undeniably , yet is it necessary they should be granted for the encouragement of industry and invention ; the communicating whereof to publick use , is a publick and general benefit , though the making the invention should be perpetually appropriated to the inventor . all or most of the ancient offices were at the first ( and are agréed to be ) direct and plain monopolies in their natures , and are now found so to be in their mischievous consequence to the generality of the people , whose charges do but enr●ch a single person sometimes for performing that which is needless ; or if needful , might be performed by the persons concerned themselves without charge . nevertheless , such offices having béen created originally upon reason of use and benefit to the publick , for encouragement of learning , diligence or fidelity , or such like motives to his majesties royal predecessors by whom they were erected , have from age to age béen approved and continued as they now are , ( and are excepted by name with this priviledge in question out of the aforesaid stat. jac. ) as unquestionably lawful . it hath been said , that ancient offices are established and made lawfull by time and custome , which is part of the law . to which i answer , that a monopoly is an evill of that nature as could not be justified by custome , or by length of time , if it were not ex rationabili causa usitata , a benefit to the people in recompence of the restraint of their freedoms : for 't is the reasonableness of benefit that justifies the thing , and not time or custome ; in consuetudinibus consideranda est soliditas rationis , non diuturnitas temporis . in like manner a man may by vsage or reservation claim the sole priviledg of kéeping a common mill , a common bake-house or brew-house within a certain precinct ; for this may have commenced originally ex rationabili causa , by bargain or agreement to be made at the owners charge , and for the inhabitants ease and benefit , which is a recompence for the restraint of their liberty of using the like . e. . . the case there is , that the king had granted a charter of priviledge to the lord or owner of a haven , that such ships as anchored or entred there for harbour , should unlade there only . this and the precedent cases are plain monopolies ; yet because they stand upon equivalent benefit , and the ships had harbour and safety from the lord of the haven , 't was therefore allowed a lawfull charter . from which cases i infer , that before the statute a monopoly might be lawfully erected , because it might be beneficial to the publick , and was permitted in special cases . and with this agréeth the learned grotius in his book de jure belli & pacis . monopolia non omnia cum jure naturae pugnant , nam possunt interdum à summa potestate permitti justa de causa , &c. and he instances the practice and permission thereof in the roman state , ( the pattern of governments ) and the holy story of joseph touching this matter . a monopoly is then unlawful , when thereby the people are restrained in their lawfull trades , or in the exercise of what they have right to use , without general benefit or recompence for the same : but the priviledging particular persons to exercise a particular imployment which others never did use , nor have right to use , and the generall use whereof would be dangerous , and the restraint of the use safe for the publick , cannot be unlawful ; for the reason of that unlawfulness fails , cessante ratione legis cessat lex . now for the prerogative ( which is a copious subject ) i shall only mention so much touching the same , as i conceive most proper to the matter in hand . the king hath prerogatives of severall natures , and grounded upon severall reasons ; some in respect of his own royal estate and person ; others in respect of his office and magistracy , for the better government of his people : for the king as supream magistrate hath a general trust and care of the peoples safety , to prevent , as well as to deliver from publick evils . rex &c. ratione dignitatis regiae ad providendum salvation●m regni circumquaque est astrictus . now providentia is ( properly ) futurorum ; whereby the king is to use all means to foresée and prevent mischiefs within his kingdom . for this purpose , and for the enabling him to perform this office and trust , he is by law endowed with several transcendent prerogatives , some known , and some unlimited and unknown which are jura summi magistratus , as great for weight , and as infinite for number as the contingencies may be wherewith the peoples safety may be affected . the extent of the kings prerogatives , such as concern their own personal rights , or the rights of their estate , are sometimes disputed , and have sometimes béen limited and restrained by their own consents in parliament . but those touching the preservation of the publick have never been limited , nor ought to be disputed or lesned ; and if so , the intended limitations and restraints thereof have been adjudged void because these prerogatives are inseparable from the crown . hence it is , the king can dispence with laws , can pardon offences , can licence matters prohibited , can prohibit matters tolerated , and can priviledge , restrain , or qualifie new accidents , as he in wisdome and deliberation shall judge expedient and best for the publick good . which iudgment and deliberation is peculiar and proper to the king , who alone comprehendeth the estate of publick things , and it is a duty and consequence of his supream magistracy . now printing in every mans reason and observation is , and in the act for regulating printing is prefaced to be matter of publick care and great concernment . these things being premised , i shall only state the case truly as it is to be understood touching the priviledge in question , and then the application will be obvious . in the reign of king hen. . the art of printing was first invented . and as some manuscripts relate , the same king hen. . purchased the first discovery of the art , and thereby became proprietor thereof at his own charge ; whereby the same came to be taught and used in england , but for the printing of such matters onely as the king licensed and priviledged , and by the sworn servants of the king onely , and in places appointed by the king , and not elsewhere . by the later end of the reign of h. . the invention was come to some perfection , and several books were then printed here cum privilegio , and others brought over printed from beyond the seas ; but being few in number , and the prices thereof excessive , the same was remedied by the stat. h. . cap. . the state at that time taking consideration of the growth of printing , and the danger and consequences that might ensue to the king and people by printing the lawes of the land , that thereby errors and seditions might be divulged and insinuated , and other mischiefs happen to affect the the people , thought fit thereupon to commit the printing of the lawes to the care and trust of some particular persons whom the king by patent priviledged to print the same , with a clause of restraint to all others from presuming to meddle therein . all succéeding kings and queens of this realm have upon like considerations mentioned in their grants , and other considerations of state , in wisdome thought fit to continue the said priviledg in the hands of some persons in whom they consided , with like clauses of restraint as before . the dates and successions of which grants are as followeth . the king granted a patent of sole priviledge to print law-books , to tottell for . years , with restraint to others from presuming to print his lawes . the quéen renewed tottells grant for life . the quéen granted like patent of priviledg to yersweirt clerk of her signet , for years . the queen granted a new patent of like priviledg to weight and norton for years . the king granted a new patent of like priviledg to john moore clerk of his signet for years ; which patent is still continuing . these priviledges ad imprimendum solum , have continually béen enjoyed according to the purport of the said grants ; saving the interruption forced upon the presse after . in the times of the late troubles , whereby sedition and treason came to be printed openly , and continued so to be till his majesties restauration . this is the first peaceable age wherein the kings prerogative , in this matter of printing the lawes , was ever questioned , or the aforesaid priviledges charged with the imputation of monopolies . and whether they be such monopolies as are against law , is the present question . for the justifying the lawfulness of this priviledge , i offer the reasons ensuing . . that the king hath as absolute power to prevent evils foreseen , as he hath to reform them which happen unforeseen . and i conceive it clear , as he may forbid the exercise of any invention , which upon the permission thereof shall prove or become a nusance , or common mischief , so he may qualifie , or wholly prohibit the first use of it , out of a prospect of the mischief . watchfulness and carefulness are the duties required of a good prince ; to watch , is , that he may prevent and obviate dangers . now experience hath discovered to us the dangers and mischiefs of the liberty of printing ; and , though the excellency of the invention cannot be denyed , yet , whoever will consider it , shall find , that factions and errors in matters of religion , and principles of treason and rebellions in matters of state have been more insinuated and fomented by the liberty of the presse , then by any other single means . so it may seem a question ( impartially considered ) whether the use of printing recompenceth the mischief by the liberty and abuse thereof . therefore the a father observeth excellently well , the matter of books seemeth to be a thing of small moment , because it treats of words ; but through these words , come opinions into the world , which cause partialities , seditions , and wars : they are words , it is true , but such as in consequence , draw after them hosts of armed men. now certainly , had the king at the first discovery of the invention of printing , foreséen the vse thereof a likely means of disturbance to the peace of the church or state ( as the liberty and abuse thereof hath proved to both ) . it had béen in the kings power , for the peace and safety of both , to have prohibited the vse of printing wholly . . as upon the reason aforesaid , the king might at the first have refused to have received the vse of printing at all into his dominions , so much more reasonably might he restrain the general liberty and vse thereof , not to extend to matters of state or law , these being peculiarly within his concerns , and of more apparent danger to the peace of the state. some states have not suffered their laws at all to be published or known . there might be policy in this , though it seems unjust ; yet on the contrary , for a general liberty to publish the laws is neither honourable nor safe . the mean betwixt these extreams hath been practised by the kings of this realm , not to restrain the printing of the laws wholly ( as they might have done ) nor yet to give a general liberty to every man for the doing thereof ( which might prove unsafe ) but to priviledge select persons only to do the same , who might be answerable for misdemeanors and defects therein . . though the art of printing was discovered sometime before the reign of e. . from whom the first patent of this priviledge appears granted , yet were the presses all then licenced by the king ; and none , or no considerable book of the law was printed before that time , the art not being come to perfection : so that the first patent of this priviledge could not be pretended a monopoly , or illegal , none then having the trade , or right of printing the laws to be detrimented thereby . . the king having at the first beginning of printing , by his lawful prerogative , and upon just reason placed this priviledge of printing the laws solely in the hands of particular persons , to prevent mischiefs which might ensue upon a general liberty given to print the laws ; and the said priviledge being then not unlawful , because no restraint of any thing then practised or exercised , or which any one had right to exercise : and having ever since so continued , and the people generally neither intitled to the right or vsage of printing the laws , remains grantable as at the first by virtue of the same prerogative , and for the same ends , and with the same innocence from injuring any one . . besides the reasons before mentioned , ( of security to the kingdome , against innovations , or false construction of the laws , either by the designs of authors , or mistake of printers , which is worthy the princes care , and those he entrusts with the printing of the laws to prevent ) the king hath ( as i conceive ) a peculiar right and property ( not only in the art and invention of printing by purchase ( as before hath been said ) for in that i lay no great weight but ) in the laws themselves , and in the publishing thereof , which cannot be taken from him , or assumed by any subject without his leave . 't is true , the people have also a right in the laws ( as they had before printing was known ) not to print them , but to receive the fruit of them from the kings hand . but the king is the repository and proprietor , and is entrusted with the promulgation and execution of the laws . there is lex scripta & non scripta . the written laws are records , &c. which are recorda & brevia domini regis , and are reckoned inter thesauraria regis , as the chief and principal things wherein he hath property . but the unwritten laws , which are grounded upon custom and reason , &c. are yet more properly the kings then the other , for these are in his brest . the written law is reposited but in arca or thesauro regis , but the laws unwritten are in pectore regis . in scrinio pectoris , saith fortescue . from whence i infer , that these laws and records which are so peculiarly the kings in property and dispensation , ought not to be published , or numbred , or interpreted but by authority from him ; and the printing thereof is of the kings free pleasure , and not the peoples right , and consequently the priviledging some to print the law is the kings grace , and the restraining others from that liberty not any wrong . . if no material reason could be offered in this case , to assert the kings right in granting this priviledge , yet there want not authorities to justify the same . . the constant usage and practise , without exception from the first settlement of printing , as appears by the succession of patents before mentioned . in the argument of darcy and allens case , one great reason against that patent , was , that the like had never been granted before . but here the like hath ever béen granted , ever since the printing of the laws , and the like ( or any ) exception thereunto never heard of before . . the general allowance of the judges in the argument of darcy and allens case , where this patent was cited as a president , and holden lawful , & necessary pur le peace & safety del realm , nemine contradicente . . the stat. jac. cap . was passed purposely to suppresse the then present , and to prevent the future granting of monopolies , and yet expresly excepts patents of priviledge for sole printing of books with several branches of the militia and offices , and other like things of the highest concern to the crown . and i cannot omit to observe , that this priviledge of printing is the first thing named in the exception , as if the parliament then had it first and principally in their care ; and that this patent now in question was the same patent then in force . . the stat. . jac. before mentioned , and also the stat. ▪ car. . touching the regulation of printing , provide for patents of priviledge for printing , granted , or to be granted ; which they would not have done , had they not approved and intended to encourage like grants to be made . and also the last mentioned stat. fol. . expresly prohibits under penalties printing or com-printing of such books , the which any other hath sole priviledge to print by letters patents ; which implies , the parliament intended to support and establish such as lawfull ; and it cannot be reasonably thought several parliaments should so expresly provide for this priviledge of sole printing , if they had not designed to secure it from the censure of a monopoly . it hath been objected , that this patent hath the mischiefs of a monopoly , for thereby the patentee may enhaunce the prices of law-books ; may print the law-books as defectively as he pleases , and may prise mens labours at his own rates , &c. . the prices of books may ( if occasion shall be ) be regulated by the chancellor , &c. per stat. ▪ h. . cap. . . defective printing , or other abuses in or about the printing of the laws , is a breach of trust , and punishable in the patentée , and a cause of forfeiture of his patent , as mis-execution , or defective erecution is a cause of forfeiture of an office. . if these objections were true , and could receive no answer , the mischiefs pretended are not comparable to the benefits received , or the security which redounds to the publick , by restraining the general liberty of printing the laws . the words of the patent are said to be too large and unreasonable , to priviledge all books concerning the common laws . for herein all manner of books whatever are included , forasmuch as every book more or less compriseth something of the common-law . this is an unreasonable construction of the words ; for books principally treating of another subject , which in the proof , or proceeding thereunto , only mention some maxims or principles of the law , can only be said to contain in them some chapter or page ( but cannot be termed books ) concerning the law , the law neither being their subject or design . denominatio ●umitur à principali . . if this patent touching the sole printing of the laws should in this age have the sentence of a monopoly against law , in consequence other patents of priviledge of like nature for sole printing of books ( that is to say ) the patents to the kings printers for printing proclamations . the patents for printing the bible , testament , common-prayer , &c. the patents of both the universities of this kingdom in reference to printing . the several patents to the company of stationers for sole printing the primer , psalters , singing psalms , school-books ; and that of almanacks , the words of which are , all and all manner of almanacks , in terminis such as be the words of the grant in question , and are all priviledges of the like nature and authority ( but of lesse reason and use ) must have the same fate to be overthrown therewith . . the usage of other neighbour kingdomes and states , may in this matter enforce the reasonableness of the like vsage here . in france , germany , holland , &c. sole priviledges of this nature are usually granted , and solemnly observed . the forms whereof are to be séen before several books printed within those kingdomes ; to this effect , ( viz. ) sancta caesarea majestas diplomate suo sanxit , ne quis praeter a. b. c. d. intra sacri imperii romani regnorumque , &c. fines , these and those books in toto vel in parte excudat , &c. sub confiscatione , &c. in like manner , ordinum hollandiae , westfrisiaeque singulari privilegio cautum est , ne quis praeter a. b. & c. d. ( these and those books ) imprimat &c. sub confiscatione , &c. the form of the french kings priviledges , recite his prerogative , that no book can be printed within his dominions , sans avoir sur ceo nos lettres à ce necessairs , that thereupon he does permit such persons to print such books in such manner , &c. faysans d' offence à touts imprimeurs , &c. d' imprimer , &c : any of the said books besides the persons priviledged . now forasmuch as the kings of this realm of england are not restrained herein ( in case they might so be ) by any statute since the invention of printing , why should they be conceived to have less right and power to grant like priviledges touching printing , then is practised by their neighbour princes upon the same reasons of law and state , for their subjects safety . it being almost impossible for a prince to rule the spirits and wills of his subjects ( since printing came in vse ) without restraining the presse , which so evidently influences them to evil or good. i only add , that after the long parliament had ( anno . ) opened a liberty to the presse for their first service , to insinuate and propagate principles of rebellion , they immediately found it necessary again to restrain the same ( anno . ) for their own security . the sum of all which is , . that some monopolies may be necessary and useful to the publick , and consequently lawful , . that the king hath prerogative to priviledge such , and is iudge of the matter . . that the priviledge in question is such , and hath been so adjudged by the kings predecessors ever since the reign of edw. . . that there hath been a continued succession of patents of the same priviledge ever since the printing of the laws . . that experience hath discovered the mischief of liberty in printing the laws . . that the king upon fore-sight hereof ( much more upon experience ) might restrain the printing of the laws wholly . . that the king hath a property in the laws , and 't is his grace , and not the peoples right , to have them printed . . that like priviledges for sole printing of books , are practised and used to be granted by all the neighbour princes and states where printing is used . . that in arguments of law , this priviledge hath been cited , and allowed lawful . . that several statutes have excepted and preserved it as lawful . from all which it is ( with submission ) concluded to be so . finis . notes, typically marginal, from the original text notes for div a -e lib. . cap. . parag. . reg. . f. paul servita in his history of the inqu . pag. . anno . this appears by a manuscript thereof in the library at lambeth . e. . e. . eliz. eliz. eliz. jac. a f. paul servita ubi supra , pag. , . eliz. moores rep. . . object . sol. . object . sol. englands present distractions. paralleld with those of spaine, and other forraigne countries, with some other modest conjectures, at the causes of the said distempers, and their likeliest cure. / written by a loyall subject to his majestie, and a true servant of the parliament, in vindication of that aspersion cast upon them, for declining his majesties royall prerogative, or seeking to confine it to limits. by h. g. b. l. c. h. g., b.l.c. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) englands present distractions. paralleld with those of spaine, and other forraigne countries, with some other modest conjectures, at the causes of the said distempers, and their likeliest cure. / written by a loyall subject to his majestie, and a true servant of the parliament, in vindication of that aspersion cast upon them, for declining his majesties royall prerogative, or seeking to confine it to limits. by h. g. b. l. c. h. g., b.l.c. p. printed for francis wright, london : . imperfect: significant loss of text on p. . annotation on thomason copy: "novemb: th". reproduction of the original in the british library. eng prerogative, royal -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no englands present distractions.: paralleld with those of spaine, and other forraigne countries, with some other modest conjectures, at the c h. g., b.l.c. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion englands present distractions . paralleld with those of spaine , and other forraigne countries , with some other modest conjectures , at the causes of the said distempers , and their likeliest cure . written by a loyall subject to his majestie , and a true servant of the parliament , in vindication of that aspersion cast upon them , for declining his majesties royall prerogative , or seeking to confine it to limits . tempora mutantur , & nos mutamur in illis . by h. g. b. l. c. london , printed for francis wright . . doctrina parit virtvtem . englands present distractions . distractions when nationall , are diffusive , nothing escapes their violence , like sampsons foxes , they carry fire about them , and consume all before them : and for the most part they fall like hailestones , one no sooner drops , but a whole storme doe follow . these late yeares have been pregnant with distempers . germany leading this dance of death , being the greatest of the european provinces , france , the fairest of them , and spaine , the powerfullest , have since , as it were , celeri pede , followed their leaders steps . and now & hinc illae lachrymae . england the little eye of nature , the darling and delight of europe , has thrust it selfe into the same bloody matachin : wherein ( as you shall observe ) especially in those of spaine , imbroyld with the civill differences of catalonia and portugall ; they keepe one figure with ours in england , and its rebellious province ireland , being true parallels , that run even still through severall wayes : it shall be needlesse to relate the circumstances of the catalonian revolt from the spanish government ; it having been , ( as ireland to england ) an appendix for some hundred of yeeres to that large booke of arragon : the world knowes it is revolted , and that is sufficient for our purpose : not two twin cherries carrie more resemblance , then the horrid faces of the present rebellions in these two subordinate provinces . catalonia for many yeeres past , being under the government of don iohn de muscu●ena , the catalonian prefe●t there , under went with pavement shoulders , unheard of insolencies ▪ ( custome in suffering as it doth in sinning , taking away the sense of their sufferings : the austere condition of the man at which they durst not repine , making them like good dull mules , ma●ch silently without braying under their burdens : the state of ireland just under the late lord lievtenant thomas earle of strafford a man of as much severity in his vice royship there : his government ( i would be loth to brand his memory with a false imputation , because he fell under the axe of justice ) almost devolving to tyranny . and if tha● maxim in philosophy hold true , that causae judicantur ab effect●bus & é contra . certainly we may well affirme , both the catalonian and irish defections derivative from the oppressive injustice of their too tyrannous governours . catalonia immediately upon the revocation of muscurena , bleeding with the wounds of his former cruelties ; which yet for the present , if they were clos'd up had left large skarres upon their bodies , resolves to provide for their future safeties , or sell them at a deare rate , to open a conspicuous ruine , breake forth into an acknowledg'd and maintain'd rebellion . so did ireland on the earle of strafford , though perhaps the levity and malice of that nation , only sought by the specious presence of his tyranny to palliate their wicked intentions , which had destin'd them for this fatall and impious purpose , long before straffords arrivall thither : but that rebellion were not considerable to us , as catalonia's is to the spaniard , nor could the irish ( though their quarrell for their religion makes them resolutely desperate , being assured by those that guide their soules , their mutinously superstitious priests , that they atchieve the glorious condition of martyrs and confessors in their death and sufferings , resist the english powers , if england were once blest with an unity betweene it's king and people , the distractions there being so well knowne to the world , that in our very enemies ( if we had any such besides our selves , they would have invited pity : england that thus many yeares hath stood the envie of all it 's neighbours : like a fruitfull olive teeming with blessings of a constant and continued peace , while they teem'd with fire , famine , and a thousand inexplicable ruines , having now two armies of it's owne sons , violating with their hostile steps their mothers pleasant and plenteous bosome ; their active spirits , like milstones wanting other matter to imploy their motion upon , being ready to set fire upon themselves . and yet few distinctly know the reason of these so sudden and hydra●-headed confusions . in spaine , tyranny in the king at least in his officers , caused the catalonian revolt ; the same with hope of liberty that of portugall : here none can accuse the king of that blemish ( i would we could as easily acquit his cabinet councellors , nor yet condemne the people , that they have falne , or doe yet defect their obedience : and yet ( so paradoxicall is this difference , ) all is distraction , the king bent against his people , and they as naturall justice gives them priviledge , resolute to defend themselves , not against the king , he offers them no violence : but to preserve their lives , lawes , and liberties , from the rapine of his evill ministers , who ofttimes render the rule of good and gracious kings odious to their subjects , and if we may beleeve that great legislator , that second numa of the romans cicere , that these ought to be accounted good men ; qui consulta patrum qui leges & reipublicae instituta servant . sure ours here are no ill patriots of their countrey , my logicke knowing no such nicety of distinction betwixt servare and preservare , but that they may be by as direct a title admitted to march under the ensignes of goodnesse , who strive to preserve the lawes and constitution of the common-wealth , as they who onely keep them . and now without offence , if we may positively set downe , or at least-wise probably conjecture at the causes of these so lamented distractions , wee shall find ours here , and those of spaine , if not uno & eodem , yet valde simili fonte manare , to wit , the unlimited and infinitely ambitious power of the clergy . the spanish nobility and most of the ancient gentry ( though nationally and naturally that people is most superstitiously affected to their clergy , then we ever were to ours ) repining and disdaining to see these men , who but yesterday were their meniall servants , to morrow , being by their helpe andsuffrage , advanced to that supreame ecclesiasticall dignity ; demeane themselves as their equals if not superiours ; nay , sitting as it were , to use our course old english proverb , even cheeke by jowle with majesty , and swaying if not a wing that . most of the king of spaines cabinet counsellors , bating his favourite olivares , the constable and adelantado of castile , who enjoy that honour by the priviledge of their offices , being church-men , the kings and those noblemens ghostly fathers . and undoubtedly where they have so great a tye over mens minds , as the knowledge of their consciences , they must needs have a superintendent power over their actions , which are but the children of mens propensions ; so that those insolencies of mascarena , circumstantly are derivatived from the spanish clergy , they being , if not by their consent and directions committed , yet by their patronage and conivence . and is not this comparatively our condition , while the clergy were revera , not nomine , onely the ministers of the almighty , when they were boni pastores oves solum tondentes non deglubientes , what an excellent harmony was heard through this kingdome , joy and gladnesse being only in dwellings ? but when the miter grew in competition with the crowne here , when the proud and insolently presumptuous prelates began to ranke themselves with the chiefe nobility , contemne the gentry , and tyrannize over the communalty , introducing strange and impertinent , nay , superstitious cannons & ceremonies of our ancient faith , backed too by authority of such or the secular magistracy , as durst not , or at least would not contradict their proceedings , then the wisest of this nation jam proximus ardens , vtalegon : their neighbours houses being on fire , began to looke to the safety of their owne dwellings , endevouring to represse that torrent which else threatned the whole iland with a deluge . and certainly that wise and sacred senate , the illustrious high court of parliament seeke not to diminish the kings royall prerogative , descendent to him as his crowne is from his ancestors , by seeking to regulate the power of the clergy , by extirpation of bishops , though it is their constant tenent where the church is reduced to an anarchy , there is likewise the temporall power alter'd . but i durst not dispute it with any of them , that not neither is episcopacy so correlative , or consubsistent with majestie , that one cannot stand without the other , nor that the parliament ever intended to confine the royall prerogative to limits , but secure the right & prosperity of the subject from being swallowed up in that extensive power of royalty ▪ which being contiguated , if not one continuum , with the subjects safety , ought not to be imployed to his ruine . to prevent a danger , certainly is the greatest point of wisedome , and though none will imagine , our good and gracious king ever meant to put any power against his people in practise , and in his owne princely intention , yet certainly it was an honorable and conscionable justice in the parliament , being intrusted as feoffees with the kingdomes safety , to seeke to provide for futurity , lest some such king there might be heereafter , that might invert the charter of his royalty seald to him by the peoples obedient suffrage upon the people themselves . and yet this hath separated the king from his people , and given birth to these unhappy distractions : in spaine , especially in catalonia , where the king now is , hee seekes to reduce them to his obedience , by affording them his presence . all wee sue for here , is his majesties royall presence , which would suddenly give a sure and happy period to these distempers . if his highnesse desserting those few incendiaries , who by their malignant councels , and affections have instigated and fomented these dissentions would vouchsafe to comply with the universall body of his kingdome , contracted in this present parliament . and certainly in this climetricall yeere of the world , when it labours with the empidemical contagious sickness of combustions , we alone are bound to thank heaven that our disease here is not so violent , but it may be cured by time and good councell . nothing but blood , being able to extinguish the burning rayes of those flaming combustions , that like prodigious meteors predominant in other nations . catalonia nor portugall , being never to be reduc'd to the spanish obedience , but by extirpation of all those families and their adherents , who were the prime botefeus in the revolt of those provinces . and certainly if the spaniard doe goe out victorious , no misery will equall that of those vanquished wretches , upon whom and their unbappy posterity will be afflicted cruelty without pitty , by the insolent and implacable victors : tyrants shed blood for pleasure , kings for necessity : in what a happy condition then is england , even in its misfortune , being compar'd with other nations . spain being oppressed , both with french , french , dutch and turkish , forraigne enemies , and embroyld'd with domestick troubles , france is neither free from civill dissentions , nor safe from the spanish invasions , which both out of biskay and handers , and artoys infest it with frequent inroads : germany has so long beene the theatre of war and blood-shed , that it has almost worne out the race of the old swedish actors ; yet their still spring up new ones , as if that country were destin'd only for fertility of miseries ; we only , as we are in scituation , et penitus toto divisos orbe britannos , so we are in condition ; being safe from forraine enemies we have our selves unmade our own safeties like cadmus earth-borne brothers , striving to boast in one anothers destructions . populumque potentem . in sua victrici conversum viscera dextra : such is the uncertainty of all humane and worldly happinesse , which resembles aptly a fair hopefull plant , set with much care by the industrious owner : to day it buds , within a few weeks blossoms , dressing as it were ▪ its bushy beauties at the sun-beams , when suddenly comes an unexpected april frost , and nips at the root , and then it withers ; that faire and hopefull foundation of peace and happins , and for us by our ancestors , being now ready by our own hands to be sacrificed as a victima tyrannidis , yet is not our case altogether so desperate as our neighbours ; good councell having power to rectifie and reconcile our differences , force only theirs . and 't is to be hoped , at least t is all good mens wishes , that a speedy reconcilement may proceed betwixt his majesty and parliament , that the rumor of their war , may like thunder , though loud , having cleared our english ayre of it's pestilentiall vapors like it be sudden , its noyse once past , the memory of it forgotten , that this land flowing with milk and hony , may not be converted into a wildernesse , nor sit desolate like widow , who so lately appear'd a queene among the nations , the very empresse of the islands rich in her inhabitants and merchandise , that so tears may be wiped away from all mens eyes , and that we may see peace again in this our israel , that the example of unity amomg ▪ us may set a happy period to the dissention of our neighbours when they shall behold our destructions which begun last end first ; that our common mother , europe , that sometime empresse of the world ▪ now groaning under the burthen of her sons mutuall armes , may resume her ancient glories by the expulsion of that common enemy to humane nature the turke , that so true religion may extend its branches like a fruitfull vine through the face of the earth , and we sit happy under the shadow of it , which heaven in it's mercy send sp●edily to come to passe , that all the ends of the world may praise the lord ▪ finis . his majesties ansvver to the humble petition of the gentlemen, free-holders, and ministers of the countie palatine of chester delivered to his maiestie at york the seventh of may, . at the court and york may . his maiestie hath given me expresse command to give you this his answer to your petition. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) his majesties ansvver to the humble petition of the gentlemen, free-holders, and ministers of the countie palatine of chester delivered to his maiestie at york the seventh of may, . at the court and york may . his maiestie hath given me expresse command to give you this his answer to your petition. england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) printed for john sweeting, london : . the king sees that the county .. have not heard his answer to the parliament's petition. .. suggests that they petition parliament to do him justice, .. -- steele. reproduction of the original in the british library. eng prerogative, royal -- great britain -- early works to . ireland -- history -- - -- early works to . chester (england) -- history -- th century -- sources great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no his majesties ansvver to the humble petition of the gentlemen, free-holders, and ministers of the countie palatine of chester, delivered to england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties ansvver to the humble petition of the gentlemen , free-holders , and ministers of the countie palatine of chester , delivered to his maiestie at york the seventh of may , . at the court at york may . his maiestie hath given me expresse command to give you this his answer to your petition . that he sees plainly that this petition of yours hath been framed without having heard the answer his majestie gave to his parliament , upon their petition to him for desisting from his iourney into ireland ; for he cannot thinke that that countrey ( from whence he hath received formerly so good expressions of their loyall intentions , by two former petitions presented long since to him and the parliament ) would have been so much mistaken , as to have made this petition , after they had seen and well considered his majesties said answer . and his majestie observes very well , that this petition is not like others , which by an untimely zeal , have desired him to return to his parliament ; you onely desiring him there to reside , where with more conveniency and security he may consult with his great councell , then by going into ireland : his majestie being confident , that your well weighing of his answers concerning that subject , hath been the cause that you have not imitated some few other countreys in that particular ; and that you have well considered the rebellious affront offered to him at hull , by a hostile opposition of his entrance ; and therefore beleeves that the same reason which made you , at this time expresse your tender care of his person , and the former good expressions you made of your loyalty and right-set affections to the good of the whole kingdom , may sooner induce you to petition the parliament to apply themselves to a right understanding of his majesties wayes and intentions , and to do him iustice for that affront , then make you to preferre any such ill-grounded petition . and that you may be the better informed of his majesties proceedings in those particulars ; he recommends to your view and consideration , his answers to the declaration presented to him at new-market , to the petition presented to him at york the of march last , concerning his journey into ireland , his two messages and declaration concerning hull ; all which , when it shall be fully represented to the rest of your county , he doubts not but that you will rest very well satisfied of his constant resolution for the maintaining of , and governing you by the law of the land , his unmoveable resolutions for the maintenance and defence of the true protestant profession , and the suppression and chastising of the barbarous irish rebellion , as for your apprehensions of danger of being left naked , and not put into a posture of defence , his majestie assures you , that he will take care that it shall be done in the true old legall way which hath been used in this kingdom , without bringing in strangers to govern you , or admitting new and exorbitant powers , derogating both from his majesties undoubted legall authority , and the liberty of the subject , which , as he hath constantly denied , so he expects , and no wayes doubts , but that you will give obedience to that , and that onely , which shall proceed from his majesty in a legall way . subscribed by m. secretary nicholas . london , printed for john sweeting , . investigatio jurium antiquorum et rationalium regni, sive, monarchiae angliae in magnis suis conciliis seu parliamentis. the first tome et regiminis cum lisden in suis principiis optimi, or, a vindication of the government of the kingdom of england under our kings and monarchs, appointed by god, from the opinion and claim of those that without any warrant or ground of law or right reason, the laws of god and man, nature and nations, the records, annals and histories of the kingdom, would have it to be originally derived from the people, or the king to be co-ordinate with his houses of peers and commons in parliament / per fabianum philipps. philipps, fabian, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) investigatio jurium antiquorum et rationalium regni, sive, monarchiae angliae in magnis suis conciliis seu parliamentis. the first tome et regiminis cum lisden in suis principiis optimi, or, a vindication of the government of the kingdom of england under our kings and monarchs, appointed by god, from the opinion and claim of those that without any warrant or ground of law or right reason, the laws of god and man, nature and nations, the records, annals and histories of the kingdom, would have it to be originally derived from the people, or the king to be co-ordinate with his houses of peers and commons in parliament / per fabianum philipps. philipps, fabian, - . [ ], [i.e. ] p. printed for the author and are to be sold by charles brome, london : . reproduction of original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual 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record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng divine right of kings. prerogative, royal -- great britain. great britain -- kings and rulers. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion investigatio jurium antiquorum , et rationalium regni , sive monarchiae angliae , in magnis suis conciliis , seu parliamentis : et regiminis , cum iisdem in suis principiis , optimi . or , a vindication of the government of the kingdom of england under our kings and monarchs , appointed by god , from the opinion and claim of those , that without any warrant or ground of law or right reason , the laws of god and man , nature and nations , the records , annals and histories of the kingdom , would have it to be originally derived from the people , or the king to be co-ordinate with his houses of peers and commons in parliament . per fabianum philipps j. c. socium medii templi , london . jerom. c. . v. . state super vias antiquas & inquirite veritatem . the first tome . london , printed for the author , and are to be sold by charles broome at the gun in st. paul's church-yard . . virtute et fide robert harley of bramton castle in the county of hereford esqr. to the sacred majesty of james the second , king of great brittain , france and ireland , defender of the faith , &c. dread soveraign , when the oaths of allegeance and supremacy ( the greatest tyes and obligations that can be imposed upon the generations of mankind ) have so little prevailed , as that the giddy and mad-headed multitude , prone to all wickedness , and evil examples , have under an hypocritical pretence of holiness ; and reformation of that which was good , and needed it not , introduced an abundance of unclean spirits , and brought forth that which was altogether like their tutors and masters of impiety , and with great impudence , pertinacity , secret and subtil contrivances after his late majesties happy restauration , continued their machinations and rebellious principles until his death , who notwithstanding his great clemency , and many plots discovered by gods mercy , by the continual vigilancy of his guards with all the care that could be taken , was for a long time hardly preserved from assassination , which villanies and dangers consorted so well with their ambitions , and envies , rapines , plunderings , sequestrations , decimations , and pillaging of three kingdoms , especially of england , besides the sad accompt to be made of the massacre in ireland , destruction of many thousands in england with their families and estates , in the defence of your majesties blessed father the martyr , with that horrid , & ever to be abhorred addition of his murther , and the long continued miseries , calamities and troubles , put upon their late soveraign your royal brother , & your majesty , and the rest of the royal ●rogeny , as they , or too many of them , or their seditious and rebellious party , may not improbably an thought only to watch or enforce an opportunity of playing the same , or a worse game of rebellion over again , and if they can , to a more impious advantage , bed plant a soveraignty inherent in the people , whom they intend to govern as arbitrarily and wickedly as they had done before , which a lamentable many years experience hath taught the people to believe it to be abundantly tyrannical and slavish enough to those that were made so unhappy as to endure and experiment it , which to prevent , is , and should be certainly the duty of every good subject and i over of his king and countrey . in order wherunto , having made my observations and remarks , from the commencement of the grandest rebellion that ever troubled and harassed england , in the years , . until his present year of the lord , now the year and an half of my yet ( deo gratias ) vividae senectutis , many years before for the most part written , and as well digested as many disturbances , and worldly troubles would permit , which could notwithstanding never alienate or withdraw my mind from those my first enquiries or observations ; and my careful , and i hope , industrious and impartial recherches into the original and true power of parliaments , will shew how the incroachments of a miselected house of commons therein , have since the raigns of qu. elizabeth and k. james , made it their principal and only business by petions , ingrateful lurches , and artifices and catching advantages of our kings & princes , necessarily enforced want of money , for the defence of themselves and their people , to undermine and bring into an anarchy , or insulting poliarchy , this your heretofore more flourishing monarchy , strongly built and founded upon the feudal laws , derived unto your majesty by and from your royal ancestors and predecessors , from the brittish , german , saxon , danish and normans feudal laws and customs , the best establishers and supports of a truly ( not counterfeit ) monarchick regal government , and doubt not but that my labours and travel therein , with what other light and confirmations may be justly added by such as will well weigh and consider it , may truly manifest and prove the same , and without the suspicion of an over-credulity , well believe that the reverend judges and sages of the law ( whom our kings have commanded and ordained to be greatly reverenced , administring justice under you to your people , many of whom , and the professors of the law , pleading before them , were only educated , and practised as lawyers in the time of the late misguided parliament , ) might have been easily mis-led by the minores gentium , the lawyers and officers pleading or practising in the courts of justice , by rejecting the councel of the prophet jeremiah , stare super vias antiquas & inquirere veritatem , which his lamentations after their destruction , might have taught them after sooner to have believed , and not to have the original of your majesties government , to be as inscrutable as that of the river nile , or to forget their common parent or original , as in many things to make or render our laws to have no resemblance thereof , but to be quite contrary thereunto , or as some children , in the stories or tales of easily believing old women changed in their cradles ; all which should put every good subject in mind neither to be ignorant of your rights , or negligent in the maintenance of them , it being of no small concernment to your people , to preserve yours with as much care as their own , being comprehended therein , and when he shall hear the ship wherein his king is , strugling with the rage and fury of the winds and seas , and every minute like to be destroyed and swallowed up , ought to make hast tenui sua cymba , and do all he can to relieve and preserve him , of what judgment and disposition soever he be , though not at all under those great obligations , of the oaths of allegeance and supremacy , and of the bonds of gratitude , must exuere humanitatem , that will not endeavour to rescue him , and in these my feeble , but true hearted endeavours , found those that instead of saving the ship , were only careful to sacrifice to their own designs , and divert and steer her from the right port of monarchy , whilst they laboured all they could to save her by bringing her only into the curses rather than blessings of an anarchy or knavish self-enriching poliarchy , and ruine all those that really and heartily wishout any other ends than that of duty and endless loyalty , came to help her ; and not by so many plots and conspacies against your government and monarchy , and the lives of your majesty and royal brother , give a far greater disturbance thereunto than the unhappy severely punished corah , dathan , and abiram did to the government of moses and aaron , who did but only murmure against them , saying , ye do take too much upon you , but did not plot or contrive treasons , conspiracies or rebellions against , or to assassinate or murder them ; from all which disturbances and troubles , that god will be pleased whilst you are on earth , enjoying a happy life amongst an unquiet ( as unto too many of them ) never to be contented people to free your majesty , your heirs and successors shall ( as it hath ever been ) be the prayers of your majesties always constant and obedient subject fabian philipps . the preface to the readers . they that have read and duly considered , though but with an ordinary compassion and sense of humanity , the dismal effects of wars , rebellions and discords in kingdoms and republicks , and the little gain more than a sacrifice to the devil , and the ambition , revenge , self-interest , and the ruine of kingdoms , commonwealths , families and estates , might , if there had been no other evidence , have clearly and lamentably seen it in those once very famous republicks of athens and sparta in the peleponesian wars , ingaging most of the little republicks of achaia to run the adventure with them , and did in the conclusion bring them all together under the tyranny of the ottoman empire ; in those also of the merciless proscriptions of sylla and marius at rome , and the bloody pharsalian fields or battels fought betwixt julius caesar and pompey , too nearly allied to have made such a quarrel or bustle to disturb so great a part of the world for empire : that of the guelphes and gibelines happening near about the time of our king john , when the pope so domineered over him , as he constrained him to do homage unto him for england and ireland , and pay him a then great yearly tribute ; that of our two great contending families in england , york and lancaster , under the several badges or liveries , of the white rose & the red , to the destruction of many of the nobility and gentry taking their several parties , that of the german wars betwixt the duke of saxony and the emperour charles the th , that of the sicilian vespers , that of the king of spain and the netherlands or united provinces of the holy league in france , and the cruel massacre of so many thousand protestants in ireland , and that our incomparable late rebellion of all the rebellions the devil had ever abused and cheated a nation withal , the most hypocritical , horrid and abominable , and the just care that every pious and good man ought to have of his king and oaths of allegeance and supremacy , and the blessings of god to attend his posterity , might cause them to make as much hast as the dumb son of king craesus did to save the life of the king , and therein prevent the ruine of his countrey . and therefore i may hope that a minimus apostolorum , one of the least professors of the law , though of an ancient standing , may be permitted without the reproach of arrogance or scribling quiddities or impertinences , or troubling the world with the idea's of plato , aristotle , solon , licurgus or the unquiet commonwealth of rome , until they were after the experiments of divers sorts of governments constrained to be more quiet and content with that of the empire and monarchy or theocracy ordained by god , be permitted to lay or bring before the reverend judges and sages of the laws of england , and the professors and students of the laws therein , what may be found in the records , annals , and approved authors and historians concerning the ancient feudal and monarchick government thereof , without any additions , omissions , wtested interpretations , forgeries , impostures , or the fond and often abused credulity of monkish and feigned lying manuscripts , & may incite others to approve and like better of it than they have done , that have to the hazard of their estates in this world and the world to come , done all that they could to pull in pieces that ancient government upon which all our laws , reasonable customs and constitutions with remedies for publick grievances have been built and founded , which sir edward coke hath ( before the dissolution of our tenures in capite , the ligaments of the crown of england , and the nerves , sinews and strengths thereof , when he was better pleased with his soveraign ) not unjustly called the quintessence of all laws , expended very near l. sterling in my labours and travails therein , and other matters concerning the government without any penny profit or recompence either from or by the stationers , or any others more than an employment as deputy comptroller of the law tax , wherein i endeavoured all i could to serve his late majesty and the farmers thereof , and may hope it was acceptable when his majesty not long before his departure out of this world , was by his principal secretary of state sir leoline ienkins knight , graciously pleased to declare that he had a particular regard for me , and was sensible of the many services which i had done unto the crown , which in the greatest of truth , humility and modesty , i might have said was done by me one of the smaller sort of the atoms in his kingdoms as an oblation of duty , when besides my no small loss and damage in the late horrid rebellion i did adventure with the late learned george bate dr. of physick , and mr. nicholas odeart sometimes secretary to sir edward nicholas principal secretary to the murthered king , did , when the rebels had refused to allow him in his own defence the assistance of his own or any other councel learned in the law , at that they falsly called his tryal , & when the intercession of the french and dutch embassadors , the scots their rebel partner commissioners , and some of the london factious ministers could not prevail to rescue his sacred life , did with great danger and hazard of our lives and estates cause a small paper of advice to be secretly delivered unto him not to acknowledge any jurisdiction to be in their highly wicked misnamed court of justice , never before heard of or made use of in england or in any other nation of the world. and i did also after that wicked of wickedest sentence of death pronounced against my soveraign , write and cause to be printed and affixed upon the posts and publick places , in or about the cities of london and westminster a protestation in the name of all the loyal people of england against that most abominable sentence , and did within a short time after print and publish a book in justification and defence of him , and the first as i believe that in print justly stiled him a martyr for his people , with some assurance to my self , that our seri nepotes some others hereafter walking recto tramite in the like search and path of truth as i have done , might add more assistance thereunto , and may be permitted to say , as st. paul in another case did of himself , that if i have had in so long an age and perambulation of time any acquaintance or conversation at all with my self , mine own heart and actions , which many that have known me so long in my various careful and sorrowful passages of life ( occasioned by many the ingratitudes and ill dealings of some great families and others that should have dealt better with me in ) may testify my always constant and adventurous loyalty to my soveraigns , without any the least fainting or haesitation , will or may believe that i have neither lied or sought for preferment , or any thing that could look otherwise than the sincerity of my heart , and an unshaken and unbiassed love to truth and loyalty to my king and countrey . and can truly say and aver with many witnesses to confirm it , that my long observations ever since the year . until now , compleating almost full years of the said persecutions , disloyalties , misusages , and sufferings of king charles the martyr in order and design to his murder , and the many plots afterwards intended against his late royal majesty , king charles the second , and his now sacred majesty , and my researches into the records and antiquities of this and other nations concerning the just rights and praerogatives of our kings and princes , for the publick good , and the avoiding the manifold miseries and damage that attend the witchcraft and madness of rebellion , and to the end that i might recal into the right way of truth those very many noble , learned , grave and pious men , that perfectly hated rebellion and yet by fear or force going along with the tide to secure themselves and estates as well as they could , and with the vulgus and rabble that had cut the reformed church of england into no less than sects or new fashioned religions , and so far strayed from their mother the reformed church of england , as they ran out of their wits as much as their religion , so that they could not stop themselves in that their mad career until they came to an opinion that it was religion to be rebellious , and that rebellion or sedition for any thing called religion was , or at least ought to be warrantable by some or other word of god , when by his new light they should be enabled to discover it , hath given me , like old barzillai , no quiet until i had done my duty unto god , my king and my countrey and posterity , and brought what help i could unto our much injured and persecuted david , in these now published truths , wherein i have as carefully as i could without the purchase of other mens writings or manuscripts at auctions , as too many our lurching , yet learned enough authors have done , weighed all particulars in the ballance of truth , law and right reason , and without any opiniatrete have left my self to the judicious throughly impartial readers and tryers of those my carefully considered labours , wherein i shall be willing to rectify and submit to any truths , when justly and rationally proved , and be ashamed in the least to imitate those impudent contrariants of truth and right reason our laws , annals and records , who although in their books and writings against our ever maintainable truths , whilst they are in the acting and perpetrating the greatest injuries imaginable unto them , can offer to forsake their evil impostures , grounded fancies and opinions , yet can after they have been publickly examined , tryed and convicted of several gross impostures and falsifications by the undeniable evidence of the records themselves , which they cited and referred themselves unto , not like to those better men of confessions and retractations , but being unwilling it seems either to perform their promises to their readers , or imitate the more honest examples of better men , have thought it to be more correspondent unto their evil designs not to discourage their disciples to persist in their egregious falshoods , and unlearned , foolish , reasonless , senseless and inconsequential arguments , because they have wickedly made it their interest and business to advocate the devils cause by his and their evil methods and impostures . and may find that they have by a factious and seditious ignorance , and over-bold adventure enticed many good men and lawyers out of the paths of truth into an horrid confusion and rebellion , for which they may suffer in the next world , unless they can furnish their gross mistakes with some invisible or misinterpreted record that every man may fancy , and frame a new and better government of the kingdom , and carve and make his own religion , and idocize and propagate their own vain imaginations and selflreated ignorant fancies instead of laws and records . and should do better to stand and consider that the advice of the prophet jeremy , that should not be thought to have spoken vain , untrue or foolish councel , to stand upon the old ways and enquire after the ways of truth , was not to do what you can to blind or sophisticate truth , put her into disguises , and transform her into as many shapes as may consort with the ugly designs of faction and rebellion , and call to mind better than they do how diffusive and infectious the sin of rebellion is , that every of our evil examples . doctrines or perswasions tending thereunto , such an evil especially as sedition or rebellion , are by god chargeable also upon their accompt . and that at the great audit before an all knowing god there will be a multitude of consequential evils besides their own particular sins , which may be enough charged upon them , when it will be too late to say one unto another as st. paul did to his innovators , o ye foolish galathians , who hath bewitched you ? and amongst those many motives and obligations of duty and loyalty , oaths of allegeance and supremacy to my soveraign , and compassion unto those multitudes that have erred and gone astray , to the end that i might give an accompt of the trust reposed in me particularly , and solely by his late majesty , under his sign manual , bearing date the th day of september , in the th year of his raign , with full power and authority to search and take copies of all or any might be found concerning his royal rights , which was seconded by an order of the right honourable arthur earl of anglesey then lord privy seal , mr. henry coventry , and sir joseph williamson , his then secretaries of state , and sir george carteret being all of his majesties privy council , who did by their order dated the d. of july . direct and authorize sir william dugdale , since garter king at arms , elias asbmole esquire , and my self in pursuance of his majesties order dated the . of february . authorizing the aforesaid lords of his councel , to examine the state and condition of the records in the tower of london , and consider what is wanting and necessary to be done for the prefervation thereof , authorizing us to examine the present state and condition of the said records , and peruse as well the orders for regulating of the orders of the keepers of the said office of records , as the orders made by sir algernon may , keeper of the said records the first day of december then last past , and to consider what additions and allowances they shall judge fit to be made , either in the said orders or queries , or what otherwise occurs to them fit to be offered for the better ordering , methodizing , preservation and safe keeping of the said records , and that they make report thereof unto us with all convenient speed , and their opinion what is necessary to be done in order to the attaining the ends asoresaid , in obedience whereunto sir william dugdale and i have not only made a certificate and report unto their lordships what we had done under our hands , but afterwards at the aforesaid office of the records , have given a meeting to some that were appointed by their lordships , and after that in the absence and sickness of the said sir william dugdale , by the command of the said earl of anglesey , i did attend his lordship and the lord chancellor , and divers of the said lords of his late majesties privy-councel , to the said office of records in the tower of london , those scrinia sacra publicae tabulae which our great selden faith is a religio to preserve , and the commons in parliament in the year of the raign of king edward the d petitioned to have a free access unto , because they contain the peoples evidence , and might also have said their kings and princes rights and power to protect them , and therefore to have them well looked unto and preserved , must needs be an universal concernment both unto our kings and their people , and though here in england , in the time of our long and factious parliament rebellions and miseries , when i first began to search into the original of our before happy government and continuance of our laws , peace and plenty , and the excellent frame and constitution of our government founded upon no other than the feudal laws , which , unto any that will take the pains to peruse and examine them , will make it easily appear , that our brittish , saxon , danish , and norman laws , and those of all our succeeding kings and princes , and the process , proceedings , maxims , rules and methods in and through all the parts thereof , have until our late unfortunate , factious and seditious times , and parliament rebellion ( the tricks of attorneys , unskilful clerks , and subordinate and corrupt officers , since those times of unhappiness only excepted ) had no other source or fountain ; and that the civil and caesarean laws being long ago accompted to be the universal reason of the world , are and have been in their patroni and clientes near allied to our feudal laws , whereof the learned craguis wrote his book de feudis in the year . applicable to his own countrey of scotland , where they yet remain , notwithstanding our unthrifty exchange of the nerves and ligaments of our kings crown and dignity , for an excise upon ale , beer and syder , would not permit me to stand still and let my king and country be destroyed by suffering our feudal laws , the basis and foundation of our government , to be drencht or washt in the river lethe , or lake of oblivion , or the wild boars and foxes to destroy and lay wast , and cause our once flourishing kingdom under the guard and protection of those laws , to be more transformed and abused than many of the sacred laws of god , given to his once beloved people of the jews have been by their masorites , when they had a better excuse and apology to make by their captivity of seventy years in babylon , until they had forgotten the language in which their laws were written , than our gentlemen of innovation or reformation , as it hath been nicknamed or miscalled of good into bad , or better into worse for their own only advantage here upon earth , happen what will when they shall be able to attain unto or provide for themselves . and in these my labours and impartial observations , with no little danger and sorrow to see my king and countrey so ill used , have been as tender as the res acta , or matters related or inquired into , would permit without praeprejudice or hurt unto the truth , or my loyalty unto my soveraign , with all due reverence unto the judges , many or the most of whom , when the fire of that rebellion which had lain kindling and smoaking in its embrio's in the years , , , and . began every where almost discernably to flame , and be very apparent and visible , were either then in prima lanugine , or had but scarcely saluted the ostia or limina legum , stept over the treshold or door of it , as the vulgar term it , and intend as i have never failed to do , not only to do , but write and speak of them with all reverence becoming me , and all others according to the reason and rule which the great and prudent prince king edward the first ordained , when he declared in these words , et quia sunt honor & reverentia quae ministris ipsius regis ratione officii sui fiant ipsi regi attribuuntur , sic dedecus ministris suis eidem domino regi infertur , and in my relations concerning that high and very honourable , very useful and profitable for the weal publick houses of parliament no man should think or speak dishonourably so long as they permit parliaments to be what parliaments , according to their right use and institution were , nor ought to be no more than colloquium or commune concilium , as may be further evidenced by that great princes severe punishment of that great baron william de breause for contumelious words spoken to a judge . and king edward the d had such a care of his justices and their authority , as he punished severely the bayliffs of ipswich by the loss of their places , caused their staves of office to be broken in the court of kings bench , and their liberties to be seised and forfeited because they had suffered an unruly multitude to feast and revel with certain malefactors , who had been there condemned by the justices of assise , and after their departure made a kind of mockgame or interlude to be acted upon the tribunal , where the judges had sitten , and in mockery fined and amerced the justices and their clerks . and for that i would willingly be , as much as i could , instrumental to recal a factious , seditious and rebellious party out of their errours , that they may neither persist therein themselves , or by erecting schools of rebellion magnify and think themselves to be no small persons in the propagation thereof , and in those my travails not having the help as the learned dr. brady hath had of the publick libraries of the university and collegiate libraries of the university of cambridge , but of such assistance as his majesties and the publick records of the kingdom , unto which for more than years i have been no stranger , and my own private library could afford me , wherein i cannot be without hope but something considerable may appear in my labours that do not in his , but walking together in the inquiries after our fundamental laws have not contradicted , but concurred with each other in the rescue and discovery of the truth of our ancient and excellent government , and that which i have done might have been more exact if i had not by the no small disturbances of my own affairs and the common falshoods and delays of most of the printers been greatly hindred , so as i was in some part thereof to endure the disadvantage of writing as the printing press went , and therein also could not escape several discouragements , and can , as livy that grand historian of the roman empire hath truly said of his enterprise , that it was res magna & ardua , with great sincerity say with the learned bracton , perpetuae memoriae commendium postulans a lectore ut diligenter legat & bene consideret , & si quid super fluum aut perperam in hac opere invenerit illud corrigat aut emendet cum omnia habere in memoria ; et in nullo peccare divinum sit potuis quam humanum . and with the learned dr. barlow bishop of lincoln to the like purpose as unto what he wrote against the church of rome , that if he had miscited or quoted , added or omitted any thing or matter willingly against the truth , ( errors of misinterpretation or definition and of the printers only excepted ) i shall be willing to reform any humane frailties or frrors of that kind that shall so appear unto any considerate impartial reader that do not read it here and there a little , runing over as the irish do their bogs , or as some others do after dinner and in afternoons nap or slumber , or by indexes , so as i may not prejudice that grand truth concerning the just rights of the imperial crown of england , and the doctrine of the reformed church of england against all the engines of rebellion , falsities , cavillations and impostures that have been made use of against it and all their loyal and learned propugnators that have done so worthily in our israel to defend them . wherein if any shall object and think i have been too copious , and fewer words and more labour might have been spared , they that have been conversant with books or the learned , or be themselves learned , should know that a little may be enough to some when a great deal will not be so for others , especially where the arch enemy of mankind hath sown and planted weeds , such as henbane and night shade in our g 〈…〉 dens amongst our wholsom herbs and flowers , the lillies of the vallies , and the roses of sha●on , which will require much time and labour , and more than a few words to eradicate or pull them up , or a few most clear demonstrations to a numerous party , the more is the pity , that for the space of almost fifty years last past have been strangely effascinated and infatuated , and yet like well of it , because they have enriched themselves by turning religion into rebellion , and rebellion into a part of that which never was any part of religion , extravagant religion is now made liberty , and liberty and religion too much turned into rebellion . and our laws and long approved good monarchick government , having by a seditious party of rebels abusing the right power and use of parliaments diverted our antient , just and true laws out of their proper course and channel wherein they had blessed both our kings and their people , i am not unlike to escape the rash or envious censure of some that either have not read throughly as they ought , or misread , or not understood our genuine , proper and true laws , therefore should be content with the duty of those that have made it their endeavour either to vindicate the rights of their king , or relieve a too much neglected unvalued truth , and be as much blamed as the bishop elect of winchester was in the time of the troubles and imprisonment of king henry the d. by some of his overgrown nobility , when they wrote unto the pope as bitterly as they could against him for maintaining the justice of his kings cause , and when it may be heard of or read by some of our long missed lawyers that have for almost years been suckled or nursed up in a contrary practice , may take it to be a bet ter way , and more agreeable to their genuine , at least to their profit and humor of the present times to do as demetrius the silver smith did unto st. pauls doctrine , rather cavil and say something against it to no purpose then any thing concerning truth or cogent arguments yet it must be adventured with a melioraspero , and that the errors and mistakes of too many of our men of law , and others may no longer as it were successively afflict our nation , that the subjects may learn , understand and practise the duty of allegeance and supremacy , and not be so much out of their w●es as to believe that there ever was a treason committed by a king or emperour against their people , or that the members of the house of commons in 〈◊〉 proceeding beyond their limits , and the king 〈◊〉 ●oples commission , ought to be accompted the reasion of the people , but that so many advocates and lawyers as england is and hath been abundantly replenished with , should rather make it their business strongly upon all occasions to defend their ●ings rights , which every man would expect of his stipended lawyer , as the advocates of other kingdoms never failed to do . or can any man adventure to say or think , that the all-knowing never-erring god did not intend to keep his word , but made one vicegerent after that he had made , or promised it unto another , or ever made the common people his vicegerent , or any king , or prince subject to their ignorances , mutabilities and passions to be arraigned and murdered when they pleased at the suit of the people for treason committed against them , or if any nation , record or history did or could ever furnish out such an example , when the murder of our prince did so stink , and was more than ordinarily abhorred and detestable , as besides many learned men in forreign parts , publickly writing and declaiming against it the czars or czar of that great empire of russia or moscovia were so sensible of it , as he banished and seized many of the english merchants , and their goods and effects to the ruin of many of them , for no other cause than that as he said they had been traytors unto their king , and had murdered him , though they were then men of great loyalty , and were not then resident in england , and see , and read milton over much learned in the school of his master the devil , and our infatuated regicides publishing in print in our own and some forreign nations , a never to be believed or proved justification of the murder of their most pious prince , sub forma & sigura judicii , and no english men , but the learned and loyal dr george bate and my self with our names subscribed , and another without publickly vindicated his worth and innocency , and not a lawyer , or man of the militia togata could find either a conscience or care calamum e●igere to defend the honour of their king and countrey , when they were bound by their oaths of allegeance and supremacy not to have omitted it , when as advocati they should as linwood hath told them in the case of an ordinary client , tanquam athletae in campo justitio pugnare , & not stand still & hearall our neighbour christians speak of such a villainous murder with horror and detestation , and the learned zeiglerus a forreigner besides salmasius , who had never taken our oath of allegeance and supremacy , have publickly declared against , it . and do hope that our learned lawyers of england who were not before our now almost fifty years parliamentary rebellion willing to be outdone or believed to be less learned in omni scibili , or matter of learning in the laws of their own or other nations , ( witness our great selden and many others ) will not suffer our laws which want nothing to illustrate their very antient original , to be so lost and eclipsed , as there will be nothing of our fundamental laws left to furnish their practice in the temples and courts of justice , than such fragments as the attorneys seminaries shall be pleased to furnish them withal when they have squeezed the profit into their own advantages of all manner of champerties and ambodextryes , by clipping our venerable , just and antient laws into such parcels as may seem most for their wicked and reasonless advantages , and should be more than praemunired , and not to be reckoned much less peccant than the clippers of caesars coin or image , or false forreign coin introduced into the kingdom , in their daring to attempt to vitiate or violate their kings laws , and suffer milton that understood no more of our laws of england , than that which he had purposely metamorphosed to delude a silly part of the people , or rabsheka it , defie● the host of israel ; and john goodwin a factious minister with his flambeau or torch in the pulpit , to intice all that could be so mad as to believe them , that king charles the martyr was justly accused , condemned and beheaded at the suit of a few infatuated rebels , and so many men of the long robe not have loyalty , care or conscience enough to hasten to the brook to find some stones to sling at , and convince those or any of their goliahs , or hear a judge deservedly displaced by his late majesty king charles the d . declare in the court of kings bench , tell not us of old records and antiquities , but of the law or practice in or since . and a bencher of an inns of court perswades himself that he had hit the mark , when he had said that antiquities were no more to be valued than old iron picked up out of the channel in london streets , and sold for a penny in the pound . and mr. milton that would have all men have a liberty to be divorced from their wives as much as himself was from true learning and reason , having done all and more than he could to blast and disparage that most excellent pious prince king charles the martyr , and make his ever to be accursed murder to be according to the laws of england , could not forbear persecuting his manes , whilst he magnified the populum anglicanum , when all men had abhorred it , and bedingfield and chresheld had voluntarily laid down their commissions , and forsook their offices and places of judges , and the greatest rebellion did ride in its triumphant chair , shall the gentlemen of the long robe , who might be very able to do , and should be well acquainted with all manner of learning , be so little concerned in it as to leave two doctors of physick to do what they could themselves , for there were a lion in the way , whilst mr. milton cryed out as tully in another case , o fortunate nate me consulo roma . and it would be a pity that so many learned people in england , of several conditions , should not rightly understand the constitutions and government thereof , but be so much mistaken as to believe they are honest and loyal enough if they can but get what they can from their king , and sacrifice it to their humours , when the fear of god , and right understanding of our laws may teach us , that our oaths of allegeance and supremacy do signifie much more than the ordinary oaths of the smaller sort of the common people , who have as little wit as estate , and a great deal less of religion , and that our laws from age to age have resided in our kings , who have always been accompted to be tanquam lex viva . could there be so great a thirst after learning and honour , and esteem for it gained , could the queen of sheba travel so far to hear the wisdom of solomon , and pythagoras to hear plato , philip of macedon give his gods thanks that he had found out such a tutor as aristotle for his son alexander ? have men of learning , and richer souls than ordinary been invited and gladly welcomed into other cities and countries , as our king alfred did asser menevensis , edward the first , accursius , and our king james the first , the generally learned causabon , peter du moulin , and gerardus vossius ; and believed it to be a great part of their honour and glory to be the incouragers of learning and vertue ? tacitus saith , that amongst the romans , the sons of nobility did dare operam studiis liberalibus ; the emperor valence appointed for the publick library at constantinople seven antiquaries to look after the books , four for the greek , and three for the latine who were to have a publick allowance ; and must we that may stand upon our fore-fathers shoulders , and may with great ease do rather greater than lesser matters not be ashamed to be children of yesterday , when they that have arrived but unto a small parcel of learning , must in spight of their teeth acknowledge that experience is commonly upon earth one of the most trustiest guides , and neglected the mistress of fools when posterior dies should never fail to be discipulus prioris , and it can portend no less than a sad fatality , and ruin to a nation to have learning put under no better a character than that of a fop , or a grave thinking coxcomb , when a knave , though a fool , is believed to be a man of parts and ingenuity , and an honest man , a simple fellow , or an ass fit only to be bang'd or rid upon , and whilst we mourn and lament with the prophet jeremiah , the forecasted ruin of our jerusalem , and with our long ago gildas the excidium britanniae , should cease to pour contempt upon our kings and princes , and not cause them to wander in the wilderness where there is no way , but offer up our daily prayers unto god to send help to our jacob in all his many difficulties . elenchus capitum , or , the contents of the sections or chapters . § . . that our kings of england in their voluntary summoning to their great councils and parliaments some of the more , wise , noble and better part of their subjects , to give their advice and consent in matters touching the publick good and extraordinary concernment , did not thereby create or by any assent , express or tacite give unto them an authority , coordination equality or share in the legislative power , or were elected by them . page § . . of the indignities , troubles and necessities which were put upon king john in the enforcing of his charters , by the pope , and his then domineering clergy of england joyned with the disobedience and rebellion of some of the barons encouraged and assisted by them . p. § . . of the succeeding iealousies , animosities , troubles and contests , betwixt king john and his over-jealous barons , after the granting of his charters and his other transactions and agreements with them at their tumultuous meeting at running mede , with the ill usages which he had before received of them during all the time of his raign . p. § . . the many affronts , insolencies and ill usages suffered by king henry . until the granting of his magna charta , & charta de foresta . p. § . . of the continued unhappy jealousies , troubles and discords betwixt the discontented and ambitious barons , and king henry . after the granting of his magna charta , & charta de foresta . p. . § . . that the exceptions mentioned in the king of france's award of the charter granted by king john could not invalidate the whole award or justify the provisions made at oxford , which was the principal matter referred unto him . p. § . . of the evil actions and proceedings of symon de montfort and his rebellious partners in the name of the king , whilst they kept him and his son prince edward , and divers of the loyal nobility prisoners , from the th of may in the th year of his raign until his and their delivery by the more fortunate battle at evesham , the ●th day of august in the th year of his tormented raign . p. § . . of the actions of the prince after his escape , his success at the battle of evesham , release of the king his father , and restoring him to his rights . p. § . . of the proceedings of king henry . after his release and restauration until his death . p. § . . that these new contrived writs of summons made by undue means upon such a disturbed occasion , could neither obtain a proper or quiet sitting in parliament , or the pretended ends and purposes of the framers thereof , and that such an hasty and undigested constitution could never be intended to erect a third estate in the kingdom equal in power with the king and his great councel , the house of peers or consistent with the pretended conservatorships , or to be coordinate with the king and his great councel of peers , or to be a curb to any of them , or themselves , or upon any other design than to procure some money to wade through that their dangerous success . p. § . . of the great power , authority , command and influence which the praelates , barons and nobility of england had in or about the th year of the raign of king henry . when he was a prisoner to symon montfort ●d these writs of election of some of the commons to parliament were first devised and sent to summon them . and the great power and estate which they afterwards had to create and contain an influence upon them . p. § . . that the aforesaid writ of summons made in that kings name to elect a certain number of knights , citizens , and burgesses & the probos homines , good & honest men , or barons of the cinque ports to appear for , or represent some part of the commons of england in parliament , being enforced from king henry . in the th and th year of his raign when he was a prisoner to symon de montfort earl of leicester , and under the power of him and his party of rebellious barons , was never before used in any wittenagemots mikel-gemots or great councels of our kings or princes of england p. § . . that the majores barones regni , and spiritual and temporal lords with their assistants , were until the th year of the raign of king henry . and the constrained writs issued out for the election of knights citizens and burgesses whilst he was a prisoner in the camp or army of his rebellious subjects , the only great councels of our kngs. p. § . . that these enforced writs of summons to the lords spiritual and temporal , accompanied with that then newly devised engine or writ to elect knights , citizens and burgesses to be present in parliament , were not in the usual and accustomed form , for the summoning the lords spiritual and temporal to the parliament . p. § . . that the majores barones , or better sort of the tenants in capite , iustly and legally by some of our ancient kings and princes , but not by any positive law that of the enforced charter from king john at running mede , being not accounted to be such a law ) were distinguished and separated from the minores or lesser sort of the tenants in capite . p. § . . that the general councels or courts mentioned before the rebellious meeting of some of the english baronage , and the constraint put upon king john at running mede , or before the th of henry . were not the magna consilia , or generale consilium , colloquium , or communia consilia , now called parliaments , ( wherein some of the commons as tenants in capite were admitted ) but only truly and properly curiae militum , a court summoning those that hold of the king in capite to acknowledge record , and perform their services , do their homage , and pay their releifs , &c. and the writ of summons mentied in the close rolls of the th year of the raign of king john. was not then for the summoning of a great councel or parliament , but for other purposes , viz. military aids and offices . p. § . . that the comites or earls have in parliament or out of parliament , power to compel their kings or soveraign princes to yield unto their ●onsults , votes or advices , will make them like the spartan ephori , and amount to no more than a conclusion without praemisses , or any thing of truth , law or right reason to support it . p. . § . . of the methods and courses which king edward the first held and took in the reformation and cure of the former state , diseases and distempers . p. . § . . that the sheriffs are by the tenor and command of the writs for the elections of the knights of the shires , and burgesses of the parliament cities and burrough-towns , the only iudges under the king , who are fit and unfit to be members in the house of commons in parliament , and that the freeholders and burgesses more than by a just and impartial assent and information , who were the fittest , were not to be the electors . p. . § . . of the small numbers of knights of the shires and burgesses , which were elected and came in the raign of king edward the first , upon his aforesaid writs of election ; and how their numbers now amounting unto very many more , were after encreased by the corruption of sheriffs , and the ambition of such as desired to be elected . p. . § . . who made themselves electors for the chusing of knights of the shires to be members of the house of commons in parliament , after the st year of the raign of king edward the first contrary to the tenor of his aforesaid writs of summo 〈…〉 made in the year of his raign , for the election of knights of the shire , and burgesses to come to the parliaments and great councils of several of our kings and princes afterwards . p. . § . . of the actions and other requisites by the law to be done by those that are or shall be elected knights , citizens and burgesses to attend our king in their great councils or parliaments , praecedent and praeparatory to their admission therein . p. . § . . that the members of the house of commons being elected and come to the parliament as aforesaid , did not by vertue of those writs of election sit together with the king and the lords spiritual and temporal in one and the same room or place ; and that if any such thing were , as it never was or is likely to be proved , it cannot conclude or infer that they were or are co-ordinate , or had , or have an equal power in their suffrages and decisions . p. . § . . what the clause in the writs for the election of knights , citizens and burgesses to come unto the parliament , ad faciendum & consentiendum do properly signifie , and were intended by the said writs of 〈◊〉 to be members of the house of cowmons in parliament . p. . § . . of the many variations and alterations of our kings writs of summons to their great councels or parliaments , excluding some , and taking in others to be assistant in that high and honourable court , with its resummons , revisions , drawing of acts of parliament , or statutes dy the judges , or the kings learned councel in the laws , and other requisites therein necessarily used by the sole and individual authority of our kings and princes . p. . § . . what is meant by the word representing , or if all , or how many of the people of england and wales , are or have been in the elections of a part of the commons to come to parliament represented . p . § . . that no impeachment by all or any of the members of the house of commons in parliament , or of the house of peers in parliament , hath , or ever had any authority to invalidate , hinder , or take away the power , force , or effect of any the pardons of our kings or princes , by their letters patents , or otherwise for high treason , or felony , breach of the peace , or any other crime or supposed delinquency whatsoever . p. . § . . of the protection and priviledge granted unto the members of the house of commons in parliament , by our soveraign kings and ●rinces , during their attendance and employments in their great councils of parliament according to the tenor and purport of their commissions . p. . § . . neither they claim , or ever were invested by any charter or grant of any of our kings or princes , or otherwise of any such priviledge or liberty , nor was , or is in england any law , or usage , or custom , that a parliament sitting cannot be prorogued or dissolved as long as any petition therein exhibited remaineth unanswered , or not determined . p. . § . . that in those affairs peculiar only to so great and venerable an assembly , which should not be trivial or proper to lower and lesser iurisdictions , assigned for the determining of lesser matters for the publick ease and benefit , our kings and princes have a greater burden and care upon them as gods vicegerents , besides that of parliaments , to manage and take care of the kingdom , for the benefit and good of themselves and their people . p. . § . . that our great councils or parliaments , except anciently at the three great festivals , viz. christmas , easter and pentecost , being ex more summoned and called upon extraordinary emergent occasions , could not either at those grand and chargeable festivals , or upon necessities of state or publick weal and preservation ex natura rei continue long , but necessarily required prorogations , adjournments , dissolutions or endings . p. . § . . that parliaments or great councels de quibusdam arduis concerning the defence of the kingdom and church of enggland , neither were or can be fixed to be once in every year or oftner , they being always understood and believed to be by the laws , and ancient , and reasonable customs of england ad libitum regis , who by our laws , right reason , and all our records and annals , is and should be the only watchman of our israel , and the only iudge of the necessity , times and occasion of summoning parliaments . p. . § . . that all or any of the members of the house of commons in parliament are not properly , or by their original constitution intended , or otherwise entituled , or properly , truly , justly lawfully seized , or to be stiled or termed estates ; neither are to be so understood or believed to be ; and being to be no otherwise than subject to a temporary election , and by the authority of their kings writs paid their wages and charges , by those that sent and elected them , can have no iust or legal right thereunto . p. § . . a series or accompt of the many seditions , rebellions and discords that have successively happened since the beginning of the raign of king henry . to our succeeding kings and princes until this present age wherein we now live , by mistaken and never to be warranted principles . p. . a vindication of the antient and present establish'd government of the kingdom of england under our kings and monarchs appointed by god , from the opinion and claim of those that without any warrant or ground of law , or right reason , the laws of god and man , nature and nations , and the records thereof , would have it to be originally deriv'd from the people , co-ordinate with the houses of peers and commons in parliament , or by their election . sect . i. that our kings of england in their voluntary summoning to their great councels and parliaments some of the more wise , noble and better part of their subjects , to give their advice and consent in matters touching the publick good , and extraordinary concernment , did not thereby create , or by any assent , express or tacite , give unto them an authority , co-ordination , equality or share in the legislative power , or were elected by them. the laws of god , nature and nations , our laws of england , and the records thereof , ( no strangers at all unto them , but much in league and friendship with them ) did never deny our kings and princes to make use of the councels and advice of such of their subjects , as were fit and able to give it . nor did any of our kings , by such applications unto their subjects for their advice and councels , either in general , or particular , common , publick , or private councels , or any of their laws , grants , charters or customs , ever allow them any co-ordinate or equal authority with them , or over any of their actions , in the giving of their approbation , advice , or consent ; or otherwise , if we may believe ( as we ought ) those records and accounts which the world , and its aged companion , time , have from their infancies left , and recommended unto us : no such liberties , customs , or priviledges at all ever appearing to have been granted , or of right appertaining unto them , by any warrant , foundation , law , act of parliament , reason , prescription or custom . in the time of our ancestors the britains , a qui legibus romanis , ( not of the senate , but the emperours ) caesareis , seu imperialibus , paruerunt quamdiu sub imperio romano ; which mr. selden hath asserted to have continued years , or thereabouts , from the time of claudius the emperour , to that of honorius ; and that severus the emperour kept his court for several years at york , where papinian , that great and famous lawyer , sate praetor , or lord chief-justice , under him . which could not but introduce much of their laws and usages amongst us , and the near succeeding ages were so unwilling to part with them , as they would never after be altogether strangers unto them ; b for king aethelulph travelled with his son aelfred to rome , and aelfred , whilst he was there , and likewise after his return , and being king , librorum omnium notitiam habebat , saith william of malmsbury ; and was very learned , as asser menevensis , who was his contemporary , and privy to most of his actions , and hoveden , and ingulsus , have recorded it to posterity ; plurimam partem romanae bibliothecae anglorum auribus dedit . and offa king of the mercians had in the year of christ . before the time of aethelulph , sounded , erected and maintained in rome a schola saxonica , which could not be either constituted or continued , without some commerce with the latian language and laws : the one being likely to be an effectual means to convey the other , and by a constant intercourse continue the course and knowledge of some part of these laws and customs in england . or in any of those laws which dunwallo molmucius , cujus leges molmucianae dicebantur , ordained . or in those which mercia regina , britonum uxor gurtheli à qua provincia merciorum , containing gloucester shire and seven other counties , putatur denominata edit , as an authentique historian saith , discretione & justitia plenas quae lex mercia dicebatur . of king ethelbert , c circa annum salutis , or . qui sub heptarchia saxonum , ( as venerable bede relates it ) decreta judieiorum inter subditos suos juxta exempla romanorum , consilio sapientum constituit , & decreta judiciorum scribi fecit genti suae . et sub saxonibus , & danis , d quamvis pauciora legum romanorum vestigia reperiamus . the learned dr. duck , seconded by dr. langham , in observationibus de antiquitatibus & legibus romanorum in britannia exercitatissimus , have not indiligently noted , constabit tamen reges eorum qui reliquis pietate , virtute , & gloriae cupiditate praecelluerunt in judiciis , & jure dicundo inter subditos suos ad exempla romanorum saepius se composuisse . in the laws of king e ina , who , about the year after the redemption of mankind , suesu & instituto cenradi patris sui heddae & erkenwaldi episcoporum suorum , omnium senatorum suorum , & natu majorum & sapientum populi sui in magna servorum dei frequentia : commanded , ut justa judicia per omnem ditionem suam fundita stabilitaque sint , at que ut nulli liceat in posterum senatori f sive alteri cuivis in ditione sua degenti sua antiquare judicia & institutiones sive leges genti suae condidit solempnes . of king alured , g who about the year . prudentissimorum è suis consilio , declaring that many of the laws of his ancestors , quae sibi minus commoda videbantur ex consulto sapientum partim antiquanda partim innovanda curavit , & quaecunque in actis inae gentilis sui offae merciorum , regis vel ethelbert ( qui primus anglorum sacrotinctus est baptismato ) observatu digna deprehensus fuit , ea collegit omnia , reliqua plane omisit , atque in istis discernendis prudentis simorum è suis consilio usus atque iis omnibus placuit editi eorum observationes . or in the league made betwixt king alured and guthrun the dane , or afterwards betwixt king edward and guthrum , à sapientibus recitata sepius atque ad commodum & regni utilitatem aucta & amplificata . or in or by any of the books , if they were extant , and now to be seen , said to have been collected and written by that great king , viz. breviarium h quoddam collectum ex legibus trojanorum , graecorum , britannorum , saxonorum , & danorum . o. visi saxonum leges . o. instituta quaedam . o. contra judices iniquos . o. dicta sapientum . o. acta magistratum . o. collectiones chronicorum . or by the laws of king edward , i about the year . where iis omnibus qui reip. praesunt etiam atque etiam mandavit ut omnibus quoad ejus facere poterint aequos se praebeant judices , perinde ut in judiciali libro scriptum habetur , nec quicquid formident jus commune audacter liberèque dicant , ac litibus singulis dies quibus dijudicentur condictos statuit . of king athelstan , k about the year . ( the heptarchy being then reduced to its pristine estate of monarchy ) consilio ulfhelmi , archiepiscopi aliorumque episcoporum , & servorum dei. or in his laws not long before made in a councel held at exeter , where he was , as they mention , sapientibus stipatus . of king edmond , l made in a councel at london , about the year . tam ecclesiasticorum , quam laicorum , cui interfuerunt oda & wolstanus archipraesul , plurimique alii episcopi . or in or by the first written laws of the britains , m about the same time , in the reign of their king howel dha , stiled the good , ( the bards and druids , n men of great veneration , power and esteem amongst them , not before recommending to posterity , or committing to writing any of their laws , customs or memorials ) qui convocati episcopis & laicis doctissimis leges antiquas correxit & novas condidit . or in the laws which king eldred o made about the year . in festo nativitatis beatae mariae , when universi magnates regni , per regium edictum summoniti tam archiepiscopi totius regni quam proceres , & optimates londoniis convenerunt ad tractandum de negotiis publicis totius regni . of king edgar , p who about the year . ( favente dei gratia ) not of the people , stiling himself totius angliae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & imperator , frequenti lenatu proposuit leges populo servandas . of k. ethelred , q about the year . made sapientum consilio . or in the senatur consultum , agreement , or league , made between him and the monticuli walliae , or men of the mountainous parts of wales , angliae sapientibus , & walliae consiliariis . of or by the laws of king canutus , r constituted about the year . ex sapientum consilio . of king edward the s confessor , who reigning about the year . and stiling himself monarcha & vicarius summi regis , collected out of the mulmucian , mercian , saxon , and danish laws , and other reasonable customs used until his time , ordained laws , concilio baronum angliae , & leges annis sopitas excitavit , excitatas reparvit , reparatas decoravit , deboratas confirmavit , confirmatae verò vocantur leges regis edwardi , t non quod ipse primo ad invenisse eas , sed cum praetermissae fuissent , & oblivioni penitus deditae à diebus avi sui edgari qui annis regnavit , ipse edwardus , quia justa erant & honesta à profunda abysso extraxit , eas revocavit , & ut suas observandas contradidit . and were afterwards by william u the conquerour , upon the tears and intercession of the english , consilio habito & praecatu baronum per universos angliae consulatus nobiles & sapientes & suâ lege eruditos , upon the oaths of twelve men in every county , granted and confirmed unto them . of the laws which he made , x universo populo angliae post subactam terram , ( a time when new laws are usually made or given ) and giving much of that conquered land commilitonibus suis , being for a great part the same laws which king edward the confessor had before caused to be observed . amongst which laws , y said to have been the laws of william the conquerour , there remains one in these words , viz. statuimus & sirmiter praecipimus ut omnes liberi homines totius regni nostri sint fratres conjurati ad monarchiam nostram , & ad regnum nostrum pro viribus suis & facultatibus contra inimicos pro posse suo defendendum & virilitèr servandum , & pacem , & dignitatem coronae nostrae integrè observandam & ad judicium rectum & justitiam constantèr omnibus modis pro posse suo sine dolo & sine dilatione faciendam . or in or by his laws and charters z made and granted , tam francigenis quam anglis communi consilio archiepiscoporum , abbatum , & omnium principum regni sui , for and concerning the separation and dividing the ecclesiastical laws and jurisdictions from the temporal and common . or in or by the a codex legum , compiled by king henry i. ex legibus salicis , ripuariis , danicis , & aliarum gentium antiquis . or in or by his charter granted unto the baronage and people of england , so much approved , as when stephen langton , archbishop of canterbury , had produc'd it unto some of them that were quarrelling with king john , for infringing some parts of their liberties , they did swear , that they would live and die in the defence and maintenance thereof . or in a councel holden c anno domini . in the th . year of the reign of king william rufus at pedred , coram rege & archiepiscopo dorobernensi atque primatibus totius regni judicantibus ubi terminata fuit controversia inter thomam archiepiscopum eboracensem , & ulstanum episcopum wigornensem . or the charter of king stephen , who granted omnibus baronibus & hominibus suis de anglia omnes libertates & bonas leges quas henricus rex angliae avunculus suus eis dedit & concessit , & omnes bonas leges , & bonas consuetudines eis concessit , quas habuerunt tempore regis edwardi . or in the agreement made afterwards between him and maud the empress and her son , touching the succession of the crown of england . or in any of those which king d henry ii. granted , restored , and confirmed , deo & sanctae ecclesiae , & omnibus comitibus baronibus , & omnibus hominibus suis omnes consuetudines quas rex henricus avus suus eis dedit & concessit adjecta sanctione , ut libere , quiete , & plenario tenerentur . or in the letter or epistle e which he wrote unto thomas becket , archbishop of canterbury ; which , probably , if it were extant , would not contradict the rules and laws of his government . or in the great councel of clarendon , holden by the same king , where a recognition of many of the ancient laws and customs of the nation , concurrentibus episcopis & proceribus congregato clero & f populo tunc praecepit rex universis comitibus , & baronibus regni . or when he held a great councel at northampton , g coram epilcopis , comitibus , & baronibus terrae assisaw fecit , & eam teneri praecepit , scilicet quod regnum suum divisit in sex partes perquarum singulas tres justicias constituit . or that of king h richard i. holden at london , congregatis episcopis , comitibus , & baronibus regni sui . or by king john's permitting the speech or oration which hubert walter archbishop of canterbury made unto him at his coronation , after the death of king richard i. at london , in praesentia archiepiscoporum , episcoporum , comitum , & baronum , & aliorum omnium qui ejus coronationi interesse debuerant , ubi stans in medio omnium , dixit , audite universi , noverit discretio vestra quod nullus praeviâ ratione alii succedere habet regnum nisi ab universitate regni unanimitur invocata spiritus electus , i & secundum morum suorum eminentiam prae-electus ad exemplum & similitudinem saul primi regis in uncti quem praeposuit dominus populo suo non regis filium , nec de regali stirpe procreatum , similiter post eum david jessae filium hunc quia strenuum & aptum dignitati regiae , illum quae sanctum & humilem , ut sic qui evectus in regno supereminet strenuitate omnibus praesit in potestate & regimine verum si quis ex stirpe regis defuncti aliis praepolleret , pronius & promptius in electionem ejus est consentiendum , haec idcirco diximus pro inclyto conite qui praesens est fratre illustrissimi regis nostri richardi jam defuncti , qui haerede caruit ab eo egrediente , qui providus & strenuus & manifeste nobilis , quem nos invocatâ spiritus sancti gratiâ , rationi tam meritorum , quam sanguinis regii ananimiter elegimus universi . whereupon , saith daniel , k ( agreeing therein with matthew paris ) the archbishop being after , by some of his friends , questioned for so doing : confessed , that he fore-saw whatsoever blood and mischief it should cost , ( his title by succession , in the life of his nephew arthur , his elder brother geffry's son , being at that time not able to carry it ) he would endeavour to obtain the crown ; and therefore , the safer way to prevent confusion , was , that the land should rather make him king than he make himself , and that the election would be some tie upon him . or in or by the books ( if extant ) which that king is said to have wrote , entituled leges pro republicâ . d . statuta regalia d. in the epistle which he wrote , ad innocentium papam , contra stephanum langton , archiepiscopum cantuariensem . th . ad stephanum cantuariensem episcopum th . ad innocentium papam , contra barones . th . ad londinenses pro praetor . th . super charta obligatoria . which ( if the devouring teeth of time , or corruptions of their originals , have not met with them ) might , if perused , be believed to make no opposition to that which should be in a well-ordered regal government . or in or by the charter at running mead , called magna charta , & charta de forestae , wrested and enforced from him by a mighty army of too many of the barons of england , with their innumerable adherents , upon m their oaths solemnly taken upon the altars , never to desist , until they had obtained a grant of their laws and liberties , which they pretended to have been violated ; which , saith daniel the historian , might be wished to have been gained by those unruly barons in a better manner . or by any of our laws , or any of the charters or liberties granted by any of our kings or princes before or after . sect . ii. of the indignities , troubles and necessities which were put upon king john , in the enforcing of his charters , by the pope , and his ( then ) domineering clergy of england , joyned with the disobedience and rebellion of some of the barons , encouraged and assisted by them . that unfortunate prince , so ill used by hubert walter , archbishop of canterbury , in the beginning of his reign , and as bad by philip king of france , who had given the honour of knighthood unto arthur the son of king john's elder brother , and taken his homage for anjou , poicteau , touraine , maine , and the dutchy of normandy , with an endeavour to make it the most advantageous for himself , in regard that king john had neglected to do his homage for those provinces , being members of the crown of france . and in the third year of his reign n imposing s. upon every plough-land , for discharge of a dowry of marks to be given in marriage with his niece blanch , the collecting whereof the archbishop of york opposed in his province ; for which , and refusing to come upon summons to his treaty in france , seizing his temporalities , the archbishop interdicted the whole province of york , and excommunicated the sheriff ; into which county the king , with his queen isabel , afterwards making their progress , in their journey towards scotland , and exacting great fines of offenders in his forests , the archbishop his brother refused him wine , and the honour of the bells at beverly . a reconciliation was notwithstanding made betwixt them , by the mediation of four bishops , and as many barons , with a great sum of money , and a promise to reform excesses on both parts : when the king , upon easter after his return from the north , was again crowned at canterbury , and with him his queen , by the archbishop hubert ; and there the earls and barons of england were summoned to be ready with horse and armour , to pass the seas with him presently after whitsontide ; but they holding a conference together at leicester , by a general consent , sent him word , that unless he would render them their rights and liberties , they would not attend him out of the kingdom ; whereupon he required of them security , by the delivering up unto him the principal of their castles , and began with william de albany , for his castle of belvoir , who delivered unto him his son as a pledge , but not the castle . and the king , with the king of france , being after solicited by the popes legate , obtained a subsidy of the fortieth part of all their subjects revenues for one year , by way of alms , to succour the holy lands ; for the levying whereof in england , geffery fitz-peter , justiciar in england , sent out his writs by way of request and perswasion , ( not as of due , or by co-action ) to avoid example . howsoever , the king of france declared for arthur , to whom he married his youngest daughter , required king john to deliver up unto him all his provinces in france , and by a peremptory day summon'd him to appear personally at paris , to answer what should be laid to his charge , and abide the arrest of his court , which he refusing , was by sentence adjudged to lose all which he did hold in france of that crown ; who thus beset with the king of france on the one side , and his nephew arthur and the barons of o anjou on the other , who laid siege to mirabel , defended by eleanor mother of king john , who by her intermedling , turbulent , and unquiet spirit , had done him no good : with great expedition relieved it , by defeating the whole army ; carrying away prisoners earl arthur , hugh le brun , all the barons of anjou , and knights . whereupon , arthur being shortly after murdered in prison , and the deed laid to his charge , with the cruel execution of many of his prisoners , it so exasperated the nobility of britain and poicteau , as they all took arms against him , and summon'd him to answer in the court of justice of the king of france ; which he denying , was condemned to forfeit the dutchy of normandy , which his ancestors had held by the space of years : and of that , and all his other provinces in france , became wholly dispossest . and with that disastrous success returning into england , charged the earls and barons with the reproach of his losses in france , and fined them to pay the fourth part of all their goods , for refusing their aid , to which the feudal laws and their tenures had obliged them . neither spared he the church or commonwealth in the like imposition : of which geffery fitz-peter , justiciar of england , was collector for the laity , and hubert archbishop of canterbury for the clergy . which being not enough to supply his occasions for war in france , ( where great estates of many of the english nobility then lay ) a parliament was convoked at oxford , wherein was granted two marks and a half of every knights f●e for military aid ; the clergy promising to do the like on their part . in anno o. of his reign , another imposition was laid , of the th . part of all the moveables of the clergy and laity , which was again opposed by the archbishop of york , who solemnly accursed the receivers thereof p within his province , and departed out of the kingdom . unto which also was added a miserable breach betwixt legiance and authority ; for hubert archbishop of canterbury being dead , a great controversy happened betwixt the king and the pope , upon the monks of canterbury's ( who were sent about it to rome ) election of stephen langton a cardinal ; who , though an english-man born , had been bred in france , and an adhaerent to that king ; being thus elected , and consecrated by the pope at viterbium in italy , the election of the bishop of norwich , whom the king had procured to be elected , being made void , and those monks and the rest of the agents sent home , with the popes letters , exhorting the king benignly to receive stephen langton ; and charging the monks remaining at canterbury , by virtue of holy obedience , to obey the archbishop in all temporal and spiritual matters : with which the king being greatly displeased , seized upon all which the monks had , who with their prior hasted away to flanders . and writing a sharp letter to the pope concerning the wrong done unto him , in making void the election of gray bishop of norwich , and advancing stephen langton , a man unknown to him ; and which was more to his prejudice , without his consent : gave him to understand , that he would stand for the liberties of his crown to the death ; constantly affirming , that he could not revoke the election of the bishop of norwich , and that if he were not righted therein , he would stop up his passages of his subjects to rome ; and , if necessity required , had in his kingdom of england , and other his dominions , archbishops , bishops , and other prelates , of so sufficient learning , as they needed not to beg justice and judgment of strangers . unto which as angry a letter being returned , and two monks , who were staid at dover , having been sent from rome to demand his assent for the election of stephen langton , admonished him to endeavour to give him and the church their right , and not to cast himself into those difficulties from whence he could not easily release himself : since he in the end must overcome , to whom all knees bow in heaven , earth , and hell , whose vicegerency here below he exercised ; neither was it safe for him to repugn god and the church , for which the glorious martyr and bishop thomas becket shed his bloud : especially since his father and brother , late kings of england , have in the hands of the legates of the apostolick see , abjured ( which the records and memorials of england do with great clearness contradict ) that ( as he pleased to call it ) impious custom . and when he was q informed how the king had proceeded against the church of canterbury sent his mandates to the bishops of ely , london , and worcester , to exhort him to reform himself ; and if they found him contumacious , to interdict the whole kingdom ; and if that would not correct him , would lay a severe hand on him . which they being ready to obey , with tears beseeching him that he would call home the archbishop and the monks of canterbury , and avoid the scandal of interdiction : the king in a great passion against the pope and cardinal , interrupting their speech , swore , that if they , or any other , should dare to put the kingdom under interdiction , he would presently send all the clergy of england to the pope , and confiscate their goods ; and that if any of rome should be found within any part of his land , he would cause their eyes to be put out , their noses cut , ( over fierce punishments long before usually and indifferently inflicted upon offending criminals , laicks and clergy , by our saxon and norman ancestors , much before , and sometimes , since the time of our william the conquerour ) and so sent home , that by those marks they might be known of other nations ; charging the bishops moreover , presently to avoid his presence , as they would avoid their own danger . of which the pope being certified by those bishops , the whole kingdom was shortly after interdicted , all ecclesiastical sacraments and offices ( except confession , extream unction , and baptism of children ) seized , and dead were put into the earth without priest or prayer ; the king by his sheriffs and ministers commanded all prelates and their servants to depart the kingdom , confiscated all the revenues of the bishopricks , abbyes and priories ; many of the prelates getting into the monasteries , as places priviledged . and not forgetting the indignities , hardships , necessities , and ill usages , which had been undutifully put upon him by some of his barons , with the domineering of the pope , his legates and clergy , whilst like a tennis-ball he had been betwixt them tost from one hand , wall and racket to another , with the great oppressions which had been laid upon him by the clergy of one part , and some of his unruly barons on the other ; the discords of the former more encouraging the latter by the popes excommunication , and interdicting his kingdom , did the better to prevent the revolt of his subjects , which might follow upon his breach with the church , send with a military power to all the great men of the kingdom to give pledges for the assurance of their fidelity ; wherein some of them gave satisfaction by sending their sons , nephews , or nearest of kin ; amongst whom william de brause a great baron being sent unto , his lady too sharply giving an answer , before her husband could do it , that the king should have none of her son to keep , that was so ill a keeper of his own brothers son arthur ; but her lord reprehending her for it , returned his answer , that he was ready if he had offended , to satisfy the king without any pledge , according to the judgment of his court , and that of his peers . the king displeased with the londoners , removed his exchequer to northampton , marched with an army to make war against the king of scotland ; and that business appeased , in his return back caused all the inclosures in his forests to be laid open . the pope seeing that he would not yield , proceeded to an excommunication of his person , which did put him into a desperate rage against the clergy , who durst not execute the popes mandate for many days after ; which excommunication of the king was accompanied with that of the emperour otho his nephew , and all the estates of germany and the roman empire were absolved from their obedience and fidelity : but the king having gained great treasure from the iews made a voyage into ireland , where receiving the homage of many , and reducing much of that country to his obedience , ordained the same to be governed by the laws and customs of england ( the contests whereof were not then fully settled ) making the coin and money thereof to be there currant , and leaving john grey bishop of norwich to be justiciar , and there after three months stay returned into wales , which had rebelled ; reduced them to obedience , taking of the children of their best families for pledges : whence returning in the th . year of his reign , he required , and had of every knight that attended not his army in that expedition , two marks ; and at northampton received the popes agents , pandulphus and durandus , who were sent to make a peace betwixt the kingdom and priesthood , ( too many of whom in matters against the king were seldom at odds ) by whose exhortation , and the consideration of the state of the kingdom , he consented that the archbishop , and all the exiled bishops , and monks of canterbury , should in peace return to their own ; but refused to make satisfaction for their goods taken away . they depart unsatisfied , which made the pope more imperious to constrain him to do whatsoever he desired ; and to that end absolved all his subjects upon what occasion soever from all their obedience , strictly forbidding them under pain of excommunication board , councel and conference . who preparing to suppress an insurrection of some of the welsh , had intelligence , that if he proceeded therein , he would either be killed or betrayed ; whereupon he returned to london , required pledges of the nobility , and had them ; eustace de vescy , and robert fitz-walter , being accused of the conspiracy , fled , the one into scotland , the other into france ; and the pope pronouncing the kings absolute deposition from the regal government of the kingdom , wrote to the king of france a perfidious dangerous enemy of king john's ; that as he looked to have remission of his sins , he should take the charge upon him to expel him out of the kingdom of england , and possess the same to him and his heirs for ever ; and sent letters to the s princes and great men of other nations , that they should aid the king of france in the dejection of that contumacious king of england , in revenge of the injuries done to the universal church : granting like remission of their sins , as if they undertook the holy war. the king of france thereupon making great preparations against him , and with that commission the archbishop of canterbury , and the other exiled bishops , with pandulphus the popes legate , being sent unto him : private instructions were given by the pope to pandulphus , his juggling legate , at his returning into england out of the king of france's great army prepared against him , that if , upon the preparation and forces gathered by the king of france for his dejection , he could work the king of england to such conditions as he should propound , absolution and restauration should be granted unto him ; who , thus distressed , t not only granted restitution and satisfaction of whatever had been taken from the archbishop , and monks of canterbury , and the bishops of london , bathe , and lincoln , ( who were fled into france to the archbishop ) but also laid down his crown , scepter , sword , and ring , the ensigns of his regality , at the feet of pandulphus , as a livery and seizin of the kingdom of england to the pope , and submitted himself to the judgment and mercy of the church ; which being , two days after , or , as some have written , six , restored unto him , upon an agreement made at the receiving thereof upon his oath , u non sine dolore , ( saith matthew paris ) tactis sacrosanctis evangeliis , in praesentia pandulphi , se judicio sanctae ecclesiae pariturum , & sexdecim cum eo comites & barones ex potentioribus regni in animam ipsius regis juraverunt : quod si fortè facti paeniteret , ipsi eum pro possibilitate compellerent ; and thereupon , convenerunt decimo tertio die maii , apud doveriam , ( viz. ) die lunae , proximo ante ascensionem domini rex , & pandulphus , cum comitibus , baronibus , & turba multa nimis ( no house of commons certainly ) ubi in pacis formam unanimitèr consenserunt ; and in the king's name , and under his seal , it was declared by the title of iohannes dei gratiâ , ( not of the pope , or people ; ) and four of the barons , ( viz. ) william earl of salisbury , his brother , reginald earl of boloigne , william earl of warren , and william de ferrariis , juraver ant in animam suam , ( i. e. regis ) that they should , bonâ side , in every thing observe that peace and agreement . and he did likewise solemnly and absolutely swear , stare mandato domini papae , to stand to the will and command of the pope , and his legate or legates aforesaid , in all things ; for not doing whereof , he was excommunicated by him ; and that he should not molest stephen archbishop of canterbury , william bishop of london , eustace bishop of ely , giles bishop of hereford , iosceline bishop of bath , hubert bishop of lincoln , the prior and monks of canterbury , robert fitz-walter , ( whose castle of baynard , in or near london , the king had before seized , with all his other lands and estate , proclaiming him a traytor ) and eustace de vescy , with all other clarks and laicks , which had adhaered unto them , but continue in a firm peace and good accord with them ; and should publickly take his oath before the said l gate or his delegate , that he should not hurt , or cause them to be molested in their persons , lands , goods , or estates ; but should receive them into his grace and favour , and pardon all their offences ; not hinder the said archbishops and bishops in their jurisdictions and execution of their office , but they might fully execute their authority as they ought ; and should grant to the pope , archbishops , and bishops , his letters patents thereof , upon oaths to be taken by the bishops , earls , and barons , and their letters patents given , that they would firmly and truly hold and keep the said peace and agreement ; and if he by himself , or others , should infringe it ; they in the behalf of the church , should oppose the violators of the said peace and agrement ; and he should lose the benefit of the custody of their churches , in the vacancy thereof : and if he could not perswade others to keep the last part of the oath , that is to say , by himself , or others should contradict or go against it , they should put in execution the power of the church , and apostolick command ; and did by his letters patents , further oblige himself to quit and renounce all his rights and patronage , which he had in any of the churches of england ; and the said letters patents , should be transmitted and delivered to the said archbishop and bishops , before their coming into england ; the said archbishop and bishops , with a salvo honore dei & ecclesiae , giving caution by their oaths , and letters patents that , neither they , nor any on their behalf , should attempt or do any thing against his person or crown , whilst he observed and secured unto them the peace and agreement as aforesaid ; and as to what was taken from them , should make unto them full restitution , with damages for all that had been done as well to clerks as laicks , intermedling in those affairs , not only as to their goods and estates , but all liberties which should be preserved unto them , and to the archbishop and bishop of lincoln , from the time of their consecrations , and to all others from the time of the aforesaid discords ; nor should there be any hindrance to the living or dead , by any of his grants or promises before made ; neither should he retain any thing by way of service due unto him , but only the services which should hereafter be due unto him ; all clerks and laicks , imprisoned upon that occasion , should be restored to liberty : and the king should presently after absolution given to him , by him that should do it , cause to be delivered to the said archbishop , bishops , and monks of canterbury , l. sterling , in part of restitution of what had been taken from them ; and pay their debts and charges , in returning to england , that is , unto stephen archbishop of canterbury , l. william bishop of london , l. eustace bishop of ely as much , iosceline bishop of bath , and hubert bishop of lincoln , the like several sums of money ; and to the prior and monks of canterbury , l. that as soon as the peace should be allowed , and accepted by them ; he should restore unto them all the moveables which he had taken from them , publickly revoke the interdict or outlamry so called , made and pronounced against ecclesiastical persons , and protest that it did not at all belong unto him so to do ; and that therefore he should not do it , but revoke the outlawing of any of the laity that had taken their part , and remit all that he had received from any ecclesiastical man : praeter regni consuetudinem & ecclesiae libertatem ; and that if any questions should arise concerning the damages done , it should be determined upon proofs by the legate or delegate of the pope : all which being done , the popes sentence and interdict should be taken off and discharged ; and if any doubts should arise touching any other parts of the articles of agreement , and any which were material , or substential , should happen , that could not be determined by the legate or delegates of the pope ; by the peoples consent , they should be referred to the popes arbitration ; and that whatsoever he should decree , might be observed . dated die maii apud doveram . rebus sic expeditis , and the matter so ended and agreed upon ; convenerunt iterum rex x anglorum & pandulphus cum ' proceribus regni apud domum militum templi juxta doveram decimo quinto d●e maii in vigilia dominica ascensionis , ubi idem rex juxta quod romae fuerat sententiarum resignavit coronam suam cum regiis angliae & hiberniae in manu domini papae cujus vices tum gerebat pandulphus memortus factâ autem resignatione dedit papae et ejus successoribus regna praedicta quae & charta confirmavit , in these words , viz. johannes dei gratiâ rex angliae , &c. omnibus christi fidelibus hanc chartam inspecturis , salutem in domino ; universitate vestrae per hanc chartam sigillo nostro munitam , volumus esse notum , quòd cùm deum & matrem nostram sanctam ecclesiam offenderimus in multis , & perindè divinâ misericordiâ plurimùm indigeamus , nec quid dignè offerre possimus pro satisfactione deo , & ecclesiae , debita facienda nisi nosmet ipsos humiliemus & regna nostra ; volentes nos ipsos humiliare , pro illo qui se pro nobis humiliavit usque ad mortem , gratiâ sancti spiritûs inspirante , non vi interdicti , nec timore coacti , sed nostrâ bonâ spontaneâque voluntate , ac communi consilio baronum nostrorum conferimus , & liberè concedimus deo , & sanctis apostolis ejus petro & paulo , & sanctae romanae ecclesiae matronae nostrae ; ac domino papae innocentio , ejusque catholicis successoribus , totum regnum angliae , & totum regnum hiberniae , cum omni jure & pertinentiis suis , pro remissione omnium peccatorum nostrorum , & totius generis nostri , tàm pro vivis quàm pro defunctis , & amodò illa ab eo & ecclesia romana , tanquam secundarius recipientes & tenentes , in praesentiâ prudentis viri pandulphi , domini papae subdiaconi & familiaris . exindè praedicto domino papae innocentio , ejusque catholicis successoribus , & ecclesiae romanae , secundum subscriptam formam fecimus & juravimus , & homagium ligium in praesentiâ pandulphi : si coram domino papa esse poterimus , eidem faciemus : successores nostros , & haeredes de uxore nostrâ in perpetuum obligantes , ut simili modo summo pontifici qui pro tempore fuerit , & ecclesiae romanae ; sine contradictione debeant sidelitatem praestare , & homagium recognoscere . ad indicium autem hujus nostrae perpetuae obligationis & concessionis , volumus & stabilimus , ut de propriis & specialibus redditibus nostris praedictorum regnorum , pro omni servito & consuetudine , quae pro ipsis facere debemus salvis por omnia denariis beati petri , ecclesia romana , mille marcas esterlingorum percipiat annuatim ; in festo scilicet sancti michaelis quingentas marcas , & in pascha quingentas ; septingentas scilicet pro regno angliae , & trecentas pro regno hiberniae . salvis nobis & heredibus nostris , iustitiis , libertatibus , & regalibus nostris . que omnia sicut superscripta sunt , rata esse volentes atque firma ; obligamus nos & successores nostros , c●ntra non venire ; & st nos vel aliquis successorum nastrorum contra hec attentare presumpserit , quicunque ille fuerit , nisi rite commo●itus resipuerit , cadat à jure regni . et hee charta obligationis & concessionis nostre . teste meipso , apud domum militum templi juxta doveram , coram h. dublinensi archiepiscopo , johanni norwicensi episcopo , galfrido filto petri , w. comite sarisberiae , willielmo , comite penbroke , r. comite bononiae , w. comite warenne , s. comite winton , w. comite arundel , w. comite de ferrariis , w. briwere , petro filio hereberti , warino filio geroldi , o ▪ die maii , anno regni nostri quarto decimo . charta itaque regis in scriptum , ut dictum est , redacta , tradidit eam rex pandulpho , romam papae innocentio deferendam ; & continuò cunctis videntibus , homagium fecit subscriptum . ego johannes , dei gratia rex angliae & dominus hiberniae , ab hac hora & in anteà , fidelis ero deo & beato petro & ecclesiae romanae & domino meo papae domino innocentio , ejusque successoribus catholicè intrantibus , non ero in facto , in dicto , consensu vel consilio , ut vitam perdant vel membra , vel mala captione capiantur , eorum damnum , si sic vero , impediam , & remanere faciam , si potero ; alioquin eis , quam citus potero , intimabo , vel tali personae dicam , quam eis credam pro certo dicturam . consilium quod mihi crediderint , per se vel per nuntios suos seu literas suas , secretum tenebo ; & ad eorum damnum nulli pandam me sciente . patrimonium beati petri , & specialiter regnum angliae , & regnum hiberniae adjutor ero ad tenendum & defendendum , contrà omnes homines pro posse meo . sic meo adjuvet deus , & haec sancta evangelia . amen . acta autem sunt haec , ut praedictum est in vigilia dominicae ascencionis , praesentibus episcopis , comitibus & magnatibus supradictis . pandulphus autem pecuniam , quam in arrham subjectionis rex contulerat , sub pede sua conculcavit ; archiepiscopo dolente & reclamantis . after which the nobility refuse to aid the king in his wars to assist the earl of flanders y against the king of france , until he were absolved , and had confirmed unto them their liberties ; whereupon the king ( much against his will ) was constrain'd to submit to the present pressure and necessity , sent to the archbishop of canterbury and the other bishops , who were yet in france , promising them present restitution and satisfaction , under the hands and seals of of his earls and barons , undertaking for the performance thereof according to the form of his charter and agreement made and granted in that behalf ; and the better to prepare them z to give him their assistance , directed the ensuing letter to meet them in these words : rex venerabili in christo patri , s. dei gratiâ cant ' archiepiscopo totius angliae primati , & sanctae romanae ecclesiae cardinali , & omnibus suffraganeis suis episcopis , cum eo existentibus johannes eadem gratiâ rex angliae , &c. mandamus vobis quòd cùm veneritis in angliam scientes quòd jamdiù vos expectavimus , & adventum vestrum desideravimus , unde in occursum vestrum mittimus fideles nostros dominum h. dublin ' archiepiscopum , j. norwici episcopum , w. com' arundel , mattheum filium herberti , w. archidiaconum huntindon , rogantes quatenùs ad nos venire festinetis , sicut praedicti fideles nostri vobis dicent t. meipso apud stoaks episcopi , primo die julii . whereupon pandulphus , with the archbishop and the rest of the exiled clergy , ( upon his confiscation of their estates ) forthwith came over and found him at winchester , who z went forth to meet them , and on his knees with tears received them , beseeching them to have compassion on him , and the kingdom of england ; and being thereupon absolved with great penitence , weeping and compunction , accompanied with the tears of the many beholders ; did swear upon the evangelists to love , defend and maintain holy church and the ministers thereof , to the utmost of his power ; that he would renew the good laws of his predecessors , especially those of king edward , abrogating such as were unjust ; would judge all his subjects according to the just judgment of his court ( which was then , and for many ages before , composed only of the king and his nobility , bishops , and lords spiritual , with his great officers of state , and such assistants as he would please to call unto it ) and that presently upon easter next following he would make plenary satisfaction for whatsoever had been taken from the church . which done , he went to portsmouth , with intention to pass over into france ; committing the government of the kingdom to the bishop of winchester , and jeffrey fitz-peter justiciar , a man of a generous spirit , learned in the laws , and skilful in government ; who were also to take the councel of the archbishop of canterbury . the souldiers being numerous , and wanting money to attend him , desired to be supplied out of his exchequer ; which he refusing to do , or wanting it , in a great rage with his private family , took shipping , and put forth to the isle of jersey ; but seeing none of his nobles and others followed him ( according to their tenures and homage ) was forced , having lost his opportunity of the season , to return into england , where he gathered an army , with intention to chastise the lords , who had so forsaken him , having for the like offence some years before taken by way of fine a great sum of money : quòd noluerunt eum sequi ad partes transmarinas ut haereditatem amissam recuperaret . but the archbishop of canterbury followed him to northampton , urging him that it was against his oath taken at his absolution , to proceed in that manner against any man without the judgment of his court ; to whom the king in great wrath replyed , that he would not defer the business of the kingdom for his pleasure , seeing lay judgment appertained not to him ; and marched to nottingham . the archbishop followed him , and plainly told him , that unless he would desist , he would excommunicate all such as should take arms against any before the releasing of the interdiction , and would not leave him until he had obtained a convenient day for the lords to come to his court , which shortly after they did . and a parliament was assembled at st. pauls in london , wherein the archbishop of canterbury produced the said charter of king henry i. whereby he granted the ancient liberties of the kingdom of england , according to the laws of king edward , with those emendations which his father , by the counsel of his barons , had ratified : upon the reading whereof , gaudio magno valdè , saith matthew paris , they greatly rejoyced , and swore in the presence of the archbishop , that for those liberties , viso tempore congruo si necesse fuerit decertabunt usque ad mortem archiepiscopus promisit eis fidelissimum auxilium suum pro posse suo & sic confederatione facta inter eos colloquium solutum fuit . the pope , advertised of those disturbances , by his bull directed baronibus angliae , ( but not to those bishops displaying the banner of his supposed authority , which had encouraged , and animated , and caused them to persist therein ) stiling those quaestiones novitèr suscitatas grave dispendium parituras , did prohibit , under the pain of excommunication , all conspiracies and insurrections , from the time of the discords inter regnum & sacerdotium , which had been quieted apostolica autoritate , admonished them regem placare & reconciliare exhibentes ei servitia consueta , which they and their predecessors had done unto him and his predecessors ; and if they had any thing to require of him , they should not ask it insolenter , sed cum reverentia , preserving his regal honour and authority , that so they might the more easily obtain what they desired ; and assured them that he would desire the king that he should be kind to them , and admit their just petitions . but the barons persisting in their armed violence and rebellion against the king , notwithstanding that weather-beaten prince had , for shelter , taken upon him the cross and war for the recovery of the holy-land , ( then so called ) the pope in july following sent his bull to the universality of the d barons , bishops , and commonalty of england ; wherein reciting , that the barons had sent their agents unto him , and that he had commanded the archbishops , bishops and archdeacons ut conspirationes & conjurationes praesumptas , from the the time of the discords inter regnum & sacerdotium , that they should apostolic à autoritate forbid them by excommunication to proceed any farther therein , and enjoyn the barons to endeavour to pacifie the king , and reconcile themselves unto him ; and if they had any thing to demand of him , it should be done , conservando sibi regalem honorem exhibendo servitia debita quibus ipse rex non debebat absque judicio spoliari . and that he had commanded the king to be admonished and enjoyned , as he would have remission of his sins , graciously to give them a safe conduct , and receive their just petitions , ita si quod fortè non posset inter eos concordia provenire in curia sua per pares eorum secundum regni consuetudinem atque leges mota deberet discordia barones ipsi sua non expectata responsa , should not presume contra dominum suum arma movere temeritate nefaria , seeing the king had taken upon him the cross for the recovery of the holy-land , so as it might seem quod conspirationem inhierint detestandam ut eum taliter de regno possint ejicere & violare , their homage and fidelity sworn to the king , quod quàm crudele sit , actu & horrendum auditu cum pernitiosi materia sit & causa suis temporibus in audita manifestè cognoscit quicunque judicis utitur ratione ; and therefore , as he ought to make peace for the king of england , who was his vassal , and specially needed his protection , commanded the bishops and their suffragans , that unless the said barons and their adherents should within eight days after the receipt of his bull , or letters , omni cavillatione postposità , surcease their doings , they should excommunicate them omni appellatione remota , interdict their lands , churches and estates , and every sunday publish and declare it , & nè igitur propter quosdam perversos universitatis sinceritas corrumpatur , commanded and exhorted them in remissionem peccatorum injungentes quatenus praefato regi adversus perversores hujusmodi , they should give all fitting aid and favour scientes pro certo quòd si rex ipse remissus esset aut tepidus in ea parte nos ( i. e. papa ) regnum angliae non pateremur in tantam ignominiam deduci cùm sciamus per dei gratiam , & possumus talem insolentiam castigare . but the quarrels going on e more and more , the king sent his procurator or agent to rome , and the discontented barons theirs , who did urge , saith john mauclerc , the king 's trusty agent , in a letter written from thence unto him , that the magnates angliae scilicet boreales , & ut praedicti nuntii dicunt papae omnes barones angliae instantèr supplicant , quòd cùm ipse sit dominus angliae , he should diligently admonish , and , if need should be , compel him to observe the ancient liberties grantted by him and his ancestors charters , and confirmed by his oath ; and did likewise alledge , quòd cùm ille à praedictis baronibus inde requisitus fuisset in epiphaniâ domino apud london spreto proprio juramento non tantum libertates suas antiquas & consuetas eis concedere , contemptuously refused , unless they would promise & etiam per chartas suas darent quod nunquam de caetero tales libertates , from him vel successoribus suis exigerent , quòd omnes barones praeter dominum winthon , & comitem cestriae , & willielmum brewere hoc facere renuerent . supplicaverunt autem domino papae quòd ipse super his eis provideret cùm satis constet ei quòd ipsi audactèr pro libertate ecclesiae ad mandatum suum , would oppose the king , & quod he had granted , an annum redditum domino papae & ecclesiae romanae , and exhibited and done , alios honores , & ei romanae ecclesiae non sponte nec ex devotione , imò ex timore & coactione : who , thus perplexed , assayed all he could to pacifie pope innocent by his letter written unto him , complaining , that the barons of england , who were devoted unto him before he had f surrendred and subjected his realm unto him , had since , for that very reason , as they publickly alledged , ( when it mentioned it to have been done consilio baronum suorum , and many of the principal of them had been witnesses to that dishonourable grant ) taken arms against him , as he expressed it in these words , cum comites & barones angliae , nobis devoti essent antequam nos & nostram terram dominio vestro subjicere curassemus extunc in nos specialiter ab hoc sicut publice dicunt violenter insurgent , earnestly desired his protection , aid and assistance , and sent his agents unto him , to confirm his charters granted to queen berengaria , widow of king richard i. ( g not to deliver or grant any new charter of the kingdom of england , wherein samuel daniel may be understood to have been mistaken , h for mr. pryn in his late historical collections of that king's reign , and matthew paris , i do give no such account of it ; ) whereupon nicholas bishop of tusculan being sent into england , congregavit consilium in urbe londinensi apud sanctum paulum ubi congregatis archiepiscopis , episcopis , abbatibus , prioribus , comitibus , baronibus , & aliis ad interdicti negotium spectantibus , forty thousand marks were agreed to be paid to the archbishops , and monks of canterbury , and the rest of the exiled clergy : and the bishops of winchester and norwich sureties for thirteen thousand marks of it remaining unpaid . k the king being absolved , the interdict ( which had continued six years , three months , and fourteen days , to the great damage and loss of the church and clergy ) was discharged and l taken off . the barons , notwithstanding that clergy-pacification , assembled themselves at st. edmundsbury , where they consulted of the late produced charter of king henry i. and swore upon the high-altar , that if the king refused to confirm and restore unto them their liberties , they would make war upon him until he had satisfied them therein ; agreed , that after christmas they would petition him for the same , and in the mean time would provide themselves of horse and arms , to be ready if he should start from his oath made at his absolution for the confirmation of those liberties , and compel him to satisfiee their demands . after which time they came in a military manner to the king , lying at the new-temple , urgeing their desires with great vehemency : who seeing their inclinations and resolution , answered , he would take consideration thereof until easter following . howsoever , these lords continued their resolution , mustered their forces at stamford , ( wherein were said to have been knights , besides esquires , with those that served on foot ) and from thence marched towards oxford : from whence the king sending unto them the archbishop of canterbury , william marescal earl of pembroke , to demand of them , what were those laws and liberties which they required ? whereof a schedule being shewed , and by the commissioners delivered to the king , he , after the reading thereof , in great indignation asked , why the barons likewise did not demand the kingdom ? and swore , that he never would grant those liberties whereby to make himself a servant ; upon which answer returned , those barons seizing some of his castles , march'd towards northampton , which they besieged , constituted robert fitz-walter their general , ( whom they stiled m marshal of the army of god and holy church ) took the castle of bedford , whither the londoners sent their private messengers with offers to joyn with them , and deliver up the city to be guarded by them ; unto which they repairing , were joyfully received , and had it delivered unto them , ubi baronibus favebans divites , pauperis obloqui , saith matthew paris , metuebant , from whence ( daily encreasing in the number of their confederates , & à civibus accepta securitate ) they sent their lettess to all the earls , barons and knights which yet adhered to the king , exhorting and threatning them , as they loved themselves , their lives and estates , they should forsake a perjured king , and joyn with them to obtain their liberties , otherwise they would take them for publick enemies , turn their arms against them , destroy their castles , burn their houses , and spoil their lands and estates : the greatest part whereof , upon those threatnings , did so think it to be their safer way to forsake him and their loyalty , as they joyned with them . the king finding himself fere derelictum ab omnibus , and but seven knights ex omni multitudine regia abiding by him timuit valdè , lest the barons in castra sua impetum facientes illa sine difficultate sibi subjugarent , especially when they should find nothing to hinder them , sent william marescal earl of pembroke and others to treat with them ( being then at london ) for a peace , with an offer to grant the laws and liberties demanded ; and thereupon statuerunt regi diem ad colloquium in pratum inter stains & windleshores , o. die junii , where rex & magnates being met , and treating concerning the liberties , and a lasting peace , ( there being with the king , besides pandulphus and stephen archbishop of canterbury , his double-dealing friends , and some few others , in all but twenty-five ) tandem cum in varia sorte tractassent the king vires suas baronum viribus impares intelligens sine difficultate leges & libertates coneessit , & charta sua confirmavit data per manum suam in prato , quod vocatur running-mead , inter stains & windleshores , decimo quinto die junii , anno regni sui decimo septimo . which ( as matthew paris , a monk of st. albans , living not only at the same time , but being historiographer unto king henry iii. his son , privy to many of his affairs , and wrote in the th . year of his reign , hath faithfully related o those passages and proceedings ) was , as to the preamble thereof , ( the exact and full tenor thereof being with it truly mentioned in his book ) in these words : intuitu dei & pro salute animae meae & antecessorum omnium , & haeredum suorum ad honorem dei , exaltationem sanctae ecclesiae , & emendationem p regni sui per concilium stephani archiepiscopi cantuarensis , ( who prepared them , and had incited the pope and barons against him ) & aliorum episcoporum ibi nominat , pandulphi domini papae subdiaconi & familiaris , willielmi marescali comitis pembrochiae , willielmi comitis sarisberiensis , willielmi comitis warrenniae , &c. & aliorum fidelium mera & spontanea voluntate pro me & haeredibus meis deo & liberis hominibus q angliae habendas & tenendas eis & haeredibus suis de me & haeredibus meis ; which our laws ( no other tenure being specified ) will interpret to be in capite . and more at length , as matthew paris hath recorded it , with a salvis archiepiscopis , episcopis , abbatibus , prioribus , templariis , hospitalariis , comitibus , baronibus , militibus , & omnibus aliis tàm ecclesiasticis personis , quàm secularibus libertatibus & liberis consuetudinibus quas prius habuerant ; which gave them a better security in their former liberties than they could claim by the forced and indirect gaining of the latter ; and concluding in the perclose with his testibus , &c. hath these words subjoyned , libertates vero de foresta , & liberae consuetudines quas cum libertatibus praescriptis in una schedula pro sua capacitate continere nequiverimus in charta subscripta continentur , saith matthew paris . in which , not in the modern language , and stile of our acts of parliament , but as charters in the dictates of regal authority , as that of william the conquerour to the citizens of london , and that of dividing the temporal and spiritual jurisdictions , and those of king henry i. king stephen , and henry ii. and all the charters of liberties and priviledges granted by our kings before and since to cities , boroughs , corporations , and lords of manors ; as , the charter of king edward i. to the citizens of london in the th . year of his reign , and of king edward iii. in the th . year of his reign to all the people of england , to be governed by the english laws , in case he should obtain his right to the kingdom of france , and all our preceding laws have used to be . he granted away many of the ancient rights of the crown , made and ordained new laws , as that ( amongst others ) of communia placita nan sequantur curiam nostram , sed teneantur in certo loco ; and that of recovering the king's debts , &c. enlarged some , abrogated others , and gave unto the people greater liberties and immunities then the laws of king edward the confessor , and the charter of king henry i. put altogether , had allowed them ; the original whereof ( or the magna charta of king henry iii. ) remaining in the library of the archbishops of canterbury at lambeth , at the time of the imprisonment of that martyred great anti-papist , william laud , archbishop of that see ; and the ransacking of it preceding his murder , in the reign of that blessed martyr king charles i. by hugh peters , mr. pryn , and some others , thereunto appointed by their rebellious masters the then miscalled parliament , was never after found ; and by it self in a distinct paragraph did follow , as it were , a bond or security given by king john in these words : cùm autem pro deo & ademendationem regni nostri , & ad melius sapiendam discordiam inter nos & barones haec omnia concessimus volentes in integra & firma stabilitate gauderi facimus & concedimus securieatem subscriptam , ( viz. ) that the barons should elect twenty-five barons of the realm , who should be conservators thereof , & pro totis viribur suis observare , tenere , & facere observari pacem & libertates quas eis concessimus , and correct the king's defaults in government . of which number s gilbert de clare , earl of gloucester and hertford , was one , with a power , that if the king or his chief-justiciar , should trangress in any articles of the laws , it should be lawful for any four of them , after forty days notice given to him , or his chief-justiciar , and no amendment , to complain to the rest , and joyning with them and the people , to distrain and compel him , with a salvâ personâ regis only , & reginae , & liberorum suorum . et isti o. barones juraverunt in animabus suis rege hoc disponente quod omni instantia his obsequerentur , & regem cogerent si fortè rescipisci vellet tenere sequentes , ( and the earls of gloucester , arundel , and warren , with thirty-four other barons , and great men ) juraverunt to obey the commands of the twenty-five barons , and all that would might swear to assist them and the people , cùm communia totius terrae might gravare eum cum eis , and to that end those conservators should have his castles of killingworth , northampton , nottingham , and scarborough , and the castellanies or governours sworn to obey them ; and after a general pardon granted to them , and all their adhaerents , mutual oaths should be taken on both sides , in solemn manner , for the inviolable observing the articles , and the king's letters patents sent to all the sheriffs of the kingdom , to cause all men ( of what degree soever ) within their several shires to swear to observe those laws and liberties granted by his charter , and was compell'd so far to suffer those conservators to proceed in their conservatorships , as in the same yearthey took their oaths to perform those their new offices , the earls of arundel , gloucester , and warren , with hubert de burgh , and many barons and great men , took their oaths also to obey and assist them . but in the mean time gloucester and spencer , being the chief of the twenty-four conservators , did draw the entire managing of the kingdom into their own hands , compel the king to summon a great councel at london , where the authority of the twenty-four conservators was deliver'd over unto themselves , and it was ordained , that three of them at the least should attend at the court , to dispose of the custody of the castles , and other business of the kingdom , with those of the chancellor , justiciar , and treasurer , and of all offices great and small , and bound the king to loose and renounce to them their legal obedience , whensoever he should infringe his charters ; which might , as unto a great part of them , be certainly believed to have been the very spawn and breed of those ( long-after-reviv'd ) high and mighty nineteen propositions which were endeavour'd to have been enforced upon the late blessed martyr king charles , and of the late design'd association in the reign of his son king charles ii. but that hoped pacification being made ( saith the historian ) jealousies and discontents did again kindle , and break out on both sides ; the one part to keep what they had undutifully gained , and the other to get loose of what for fear he had too much yielded unto ; the king wanting none to enflame the perturbations , and anguish of his mind to tell him , that he was now a king without a kingdom , a lord without dominion , and a subject of his subjects , the discords , like a wound or sore ill-cur'd , fester'd again , and broke out . sect . iii. of the succeeding jealousies , animosities , troubles and contests betwixt king john and his over-jealous barons , after the granting of his charters , and his other transactions and agreements with them at their tumultuous meeting at running-mead , with the ill usages which he had before received of them , during all the time of his reign . he retir'd into the isle of wight , whence by agents sent to rome he procured a definitive sentence to condemn and nullifie what was done , and the pope's excommunication of the barons , who kept about the city of london , and under colour of tournments , and other martial exercises , invited as many other as they could to their assistance , but did not seek to surprize his person , or intercept his agents , although they had strength to do it , but only to enjoy those liberties which they had spoiled and discredited by gaining them by violence : wherein the fear of the power of an enraged prince made them the more desperately careful to defend themselves , and finish their designs , whilst the king tarried three months in the isle of wight ; whence the bishop of worcester , chancellor of england , bishop of norwich , with others , were sent with his seal to procure foreign forces , and to bring them to dover ; whither , after some small prizes taken by him , and he returning , his agents abroad brought him an army of foreigners from gascony , lovaine , poicteau , and brabant , ( many of them being his french subjects , with whose help , notwithstanding the loss of men , women and children , who were drowned at sea as they were bringing unto him by hubert de burgh from calice . he besieged and took rochester castle , marched over most part of the kingdom , and within half a year got in all the barons castles even to the borders of scotland , and was master of all england except the city of london , which he would not adventure upon , in regard of the barons united forces which lay near unto it ; marched to st. albans , where he proclaimed the pope's excommunication of the barons ; who seeing themselves and their wives and children like to be ruined , and depriv'd of their estates , ( which were given away to strangers ) desperately fell into another extreme , solicited lewis the french king's son to take upon him the crown of england , wherein they promised by a free election to invest him , and to send pledges for the performance ; which message being well received , a parliament was called at lyons by philip the father of lewis , and the business resolved upon , whilst lewis , besides the hop'd-for the title of election , ( by those trusty conservators of the peoples liberties , for their own particular interest more than the peoples ) supposed that he had another title from his wife blanch , daughter of the sister of the prosecuted king. in whose behalf the pope wrote to the king of france , not to invade the king of england , but rather to defend him , in regard he was a vassal of the roman church , and the kingdom , by reason of dominion , appertaining unto it ; whereunto the king of france answered , ( probably by the advice of the contending english baronage ) that the kingdom of england never was , nor is , nor ever shall be , the patrimony of st. peter ; that king john was never lawfull king thereof ; and if he were , he had forfeited it , by the murder of his nephew arthur , for which he was condemned in his court , and could not give it away without the consent of the barons , who were bound in an oath to defend the same ; and if the pope should maintain this errour , it would be a pernicious example . wherewith the pope's agents u departing unsatisfied , lewis sent his commissioners to rome to declare his rights , and justifie his undertaking ; sets forth from callis with ships , and other vessels , and landed with his army at sandwich , king iohn being then at dover ; who upon notice of his great power , and distrusting his mercenaries , committed the keeping of dover castle to hubert de burgh , forsook the field , and with it himself , and retired , first to worcester , and after to gloucester ; whereby lewis having subdued the whole county of kent , ( dover excepted ) came to london , where he was joyfully received of the barons , and ( upon his oath taken to restore their laws , and recover their rights ) had homage and fealty done unto him . guallo the pope's agent follow'd the king to gloucester , shews him the pope's care of him , pronounced excommunication against lewis , and all that took part with him ; notwithstanding which small comforts , in so many and great extremeties pressing hard upon him , most of his mercenaries left him , and either returned into their own countreys with such spoils as they had gotten , or betook themselves to the service of their countrey-men ; but he was not yet so forsaken , for that he had power enough to infest , though not to subdue his enemies , and some faith was found amongst many of his subjects , that well executed their trusts . dover castle , with a small company , held out against all the force which lewis could bring against it ; windsor castle did the like against the barons ; nottingham and lincoln castles made resolute resistance . the most fertil places of the kingdom , as about gloucester , the marches of wales , lincolnshire , cambridgeshire , norfolk , suffolk , essex , kent , and all about london , were the stages of the war , and the ruins of the kingdom were every where heard and felt ; which continuing all that summer , about the latter-end of october then next following , that distressed king , oppressed with as many sorrows as enemies , and a grief conceived for the loss of his carriages , and other necessaries of war , sunk in the sands passing the washes betwixt lyn and boston , fell sick of a burning feaver , taken ( as some writers have recorded it ) by a surfeit of eating peaches , and drinking new ale out of a cup , with the venom prick'd out of a toad put into it , given him by a monk at swinsted abbey in lincolnshire ; who , after leave given by the abbot , and assoiled or absolved from the doing thereof , was content to poyson himself , as he did ; and bringing the cup unto the king , sitting at meat , said , wassail , for never in all your lyfe drancke yee of so goode a cuppe ; to whom the king said , drincke monch ; which he doing , and the king having drunk a great draught , did set down the cup. the monk retired into the infirmatory , where his bowels brake assunder ; the king finding himself ill at ease , and his belly beginning to swell , and being told that the monk was dead , commanded the x table to be taken away , and a truss to be provided for him ; of which , vulgata fama , ranulphus cestrensis , henry de knighton , the book of st. albans , printed by caxton in the year y . in his chronicle , and mr. william pryn in his late history of the pope's usurpations in england in the reign of king john , have given a probable account , though many of the monks , and the then romish clergy , fatned and grown great by the pope's and their extravagant and never-to-be-proved authority over kings and kingdoms , were so unwilling to acknowledge it , as they did all they could to stifle and over-cast with lies the truth of it . whence , in great weakness , he ( who was so little enclined to paganism , or the religion of miramolin king of africk , morocco , and spain , or guilty of sending embassadors unto him ( after or before the surrender of his kingdoms to the pope ) with an offer to be his tributary , z and of his religion , of which , saith mr. pryn , upon a most diligent search , no vestigia or manner of evidence is to be found amongst the records of this kingdom , it being a meer scandal and slanderous invective forged against him , to make him odious ) was conveyed to newark ; where , after he had received the eucharist , and taken order for the succession of his son henry , he departed this life , and was buried at worcester ; and such a care was taken by the abbot of swinsted for the safety of the poysoning monk's soul , as five monks ( until the dissolution of that abbey , which was years after ) were from time to time stipended to sing a requiem for it . sect . iv. the many affronts , insolencies and ill usages suffered by king henry iii. until the granting of his magna charta and charta de forestae . which tragical end of king john , although it much altered the state of the kingdom , yet not as to the miseries and troubles thereof ; for king henry his son being solemnly crowned , as a king by succession , and not election , was committed to the care and tutelage of marescal earl of * pembroke , as good and wise as he was great , a main pillar of the father , and a preserver of the crown to his son ; who , with guallo the pope's legate , the bishops of winchester , bath and worcester , did work all means to bring the barons to an accord , excommunicated lewis and his adhaerents ; and caused great satisfaction in the minds of some who before were disgusted with the insolency of the french , and the more upon the confession of one of the nobility of france , who upon his death-bed ( touch'd with compunction , revealed the intention of lewis to enslave or extinguish the english nation , whom he thought not fit to be trusted , in regard that they had forsaken their sovereign lord ; which wrought so great an aversion in the english , as they who before were afraid for the shame of inconstancy , and the danger of their sons and pledges carried into france , and there remaining , did now resolve to relinquish their homage and sworn fidelity , and forsake him , and made as much hast to send him out of england , as they did to call him into it : so as after a years trouble with his wars and depraedations , and all the help the city of london could give him , he was enforced to come to an accord , quit the kingdom , take marks for the charges of his voyage , abjure his claim to the kingdom , promise by oath to procure ( as far as in him lay ) his father to restore all such provinces in france as appertained to the crown of england , and when he came to be king , to resign them in a peaceable manner . king henry taking an oath , and for him the legate and protector , to restore to the barons and other his subjects all their rights and heritages , with their liberties , for which the discords began between the late king and his people ; whereupon a general pardon was granted , and all prisoners freed on both sides . lewis , after so long abode with his army in england , being honourably attended to dover , departed the kingdom , and about michaelmas after , upon the death of his father , was received , and crowned king of france ; and guallo the legate ( well paid for his negotiation ) returning to rome , carried with him marks , ( a great sum of money in those times ; ) and no sooner had that provident protector of the kingdom the earl of pembroke * quieted the many troubles of the nation , but ( as much wanted as greatly lamented by the people ) he dyed . the bishop of winchester , with many other great councellors , being made protectors of the young king and his kingdoms , but the king of france being after requested to make restitution of what he had usurped , answered , that what he had gotten by the forfeiture of king john , upon an accusation of murdering his nephew arthur , right heir to the crown of england , he would hold . howsoever , peace being made with scotland , to whose king the king's sister being married , wales revolted , and an insurrection being made in ireland , did put the king to much trouble and charge ; who being come to some years of understanding , was in a parliament holden at london put in mind by the archbishop of canterbury , in the behalf of the state , of his oath made , and taken by others for him , upon the peace made with lewis , for confirmation of the liberties of the kingdom , for which the war was begun with his father , without which the whole state would again fall assunder ; and they would have him to know it betimes , to avoid those miserable inconveniencies which might happen : william brewere a councellor urging it to have been acted by constraint , and therefore not to be performed ; notwithstanding which , it was at that time ( being the th . year of his reign ) promised by the king to be ratified , and a commission was granted by writs unto twelve knights in every shire , to examine , what were the laws and liberties which the kingdom enjoyed under his grandfather , and return the same by a certain day ; which ( saith the learned and judicious sir henry spelman ) were never returned , or could not be found . in the mean time , the earls of albemarl , chester , and divers of the nobility , assemble together at leicester , with intent to remove from the king hubert de burgh chief-justiciar , and other officers , that hindred their motion ; but the archbishop of canterbury by his spiritual power , and the rest of the nobility , being careful to preserve the peace of the kingdom , stood to the king , and would not suffer them to proceed therein : so as they were constrained to come in and submit themselves ; and the king in parliament resumed such alienations as had been made of the lands appertaining to the crown by any of his ancestors , to the end he might live of his own , and not be chargable to the people . the next year after ( being the th . year of his reign ) * another parliament was holden at westminster , where the king required the fiftieth part of all the movables both of the clergy and laity , ( but mat. paris more probably saith the fifteenth ) for the recovering of those parts in france which had been held from the crown , being one and the same which is said in magna charta to have been granted as a grateful acknowledgment for the grant of their liberties ; which , though it concerned the estates of most of the nobility that had lands therein , would not be yielded unto , but upon confirmation of their liberties , atque his in hunc diem prosecutis archiepiscopus & concilio tota episcoporum , comitum & priorum habita deliberatione regi dedere responsum quod regis petitionibus gratunter ad quiescerent , si illas diu petitas libertates concedere voluisset , annuit itaque rex cupiditate ductus quod petebant magnates chartisque protinus conscriptis & regis sigillo munitis , ( in the next year after , * for the charters themselves bear date in the th . year of his reign ; ) and the several charters , or copies thereof , were sent to the sheriffs of every county , and twelve knights were out of every county chosen to divide the old forests from the new , and lay open all such as had been afforested since the first coronation of king henry ii. although at the same time , or a little before or after it , some of the nobility who had formerly crowned lewis of france king , and had been the cause of king john's death , ( for which they were banished the realm ) endeavouring to return into england , and to set up again the french king's interest , and domineer over the king and his faithful councellors , * by circumventing pope * honorius ; hubert de burgh , chief-justice of england the earl of chester , and seven other of the king's councellors , sent an epistle to the pope , desiring him to assist the king and them , and prevent those dangerous plots and designs . and the king having sent also his proctors to rome upon the like occasion , they returned him an account of a new confederacy * betwixt his discontented barons and the french king to invade england ; and dispossess him of the crown thereof ; adding thereunto , quod gallici praedicabant omnibus quod majores angliae * obsides offerebant de reddendo si●i terram ●um primo venire curaret ad illam adjicientes . si a●iquid in curia romana contra voluntatem regis franciae attemptaretur incontmenter rex transfretaret in angliam . nor could any such authority accrue to them , in or by those charters called magna charta , and charta forestae , granted by king henry iii. his son , which were in very many things but the exmeplaria or patterns of that of king john in the like method and tenour , containing very many liberties and great priviledges which were by king henry iii. ( as those charters do declare ) of his own free accord granted and confirmed in the th . year of his reign , * to his subjects , and people of england , liberis hominibus , free-men or free-holders , ( for otherwise it would have comprehended those multitudes of villains , bondmen and bond-women which the nation did then and long after employ and make use of , and those very many men accounted by the laws of england to be as dead men , viz. monks , fryers , priors and abbots ) to be holden to them and their heirs of him and his heirs for ever . but in those charters , or his confirmation of them , in the st . and th . year of his reign , could not procure to be inserted or recorded those clauses which they had by their terrours gained from his father in these words , viz. nullum scutagium vel auxilium ponam in regno nostro nisi per commune consilium regni nostri ad corpis , nostrum redimendum & ad primogenitum filium nostrum militem faciendum & ad primogenitam filiam nostram semel maritandam & ad hoc non fiet nisi rationabile auxilium simili modo fiat de auxiliis de civitate londinensi quod omnes aliae civitates , & burgi & villae & barones de quinque portubus & omnes portus habeant omnes libertates & omnes liberas consuetudines suas . et ad habendum commune concilium regni de auxiliis assidendis aliter quam in tribus casibus praedictis & scutagiis assidendis submoneri faciemus archiepiscopos , episcopos , abbates , comites , & majores barones regni singillatim per literas nostras . et praetereà faciemus submoneri in generali per vicecomites & ballivos nostros omnes alios qui in capite tenent de nobis ad certum diem scilicet ad terminum quadraginta dierum ad minus , & ad certum locum in omnibus literis submonitionis illius causam submonitionis illius exponemus , & sic facta submonitione negotium procedat ad diem assignatum secundum consilium eorum qui praesentes fuerint quamvis non omnes submoniti . nos non concedimus de caetero alicui quod capiat auxilium de liberis hominibus suis nisi ad corpus suum redimendum , & ad faciendum primogenitum filium suum militem , & ad primogenitam filiam suam semel maritandam & ad hoc non fiat nisi rationabile auxilium ; but were constrained to omit altogether , and forgo those clauses and provisions , which being crowded into king john's charter , were never either granted or confirmed by king henry iii. edward i. or any of our succeeding kings ; nor , as * sir henry spelman , repeating the same omissions , saith , is therein that of paying the debts of the deceased , ( probably of those that died leaving their heirs in ward ) to the jews and others ; although matthew paris so much mistakes , as to affirm that those charters of king john and his son henry iii. were * in nullo dissimiles . which well-interpreted could signifie no more , than that king john in his great necessities and troubles pressing upon his tenants in capite , the great lords and others , by taxing them proportionably according to their knights fees , they endeavoured by those charters all that they could to restrain him from any such assesments which should go further then a reasonable aid , unless in the cases there excepted ; and aim'd at no more , then that a common-councel ( which was not then called a * parliament ) should be summon'd ( not annually ) of all archbishops , bishops , abbots , earls , and greater barons ; and all the tenants in capite , being those that were most concerned therein , ( nor as our parliaments now , but only as to their aids and services , as tenants in capite ) were upon forty days notice to appear at the same time and place , given in general by the king's sheriffs and bailiffs , & sic factâ submonitione negotium procedat ad diem assignatam secundum * consilium eorum qui prae sentes fuerint , quamvis non omnes submoniti venerint , and could not be intended of our now house of commons in parliament , many years after ( first of all , and never before ) introduced or constituted : that praefiction of forty days probably first creating that opinion , which ( can never arrive unto any more then ) that every summons of such a councel or meeting was to be upon so many days notice or warning ; which mr. pryn , upon an exact observation of succeeding parliaments , hath found to be otherwise : * much of the boisterousness , haughty , and long after unquiet minds of some of those unruly barons being to be attributed to the over-strained promises and obligations of william the conquerour , ( before he was so ) to his normans , and other nations that adventured with him , upon an agreement and ordinance made in normandy before his putting to sea , ( which the king of france had in the mean time , upon charges and great allowances made unto him , undertaken to guard ) and long after , by the command of king edward iii. then warring in france in the th . year of his reign , was by sir barth . burghersh and others sent from thence in the presence of the keeper or guardian of england , and the whole estate declared in parliament as a matter of new discovery , and designs of the french happened in the traverse and success of those wars ; which probably might make the posterity of some of them ( although the ancestors of most of them had been abundantly recompenced by large shares of the conquest , gifts and honours granted by the conquerour , to a more than competent satiety , extended to the then lower ranks of his servants , souldiers , or followers ; as , that to de ferrariis , the head afterwards , and chief of a greater estate and family in england than they had in normandy ; and might be the occasion of that over-lofty answer of john de warrennis earl of surrey , in his answer to some of the justices in eyre , in the reign of king edward i. when demanded by what warrant he did hold some of his lands and liberties ? he , drawing out a rusty sword , ( which he did either wear , or had brought with him for that purpose , said , by that which he helped william the conquerour to subdue england ) so greatly to mistake themselves , as to think ( which the lineage of the famous strongbow earl of pembroke , and some eminent families of wales in the after-conquest of ireland , never adventured to do ) that the ancestors of them and others , that left their lesser estates in nòrmandy , to gain a greater in england to be added thereunto , had not come as subjects to their duke and leige-lord , but fellow-sharers and partners with him ; which they durst not ever after claim in his life-time , or the life of any of his successors before , in the greatest advantages they had of them , or the many storms and tempests of state which befel them ; but might be well content , as the words of the ordinance it self do express , * that they and their progenies should acknowledge a sovereignty unto the conquerour , their duke and king , and yield an obedience unto him and his far-fam'd posterity , as their first and continued benefactors . and those their liberties and priviledges freely granted by those charters , and not otherwise to be claimed ) were so welcome , and greatly to be esteemed by the then subjects of england * as they returned him their gratitude and thankfulness for them , in a contribution of the fifteenth part of all their moveables , with an attestation and testimony of the wiser , more noble , and powerful part of the kingdom , ( viz. the archbishop of canterbury , eleven other bishops , nineteen abbots , hubert de burgh chief-justice , ten earls , john constable of chester , and twenty-one barons , men of might and great estates ; amongst which there were of the contending and opposite party , robert fitz walter , ( who had been general of the army raised and fighting against his father ) the earls of warren , hereford , derby , warwick , chester , and albemarl , the barons of vipont and lisle , william de brewere , and gilbert de clare earl of gloucester and hertford , who afterwards fought against that king , and helped to take him prisoner , ) that those charters were given and granted unto them , and other his subjects the free-men of his kingdom , of his own free will and accord . and as to that of being not * condemned without answer or tryal , ( which in the infancy of the world was by the creator of all mankind recommended to its imitation , as the most excellent rule and pattern of justice , in the tryal and sentence of adam and eve in paradise ) are not to be found enacted or granted in king edward the confessor's laws , or the charters or laws of king henry i. the people of england having no ( or little ) reason much to value or relie upon the aforesaid charters of king john , gained indirectly , by force , about two years after his as aforesaid constrained resignation of his kingdom of england , and dominion of ireland , to hold of the pope , and church of rome , by an yearly tribute , being not much above thirty years before , and not then gone out of memory . sect . v. of the continued unhappy iealousies , troubles , and discords betwixt the discontented and ambitious barons , and king henry iii. after the granting of his magna charta and charta de forestâ . almost two years after which , the king in a parliament at oxford declaring himself to be of full age , and free to dispose of the affairs of the kingdom , cancelled and annulled the charter of the forests , as granted in his non-age , when he had no power of himself , or his seal , and therefore of no validity ; caused a proclamation to be made , that both the clergy and laity that would enjoy their liberties , should renew their charters , and have them confirmed under his new seal , paying for them according to the will of hubert de burgh , his chief-justiciar , upon whom was laid the blame of that matter ; and shortly after , the king and his brother , richard earl of cornwal , being at discord about the castle of barkhamstead , which the earl claimed to belong to his earldom ; and the earl being threatned to be arrested , fled to marlborough , where the discontented lords joyning unto him , did cause an insurrection , and required restitution to be made , without delay , of the liberties of the forests , cancelled at oxford ; otherwise he should be thereunto constrained by the sword. in anno o. of his reign , a parliament was assembled at northampton , where an agreement was made , and the lands of the earls of britain and bologne restored unto them . in the th . year of his reign , although he put out hubert de burgh , chief-justice of england , ( in which office much of the business of the lord treasurer were in those times concentered ) and severely called him to an account for debts due to him and his father , * rents and profits of all his demesne lands , since the death of william marescal earl of pembroke , in england , wales , ireland and poicteau , of the liberties of forests , warrens , county-courts , and other places , qualitèr custodiae sint vel alienatae , de priis factis pro jure suo relaxando tam in terris quàm in nobilibus , of wasts made sine commodo ipsius regis tam per guerram quam alio modo , of liberties given unto him , bishopricks and custodies , without warrant , quae pertinent ad dominum regem , of wrongs and damages done to the pope's legates and clarks , contra voluntatem domini regis per auctoritatem ipsius huberti tunc iusticiarii qui nullum concilium voluit apponere ut illa corrigerentur quod facere tenebatur ratione officii sui , de pace regis qualiter sit custodita , as well concerning homines terrae suae angliae , hyberniae , gasconiae , & pictaviae , quàm alios extraneos , de scutagiis , carucagiis , donis , & xeniis , sive custodiarum exitibus spectantibus ad coronam de maritagiis ; which he had by grant of king john the day that he dyed , & de aliis maritagis sibi traditis tempore suo & de ipsis quae ipse rex amisit per negligentiam ipsius huberti ; and so fiercely prosecuted him , as he caused him by force to be dragged from the altar in the sanctuary , imprisoned , and , as sir henry spelman saith , did afterwards charge stephen segrave with many of the like , and displaced him : yet the lords threatned , not to come to his councel , unless he would reform his errors . and in the th . year of his reign , a parliament was summon'd at oxford , whither they likewise refused to come , because they were despised by strangers ; whereupon it was decreed that they should be a second or third time summon'd , to try if they would come . after which , those refractory lords were summoned to come to a parliament at westminster , whither they denyed also to come , unless he would remove the bishop of winchester , and * the poictovins from his court ; otherwise by the common-councel of the kingdom , they sent him express word , they would expel him and his evil councellors out of the land , and deal for the creation of a new king ; whereupon pledges being required of the nobility , for security of their allegiance , no act passed in that parliament , though divers lords came thither , as the earls of cornwal , lincoln , ferrers , and others ; but in regard that the earl-marshal , the lord gilbert basset and others were not present , writs were sent to all that held by knights-service to repair to the king at gloucester by a certain day ; whither the earl-marshal and his associates refusing to come , the king , without the judgment of their peers , caused them to be proclaimed outlaws . anno o. of his reign , after two years troubles and misery , a parliament was assembled at westminster , where the king consented to call back the dis-herited lords , upon the bishops threatning to excommunicate him and his evil councellors . anno o. henry iii. a parliament was assembled at london , which the king would have there to be holden , but the barons would not come , unless it might be another place ; whereupon a place of more freedom was propounded , where many things were proposed , and order taken that all sheriffs should be removed from their offices upon complaint of corruption , and others of more integrity put in their rooms , upon their oaths not to take any gifts . when the king offering to take away the great seal of england from the bishop of chichester , * he refused to deliver it , saying , he received it by the common-councel of the kingdom , and without their assent he would not resign it . a parliament was held at london , anno o. henry iii. wherein he required the thirtieth part of the movables as well of the laity as clergy ; but it was alledged , that the people were unwilling to have it given to aliens ; whereupon the king promiseth * never more to injure the nobility , so that they would relieve him at the present , for that his treasure was exhausted ; * to which they plainly answer , that the same was done without their counsel ; neither ought they to be partakers of the punishment , who were free from the fault . howsoever , after four days consultation , the king promising to use the counsel of his natural-born subjects , and freely granting the inviolable observation of their liberties under pain of excommunication , had yielded to him the thirtieth part of all their movables , ( reserving their ready coyn , horse and armour , to be employ'd for the defence of the commonwealth ) which was ordained to be collected by four knights of every shire , who should upon their oaths receive and deliver the same into some abbey or castle , there to be reserved , that if the king should not perform his promises , it might be again restored ; upon condition often annexed , that the king should leave the counsel of aliens , and only make use of his natural subjects . yet , although he caused the earls warren and ferrers , and john fitz-geffry , to be sworn of his councel , that could not reach to a satisfaction of those that were not so willing as they ought to be satisfied : when the king also , in performance of his promise to the bishops and nobles , had in that parliament , for the salvation of his soul , and exaltation of the church , ( being of full age ) re-confirm'd the great charter of the liberties of the forests , attested by twelve bishops , eight earls , and symon de montford , and william longspee , twenty-six barons and great men , notwithstanding they were granted during his minority : complaints were made of the wast and profusion of his treasure , and great sums of money raised in his time ; and that the orders concluded in parliament were not observed , in the levying and disposing of the subsidy ; and over-strict courses had been taken in the valuation of mens estates ; william valence , the queens uncle , was grown the only man with him , and nothing was done without him ; the earl of provence , his father , ( a poor prince ) was invited to come into england , to participate of the treasure and riches thereof ; symon de montfort , a french - man born , banished out of france by queen blanch , was entertained in england , preferred secretly in marriage with the king's sister ; widow of william earl of pembroke ; the great marshal made earl of leicester , ( and steward of england ) in the right of his mother amice , daughter of blanchmains earl of leicester : which incensing many of the nobility , and in them not a few of the common people , did begin to raise a commotion , wherein they procured richard earl of cornwal , brother to the king , and heir-apparent , ( the king having then no child ) to head their party , and manage their grievances ; which , amongst many pretended , were , that he despised the counsel of his natural subjects , and followed that of the pope's legate , as if he had been the pope's feudatory ; upon which harsh remonstrance , the king having sent to sound the affections of the londoners , found them to be against him . summoned a parliament in the d . year of his reign at london , whither the lords came armed , both for their own safety , and to constrain him , if he refused , to the keeping of his promises , and reformation of his courses ; wherein , after many debatements , the king taking his oath to refer the business according to the order of certain grave men of the kingdom , articles were drawn , sealed , and publickly set up , under the seals of the legate , and divers great men ; but before any thing could be effected , symon montfort working a peace for himself with the earls of cornwal and lincoln , with whom he and the other barons had been before displeased , the earl grew cold in the business ; which the other lords perceiving , nothing more was at that time done . symon norman , called master of the king's seal , and said to be governour of the affairs of the kingdom , had the seal taken from him , and some others whom the nobility maligned , displaced . and in the same year an assassinate attempting to kill the king as he was in bed , instigated thereunto by * william de marisco the son of jeffrey de marisco , was for the fact drawn in pieces with horses , and afterwards hang'd and quarter'd . and some years after , the king having a son born , ( his brother the earl of cornwal having likewise issue ) did , by permission of the state , which before he could not obtain , undertake the cross , and with him the earl of salisbury , and many other noblemen . the earl of march , the queen-mother , and certain lords of poicteau , incited the king to make a war with france ; to which some of the english , who claimed estates therein , were very willing ; but the matter being moved in parliament , a general opposition was made against it , the great expences thereof , and the ill suceess it lately had ; and it was vehemently urged , that it was unlawful to break the truce made with the king of france , who was now too strong for them ; notwithstanding , many of the peers , in the hopes of recovering their estates , so prevailed , as an aid demanded for the same was granted ; but so ill resented by others , as all the king's supplies , from the beginning of his reign , were particularly and opprobriously remembred , as the thirteenth , fifteenth , sixteenth , thirtieth and fortieth part of all mens movables , besides carucage , hydage , escuage , escheats , amerciaments , and the like , which would , as they said , be enough to fill his coffers ; in which considerations also , and reckonings , with the pope's continual exactions , and the infinite charge of those who undertook the holy war , were not omitted ; besides , it was declared , how the thirtieth lately levyed , being ordered to be kept in certain castles , and not to be issued but by the allowance of some of the peers , was yet unspent , the king no necessary occasion for it for the use of the commonwealth , for which it was granted ; and therefore resolutely denyed to grant any more ; whereupon he came himself to the parliament , and in a submissive manner craving their aid , urged the popes letter to perswade them thereunto ; but by a vow made unto each other , all that was said was not able to remove their resolutions , insomuch as he was driven to get what he could of particular men , by gifts , or loans ; and took so great a care of his poorer subjects , at or about the same time , as he did by his writ in the d . year of his reign command william de haverhul and edward fitz-odo , that upon friday next after the feast of st. matthias , being the anniversary of eleanor queen of scotland his sister , they should cause to be fed as many poor as might be entertained in the greater hall of westminster ; and did in the same year by another writ command the said william de haverhull to feed poor at st. peters in london on the feast-day of the conversion of st. peter , and poor upon monday next after the feast of st. lucie the virgin in the great hall at westminster ; and for quiet at home whilst he should be absent in france , contracted a marriage betwixt his youngest daughter margaret , and alexander eldest son of alexander iii. king of scotland ; but his expedition in france not succeeding , his treasure consumed upon strangers , the english nobility discontented , and by the poictovins deceiving his trust , in their not supplying him with money : he was , after more than a years stay , ( the lords of england leaving him ) constrained to make a dishonourable truce with the king of france , and to return , having been relieved with much provisions out of england , and impositions for escuage , a parliament was in the th . year of his reign assembled at westminster , wherein his wars , the revolt of wales and scotland , who joyned together , and the present occasions of the necessary defence of the kingdom , being pressed , nothing could be effected without the assurance of reformation , and the due execution of laws ; whereupon he came again himself in person , and pleaded his own necessities ; but that produced no more than a desire of theirs , a to have ordained , that four of the most grave and discreet peers should be chosen as conservators of the kingdom , and sworn of the kings council both to see justice observed , and the treasure issued , and ever attend about him , or at least three or two of them : that the lord chief-justiciar and lord chancellor should be chosen by the general voices of the states assembled , or else be of the number of those four ; and that there might be two justices of the benches , two barons of the exchequer , and one justice for the jews ; and those likewise to be chosen by parliament , that as their function was publick , so should also be their election . at which time the pope sending his legate with a large power to exact money for himself , his agent was disgracefully returned , with an answer , that the kingdom was poor , the church in debt , and it was of a dangerous consequence to the state to be exposed to the will of the pope ; and therefore seeing a general councel was shortly to be held at lyons , if the church would be relieved , it were fit to be done by a general consent of that councel . and the emperour frederick at the same time , by his letters to the king , which were openly read , desiring , as he had often before , that the pope might have no supplies ou of england ; for that therewith he did oppress him , by seizing upon his castles and cities appertaining to the empire : notwithstanding his often submissions , desire of peace , and offers to refer the cause to the arbitration of the kings of england and france , and the baronage of both kingdoms ; and entreating that he might not receive a detriment , whence as a brother and friend he expected a favour , added , that if the king would be advised by him , he would by power free the kingdom from that unjust tribute which pope innocent iii. and other popes had laid upon it ; which pleasing the assembly , the business took up so much time , as ( the design of a share in the government , something like , if not worse then a co-ordination , meeting with no concessions or effect ) they only granted an aid to the king for the marriage of his daughter , s. of every knights fee , not without much ado , and repetition of all his former aids ; although at the same ( or much about that ) time they could not be ignorant that he had by his writ commanded hugh gifford and william le brun , that b upon friday next after the epiphany they should cause to be fed in the hall at windsor , ad bonum focum omnes pueros pauperes & egenos quos invenire poterint , ita quod aula impleatur si tot inveniantur . the charters were again ratified , which confirmation is printed in the perclose or latter-end of those in the th . year of that persecuted prince , after a proposal of conservators , and election of judges and lord chancellors , rejected , which was urged , and much insisted upon . after which , and his return from an expedition with great charges into scotland , a parliament was summoned , where he moved for an aid against an insurrection in wales , and for money to supply his wants , and pay his debts , which were so great , as he could not stir out of his chamber for the clamour of those to whom he ow'd money for wine , wax , and other necessaries of house-keeping : which wrought so little , as to his face they denied to grant him any thing ; and enquiry being made what revenues the romans and italians had in england , they found them to have been annually marks ; which being notified to the general councel at lyons , the pope was so vexed therewith , as he was said to have uttered these words , the king begins to frederize , it is fit that we make an end with the emperour , that we might crush these pety kings ; for the dragon once destroyed , these lesser snakes will soon be trodden down . in the d . year of his reign a parliament being convoked , he was upon requiring another aid sharply reproved for his breach of promises ; and it was alledged , that his judges were sent in circuit under pretence of justice to fleece the people ; that his needless expences amounted to above l. and advising him to recal the old lands of the crown , and pull them from his favourites , enriched with the treasure of the kingdom , told him of his oath made at his coronation . complained , that the chief-justiciar , chancellor and treasurer were not made by the common-councel of the kingdom , according as there were in the time of his magnificent predecessors ; although they could not at the same time deny him that right which was justly due unto him ; that he had by his writs c commanded the said william de haverhul and edward of westminster , quod singulis diebus à die natalis domini usque ad diem circumcisionis , computatis illis duobus diebus , impleri faciant magnam aulam regis de pauperibus ; and in the same year by his writ commanded william de haverhul his treasurer , and edward fidz-odo , to feed upon the day of edward the confessor , pauperes in magna aula westmonasterium , sicut fieri consueverunt & ipsis monachis pittanciam eodem die sicut consueverunt faciant . the king promised redress , but nothing was effected : so that after sundry meetings , and much debate , the parliament was prorogued until midsummer following ; and at the next session he tells them , that they were not to impose a servile condition upon him , or deny him that which every one of them might do , to use whom they pleased as counsel ; every master of a family might place or displace what servants he pleased ; servants were not to judge their masters , nor subjects their prince , or hold them to their conditions ; and that he that should so encline to their pleasures , should not be their king , but as their servant . and being constrained to furnish his wants with the sale of his plate and jewels , his crown of gold , and edward the confessor's shrine , and with great loss received money for them , enquired who had bought them ; whereunto answer being made , that the city of london had bought them ; d that city ( said he ) is an inexhaustible gulf : if octavius ' s treasure were to be sold , they would surely buy it . howsoever , being besides constrained to borrow l. of the city of london , he wrote to every noble-man and prelate apart , to borrow money , but got little ; the abbot of ramsay lent him l. but the abbot of burgh could not spare him so much , although the king told him , it was more alms to give unto him , than to a beggar that went from door to door . the lords in the , th . year e of his reign assembled again at london , and pressed him with his promises , that the chief-justiciar , chancellor , and treasurer should be constituted by the general councel of the kingdom ; but by reason of the absence of the earl of cornwal , nothing was done therein . the king demanding f aid of his prelates and nobility assembled in parliament , they by agreement amongst themselves stoutly denied it ; which greatly troubling him , he shewed them the note or roll what moneys some few abbots had lent unto him , with an ecce , how little it was ! with which not being able to remove their fixed resolutions , he with some anger expostulating , told them , ero nè perjurus ? juravi sacramento intransgressibili transfretans jura mea in brachio extento à rege francorum reposcam , quod sine capioso thesauro qui à vestra liberalitate procedere debet nequaquam valeo ; and that not prevailing , called aliquos sibi familiares affatus eos dit quid perniciosius exemplum aliis praebetis ? vos qui comites & barones , milites strenui , estis non deberetis etsi alii timeant , scilicet , praelati ecclesiae trepidare ; avidiores caeteris deberetis jura regni resposcere & contra injuriantes martia certamina potentèr experiri , nostram partem solidare & consolari tenetur jus nostrum quod habemus ; & quâ fronte poteritis dominum vestrum ad tàm arduum negotium reipublicae procinctum relinquere pauperem & desolatum , cum tenear promissa de transitu meo adimplere jurejurando strictius obligatus ? all which proving ineffectual , made the king to be more angry ; insomuch as jurans cum sanctorum attestatione , quod nullo revocaretur terrore nullis verborum ambagibus circumventus ab incepto proposito revocaretur , quin ' in octavis paschae naves ascendens fortunam belli in partibus transmarinis contrà francos imperteritus experiretur : & sic solutum est concilium , utrobique reposita sed occulta mentis indignatione . dispositis igitur navalibus armamentis commendataque regni custodia archiepiscopo eboracensi idus maii , dispositis legionum suarum agminibus & repletis triginta cadis desideratissimis esterlingis comitante regina fratreque suo richardo comite cum aliis septem comitibus , circiter militibus naves ascendens versus burdegalinos iter direxit prosperè velificando . after which , and many other troubles and distresses accumulated and thronging in upon him one after another , he did in the th . year of his reign send his precept to the city of london , requiring them with all their families , even to a child of years old , to come upon the sunday next after the feast sanctorum perpetuae & felicitatis unto him in the great hall of his palace of westminster , where appeared such a multitude , as the hall and yard were wonderfully crowded , quibus congregatis dominus rex humilitèr quasi lachrymis abortis , did supplicate them , that every one of them would with heart and mouth pardon the anger and ill will which they had against him , confessed that he and his ministers had often wronged them in their goods , estates and liberties , and prayed them to pardon him . which wrought so much compassion ( for the time ) in them , as , although they had no restitution , they did not think fit to repeat their sufferings : that design availing the king as little as the pity of the men , women and children of london did , when those that were fit and able to bear arms did not long after fight as well as they could against him at the battel of lewes , where he was taken prisoner , and suffered him to be carried a year and a quarter together by an army of rebels , to london and westminster , and to several other parts of the kingdom , and never offered to relieve or rescue him. in or about the th . year of the reign of king henry iii. henry de bathenia , miles literatus legum terrae peritissimus regis justiciarius & conciliarius specialis , being in parliament , diffamatus & graviter accusatus , quod sibi unimim amicus quod in unum annum domini regis subdolus supplantatur in officio justiciario sibi commisso crumenas aliorum & suas impregnatas non erubuit nec formidavit hinc inde delinquentes recipere ambidexter ; in brevi ita illico ditabatur in redditibus maneriis auro & argento ; ut nulli justiciariorum secundus videretur ; and grew so haughty in the strength and assistance of the families of the bassets and m●fords , as he almost scorned and despised every man : insomuch as the king being very angry with any that interceded for him , answered john mansel , clerk , ( much employed and favoured by him , who had offered to be his bail ) that he should stare justiciae ; that non oportet aliquem clericum pro eo fide-jussorem in tali casu reputans causam hanc esse crimen laesae majestatis , accedente igitur episcopo londinensi , & quamplurimis intercessoribus admissus est custodiae & plegio viginti quatuor militum qui pro ipso henrico responsionem & justificationem ritè & justè facerent dato termino factorum . whereupon the said henry de bathenia , vafer & circumspectus , making all the friends he could to pacifie the king , and finding nothing could prevail , made an address to the earl of cornwal the king's brother : who not prevailing , was heard to say unto some of his friends , non possumus deesse nobilibus in jure suo , nec paci regni turbantis . after all which , in the same year , by adjournment , the business of henry de bathe coming again into question in parliament , and debate , rex persequebatur undique , graviter ab adversariis suis fuerat impetitus & accusatus , rex autem ira maxima accensus contra eum qui venerat multò stipatus milite de genere uxoris suae & amicis & suis propriis accusavit ipsum gravius caeteris , imponens eidem inter caetera quod totum regnum perturbavit & barnagium universum contra ipsum regem exasperavit , unde seditio generalis imminebat fecit igitur acclamari voce praeconia londini , & in curia ut si quis aliquid haberet actionis vel querelae adversus henr ' de bathenia , veniret ad curiam ante regis praesentiam , ubi plenè exaudiretur ; insurrexerunt igitur multi queruli contra eum , ita quod unus etiam sociorum suorum , scilicet & iusticiarius , palam protestaretur quod unum faconirosum convictum & incarceratum abire permisit impunitum sine judicio opinus respectus muneribus quod factum est in regis praejudicium & justiciariorum comitum suorum periculum & discrimen . rex igitur magis inde provocatus ascendit superius , exclamavitque dicens , si quis henricum de bathenia occiderit quietus sit à morte ejus & quietum eum protestor ; & sic properè recessit rex . et fuerunt ibi multi qui in ipsum henricum irruissent , nisi domini johannis mansel prudentia eorum impetum temperans refrenasset ; dixit enim , domini mei & amici , non est necesse quod in ira prepropere dicitur prosequamur , paenitebit enim fortè dominum nostrum jam elapso irae tempore haec jutonuisse ; praeterea si aliquid violentiae ipsi henrico intuleritis , ecce episcopus londinensis , qui spiritualem & alii amici ejus militares qui vindictam exercebunt materialem ; & sic in magna parte cessavit . extunc igitur procurante efficaciter comite richardo & episcopo memorato nutius actum est cum eo , dictum enim est domino regi secretius quod mirum est quod aliquis ei curet servire cum eis post ministerium etiam mortem mittitur inferre , promissa igitur quadam pecunia summa à mortis discrimine recessit liberatus . which the king was so unwilling to be cozen'd of , as he took a care to have paid in this manner , as the record thereof will evidence , viz. rex omnibus , &c. universitas vestra ( noverit ) nos de bono corde penitus remisisse dilecto & fideli nostro henr ' de bathenia , & propriae familiae omnem indignationem & omnem rancorem quem erga ipsum henricum pro quibuscunque transgressionibus usque ad diem dominicam proximam post festum translationis beati thomae martyris , anno , &c. tricesimo quinto , ita tamen quod pro remissione illa dabit nobis praedictus henricus duo millia marcarum , unde solvet nobis ducentas marcas per annum , videlicet , in festo sancti michaelis anno eodem cent ' marc ' , & ad pasch ' prox ' sequen ' cent ' marc ' , & sic de anno in annum ad eosdem terminos cent ' marc ' donec praedicta duo millia marc ' nobis fuerint persoluta & si forsitan contigerit quod praefat ' henr ' medio tempore in fata concesserit , antequam praedicta pecunia nobis fuerit persoluta , haeredes sui eandem solutionem facient ad eosdem terminos sicut praedictum est & perdonationis eidem henr ' amerciamentum in quod incidit per attinctam quam thomas de muleton arramavit versus ipsum de ten ' in holbech & querpilan ' idem etiam henr ' juri omnibus de eo conqueri volentibus etiam nobis in curia nostra , secundum legem & consuetudinem regni nostri , in cujus , &c. teste rege apud wodestock , octavo die julii , t. johanne mansel , & richardo fil nicholai . in the mean time , lewis king of france warring in the holy-land , and being taken prisoner , the pope solicited him to take upon him the cross to rescue him , alphonsus the king of castile undertaking to accompany him , and the captive king offering to restore normandy to the king of england for his assistance ; which the french disdaining , and undertaking themselves to procure his ransom , upon the pope's granting a tenth to be leavied upon the clergy and laity for three years : the king undertakes notwithstanding the cross , upon the hopes of getting the money , ( which , h saith matthew paris , being collected , would have amounted unto l. ) as was then believed , more than to perform his promise . whereupon shortly after a parliament was holden about the tenth granted by the pope for the recovery of the holy-land : where the bishops , notwithstanding that he had for the ease of his subjects severely accused in parliament henry de bathonia , one of his justices , for receiving of bribes , were first dealt withal , absolutely denied it ; and the lords alledging they would do as the bishops did , the city of london was again compelled to the contribution of l. the gascoigns likely to revolt , if a speedy remedy were not provided , general musters were made , and command given , that every one that could dispend l. per annum , should furnish out an horseman ; which , together with his extreme wants , occasioned another parliament , who finding it to be better for the people to do it in the usual way , than force him to those extravagant ( as they call'd them ) courses which he took , were , after fifteen days consultation , in the th . year of his reign , ( although they could not be then ignorant that he had but lately grievously punished and expelled the caursini , the pope's bankers , or money-collectors and brokers , and could not deny his own wants , which appeared in the pawning of his jewels and ornaments ; and in the end , as sir robert cotton ( if he were the author of the short view of that king's life and reign ) hath recorded it , had not means to defray the diet of his court , but was constrained to i break up house-keeping , and ( as mat. paris saith ) with his queen , cum abba●ibus & prioribus satis humilitèr hospitia & prandia quaerere ) to satisfie the king's necessities : but so as the reformation of the grievances , and ratification of their laws , might be once again solemnly confirmed . a tenth was granted by the clergy for three years , to be distributed by the view of certain lords ; and three marks scutage for every knights fee to be charged upon the laity for that year : insomuch as those often-confirmed charters were again agreed to be ratified in the most solemn and religious way that relion and state could ever devise to have it done , k after this manner , viz. the king , ( who in all excommunications was , with the lords temporal , by the laws and reasonable customs of england , to give their assent before it could sortiri effectum , or have any validity ) with many of the great nobility of england , all the bishops and chief prelates in their reverend ornaments , with candles or tapers in their hands , walking in a direful procession through westminster hall into the abbey-church of westminster , there to hear the terrible sentence of excommunication pronounced against the infringers of the aforesaid charters granted by him . at the lighting of which candles the king having received one in his hand , gave it to a prelate that stood by him ; saying , it becomes not me , being no priest , to hold the candle , my heart shall bear a greater testimony ; and withal laid his hand upon his breast the whole time that the sentence was reading , which was pronounced autoritate de omni potentis , &c. which done , he caused the charter , of king john his father , granted by his free consent , to be likewise openly read , and the rest of the company throwing away their candles , which lay smoaking on the ground ; all cried out , so let them who incur the sentence , be extinct , and stink in hell : the king with a loud voice , saying , as god me help , i will , as i am a man , a christian , a knight , a king crowned and anointed , inviolably observe those things ; which ceremony ended , the bells rung out , and all the people shouted with joy . but it is not to be forgotten ( although matthew paris , samuel daniel , and all other writers but mr. william pryn make no mention of it ) in this astonishing and dreadful ceremony , in the like whereof never were laws ( saith mr. daniel ) amongst men ( except the decalogue from mount-sinai ) promulgated , and pronounced with more majesty of ceremony , to make them heeded , reverenced , and respected , than were those that wanted thundring and lightning from heaven : acompanied with an earth-quake shaking the very foundations thereof . the king did not desert his own regal rights , and preheminencies ; but did at the same time , when in that dreadful manner , he joyned in the pronunciation of that sentence of excommunication with his own mouth publickly , except out of it all the ancient and accustomed liberties of the realm , and the dignities and rights of the crown ; and the same day caused a record thereof to be made , yet extant in the tower of london in these words , viz. noverint universi quòd dominus henricus rex angliae illustis r. comes norf. & marshallus angliae , h. comes horeford , & essex , j. comes de warren , petrus de sabaudia , caeterique magnates angliae concesserunt in sententiam excommunicationis generaliter latam apud westmonasterium tertio decimo die maii anno regni regis predicti . in hac forma , scilicet , quòd vinculo praefatae sententiae ligentur omnes venientes contrà libertates contentas in ehartis communium libertatum angliae , & de foresta , & omnes qui libertates ecclesiae angicanae temporibus domini regis & praedecessorum suorum regum angliae optentas & usitatas scienter & malitiosè violaverint aut infringere praesumpserint , & omnes illi qui pacem domini regis & regni perturbaverint & similiter omnes qui jura & libertates domini regis & regni diminuere , infringere , seu immutare praesumpserint & quòd omnes venientes contrà praemissa vel eorum aliqua ignoranter & legitimè moniti infra quindenam post monitionem praemissam dictam transgressionem non emendaverint ex tunc praedictae sententiae excommunicationis subjacebunt ità tamen quod dominus rex transgressionem illam per considerationem curiae suae faciat emendari , sciendum autem quod si in scriptis super eadem sententia à quibuscunque confectis seu conficiendis aliud vel alitèr appositum vel adjectum fuerit aut articuli aliqui alii in eis contenti inveniantur , dominus rex & praedicti magnates omnes & communicatas populi protestantur publicè in praesentiâ venerabilium patrum b. dei gratiâ cantuariensis archiepiscopi totius angliae primatis , nec non & episcoporum omnium in eodem colloquio existentium , quòd in ea nunquam consenserunt , nec consentiunt , sed de plano eis contradicunt , praetere à praefatus dominus rex in prolatione praefat ' sententiae omnes libertates consuetudines regni sui autiquas & usitates & dignitates , & jura coronae suae ore proprio specialiter sibi & regno suo salvavit & excepit . in cujus rei memoriam , & in posterum veritatis testimonium , tàm dominus rex , quam praedicti comites , ad instantiam aliorum magnatum & populi , praesenti scripto sigilla sua apposuerunt . gascoign , a great province in france , having been , before the king had any son , granted by him , by the counsel of the lords , to his brother richard earl of cornwal , who was there received as their lord , and so continued , until the king had issue of his own : after which , revoking his grant , and conferring it upon his son edward , the earl , though he were deprived of his possession , not being willing to forgo his right , the king in great displeasure commanded him to resign his charter : which he refusing to do , the citizens of burdeaux were commanded to take and imprison , but would not adventure thereon ; notwithstanding , money being offered , and like to effect more than his command , the earl , in danger to be surprized , came over into england ; whereupon the king assembled the nobility of gascoign , promised them marks to renounce their homage and fealty to his brother ; which being not accepted , he sent symon montfort earl of leicester , ( a rough and martial man ) in revenge thereof , to be their governour under him for six years , and furnished him with marks in order thereto : whom montfort , by a stern government , so discontented , as they and the archbishop of burdeaux accused him of heinous crimes , which was a cause of montford s sending for over . and the king , resolute in maintaining the gascoigners , that sturdy earl montfort , who had forgotten that he was an alien himself , and had received of the king large gifts , preferments , and honours both in france and england , ( unto whom the earl of cornwal , with the discontented part of the english baronage , joyning ) complained as much of the aliens , viz. william of valence , earl of pembroke , guy de lusignan , the king's half-brothers by his mother , and the many french and poictovins , that over-much governed him , and his counsels , as they did again complain of the breach of the great charter , which was seldom omitted out of the reer of their grievances ; which at last came to such an undutiful contest , as montfort upbraiding the king with his expenceful service , wherein he alledged he had utterly consumed his estate , and said that he had broken his word with him : the king in great rage told him , that no promise was to be observed with an unworthy traytor ; wherewith montfort rose up , and protested , that he lyed in that word ; and , were he not protected by his royal dignity , he would make him repent it . the king commanded his servants to lay hold of him , which the lords would not permit ; wherewith montfort growing more audacious , the king told him , he never repented of any thing so much , as to have permitted him to enter into his kingdom , and to have honoured and instated him as he had done . but shortly after , the gascoigns being again encouraged by the king against montfort , and that province given to his son edward , and montfort sent thither a governour again , though with clipt wings , grows enflamed as much , as the gascoigns were one against another ; but montfort , by his great alliance with france , overcame them : who in the th . year of the king's reign , being discharged of the government , retired from thence , and refusing an offered entertainment by the french king , returned into england ; where the king , besides gascoigny , having given ireland , wales , bristol , stamford , and grantham to the prince , and consumed all that ever he could get in that and the former expeditions which he had made , which was reckoned to have cost him twenty seven hundred thousand pounds , which were said to have been more than the lands endeavoured to have been regained were worth , if they were to be sold. a parliament was called in easter-term following , which brought a return of grievances , and complaints of the breach of charters , and a demand for former pretended rights in electing the justiciar , chancellor , and treasurer ; whereupon , after much debate to no purpose , the parliament was prorogued until michaelmas next after , when likewise the king's motion for money was disappointed , by reason of the absence of many peers , being not ( as was alledged ) summoned according to magna charta . in the mean time the pope , to destroy manfred son to the emperour frederick , who was in possession of the kingdom of sicily and apulia , sent the bishop of bononia with a ring of investiture of the kindom of sicily to edmond the king's second son , ( with the hopes of which his praedecessor innocent iv. had before deluded the king himself . ) and the king being offered to be absolved from his oath of undertaking the holy wars , so as he would help to destroy manfred the emperour frederick's son , who being victorious , had no mind to be so ill used . the legate returned with great gifts , and a prebendary of york , but could not obtain his design of collecting the tenths in england , scotland , and ireland , to the use of the pope and the king ; for that the clergy growing jealous , m that the 〈…〉 g and the pope were confederate therein , protested rather to lose their lives and livings , than to be made a prey to either : the pope in the mean time having upon that vain hope , cunningly wrapt him in an obligation of marks . upon complaint of the gascoigns , who were under the government of the prince , that their wines were taken away by the king's officers , without due satisfaction ; and the prince thereupon addressing himself to his father in their behalf ; and the officers , in excuse of themselves , informing the king , that the prince took upon him to do justice therein , when it belonged not to him : the king was put in a great rage , and said , behold , my son and my brother are bent to afflict me , as my grand-father king henry ii. was . and being put to his shifts to supply his necessities , came himself into his exchequer , and with his own mouth pronounced and made orders for the better bringing in of his revenues , farms , and amerciaments , under severe penalties , that every sheriff which appeared not yearly there in the octaves of st. michael , with his money , as well of his farms and amerciaments , as other dues , for the first day should be amerced five marks , for the second ten , for the third fifteen , and for the fourth should be redeemed at the king's pleasure ; all cities and freedoms to be amerced in the same manner , and the fourth day making default , were to lose their freedoms ; the sheriffs amerced five marks for not distraining upon every man that having l. lands per annum , came not to be made knight , unless he had before been freed by the king : and by examinations of measures of ale and wine , bushels and weights , got some small sums of money ; and about the time of richard earl of cornwal's going to germany , ( where he was , by the privity and approbation of the councel of state in england , elected king of the romans ) called a parliament : where bringing his son edmond clad in an apuleian-habit , he said , behold my son edmond , whom god hath called to the dignity of regal excellency : how fitting and worthy is he of your favour ; and how inhumane were it , in so important a necessity , to deny him counsel and aid ! and shewed them how , by the advice and benignity of the pope and the church of england , he had , for the obtaining of the kingdom of sicily , bound himself under the penalty or covenant of losing the kingdom of england , in the sum of marks ; and had obtained the tenth of the clergy of all their benefices for three years , according to the new rates , without deduction of expences ; besides their first-fruits for three years : whereupon , after many excuses of poverty , they promised , upon the usual condition of confirmation of magna charta , to give him marks ; but that not satisfying , the next year another parliament was holden at london ; where he pressing them again for money to pay his debts , the lords told him plainly , they would not yield to give him any thing ; and if he unadvisedly bought the kingdom of ●icilly , and was deceived in it , he was to blame himself therein ; and repeating their old grievances , the breach of his promise , contempt of the power of the church , and the charter which he had solemnly sworn to observe , with the insolency of strangers , ( especially of william de valence , who most reproachfully had given the lye to the earl of leicester , for which he could not , upon complaint to the king , have right done him ) how they abounded in riches , and himself so poor , as he could not repress an insurrection of the welsh : the king thereupon promised , by his oath taken upon the tomb of st. edward , to reform all his errours . but the lords , in regard the business was difficult , got the parliament to be adjourned to oxford ; and in the mean time the earls of gloucester , hereford , the earl marshal , bigod , spencer , and other great men , confederated and provided by strength to effect their desires . the king n driven into necessities , did , the better to appease those often-complain'd-of grievances , when his own were burthen enough , by his writs or commissions sent into every county of england , appoint quatuor milites qui considerarent quot & quantis gravaminibus simpliciores à fortioribus opprimuntur & inquirent diligenter de singulis querelis & injuriis à quocunque factis , vel à quibuscunque illatis à multis retroactis temporibus & omnia requisita sub sigillis suis se cùm baronagio ad tempus sibi per breve praefixum certificent ; which by any record or history do not appear ( saith o sir henry spelman ) to have been ever certified . and to obtain money , procured the abbot of westminster to get his convent to joyn with him as his surety in a bond for marks ; sent simon paslieu , his trusty councellor , with letters to other monasteries to do the like , but they refused . and the prince participating in the wants of his father , was for want of money constrained to mortgage the towns of stanford , benham , and other lands , to william de valence . so that upon the aforesaid adjournment , and meeting of the parliament at oxford , in the d year of his reign , brake out those great discontents which had been so long in gathering ; whither the lords brought with them great numbers of their tenants by knights-service , p ( which were many ) followers , dependants , and adhaerents , upon a pretence of aiding the king , and going against the welsh : where , after they had secured the ports , to prevent foreign aids , and the gates of the city of london , with their oaths and hands given to each other not to desist until they had obtain their ends , began to expostulate their former liberties , and require the performance according to the oaths and orders formerly made ; the chief-iusticiar , chancellor and treasurer to be ordained by publick choice ; the twenty four conservators of the kingdom to be confirmed , twelve by the election of the lords , and twelve by the king , with whatsoever else might be advantageous for their own security ; whereupon the king , seeing their strength , and in what manner they required those things , did swear again solemnly to the confirmation of them , and caused the prince to take the same oath . of which q treasonable contrivances , matthew of westminster , ( an ancient english historian of good credit ) hath recorded his opinion in these words : haec de provisionibus imò de proditionibus oxon ▪ dicta sufficiant . and here yet they would not rest , the king's brethren , the poictovins , and all other strangers , were to be presently removed , the kingdom cleared of them , and all the peers of the land sworn to see it done . the earl of cornwal's eldest son refusing to take the oath without leave of his father , was plainly told , that if his father would not consent with the baronage in that case , he should not hold a furrow of land in england . in the end , the king's brethren and their followers were despoiled of all their fortunes , and banished by order under his own hand , with a charge not to pass with any money , arms or ornaments , other than such as the earls of hereford and surrey should allow and appoint ; with an injunction to the city of bristol , or any other ports , not to permit any strangers , or kinsmen of his , to come into england , but such only as the king and the lords should like . the poictovins landing at boloign , had much-a-do to gain passage into their own countreys , by reason that henry de montfort , son to the earl of leicester , whose power was very great in france , had followed them thither . rumours were spread amongst the people in england , that the earl of gloucester was attempted to have been poyson'd ; and one of his servants executed , upon no other proof but presumption ; and every one that would complain of the poictovins , wanted no encouragement . richard gray , whom the lords had made captain of the castle of dover , intercepted as much as he could of what the poictovins carried over , and enriched himself thereby . the new chief-justice hugh bigod , brother to the earl marshal , being chosen in the last parliament by publick voice , procured an order , that four knights in every shire should enquire of the poor oppressed by great men , and certifie the same to the baronage under their hands and seals ; which were never found to have been certified ; and made an order , that no man should give any thing ( besides provisions ) for justice , or to hinder the same ; and that both the corrupter and corrupted should be grievously punished . notwithstanding which pretended care , the lords enforceing the service of the king's tenants which dwelt near unto them , were as totidem tyranni , furnished the especial fortresses of the kingdom with garrisons of their own , sworn to the common state ; and took the like assurance of all sheriffs , bailiffs , coroners , and other publick ministers , with strict commissions upon oath to examine their behaviour . and to make the king and his actions the more odious , and their own more popular , it was rumoured , that the king's necessities must be repaired out of the estates of his people ; and he must not want , whilst they had it . whereupon the king , to defend himself from such scandals , was constrained to publish his declaration , to desire the people to give no credit to such false suggestions ; for that he was ready to defend all rights and customs due unto them . howsoever , montfort , gloucester and spencer , who had by the late constitution of the twenty-four conservators drawn the entire managing of the kingdom into their hands , enforced the king to call a parliament at london , where the authority of the twenty-four conservators was placed in themselves , and order taken that three at the least should attend at the court , to dispose of the custody of castles , and other business of the kingdom , of the chancellor , chief-justiciar , treasurer , and all other officers great and small , and bound the king r to release to them their legal obedience , whensoever he infringed his charter . in the mean time , the earl of cornwal , king of the romans , being dispossest of that kingdom , or not well liking it , returning into england , the barons send to know the cause of his coming , and require of him an oath before he should land , not to prejudice their late established orders of the kingdom ; which he sternly refused , saying , he had no peer in england , being the son and brother of a king , and was above their power ; and if they would have reformed the kingdom , they ought first to have sent for him , and not so presumptuously have attempted a business of so high a nature . the lords , upon return of such an answer , sent to guard the ports , came strongly to the coast , prepared to encounter him , and the s king , queen , and their son edmond , in a more loving manner go to dover to receive him ; but neither they nor the earl of cornwal were by them permitted to enter into the castle , for that it was the chief fortress of the kingdom . but finding the earl of cornwal's train small , they suffered him to land ; and did , upon his promise to take the propounded oath , bring him and the king into the chapter-house at canterbury : where the earl of gloucester . standing forth in the midst , in the presence of the king , called forth the earl , not by the name of king , but earl of cornwal ; who in reverend manner coming forth , took his oath , that he would be faithful and diligent with the barons to reform the kingdom , by the counsel of wicked persons over-much disordered ; and to be an effectual coadjutor to expel rebels , and disturbers of the same , under pain of losing all the lands which he held in england . after which , both parties strengthening themselves all they could , the king for the assurance of the king of france , ex praecepto & consilio domini regis angliae , & totius baronagii , sent the earls of t gloucester leicester , peter de subaudia , john mansel , and robert walerand , to the parliament of paris , de arduis negotiis regna angliae & franciae contingentibus , carrying with them a resignation of the dutchy of normandy , and the earldoms of anjou , poicteau , turaine , and mayne , for which the king of france was to give him three hundred thousand pounds , with a grant of all guyen beyond the river of garonna , all the river of xantoigne to the river of charente , and the counties of limosin and quercy , to him and his successors , dong his homage and fealty to the crown of france , as a duke of aquitain , and a peer of that kingdom . after whose return , montfort , as he had incensed others , so had he those that animated him against the king ; as , walter bishop of worcester , and robert bishop of lincoln , who enjoyned him upon the remission of his sins , to prosecute the cause unto death ; affirming , that the peace of the church of england would never be established , but by the sword. but the people being oppressed and tired at length with those commotions , part-takings and discords , which , by the provisions wrested from the king at oxford , and so many mischiefs and inconveniencies , had harassed , and almost ruined them , and did help to increase rather than decrease those troubles and controversies which afflicted the nation : it having never been easie to bring those that were to be governed , to rule with any modesty or moderation those that had enjoyed a governing power in authority , established and appointed by god , in a well-temper'd monarchy , and succession for many ages ; or those that were to govern , to obey the giddy and unjust dictates of those who were to obey them ; or to unite in any contenting harmony the various ambitions , envies , revenges , hatreds , partialities , self-interests , and designs of many , or a multitude ; or such enforcements and contrivances to be lasting , durable , or pleasing ; and that all could not well rule , or agree how to do it . u the king and queen keeping their christmas in the tower of london , cum suis consiliariis , ( saith matthew paris ) elaboratum fuit tam à regni angliae pontificibus quam à regni franciae , ut pax reformaretur inter regem angliae & barones , ventumque est ad illud , ut rex & proceres se submiserunt ordinationi regis franciae , in praemissis provisionibus oxoniae , nec non pro depraedationibus & damnis utrobique illatis , who had been so good a friend to the rebellious barons , and so great a favourer of them , as after his expulsion out of england , whither they had invited him , toaid and assist them against k. john , and an agreement made with k. henry iii. his son , to restore unto him the dutchy of normandy , and the other provinces which he had from him in france , as he denied to re-deliver them , until the liberties claimed by the english barons , his old friends , should be confirmed unto them , by whose quarrels with their sovereigns , he had gained many great advantages , to the wrong and damage of the crown of england . and was all the while a very great enemy both to the king and his father , who notwithstanding was with the prince his son. richard earl of cornwal , king of the romans , with others of the loyal nobility of the kings part ; and the contending rebellious lords of the other side , by mutual oaths , tactis sacrosanctis evangeliis , in the th . year of his reign , did undertake to perform and abide by his award , so as it were made and pronounced betwixt that and the feast of pentecost then next ensuing : unto which none of the commons of england do appear to have been parties . whereupon the w king of france taking upon him the said arbitration , congregato in crastino sancti vincentii ambiomis populo penè innumerabili coram episcopis , & comitibus , aliisque francorum proceribus solemniter dedit sententiam pro rege angliae contra barones statutis oxoniae , provisionibus , ordinationibus , ac obligationibus penitus annullatis , hoc excepto quod antiquas chartas regis johannis angliae universitati concessas per illam sententiam in nullo intendebat penitùs derogare . and made his award accordingly in writing : an exemplification or x authentick copy whereof is yet to be seen amongst the records in his now majesty's treasury at westminster . quae quidem exceptio comitem leicestriae , & coeteros qui habebunt sensus exercitatos ( saith matthew paris ) compulit in praeposito tenere firmitèr statuta oxoniae que fundata fuerant super illam chartam . et eo tempore redierint à francia qui parliamento , regis francia interfuerant , rex , videlicet , angliae henricus , & regina eleanora , archiepiscopus cantuariensis bonifacius , petrus herefordensis episcopus , & johannes mansel ; qui baronibus , ( saith that monk of st. albans ) mala quanta potuerunt , non cessabant machinari . which exception could neither absolve them from their oaths so solemnly taken to perform the award which the king of france had made , or purge them from their former and after rebellions against king henry iii. or their ill usage of him . sect . vi. that the exceptions mentioned in the king of france's award of the charter granted by king john , could not invalidate the whole award , or justifie the provisions made at oxford , which was the principal matter referred unto him . for that the contrivance of the twenty-four conservators , and what else was y added thereunto by the aforesaid provisions and constrained ordinances made at oxford , was never any part of the magna charta , or the charta de foresta , enforced from king john , but a security seperate and collateral thereunto , framed and devised at the same time , for the better observation and performance of those charters , which the preamble of that security , ( of which matthew paris hath at large left unto posterity an exemplar ) may abundantly evidence , in the words following , ( viz. ) cum autem pro deo & ad emendationem regni nostri & ad melius sopiendam discordiam , inter nos & barones nostros , haec omnia concessimus volentes ea integra & firma stabilitate gaudere facimus & concedimus eis securitatem subscriptam , viz. quod barones eligant viginti quinque barones de regno nostros quos voluerint , &c. and doth greatly differ , both in the material and formal parts thereof , from the provisions afterwards enforced at oxford , as by a just collation and comparison of that collateral security with those provisions , may appear : where care is taken but for twenty-four conservators , twelve to be chosen by the king , and twelve by those factious lords , who would likewise engross to themselves and their party the nomination of the chancellor , treasurer , two chief-justices , two of the justices of both the benches , and barons of the exchequer , and have the making of the chief-justice of the iews ; to which the king and his son the prince were sworn ; but to the running-mead unkingly shackles or security , the king and those masterly barons were only sworn , and that not thought sufficient , without some principal castles of the kings were to be put into hands of those conservators ; and that upon complaint made to the king or his chief-justice , if reformation were not made within a time limited ; the conservators and the common people were to distrain , & gravere eum , ( which would amount to a licensed rebellion ) with a salvis personis only of the king and his queen and children ; all the great men of the kingdom , and the common people , and as many as would , being also to take their oaths to be aiding and assisting to those conservators , ( in a kind or much resembling the late association ) who were themselves to take their oaths well and truly to execute their multiplied kingships , and clip , as much as they could , the more just authority and rights of their sovereign : but in those of oxford there was so much kindness shewed to themselves , and care taken of their own tender consciences , as not to be sworn at all , and must needs be an excellent contrivance for the invisible good of the kingdom , and a rare performance of their homage , fealty , and oaths of allegiance , to take the power and authority from a king , which should enable him to perform his magna charta , and charta de foresta , freely granted unto them , and put it into their own hands to break those charters and his oaths , and to protect and do justice unto his people , as oft as their malice , ambitious envies , avarice , revenge , interests , designs , corruptions , or domineering passions of themselves and their wives , ( being not a few in number ) and their numerous adhaerents , should incite or persuade them unto ; and were so confident of their over-ruling party , no provision being at all made in those which were made at oxford , if any discords should arise in the election of the one twelve , or the other ; or in the continuance of their agreements together , shares , or parts in the government of their king and fellow-subjects , as believing that the power of the twelve barons chosen by themselves , would be either praedominant over the twelve which were to be named by the king , or their newly-usurped authority would be so complaisant and well-pleasing unto all the twenty-four , as flattery , fear or interest would so quiet any ( to be supposed ) discords , as they should not need to fall out at a feast , or divide , disturb , or destroy themselves by factions : the security given at running-mead ordaining only twenty-five conservators , without any election of a part or moity of them by the king , and to be upon occasion of any breach or offence done by the king or his justiciar , ergà aliquem in aliquo , vel aliquem articulorum pacis vel securitatis , ( which clearly divides the security or conservatorships , from the articles of peace and charters compelled at running-mead , as far asunder as a disjunctive , or matters of another nature , sense , or purpose could effect ) reduced to four , and that which was referred to the king of france , neither king john's charter , nor the collateral enforced security , by the power of a rebellious and unruly army , when he had but seven knights to stand by him , and was over-aw'd by a clergy claiming to be independant of him , and out of the power and coertion of his laws ; had the pope's . legate at their elbow , and his afrighting pretence of god-like omnipotency , with their threatning to excommunicate him and his councellors , and all that should adhere unto him ; and , as if that had not been enough , practising and plotting with a discontented powerful party of the barons against him : but singly and seperately , that which was the present controversie , & cardo quaestionis , were the provisions made at oxford , where per mensem integrum persistebant consilits & armis ; of which , and the z reference to the french king thereupon , henry knighton ( an author much enclin'd to the contending part of the baronage ) gives us an account in these words : publicatis statutis & executioni demandatis , displicuerunt multa regi & paenituit eum sic jurâsse sed quia resistere non potuit , ex arrupto dissimulavit ad tempus , cùmque elapso anno non videret se ut promiserant à debitis relevari , ( which henry knighton affirmeth they promised ) sed magis onerari , in multum condoluit , & missis ad papam nuntiis quoad sacramentum praestitum absolutionis beneficium consecutus est , & quoad se & suos omnes absolvit et●am papa indifferenter omnes ab eodem juramento , ut citiùs inter se in vinculo pacis unirent , siatimque absolutione opteniâ resilivit rex à praemissis , & convocato parliamento suo oxoniae quaestionem movit magnatibus suis , se quantùm ad provisiones tenendas callidè quidem inductum & seductum , in super quod ad sacramentum praestitum , & pro se & suis universalitèr omnibus absolutionis benificium generalitèr impetrâsse unde petiit se ad omnia restituti , sicut antiquitùs esse consuevit . at illi qui convenerant comes , scilicet , leicestrensis symon de montforti , comes gloucestriae gilbertus de clara , humfridus de boun juvenis , comes ferarensis ; barones etiam quam plurimi , scilicet , dominus filius johannis , dominus henricus de hastinges , dominus galfridus de lucy , johannes de vescy juvenis , dominus nicholaus de segrave , hugo le spencer , & robertus de vesponte , ( no commons ) pro se siquidem & suis sequacibus unanimitèr respenderunt quòd provisiones ad quas juramento astricti fuerant usque in finem vitae tenere voluerunt eò quòd pro utilitate regis , & regni communiter editae fuerant & confirmatae . dumque vota a sua sic mutassent in varia impacata recedere voluissent , quidam episcopi aderant qui interposuerunt partes suas ità quòd ipsis & aliis amicis communibus sic cum difficuliate mediantibus compromiserunt partes utrimque se velle stare in omnibus arbitrio regis franciae . qui quidem rix auditis hinc inde propositis & diligenter ponderatis decrevit in fine regi angliae exhaereditationem fieri manifestam , unde statuta eorum quasi omnia reprobavit , & eidem regi statum pristinum restitui , imponens aliis silentium quantum ad jura regalia ordinanda . motique magnates & indignantes necesserunt stare nolentes ejus arbitrio , ●ò quòd pro rege omnia rex ipse adjudicavit . wherein the charters of king john , either as to the forests , or concerning the other lands , liberties and estates of the bishops , abbots , priors , earls , barons and free-men of england , or any the controversies raised thereupon , do not appear to be any part of the matters referred to the king of france's arbitration , neither are in his award thereupon mentioned , in the transcript thereof , remaining amongst his majesty's records , or declared by matthew paris , or henry knighton ) to be any parcel of the controversies referred unto him , or inducing the same ; for the charter of king john , therein by matthew paris said to be excepted , is in the singular number , and distinguishable from that of the forests , and cannot howsoever , in any probability , be intended to be the aforesaid collateral over-binding security , nor could that be comprehended under that notion ; for the charters granted by king john have nothing therein of the after-provisions made at oxford , which were not in his said charters mentioned , nor can be accounted the same , when they were not then existent , but were framed , hatched and brought forth forty-three years after the charters gain d at running mead , which were not the same with that seperate and collateral bond , or unfitting security , wherein the king , besides those charters , did covenant to expell all aliens and strangers out of the kingdom , & omnes ruptarios , breakers of the peace thereof , ( some of which were therein particularly named ) qui sunt ad nocumentum regni , granted a general pardon omnibus clericis & laicis , of all offences committed by reason of the said troubles and discords from easter before , ( which was in the ● th . year of his reign ) to the making of that pacification ; and moreover , gave unto them the letters testimonials and patents of the archbishops of canterbury and dublin , pandulphus the pope's legate , and other bishops , super securitate ista concessionibus praedictis , the charters being only a grant of the king 's to to the bishops , earls and barons , and the rest of the freemen and subjects of england , not as if they were before free and exempt from the just monarchical and regal government , but contra-distinguished from bond-men and bond-women , copy-holders , servants , &c. ) which needed no oaths from the grantees , or those which might be glad to receive the benefits and liberties granted thereby . for the contrivance of that fatal and too-long-lasting seminary of sedition and discord betwixt the king and those barons , and that unfitting security to pacifie their unbecoming jealousies , being no part of the charters granted by king john , were but as covenants and promises extorted from an over affrighted and distressed prince , and were not the same upon which the provisions of oxford were founded , nor incorporate in them . so that the provisions made at oxford must needs be those , and none other , which the king of france and his parliament and great council , upon so grand and deliberate a hearing , declared to be null and void , as derogatory to kingly government , and amounting to a total dis-herison of the king therein ; and if they were not those provisions , the maintainers of any such opinion are to shew what other provisions made at oxford in the reign of king henry iii. were referred unto him , or condemned by him . it being not to be understood by any , that will not make their ignorance , self-conceitedness , designs and evil purposes to be the rules of their reason , that the exception of king john's charter was to be extended to the collateral security , and when they have sweat and laboured at it beyond any the rules of reason and learning , will never be able to entice or draw any religious , good , wise or learned men to subscribe to such a paradox , that twenty-five conservatorships should be intended or understood to be only twenty-four , and those subcommitted to four ; that the king 's putting into his rebellious barons hands four of the strongest castles which he had , as pledges and security , with power for all that would to take oaths , to distrain and take arms , and set the common people upon him : were , or are within the true meaning or construction of that magna charta ; or that it was ever within the meaning , intention , or words of that magna charta , granted by him unto his subjects , to be holden of him and his heirs in capite , that the word or notion of liberties mentioned therein , should or could beget a law , rule , or custom , that those that were the grantees , and to be governed , should rule their governours , ( which no where appeareth to be consonant to that reason , iustice and order which god himself praescribed , and gave as a rule for the better ordering of the sons of men and all their generation ; ) or that the granter of those liberties in those charters , did thereby ever intend , or so express , or understand , that by the grant of those liberties and benefits , the subjects of england were entituled to a right or authority to govern their king ; and if he do not therein behave himself according to the interests or votes of a giddy multitude , ( who are as seldom to be pleased , as they are to be brought into one and the same opinion , humour , interest , or design ) should be vested with a power or authority to compel him . when no histories , annals , or records of the nation , or writer new or old , ( except such as had been fooled and infatuated by jesuitical principles , fitted and dress'd up for some wickedly silly presbyters and fanaticks , in the time of that popular frenzy in england , betwixt the years and , and drank deep of that circaean cup , and intoxicated themselves with the ungodly gains of rebellion against their sovereign , by murder , plunder , and sequestration of him , and their more loyal and honest fellow-subjects ) can tell us any news of such rights and liberties , or inform us where any such were granted , duly registred or authenticated , other than in or by the records or memorials of wat tyler , jack cade , ket , and their rabble-rout . nor was it probable that so great a council of wise or learned men should in the penning or wording the king of france's aforesaid decree or award , in or with the exception of king john's charter , so much err , if they had understood that it had made void the whole award , or that the pope would have confirmed a nothing , or such an award as should signifie no more ; or that the opposite barons would have taken it so ill , or believed that it had been so much against them , as henry knighton related it , that the king of france had awarded all for the king , if they had not understood the aforesaid provisions made at oxford to have been , ipso facto , null and void ; neither can it by any men of law , reason or learning be adjudged , that that award could be as to the whole a nullity , by reason of that exception , when the civil or caesarean law , that excellent method of universal reason , by which the greatest part of the world was then , before , and ever since contented to be guided , hath taught us , that b exceptii est quaedam exclusio quae interponi actioni cujusque rei solet ad excludendum id quod in intentionem , condemnationem vè deductum est ; for , c excipere propriè est detrahere , & exceptio est quae partem aliquam de universo actoris jure detrahat ; and these laws have declared , that exceptio obscura nihil est momenti ; & obscurè excipere , est nihil excipere ; and our english laws and reasonable customs have allowed us to say and believe , that exceptio firmat regulam in casibus non exceptis , that a matter or thing not excepted , is the more strengthened and confirmed , by what is excepted and severed from it . but it seems , saith mr. pryn , that that award of the king of france was not full and satisfactory to all parties , ( although the king's permission thereupon afterwards made , chargeth the dissatisfaction on the barons part ) whom to content as well as he could , he and the barons , by mutual consent , did by their letters patents , submit ( as he said ) that award to h. bishop of london , h. le despencer , justiciar of england , bartholomew earl of anjou , cousin-jerman to the king of france , and the abbot of beck , to amend or correct , by way of addition or detraction ( in or to the said award ) whatever they should judge meet for the settling and securing of peace . and the king was so great a lover of peace , and well-wisher of the good of his people , as after he had granted unto them more liberties than they could claim , and in modesty could ask of a sovereign that would preserve that superiority , and those rights which god had given him , for his own and the peoples good , which can never be , without an obedience of subjects , and a care of a prince to protect them , by doing justice to himself as well as to them ; and was so willing to give them satisfaction in any thing just or reasonable to be desired , as he was content to wave and lay aside the advantage which he fairly gained by the aforesaid award or ordinance of the king of france , in defence and maintenance of his own just rights , and therein of his means to govern and protect them , ( which no prince in christendom at that time would have done ) and at the same time adventure the censure or ill will of a neighbour potent prince , that would not take it kindly to have an award made with so much justice , judgment , and care , to be reviewed by a part of his people , and such as were no friends to the rights of kings , and had been long in opposition to their king , and encouraged a long and lasting rebellion against him , and by such a new reference or review , subjecting himself to the excommunication and ecclesiastical censures of the pope's legate , by which he and his kingdom had already so greatly suffered . yet , in that so great a storm and tempest of state would not so much injure himself , his dignity , and occasional or necessary emergent affairs of government , as not to provide that they should not so much as speak , treat , or ordain any thing , circa emendationem ordinationis , seu pacis praedictae per quod regnum angliae , per alios quàm indigenas gubernetur , nec castrorum custodia , seu alia balliva regno praedicto aliis quàm indigenis fidelibus non suspectis committetur , ( which with a clause next following , might also probably be inserted to please the earl of leicester , and to secure him from after or former objections , that he was himself an alien , or that such allegations might not be any hinderance to him or william de valence to have the custody of any of the king's castles , who had yet some provinces in france , and was not without subjects that ( as to england ) were aliens , as the ensuing commission , or letters patents in order thereunto , will demonstrate . rex angliae , d s. de monteforti comes leicestr ' , gilbertus de clare comes gloucestr ' & hereford ' , johannes filius johannis , johannes de burgo senior , willielmus de monte canisio . henricus de hastings , gilbertus de gaunt , & caeteri barones & magnates angliae , ( no commons ) universis christi fidelibus ad quos praesentes literae pervenerint , salutem in domino ; cum super praeteritis guerrarum discriminibus in regno angliae subortis , quaedam ordinatio seu forma pacis de nostro praelatorum , & totius communitatis regni praedicti , unanimi voluntate & assensu provida deliberatione inita fuerit , quam nuper domino regi franciae fecimus praesentari , & quam deo gratam , nobis & regno nostro credimus opportunam , ac quidam ut intelleximus facti veritatem minus plene intelligentes , ordinationem ipsam seu pacis formam minus sufficientem asserentes , de quibusdam articulis in eddem insertis non fuerint contenti . nos ad pacem & tranquilitatem regni praedicti totis vi 〈…〉 us , sicut tenemur , laborare volentes ut justitia nostra & fac 〈…〉 ritas patefaceat & singulis plenius innotescat , plenam damus po●estatem venerabili patri h. london ' episcopo , & nobili viro hugoni le despencer iustic ' angliae , & nobilibus viris bartho ' com' audeg praedicti regis franc ' germano , & abbati de beccon , inspiciendi & examinandi formam ordinationis seu pacis praedictae addendi & detrahendi eidem , & emendandi , si quid addendum , detrahendum , seu corrigendum viderint , & providendi omnem securitatem quam viderint opportunam , & ea omnia quae ordinanda seu statuenda duxerint , firmiter observandi nos autem omnia & singula quae ipsi ad emendationem & observationem pacis ejusdem ordinaverint , rata habebimus , & accepta subjiciendo nos jurisdictioni & coertioni venerabilis patris g. sabin ' episcopi apostolicae sedis legati ; ut ipse per sententiam excommunicationis , & omne genus censurae ecclesiasticae , nos & omnes & fingulos compellere possit , si forte ordinationem praedictorum in aliquo praesumpserimus contrahere , & si praedictus com' audeg ' praesens non fuerit , vel negotium istud in se assumere noluerit , volumus quod dominus de neele , vel dominus petrus de camberleng ' , loco ejusdem com' subrogetur ; quod si praedicti quatuor in aliquo articulo pacis praedictae discordes fuerint , judicio majoris partis eorundem stetur , & si pares in discordia fuerint , volumus ut venerabilis pater archiepiscopus rothomag ' eis associetur , & quod à majori parte eorundem quinque concorditer fuerit ordinatum , firmiter ob●●rvetur . nolumus autem quod aliquid liceat eis dicere , ordinare , seu statuere circa emendationem ordinationis seu pacis praedictae , per quod regnum angliae , per alios quam per indigenas gubernetur , nec castrorum custodia , seu alia balliva in regno praedicto aliis quam indigenis fidelibus non suspectis committetur : volumus etiam modis omnibus quod pax inter nos regem angliae & praefatum com leicestr ' super personalibus & specialibus querelis , questionibus , & contentionibus quas contra eundem comitem habemus , & ipse adversus nos , & de quibus posuimus nos in praedictum regem franc ' fiat & assecuretur antequam pax seu ordinatio praedicta finaliter compleatur . in cujus rei testimonium huic scripto nos rex angliae , com leicestr ' & gloucestr ' , jo. johannes , willielmus , henr ' & egidius , pro nobis & caeteris baronibus , & communitate regni angliae , sigilla nostra apposuimus , dat' apud cantuar ' die jovis prox ' post festum nativ ' beatae virginis , an' dom ' . in assistance whereof , saith e mr. pryn , the king and the barons having by common consent entred into articles of agreement under their hands , concerning the reformation of the realm of england , and referred themselves therein to the determination of the king of france and the pope's legate , he did constitute three procurators , to conclude and consent on his behalf to whatsoever should be therein agreed , with submission to the legate's ecclesiastical censures and excommunications , to compel him to the performance thereof , in these words following , ( viz. ) f rex angliae , omnibus ad quos , &c. salutem , noverint universitas vestra , quod nos ordinamus & constituimus venerabiles patres w. wygorn ' & j. winton ' episcopos , & nobilem virum petrum de monteforti , procuratores & nuntios nostros solempnes , dantes eis potestatem tractandi in praesentiâ magnifici principis domini l. dei gratiâ regis franc ' illustris , & venerabilis patris g. sabin ' episcopi apostolicae legati , vel alterius eorum , super reforma , tione status regni angliae , & quod in hâc parte provisum fverit acceptandi , & firmandi , seu etiam compromittendi super hoc in certas personas si viderint expedire , ac omnem securitatem faciendi quam negotii qualitas requirit , & quam nobis seu regno praedicto viderint optimum dantes in super praefato petro potestatem jurandi in animam nostram , quòd nos quicquid ipsi tres in praemissis nomine nostro duxerint faciendum , ratum habebimus & acceptum , subjiciendo nos jurisdictioni & coertioni praedicti legati , ut ipse per sententiam excemmunicationis , & omne genus censurae ecclesiasticae nos compellere possit , ad observatlonem praemissorum . in cujus , &c. dat' apud cantuar ' die jovis praedicta , anno praedicto . wherein i●●s to be observed , that that was but ( upon the matter ) a re-referrence to the king of france , the change being only in the assistant councel , the most part whereof were french under his obeysance ; and it was to be but as an emendation , correction , or altering of some part , not all of the award , which was made before , which was not by this latter referrence found or declared to be void , or so much as contradicted , in any of the particulars of the provisions made at oxford adjudged against the barons , or any thing to be defective or redundant ; nor was there any addition , correction , or explicacation mad therein : so as that meeting and re-referrence proved to be only an essay for a pacification . for that haughty earl montfort hated the king , and endeavouring all he could his destruction , so thwarted all his actions , and domineer'd over him , as the king told him openly , that he feared him more than any thunder or tempest in the world . being not pleased with what had been proposed at that revisionary treaty , for what concerned his own particular interest and satisfaction , would rather bleed and embroil the nation , than acquiesce in those excellent laws and liberties which the king had granted in his magna charta and charta de foresta , ( which , like two jewels of inestimable price in her ears , did help to bless , secure and adorn our britannia , whilst she sate upon her promontory , viewing and guarding her british-seas ) and did therefore draw and entice as many as he could to go along with his envy , malice , ambition , and designs . with which ordination , sentence and award of the king of g france against the barons , many were notwithstanding so well satisfied with the king , and so ill with symon montfort's proud and insolent demeanour , as they withdrew themselves from the rebellious part of the barons ; and although some for a while staggered in their opinions and loyalty , because ( though the king of france condemned the provisions made at oxford , yet ) he allowed king john's charter , whereby he left , as they pretended , the matter as he found it , for that these provisions , as those barons alledged , were grounded upon that charter . but a better consideration made many to dispence with their ill-taken oaths , and return to their loyalty ; as , henry son of the earl of cornwall , roger de clifford , roger de leybourne , hamo l'estrange , and others . and it is worthy a more than ordinary remarque , that that king of france and his councel , upon view and hearing of so many controversies and tronsactions betwixt our king henry iii. and his rebellious barons , could not be strangers to the former and latter attempts , ill-doings and designs of that party of the english baronage , did so little approve thereof , and of their parliamentary insolencies , and oxford provisions , as his grand-child or successor , h philip le bel king of france , who reigned in the time of our edward i. did within less than forty years after , pour oster ( saith l'oyseau , a very learned french author ) de la suitte le parlement ( qui lors estoit le conseil ordinaire des roys , voir leur faisoit teste bien sauvent ) & luy oster doucement la cognossance des affaires d'estat , to the no great happiness , as it afterwards proved , of the french nation ) erigea un cour ordinaire , & le rendit sedentaire a paris dont encore il a retenu ce teste de son ancienne institution qu'il verifie & homologue les edicts du roy. and now the doors of janus temple flew quite open ; the prince , with lewellin prince of wales , mortimer , and others , invade and enter upon the lands of gilbert de clare earl of gloucester , and some of the opposite nobility ; and the earl of leicester was as busie on the other side , in seizing gloucester and worcester . whereupon the king doubting montfort's approach to london , ( being not yet ready for him ) works so , as a mediation of peace was assay'd , upon condition that all the castles of the king should be delivered to the keeping of the barons , the provisions of oxford inviolably observed , all strangers by a certain time should avoid the kingdom , except such as by a general consent should be held faithful and profitable for the same . here , saith the historian , was a little pause , which seemed but a breathing in order unto a greater rage ; the prince fortifies , victuals , and garrisons windsor castle . and the king , to get time , summoned a parliament at london , where he won many lords to his party , and with them richard earl of cornwal his brother , king of almaine , henry his son , william valence , with the rest of his brethren ; marches to oxford , whither divers lords of scotland repair unto him ; as , iohn comyn , iohn baliol , lords of galloway , robert bruce and others , with many english barons , clifford , percy , basset , &c. from thence with all his forces went to northampton , took prisoner young symon montfort , with fourteen other principal men ; thence to nottingham , spoiling the possessions appertaining to the barons in those parts . the earl of leicester draws towards london , to recover and make good that part of his greatest importance , and seeks to secure kent and the ports ; which hastens the king to stop his proceedings , and to succour the castle of rochester which he besieged : whereby success and authority growing strong on the king's side , the k earls of leicester and gloucester , in behalf of themselves and their party , write unto the king , humbly protesting their loyalty , alledge , that they opposed only against such as were enemies to him annd the kingdom , and had bely'd them ; unto which the king returned answer , that themselves were the perturbers of him and his state , enemies to his person , and sought his and the kingdoms destruction , and therefore defy'd them ; the prince and the earl of cornwal sending likewise their letters of defyance unto them ; who doubting the hazard of a battel , send the bishops of london and worcester ( their former encouragers ) unto the king , with an offer of marks for damage done in those wars , so as the provisions of oxford might be observed . which not being condescended unto , or thought fit to be allowed , montfort with his partners seeing no other means but to put all to the hazard of a battel , made himself more ready than was expected , placed on the side of an hill near lewis , where the battel was to be fought , certain ensigns without men , which seemed afar off to be squadrons ready to second his men , ( whom he caused all to wear white crosses , both for their own notice , and signification of the candour and innocency of his cause , which he desired to have believed to be only for justice . ) and , as rebels , first assaulting their king unexpectedly , began to charge his forces , who were divided into three parts ; the first whereof was commanded by prince edward the king's son , william de valence earl of pembroke , and john warren earl of surrey and sussex ; the second by the king of almaine , and his son henry ; and the third by the king himself . the forces of the barons ranged in four parts ; whereof the first was led by henry de montfort , and the earl of hereford ; the second by gilbert de clare earl of gloucester and hertford ; iohn fitz-john , and william of mount-chency ; the third by the londoners , and richard segrave ; and the fourth by symon de montfort earl of leicester himself , and thomas de pelvesion ; l and both sides fighting with as great manhood as fury , the prince and his batalion , cum tanto impetu in hostes irruil , so beat and routed those that stood against him , as he made them give back ; many were slain and drowned , and the londoners put to flight ; whom the prince over-charging , and pursuing by the space of four miles , and putting many of them to the sword , was so out of sight , and far gone from the king's army , as made them weaker than otherwise they would have been ; m but at his return , instead of a victory , found about of his fathers army slain , the king of almaine , robert de bruce , and john comyn ( who had brought many scots to the king's aid ) taken prisoners , with twenty-five barons and bannerets on the king's party , and the king himself having his horse killed under him , made a prisoner , and shut up in the priory ; ita reversus edwardus gravi praelio excipitur ; so as the prince at his return was freshly set upon by the prevailing party . the earl warren , william de valence , and guy de lusignan , and hugh bigod , with forty armed knights , fled to pevensey ; and the prince , when he was returned to the town of lewis , sought his father in the castle ; but not finding him there , went to the priory , where he found him . in the mean time the conquering barons assault the castle , which they that were within so stoutly defended , as the besiegers withdrew ; which heartned the prince , so as he , recollectis suis voluit iterum praeliari , recollecting his forces , had a mind to try his and his fathers fortune again , and fight it out , quo cognito miserunt barones mediatones pacis ; which the barons understanding , sent unto him mediators to treat of a peace , promising the next morning to do it with effect ; at which time the fryers , minors and n praedicants passing and labouring betwixt both parties , the matters were adjourned until feria sexta some days after , when prince edward , and henry the king of almaine's son , were given as hostages for their fathers the kings of england and almain , and sub spe pacis & quietis delivered to earl symon de montfort , in the hopes of a peace and agreement , ita ut cum deliberatione tractaretur quae provisionum & statutorum essent pro utilitate regni tenenda & quae delenda ; so as they might at leisure , and with deliberation , treat and consider what provisions and statutes ( probably those which had been made at oxford , the darlings of their designs ) were for the good of the kingdom to be kept , or what laws were to be abrogated , such in all likelyhood as might clip the king's regalities , and make them to be as much , if not more , king then himself . ) and that in the mean time the prisoners on both sides should without any ransom be set at liberty ; insomuch as the sunday following all that had been taken on both sides were licensed to go to their own habitations ; and the king , as the said symon de montfort had directed him , did write to those which were in the castle of tunbridge in kent , to deliver it up to earl symon , which they did very unwillingly . sect . vii . of the evil actions and proceedings of symon de montfort and his rebellious partners , in the name of the king , whilst they kept him and his son prince edward , and divers of the loyal nobility , prisoners , from the th . of may in the th . year of his reign , until his and their delivery by the more fortunate battel at evesham the th . day of august in the th . year of his tormented reign . the old lyon thus taken and imprisoned , by the misfortune of his gallant whelp 's over-chasing and pursuing of a part of his enemies in the day and extremity of the battel , his rebels , when they had him , were at a stand what to do with him : they durst not let him loose , for that would but restore him to his strength and power , which his liberty might have regained : if they should have murdered him , that would have been so wide from a fix'd accomplishment of their wickedness , as , though it might have gained them a quiet , or for some time continued possession of a kingdom , yet it was not at all likely to have been settled to them and their heirs , whilst there was so wise and valiant a prince , and so many descendents of the royal line in remainder , which would have been always wrestling and contending for it , by the aid and assistance of a numerous , loyal , and potent nobility , and the common people , who would be able easily to distinguish betwixt right and wrong , would be more likely to love the former , hate , and bend all their forces and ill wishes against the latter , and mock and take all opportunities of revenge in the redemption of an immured sovereign , his crown , dignity and lineage : and therefore it would better suit with their wickedly-begun enterprizes , and already-gotten advantages , to make use of crafts and policy , and render his own power the means the faster to ensnare and entangle him , by putting him and his friends in hope of a peace , which they would not be very hasty in , until they had gotten his castles and strength into their hands , and drawn unto their party that part of his subjects that had not intermeddled in the quarrels betwixt them , but like men amazed stood at a gaze , wondring at it , and might well distrust , and be jealous of their former pretences and promises , when the prince , that had made himself a pledge and hostage for his father , that he might have his liberty , found it was never intended but to keep him , with all his hopes and fortunes , as much a prisoner as himself . and by those and other arts and contrivances , with their rebellious army not disbanded , but kept on foot to serve themselves and their prisoners , carried the king about with them from place to place , to countenance , against his will , their evil designs and actions : the people ( not of their party ) not daring to come either unto him or them , without letters of safe conduct , which in the king's name , whilst they play'd rex with it and his seal , they could grant and write what they pleased in the language of their own design , with which the patent and close rolls of that year and the next , with their dates and teste , when they had him in their custody , are well stor'd ; and in the mean time made it to be a great part of their care and business , to cause to be delivered up unto them , such castles and places of strength , as either they feared , or had not in their possession , as windsor , notingham , bamburgh , carlisle cum multis aliis , &c. of which amongst many , one to to drugo barentyn , ( who had then in windsor-castle , the custody of peter de moutfort taken in arms against the king ) may serve for instance , viz. rex drugoni de barentyn o constabular : castri de windsor salutem , quia specialia negotia vobis communicanda habemus , vobis mandamus in fide quâ nobis tenemini firmitèr injungentes , quatenus omnibus aliis praetermissis sitis ad nos london hoc instante die mercurii ad ultimum nobisnm locutum , & hoc nullatènus omittatis , nos enim praesentibus ad hoc vobis & his quos vobiscum ducetis salvum & securum conductum ( as much as a prisoner could aford ) praebemus in cujus , &c. teste rege apud sanctum paulum london sexto pie junii . upon the twenty seveneth day of july , anno o. of his reign , being at p st. pauls in london ; a letter was written to the king of france , in these words , regi franciae rex angliae salutem ; serenitatis vestrae literas per willielmum charles militem nostrum nobis porrectas receperimus inter caetera contimentes quod vobis multum complaceret , qùod firmam & utilem pacem nobis & regno nostro ad honorem dei & nostri cum baronibus nostris haberemus , & qùod aliquos de concilio vestro usque bonon mittetis ad diem veneris ante assumptionem beatae mariae & quòd ipsis tunc intendentes sitis prope , celsitudini vestrae quantas possumus gratiarum referimus actiones , per hoc manifestè perpendentes quòd circà commodum & honorem nostrum , nec non tranquillitatem & pacem regni nostri solliciti estis & intenti , nos autem die jovis prox : post festrum sancti petri ad vincula erimus apud dover , ita quòd nuntii nostri & baronum nostrorum dicta die veneris 〈…〉 ud bonon domino concedente ad tractand & faciend de dict● pace p●●●● nobis significâstis ; & quia negotium istud tam coeteros principes quam nos tangit in ordinatione pacis praedict ' ad honorem dei nostri & haered ' nostrorum honori & indempnitati ac tranquillitati regni nostri liberalitèr & benignè si placet providere velitis . teste rege apud sanctum paulum , london vicesimo septimo die julii . within three q dayes after , being the thirtyeth of iuly in the same year , a letter was sent in the name of that captive king , to simon de montfort earl of leicester , and gilbert de clare earl of gloucester and hertford , ( who were the chief of the party , who had subdued , taken , and kept him prisoner ) in the form following , viz. rex dilectis & fidelibus suis simoni de monteforti com' leicestr ' , & gilberto de clare com' glocestr ' & hertford ' salutem . cum nupertr anscriptum literarum domini regis franciae quod vobis pridiè transmisimus manifestè perpendere possitis , quod si cum praesato rege ( a special friend of their own party ) & aliis de partibus transmarinis tractatum pacis habere debeamus , oportet quod solempnes nuncii de concilio nostro & vestro ( as if they were partner kings ) sint apud bonon ' die veneris prox . post festum sancti petri ad vincula scilicet die veneris ante assumptionem beatae mariae in occursu nunciorum praesati regis , & quòd nos ipso die vel die jovis praecendenti simus apud dover , sicut praefato regi de concilio magnatum qui sunt nobiscum litteratoriè significavimus , & vos propter brevitatem temporis & distantiam locorum personaliter vix adesse possitis tempestivè , vos rogamus , quatenus statu regni nostri mandato praesati regis franciae , & periculis quae nobis & regno nostro ex prorogatione dicti negotii poterunt imminere , diligenter pensatis visis literis provideritis de nuntiis solempnibus & idoneis usque bonon ' mittendis ad d●em veneris supradictum , & cum eis ad nos mittatis dilectum & fidelem nostrum petrum de monteforti ( the earl of leicester's near kinsman , a most insolent domineering adversary ) cum formâ & potestate tractandi & firmandi pacem melius & salubrius fuerit faciend ' , mittatis etiam ad nos aliquos ad eundum nobiscum usque dover , & ad concilium impendendum , & responsum nuntiis euntibus & redeuntibus nobiscum de concilio vestro faciendum , quousque personaliter veniatis ; & quia praesens negotium summam et inestimabilem requirit celeritatem , eò quòd tempus breve est ultra modum , vos ambo , si quomodo fieri possit , vel alter vestrum statim visis literis ad nos veniatis , et si edwardus filius noster èt henricus de almaine nepos noster nobiscum essent apud dover , certi sumus quòd celerem et satis bonam pacem haberemus , et ideò si placet ipsos tanquam obsides in statum quo nunc sunt , ib ' . venire fac. t. &c. xxx die iulii . upon the th . day of september , in the same year and time of the king's imprisonment , all that he could do was upon his petition , as the record slovenly and undutifully intimateth , to get licence that henry the son of richard king of almaine , ( who was kept as a prisoner in dover castle , as a pledge for his father ) might go into france , to treat with that king ( their old confederate and friend ) for a peace to be made betwixt the king and his barons , upon his oath to do no prejudice to the disloyal barons , and that he might abide there until the nativity of the blessed virgin at night , or within two or three days after , upon a new licence of those barons , and bayl given by the envoys or embassador of the king of france resident in england , that he should not be detained in france ; upon an undertaking also of the said henry de alemannia to forfeit all his lands and possessions which he had or might have in england by inheritance or otherwise , and to be utterly deprived thereof , and the several bonds or recognisances severally given of the bishops of london , lincolne , worcester , winchester , chichester , coventry and lichfield , with the bishop elect of bath , in marks in silver a piece that he should return and rende● himself a prisoner as aforesaid , as the record thereof in the words ensuing doth testifie . rex omnibus , &c. cum dilectus et fidelis noster henricus filius regis almannia germanus noster charissimus sub custodia dilecti et fidelis nostri henrici de monteforti constabularis castri nostri dovoriae , sub certâ formâ obses constitutus suisset pro pace regni nostri conservanda et ad petitionem nostram pro pace inter nos et barones nostros praelocuta tractanda pleniùs et finienda ad dominum regem franc. illustrem in partes proficisceretur transmarinas idem . henricus almannia obtenta ab eis quibus obses datus fuerat super praedictis transfretandi licentia in praesentia nostra et venerabilium patrum h. london . r. lincoln . w. wigorn ' . j. winton ' . s. cicest ' . r. covent ' . et lich ' . w. say ' . episc. et w. electi bathon ' . promisit bonâ fide et tactis sacrosanctis evangeliis juravit quod cum omni studio et diligentiâ pacem praedictam procurabit , et nihil omninò faciat vel proponat verbo vel facto vel aliquo alio modo clàm vel palàm , quod possit esse contra pacem praedictam seu per quod pax ipsa impediri possit quoquomodo vel differri ubi praedicti barones gravari , et quod sive pacem procurare possit , sive non quod omni occasione et dilatione postposita usque ad festum nat ' . beatae virginis prox . futur ' . tota die ipsa sibi data revertetur ad castrum dovor ' . et ibi ponet se in manibus praedicti henr ' . de monteforti tanquam obsidem eodem modo et sub eadem forma , sicut erat ante recessum suum , ità tamen quòd si pro negotii consummatione ultra terminum praedictum per duos aut tres dies ad pius moram ipsius longior necessaria fuerit pro tanti temporis morâ dummodo baron ' . infra tempus praedictum super hoc premuniverit , & post biduum & triduum redierit nullatenùs occasionetur , dominus verò de nigol & dominus p. le chamberlens & magister henricus de verdel ' nuntii praedicti domini regis franciae . manu coeperunt , quod dictus henricus de almannia in regno franciae quo minus termino predicto liberè reverti possit à quoque non detinebitur invitus ; voluit autem henricus de almannia & concessit expressè , quòd si praedictae non observaverit , vel contrà ea vel eorum aliquod quoquomodo venire praesumpserit , hoc ipso terras suas omnes tenementa & possessiones , quae in regno nostro habet vel habere poterit , jure hereditario vel quovis alio modo , totaliter perdat , & eisdem ipso facto perpetuò privatus existat , nullo jure sibi aut haeredibus suis in posterum competente : in eisdem ad haec praedicti domini episcopi & electus immo & episcopus bathon ' , pro praefato henrico de almannia manu coeperunt , quod infrà terminum praedictum revertetur , & in eodem statu se reponet , in quo erat tempore recessus sui nisi casu fortuitò & inevitabili fuerit praepeditus , & hoc promiserint sub poena viginti millium marc ' argenti singuli insolidum commitend ' praefat ' henrico de monteforti custodi ejusdem henr ' de almannia , & cum effectu ab eisdem episcopis exigend ' , si infra praedictum tempus reversurus non fuerit & obsidem se reddiderit ut praedictum est . in cujus , &c. teste rege apud cantuariam quarto die septembris . and in their marching to and fro with their king a prisoner , in a victorious , powerful , undisbanded and undisturbed army , thought it would be convenient for their evil purposes to attract , as much as they could , the good will and hopes of the clergy , by an embrio or promise ( made amongst themselves the sixth day of october in the forty-eighth year of that over-power'd king's reign ) of some act or order of parliament , when they should be at leisure to obtain it , in these words , viz. purveu est s per comun assentement du roi & des prelaz des contes , & des barons de la tere ke les trespas ke fait sont contre seinte eglise en engleterre par acheson de trublement & de la guerre ke adeste en reaume de engleterre soient amendez en ceste forme . soint esluz des contes & des graunz gentz de la tere , par la volente & l'assentement des prelaz trois evesques ki des amendes resnables ke sont a foire pur les avantditz forfez ke ont este fait contre seinte eglise , aient plein poeer de establir & de purver kanqe bone sera & renable chose ceusque escomenge seront trovez soient assous en forme de droit par ceus qui poeer averont . la poeer des prelaz soit affirmee en ceste manere , promis soit en bone fai des contes e de la justice & des autres lais qui sont du counseil le roi e autres graunz barons du reaume , ke totes les choses ke les prelaz ke eleus seront purverunt renablement en nun des amendes garderont pur soi e metteront peine e bone fei de fere garder des autres & de ce ●ndoign●nt ●or lettres overtes derechef as prelaz , puis kil seront esluz , soit done pleine poeer du roi e de la communaute des contes & des barons & de graunz honmes de la tere , a purver les choses kee besoignables sont e profitables a plein reformement dec estat de seint eglise al honur deu a la foi nostre seinur le roi e au profit du reaume , & cco soit premis en bone soi par le roi & par les contes & les avantdiz barons , & par les autres graunz hommes de la tere , si en facent lec ' lettres overtes , cest assaver des choses ke unt este faites pus la pasch ' dereine dont un an ce est assaver le an nostre seignor le roi. si nul soit trove , ke ne voile ester al ordenement e la purveiaunce des avandiz prelaz en les choses avont dites , e selom les formes avant dites , sont destreint par sentence de seinte eglise : e si mester est soient destreint per la laie force , e que ceste chose se puisse meuz faire eit la justice cent ou plus chevalers ou seriaunz soudeers eluz a destreindre les meffesours , quant il serra requis par les avanditz prelaz citens soudeers de bens communs de seinte hglise soient sustenuz taunt com il sont en cele besoine . e cest ordenement durge sovans a un an ou a deus dekes les choses soient ben en pes , e les purveaunces de prelaz & la pes de la tere bien meintenue . purveu est , ke les bens des benefites de seinte eglise des aliens e des autres ke ont est contre la tere soient celui e sauvement garde par les mains des prelaz deserves a taunt ke soit purveu par comun conseil ke leu devera faire . e a fermete en tesmoinaunce de ceo le roi & les hauz homes de la tere ont mis lur seus a cest escrit , teste rege apud cantuar ' sexto die octobris . the th . day of that october t anno. . of his sorrowful raign which began october . annoque domini . . they caused a letter to be written in his name to the king of france for a safe conduct for the king's envoyes with the messengers of the barons to treat of a peace with him , and the pope's legats , concerning the state of the kingdom , as followeth , egregio principi domino , & consanguineo suo karissimo domino lud. dei gratiâ regi franciae , rex &c. cùm nuper quosdam de fidelibus nostris ad praesentiam vestram & ad venerabilem patrem g. sabin ' episcopum apostolicae sedis legatum , nec non ad alios amicos nostros in partibus illis ad tractandum de reformatione & pace status regni nostri destinavimus , quibus eundo illata fuerunt enormia dampna , de quibus anxiati ( with some indiscernable grief ) fuistis ut intellexerimus , propter quod alii periculis huiusmodi se committere minus ausi sunt , serenitatem vestram recipimus affectione quâ possumus ampliori , quatenùs nuntiis nostris & baronum nostrorum ad praesentiam vestram & ad legatum supradictum , nec non ad alios amieos nostros partium illarum in brevi destinand ' pro nego●●is antedictis salvum & securum conductum vestrum in eundo , ibidem morando , & inde recedendo , concedere velitis literas vestras inde patentes per latorem praes●ntium nobis si placet transmittentes , & ad ipsos tutiùs conducendos aliquos de fidelibus v stris usque witsand . in octabis instantis sancti martini obviam nostro amore sibi mittatis . teste rege apud westminster tricesimo die octobris anno regni nostri quadragesimo nono . the d. day of december , in the year aforesaid , they being in want of money to maintain and keep their army together , u carry on their designes and their royal prisoner , caused a writ to be sent to the bishop of norwich for some supply , sub hac formâ . rex norwicensi episcopo salutem ; cùm per praelatos & magnates regni nostri provisum esset unanimitèr & conc●ss●m , quòd decimae proventuum omnium beneficiorum in regno nostro darentur ad communem utilitatem eiusdem regni & ecclesiae anglicanae , & quòd huiusmodi decimae per locorum episcopos levarentur , & ad nos mitterentur , & tunc vobis mandaverimus , quòd juxta provisionem praedictam in vestra diocesi de beneficiis ecclesiasticis huiusmodi decimas levari & ad nos mitti faceretis indilatè convertendas in communem utilitatem regni nostri & ecclesiae praedictae , quod huc usque facere distulistis , de quo miramur quàm plurimum & movemur , vobis iteratò mandamus firmiter injungentes quatenus huiusmodi decimas sine omni dilatione levari , & eas usque london modis omnibus transmitti faciatis liberand ' venerabilibus patribus h. london , & w. wygorne episcopis , quibus injunximus , quòd eas recipiant & salvo custodiant , donec aliud inde preceperimus , ità quòd cas habeant in vigilia epiphaniae domini proxime futuri ad ultimum , & hoc sicut vos & honorem vestrum diligitis nullo modo omittatis , scituri , quòd nisi feceritis mandavimus vicecomiti nostro norff. & suff. quòd usque ad septingentas marcas ( a mandate which the bishops of london and worcester would not have been content with , if the king had been at liberty , and had not been as then he was a prisoner to their rebellious party ) in partem solutionis praedictae de bonis & catallis vestris in comitatibus praedictis sine dilatione levari & ad nos mitti faciat sine merâ per rad ' de camois , egidium de argen ' londini & wigorniae episcopos . teste rege apud oxon o. die decembris . the th . day of that december next following , having carried him in their victorious army to worcester , they caused a writ to be made in his name and under his seal , directed to the bishop of durham , in these words , viz. w henricus dei gratiâ rex angliae & dominus hiberniae & dux aquitaniae venerabili in christo patri r. eadem gratiâ episcopo dunelmensi salutem ; cùm post gravia turbationum & discriminum dudùm habita regno , charissimus filius edwardus primogenitus noster , pro pace in regno nostro assecuranda & firmanda , obses traditus exstitisset , & jam sedatâ ( benedictus sit deus ) turbatione × praedictâ super deliberatione ejusdem salubritèr providendâ & plenâ securitate & tranquillitate pacis ad honorem dei & utilitatem totius regni nostri firmandâ & totalitèr complendâ , ac super quibusdam aliis regni nostri negotiis , quae sine concilio vestro & aliorum praelatorum & magnatum nostrorum nolumus expediri cum iisdem tractatum habere nos oportet , vobis rogantes in fide & dilectione quibus nobis tenemini , quòd omni excusatione postposita & negotiis aliis praetermissis sitis ad nos london in octabis sancti hillarii proximi futuri nobiscum & cum praedictis praelatis & magnatibus nostris quos ibidem vocari fecimus super praemissis tractaturi & concilium impensuri , & hoc sicut nos & honorem nostrum & vestrum , nec non & communem regni nostri tranquillitatem diligitis nullatenùs omittatis . teste meipso . decembr ' anno regni nostri o. in formâ praedictâ subscribitur episcopis , abbatibus , prioribus subscriptis , &c. in formâ praedictâ mandatum est comitibus nostris & aliis subscriptis . dat. apud woodstock o. die decembris praedicti , viz. comiti leicester , comiti glouc. comiti norff. & marescallo angliae , comiti oxon , comiti derby , rogero de sancto johannis , hugo de spencer justiciar ' angliae , nicholao de segrave , johanni de vescy , roberto basset , g. de lucie & gilbert de gaunt , which were notoriously known to be of their party and like inclinations , in number or , a blank yet remaining upon the record for the names of those more loyal that were not of their conspiracy , which were very many , the writ it self to simon montfort earl of leicester and his consorts in that ungodly enterprise being not to be found at all entred . and of the same date sent out writs , in the kings name and under his seal , directed to all the sheriffs of the realm , wherein signifying the kingdom to be then in peace and quiet , and the king's desire to establish the same to the honour of god and benefit to his people , to send to the parliament , which was to be holden at london in the octaves of saint hillary then next ensuing , two knights elected for each county , and of the cityes and boroughs two citizens or burgesses , to treat with the king , praelates , and barons , and give their counsel . which writs of summons ( in the framing whereof their vvits could not be at leisure to think of an election of burgesses or procurators for the two universities of oxford and cambridge , as if those seminaries of learning had been incapacitated and merited a procul ite prophani ) made in and by the name of a captive king , whilst he was a prisoner of war , not taken by surprise or ambuscado , but fighting in a battle against a mighty army of rebels , that should have been his subjects , had it seems no other effect , than an attempt to summon their contrived new-fashioned parliament ; for that by a general disturbance ( none of the many boroughs in cornwal being then likely to come , for that the earl of cornwal was on the king's party and a prisoner ) and commotion of the kingdom in their minds and estates , discontents of the vanquisht nobility , absence and feared insurrections of that and a great part of the baronage and people that were not in the battle on either side , and the decov cunningly inserted in their writs of summons to a kind of parliament of their own framing , that pax reformata fuit betwixt him and the barons , benedictus sit deus , enticed many , that either fear or flattery perswaded to be on the stronger and prevailing side , to make their peace with them ; and either to joyn with them , or stand aloof off , and enjoy as well as they could , their large possessions and estates , which in those times could draw many tenants and followers after them . and being jealous of the affections , power , and strength of john balioll , and peter de brus , with certain other lords of scotland , robert de nevil , and some of the northern english barons , a writ in the king's name was also the th day of that december , sent unto them to come to london , ( but without any certain day , or mention that they were there to treat cum praelatis , comitibus , or cum coeteris magnatibus de arduis negotiis regni , and not mixt with other affairs , as the former or after form of summons to parliament , or those great councils , were accustomed to be ) with a more than ordinary safe conduct for their persons , and security in the interim for their lands and estates in the form following , viz. rex johanni de bailol y , petro de brus , roberto de nevil , eustachio de bailol , steph. de menill , gilberto haunsard , rad ' filio ranulphi ad ' de gensenr ' , roberto de stotevil de atton ' & sociis suis partium borealium salutem ; cùm karissimus filius edwardus primogenitus noster pro pace in regno nostro assecurandâ obses deputatus extitisset , & jam sedatâ ( benedictus deus ) turbatione praedictâ super liberatione ejusdem salubritèr providendâ & plena securitate tranquillitatis & pacis ad honorem dei & utilitatem totius regni nostri firmandâ finalitèr & complenda , per quod vobiscum volumus habere tractatum super praemissis & aliis negotiis nostris arduissimis , & pluries vobis mandaverimus quòd ad nos veniretis , nobiscum super specialibus negotiis nostris colloquium habituri , quod hucusque facere distulistis , de quo miramur & quàm plurimùm movemur ; vobis iteratò mandamus firmitèr injungentes , quòd omnibus negotiis praetermissis ad nos london sine omni dilatione veniatis nobiscum super praemissis locuturi , & hoc sicut nos & honorem nostrum & vestrum diligitis , nullo modo omittatis ; & ut securius ad nos venire possitis mittemus dilectum & fidelem nostrum johannem de burgo seniorem ad conducendum vos salvo & securè , sicut in literis nostris patentibus quas idem johannes super hoc habet plenius contin●tur ; mandavimus etiam dilectis & fidelibus nostris johanni de vescy , henrico de hastinges , joh ' de eynill , adi de novo mercato & aliis fidelibus nostris cum eis in partibus illis existentibus , quòd à gravaminibus , molestiis , dampnis , seu injuriis vobis aut hominibus vest is si ad nes veneritis inferendis penitùs desistant . in cujus , &c. teste rege apud wodest ' vicesimo quarto die decembris . and the th day z of that december , symon montfort and his confederates , wanting the council and assistance of the bishop of norwich ; and not knowing what to do either with the old lyon or the young , directed a writ unto him in the king's name in these words , viz. rex episcopo norwicen ' , cùm post gravia turbationum discrimina dudum habita in regno nostro karissimus filius edwardus primògenitus noster pro pace in regno nostro assecuranda & firmanda obses traditus extitisset , & jam sedatâ ( benedictus deus ) turbatione praedictâ super deliberatione ejusdem salubritèr providenda & plena securitate tranquillitatis & pacis ad honorem dei & utilitatem totius regni nostri firmanda & totalitèr complenda , ac super quibusdam aliis regni nostri negotiis quae sine consilio vestro & aliorum fidelium & magnatum nostrorum nolumus expediri cum eisdem tractatum habere nos oporteat , vobis mandamus rogantes in fide & dilectione quibus nobis tenemint , quòd omni occasione postpositâ & negotiis aliis praetermissis sitis ad nos london in octabis sancti hillarii proximè futuris , nobiscum & cum praedictis fidelibus & magnatibus nostris quos ib●dem vocari fecimus super praemissis tractaturi & concilium vestrum impensuri , & hoc sicut nos & honorem nostrum & vestrum nec non ad communem regni nostri tranquillitatem diligitis nullatenùs omittatis . teste rege apud wod ' vicesimo sexto die decembris . and believing it to a conduce much unto their naughty purposes to have the cinque-ports , who were by their tenures obliged to furnish out yearly a certain number of ships for the safeguard of the kingdom and seas appertaining thereunto , to be so much at their devotion and command , as to hinder any ayd which might come from any of the king's subjects and dominions in france , for the rescue of the king and prince out of their imprisonment and captivity , from which they never intended to release them , until they had despoiled him of all , or the greatest part of his regalities : the writ following was the th day of the then next following month of january , directed unto the barons and bailiffs of the cinque-ports to do that which they never did before , as followeth , &c. rex baronibus & ballivis portus sui de sandwico salutem . cum praelati & nobiles regni nostri tàm pro negotio liberationis edwardi primogeniti nostri quàm prò aliis communitatem regni nostri tangentibus ad instans parliamentum nostrum quod erit london in octabis sancti hillarii convocari fecimus , ubi vestrâ sicut & aliorum fidelium nostrorum praesentiâ plurimùm indigemus , vobis mandamus in side & dilectione quibus nobis tenemini firmitèr injungentes , quòd omnibus aliis praetermissis mittatis ad nos ibidem quatuor de legalioribus & discretioribus portus vestri , & quòd sint ibidem in octabis praedictis nobiscum & cum praelatis & magnatibus regni nostri tractaturi & super praemissis concilium impensuri , & hoc sicut honorem nostrum & vestrum & communem utilitatem regni nostri diligitis nullatenùs omittatis : teste rege apud westm ' vicesimo die januarii . similiter mandatum est singulis portubus ; being within the very octavies of st. hillary . the first day of february , in the year and time of the king's imprisonment as aforesaid , some discords and disturbances continuing in the university of cambridge amongst the students and schollars , which was begun three years before ; and some endeavours used to remove that university , or constitute and set up another at northampton ; a writ was as followeth , sent in the name of the king , to the mayor and citizens of northampton to prohibit it , viz. rex majori & b civibus suis northampton ' salutem ; cùm occasione cujusdam magnae contentionis in villa cantabr ' triennio jam elapso subortae nonnulli clericorum tunc ibidem studentium unanimiter ab ipsâ villa recessissent se usque ad villam vestrum praedictani northamp ' transferentes & ibidem studiis inherendo novam construere universitatem cupientes , nos illo tempore credentes villam illam ex hoc posse meliorari , & nobis utilitatem non modicam inde provenire votis dictorum clericorum ad eorum requisitionem annuebamus in hac parte , nunc autem ex relatu multorum fide dignorum veracitèr intellexerimus , quòd ex hujusmodi universitate si permaneret ibidem municipium nostrum oxoniae quod ab antiquo creatum est & à progenitoribus nostris regibus angliae confirmatum , ac ad commoditatem studentium communitèr approbatum c non mediocritèr lederetur quod nulla ratione vellemus ( the rather probably , for that symon montfort and his partners had but a little before tasted of the seduced friendship of that university , when many of its students , under a banner of their own , came to the seige of northampton , and fought stoutly for them against their king ) maximè cum universis episcopis terrae nostrae ad honorem dei & utilitatem ecclesiae anglicanae & proficui studentium videatur expedire , quòd universitas amoveatur à villa praedicta , sicut per literas suas patentes accepimus , vobis de consilio magnatum nostrorum firmitèr inhlbemus , nè in villâ vestrâ de coetero aliquam universitatem esse nec aliquos studentes ibidem manere permittatis alitèr quàm antè creationem dictae universitatis fieri consuevit . teste rege apud westm ' primo die febr ' . the th day of that february , urianus de sancto petro , and others of the county of chester , submitting themselves ad pacem of the king , ( as they were willing to have that rebellion called ) they did in the king's name give order for a restitution of his lands , and a protection for the future in these words , viz. rex rogero de lovetot d salutem ; cùm urianus de sancto petro , sicut & alii de comitatu cestriae ad pacem nostram venerit , per quod de consilio magnatum nostrorum , qui sunt de consilio nostro , ipsum & omnes terras & tenementa sua in protectionem & defensionem nostram suscepimus , & jam de consilio nostro praedicto sit provisum , quòd omnes terrae & tenementa ipsius uriani occasione turbationis in regno nostro uuper habitae per quoscunque occupata sibi restituantur , ac vos terras & tenementa praedicti uriani in comitatu hunted ' . occupaveritis & ea detineatis occupata occasione turbationis praedictae ut accepimus , vobis de consilio nostro praedicto mandamus in fide & homagio quibus nobis tenemini firmitèr injungentes , quòd omnes terras & tenementa praedicta per vos & vestros sic occupata sine dilatione restituatis eidem , & hoc nullatenùs omittatis . teste rege apud westmonasterium o die februarii . the fifteenth day of the same month and year reciting , that the king had caused two of the discreetest knights of every county of england , to be at his parliament ( as the barons that kept him prisoner were desirous to style it ) ad tractandum with the king and his council , de liberatione edwardi filii nostri , &c. and being informed , that two knights for the county of york had tarried long , ( not much above three weeks ) been at great expences , and paid great loans and taxes towards the defence of the kingdom , and maritime parts against the invasion of alien enemies ( the men that they so called , being only the king's french subjects ) they did in the king's name command , that the said two knights of that county , de consilio , by the advice and ayd of four knights of the said county , should leavy the said knights expences in their coming to that so called parliament , tarrying and return , which was either but a few dayes before ended , if it did either sit or do any thing at all in such a time of publick and general distraction , with a proviso , and under a condition , that the commonalty should not be ultrà modum oppressed thereby , in words ensuing . rex vicecomiti e eborum salutem . cùm nuper vocari secerimus duos de discretioribus militibus singulorum comitatuum nostrorum angliae quòd essent ad nos in parliamento nostro apud london , in octabis sancti hillarii proximò praeteritis ad tractandum nobiscum & cùm consilio nostro super deliberatione edwardi filii nostri karissimi & securitate inde faciendâ , nec non & aliis arduis regni nostri negotiis ac iidem milites moram diuturniorem quàm credebant traxerint ibidem , propter quod non modicas fecerint expensas , cùmque communitates dictorum comitatuum varias hoc anno fecerint praestationes ad defensionem regni nostri & maximè partium maritimarum contrà hostilem adventum alienigenarum , per quod aliquantulum se minimum sentiunt gravatas , tibi praecipimus , quod duobus militibus qui pro communitate dicti comitatûs praefato parliamento interfuerunt de consilio quatuor legalium militum ejusdem comitatus rationabiles expensas suas in veniendo ad dictum parliamentum ibidem morando & inde ad partes suas redeundo provideri , & eas de eadem communitate levari facias : provisò quòd ipsa communitas occasione praestationis istius ultrà modum non gravetur . t. r. apud westm ' o die februarii . which may warrant a belief , that either no other came , or that new-invented kind of parliament did not at all sit , there being upon diligent search of all the records of that greatlytroubled year , none other to be found of that nature . wherein , though no care was taken of other countyes , or of any the very many burgesses of that county , or of any other county intended to have been sent to that newly and first-of-all devised kind , or manner of an english great council or parliament , it appears to have been the first and only writ for parliament-men or members of the house of commons in parliament , that had or did bear any resemblance with that allowance of wages to any members of parliament in the house of commons ( howsoever much different ) after a long interval of time , used for wages allowed for parliament-members of the house of commons , king henry the third having never after his release from that imprisonment allowed any . the th day of the same month of february , in the year aforesaid gilbert de clare earl of gloucester and hertford , absenting himself from the army upon some discontent in a dislike of the said earl of leicester's actions and courses , a writ was sent unto him in the king's name as followeth . rex gilberto s de clare comiti gloucestr ' & hertford ' salutem . cùm hac instante die jovis in crastino cinerum super liberatione edwardi primogeniti nostri finalem habere velimus tractatum , vobis mandamus in fide homag . & dilectione quibus nobis tenemini firmitèr injungentes , quòd omnibus aliis praetermissis sitis ad nos die jovis praedictâ nobiscum super hoc tractaturi & consilium vestrum impensuri , ne retardatio liberationis ipsius vobis per moram & absentiam vestram ad diem illum meritò possit vel debeat imputari , quòd nullatenùs velle deberetis , & hoc sicut nos & honorem nostrum & vestrum ac tranquillitatem regni nostri noc non praedicti filii nostri liberationem diligitis , nullo modo omittatis . teste rege apud westmonasterium decimo sexto die februarii . the th . day g of that february a memorandum was entred in the form following , viz. die mercurii . prox . post festum s ●i petri ad cathedram recepit dominus . rex sigillum suum à magistro johanne de chishull archidiacono london , & illud commisit thomae de cantilup sicut continetur in rotulo patentium hujus anni . teste rege apud westm ' . die februarii . the d of march next following roger de mortuomari for a small time pretending to submit ad pacem domini regis , as they that had disturbed it would have it to be believed , had writs to the subjects of herefordshire and shropshire not to molest him , or his tenants , viz. rex vicecom ' heref. h salutem , cùm rogerus de mortuomari nuper ad pacem nostram venerit , & propter hoc hominibus suis in guerra in regno nostro super mota secum existentibus gratiam sacere velimus , tibi praecipimus quòd omnes homines praedictos quos pro eo quòd in guerrâ praedictâ cum ipso fuerunt capi vel attachiari fecisti sine dilatione deliberari fac : nec ipsos de caetero ob causam praedictam occasionari fae , nisi ipsos pro aliquo delicto ante guerram vel post guerram praedictam seu pacem nostram proclamatam ab eisdem commisso ccperis vel attachiari feceris , pro quo secundum consuetudinem regni nostri deliberari non debeant . teste rege apud westm ' tertio die martii . eodem modo mandatum est vicecomiti salop. pro hominibus ejusdem rogeri . per regem & consilium . robert de ferrers earl of darbie , a man of great power and revenue , not keeping pace with their designes , but falling roughly upon some of his tenants that adhered unto them , ada de tybetot complaining , had by the king concilio baronum the mannor of thorpe in leicestershire restored unto her , for that it was never the intention of the barons , as they said , that any women , especially widows , not being guilty , should suffer in that warr , by a writ sent unto nicholas de hastings who held the lands of the said earl of darby upon seizure and sequestration , sub hac forma of the date aforesaid , viz. rex nicho. de hastings custodi terrarum roberti de farrar com. derb. salutem . monstravit nobis ada de tibetot gravitèr conquerendo , quòd praefat ' com. occasione turbationis habitae in regno nostro manerium praedictae adae de thorp . cum suis pertinentiis in com. leic. occupavit & sibi detinuit ad ejus grave dampnum & jacturam manifestam ; quod quidem manerium unà cum aliis terris praefat ' com. nunc est in manu nostra , ut dicitur , quia verò nostrae nunquam extitit intentionis aut baronum nostrorum , quòd aliquae mulieres , & praecipuè viduae , dampnum aliquod vel jacturam incurrere deberent occasione turbationis praedictae , nisi illae quae turbationis illius participes extiterint , vobis de concilio baronum praedictorum mandamus , quòd inquisita super hoc plenius veritate si praefatam viduam de manerio suo praedicto per eundem com. ejectam inveneritis , ut praedictum est , & si ipsa de praedicta turbatione in nullo culpabilis extiterit , tunc eidem viduae de eodem manerio cum suis pertinentiis sesinam suam rehabere fac . teste rege apud westm ' . die martii per iustic . p. de monteforti , r. de s ti johanne , & adam de novo mercato . the th . day of that march the like writ was sent to the said nicholas hastings , to restore the princess elianor wise to the prince the mannor of ashford in the peake , which being assigned to her , the said earl had entred upon , for that it was never the king 's and the barons intentions , that women not guilty should suffer by these wars in which they had not offended , in the form following . rex nicho ' de i hastings custodi suo terrarum roberti de ferrar comitis derb. salutem . cùm edwardus filius noster karissimus dudum ante turbationem habitam in regno nostro manerium suum de arkeford in pecco cum pertinentiis elianor ' consorti suae ad cameram suam assignaverit , quod quidem manerium praefatus comes occasione turbationis praedictae nuper occupavit , ac nostrae nunquam extitit intentionis vel baronum nostrorum , quòd mulieres quae participes non extiterint praedictae turbationis dampnum vel jacturam aliquam debeant incurrere ; cùmque praedicta elianora in nullo culpabilis sit de turbatione praedicta , vobis de consilio praedictorum baronum mandamus , quòd eidem elianorae de manerio praedicto quod unà cum praedictis terris praefati comitis nunc est in manu nostra , ut dicitur , seisinam suam rehabere fac . teste rege apud westmonasterium quinto die martii . per consilium . the th day of that march mandates were sent by the king to roger de shurland , guncelin de badylmer , simon de crey , & quibusdam aliis , to come to him upon palm-sunday , wheresoever he should then be in england , viz. mandatum est rogero de shirland , in fide & dilectione quibus regi tenetur firmitèr injungendo , quòd modis omnibus sine omni dilatione veniat ad regem , it à quòd sit ad r. die lunae prox . ante instantem diem dominicam palmar ' ad ultimum ubicunque tunc rex fuerit in anglia cum rege locutur ' , & hoc nullo modo omitt . teste rege apud westmon ' . martii . eodem modo mandatum est gunselmo de badilmer , simoni de crey , & quibusdam aliis . roger de mortuo mari and other lords of the marches of wales , being by the king at his being at worcester de consilio baronum qui sunt de consilio regis , ordered to go into ireland at christmas next following , according to the instructions given by the king , and his barons , which time was afterwards prorogued until mid-lent , and from thence until eight dayes after easter , the king commanded them all business laid aside to be at chester , ready to go thither as the writt ensueing required , viz. rex regero de mortuomari salutem . k cum nobis nuper existen ' apud wigorn ' de concilio baronum qui sunt de concilio nostro prefixerimus vobis & aliis commarchionibus vestris vicesimum diem post festum natale domini annoque &c. . ad transfretand ' in hibernia in forma per nos & barones nostros & vos provisa ibidem & ob certas causas terminum illum postmodum prorogaverimus de gratia nostra speciali usque ad mediam quadragesimam proximo sequentem & similiter terminum dictae mediae quadragesim ' prorogavimus usque ad octabis paschae prox ' futur ' , ità tamen quòd tunc parati sitis proficisci ad partes hiberniae informa supradicta , nos hijs quae honorem & commodum vestrum contingunt prospicere cupientes in hâc parte vobis mandamus firmitèr in jungentes , quòd omnibus negotiis praetermissis modis omnibus sitis apud cestr ' in octabis praedictis parati proficisci ad partes hiberniae in forma supradicta , & hoc sicut honorem vestrum diligitis nullo modo omittatis . teste r. apud westm ' . die martii . per totum concilium . john the eldest son of the duke of britain , having married the kings daughter , and sent his ambassadours unto him upon some propositions made unto the king , an answer was returned thereunto , that as the king intended to shew unto him all affection and favour , that could be expected from him , in which resolution terrae suae magnates were willing to be consenting , so as he would manifest himself faithful in its defence cum magnatibus praedictis , which will require his presence which was much desired with a safe conduct , or otherwise that he would send his procurators , sufficiently instructed to that end , as the writ declared . rex . l j. primogenito duci britan ' salutem . auditis & pleniùs intellectis hijs quae nuntij vestri nuper cum literis vestris de credentia ad praesentiam nostram destinati ex parte vestra proponere voluerunt coram nobis supere isdem cum magnatibus terrae nostrae deliberatum concilium & tractatum habuimus diligentem , porrò in hoc nostra resedit deliberatio , ut nos qui promissa nostra seu conventiones vobiscum habitas irritas facere non intendimus , non solum in hiis quae juris vestri sunt vestra cum affectu exaudiamus desideria , sed & ultra cùm facultas se optulerit etiam de proprio gratiam vobis facere debeatis specialem ad quae per filiae nostrae copulam affinitas dudum inter nos contracta , nec non & vestra merita probitatis specialitèr nos inducunt in quo etiam affectionis nostrae proposito praedictos terrae nostrae magnates nobiscum consentientes invenimus & concordes ; dum tamen regni nostri fidelem vos exhibere & ad ejusdem defensionem cum magnatibus nostris praedictis manum virilitèr extendere volueritis adjutricem , sicut praedicti nuntii vestri vobis plenius referre poterunt unâ voce quod negotium consummandum simul & roborandum , vestram prout citius hoc commode facere poteritis , desideramus praesentiam , nostras de securo conductu vobis literas transmittentes , quòd si quo minus personalitèr hoc facere possitis , quod nollemus casu aliquo fueritis impediti tales & tàm sufficientèr instructos loco vestro procuratores transmittatis , qui in omnibus quae negotium requirit , eandem quam si ibi praesentes essetis à vobis habeant potestatem . t. r. apud westm ' die martii . per regem & totum concilium . idem j. habet literas de conductu prout patet in rotulo patentium sub eadem data . henry de boreham ( a judge ) being excommunicated by the bishop of london , the king by the writ following commanded him not to intermeddle in any business , untill he should be absolved . rex henrico de boreham salutem . m quia nobis esset verecundum et vobis minimè tutum , si alicui ministerio quod ad regiam dignitatem vel regimen regni nostri pertineat immisceritis ad praesens , cum ad denuntiationem venerabilis patris h. london episc. intellexerimus , quòd meritis vestris exigentibus sententia , excommunicationis estis innoditi , vòbis mandamus , quòd ad prudentiùs quod poteritis vos ab hujusmodi ministeriis substrahatis , donec beneficium absolutions obtinueritis . t. r. apud gloucest . die aprilis . per justic. et al' de consilio apud gloucest . the castle of bamburgh , with other castles , being as pledges for prince edwards true imprisonment , put into the custody of gilbert de clare earl of gloucester and hertford and robert de neville , and the said earl having promised to deliver up the said castle , and to cause the said robert de neville to appear in the kings court , and answer his not doing it , and the earl being afterwards commanded to deliver up the said castle , returned answer , that he could not do it , for that he was in wales , defending his own lands and estate , against his enemies ; the king notwithstanding commanded him to come unto him , and render the castle , or give order to some that might do it , as the writ bearing date the th day of april , in the year aforesaid , directed . rex dilecto & fideli suo gilberto de clare comiti gloucest . & hertford salutem , n cùm vos & robertus de nevill eui castrum nostrum de bamburgh dudum commissimus , quod edwardo primogenito nostro unà cum quibusdam aliis castris nostris jam commisimus tradenda in ostagium , tàm pro ipso quàm pro pace in regno nostro tenenda , prout in forma inter nos & praefatum filium nostrum & barones praedictos provisa & concessa pleniùs continetur , in praesentiâ nostrâ & magnatum nostrorum qui sunt de consilio nostro bona fide super omnia quae in regno nostro tenetis permiseritis reddere nobis castrum praedictum , & habere praefatum robertum coram nobis ad standum recto in curiâ nostrâ sicut vos ipsi plenius nostis , per quod vobis nuper mandavimus , quod omnibus negotiis praetermissis aliquem de vestris plenam potestatem habentem reddendi nobis castrum praedictum ad nos indilatè mitteretis , & jam nobis rescripseritis , quod hoc facere nequivistis propter moram vestram in partibus walliae ad defensionem terrarum vestrar ' , contra wallen ' inimicos vestros nos excusationem illam minus sufficientem reputantes , maximè cum aliquem de vestris qui ad arma non intendit ad nos misisse potuissetis , qui nomine vestro & praesati roberti plenam haberet potestatem reddendi nobis castrum praedictum , vobis iteratò mandamus , in fide & dilectione quibus nobis tenemini firmitèr injungentes , quòd vos ipsi in propria persona vestra ad nos sine omni dilatione accedatis , castrum praedictum nobis reddituri , vel talem loco vestro mittatis plenam habeat potestatem reddendi nobis castrum praedictum in forma supradicta , & hoc sub poena praedicta mullatenùs omittatis . teste rege apud westm ' die aprilis , per com. leic. justic. p. de monteforti , r. de s ti johanne , & alios de consilio . the first day of may in the year aforesaid , the said henry de borham not abstaining from the office and business of a judge , whilst he continued under the sentence of excommunication aforesaid , the king commanded him not to intermeddle therein , until he should be absolved , as the writ following signified . rex henrico de borham salutem . o quia per assertionem venerabilis patris h. london episc. intelleximus , quòd meritis vestris exigentibus excommunicationis sententia estis innodati , per qued ab omnibus arctius vitari debetis , nolumus quòd placitis nos sequentibus aut aliis quibuscunque placitis nostris intendatis , nec quod de aliquo quod ad justic. pertinet vos intromittatis , donec beneficium absolutionis merueritis , & aliud à nobis receperitis in mandatis . teste rege apud gloucester primo die maii. per r. com. leic. justic. & omnes de consilio tunc aqud gloucester existentes . the th day of that may a memorandum was entred upon the close rolls of the chancery in these words , viz. die jovis prox . post festum s ti johannis ante portam latinam hora prima magister thomas de cantilup cancellarius regis tradiderit rand ' de sandwic . custod ' de garder . regis sigillum domini regis in praesentia ipsius domini regis assistentibus hug. le despencer justic. angliae & petro de monteforti custodiend ' usque ad reditum ipsius thomae sub hac formâ , viz. quod idem rad ' sigill . in garder ' regis custodiat sub signo alicujus infrascript ' p. de monteforti , rogero de s to johanne & egidii de argentin vel alicujus eorum . et quòd signo signantis fracto signabit idem rand ' brevia illa quae sunt de cursu in ipsius praesentia , si abesse voluerit , ea tamen quae sunt de praecepto non nisi in praesentia signantis sigillabit , & de ejus assensu & brevibus tàm de cursu quàm de praecepto sigillum regis sub sigillo suo & eodem sigillo regis subsignato idem rand ' tunc reportet in garder ' praedict . & sic illud usque ad reditum ejusdem thomae custodiet in garder ' regis , & ista facta fuerit apud gloucester o die maii. the prince having the command of the judaisme or bank of the usuring jewes , as also the mannor , town , and castle of stamford assigned unto him , and being about the th day of may in the year aforesaid escaped out of the castle of hereford , where he had been long a prisoner , the king continuing a prisoner to his rebel-barons , to save his own life did command the treasurer and chamberlaines of the exchequer , that taking with them thomas cantelup his chancellour , they should collect for his use the tallage ( or tax ) lately laid upon the judaisme , and to remove adam de winton and thomas de cropp two of their justices , and put into that office william haselbeck and command the said justice not to obey the prince his son , and prohibit all the jewes in england to do the like , for that the prince his son , spreto concilio of the king and his faithful barons , subitò & inopinatò had joyned himself to the rebellious party to disturb the peace of the kingdom . rex thesau . & camerariis p suis salutem . quia edwardus filius noster cum judaismum vestrum sicut nostis ad tempus commisimus , nostro prorsus & magnatum & fidelium nostrorum spreto consilio subito & ex inopinato jam recessit ad quosdam rebelles nostros se transferendo , qui nos gravare & pacem regni nostri perturbare proponunt , dictum judaismum cepimus in manum nostram , & ideò vobis mandamus , quòd assumpto vobiscum magistro thom ' de cantilupo cancellario nostro , si adhuc london existit , talliagium nuper assessum super judaismum praedict : per thomam de ippegrave ad hoc assignatum per praedictum filium nostrum videri & illud ad opus nostrum colligi & salvo custodiri fac . donec aliud inde praecipimus , adam vero de winton socium roberti de cropp ' ab officio suo amoveatis , & loco suo will ' de haselbech substituatis , ità quod iidem will ' . & robertus officio justiciariae jud ' à modo intendant donec alitèr inde duxerimus ordinandi & eisdem justic. firmitèr injungatis ex parte nostra , nè praefato filio nostro vel suis in aliquo intendant , & quod ab omnibus judaeis angl. hoc idem scire faciant , & hoc non omittatis . teste rege apud herefordiam tricesimo die maii. and the same day , having been enforced to stile his loyal barons rebels , sent his writs to the sheriffs of herefordshire , shropshire , and staffordshire to proclaim , that no faires and markets should be kept within their liberties , and baylewicks , untill he should give further order , and that all victuals to be sold should be brought to hereford , or wheresoever the king should be , in these words . rex vicecom ' hereford salutem . q praecipimus tibi firmitèr injungentes , quòd per totam ballivam tuam firmitèr inhibere fac . ex parte nostra , nè aliquae feriae vel mercata de caetero teneantur in balliva praedicta , donec aliud inde mandavimus , sed ubiquè proclamari fae . ex parte nostra , quòd omnia victualia venalia ad nos usque hereford veniant , & exindè nos sequantur . & talitèr te habeas in hoc mandato nostro exequendo , quòd diligentiam tuam meritò commendare possimus . t. ut supra . eodem modo mandatum est vic. salop. & staff. and directed another writ for the seizing of the town and castle of stamford which was the princess's as followeth , viz. rex thomae de blund custodi terrarum thomae de ferrar ' salutem , r quia edwardus filius noster cui villam de stamford unà cum castro ejusdem villae nuper comm●s●●us 〈◊〉 ●d 〈◊〉 〈◊〉 nostrum , sicut nostis , nostro prorsus & m 〈…〉 〈◊〉 〈◊〉 nostror ' spreto consilio subito & inopinato jam 〈◊〉 〈◊〉 〈◊〉 rebelles nostros se transferendo , qui nos gravare & 〈◊〉 〈◊〉 nostri perturbare propo 〈…〉 , v●bis mandamus 〈◊〉 〈◊〉 , quòd villam praedictam sine dilatione capiatis in ma 〈…〉 〈◊〉 〈◊〉 & cam salvo custodiatis , ità quòd de exitibus inde prove 〈…〉 no●is respondeatis . teste , ut supra . the king being inforced to make s in his name ( 〈◊〉 and clam ' as it were ) an hue and cry against his own ●on upon his fortunate escape , sent the same day notice unt● john de eynill , a judge and a man much adhering to the barons and trusted by them , of the prince's escape from his imprisonment at hereford , and believing that he would apply himself to john de warren , william de valence and others disaffected in pembrokeshire and the marches of wales ( as in the language of some in those rebellious times they were then phrased ) and thence to go beyond the seas unless prevented , commanded him in fide & homagio , and under the forfeiture of all that he had , that cum equis & armis , & toto posse suo sub omni festinatione , he should come to him at worcester to march against his enemies . et eodem modo commanded all that held of him in capite , as well earls , barons , knights , as bishops , abbots , and priors , those only excepted which were of the earl of gloucester's party , in manner following , viz. rex johanni de eynill salutem . cùm nos & quidam magnates & fideles nostri in partibus hereford t circá tranquilli●atem & pacem partium illarum jampridèm agentes pro viribus laboravimus , prout status part●on earundem requirit , sperantes edwardum filium nostrum ad hoc adductorem praecipuum & serventiorem prae caeteris invenisse , idem edwardus die jovis in ebdomade pentecostes circà horam vespertinam à militum comitiva quos secum adspaciandos extra hereford duxerat , cum duobus militibus & quatuor scutiferis propositi sui consciis spreto concilio nostro & magnatum & fidelium nostrorum praedictorum subito & ex inopinato recessit , volens nt pro certo credimus se ad johannem de warrennia & willielmum de valencia & complices suos qui nuper absque conscientiâ nostrâ & voluntate , & contra pacem nostram applicuerunt in partibus pembrochiae , ac etiam ad quosdam marchiones rebelles nostros & pacis nostrae perturbatores transferre , ut exinde partes ad●at transmarinas vel alios illue mittat , qui adventum alienigenarum in regnum nostrum per partes pembrochiae , cùm alibi non pateat eis aditus , ad nostram & regni nostri confusionem procurent ; & quia praefati rebelles nostri , licet adhuc pauci existant , per hoc potestatem & vires suas augere possent , nisi ●orum insolentia antèquam ulterius invaleseat citiùs reprimatur , nos de vestrâ & aliorum fidelium nostrorum fidelitate & constantia specialitèr confidentes , vobis manda●us in fide , homagio , & dilectione quibus nobis estis astricti , & sub periculo amissionis omnia quae in regno nostro tenetis , ac sub debito sacramenti quo omnes & singuli de regno nostro sunt ad hoc specialiter obligati , & quod volumus & firmitèr observari injungentes , quatenùs statim visis literis istis ●mnibus aliis praetermissis , cum equis & armis & toto servitio vestro nobis debito , nec non & toto posse vestro sub omni festinatione de die & nocte usque wygorniam veniatis , parati exinde in manu forti ire nobiscum super inimicos nostros praedictos , & hoc sicut exhaeredationem nostram & vestram & perpetuam regni nostri confusionem vitare volueritis , & vitam propriam diligitis , nullo modo omittatis , nec de summonitione exercitûs brevitatem temporis allegetis , quia urgentissima necessitas tempus non patitur ulterius prorogari , nè inter moras per adventum alienigenarum quos iidem rebelles nostri expectant , eorundem vires in nostri & regni nostri perniciem augeri contingat , qui adhuc dum pacisci existunt de facili nobis poterunt subjugari . teste rege apud hereford tricesimo die maii. eodem modo scribitur omnibus tenentibus de rege in capite tàm videlicet episcopis , abbatibus , prioribus , quàm comitibus , baronibus , militibus , & omnibus aliis , exceptis illis qui sunt pro parte comitis gloucestriae . robert de ferrers earl of darby , having threatned to burn and spoyl the lands and estate of the abby of bildwas , and made the abbot to pay him a fine of marks for the redemption thereof , a w●it was sent to thomas le blund , who had in sequestration the lands of the said earl of derby , that he should out of the issues and profits thereof pay unto the said abbot and covent the aforesaid marks in these words , viz. rex thomae le blund custodi terrarum roberti de ferrar ' comitis derby salutem . u cùm tempore turbationis nuper habitae in regno nostro praefatus comes minatus fuerit abbati & conventui de bildewas de incendio domorum & depraedatione bonorum suorum , per quod idem abbas & conventus metu ducti finem fecerunt per centum marcas cum comite predicto , quas eidem solverunt , ut accepimus ; nos corum paupertati pio compatientes affectu , & eis gratiam facere volentes in hac parte vobis mandamus , quod de exitibus terrarum & tenementorum praedictorum eisdem abbati & conventui centum marcas habere facias , in recompensationem centum marcarum praedictarum , & hoc nullatenùs omittatis , t. r. apud hereford ● dic junii . the same first day of june , the king being carried along with the rebel-army captive to hereford , and having commanded all that held of him in capite to attend him there cum equis & armis , issued out his writ or proclamation to gilbert de preston , and the rest of the justices of the court of his bench , to surcease all pleas and proceedings , to the end that none be damnifyed in any actions at the present depending before them , super brevia , and that all things may remain as they were before , untill the king should give further order , as the writ or proclamation imported . rex gilberto de preston ' w & sociis suis justiciariis suis de banco salutem , t quia pro arduis & urgentissimis nostris & regni nostri negotiis jam vocari fecimus omnes qui de nobis tenent in capite , quòd cum equis & armis , cum servitio suo nobis debito , nec non & toto posse suo quod perquirere poterunt ad nos omnibus aliis praetermissis in partibus ubi nunc agimus festinantèr accedant , factu●i quod eisdem duxerimus injungendum , propter quod ipsi persecutioni vel defensioni loquelarum suarum quae sunt coram vobis per brevia nostra ad praesens intendere non possunt , volumus quòd omnia placita de banco remaneant in eodem statu in quo nunc sunt , donec aliud inde praecepimus ; & ideò vobis mandamus quòd hoc publicè proclamari faciatis . teste rege apud hereford o die junii per ipsum regem , justiciarium , & alios de consilio . teste rege apud heref. o die junii . the fourth day of that june in the year aforesaid , a writ or commission was in the imprisoned kings name sent unto the mayor , bayliffs , and citizens of bristol , mentioning , that the prince his son , contemning the councell of him and his barons , had joyned with his rebels ( for so they would style his more faithful subjects ) and endeavoured to go beyond seas to bring in forreigners , and to make out warrants and precepts in the name of the king , pretending it to be well pleasing unto him , quod absit , ( say that distressed kings commanders and tutors against his will ) and make him break his oath and peace made for the good of the kingdom , and to withdraw his subjects from their obedience , commanded them to obey his well beloved and faithful simon de montfort earl of leicester and john la war ' subconstable of the castle of bristol , or their substitutes , cum equis & armis & toto posse suo , as they tendred his good and their own estates , and in no manner of way to yield any obedience to the prince his son contrary to his command ; and for that he had been given to understand , that some ill-minded people have falsely suggested , that he hath not been made privy to what hath been done in his name required them to send . or . of their di●●r●●t●st and most honest citizens to him to be better informed of his will and pleasure therein , and that in the mean time strongly guarding the said town and castle , they do not suffer his said son or any on his behalf to enter therein , as the writ hereunto subjoyned dated at hereford will declare , viz. rex delectis & sidelibus suis , maiori , ballivis & probis hominibus x suis bristoll . salutem . cùm edwardus filius noster nostro & magnatum nostrorum spreto consilio se ad quosdam marchiones ac etiam alios inimicos & rebelles nostros trans●●derit , ut sic partes adeat transmarinas , vel alios illuc mittat qui alienigenas in regnum nostrum ad nostram & ejusdem regni confusionem introducant , nisi ipsius temeraria praesumptio citius reprimatur ; ac idem edwardus nomine nostro diversa facit mandata fingendo ●a nobis complacere , quod absit quòd hujusmodi mandata contra sacramentum nostrum & suum , & pacem in regno nostro co 〈…〉 iter ●uratam existant , ut sic corda vestra & aliorum fidelium nostrorum à fidelitate nobis debitâ avertant , nos de vestrae fidelitatis constantià quam ergà nos ●actenùs inde●essè gessistis plenam gerentes fiduciam vobis mandamus in fide & dilectione quibus tenemini rogantes & firmiter injungentes , quatenus dilecto & fideli nostro simoni de monteforti comiti leycestriae & johanni la war ' subconstabulario suo castr● praedicti vel ballivis suis ibidem tam equis & armis & toto posse vestro in omnibus quae ad custodiam castri praedicti pertinent auxiliantes sitis & consulentes , ità quòd fidelitatem etiam commendare debeamus , & hoc sicut honorem nostrum & vos & corpora vestra & omnia quae tenetis in regno nostro diligitis nullo modo omittatis , mandatis praesati filii nostri in nullo obtemperantes contra mandatum nostrum praedictum ; & quia intelleximus quòd aemuli quidam nostri vobis falsa suggerunt , quòd hujusmodi mandata nostra â nostrà conscientiâ non emanant placeret nobis , quòd decem vel duodecim de probioribus & discretioribus hominibus villae vestrae ad nos accederent voluntatem nostram super hoc pleniùs audituri , nihilominùs etiam circa custodiam villae vestrae praedictae tàm virlit●r & stre●●è vos habeatis prout alias vobis mandatum , quòd nec praesatus filius noster nec aliqui ex parte sua villam praedictam ingrediantur , seu aliquatenùs in villâ praedict ' receptenter , t. r. apud hereford quarto die junii . the king being at hereford the th day of that june in the year aforesaid , complaining that his son adhered ( as symon montfort and his partners constrained him to say ) to his rebells , and did publish themselves to be zealously willing to keep the peace and agreement which had been made by the consent of him and the whole commonalty of the kingdom , ( which if not comprehended in the nobility , which certainly they believed , was then a great untruth neither possible or probable ) and in regard that the bishop of london was a witness to the said agreement , and best acquainted with his actions therein , which might manifest who hath been most desirous of a peace , commanded him and all the rest of the prelates without delay to come to advise with him at glouc. the like writ being sent unto the bishops of winchester , ely , chester , salisbury , coventry , and lichfield , bath and wells with this addition , viz. and because under a colour of truth they did all that they could to draw unto them the hearts of the people , and that by the testimony of the king himself , and of them and the rest of the praelates , although the truth will appear , that it was not the king but those rebells ( for so in dread of his own and of his son's murder and death he was necessitated to call them ) that caused those troubles and discords , concerning which they were to make all hast , as the writs themselves sub hâc formâ did import . rex episcopo london salutem . quot & quantos labores nos & vos & alii praelati ac etiam magnates nostri pro pace regni firmanda , & liberatione edwardi filii nostri sustinuerimus , benè nostis , per cujus siquidem liberationem tumultuosis credamus pacem dedisse negotiis quae jam majori strepitu recidivant , idem enim edwardus nostro & fidelium nostrorum spreto consilio , sicut vobis & praelatis praedictis jampridèm significavimus , quibus rebellibus nostris jam adhaeret qui se regii honoris nec non tranquilitatis & pacis totius regni praecipuos dicunt esse zelatores , & ordinationes nuper london ( which have been yet invisible ) de nostro , & dicti filii nostri ac totius communitatis regni nostri assensu unanimi confectas concorditèr & approbatas in omnibus ut asserunt observare volentes , 〈◊〉 voce praedicant , & aliud opere manifestant ; & quia de nostro proposito & voluntate , & etiam de actibus ipsorum circà praemissa vobis qui ordinationum praedictarum conscii estis & testes esse debetis , ac etiam praecipui pacis amatores veritatem patere volumus , evidentèr vobis mandamus sub debito fidelitatis quibus nobis estis astricti firmitèr injungentes , quatenùs omni dilatione & excusatione postpositis ad nos sub omni festinatione usque gloucestriam accedatis , super praemissis ( which shews that supposed parliament had no long continuance ) consilium vestrum impensuri ; & hoc sicut honorem nostrum & vestrum diligitis & indempnitati totius regni prospicere volueritis nullo modo omittatis , nos enim hoc idem caeteris praelatis duxerimus injungendum . t. r. apud heref. . die junii . eodem modo mandatum est episcopis lincoln , winton , cestr ' , elyen ' , sarum , coventry & litchfield , bathon ' , & wellen ' cum adjectione subscripta , & quia tantam eorundem malitiam sub fictae veritatis colore per diversas partes praedicari faciunt , ad com●●ovenda corda populorum vestrum s 〈…〉 o cordis affectu peroptamus adventum , ut nostro , vestro , & aliorum praelatorum medianti testimonio veritas praevalere possit , & evidenter pateat non nos sed praefatos rebelles nostros subortis jam dissentionibus clàm praefecisse ; ut igitur ad honorem dei nostram & vestram & communem regni utilitatem vestro mediante consilio quo uti intendimus , possint ipsa negotia procedere , gressus vestros in quantum poteritis versus nos maturetis , nè per moras dictas dissentiones augeri contingat , ut sic exitium consequantur duriorem . but whilst that great rebell montfort , brother-in-law to his king and one of the god-fathers to the prince his son , taking himself to be too great to be a subject , and not being able to contain himself within the limits of gratitude and allegiance , or to resist the intreagues of the king of france , a long before dangerous and profest enemy to his king and soveraign , and altogether unwilling to lose the opportunity of a factious and discontented part of the english baronage , driving his charriot , furiously like jehu , though not with so good an authority , impowered as he thought , to make every one come behind him , and believing himself to be in so firme a league with his fortune and security , and assisted by lewelline prince of wales , who had confederated with him to raise a disturbance upon the lands and estates of mortimer , clifford , the earl of gloucester , and other barons marchers , so as they might not be in a condition to aid or relieve the king ; and he needed not dread any danger of losing the prey which he had gained , but might make what use he would of his haughty and domineering spirit , give laws to his assisting partners , and not be obliged to keep his agreement with gilbert de clare earl of gloucester and hertford , about the dividend of the spoil or share of the regal power , became taxed for doing more for his own particular than the publick good , usurping the redemption of prisoners at his pleasure , and to prolong the business did not to use the means of a parliament to end it ; his sons also , and peter de montfort his kinsman ( presuming upon his success and greatness ) growing insolent , which made the earl of gloucester to desert him and his party ; and the more loyal barons not well pleased to have their king led about captive ; and those who had so deeply engaged with montfort , x for the provisions extorted from the king at oxford , could not well digest so great an affront put upon him and themselves , and to have the king and kingdom y governed at the discretion of twenty-four conservators , after reduced to a much lesser number , into which every one could not be admitted , calmely considering the great confusions , envies and ambitions , which would happen by so ( like to be so ) dangerous and unquiet an innovation , were content and propounded , that those ordinances or provisions should be made void , and the king restored to his former rights and condition ; but peter de montfort a principal rebel as well as a near kinsman of symon de montfort's with four others opposed it , and was made governour of hereford not long before the prince's escape from his imprisonment there . which was principally contrived by the means of roger de mortimer , who seeing his soveraign in so great a distress , and nothing but ruine and misery attending himself and all other the king 's loyal subjects , could take no rest until he had by his intelligence and correspondency held with gilbert de clare earl of gloucester , william de valence earl of pembroke , newly returned into england , the lord clifford , and other the loyal barons z marchers , wrought some way for the deliverance of the prince , in order to that of the king. which was in this manner effected ; a swift horse was sent , as a present to the prince then prisoner in the castle of hereford , whither the army had afterwards brought the king in no better a condition , with intimation that he should obtain leave to ride out for a tryal , or for recreation , into a place called widmersh , and that upon sight of a person mounted upon a white horse at the foot of culington hill , and waving his bonnet ( which was , as it was said , the lord of croft , an a ancestor of the now bishop of hereford of that sir-name and ancient family ) he should hast towards him with all possible speed ; which being so accordingly done , as he ( though all the country thereabouts were thither called to prevent his escape ) setting spurs to that horse out-rid them all , and being come to the park of culington was met by roger de mortimer with five hundred armed men , who turning upon the many pursuers , chased them back with a great slaughter to the gates of hereford ; b but by henry knighton and others it is related , that roger de mortimer having sent the prince a swift horse for that purpose , which he obtaining leave of peter de montfort to try , if he were of use for the great saddle , first wearied out other horses , and then got on the swift horse ( a boy with two swords whom the said roger de mortimer had sent being near with another horse ) and turning himself to robert de ross then his keeper , and to others by-standers said , i have been in your custody for a time , but now i bid you farewel , and so rode away ; the said roger de mortimer with his banner displayed receiving him at a little hill called dinmore conveyed him safe to his castle at wigmore . which did put montfort and his fellow-rebels into such a consternation and care of themselves and the custody of their royal prisoner , as besides their many cautions to watch his motions , and stop the princes passage into the parts beyond the seas , a writ was sent to the sheriff of herefordshire in the king's name , commanding the most of the gentry of that county ( amongst whom hugo de croft c was mentioned ) to come cum equis & armis & toto posse suo ad desensionem villae de hereford , and to the king wheresoever he should be , under the pain of forfeiture of all that they had , and for ever to be disherited . sect . viii . of the actions of the prince after his escape , his success at the battle of evesham , release of the king his father and restoring him to his rights . prince edward being thus at liberty , did by the help of mortimer , d clare earl of gloucester , the earl warren , william de valence earl of pembroke , the lord clifford , and other the lords marchers , soon raise a powerful army , multitudes of the counties of hereford , worcester , salop and chester coming to his aid , took the castle and city of worcester , had the castle of monmouth delivered unto him , which he demolished ; surprized the town of kenilworth in warwickshire , whither young simon de montfort had brought up many of the northern barons of that party to the number of banners , took no less than thirteen of the chief of them , young simon and others escaping into the castle . in the mean time the said symon earl of leicester , carrying the king along with him as his prisoner , upon lammas day being the first day of august , receiving intelligence that the prince was at worcester , and not knowing that kenilworth was taken , marched towards evesham about break of the day , on purpose to meet with those barons , which his son had brought out of the north , of which the prince being advertised , advanced speedily after him , and got betwixt him and kenilworth , mortimer and the earl of gloucester so disposing the forces which they commanded , as that he was almost invironed . seeing himself therefore in that streight , he forthwith drew out his men , and prepared for battell , it being then the nones of august , and ascending the hill discovered prince edward and his army on the top thereof , which was divided into three parts ; the first led by himself , the second by the earl of gloucester , the third by mortimer , the business being so ordered , that no other colours appeared then the banner of young symon and the rest taken at kenilworth , which caused the earl to suppose , that many of them had been of his own party , but upon further view he understood the contrary , for the prince afterwards took down those colours , and instead of them erected his own and the earl of gloucesters banners on the one side , and mortimers towards the west , which unexpected sight caused such a discouragement in the army of the barons , as that the welsh betook themselves to flight , and the rest being over-powerd were totally routed , so that few escaped the slaughter : of those who were slain and not taken prisoners , were as to the principal persons symon de monfort earl of leicester himself ( whose head , hands , and feet being cut off , were sent to the lady mortimer then at wigmore castle ) henry de montfort his eldest son , hugh le dispencer then justice of england , ralph basset of drayton , thomas de astely , peter de montfort , william de mandeville , john de beauchamp of bedford , guy de baliol , and divers other persons of quality , with a multitude of the common sort : of those that were wounded and taken prisoners , the chief were , guy de montfort a younger son of the said symon de montfort , john fitz-john , humphry de bohun the younger , john de vescy , peter de monfort junior , and nicholas de segrave ; and it was said that when the earl of leicester discerned the form of the princes battalia , he swore by the arm of st. james ( his usual oath ) they have done discreetly , but this they have learned of me , let us therefore commend our souls to god , because our bodies are theirs ; f and encouraging his men told them , they were to fight for the law of the land , yea the cause of god and justice , and advising hugh le despencer , ralph basset , and some others to flie , and reserve themselves for better times , they refused so to do , but rather chose to die with him . who although he was an arch-rebell , and in that a pest or plague unto the nation , yet the deluded people could not think f it enough to honour and follow him in his life time , but would in the fame of his supposed miracles have worshipped him for a saint after his death , if the king had not prohibited them . sect . ix . of the proceedings of king henry the third after his release and restauration until his death . the long imprisoned and sadly misused king thus happily released out of his thraldome , but yet with the loss of some of his own , as well as too much of his subjects blood , by a wound casually received in the battle , was now rid of his jaylor , whom he feared and hated , as he said himself more than any man living , and he that before was forced to write and speak as montfort and the rebellious barons would dictate unto him , obey their orders as soon as they were proposed , declare his son and loyal subjects rebels , and the rebels his most faithful councel , could like a bird out of the snare of the fowler , when he was at liberty , and had escaped their tyranny , give them their proper names and titles , call their whole business a rebellion , and made them glad to receive their pardons , under the character of his enemies , g as in the pardons of john fitz-john , basset , and others , and with the victorious prince , the redeemer of him and the kingdom , went to winchester , where a parliament being convoked , all who adhered to simon de montfort , were disinherited , and their estates conferred upon others at the king's pleasure , the liberties of london forfeited and taken from them ; in which year that valiant prince his son , as h mat. paris hath recorded it , fought a single combat with adam de go●rdon the out-law near farneham , where finding him in the woods , and personally engaging with him , the fight continued so long , and with such animosity and courage on both sides , as they as well as the spectators marvailing at each others extraordinary unwearied valour , the sturdy out-law was at last content , upon the prince's offer to procure his pardon , to throw down his arms , and was restored to favour and his former estate . and the king notwithstanding the success at the battle of evesham , and his advantages gained thereby , continuing his endeavours to free his kingdom from the danger , damage , and disturbance of any further rebellion , having gathered together a formidable army , treated upon hostages given with young simon de montfort , for a peace to be granted unto him as to his own particular , and for the delivering up of the castle of kenilworth , wherein he had despitefully behaved himself by cutting off the hand of one of his courriers whom he had intercepted , and sending it unto him in a ridiculous jee●ing manner , not only from himself , but some of his complices that were forfeited and disherited . but they that were in the castle denying to surrender it , either to the king or symon , in regard that they were intrusted by the countess of leicester , who was beyond the seas , and without her order they would not do it . in the mean time , whilst the king besieged killingworth castle , which held out half a year , a great party of those that were disherited growing desperate , retired to the isle of ely , which they did begin to fortifie , and from thence making incursions into the adjacent parts did great mischief . which to repress , ●aith i mathew paris , citantur communium communes ad ●os vallandos & eorum egressum impediendum , which in great numbers they endeavoured to doe , but were over-reached by the military arts and stratagems of the montfortian party , the king having the castle of kenilworth surrendred unto him . symon and guy de montfort sons to the earl of leicester , with the disinherited barons who escaped from the battel of evesham , defending the isle of ely , the king and the prince going with an army against them streightly besieged them , and tendred them afterwards gentle conditions , wherein the king 's privy councel were divided , for that mortimer k having the whole earldom , honor , and great estate of the earl of oxford , after the battle of evesham granted unto him , and many others who had great quantities of the disherited parties lands given unto them , were unwilling to forgo what the king had for their valour and fidelity bestowed upon them , and therefore would hold what they had ; but gloucester and the twelve ordained to deal for the peace of the state , and other their friends , which were many , stood stifly for a restoration . which raised new displeasures , so as gloucester retired from the court , and sent a messenger to require the king to remove strangers l from his court , and observe the provisions made at oxford , according to his last promise made at evesham , otherwise he should not marvel , if himself did what he thought fit ; whereupon in the one and fiftieth year of his raigne at s t. edmunds-bury was a parliament summoned , unto which were cited comites & barones , archiepiscopi , episcopi & abbates m and all who held by knights service were to appear with horse and armour for the vanquishing of those disherited persons , who contrary to the peace of the kingdom held the isle of ely. john de warren earl of surrey and william de valentia were sent to the earl of gloucester ( who had leavied an army upon the borders of wales ) to come in a fair manner to that parliament , which he refused to do , but gave it under his hand , that he would never bear arms against the king , or his son edward , but to defend himself and pursue roger mortimer and other his enemies , for which he pretended to have taken armes . the first demand in that parliament which was made by the king n and the legat , was , that the clergy should grant a tenth for three years to come , and for the years past , so much as they gave the barons for defending the coasts against the invasion of strangers : whereto they answred , that the war was begun by unjust desires , which yet continued , and it was more necessary to treat of the peace of the kingdom , to make use of the parliament for the benefit thereof , and not to extort moneys , considering the land had been so much destroy'd by the war , as it would never be recovered . when it was required , that the clergy might be taxed by laymen according to the just value : they answer , it was neither reason nor justice that they should intermeddle in collecting the th , which they would never consent unto , but would have the antient taxation to stand . it was desired , that they would give the th of their baronies and lay-fees according to their utmost values : they answered , that they were impoverished in attending the king in his expeditions , and their lands lay untilled by reason of the wars . it was moved , that in liev of a th they should give among them marks to discharge the king's debts , contracted concerning the kingdom of sicily : they answered , they would give nothing , in regard that all those taxations and extortions formerly made by the king , were never converted to his own use , or the benefit of the kingdom . demand being made , that all the clergy-men which held baronies or other lay-fees , should personally serve in the wars : they answer , they were not to sight with the material sword , but the spiritual , and that their baronies were given of mere almes . being required to discharge the ● which the bishops of rochester , bath , and the abbot of westminster stood bound to the pope's merchants , for the king's service at their being at the court of rome : they answered , that they never consented to pay such loan , and therefore were not bound to discharge it . then the legate from the pope required , that without delay praedication should be made throughout the kingdom , to incite men to take the cross for the recovery of the holy land : whereunto answer was made , that the greatest part of the people were already consumed by the sword , and that if they should undertake that action , there would be none left to defend the kingdom , and the legate seemed to desire to extirpate the nation and introduce strangers . lastly , when it was urged , that the praelates were bound to yield to all the kings demands by their oath at coventry , where they did swear to aid him by all means possible they could : they answered , that when they took that oath , they understood no other aids than spiritual and wholsome councell . so nothing but denyals being obteyned in that parliament , the legat imployed some to sollicite the disherited lords , that held the isle of ely , to leave off their robberies , and return to the peace of the king , the faith and unity of the church , according to the form provided by the dictum de kenilworth , made by a commission of the king ( no dict or act of parliament ) to of the peers , for the redemption of their inheritances , given away by the king for five say some , other seven , years profits . they who had no lands were to give their oaths , and to find sureties for their peaceable behaviour , and make such satisfaction and undergo such penances , as the church should appoint ; they who were tenants should lose their right to their farmes , o saving the right of their lords ; they who did instigate any to fight against the king , should forfeit the profit of their lands for two years ; and if any person should refuse those conditions , they should be de exhereditatis , and have no power of recovering their estates ; in which composition or dictum , some persons , and particularly symon de montfort himself and his heirs , were excluded . to which they answered , that they hold the faith received from their catholick fathers , and their obedience to the roman church , as the head of all christianity , but not to the avarice and wilful exactions of those who ought to govern the same . and that their praedecessors and ancestors , whose heirs they were , having conquered the land by the sword , they held themselves to be unjustly r disherited , and that it was against the popes mandate they should be so dealt withal : that they had formerly taken their oaths , to defend the kingdom and holy church ( all the prelates thundring the sentence of excommunication against such as withstood the same ) and according to that oath they were prepared to spend their lives ; and seeing they warred for the benefit of the kingdom and holy church , they were to sustain their lives by the goods of those that detained their lands , which the legat ought to cause to be restored to them . besides , they declared to the legat , that they had irreverently ejected out of the kingdom the bishops of winchester , london and chester , whereby the councell of the kingdom was in great part weakned ; willed that they might be restored to their lands , without redemption ; that the provisions of oxford might be observed , and that they might have hostages delivered unto them into the island , to hold the same peaceably for five years to come , until they might perceive how the king would perform his promises . but this stubbornness so exasperated the king , as the next year following , with a mighty army he did so beset the isle , as he shut them up , and prince edward with bridges made on boats entred the same in diverse places , and constrained them to yeild . and in the d . year of s his raign devastavit , saith matthew paris , per totum regnum de comitatu in comitatum , qui stabilem contravenientibus intentarent , ut videlicet , si quid possessiones alienas , sive ovium , vel boum , vel aliquid usurparet injustè , subiret sententiam capitalem . in the mean time the earl of gloucester with his army marched to london , where by the citizens he was received ; but the legat residing in the tower so prevailed with him , as he rendred himself to the king , and was shortly after reconciled by the mediation of the king of the romans , and the lord philip basset , upon the forfeiture of marks if he should ever raise any commotion . which being effected , the king went with an army into wales against lewellin their r prince , for ayding simon montfort and the earl of gloucester against him ; but his wrath being for l. sterling appeased , a peace was concluded betwixt them , and four cantreds which had been taken from him by right of warr restored . whereby those bloody , long , and ruining controversies betwixt that unfortunate prince king henry the third , and a great ill disposed part of his subjects , led and managed by some of his overgrown nobility , and haereditary great officers of his crown and estate , ( which had in and from his infant age to fifty-seven vexed and disquieted him and his government ) were drawing towards an end . and whilst ●e laboured to repress those disorders which the warrs had produced , issued out his writs to all the sheriffs s and justices itinerants , to leavy ● with all speed out of the extract rolls of fines and americaments , to be paid into the exchequer for the expences of william de beverlaco prince edwards chaplain , sent to rome about his affairs . and in the same year beholding with tears the ruines of the burnt and deformed t church of norwich , after the bishops excommunication of all that had consented unto it : and trivet the judg punishing the offenders , he fined the city in marks of silver , towards the repairing of that church , and a cup of gold of the value of one hundred pounds . in the th year of his raign , parliamentum tenuit apud marleburgh in quo de assensu comitum & baronum ( no mention at all being made of the commonalty , as well high as low , in the record , but is justly to be charged as a fault or mistake upon mr. pulton's translation of our statutes into english ) edita sunt statuta . the legat ottobon signed with the croysado both the king's sons edward and edmond , the earl of gloucester and divers other noble men undertaking a war for the recovery of the holy land , prince edward in that long and perillous journey carrying with him his beloved consort elianor then young with child , and mortgaging gascony to the king of france for marks , who was also personally engaged in the same expedition , and left his aged father the king , broken with the cares and toyles of war , and imprisonment , who after his son prince edward's departure , being in the fifty-fifth year of his raign , having borrowed moneys of his brother richard king of almaine , to help to set forward his son edward , and falling desperately sick and past all hopes of recovery , assigned unto his said brother all the revenues of the crown , except wardships ; u marriages , releifes , escheats of the counties , eyres of the justices , and the juries , which he retained in his own hands to his own use . a nostre soustenance ( as the words of the record are ) & de nostre reyne e de nos mesnees e a nos de nos dettes aleger . and shortly after being doubtful of his recovery from that sickness , whilst prince edward his son and heir to the crown was engaged in that so called holy war , wrote his letter of advice unto him speedily to return into england upon his fatherly blessing , notwithstanding his vow and engagement in that affair , in such manner as might be most for his honour in these words , viz. rex edwardo primogenito suo karissimo salutem & paternam benedictionem ; tenore literarum vestrarum nobis super vestro comitivae vestrae statu prospero & jocundo , benedictus deus , transmissarum audito pleniùs & intellecto laeti efficiebomur w & hilares in immensum , & ettam ante receptionem ipsarum literarum tanta & tam gravi infirmitate detinebamur , x quòd onmes & singult existentes physici & alii de vita nostra comm●●iter desperabant , nec tempore quo later praesentium à nobis recessit de nostra convaltscentia spes aliqua habebatur , verùm tamen prout altissimo de statu nostro placuerit ordinare vos indè per nostros nuntios reddemus frequentiùs certiores , undè cùm vos in haereditatem ( not by election ) regni nostri tanquam primogenitus & haeres noster post nos succedere debeatis , vos post receptionem praesentium ad partes remotiores nullatenùs transferatis , antè qùam de statu nostro certitudinem habueritis pleniorem , tùm quia si papa crearetur & mandaret charissimo fratri nostro regi alem illustri avunculo vestro , cui custodia regni praedicti de concilio vestro commissa fuit , oporteat ipsum pro statu sui regni alem ' ad curiam romanam modis omnibus personaliter accedere , ità quòd ad depressionem quorundam male volorum infra regnum nostrum existentium sicut nostis intendere non posset , ut expediret , tàm quia si occasione mortis nostrae ( quod absit ) vos oporteat ad propria remeare causa regiminis regni praedicti recipiendi cum rege franciae , qui ad partes franciae in brevi reversurus est ( ut dicitur ) honestè redire poteritis & decentèr , super quibus omnibus tale concilum habeatis , quale vobis & honori vestro ac ipsi regno , & paci , & tranquillitati ejusdem magis videritis expedire ; & hoc sub obtentu paternae benedictionis nullatenùs omittatis , & ut vobis de voluntate nostra constet in praemissis consulimus bonâ fide , quòd ad propria redeatis sine morâ , quià vestris & regni praedicti negotiis ad votum ordinatis & dispositis poteritis cum praefato rege franciae redire versus terram sanctam in subsidium ejusdem prout màgis noveritis convenire ; teste rege apud westm ' o die februarii . and tired with the many troubles , with which the rebellious and unquiet spirits of too many of his subjects had from his infancy never ceased to torment him , exchanged his earthly habitation for a better before his son could hear of his death , or return to take possession of his kingdom and inheritance . and although he against his will left behind him the first original or draught of a constitution or design of an house or convocation , now called an house of commons in parliament , which can claim no better an extraction then it's birth and first procreation from a force and duress of imprisonment , put by a rebellious army upon their vanquished soveraign , whilst he was in dread of the life of himself and his son , and his brother and his son , for more than a year and a quarter , and led about , and made to say , and do , and yeild unto every thing , which they would have him . that afflicted prince did not after the battle of evesham , during all the time of his raign , which continued about eight years after , make use of that kind of writs of summons , or of that form for the election of knights , citizens and burgesses to let in the tide of the vulgar with their ignorance , upon his highest and greatest councel . and those new-contrived writs of summons could not in all probability obtain a quiet sitting , or accommodate the pretended ends and purposes of the framers thereof , neither be intended to erect a third estate , nor agree with the constrained conservatorships , or other their designs , otherwise than to maintain those rebellious barons in the powers that they had usurped . sect . x. that those new contrived writs of summons , made by undue means upon such a disturbed occasion , could neither obtain a proper or quiet sitting in parliament , or the pretended ends and purposes of the framers thereof , and that such an hasty and indigested constitution could never be intended to erect a third estate in the kingdom , equal in power with the king and his great councel the house of peers , or consistent with the pretended conservatorships , or to be co-ordinate with the king and his great councel of peers , or to be a curb to any of them , or themselves , or upon any other design , then to procure some money to wade through that their dangerous success . in regard that very many of the counties , and a great part of england , as most of the northern , much of wales , and the marches thereof under the influence and power of valence earl of pembroke , mortimer , clare earl of gloucester , clifford , le strange , and other welsh lords marchers , and of john balioll , and other of the northern barons joyned to the power and influence of gilbert de clare earl of gloucester after his forsaking of montfort , neither could or were like to come unto that so packed parliament ; for richard earl of cornewall had very many borough towns in that county ; wales and its thirteen shires , and the largely priviledged earldom of chester sent no knights or burgesses to sit in the house of commons in parliament , either then , or before , or since , until by an act of parliament made in the later end of the raign of king henry the eighth , they were authorised to be elected for that purpose ; warren earl of surrey , and sussex was not in those counties destitute of many , ferrers earl of darby falling off from montfort could not but in the large extent of his estate drew away very many of their well-wishers , followers , friends , allies , tenants , or dependants , and such as held of them by knights service , and in soccage or burgage , and many knights , citizens , and burgesses to be so elected ( except those in london and westminster , if any did then appear to have been chosen ) as not dareing to come to that kind of new parliament without a convoy ; although the power of the earl of oxford one of their associates in the county of essex was then very great , whilst they were almost daily and hourly haunted and tormented in their minds and estates with jealousies , fears and dangers , and the often sad and dolorous tidings of devastations , slaughters , plunders and sequestrations ; that misused king himself not being able to have any of his servants or subjects that he had , sent for to come unto him , without a convoy to defend them from spoil and pillage . and the exactest search , that hath been or can be made , cannot find any formal or certain sitting of a parliament , any writs or indentures returned , any session , act or thing done in that so newly framed parliament , when the minds of the rebels themselves were so tormented and distracted with fears and cares to preserve themselves and their royal booty , as they could neither be safe in keeping of him , or restoring him to his liberty ; for that the abused lyon , patient for a while against his will , once let loose might remember past injuries , and tear them in peices ; and no act or memorial can be seen of any more , than the petition of two of the knights elected for the county of york , and their allowance of wages , where the rebellious party seemed to be most powerful , ( no burgesses of the many towns and boroughs in that large county at all , it seems , then appearing or petitioning ) by a tax or levy made upon that county , which created the first president or custom of giving wages unto knights of the shires ( no other knights of the shires or burgesses of townes , if there were or had been any elected , then demanding the like allowance ) and that which was allowed the said yorkshire knights was , partly for expences supposed in their helping to guard the maritime parts to keep out strangers , or the kings own subjects in his several provinces of france , from coming from the parts beyond the seas to assist him , no journal or record of any petitions made , or grievances exhibited , conferences , debates , decisions , acts , orders or ordinances , and that one that was made was only to engage and cozen as many as they could of the bishops and clergy into their own design . and therein none of the commons , or men of that election , do seem at all to trouble their heads , or be named as actors or consenters therein ; for it is expresly said to be provided , per commun assentement du roy & des prelaz des contes & des barons de la tere , & a fermete en tesmoinaunce le roy & les hauz hommes de la tere ont mis leur seus ; neither doth there appear to to have been any prorogation or adiournment thereof . and there was like to have been no small want of money , when symon de montfort and his partners , especially after the earl of gloucester's sullennes and departure from them , to maintain and keep together so instable a people , and so great a number for the guard of their royal prisoners and their own evil doings , marching and maintaining their army from place to place , ungarrisoning and garrisoning divers of the king's castles and places of strength , together with the no small charges of their disloyal contrivances , envoys , and ambassadours to their good friends , the king of france , and the pope . their great necessities appearing very demonstrable , in their harshly pressing the bishops for some arreares of the clergy , tenths , seizing and sequestration of the rents and estates , as much as they could come at , of the loyal party to the pretended use of the king , taking away the tax and tallage of the judaism or banks of the jews ( the then , besides the caursini the popes bankers or brokers , only usurers of the kingdom , ) which had been assigned to the prince ; not omitting the getting into their hands the tolls and profits of the markets and fairs appertaining to his mannor of stamford , who untill the very instant of his escape from the castle of hereford , where he had long lain a quiet prisoner under their persecution , had enjoyed them . all , or but some , of which might have given them a temptation and opportunity , if they had had the mind or least inclination to it , to have taken those few commons that were with them into their association , and moulded them into a neverbefore-used form or figure of a parliament ( ever since so mistakenly called , ) or constitution of a third estate and house of commons therein , when anciently and long before our kings great councels or parliaments consisted only of such lords spiritual and temporal , as they should please to advise withal , and those commons which they had with them do not appear to have made any act of parliament or ordinance for the raising of money to support the charges of their rebellion . but that part of the baronage appeared to have been so unwilling to take them into their company , or give them any occasion to contemn or lift themselves above their former condition , as when in the difficulties with which they wrestled , upon the prince's denying his consent ever to have been given to a supposed ordinance then lately ( as they would have as many as they could make believe it ) to have been made at london , by the prelates and barons , by the unanimous assent of the king and his son the prince & totius communitatis regni , concerning the setling of peace in the kingdom , the freeing of the prince from his imprisonment , and the discharge of the ill opinion which many of the people had of their actions , they were constrained to send writs in the king's name the th . of june in the same year of that imprisoned king , dated at hereford , unto the bishops of london , winchester , ely , salisbury , chester , coventry and lichfeild , bath and wells , and the rest of the prelates , who may then be understood to have been absent to come omni festinatione to advise with him at gloucester , to assist him with their councels , and be a means to take off those rumours which had been raised , that by the testimony of the king himself and the rest of the prelats , the truth might appear , that it was not the king himself , but the rebels ( as whilest he was in their power he was made to stile his son the prince and his loyal party . ) but none of the commons before summoned , or designed to have been summoned , had any new writs sent unto them for that purpose to meet at gloucester , which would have been very necessary , if they could have born any testimony to that supposed ordinance , ( which is not in any of the records of that year , or any other year , those monumenta vetustatis & veritatis , to be seen ; ) or if they had had any vote in that imaginary parliament , it would not have been said in that king 's writ , dated at westminster the first day of february in the year aforesaid , and in the close rolls of that year , that although upon some discords arising amongst the scholars in the university of cambridge , the king had given leave , that there might be an university established at northampton , yet being informed by all the bishops of the kingdom , that it would greatly inconvenience the university of oxford , he did de concilio magnatum strictly forbid it . but if there had been any proceedings upon those writs , for the election of members to constitute an house of commons , for that or any long time expended in the duration thereof , few of whom either came , or were willing or dared to be present at that new-fancied parliament , which could not be believed to have had any duration or long continuance , if it had at all gained a lawful beginning , or could have overcome those many obstructions , which lay before them , those two knights of the shire sent out of yorkshire , who had obtained a writ for their wages or charges in coming , tarrying , or returning , and were possibly gone homeward , or shortly going , would not have made such hast to be gone . it being alwayes to be remembred , that although king edward the first had so subdued wales as to make them obedient unto such laws as he would have them obey , yet king henry the eighth was the first that removed the barr and accustomed distances and enmities , that had long continued between the english and the welsh , when in the th . year of his reign he did incorporate his dominion of wales with his kingdom of england , and ordained that all that were born , or to be born in wales should enjoy the laws of the realm , which and no other be willed should be used in wales , and that two knights should be chosen to be knights as members in the house of commons in parliament for the county , and one burgess for the town of monmouth : knights and burgesses shall be chosen in every shire and borough of wales to come unto the parliament , and have the allowance of wages , as others used to have , and there should be two knights for the county of chester chosen , and two burgesses for the city , to be members of the house of commons in parliament : which rendred it to be not only improbable , but impossible that any knights or burgesses for wales , and the counties of chester and monmouth , and the boroughs thereof , in that so new-created parliament of symon de montfort's own framing , in anno of king henry the third , or in any other parliaments better authorized , until the aforesaid reign of king henry the eighth : and it is also remarkable , and to be observed ; that the county palatine of durham , and the borough of newark in the county of nottingham , had no authority to send burgesses to parliament , neither did , untill his now majesties happy restauration . or if that ( so would be called ) parliament could by any stretch of fancy have been supposed to have been itinerant with the army , it could never come up to any probability , that that king so governed against his will by it , would the fourth day of june by his writ , dated at hereford directed to the mayor and bayliffs of bristol , have commanded them to send unto him ten or twelve of their most honest and discreet citizens , to satisfie the rest of the city , that he had been privy unto all that had been done in his name , and to the end that they might be better informed of his will and pleasure , if there had been any members of parliament for the city there already with him elected or attending . for certainly they that had strugled so much and contended to blood for a twenty-four conservatorships , reduced during the kings imprisonment to nine , after to four , of the more special rebellious undertakers , would be loath to part with that power and false authority which they had so desperately gained . and the business for which the knights and burgesses were desired by them to be elected and called together to treat with the prelates and nobles of the kingdom , whom the king , as they would have it believed , had caused to be summoned and called to a parliament which was to be holden in octabis s ti hillarii then next coming , as well concerning the delivery of his son prince edward out of prison , where he remained a pledge or hostage for the king , as for other matters touching the common good of the kingdom , in which the presence of them , and other loyal men , as the writ said , was requisite , and were in fide & dilectione in which they were bound unto the king to be there , to treat of such things , as the king , by the advice of his prelates and barons , should for the common profit of the kingdom ordain , as they tendered his and their honours ( a word by the customes and curialities of england not in these or many ages after usual or appropriate to the commons & burgesses or tradesmen of england ) . and was an import beyond the understanding and reach of the capacity of the vulgar , and if it could have been thought to have been fitting or necessary for that instant emergency , could not with any reason or true judgment be supposed , to have been proper advisers for any afterward matters of state , weighty or grave deliberations , upon which the safety and welfare of the whole nation was to have any dependance ; as if that prince edward or any other prince , our kings eldest son , had for all ages to come been supposed to be prisoners , or hostages for their father . neither could such a device be in any probability long , or any thing near everlastingin , the very design it self , or meaning of the contrivers ; for that even after they were to a despair utterly overthrown at the battle of evesham , and the dictum , pardons , and compositions made at kenelworth , the earl of gloucester upon a renewed discontent raised forces and demanded the observation of the provisions made at oxford , ( which amongst other things for the conservatorships ) which he alledged the king had promised at the battle of evesham , ( and very likely , if at all , after the battel ended ) and some of the disherited lords that had fled to the isle of ely , and forcibly withheld the possession thereof from the king , did amongst other their demands make it to be one of their propositions , that the provisions of oxford might be observed . and that kind of summons made in and by the name of a captive king , when he was a prisoner could not by any rule of law or reason , have been then added to our ancient fundamental laws , and made to be a fundamental law , as ancient as the government , upon which the house of peers , and a great part of the monarchy was built ; nor such a third estate or constitution of a different nature , and after so long an interval of time made to be co-ordinate with it , which the provisions at the forced parliament at oxford , ( if any such thing as a co-ordination in a house or society of elected commons had then been in actu or rerum natura , or in any being or existence before the framing of those provisions ) did annihilate , and seem never to intend . and if such a novel , great councel , parliament , or convocation could have met with any success , which in regard of discords , rebellions , hostilities , jealousies , and fears then busying and disturbing the kingdom , was every where embarassed , and incumbred with dangers and troubles , the king and his brother , the prince his son , with many of the loyal part of the baronage imprisoned , and the remaining part of them either fled , or under the power of their and the kingdomes enemies , could have taken root or gained any fixation ; no small contests and dissentions arising betwixt the earls of leicester and gloucester , and their several adherents , two of the greatest supports y of the faction ( as it usually happeneth , saith daniel , in confederacies , where all must be pleased , or all the knot will break ) about their dividends , private and particular agreements . it could not easily , or at all receive any entertainment in the reason or understanding of mankind , or which is much less any colour of it , or less than that in any man's imagination or conjecture not mad or distempered , that such a numerous part of the commons , as to the burgesses to be elected out of the vulgar , rude , rash , giddy , and apt-to-be-partial , and easily misled , affrighted , or flattered sort of the people , should produce any good effect , either to themselves or the publick , when too many of them were , or would be likely to be , most commonly altogether illiterate , and of such as could escape that unhappy character ; but few that had ever looked in at the threshold or door of good learning and policy , and fewer that had spent any or much of their time in it ; but addicted themselves , or imployed most of their thoughts upon the cares of managing their own estates , husbandry , trade , or other necessaries of livelihood , more proper for the common and inferior ranks of the people , upon whom very many sad and often experiments have for many ages and centuries before , deservedly fixed , and imposed the indeleble marks of mobile , prosanum , & scelestum vulgus , and given us a lamentable account of many of their mad and reasonless advices , willful , and head-long actions , to the destruction , not only of their superiours , and those that would or should guide them , but of themselves , and all that have had to do with them , or any ill governed assembly , sr let-loose multitude of men. which , without good accidents , and much difficulty to boot , are seldom governed , or brought within the bounds or compass of well digested reason and prudence ; especially , if they sit for any long time to hatch or brood factions or partialities , envies , ammosities , self-interests , over-strained liberties , authorities , priviledges , and taking too much upon them . and there could not be any or much good event expected to happen to the councels of princes , or the weal publick , either as to the secrecy ( the life of councels ) consultive or active part of them . or to those rebellious lords themselves , who as the case then stood with them , were concerned to order the business as much as they could for their own preservation and advantage , and to take care that there should be some bridle or method to restrain them . and there being besides twenty-four cities in england , where two citizens were to be chosen out of each , by the direction of that novel writ , and a great number out of as many boroughs , and corporation-towns then in england , at the arbitrary and corrupt power of the sheriffs , as it after proved and hapned , with its thirty-nine shires , and two knights to be chosen out of each , ( the counties and boroughs of wales not being at that time to be put into the account ) and four out of every of the cinque-ports , the number would so swell and increase , as might very much exceed that of the peers and barons , which in the largest estimate would not then arrive unto two hundred and eighty , and according to the then more common accompt ; and they then summoned ad libitum regis , not many more than sixty , in which high and honourable court , and house of z lords spiritual and temporal , should that very great surpassing number of commons have their equal suffrages , as it may be believed they never were intended to be allowed , the lesser number would be over-powered by the greater ; the more noble prudent and concerned , by those that were little at all , and introduce a community or vassalage upon themselves and their posterity , which the roman senators and patritii in a common-wealth , made out of a monarchy for fear of tyranny , were unwilling to admit , and when they were seditioned and mutinyed unto it , left their chiland seri nepotes to endure the dire effects of their often changes from kings to consuls , from decem-virates unto tribunes of the people , censors , tribunes-military , bloody proscriptions , and wars betwixt the patritii and plebeians , pacified and succeeded by a dictator , after that a trim-virate , after that an emperor and semper augustus caesar , with an arbitrary power , until good and wholsome laws of their own making gave an allay unto it . for such a miscellany of imis cum summis of inferiours with superiors could not be deemed to be either more or better enabled than the prelates and baronage of the nation , the moratiores bomines men of better extraction & education , the ancient extraordinary grand councel of our kings and princes not meanly , but eminently skilled in matters of state and policy , religion , war , forreign languages , and affairs of their own state and others , and in the quieting the troubles of it . nor could that their device at that time have much assurance of any good success therein , when the prince was a prisoner and hostage for his father , ( who was long after in no better a condition ) against the laws of wars , and rules of hostages , and the tenor of those writs of summons carried nothing in them of a perpetual constitution , or any thing more than pro hac vice , and for that only time and purpose . or that such a parcel of the lower ranks of people could be more knowing and intelligent , than the king of france , assisted by his grand and learned nobility , clergy , and wisdom of his parliament of paris were not long before , when they determined those grand and long-depending bloodily-agitated controversies , betwixt that persecuted king , and some of his then ungovernable barons , concerning the disloyal and unhappy provisions enforced from him at oxford some years before . and such a novum & inauditum betwixt a monarch and king ( no feudatory ) and his rebellious subjects , referred to the advice of themselves , or their partizans , touching the claim of their pretences in their own particular cases , being not easily to be found in any the annals , histories , or records of this or any other kingdom or nation . for many of the milites or knights in that new contrivance to be elected , were at that time , as to their estates , of so general and lost esteem , as twenty or fifteen pounds per annum , was by the statute of the first year of the raign of king edward the second , which was not much above forty three years after , conceived to be no contemptible rate , or proportion of livelihood for a knight ; when a william de felton , an ancestor of a family now of good note , in the county of suffolk , being in the third year of the raign of king edward the third , presented before the justices itinerant , to be seized of the mannot of botingdon , quod valet per annum twenty pounds , & to be thirty years old , & nondum miles ideo in misericordia , and many gentlemen of good extractions and families did heretofore appear , to have been long after retained under earls and barons in the wars , and service of their prince , and not seldom as domesticks , and more especial servants in their then large and honourable families , and have been their receivers , stewards or feodaries , worn their more special livings , and taken wages , dyet , and allowance for themselves , and a limited number of men and horses , altho some of them have been gentlemen of good value and descent , and very many of those which have been since elected , are not denyed to have been persons of ancient and worshipful families . the citizens and burgesses ( merchants excepted ) such as did sordidas artes exercere , as the civil law stileth b them men that usually made their gain , or manner of living by deceits and lying , and were as our common law above two hundred years after declared them , saith littleton , to be men with c whose daughters to marry would be to a gentleman such a disparagement , as the parents and kindred might legally complain of it ; and the testimony , saith the caesarean or civil law , of a gentleman was to go as far , or to be valued , as two of them . and how unequal they were like to be in their births , reputations , and requisite parliamentary abilities , who being to be very burgesses , and city or town-trading inhabitants , according to the intention of those writs , could not be expected to be other , than such as were only bred and instructed in the arts , tricks , deceits , and mysteries ( as they have been since well called ) of trade , and the most of their estates and livelihood gained by it , being much more wickedly than honest , as their apprentices and journey-men , who know the secret thereof , can witness ; nor to be able or serviceable to their prince in any thing , more than to attend him ( if he should need or call him ) as a merchant to some great and publick mart or fair , to help him to buy or sell such things as should be there marchantable , or that the knights to be chosen in the shires , who in those times made the military exercises to be their greatest care and employment , would not be more necessary and fit to attend their soveraign , to perform the office and intention of those writs , to defend their king , themselves , their country , friends and neighbours , and to do that which every gentleman , and such as were è meliori luto of the more refined clay , better born and bred , than the rude vulgus , or common sort of people , would of themselves , if not commanded , or otherwise by their tenures obliged , be willing to do ; as that learned french lawyer d brissonius well observeth , qu'en la necessitie de guerre toutes les gentilz hommes sont tenus de prendre les armes pour la necessitie du roy ; which by our laws of england is so to be encouraged , as it is treason to kill any man , that goeth to aid the king , and is no e more than what the oaths of allegiance and supremacy do bind every english-man unto , although they should tarry in the camp more than forty dayes , or not have escuage or any allowance of their charges from their own tenants . and the people of the counties and cities , as well as the smaller towns or boroughs , which were to delegate or commission them , and make them wise enough to give their assent in that great and solemn assembly and councel of the king and his prelates , baronage , lords spiritual and temporal , unto what they should ordain in quibusdam ( not in omnibus ) arduis , high and extraordinary matters concerning the king , church , and kingdom , not in ordinary or common , were only , or more especially , to take into their consideration , and inform the state , commerce , interest , and affairs , abilities , or disabilities of the countries , & places to supply their soveraign's occasions ; & some of those burgesses elected , and sent from poor fisher-maritime-towns ( the most prudent observers of whom might have done aristotle good service in his enquiries ( not of the politicks , but ) of the ebbing and flowing of the sea , or some of the lesser genery , or over-grown yeomanry , as might instruct varro or columella in the design of writing their books de re rusticâ , or the well lined plausible dweller in some inconsiderable villes , or a small number of houses , little better than cottages , with a fair inn , with two carved or gilded sign posts , and a st. george on horse-back unmercifully killing the dragon , and the inhabitants , men of no more language , wit , or learning , than was scarcely sufficient to manage their vulgar mechanick employments ) might have been more useful in the parliament of the twenty-seventh year of the raign of king edward the third , when the statutes of the staple , and the staple cities , and towns so greatly concerning the after happening golden-fleece-flourishing-wollen-trade , and manufacture in england , and the enriching those cities and towns , were made and enacted . and the consent or advice therein of the vulgar or ignoble part of the free-holders , might have been more requisite in the making and framing the act of parliament in the twenty-third year of the raign of the aforesaid king , touching labourers and servants ; or that long after made by queen elizabeth , in the fifth year of her raign , limiting the wages of servants , artificers , and workmen , as being likely to be more sensible , and to give good instructions in their own concernments , than in those of their superiours , their land-lords , viz. the king , nobility , bishops , gentry , irelgious houses , colledges , universities , deaneries , praebendaries , hospitals , corporations , and companies of trades , &c. those that were boroughs were not then so many or half so big , as they have been since by our king 's royal favours , in the granting of fairs and markets unto them , with divers other immunities and priviledges , &c. nor had gained so great additions to their buildings , and former extent by their scituation or neighbourhood to some great town or city of trade ; and the inhabitants of them men only conversant in the evil arts of trade , and with demetrius the silver-smith ready to do more for diana's temple , than st. paul's preaching , and lay out that little understanding that they have , in taking some lands to farm near adjoyning ; and being as little acquainted as may be with state-policy , or any thing out of the reach of their neighbourhood , will be as unfit to know or discern wise men , as the corydons , hobby-nolls , country carters , or mechanicks are , or would be , to elect or give their votes or suffrages , for the taking of the degrees of doctors , masters , or batchelors of arts in our universities ; or as brick-laiers would be to give their direction and advice in the building , rigging , tackle , steering , and sailing of a ship. or to give a liberty to the boys to choose their school-master , and direct what methods he should use in the governing of them ; or to the common people , to elect and choose the king 's privy council , or to have votes or suffrages in the making or repeal of such laws , as the variety of their humours , interests , envies , ambitious ignorances , and whimsies should perswade them to obey or be ruled by , or such as may consist with all of them together , or as much as for that very instant or moment of time may agree with every man 's particular fancy , interests , occasion , advantage , will , or pleasure ; or of those that shall awe , flatter , bribe , delude , fool , or seduce them . or in the hurry and distraction which rebel-armies and gatherings of , a misled or cheated part of , the people in such a collection use to be , might probably think it necessary and greatly conducing to their present self advantages , to procure them that were under the influence of their power , then very formidable , or of the tenancy or dependance of themselves , or the rest of the baronage , whom they were labouring by force , fear , flattery , or other seducing and evil arts , to entice and draw into their party , to consent for the present , to the advice or petitioning for the confirmation or establishment of the constrained provisions made at oxford ; and their conservatorships which the king of france had not long before solemnly in his aforesaid arbitration condemned and annulled . for the f engine or knack of the twenty-four conservators to govern them and the king and kingdom , twelve as it was sometimes proposed to be chosen by the king , and twelve by the victorious rebels , after confined to a much smaller number , as their power and usurped authority in a short time after gave them the liberty and occasion , could never be thought to be with any intention to continue that new model or frame of parliament any longer than pro hâc vice , until the imprisoned king and prince should be released , and the disturbances of the kingdom quieted , as those writs of simon and peter de montfort's own framing and putting under the king's name and seal did , if they might be credited , seem to import . but were rather convened for simon de montfort's particular ambition , and establishment , nor could otherwise be interpreted to amount to any more , than the most likely to have been the dismal effects thereof , the destruction of the king and his family , subversion of the ancient fundamental laws and customs of the nation , and change of our ancient monarchy into an oligarchy . and must either be understood not to have known at all the fundamental usages , customes , priviledges of the praelates , nobility , and great men of the realm in their king 's great councels , or parliaments , when they were thereunto summoned ; and that long after both by the feudal , and common laws of this kingdom , the lords spiritual and temporal were in parliament to assess a proportionable escuage h upon such of their tenants , who held any capite lands , and did not go with them in person to serve their king and country , and were not to be their own assessors , but submit unto what they should in those great councels , subordinate to their king 's , determine ; and as they anciently were used to do , when taxes were laid upon knights fees , when the common people that were to pay them were not all present , or any for them . or never to intend to introduce such a party of the common people into a co-ordination or fellowship with them , in a subordination to their soveraign , which might , as they did afterwards entice them to , encroach and believe , that a license of petitioning for redress of any grievances which might happen , and a liberty to give an approbation and obedience to what should be there ordained by the king , by the advice of his lords spiritual and temporal for the publick good , should be in , or unto them , or their successors an authority or original power , to controul what their kings by the counsel of their lords spiritual and temporal should there find necessary to enact ; when they could not forget , that even in the time of the imprisonment of king henry the third , they did in his letters , rescripts , writs , and edicts , written and sent about the kingdom in his name , i amounting to no fewer than sixteen , mention that his said orders , acts , and commands were done by the counsel and advice procerum & magnatum suorum , and in some of them his prelates , barons , & hautes hommes , but nothing at all of the commons . and that rebellious part of the baronage might the easier be led into that they never meant , when they had some reason to think or assure themselves , that such an election of members , or the parts of the common people , would much advance the fixing and setling their designes , when they could not but acknowledge , that they owed much of their liberties and happiness under their kings and princes unto them , and their ancestors , as in particular , unto an earl of oxford , in procuring of the king three hundreds in the county of essex , to be diaforrested , and might be glad to entail and perpetuate their assistances , dependencies , hospitalities , priviledges , and favours upon their posterity , and after generations ; and rather return a submissive compliance unto them well accepted , than to endeavour to prejudice , or in the least to make themselves equal unto them , or mastors of them , but would be content to be ruled by them , and not endeavour to govern or domineer over them . with which doth accord that well founded opinion and answer of that k excellent prince , and very martyr king charles the first , our late gracious and pious soveraign , in his answer to the haughty and undutiful nineteen propositions , sent unto him by the rebellious and misled parliament , the second day of june , one thousand six hundred forty two , that the house of commons was never intended for any share in the government , or the choosing of them that should govern , and were not likely , in those early and troublesome times , to get any root or foundation for such an unwarrantable pretence . and might have believed , that the prelates and baronage of england had heretofore power and influence sufficient , to have kept them in a better order , both towards them and their sovereign . sect . ii. of the great power , authority , command , and influence , which the prelates , barons , and nobility of england , had in or about the forty-ninth year of the raign of king henry the third , when he was a prisoner to symon de monfort , and those writs of election of some of the commons to parliament , were first devised and s●nt to summon them : and the great power and estates which they afterwards had to create and continue an influence upon them . when the then prelates , by the papal great and exorbitant power over the bodies and souls of the people of england , as well high as low , rich or poor , their power of certifying illegitimations , bastardy , or ne unques loyalment accouplis en matrimony , with their fulminations , excommunications , curses , interdictions , confessions , absolutions , pardons , and dispensations , denial of christian burial , affrights of purgatory , undenyable commands over the inferiour clergy , and they over the people ; together with the great authority which their episcopal function and dignity inseparably conjoynt with their temporal baronies had given unto them in the parliaments of england , the greatest and highest councels and assembly of the nation , were in the time of king henry the third's imprisonment , so much allured and drawn by some of their factious and naughty incitements to symon de montfort's party , by a kind of ordinance and agreement before mentioned of the then over-ruling-power of the rebellious victors , as there was an undertaking to preserve from plunder and spoil , all the lands and estates of the holy-church , affirm their authorities , and all that they should have reasonable order for , amends should be performed , and full power granted unto them by the king , or generality of the earls , barons , and great men of the land , to provide things profitable for the bettering the estate of the holy-church to the honor of god. and with their temporal baronies , unto which many mannors of a great extent , and yearly value were annext , and some other barons holding of them , and had their many milites for service of war , and multitudes l of tenants by tenure , lease , and copy-holding of them . and the regular and monastick part of the clergy of england , many of whose abbots and priors were admitted to sit amongst the peers in parliament , were so envied for their great revenues and estates , as the m commons in a parliament in the raign of king henry the fourth , wherein lawyers were prohibited to be elected members , and therefore stiled indoctum parliamentum , did petition the king to confiscate , and take into his own revenue , all their lands which they had calculated to be sufficient to maintain one hundred and fifty earls ( no small estate in those times , being enough to satisfy the honourable yearly expences of one earl , and his numerous retinue , after the rate of their then living ) one thousand five hundred knights , six thousand two hundred esquires , and erect two hundred hospitals for the relief of maimed souldiers . and in that new frame of a great council or parliament , wherein a part of the commons of england were to be assembled , which can find no other original than the fate of that unhappy king in the battle of lewis , as the close roll n of the forty eight of that king will tell us , there were no fewer of the then well-wishing clergy to symon de mortfort , summoned unto that new modelled parliament , than one arch-bishop , fourteen bishops , thirty-five abbots , two priors , their good friends and confederates , and for companies sake in such an hopeful and popular project , four abbesses to help them to cordials in that languishing state of loyalty they then were in . the earls , and barons were then , and long after , great and noble by descent , birth , extraction , lands , estate , alliance , command , power , and authority , not a few of them by consanguinity or affinity , deriving their progeny from the lines of several of their kings and princes , and much of their honors and support from their bounty and munificence , as they were pleased to dispence them by their influence , favors , or bounty , for great and heroick actions and services done for them and the weal publick ; and their authority could not be small , either in the fear or force of it , when at the time of the norman conquest all the lands and services thereunto belonging of the kingdom , were either the kings in demesne , or in the possession of those great men and commanders , unto whom he had granted them , o and that again distributed by them to their servants , friends , or followers to hold by knights service , soccage , copy-hold , leases for years or villenage , with some services imposed , as going in person to war to defend them and their soveraign , castle-guard , carre and manuopara , and the consented unto reservations or willing oblations of doing much of their works of husbandry , in the hopes of their justice in their little courts or petit soveraignties , protection , and assistance against the injuries and oppression of wrong doers , and the comfort of a large and free hospitality , and charitable uses , together with the foundation and endowments of many abbies , priories , and religious houses , which obliged both the secular and regular clergy to love and honour them , p and the liberi homines or freeholders were , as unto many of them , only such as had been manumissed , and had from the condition of servants or villaines , attained unto the degrees of libertini or ingenui , or so fortunate as to have some small parcells of lands in fee simple or tail or for life by gift , purchase , marriage , or copy-hold , granted and given by them ; most of the saxon race being so unhappy , as to be content to become tenants to the conquerours of their own lands , whilst the nobility and great men being more desirous of service , than money or rents , granted the service of men or tenants , that held by knights fees or service , or parts thereof , one unto another , which in those times were in so high esteem , and of such a value , as ten knights fees were reckoned a satisfaction for a release of the claim of that great office of high steward of england , in fee by roger bygott earl of norfolk , and his heirs , to symon de montfort earl of leicester , seven and a half whereof being paid , king henry the third upon a reference of the controversy betwixt the said earles unto him , made his award . that the said symon should execute the said office of high steward , and the said roger q should bring his action for the other two knights fees and a half ; and the english nobility having all the great offices and places of honour of the kingdom , and about the persons of their kings , with their influence , power , and authority in their great councels or parliaments , and thereby the opportunities of pleasing and displeasing , hurting or helping whom they would , were , as to many of them and not a few of the common people , like the righteous r job in his prosperity , when they came out to the gates of the city , the eares that heard them blessed them , the eyes that saw them gave witness unto them ; they delivered the poor that cryed , and the fatherless , and them that had none to help them ; the blessing of those that were ready to perish came upon them ; they caused the widdows hearts to sing for joy ; were eyes to the blind , feet to the lame , and fathers to the poor ; brake the jawes of the wicked , and pluckt the spoyl out of their mouths , their root was spread out by the waters , and the dew lay all night upon their branches , they gave ear unto them , waited and kept silence at their councel . and could not be slighted or taken to be benefits of a small size or esteem , but to be very great and worthy the seeking and obtaining , when threescore and ten thousand knights fees , every one of which being then no small estate , either as to the extent of the s lands , or the value thereof , as ordericus vitalis , who lived in the time of the conqueror , hath numbred them , or but about thirty two thousand , as mr. selden believeth , were given by william the conqueror to his nobility , great men , and followers to be holden of him , his heirs , and successors in capite , and all the other lands of the kingdom , except those large quantities which were king edward the confessor , as appertaining to the crown of england , and what else he kept in his own possession and demesne , and besides what he endowed and founded divers abbys , monasteries , priories , and nunneries withal , to hold of him and his heirs and successors in capite , and by knights service , were again , as unto a great part thereof , distributed and granted by his nobility , great men , and followers to their dependants , servants , tenants , and friends to hold of them by knight-service . which drawing to it by the feudal laws , part of the fundamental laws of england , and incorporated therein , wardships ( no slavery , burden , or grievance , if rightly used or understood but a protection , comfort , and benefit , as well publick as private ) reliefs , education , protection , and marriage of their heirs in their minority , which was the greatest concernment of their families , did put and render the commonalty under the patronage and tutelage of the nobility , and great men subordinate to the king their soveraign , and common parent , which many other nations , and the greatest pretenders , and enjoyers of liberties in the christian world , have not onely deemed , but experimented to be an happiness . insomuch as if it were to be tryed by the suffrage and experience of our english ancestors , if they could from the dead be produced and heard to speak in the affairs and case of england , and a due consideration had of the security had , and long enjoyed by the northern parts thereof by the tenures by cornage , assisted by that of knight-service and capite , and the residence of the baronage of those countryes , against the dayly and nightly incursions , and spoil of their then ill neighbours , the picts and scots , which amounted unto as much or more than the costly wall and fortifications , which the romans built and provided against them , together with the safety and guard , which a great part of england hath been often defended by the lords marchers , against the hostilities and unquietness of the welch , it 's former owners , would bring us in a verdict of o felices ! bona si sua nôrint . which must needs attract the love , good will , fear , awe , and obedience of the people , who so well understood their own conditions , and that of the nobility , as to believe that , to quarrel or be disobliging unto any of them , was to fall foul , or out of the favour of all their great alliances , friends , kindred , numberless tenants , servants , retainers , dependants , and well-wishers ; many of which being their own relations , friends , or kindred , might either help on , and bring upon them a most certain and inevitable ruine , or put their small and fainting estates into a languishing condition , when any , the least , offences taken or given , would be sure to effect it , in the displeasure of those , who until the reign of king edward the first , and some ages after , were so high and potent . as that ferrers earl of darby , an opposite to king henry the third , in the baron's wars , had twenty lordships in barkeshire , three in wiltshire , in essex five , in oxfordshire seven , in warwickshire six , in lincolnshire two , in buckinghamshire two , in gloucestershire one , herefordshire two , hantshire three , nottinghamshire three , leicestershire thirty-five , derbyshire one hundred and fourteen , staffordshire seven , of which was chedley a parcel , whereunto that part of staffordshire appertained ; and besides had the castle and borough of tudbury in that county , together with many advowsons , t patronages , &c. and knights fees holding of him in those and other parts of england . an ancestor of gilbert de gaunt , a partaker of the norman conquest , another opposite of king henry the third , had in the conquerors survey one lordship in barkshire , three in yorkshire , six in cambridgeshire , two in buckinghamshire , one in huntingtonshire , five in northamptonshire , one in rutland , one in leicestershire , one in warwickshire , eighteen in nottinghamshire , one hundred and thirteen in lincolnshire , with folkingham , which was the head of his barony ; besides knights fees of those that held of him patronages , and advowsons , fairs , markets , assize of bread and beer , pillory , and tumbrel , &c. symon de montfort earl of leicester was in the right of amicia , one of the sisters and co-heirs of robert fitz parnel , a norman earl of leicester , lord high steward of england , in fee , an office of large u authority and esteem , had in warwickshire sixty-four lordships , in leicestershire . sixteen , in wiltshire seven , in northamptonshire three , in gloucestershire one ; besides many knights fees of those that held of him , advowsons , patronages , fairs , markets , and the priviledges of pillory , tumbrel , and the assize of bread and beer . the earl of gloucester w and hartford had thirty-eight lordships in surrey , thirty-five in essex , three in cambridgeshire , halling and bermeling castle in kent , haresfeild in middlesex , sudtime in wiltshire , leviston in devonshire , ninety-five in suffolke , besides thirteen burgages in or near ipswich , of which clare was one , from whence that family took their surname , or it from them , had the town and castle of tunbridge in kent , the castle of brianels in the county of gloucester ; and whilst the king and his son edward were prisoners at lewis , obtained a grant under the great seal of all the lands , and large possessions of iohn warren earl of surrey , to hold at the king's pleasure , except the castles of rigate and lewis , was one of the chief that extorted a commission from the king , authorizing stephen bishop of chichester , symon montfort , and himself , to nominate nine , as well prelates as barons , to manage all things according to the laws and customes of the kingdom , until the determinations should be made at lewis ( and others which they better liked should take effect . ) awbrey de vere x in the general survey of william the conqueror , had cheviston now kensington , geling and emingford in com hunt. nine lordships in suffolk , fourteen in essex , whereof colne , hengham , and bentley were part , in warwickshire six , in leicestershire fourteen , in northamptonshire six , in oxfordshire two , and in wiltshire ten ; a descendant of whom had in the raign of king stephen , together with richard basset justice of england custodiam comitatus , and executed the sheriffs offices of surrey , cambridge , huntington , essex , hartford , northampton , leicester , norfolk , suffolk , buckingham , and bedford , had by the grant of maud the empress , and king henry the second her son by inheritance , the earldom of oxford , granted unto him and his heirs , and mannor and castle of caufeild , in the county of essex , and the office of lord great chamberlain of england in fee , with the castles of hengham or hedingham , and campes to be holden by that service , and divers other lands , and possession of a great yearly value , had before the fourth year of the raign of king henry the third , by the marriage of the daughter and heir of the lord bulbeck , many mannors and lands in the counties of buckingham and cambridge , and by the marriage of the daughter and heir of gilbert lord sanford , the inheritance of divers mannors and lands in the counties of essex and hartford , and a grant in fee to be chamberlain to the queen die coronationis suae , with divers priviledges , and one hundred knights fees holden of them , one whereof was by the heirs of mordaunt for lands in essex , to come compleatly armed , as champion to the heir of the family , and earls of oxford , in the great hall of hedingham castle upon the day of his nuptials , to defy and fight with any that should deny him to be earl of oxford ; and another for the mannor of horseth in the county of cambridge , holden by the family of allington , now the lord allington of the kingdom of ireland , by the service of holding the earl of oxford's stirrop die nuptiarum , which was actually performed in the raign of queen elizabeth the day of the marriage of edward earl of oxford with the daughter of the lord burghley . roger bygod in the conquerors time , did possess six lordships in essex , and one hundred seventeen in suffolk , had a grant in the raign of king henry the second , of the mannors of ersham , walsham , alvergate , and aclay , and the honour of eye , in the county of suffolk , the custody of the castle of norwich , and a grant of the office of high steward of england , to hold and enjoy in as ample manner , as roger bygod his father had held it in the time of king henry the first , was earl marshal of england by inheritance , and had thereby a great command and authority in the king's armies , and all his martial affairs , registred in his marshals rolls those many thousands , who as tenants in capite came into the army to y perform their service , by which also they were enabled to receive escuage after of those that were their under-tenants , and held of them , and did not come to do their service , was in times of peace as in war , to appease tumults , to guard the king's palace , distribute liveries , and allowances to the officers thereof , attend at the doing of homages , have a fee of every baron made a knight , and to receive of every earl doing homage , a palfry , and furniture . hugh de montfort ancestor of peter de montfort , one of the twenty-four enforced conservators for the kingdom , in the said raign of king henry the third , had in the general survey twenty-eight mannors in kent , besides a large proportion of rumney marsh , sixteen in essex , fifty-one in suffolk , and nineteen in norfolk , a descendant of whom had in . henry the second , holden of him ten knights fees , and a fourth part de veteri feoffamento , and was seized of the mannor of wellesborne in com leic , which peter had in henry the third , the mannor of beldesert in comitat ' stafford , in anno henry the third , was governor of horeston castle in derbyshire , in forty-one warden of the marches of wales towards montgomery , and also of the castles of salop and bruges , was sheriff z of the counties of salop and stafford ; and so likewise for the next ensuing year had the custody of the castles of bruges , and ellesmere , in anno . henry the third was governor of the castles of corff and shirburne , and of the castle and mannor of seggewick ; and was in anno . eiusdem regis made by that king 's imprisoned seal , governor of whittenton castle in shropshire . gilbert de segrave the son of hereward held the mannor of segrave in com' leic ' , with the fourth part of a knight's fee , had a grant of the king of the lands of stephen de gaunt , in the counties of lincolne and leicester , in the th . of henry the third was sheriff of the counties of essex and hartford , and the two next ensuing years , in the th . of lincolnshire for three parts of the year , and to the th , in th . henry the third sheriff of buckingham and bedfordshire , and continued until the th , in the th . of henry the third was a justice itinerant for nottingham and derby-shires , purchased mount sorrel in the county of leicester , in the th . henry the third , had the custody of the castle of northampton , and of the counties of buckingham , bedford , warwick , and leicester for the term of his life , taking the whole profits of all those counties for his support in that service , excepting the ancient farms which had been usually paid in the exchequer , with the encrease which in king henry the seconds time a had been answered for them , was chief justice of the court of common-pleas in d . henry the third , when upon the removal of hubert de burgh he was made cheif justice of england , and had likewise the mannor of almonsbury in com' huntington . hugh despencer b was in the eighth year of the raign of king henry the third , constituted sheriff of the counties of salop and stafford , governor of the castles of salop and bridgenorth , in the th . of henry the third , sheriff of berkshire , and governor of wallingford castle , and in the th . of bolsoner castle in com' derby , in th . was by the rebellious barons made chief justice of england , after the battle of lewes governour of oxford castle in suffolk , the devises in wiltshire , oxford , and nottingham castle , bernard in the bishoprick of durham , and one of the twenty-four conservators for managing the affairs of the realm , was seized of the mannor of ryhal in com' rotel ' , leghere and wykes in com' essex , bernewell in com' northampton , wycomb in com' buck ' , soham in com' cant ' , berewick , winterborne , basset in com' wilts , & speke in com' berk , whose grand-child hugh le despencer in the raign of king edward the second , was possessed of no less than fifty-nine lordships in several counties , twenty-eight-thousand sheep , one thousand oxen and steers , twelve hundred kine with their calves , sixty mares with their colts two years old , one hundred sixty draught horses , two thousand hogs , three hundred bullocks , sixty tuns of wine , six hundred bacons , eighty carkases of martilmas beef , six hundred muttons in the larder , ten tuns of cider , with armes , plate , jewels , and ready money to the value of ten thousand pounds , thirty-six sacks of wool , besides a library of books . humfrey de bohun , whose descendant joyned with the barons against king henry the third , had in anno . henry the second , thirty and a half knights fees , de veteri feoffamento , and nine and a half de novo , was earl of hereford , and constable of england by descent from his mother , his c son henry de bohun answered fifty marks , and a palfre● to the king for twenty knights fees , belonging to the honor of huntington , had the earldom of essex , and a very great estate of lands belonging thereunto , descended unto him by maud countess of essex his mother , together with a great estate of lands , which came unto her from isabel third daughter and co-heir of william earl of gloucester , had likewise lands in haresfeild in com' glouc ' holden by the service of constable of england , the mannors of shudham and w●tnorst , kineton in com' hunt ' , and walden in com' essex . vescy , one of the barons against king henry the third , was at the time of the norman conquest seized of one mannor in com' northtamp ' , two in d warwickshire , seven in the county of lincoln , nine in leic ' , the castles and baronies of alnewick in com' northumberland , and multon in com' eboru ' , had besides vast possessions bestowed on him by king henry the first , the mills of warner , bodele , and spilsham with eleven mannors , divers lands , and tenements in the city of york , and whatsoever he held of david king of scotland , and henry his son , the arch-bishop of york , bishop of duresme , of the earl of richmond , geffry estcland , and richard fitz paine , roger de moubray , william fossard , william paganell , the earl of albemarle , roger de clare , gilbert de gant , roger de beauchampe , henry de campaine , ralph the son of bogan , the earl of chester , abbess of berking , william de sailley , and of all the fee of thurstane the son of robert de mansfeild , had likewise the mannors of ellerton and cansfeild , and was governour of the castle of bamburgh , in com' northum ' , seized of the mannors of brentune , propertime , pecheston , and sornneston , burgh , and knaresburgh , in the county of york , barony of halton , and constabulary of chester , a descendant whereof had in the raign of king henry the second , twenty knights fees de veteri feoffamento , and many de novo , that held of him had in d . henry the third in the right of agnes his wife , one of the daughters of william de ferrers earl of derby , partition of the lands in ireland , which did belong to william marshal earl of pembroke . whose ancestor had in the d . henry the second , lands of a great yearly value in westcombe , e marleburgh , and cri●l in com' wilts ' given unto him by the king , with the office of earl marshal , and all other lands holden of him in england or else-where , had a grant of the mannor of boseham in com' suff ' , with the lastage and hundred , the lordships of westive and bodewin , with the hundred of bodewin , all the lands which the earl of eureux held in england ( except the mannor of marlow ) all the lands of hugh de gournay lying in the counties of norfolk and suff ' , kaule and castre , and all the lands of hugh de ayer in com' norf ' , the office of marshal of ireland in fee , with the cantred within which the town of kildman was scituate , was warden of the marches of wales , sheriff of lincolnshire , and governour of the castles of oswastre and shrawardine , had the mannor of hengham in com' norf ' with the advowsons of the church thereof , in anno th of king john executed the office of sheriff of lincolnshire , for three parts of that year , and likewise in the th . in which he was associated with john fitz robert , of the counties of norfolk and suffolk ; as also in the custody of the castles of norwich , oxford , and dorchester , was sheriff of warwickshire , and governour of the castle of worcester in the time of the barons wars , in the first year of the raign of king henry the third made sheriff of hantshire , and governour of the castle of devizes in com' wilts ' , had a grant of all the lands of william de st. john , who in the th . year of henry the third , took part with the rebellious barons . william de percy , descended from manfred , a dane , coming out of denmark , with the fierce and famous rollo into normandy , and thence with william the conqueror into england , and much beloved by him , had granted unto him by him vast possessions in the realm , as appeareth by the general survey in dooms-day book , viz. ambledune in hanshire , divers lordships in lincolnshire , and in yorkshire eighty-six , whereof topoline in the north riding was one , and spofford in the west riding another . camois , a baron against king henry the third , was in anno th . of his raign for that half year sheriff of the counties of surrey and sussex , and from that time until the one half year of the th . of his raign seized of the mannor of wodeton in the county of surrey , ditton in com' cantabr ' , burwel in com' oxon ' , torpel in com' northamp ' , and of divers knights fees in other counties . d'eynill f was in . and . henry the third , justice or warden of all the forrests beyond trent , in anno . governour of the castle of york , and in . of the castle of scarborough , from michaelmas . was sheriff of yorkshire , until the battle of evesham , where he was against the king. monchensey was one of the rebellious barons at the battle of lewes , had great possessions in the counties of essex , norfolk , glou ' , kent , and northampton . the lord lovetot , h one of the rebellious barons , was in the last half year of th . henry the third sheriff of the counties of nottingham and derby , and governour of bolsaver castle . henry hastings , sideing i with the barons , was in the . year of the raign of henry the third , made governour of the castle of scarborough in com' eborum , and of the castle of winchester . bobert de roos k had great possessions , amongst others the castle and barony of helmesley or hamlake in yorkshire , the castle and barony of warke in northumberland , and the barony of trusbut , being of the part of the rebellious barons was for some time governour of hereford castle , when prince edward was there detained prisoner , in . henry the third , answered for four knights fees and an half , and an eighth part in lincolnshire , fifty-two thirds , a twelfth and a twentieth in yorkshire , ten for his barony of trusbut , four and a fourth and third part of warter . adam de novo mercato , l descended from bernard de newmarch , one of the followers of william the conqueror , subdued to himself three cantreds being the most part , if not the whole , of the country of brecknock in wales , had in th . henry the third the barony of bayeux , and in the th and th divers lands in the county of lincolne , and the mannor of wilmaresly , campshall , thorne , bentley , and archley in com' ebor ' . colvile m was seized in the raign of king henry the third , against whom he took arms , of the castle of bitham in the county of lincolne , and of his purparty of fifteen knights fees in the said county . roger bertram n had the castle and barony of mitford , with thirty-three mannors belonging unto it , in the county of northumberland , and was in rebellion against king henry the third . robert de nevil , o a great baron and lord of raby in the bishoprick of durham , was sheriff of norfolke in d . henry the second , captain general of the king's forces beyond trent , in . henry the third , sheriff of the county of york , governour of the castle thereof , and of the strong castle of the devises in the county of wilts , and in th . henry the third , warden of all the forrests beyond trent , and governour of the castle of york , was against the king at the battle of lewes . fitz alan of clun , p from whom the earles of arundel descended , enjoyed a great estate , and was against the king at the battle of lewes . robert de vipont , q one of the rebellious barons of king henry the third , had by the grant of king john the castles of appleby and burgh in the county of cumberland , together with the baylewick or shrievalty of the county of westmorland , to him and the heirs of his then wife , unto which barony belonged the said mannors of appleby and burgh under stanemore , flaxbridge-park , forrests , and chases of winefell , and mallerstang , brougham castle , with fifty-seven mannors more in the county of cumberland and westmoreland , in the first , second , and sixth year of the raign of king henry the third , was sheriff of cumberland , and governour of caerlisle , in the tenth one of the justices itinerant in the county of york , and in the eleventh one of the justices of the court of common-pleas . henry de neuburgh r in normandy , a younger son of roger de bellomont earl of mellent , had the castle and borough of warwick bestowed upon him by william the conqueror , with the large possessions of turketill de vvarwick , who had the reputation of earl of vvarwick , although he was but in the nature of a lieutenant to the earl of mercia , had wedgenock park with the castle of warwick , mannors of tamworth , claverdon , and manton mauduit in com' warr ' , the mannors of gretham , and cotes-more in com' rotel ' , with some lands in the county of worcester , the mannor of chadworth in com' glou ' , in . or . regis johannis , henry earl of warwick certified one hundred and two knights fees , with a third part of a knights fee , and had by the gift of that king the seigneury of gowerland in wales , which an ancestor of his is long before said to have conquered , was owner of the castle , mannor , and priory of kenilworth in com' warwick , gave to geoffry de clinton the sherivalty of the county of warwick to him and his heirs , to be holden of him and his heirs ; and in anno . henry the third , earl thomas gave a fine of a hundred and eighty marks to the king over and above his scutage , that he might be discharged from his attendance upon him in his expedition into gascoigne , and that he might levy the like upon his tenants gave one hundred twenty pounds more . and of no less power and authority with and over the common people were the rest of our english nobility , which took up armes with the king , or stood s neutrals , or at a gaze , until they saw what would become of him ; witness that of the earl of chester , who executed the office of sheriff by his deputies , for the counties of salop and stafford , in the d . d , th , th , th , and part of the th . of henry the third , for the county of lancaster in the d. th , th , th , and the latter end of the th . was seized of the whole t county and lands of chester , with royal jurisdiction , tenenda per gladiune it à liberè sicut rex ipse tenebat angliam per coronam , at the time of the general survey of the conqueror was count palatine thereof , had nine mannors in barkshire , in devonshire two , in yorkshire seven , in wiltsshire six , in dorsetshire ten , in somersetshire four , in suffolk thirty-two , in norfolk twelve , in hantshire one , in oxfordshire five , in buckinghamshire three , in gloucestershire four , in huntingtonshire two , in nottinghamshire four , in warwickshire one , in leicestershire twenty-two ; fifteen great men of estate in cheshire , his barons , holding lands of him and his heirs , as willielmus malbane , gislebertus de venables , rad venator , &c. and was seized of that mountainous part of yorkshire and westmoreland called stanemore . unto one of whose descendants , or family , king stephen gave the city and castle of lincolne , with license to fortify the town thereof , and to enjoy it until he rendred unto him the castle of tickhil in yorkshire ; granted likewise unto him the castle of belvoir , with all the lands thereunto belonging ; all the lands of william de albini , grantham with all its soke thereunto belonging , newcastle in staffordshire , with the soke of roely in com' leic ' , corkeley in lincolnshire , the town of derby with the appurtenances , mansfield in com' nott ' , stonely in warwickshire with their appurtenances , the wapentake of oswardbeck in com' nott ' , and all the lands of roger de busty , with the honour of blythe , and all the lands of roger de poictou , from northamptom to scotland , ( excepting that which belonged to roger de montbegon in lincolnshire ) all the lands betwixt the rivers of ribble and merse in lancashire , the lands which he had in demesne in the mannor of grimsby in com' lincolne , and all the lands which the earl of gloucester had in demesne in that mannor , the honour of eye , nottingham , barony , and castle , stafford , and the whole county of stafford ( except the fees of the bishop of chester , earl robert ferrers , hugh de mortimer , gervase paganel , and the forrest of canoc , the fees of alan de lincolne , ernise de burun , hugh de scoteny , robert de chalz , rafe fitz oates , norman de verdun , and robert de staford . odo , bishop of u baieux , william the conquerors half brother , had one hundred eighty-four mannors given him in kent , thirty-nine in essex , thirty-two in oxfordshire , w in hartfordshire thirty-three , in buckingham thirty , in worcestershire two , in bedfordshire eight , northamptonshire twelve , in nottinghamshire five , in norfolk twenty-two , in warwickshire six , in lincolnshire seventy-six , amounting in the whole to five hundred forty-nine , whereof two hundred eighty he gave , saith mr. selden , to his nephew de molbraio . earl john , x afterwards king of england , had in the life time of king richard the first his brother , the earldomes of cornwall , dorset , somerset , nottingham , derby , and lancaster , with the then large possessions thereof , and had in marriage with isabel daughter and heir to the earl of gloucester , that earldom , together with the castles of marleburgh , ludgersel , honours of wallingford , tickhil , and eye . john earl of surrey , and sussex , had in yorkshire the great lordship of connigsburgh in the y soke , whereof were near twenty-eight towns and hamlets , westtune in shropshire , in essex twenty-one lordships , in suffolk eighteen , in oxfordshire maple , durham , and gaddington , in hantshire frehinton , in cambridgeshire seven , in buckinghamshire brotone , and cauretelle , in huntingtonshire , chevevaltone , with three other lordships , in bedfordshire four , and in norfolk one hundred thirty-nine , and the castle of rigate in surrey , yale , and bromfeild , with their large extents in shropshire , and was at the battle of lewes on the king's part . ralph de z mortimer had given him by the conqueror in berkshire five mannors , in yorkshire eighteen , besides divers hamlets , in wiltshire ten , in hantshire thirteen , in oxfordshire one , in worcestershire four , in warwickshire , one , in lincolnshire seven , in leicestershire one , in shropshire fifty , in herefordshire nineteen , besides the castle of wigmore . and roger de mortimer , earl of march , a descendant of the same house and family , was in the raigns of king edward the first and second , besides their former large estates in lands , seized of the town of droitwick , and chace of malverne in com' wigorn ' , the chase of cors in com' glou ' , the castle of trym in ireland , with its large territory and appurtenance , and in vvales the castles of kentlies , dominion of melenith and comott , of duder , castle of radnor , with the territory of vvarthre , and mannors of prestmede ( or presteigne ) and kineton , castles of ruecklas , and pulith , castles and lordships of bledleveny and bulkedinas , castle and mannor of nerberth , comots of amgeid , and pennewick , castles and dominions of montgomery and bulkedinas , mannor and hundred of cherbury , castle of dolvaren , and territory of redevaugh , town and territory of ewyas , castles of kery and rodewin , castle of dynebegh , castle and cantred of buelch , comots of ros , rowenock , konuegh , and diomam , and in somersetshire the castle of brugwater , with three mannors , bayliwick of the forrests of north pederton , exmore , noreech , chich , mendip , and warren of somerton , three mannors in kent , one in com' buck ' , and one in staffordshire , and kept in his house a constant table , in imitation of king arthurs round table , for one hundred knights . king henry the third , after the battle of evesham , gave unto his son edmond to hold to him and the heirs of his body the earldom , honour , and lands of leicester , and stewardship of england , the earldom , honour , and lands with the castles , mannors , and lands of robert de ferrers earl of derby , and nicholas de segrave , the custody of the castles of caermarden and cardigan , and isie of lundy , the castle of sherborne in com' dors ' , the castle of kenilworth in com' vvarwick , with all the lands thereunto belonging , the honour , earldom , castle , and town of lancaster , and was count palatine thereof , with their appurtenances , together with the castle of tutbury , with its great appurtenances in the county of stafford , the honour and castle of monmouth , the honour , town , and castle of leicester , with all the lands and knights fees which symon de montfort had . whose son and heir thomas earl of lancaster , having as an addition to the great estates in lands , remaining unto him after his father , divers other mannors , lands , and vast possessions in the right of alice daughter and heir of lacy earl of lincolne , appertaining to that earldom , gave costly liveries of furrs , and purple to barons , knights , and esquires attending in his house , or place of residence , and paid in the th . year of the raign of king edward the second , six hundred twenty-three pounds , sixteen shillings , six pence , ( when a little money went as far as a great deal now ) to divers earls , barons , knights , and esquires for fees , and being in great discord with king edward the second his nephew concerning gaveston , the two despencers a father and son his favourites , and some grievances of the nation complained of , and the pope having sent two cardinals into england , to endeavour a pacification betwixt them , they with the king , queen , arch-bishop of canterbury , all the bishops cum comitibus , baronibus & magnatibus regni went to leicester to have an enterview and treaty with the said thomas earl of lancaster , whither the king being come , saith the historian , occurrit ei thomas comes lancaster die ei ex hac parte praefixo apud sotisbrig stipatus pulcherrimâ multitudine hominum cum equis , quod non occurrit quempiam retroactis temporibus vidisse aliquem comitem duxisse tàm pulchram multitudinem hominum cum equis sic benè arraitorum scilicet . mille , cùmque rex & comes obviarent , sine magna difficultate osculati sunt , & facti sunt chari amici quòad intuitum circùm astantium . in anno . henry the third , the king b granted to john earl of richmond the honor and rape of hastings in com' sussex , and in anno . the honor of eagle and castle of pevensey in com' sussex , to whose ancestors william the conqueror had before granted all the northern part of the county of york called richmond , being formerly the possessions of earl edwyn , a saxon. percy , a c great baron in northumberland , and the northern parts , had thirty-two lordships in lincolneshire , in yorkshire eighty-six , besides advowsons , knights fees , free warrens , &c. and was on the king's part at the battle of lewes . richard earl of cornewall had in the th . of henry the third , a grant of the whole county of rutland , in anno . of the castle and honor of wallingford , with the appurtenances , and the mannor of watlington , all the lands in england , which queen d isabell the king's mother held in dower , the whole county of cornewall with the stanneries and mines , the castle and honor of knaresburgh in the county of york , the castle of lidford , and forrest of dertmore , the castle of barkhamsteed , with the appurtenances in the county of hartford , with many knights fees , advowsons , free warrens , liberties , &c. in the raign of henry the third , william de valence , afterwards earl of pembroke , was seized of the castle of hartford with the appurtenances , of the mannors of morton and wardon in com' glouc ' , cherdisle , and policote in com' buck ' , compton in com' dors ' , sapworth , colingborow , swindon , jutebeach , and boxford in com' wilts ' , sutton , and braborne in com' kanc ' , and of divers mannors and lands in the counties of surrey and sussex . robert de todeney , e father of william de albini , built the castle of belvoir , and had seventy-nine mannors with large immunities and priviledges thereunto belonging . beauchamp of elmeley , of whom the earls of warwick of that name were descended , had by the grant of king henry the first bestowed upon him all the lands of roger de wircester , with many priviledges to those lands belonging , and likewise the shrievalty of worcestershire to hold as freely as any of his ancestors had done , had the castle of f worcester by inheritance from emelin de ubtot , the mannors of beckford , weston , and luffenham in com' rutland , executed the shrievalty of warwickshire , in d . henry the second , so also in gloucestershire , from the d. to the th . inclusive for herefordshire , from the th . to the th . certified his knights fees to be in number fifteen , had by marriage and his inheritance , the honor and castle of warwick with wedgenock park , and all those vast possessions of the earldom of warwick , enjoyed by earl walleran or mauduit baron of hanslap his heir . bolebeck of the county of buckingham , at the time of william the conqueror's survey , was seized of ricote in com' oxon ' , waltine in com' hunt ' , and of missedene , elmodesham , cesteham , medeinham , g broch , cetedone , wedon , culoreton , linford herulfmede , and wavendon in com' buck ' , and in th . henry the third , one of that family certified his knights fees holden of the king to be eight , of the earl of buckingham twenty . another of the same name and family , in the county of northumberland , was enfeoffed of divers lordships by king henry the first , one of whose descendants in . henry the second , certified his knights fees de veteri feoffamento to be four and a half , and three and two thirds de novo , and left issue by margaret his wife , one of the sisters and coheirs of richard de montfichet , a great baron of essex , hugh de bolebeck , who in . henry the third was sheriff of northumberland , and possessed of twenty-seven mannors in that county , with the grange of newton , and the moyety of bywell . the lord clifford and his descendants was then and not long after seized of the borough of hartlepole in the bishoprick of durham , three mannors in h oxfordshire , three in wiltshire , frampton , and part of lece in com' glouc ' , seven in com' heref ' , corfham , culminton , and three other mannors in com' salop ' , the castle of clifford in com' heref ' , mannor of temedsbury or tenbury , and five other mannors in com' vvigorn ' , castle and mannor of skipton in craven , forrest of berden , the chase of holesdon , the towns of sylesdon and skieldon , with the hamlets of swarthowe and bromiac , third part of the mannor and priory of bolton in com' eborum ' , mannors of elwick , stranton , and brorton in com' northum ' , castles and mannor of apleby , burgh , pendragon , and bureham , the wood of quintel , twenty-four mannors , and the moiety of the mannor of maltby in the county of cumberland , the mannor of duston , and eighteen other mannors in the county of vvestmoreland , together with the shrievalty of that county to him and his heirs , descended unto him from the baron of vipont . vvilliam de peverell , an illegitimate son of vvilliam the conqueror , had in the d . year of his raign ( when all places of trust and strength were committed to the king 's chiefest friends and allies ) the castle of nottingham , then newly built , given unto him , and with it , or soon after , divers lands in several counties of a large extent ; for by the general survey it appears , that he had then forty four lordships in northamptonshire , two in essex , two in oxfordshire , in bedfordshire two , in buckinghamshire nine , in nottinghamshire fifty-five , with forty-eight trades-mens houses in nottingham , at thirty-six shillings rent per annum , seven knights houses and bordars ( of which the honor of peverell did consist ) in derbyshire fourteen , and six in leicestershire . roger de montgomery , earl of shrewsbury , had in the reigns of vvilliam the conqueror , and his son vvilliam rufus , besides great possessions in normandy , in vviltshire three lordships , in surrey four , in hantshire nine , in middlesex eight , in cambridgeshire eleven , in hartfordshire one , in gloucestershire one , in worcestershire two , in warwickshire eleven , in staffordshire thirty , in sussex seventy-seven , with the city of chichester , and castle of arundell , i and in shropshire very many , near all that county , with the castle and town of shrewsbury . odo , earl of albermarle and holderness , had shortly after the conquest , given him by william the conqueror , the large territory of holderness , with fifteen mannors or lordships in other counties that would bear wheat , because he alledged that of holderness would bear only oates , and had in the raign of king henry the third , the barony of skipton in craven , k with sixteen knight-fees , a moyety of the forrest of allerdale caldebec , with the mannor of cockermouth in the county of cumberland , the bond service of the tenants in freston , a member of brustwick in holderness , and in the right of isabell his wife , the castle of carisbrooke and isle of wight . robert l de stafford was shortly after the conquest seized of two lordships in suffolk , one in worcestershire , one in northamptonshire , twenty in lincolneshire , twenty-six in warwickshire , with eighty-one in staffordshire . walter m de eureux had shortly after the conquest two lordships in dorsetshire , three in somersetshire , one in surrey , one in middlesex , two in hantshire , two in hartfordshire , two in buckinghamshire , and thirty-one besides the mannors of saresbury and ambresbury in wiltshire , and as sheriff of that county received in rent one hundred and thirty hogs , thirty-two bacons , two bushels and sixteen gallons of wheat , and as much in barley , bushells and eight gallons of oates , thirty-two gallons of honey or sixteen shillings , four hundred and forty-eight hens , one thousand and sixty eggs , one hundred cheeses , fifty-two lambs , two hundred fleeces of wool , having likewise one hundred and sixty-two acres of arable lands , and amongst the reves lands , to the value of forty pounds per annum . baldwin n de molis , second son to gilbert crispin earl of beton , son of godfrey earl of eu , natural son of richard duke of normandy , great grand-father to william the conqueror , was one of the principal persons of the laity , that won much fame at the conquest , and marrying aldreda a neice of the conqueror , had shortly after the castle of exeter granted unto him , and besides mola and sappo had given unto him werne in dorsetshire , apely , portlock , and mundeford in somersetshire , one hundred and fifty-nine lordships in devonshire , and nineteen houses in exeter . to whose eldest son richard was also given the whole honor and barony of okehampton , with the shrievalty of the county of devon. geffry mandeville o had given him by the conqueror in barkshire four mannors , in sussex twenty-six , in middlesex seven , in surrey one , in oxfordshire three , in cambridgeshire nine , in hertfordshire nineteen , in northamptonshire seven , in warwickshire two , in essex forty , with hurley and the woods in barkshire . alan sirnamed p rufus , or fergaint , son of an earl of britany in france , had given him by william the conqueror the northern part of the county of york called richmond , which with what he had in yorkshire made one hundred and sixty-six lordships , besides the castle of richmond , one called the devises in wiltshire , in essex eight , in hartfordshire two , in cambridgeshire sixty-three , with ten burgages in cambridge , in herefordshire twelve mannors , in northamptonshire one , in nottinghamshire seven , in norfolk eighty-one , and in lincolneshire one hundred and one . together with many others of the norman nobility , and adventurers , who had great quantities of lands and possessions given unto them by that conquerour of england . and some of our english nobility were so great , magnanimous , and munificent , q as at the coronation of king edward the first , when alexander king of scotland his brother-in-law came from thence to westminster , to be present and do him homage , sir edmond earl of kent the king's brother , the earls of cornewall , gloucester , pembroke , and earl warren , each of them by themselves , led on their hands one hundred knights disguise in their armes , and whame they weren alyght of theyr horse , they let them goo whedyr they wolde , and they that cowd them take had them stylle at their own lyking . the great ancestors of whom , as well as those that stood with or against king henry the third , or were but as sad spectators of those tragick wars , had in their hospitalities , and huge quantities of lands holden of them , as may appear by their certificates of knights fees recorded in one part of the book called the red-book of the exchequer , happily preserved from the conflagration or great london fire , several forrests , parks , and chases , with multitudes of castles in some of their possessions , had been the procurers of many of their own and the common peoples liberties and priviledges in the often confirmed magna charta , and charta de foresta , with divers great priviledges , fairs , and markets , and had given unto them large commons of pasture and estovers , and by their grants of markets and fairs , and likewise by their very many advowsons , and patronages of churches of a great part of which they had been the founders , builders , and glebe endowers , had to their spiritual estates laid upon the commonalty as great obligations of gratitude , as they had in the before-recited temporal favors and benefits ; besides their granting of leases of part of their demesne lands at small rents , with reservation of some service , in permitting their charity and good will in copy-hold lands to tenants or servants , or their widdows or children , which at the first was but at the will of the lord , or for life or years to continue and breed into a custom of inheritance , secundum consuetudinent manerii , and enfranchised and made many of them free-holders , permitted many copy-hold fines incertain to be made certain , where they had been anciently at the will of the lord , and to be limited by the chancery or courts of justice , to the rent of two years improved value , and when they do in these later times demise any part of their demesne lands to a tenant for twenty-one years , now that the legal usury or interest for money is but six per cent . for ten years purchase do take , ( as many landlords do now money before hand at a chargeable interest ) and next to the manifold reiterated blessings of the god of heaven and earth , together with the favours and benefits of the elements , and superior regions , and astral influences , by and under the divine providence , were as much blest and happy under their kings , princes , bishops , and nobility , as any nation or common people of the world could be , or expect to be , in their properties , liberties , protection , and priviledges , whom those great barons , and lords spiritual and temporal could not imagine , would ever be able either to forget the good , which they and their fore-fathers had received , and they and their after-generations were like to enjoy under them ; or get loose from those many great ties and obligations of a never-to-be-forgotten gratitude , which they had upon them , but thought themselves very secure from any danger that might happen by any of their incroachments or usurpations , by placing any power , or but a semblance of authority for once in the lower ranks of the people ; nor could have believed , that the common people of england , after their solemn protestations to preserve them , and the government , could after the murder of their king in their last horrid rebellion , have voted them to be useless and dangerous , and being unwilling to leave any of the divels their masters business unfinished , did solemnly enforce the deluded seditious people , under as many severe penalties as they could lay upon them , not any more to submit to any government by a king and house of lords , to whom our kings had given no power to make their own choice , but lodged and onely entrusted it in the sheriffs , many of which the rebellious barons had by usurpation r of the king's authority provided before hand to be at this present of their own party , or were like to be so , or under their awe and guidance , wherein they were perceived by the king some years before , upon their ill-gained provisions at oxford , to have been very diligent in making sheriffs of their own party , those great offices being in those times and many years before , and some few years after , alwayes put into the hands and trust of the baronage , or men of great estate and power . whose number by tenures , and summons by writs to our king 's great councels or parliaments , creations or descents , accounted in the raign of king henry the third , to be no less than two hundred and forty , if not many more , and like the tall and stately cedars of our nation might well deserve the titles of proceres and magnates , especially when many or most of them were in their greatness , goodness , and authority in their several stations , like the tree which nebuchadnezzar s saw in his vision high and strong , the height whereof reached to the heaven , the leaves were fair , and the fruit thereof much , the beasts of the field had shadow under it , and the fowles of the heaven dwelt in the boughs thereof , and as ex pede herculem , the length and greatness of hercules's foot , declared the vast proportion and magnitude of the residue of his body , it was easy to compute , how little were then the common people , how great the nobility , whom the brittaines ancient inhabitants of our isle , as the learned francis junius the son of the no less learned francis junius hath observed , justly stiled them lhafords lords , and their wives lhafdies ladies , because they usually gave bread and sustenance to those that wanted it , gave license of marriage to the widdows of their thanks by knight service , punished their tenants , so holding their lands by writ cessavit per biennium , and a forfeiture if not redeemed was entituled to a writ of contra formam collationis for not performing the duties and offices of their endowments , and the large revenues and emoluments appropriated thereunto . and with the many accessions , and devolutions of other mannors , lands , revenues , estates , baronies , titles of honour , and offices of state , by marriages , descents in fee , or remainders in fee-tail , munificent guifts and grants of their kings and princes , upon merit and great services done for them and their country , or by purchases guarded by the strength of the statute de donis t conditionalibus , made in the th . year of the raign of king edward the first , with the tye and obligation of their tenures , and the restraints of alienation , made them to be such grantz & magnates , as the common people did in their disseisins , intrusions , and outrages done one unto another , which in the elder times were very frequent , colour and shelter u those injuries by or under some title or conveyances made unto some of the nobility or great men of the kingdom , which caused some of our kings to grant out commissions of ottroy le baston , vulgarly called trail baston , to find out and punish such evil doings , and by the making of some of our later laws , to restrain the giving of liveries , so as until the writs of summons granted by king edward the first , in the d . year of his raign , to elect some knights of the shires , citizens , and burgesses , to give their assent in parliaments to such laws and things , as by the advice of his lords spiritual and temporal should advise , should by him be ordained ( there having been an intermission of those , or the like kind , of writs of summons from the first contrivance thereof , in the time of the imprisonment of king henry the third , in the th . year of his raign ) it was and ought to be believed , as a matter or thing agreeable to truth , right reason , and the laws and records of the kingdom , that the commons and freeholders of england were long before , and for many ages past , as ancient as the british empire and monarchy , were to be no part of our great councels or parliaments , were never summoned or elected to come thither , but had their votes and estates , and well being , as to those great councels , included in the lords spiritual and temporal , and as to their assent or dissent , good or ill liking represented by them , and retaining their well deserved greatness , were so potent and considerable , as gilbert de clare earl of gloucester , could after the battle of evesham , where he had fought for the king , march with a formidable army , composed for the most part of his own servants , tenants , reteiners , and dependants from the borders of wales to london , quarrel and capitulate with his king , that had been but a little before extraordinary victorious , and with john warren earl of surrey , did after the death of king henry the third , before the return of his son prince edward from the wars in the holy-land , to take the crown upon him , at the solemnization of the funeral of the deceased king , in the abbey-church of westminster , w with the clergy and people ( there assembled ) without their license and election , go up to the high altar , and swear their fealty to the absent king edward the first his son. so beloved , feared , and followed , as the great earl of warwick was said in some of our histories to have been the puller down , and setter up of kings , could with the earl of oxford in the dire contests betwixt king henry the sixth , and edward the fourth , for the crown of england , rescue and take by force king henry the sixth out of the tower of london , where he was kept a prisoner , attend him in a stately and numerous procession to the cathedral church of st. paul , the one carrying up his train , and the other bearing the sword before him to the church , where they crowned him , and after a frown of fortune , did stoutly , by the help of the lancastrian party , give battle to king edward the fourth at barnet-field , where but for a mistake of oxford's and warwick's soldiers , and their banners and badges , fighting one against the other in a mist , instead of king edward the fourth's men , they had in all probability prevailed against him . and the interest , alliance , and estate of that earl of oxford was so great notwithstanding shortly after in the kingdom , as although he had very much adventured , suffered and done for king henry the seventh , led the vanguard for him at bosworth field against king richard the third , and eminently deserved of him , as the numbers and equipage of his servants , reteiners , dependants , and followers did so asfright that king , and muster up his fears and jealousies , as being sumptuously feasted by him at hedingham castle in essex , where he beheld the vast numbers , goodly array , and order of them , he could not forbear at his departure telling him , that he thankt him for his good cheer , but could not endure to see his laws broken in his sight , and would therefore cause his attorney general to speak with him ; which was in such a manner , as that magnificent and causelesly dreadful gallantry did afterwards by fine or composition cost that earl fifteen-thousand x marks . did notwithstanding their great hospitalities , magnificent manner of living , founding of abbies , monasteries , and priories , many and large donations of lands to religious uses , and building of strong and stately castles and palaces , make no small addition to their former grandeurs , which thorough the barons wars , and long lasting and bloody controversies betwixt the two royal houses of york and lancaster , did in a great veneration , love , and awe of the common people , their tenants , reteiners , and dependants , continue in those their grand estates , powers , and authorities , until the raign of king edward the fourth ; when by the fiction of common recoveries , and the misapplied use of fines , and more then formerly riches of many of the common people , gathered out after the middle of the raign of king henry the eighth , by the spoil of the abbey , and religiously devoted lands , in which many of the nobility by guifts and grants of king henry the eighth , king edward the sixth , and queen elizabeth , in fee or fee-tail had very great shares , brought those great estates of our famous english baronage to a lower condition , than ever their great ancestors could believe their posterities should meet with , and made the common people , that were wont to stand in the outward courts of the temple of honour , and glad but to look in thereat , fondly imagine themselves to have arrived to a greater degree of equality than they should claim , or can tell how to deserve . and might amongst very many of their barbarously neglecting gratitudes remember , that in the times in and after the norman conquest , when escuage was a principal way or manner of the peoples aides , especially those that did hold in capite or of mesne lords under them , to their soveraign for publick affairs or defence , the lords spiritual and temporal being then the only parts of the parliament under their soveraign , & the sole grand councel of the kingdom under him , did not only assess in parliament , and cause to be leavied the escuage , but bear the greatest part of the burden thereof themselves , that which the common people did in after times in certain proportions of their moveables , and other estates , or in the ninth sheaf of wheat , and the ninth lamb , being until the dissolution of the abbies and monasteries in the latter end of the raign of king henry the eighth , when they were greatly enriched by it , did not bear so great a part of the burdens , aides , or taxes , or much or comparable to that which lay upon the far greater estates of the nobility , there having been , in former times , very great and frequent wars in france and scotland ; & no escuage , saith sir y edward coke , hath been assessed by parliament since the th . year of the raign of king edward the second . howsoever the commons , and common people of england ( for all are not certainly comprehended under that notion ) their ancestors before them and their posterities and generations to come after them , lying under so great and continued obligations , and bonds of an eternal gratitude and acknowledgement , to the baronage and lords spiritual and temporal of england and wales , for such liberties and priviledges as have been granted unto them , with those also which at their requests and pursuits have been indulged or permitted unto them by our and their kings and princes successively , will never be able to find and produce any earlier or other original for the commons of england , to have any knights , citizens , or burgesses , admitted into our kings and princes great councels in parliament , until the aforesaid imprisonment of king henry the third , in the th . and th . year of his raign , and the force which was put upon him by symon montfort earl of leicester , and his party of rebels . sect . xii . that the asoresaid writ of summons made in that king's name to elect a certain number of knights , citizens , and burgesses , and the probos homines , good and honest men or barons of the cinque ports , to appear for or represent some part of the commons of england in parliament , being enforced from king henry the third , in the th . and th . year of his raign , when he was a prisoner to symon de montfort earl of leicester , and under the power of him , and his party of rebellious barons , was never before used in any wittenagemots , mikel-gemots , or great councels of our kings or princes of england . for , saith the very learned and industrious sir william dugdale knight , garter king of armes , unto whom that observation by the dates of those writs is only and before all other men to be for the punctual , particular , express , and undeniable evidence thereof justly ascribed , which were not entered in the rolls ( as z all or most of that sort have since been done ) but two of them , three saith mr. william pryn , instead of more in schedules tacked , or sowed thereunto : for although mr. henry elsing , sometimes clerk to the honourable house of commons in parliament , in his book entituled , the ancient and present manner of holding parliaments in england , a printed in the year . but written long before his death , when he would declare by what warrants the writs for the election of the commons assembled in parliament , and the writ of summons of the lords in parliament were procured , saith , that king henry the third , in the th . year of his raign , when those writs were made , was a prisoner to symon de montfort , and could not but acknowledge , that it did not appear unto him by the first record of the writs of summons now extant , by what warrant the lord chancellor had in the th . year of the raign of that king , caused those writs of summons to parliaments to be made . howbeit most certain it is , saith sir william dugdale , that those writs of election , made in the name of king henry the third , to send knights and burgesses to the parliament , were by a force put upon his great seal of england , as much as upon himself , when they had him as a prisoner of war in their custody , and kept him so , as our chronicles , historians , and annals b have recorded it , for an year and a quarter , carrying him about with them to countenance their rebellious actions ; for the battle of lewis , wherein he was made a prisoner , was upon the th of may in the th . and that of evesham , which released him , the th . day of august , in the th . year of his raign . and there is no testimony c or record to be found of any other the like writ of election made afterwards , untill the d . year of king edward the first , although there were several parliaments , or magna concilia convocated , and held in the mean time ; and if our ancestors had not been so misled and abused by the rebels in the raign of king john , and his son king henry the third , there are enough yet alive , who can sadly remember , how a more transcendantly wicked hypocritical party have since adventured to make out and frame , until they had murthered him , counterfeit writs , commissions , and summons of parliament , in the name of our religious king charles the martyr , and make as much as they could his royal authority to fight against his person . and there is no certainty or pregnant evidence , saith mr. william pryn , who being a lawyer , and a long and ancient member of the house of commons in parliament , did so much adore the power and preheminence thereof , as adventuring the loss of his estate , body and soul with them therein , could find no better a foundation or pedigree to bestow upon them , than the captivity and imprisonment of a distressed unfortunate king , but saith , that there were not any knights , citizens , burgesses , or house of commons , in the confessors , or conquerors raigns , or any of our saxon or danish kings ; nor before the latter end of king d henry the third's raign ; for although polydore virgill , and others do refer the original of our parliaments to the council holden at salisbury in the th . year of king henry the first , there is not one syllable in any of our ancient historians concerning knights , citizens , and burgesses present in that councel , as saith the learned sir henry spelman , in these words , viz. rex perindè qui totius regni dominus est supremus , regnumque universum tàm in personis baronum suorum quàm è subditorum ligeancia ex jure coronae suae subjectum e habet , concilio & assensu baronum suorum leges olim imposuit universo regno , & consentire inferior quisque visus est in persona domini sui capitalis , prout bodiè per procuratores comitatûs vel burgi , quos in parliamento knights and burgesses appellamus , habes morem veteram quem mutâsse ferunt henricum primum anno regni sui sextodecimo , plebe ad concilium sarisberiense tunc accitâ , haec vulgaris opinio , quam typis primus sparsit polydorus virgilius , acceptam subsequentes chron●graphi , nos ad authores illius seculi prouocamus . and refuting that opinion f by neubrigensis ( who lived about that time , and relates the purpose of that great councel in these words , facto concilio eidem filiae suae susceptis vel suscipiendis ex eis nepotibus ab episcopis comitibus barombus & omnibus qui alicujus videbantur esse momenti ; and likewise by florentius wigorniensis , eadmerus and huntington , further saith , ludunt qui parliamenta nostra in his quaerunt sine ut sodes dicam collegisse mecentenas ( reor ) conciliorum coitiones , tenoresque ipsos plurimorum ab ingressu gulielmi mi ad excessum henrici i existentium , nec in tanta multitudine de plebe uspiam reperisse aliquid , ni in his delituer it seniores , sapientes populi , which he conceives to be only aldermanni , sapientes or barones , & magnates regni , not the commons . and it hath been well observed by the learned author of the notae & adversaria in historiam mathaei parisiensis , that in the ancient synods , before the subduing of england by william duke of normandy , conficiebantur chartae donationum publicae & de gravaminibus reipublicae brevitèr inter regem & magnates , episcopos & abbates consultabatur , id enim tunc dierum erat synodus quod nunc ferè parliamentum , nisi quod non rogabantur leges per plebiscita , nec sanciebantur canones per suffragia minoris cleri . and was as novel and new , as it was unexpected , no such writ having ever before been framed or made use of , to such or any the like purpose . and mr. selden likewise saith , that the earls and barons mentioned or directed by those compelled then writs of summons , to come to that pretended parliament , were only the earls of leicester , gloucester , oxford , derby , norfolk , roger de sancto johannis , hugh le despencer , justiciar ' angliae , nicholas de segrave , john de vescy , robert basset , g. de lucy , and gilbert de gaunt . of which the earls of leicester , gloucester , norfolk , oxford , and derby , were notoriously known to have been in open armes and hostility against the king. the whole number of the temporal lords therein named , not amounting unto more than twenty-three , with a blank left for the names of other earls and barons , which have not been yet inserted or filled up . and all the other , which were in that constrained writ of summons particularly and expresly named , were no other than h. de le spencer , justicar ' angliae , john fitz-john , nicholas de segrave , john de vescy , rafe basset de drayton , henry de hastings , geffery de lucie , robert de roos , adam de novo mercato , walter de colvill , and robert basset de sapcott , which together with the then bishops of london , and worcester , symon de montfort earl of leicester , and steward of england , h. de boun juvenis , peter de monteforti , & s. de monteforti juvenes , baldwin wake , william le blond , william marescallus , rafe de gray , william bardolff , richard de tany ( or tony ) and robert de veteri ponte , made up the number of the opposite party to that king in the aforesaid reference to the king of france . and mr. selden g hath observed , that the preambles of the ancient parliament-writs , for the snmmoning of the baronage , sometimes so varied , that some eminent occasions of the calling of the parliament were inserted in the writs h to the spiritual barons , that were not in those to the temporal , and often times no more than a general and short narrative of our king's occasion i of having a parliament with much variation in the writs of that nature , with many differences of slighter moment expressed , and sometimes in all a clause against coming attended with armes , and that until the middle of the raign of king richard the second , when the dukes , earls , and barons , were created by letters patents of our kings ; the names of the barons to be summoned in parliament , were written from the king 's own mouth at his direction and command ; and in that agreeth with mr. elsing , who saith , it was ad libitum regis , for surely none but the king can summon a parliament , and that was the reason that henry the fourth , having taken king richard the second his leige and lord prisoner , the th . day of august , in the st . year of his raign , did cause the writ of summons for the parliament , wherein he obtained the crown to bear date the th . day of the same month , for the warrant was per ipsum regem & concilium , and himself to be summoned by the name of henry duke of lancaster . sect . xiii . that the majores barones regni , and spiritual and temporal lords with their assistants , were until the th . year of the raign of king henry the third , and the constrained writs issued out for the election of knights , citizens , and burgesses , whilst he was a prisoner in the camp or army of his rebellious subjects , the only great councel of our kings . for the barons of england , viz. the lords . spiritual and temporal , with some other wise and selected men , which our kings did anciently , and upon occasions call into that assembly , were the great council of the kingdom , and before and from the conquest , until a great part of the raign of king henry the third ( in whose dayes , saith mr. elsing , it is thought the writs for election of knights and burgesses were framed ) made the great councel of the kingdom , and under the name of barons , not only the earls , but the bishops also were comprehended , for the conqueror summoned the bishops to those great councels , as barons ; and in the writ of summons ( made as aforesaid in the captivity and troubles of king henry the third ) we find the bishops and lords with some abbots and pryors to be the councellors , and the commons only called to do , perform , and consent unto what should be ordained . and mr. selden , and sir henry spelman have by divers instances , and warrantable proofs declared unto us , that the bishops , and lords only were admitted into the wittenagemots , or great councels , which were wont in and after the raigns of the k saxon kings to be kept at the three great festivals in the year , viz. easter , whitsontide , and christmass , l when the earls and barons came to pay their respects and reverence to their soveraign , and give an account of what was done , or necessary to be known or done in their several provinces and charges , and what was fit to be consulted thereupon , and were then accustomed to meet , and assist their kings and soveraigns with their advice and counsel . which m was so constantly true , as antecessores comitis arundel solebant tenere manerium de bylsington in com' kanc. quod valet per annum . l. per serjeantiam essendi pincernam domini regis , in die pentecostes , & ela comitissa warwick tenuit manerium de hoke norton in com . oxon , quod est de baronia de oyley de domino rege in capite per serjeantiam scindendi coram domino rege die natalis domini & habere cultellum domini regis de quo scindit . roger de britolio farl of heresord , being in armes and open rebellion against king william the conqueror taken prisoner , and condemned to perpetual imprisonment , wherein though he frequently used many scornsul , and contumelious words towards the king , yet he was pleased at the celebration of faster in a solemn manner ( as then was usual ) to send to the said earl roger then in prison his royal robes , who so disdained the favour , that he forth with caused a great fire to be made , and the mantle , the inner surcoate of silk , and the upper garment lined n with precious furs to be burnt , which being made known to the king he became displeased , and said , certainly he is a very proud man , who hath thus abused me , but by the brightness of god he shall never come out of prison , as long as i live ; which was fulfilled . in anno william rufus tenuit curiam in natali domini apud london & rex anglorum willielmus , cognomento rufus , gloriose curiam suam tenuit ad natale apud gloverniam , ad pascham apud wintoniam , & apud londonias ad pentecosten . et hic concessus ordinum regni , saith sir john spelman , sive totius regni repraesentatio ( quod intelligere convenit ) ab alfredo certis quidem vicibus , & ijs ordinariis , o non quasi ejusdem formae & celebritatis esset , cujus & hodierna comitia , quae parliamentum vulgò dicuntur , sed ut quantum est in anglia terrarum tunc aut unum omninò regis erat , aut comitun ejus atque baronum , & qui sub illis agros colerent eos clientelari atque precario jure possederint , ut qui toti ab nutu dominorum penderent , ità quicquid ab isto tempore ab rege , comitibus ejus atque baronibus constitutum est , toto regno sancitum erat , velut ab ijs transactum quibus in caeteros suprema & absoluta potestas esset , adeoque reliquorum seu clientium & mancipiorum jura includeret . episcopos quod attinet hi magnis hisce concilijs nunquam non intersuerunt suisque suffragijs leges sanxerunt , nam praetereà illud quod ob seculares fundos barones vel ob ipsum sacerdotis honorem sacrosancti censebantur , eâ infuper sapientiâ plerumque praestabant , ut non tantùm suffi agia procerum aequiparârint , sed & actis omnibus venerationem atque pondus addiderint , ab hoc regis instituto manavit ( uti videtur ) mos ille posteris saxonibus non inusitatus , ut concilia episcoporum atque magnatum tèr quotannis celebrarentur , nempe ad domini natales , pascha , atque pentecosten , ad consultandum de arduis regni negotijs , neque id uno semper eodemque loco , sed ubicunque res posceret licet ferè ubi rex cum aulicis ageret praesens . and in our parliaments , as well modern as ancient , had a deliberative power , as the most learned selden hath informed us , p in advising their kings in matters of state , and giving their assent in the making of laws , and a judicial subordinate power to their kings in giving of judgment in suits or complaints brought before them in the house of lords , or that magna curia & universitas regni , q as bracton stiles it ; and whither in his time causes were for difficulty adjourned from the other courts of the kingdom , unto which no remedies could otherwise be given , and saith mr. elsing , all judgments are given by the lords as aforesaid , and not by the commons . and that very ancient , long experimented and well approved custom , appeareth not to have been discontinued or forgotten , when in the parliament holden in the first year of the raign of king henry r the fourth , the commons shewing to the king that comme les juggements du parlement appurteignont seulement au roy & as seigneurs & nient as commones ; si noun en case que sil plest au roy de sa grace especile leur monstrer ses ditz juggements pur ease d' eux , que nul record soit fait en parlement encontre les ditz communes , que sont ou serrent partyes as escunes juggementz donez ou adonees ou apres en parlement . a quoi leur feust respondu per l' ercevesque de canterbire de commandement du roy , 〈…〉 ment mesmes les commones sont petitioners & demandeurs , & que le roy & les seigneurs de tout temps ont eves & averont de droit les juggementz en parlement , en manere come mesme les comones ount monstrez , sauvez quen statutz affaires ou en grauntez & subsides ou tiel choses affaires pur comon profit du royalme , le roy voit avoir especialment leur advys & assent , & que cel ordre de fait soit tenuz & gardez en tout temps adveniz . and the earls and temporal barons , were by s vertue of their tenures and summons of parliament , since the beginning of the raign of king richard the second , said to be conciliarij nati of the king and kingdom , and the bishops to sit there then , and long before , by reason of their baronies ( which no member of the house of commons is , or can claim to be ) in our king 's great councels or parliament , until the framing of that aforesaid novel writ to elect knights , citizens , and burgesses in the time of the imprisonment of king henry the third , and after his release was discontinued , and no more made use of , until the d . year of the raign of king edward the first his son , and the heirs by ancient customes of that court , under and by the kings authority , do exercise in causes and complaints brought before them a judicial and decisive power . and in the preceding times and ages , until that new writ of elections was contrived and imposed upon that distressed and much injured prince ; certissimum est , saith that learned and judicious antiquary sir henry spelman , that the nobility and barons , which did hold immediately of the king in capite , judicijs praefuêre aulae regiae , did usually sit and determine causes or controversies in the king's court or palace , as the barons t of the coife in the exchequer , who were heretofore earls and barons , do at this day judge and determine of matters touching the king's revenues . and as the lords u of mannors in their courts barons do admit none to be judges in those their little courts , but their tenants , who are free-holders , and do hold of them , and being stiled and said to be of the homage , do subserviently manage the affairs of their lords therein , who did very anciently use to act therein , concilio prudentum hominum & militum suorum by their presentments , advice , and judgements , and are therein not much differing from the customs and laws of the longobards , where their emperor commanded w that nullus miles ( nobiscum saith sir henry spelman liber homo ) sine certâ & convictâ culpâ suum beneficium perdat , nisi secundum consuetudinem antecessorum nostrorum et judicium parium suorum . in which , saith sir henry spelman , th 〈…〉 is an idea of our magna charta , the free-holders in the hundred courts being thither also called . conformable to the league made by king alfred with guthrun the dane , wherein homicide sive de crimine alio quod quatuor marcas excederet postularetur per duodecim ex paribus , reliquos autem subditos per pares unumque ex baronibus regis fore judicandos . and to the laws of our king henry the first , wherein it was ordained , that unusquisque per pares judicandus est , si quis in curia sua vel in quibuslibet agendorum locis placitum tractandum habet , convocet pares & vicinos suos , si inter compares vicinos sint querelae conveniant ad divisas terrarum suarum , & qui prior queremoniam fecerit , prior rectum habeat , & si alias ire oporteat in curiam domini sui eant , si unum dominum habeant , & soca sit ejus , & illic eos amicitia congreget , aut sequestret judicium . and may seem to be derived from the laws and customs of the germans , y where by the court of peers are understood causarum feudalium judices à caefare constituti , qui sine provocatione cognoscebant , to be judges appointed by the emperor to hear and determine without appeal matters concerning their lands and territories ; where the like usage and term of peers in their judicatures , great councels or diets , is at this day used ( the princes of the empire being paribus cu 〈…〉 ae ) and such are those of our house of peers in parliament , being the highest court of the kingdom of england , where none were admitted or did administer justice , nisi qui proximi essent à rege ipsique arctioris fidei & homagij vinculo conjuncti , but such as were near unto the king , and held of him in capite ; which kind of tenures howsoever they were most unhappily dissolved by a late act of parliament in his now majesties raign , for converting tenures in capite into free and common socage , were by an exception and proviso in the said act of parliament , as to the rights and priviledges of the peers in parliament , specially saved and reserved unto them , who were heretofore capitanei regni , as sir henry spelman saith , captains of the kingdom , and peers obliged and bound unto their kings by homage and fealty in that highest and most honourable court of the kingdom ; wherein the judicative power of parliament under their king , their head and chief resides , which high and honourable assembly reverencing and taking care for their head and soveraign , the only , under god , protector of themselves , the church , and all their worldly concernments and liberties . was so much used in france , as saith a conringius , proceres temporibus francorum , temporibus antiquissimis concilio interfuisse plurimis quidem testimonijs in proclivi est ; and cites a book written per theganum chorepiscopum trevirensem de gestis ludovici imper ' ca. . ubi de carolo magno imperatore legitur , cùm intellexisset appropinquare sibi diem obitus sui , vocavit filium ludovicum ad se , episcopis , abbatibus , & comitibus loco positis , & habuit grande colloquium cum ijs aquisgravi , & eodem spectat procul dubiò hinckmari ( who was a bishop and councellor of charlesmaynes ) illud concilium lodovico baldo datum epistolam , ut rempublicam administret , ex procerum aut principum consensu ( nusquam plebis mentione factâ ) unde & epistolam illam claudens ca. . scribit de generalibus ecclesiae & regni negotijs fine generali procerum regni consensu & concilio secretum dare concilium nefas etiam consensum deliberare nolo . the king of scotland hath as a feudatory to our kings of england in fide & ligeancia sate in the house of peers in parliament , by the summons of king edward the third , in the d . and th . years of his raign , in a chair of state set upon his left hand . the arch-bishops and bishops do enjoy the priviledge and honour of being present , by reason of their baronies , which howsoever ( some of them , not all ) were given at the first in frank almoigne , and as eleemosynary are holden in capite , & debent b interesse judicijs curiae regis cum baronibus , and are not to be absent , saith the constitution made at clarendon in the th . year of the raign of king henry the second ; and that honourable tenure of servitium militare was accounted to be such a tye and duty of service incumbent upon the bishops , as well as the other baronage , as any neglect thereof was so poenal unto them , as thomas beckett , the then ruffling and domineering arch-bishop of canterbury , notwithstanding c all the pleas and defences which he could make , wherefore he came not to that great councel or parliament when he was commanded , was condemned in a great sum of money , the forfeiture of all his moveable goods , to be guilty of high treason , and be at the king's mercy , and the reason was given of that judgment , for that ex reverentia regiae majestatis , & ex astrictione ligij , homagij , quod domino regi fecerat , & ex fidelitate & observantiâ terreni d honoris quem ei juraverat , he ought to have come , but did not . for such kind of courts and councels , where kings and princes , with the lords spiritual and temporel , as their greater tenants in capite , did for mutual aid , assistance , and counsel assemble and meet together , have been no novelty or new device amongst the cimbri , germans , gothes , francks , longobards , saxons , and several e other northern nations , were brought unto us from them ; amongst whom tenures in capite , and by knights-service , more agreeable to humanity , were justly esteemed to be a better foundation and subsistency of the right power and conservation of soveraignty and government , than that of the eastern and southern princes was , where dura erit servitus dominorum , the condition of servants was hard , and the severity of masters , who had potestatem vitae & necis , power of life and death over their servants , very great and rigorous , and having nothing which they could call their own , but misery , were put to maintain their masters luxury out of their labours , and enduring vilissima ministeria , all manner of slaveries , ab omni militia arcebantur , were not suffered to know or have the use of armes ; but amongst the northern nations there was a more just and gentle usage of the better part of their servants , for that they did divide a great part of their lands and conquests amongst those their servants and soldiers , pactionibus interpositis inter dominum & servientem de mutua tutela , with an especial care to have those feudal lands to remain to their primogeniture heirs males , or the next survivor of them , and saith l' oyseau , ce fut un droict commun , que f les enfans masles succederoient au fief du pere lous ensemble , & tel est le droict des lombards , amongst whom the tenants were to redeem their lords taken prisoners with the expence or loss of half their lands ; and saith martinus g margerus a schomberg , vasallus juramento fidelitatis tenetur , non solum domino damnum per se & alios in rebus non dare , sed etiam concilium & auxilium praestare , nè damnum ab alijs incurrat . vasallus domino contrà fratrem succurrere tenetur . et contrà filium pro domino arma suniere debeat . et patriam pro domino etiam contrà filium defendere . and the feudal laws were so well known here in england in king edward the confessors raign , as it was accounted in his so greatly reverenced and beloved laws , to be consonant to justice and right reason , that qui sugit à domino vel socio suo pro timiditate belli vel mortis , in condictione heretochij in expeditione navali sive terrestri perdat onme quod suum est , & suam ipsius vitam & manus mittat dominus ad terram quam ei anteà ded●rat , & si terram haereditariam habeat ipsa in manus regis transeat . and the h nobility and magnates , great and rich men , having received those ample favours , and bounties from their emperors , kings , and princes , and reserved some of their demesne lands to themselves for their own house-keeping , were so willing to communicate it to others , as they distributed their other great quantities of lands , and tenements in like manner , colonis & hominibus inferioris notae , to their friends , servants , and followers under the various tenures of in capite by knights service , soccage , castle-guard , and copy-holds , burgage , grand and petit serjeanty , and were also to attend their lords , and donors in the service of their prince , which was wont to be carefully excepted , in all their oaths of homage and fealty made unto their mesne lords , and antiquissimo tempore sic erat i in dominorum potestate connexum , ut quando vellent , possunt auferre rem in feudum à se datam ; and such an harmony , and great obligations of bodies , souls , and consciences , lands , estates , dependance , and protection could be no other but a very great safety , and constant kind of defence to this kingdom , and all the subjects and people thereof . for in feudalibus consuetudinibus ( say the civil or caesarean laws ) jura regnorum , ducatuum marchinatuum , adeoque totius imperij leges fundamentales , ac nervi quibus monarchiae romanae cum ipso senescente mundo lanquescentes inter pedes feudorum materiam privatim & publicè utilem , & in ea hodie totius christianae reipublicae , jus publicum magna ex parte consistere , & vires nervos & robora tam togatae quam armatae militiae sita esse . johannes calvin i. c. in epist. dedicat . jurisp. seudal . feuda feudorum , quae jura inquit fidelitatem ac fidem publicam pacem & incolumitatem communis patriae firmavit , imperiosam principum & magnatum dignitatem amplificant , firmissimum militiae contra communes reipublicae hostes nervum ac praesidium subministrant , adeoque fulcra germanico romani imperij nun●upari desiderant , and have received the respect reverence and approbation universally , and almost every where allowed , and not denied unto them , in the labors and studies of very great and eminent civil lawyers , as zasius , wesenbechius , vulteius , harrisanus , corvinus , bronkhorsius , rosenthalius , gothofedus , schwedecus , & multi alij , ac etiam in belgio fridericus sande , omnesque qui non tantum severa lege proficere cupit , & in foro rideri non vult . feuda à germanis principio rerum gentium nationumque ad vires imperij augendas atque conservandas quidem statim quid inventum fuit quod valdè cum feudo convenit genes ' . . . paralip . . . jerem. . . xenophon cyropaid ' l. . pr ' nec tamen feudum fuit sed clientela res apud turcas hodiè notissima , qui non alio modo multos reges & principes sibi nexos cogunt , de germanorum moribus predidit tacitus lib. . . quod principem defendere tueri praecipuum comitum fuerit saramentum , et hi exigunt principis sui liberalitate illum bellatorem equum illam cruentam victricemque frameant . feudum vetus & feudum novum , vetus quod ab abscondentium aliquo , novum quod ipse ab aliquo adquisivit . caesar intelligitur apud germanos in hoc feudo semper exceptus . f. . apud gallos rex in ligio pater non exceptus , quia id datur ab eo qui superiorem non agnoscit , cui si insidiatur , vasalli pater domino subiectus crimen perduellionis principibus comittit . vasallus domino reverentiam & honorem debet ejusque commodo augere , atque damna infecta avertere obligatus est . in feuda concedendis ordo hominum non attenditur , nam & superiores ab inferioribus feuda accipiunt , et per vicariam personam insiurandum accipiunt , inter politicos caesar & reges feuda dare possunt , duces marchiones principes comites & barones feuda dare possunt , etiamsi caesari aut regi subjecti sunt ; maiora sunt autem regalia quae ad statum reipubl ' administrationem nec non summi principis decus pertinent , and à cicerone are said to be iura majestatis , à livio jura imperij , sunt autem majora regalia leges condere easque si dubia sint interpretari lib. . sect. . c. duces , principes , comites , & barones , equites & nobiles creare l. . de dignat ' facere notarios , doctores , comites , palatinos , spurios facere legitimos , novel . . veniam oetatis indulgere , constituere summum tribunal justitiae , à quo appellari non potest , jus vitae & necis pardonare , jus civitatis dare , monetam cudere , plenissimam tuitionem tribuere quam sauvegard dicunt , instituere cursores publicos , qui celeriter dispositis equis epistolas ferunt nunc postas vocant , bellum indicere , pacem cum hoste & foedus cum exteris pangere , academias vel vniversitatem literarum condere , legatos mittere ad alios principes , magistratus creare eosque confirmare , & jurisdictionem atque imperium tàm merum quàm mixtum dare , comitia universorum imperij aut reipub ' ordinum indicere l. . pr ' f. religionis orthodoxae tuitio , concilia & synodos cogere , ecclesiae ministros instituere & confirmare , malè viventes removere , indicere ●●rias . habent etiam regalia minera , quae sunt commoda quae ex rebus publicis & ratione imperij capiuntur , armandia , id est , potestas fabricandi arma & armamentariorum cogendi , viae publicae cum ratione tuitionis contra latrones , tum ratione refectionis , tum ratione jurisdictionis , tum quoque ejus quod in illis nascitur , flumina publica navigabilia & ex quibus fiunt navigabilia modo quo viae publicae ad regalia pertinent , portus vel vectigal quod pro ingressu in portum aut portus transitu pendunt , ripatica sive vectigalia pro riparum earumque munitione , vectigalia quae hodiè tollen conveyen & licenten dicuntur , quae praestantur pro mercibus exportandis & importandis , bona vacantia , bona damnatorum ob perduellionem aliud●e crimen , ex quo hodiè publicatio eorum fit , angariae & parangariae , id est , praestationes operarum & currum , nec non navium quae ad usum publicum rusticis & subiectis imperantur , extraordinaria collatio sive contributio argentariae ( id est ) auri argentique fodinae , quae in provincia sunt , piscatio in flumine publico , nec non venatio , & utriusque concedendi potestas , decimae ex carbonum lapidumque fodinis , salinarum reditus , omnis thesaurus vbique repertus , judaeos recipere , fodrum pro exercitu principis anergariae sive hospitium militum & aulicorum , & condere illustria , gymnasia condicere . dividitur feudum in ligium & non ligium , illud est quando vasallus domino fidem adpromittit contra omnes , nullo excepto mortali . non ligium est , si excipiuntur nonnulli contra quos dominum adiuvare non cogitur . de jure domini directi dominus directus jus ratione seudi , tàm in re quàm ad rem , sed & amplius personam habet . vasallus operas praestare suis sumptibus debet , si à domino monitus fuerit ad jus dominij laudemium pertinet est honorarium , quod principis dominio administris penditur . all which regalia and prerogatives of our kings and soveraign princes , have been founded upon the feudal laws , attending the monarchy of england . and so greatly were our kings and princes in this our monarchy of england sollicitously careful , to maintain and conserve their subjects tenures of their lands , immediately or mediately holden of them , and the dependencies and obedience of their subjects unto them , and therein their own as well as their soveraigns good and preservation , as king henry the second caused throughout the kingdom a certificate to be made , not by the hear-say or slight information of the neighbourhood , or partialities of juries , but by the tenants themselves in capite , or by knight-service , whether bishops , earls , barons , and great or smaller men , by how many whole or parts of knights fees they held their lands , and by what other particular services , and what de veteri & novo feoffamento , and caused those certificates to be truly recorded in the court of exchequer , in a particular book , called the red-book , which either as to its original , or several exact and authentick copies thereof , as sir william dugdale hath assured me , were not burnt or lost in the dreadful fire of london in anno . and those tenures and engagements of those tenants , were so heedfully taken care of , as our kings ever since the raign of king john , had escheators in every county , ( the lord mayor of london being alwayes therein the kings escheator ) who amongst other particular charges and cares appertaining to their offices , have been yearly appointed to look after them ; and the bishops , earls , and barons especially , since the constitution and election of the court of wards and liveries by king henry the eighth , were not without their feodaries in the several concernments of their private estates , as our kings had in every county , as to their more universal or greater ; which together with the respites of homages , which the lord treasurers officer of the remembrancer in the court of exchequer was to record , as appeareth by a statute or act of parliament made in the th . year of the raign of king james ; and our learned and loyal littleton , who was a justice of the court of common-pleas in the th . year of king edward the fourth , with the allowance of sir edward coke his justly adoring commentator , hath taught us , that tenures in capite do draw and bring along with them , as incidents thereunto , homage which is the most humble and honourable service and reverence that a tenant can do unto his lord ; when upon his knees with his sword ungirt , and his head uncovered , holding his hands between the hands of his lord , he sweareth and professeth to be his man of life and limb and earthly worship , and to bear him faith for the lands and tenements , which he holdeth of him , saving the faith which he holdeth to his soveraign lord the king , together with fealty , service in war , or instead thereof escuage , socage , franck almoigne , homage auncestrel , grand serjeanty , petit serjeanty , tenures in burgage and villeinage ; and then the lord so sitting kisseth him : and where the service is not done by the tenant in capite , or by knight-service in person , the escuage money or fine , that is to be paid in recompence thereof , is to be assessed by parliament ; and if any controversy do arise , whether the service were done personally or not , it shall be tryed saith littleton by the certificate of the marshal of the king in writing . and tenant , saith sir edward coke , is derived from the word tenere , and all the lands in england in the hands of subjects are holden of the king immediately or mediately ; for in the law of england we have not properly any alodium , that is , any subjects lands that are not holden , unless ( saith he ) you will take allodium for a tenant in fee simple , as it is often taken in the book of dooms-day ; and tenants in fee simple are there called alodii or alodiales , and he is called a tenant , because he holdeth his lands of some superior lord by some service ; and therefore the king in this sence cannot be said to be a tenant , because he hath no superior but god almighty , and praedium domini regis est directum dominium , cujus nullus est author nisi deus . and alodiarius & alode seu alodium , saith sir henry spelman , est praedium liberum nulli servituti obnoxium ( but were never so free as to be no subjects , or exempt from obedience to our kings , in whose land and dominion they lived ) ideoque feudo oppositum , quod hoc semper alicui subiacet servituti , feuda enim antiquò dicuntur servitii & fidelitatis gratia , proprietate feudi penes dantem remanente , & usu fructu tantummodo in accipientem transeunte , ut ex c. de feud . cogn ' collegit barat ca ' . quamobrem nec vendi olim poterant invito domino , nec ad haeredes vassalli transiunt , nisi de ipsis nominatim dictum esset , sed & laesa fidelitate adimerentur , dicitur à saxon ' leod , quasi populare dicitur alodium ab à privitiva & leed gallicè leud pro vassallo , quasi sine vassallagio & sine onere , quod angli hodie load appellant , alodium feudo opponitur in antiqua versione ll canuti ca ' . ubi sax ' bocland dicitur , quod in aluredi ll ca ' . tota haereditas vocatur , & idem esse videtur quod hodiè fee simple . dicitur etiam alodium terra libera quam quis à nemine tenet nec recognoscit , licet sit in alieno districtu & jurisdictione , ita quod solum est sub domino districtus , quoad protectionem & jurisdictionem . and believes the aloarii mentioned in dooms-day book do signify no more , than our sockmanni or socage tenants , cum germanis liberos & gallis nobiles , qui militiam ex arbitrio tractantes nullius domini imperio evocati , nulloque sendali gravamine coerciti , sui juris homines non feudales , seil qui dominium tamen agnoscerent ( ut locus ille e domesday citatus plane evincit ) & qui fidelitatem apud nos jurarent censum quantulumcunque augebunt , si●t etiam qui de nomine eos ten●isse asserunt , ac si hunnoniorum more , adeo & sole suum accepissent patrimonium . and du fresue etymologizing the word alodiarias saith , it is praedium etiam domino obnoxium possidet tenens domesday , quando moritur alodiarius rex inde habet alleniationem terrae ( a releife ) excepta terra sanctae trinitatis , gulielmus gemeticensis lib. . ca. . abbatique locum cum tota villa quam ab alodiariis auro redemit , thomas walsinghamus , p. . et in definitione alodialis , which he saith is idem quod tenens , mentioneth chartam gulielmi ducis normanniae p. . in monasticon anglicanum tom. . p. . dedi etiam ecclesiam radulphi villae & umon allodialem in ipsa villa , & dedi quoque unum allodialem in amundevilla quietam ab omni consuetudine . bignenius dicit , quod significat haereditatem & paternam terram , et dominicus de prorogat ' allodiorum dictum oppinatur , quasi alo leuden , id est , sine subjectione , a voce leuden quae germanis pa●i subire fignificat , sicut & subjectionem & servitium ; spelmannus derivat a leod populare saxonice , ita ut aleod sit idem quod praedium populare oppositum feudo , quod est praedium dominicale ; and the learned du fresne , amongst the various opinions mustred up by him , concludeth with a deniquè plerique è doctioribus existimant vocem esse primogeniam gallicam vel francicam quae praedium ac rem proprietario jure possessum denotat . feudum novum absque domini concensu alienatum revocari potest a domino , decis . . feudum in dubio praesumitur esse haereditarium , & non ex pacto & providentia , decis . . n. . feudum antiquum absque concensu domini alienatum ex communi d. l. sententia a filio revocari potest . n. . and the tenures in capite , and by knight-service , were of so high an esteem and value amongst the english , whereby to do unto their kings and country that honor and service , which was due , and might be expected from them , in their several degrees and stations , as the great lords and other men of note did many times purchase or obtain of each other , the homages and servitia of so many men , or parts of knights fees by deeds or charters ; and so much beyond any money or other kinds of estate , lands , or offices , as robert earl of leicester's ancestor , having at the coronation of king john agreed to pay unto roger bigot earl of norfolk's ancestor , ten knight's fees for the purchase of that great office of high steward of england , of which seven and an half were paid , and a controversy arising afterwards betwixt the said earls , for the satisfaction of the remainder , in the st . year of the raign of king henry the third , the king undertaking to make an accord betwixt them , adjudged simon montfort ( who afterwards ill requited him ) to have and execute the said office of high steward ; and that roger bigot earl of norfolk ( who afterwards joyned in the rebellion with montfort against him ) should bring his action for the other two knight's fees and an half . from which most necessary and excellent feudal laws , have proceeded those grand honors fixed and appurtenant to our ancient monarchy of england , in our kings and princes grant to several great families in england , in fee or fee-tayl , as to be constable of england , earl marshal of england , lord steward of england , lord great chamberlain of england , chamberlain of the queens of england die coronationis suae , butler to our kings at their coronations , &c. and likewise the statute de donis or entailes , the neglect whereof , in leaving all the ruined families of the nobility , gentry , and better sort of the english nation to feigned recoveries , introduced about the raign of king edward the fourth , by an unhappy and unjust trick of law , to make the losers believe that they shall recover the value of their lands so lost , amounting in the whole unto the greatest part of all the lands in england , of the bagbearer of the court of common-pleas , who in the conclusion is only vouchee to warrants , and to make it good out of his own land , and by the small fees and profits of his office , was never yet known to inherit , or to have been a purchaser of ten acres of land , yet walks about and is never molested or called to account for those vast sums of money , or his land ( if he ever had or was re vera intended to have had any ) was to be liable by his being a common vouchee in all the common recoveries which are suffered in that court. it being in those more obedient and loyal times esteemed no small honour to serve our kings , or hold lands by such a kind of tenure , as it may be believed to have occasioned that adage or common saying in england , before the ever to be lamented taking away of tenures in capite , and by knight-service and pourveyance , no fishing to the sea , no service to the king ; and those royal services , affixed unto lands and territories , have been so immutable amongst other our neighbor nations , as in the aurea bulla , fastned upon the empire of germany , about the th . year of the raign of our king edward the third , the three spiritual electors , viz. the arch-bishops of mentz , cologne , and triers or trevers , do hold their lands and territories by their several tenures , of being arch-chancellors , the first of germany , the second of italy , and the third of france ; the king of bohemia to be archipincerna , duke of bavaria or count palatine of the rhine archidapifer , duke of saxony archimariscallus , duke or marquess of brandenburgh archicamerarius , of that empire , and might be with or amongst them exampled from our pattern , which was long before ; as also from the scots , who have to this day some of the like official dignities annexed to their lands and estates , and as in the raign of our king henry the first , count tankervile was , by inheritance and tenure of his lands , chamberlain of normandy . and although not so ancient as the customs of the patroni and clientes , in the beginning of the flourishing of the vast roman empire , which was so greatly advantageous both unto the greater and lesser part of the people , the patroni in their popularities and ambitions to gain and please them in their way of advancements to annual magistracies , not seldom exercising their eloquence in pleading their causes or suits in law , before the lawyers had for another kind of advantages by the gratifications of fees and rewards , made it to be the greatest part of their profession , which before were principally employed upon seldom occasions in matters of difficulty , in jurisconsults and decisions ; some of the more eminent sorts of them having , about the raign of the emperor augustus caesar , obtained licenses of him ad respondendum ; yet after the irruption of the goths , vandals , longobards , and hunnes , with other northern nations into that empire , they found it to be more beneficial , to do as the germans , and many other northern nations have done , to be feudalists , and to have lands given unto them and their heirs , to hold by service of war , and other necessaries under those grand obligations of interests , oaths , gratitude , homage , and fealty , which proved to be better more certain and beneficial , both for the patroni and clientes , the poorer sort of the people alwayes or very often wanting the aid and protection of the greater , from wrongs and oppressions like to be put upon them . and the patroni and greater , procuring to themselves thereby a more constant observance of duty , honour , and additions to their former grandeur , the greater and lesser thereby mutually supporting and assisting each other , which in the consequence was ( as it did ) likely to prove much better , than the charge and trouble the patroni were used to be ; as in the frequent courting and humoring of the common people with their costly epulae's and ludi's , not only to gain their own preferments in their annual poursuites of offices of magistracy , but to keep the popular votings from mutiny , and ruining them as much as themselves . and howsoever that they with us in england , by a great infelicity to our languishing monarchical government , after an horrid rebellion and murder of our late king , anno. . car. . by an act of parliament made upon his now majesties happy restoration for the taking away the court of wards and liveries , tenures in capite and by knight service , and pourveyance , and for settling a revenue upon his majesty in lieu of a great part of the lands of england and wales , which the rebels besides their great estates had forfeited unto him , which they were willing to retain to themselves , and thank him as fast as they could with a more detestable rebellion , the praeamble mentioning most unfortunately , for want of a right information and understanding thereof , that the said court of wards and liveries , tenures by knight service in capite , holden of the king or others , and socage in capite , have been by consequence more praejudicial , then beneficial to the kingdome , ( as if the nerves and ligaments of the crown of england , and the ancient support and defence of the honour and glory thereof , for more then one thousand years , could any way deserve to be so charactered ) and that after the intromission of the said court , which hath been since the th . day of february . ( when the divel and his reformation had made a large progress in the chasing religion out of the kingdom , and washing over in blood the blessed martyr king charles the first , kingdomes of england , scotland , and ireland ) many persons could not by their will or otherwise dispose of their lands by knight service ; whereby many questions might possibly arise , unless some seasonable remedy be taken to prevent the same : our soveraign lord by the assent of the lords and commons in parliament assembled , and by the authority of the same did enact the taking away of the said court of wards and liveries with other the premises , and all tenures of any lands , holden of the king or any others , shall be turned into free and common socage , and be discharged of all homage , escuage , voiages , royal wardships and aide , pour file marier & pour faire fitz chivaler livery & ouster le maine , all statutes repealed concerning the same , all tenures hereafter to be created by the king his heirs or successors shall be in free and common socage , provided that that act extend not to take away rents certain , herriots or suits of court belong ing to any other tenures taken away or altered by that act , or other services incident to common socage , or any releifes due and payable in cases of free and common socage , or of any fines for alienations holden of the king , by any particular customes of lands and places , other then of lands holden immediately of the king in capite . nor extend unto any tenures in franck almoigne , or by copy of court roll , honorary services by grand serjeanty , other then what are before dissolved or taken away ; provided that this act , nor any thing therein contained , shall infringe or hurt any title of honour , feodal or other , by which any person hath or may have right to sit in the lords house in parliament , as to his or their title of honour or sitting in parliament , and the priviledges belonging to them as peers . and that that act extend not to any the rights and priviledges of his majesty in his tynn mines in cornewal . in recompence whereof the king shall have the excise of ale , beer , perry and syder , strong and distilled waters setled by that or some other act of parliament , touching the excise , upon the king during his life , and a moyety only after his death to his heirs and successors . and are by sir henry spelman said to be non solùm jure positivo , sed & gentium , & quodammodo naturae , not only by positive , but the laws of nations and nature . especially when it was not to arise from any compulsory , l incertain way , or involuntary contribution , or out of any personal or movable estate , ( cases of relief only excepted , ) but to fix and go along with the lands , as an easy and beneficial obligation and perpetuity upon it ; and was so incorporate and inherent , as it was upon the matter a co-existence or being with it ; glanvil , and bracton being of opinion with the emperour justiniam , that the king must have armes as well as laws to govern by , and not depend ex aliorum arbitrio ; and therefore the prelates , earles , and commonalty of the realm did in a parliament in the th . year of the raign of king edward the st . declare it to be necessarily belonging unto him , and to none other ; judge hutton in his argument in the case of the shipmony in the raign of king charles the martyr , and diverse other learned judges and lawyers have declared tenures in capite , and by knight service , to be so inseparable from the crown , as not to be aliened or dissolved by any act or authority of parliament . some of whom could not forget , that a design having been presented and offered unto king james ( when the scots had by their importunityes much enfeebled the royal revenue ) by some , who neither understood our fundamental laws or the constitution of our government , and having considerable estates in the county of york , and bishoprick of durham , and being members of the house of commons in parliament , and mischievous enough in the long rebellious parliament , a revenue of two hundred thousand pound per annum to dissolve his courts of wards and liveries , and release his tenures in capite , and by knights service ; and the king liked so well of those hopes of augmenting his overwasted revenue , as he , with promises of great rewards to the designers , ordered a table to be purposely kept at white-hall for them , untill they had brought their undertakings to perfection ; unto which the reverend judges being summoned by the king to deliberate and give their opinions , could find neither law or right reason for the taking away of those tenures with their incidents , even by an act of parliament ; insomuch as the design and table were laid down , and no more thought of , until the unhappy fate and misery of forsaking and destroying fundamentals , did so drive it on afterwards as it hath done , by our abandoning the old ways and the truths thereof into those very many misfortunes , which it hath brought us into already , and will more and more into the prophet jeremiah's lamentations . and so greatly resembled that very antient way of the great councels or parliaments in france , drawn and derived from their ancestors the francks , and other their northern progenitors in and of that kingdom , long before there inhabiting , until the miseries brought by the english conquests , and their own divisions , upon that people by those warrs , and their seeking in the interim to govern their kings , and domineer over them in the midst of their troubles , necessities , and disabilities to protect them , had constrained some of their after kings , as lewis the th . one of their kings to find the way to govern so arbitrarily , as they have since done with a continual so limited parliament , as it signifieth little more than an extraordinary court of justice , and verify the edicts of his prerogative power with a car tel est nostre plaisir ; insomuch as those kind of tenures and beneficial mutualites , might not improbably have been here introduced by the saxons , from one and the same or a like radix , or original , before the normans atcheivements and acquests , either here or in france , or by what they had learned or practised of the feudal laws in the empire , or after the normans had brought england ( their long before compatriots ) into subjection ; and in the reigns of some of their after kings continued masters of normandy , aniou , aquitaine , mayne , and poicteau , and of so many other great parts and provinces of the french dominions , as in process of time they gained a full possession of the residue , and in a short time after lost them all by our own domestick ambitions , and discords . so as one egg of the same kind , cannot commonly be more like in it's external form and likeness , to an other , then the antient and ever-to-be-approved method of our and their former great councels or parliaments were . wherein may warrantably , without any suspicion of an arbitrary government , be vouched and called the learned sieur du fresne , a man of vast reading and litterature , and not only learned in all the roman and northern antiquities , but in our old english saxon laws , and the allowed classical and veritable authors , and writers of our nation , and to whom the learned works of our glanvil , bracton , littleton , fortescue , coke , stamford , spelman , and selden were no strangers , when in his glossary , or comment upon the word pares , he represents unto us the figure or lively picture of our own ancient customes and usages in our great councels or parliaments , in these his words or annotations . pares dicuntur , qui ejusdem sunt conditionis vel dignitatis . in charta grodegangi episcopi metensis apud meurisium . p. . it is said , ego grodigangus un● cum voluntate illustrissimi pipini inclyti francorum regis avunculi mei , & cum consensu omnium parium nostrorum , episcoporum , abbatum , presbyterorum , diaconorum , subdiaconorum , vel omnis cleri , seu & hominibus sancti stephani metensis ecclesiae cogitavi casion humanae fragilitatis &c. apud baldricum noviocomensem compares sunt pares feudales , & in legibus henrici primi regis angliae . ca. . et exinde appellati unius domini convassalli quod ratione hominij & tenurae sibi invicem pares sunt , qui domino subsunt , à quibus soli judicari poterant , nam convassalli diversarum baroniarum seu territoriorum eidem domino subjecti , non dicuntur propriè pares , à paritate igitur conditionis & dignitatis appellatio illa profluxit . exploditur virorum doctissimorum sententia , quòd pares deriva●tur à patritijs francicijs tenebantur pares judicijs dominicis interesse , judicumque munere fungebantur , & ad id astringebantur feudorum suorum obligatione . quod si legittimam excusationem haberent , quò minùs possent judicijs dominicis interesse tenebantur eo casu , paris sibi conditionis vicarios submittere , qui eorum locum tenerent in ijsdem judicijs . dignitas autem regia , ducatus , marchio , comitatus , non dicitur propriè eò quòd duces , marchiones , & comites regibus sint pares , sed partim quòd à rege proximè descendit . parium autem judicia in ipsos pares & convassallos exercebantur , adeò ut si aliquis oriretur sententia inter ipsos pares dirimi non possit , nisi in conventu & judicio parium suorum , domino ipso feudali praesidente . in parium consessu judicia ab ijs in dominum non exercebantur , quippe ils ne sont mis appeller pers pour ce qu'il soient per a lui , mais pers sont entre eux ensemble . parium judicia inter pares seu convassallos tantùm exercebantur . neque pares duntaxat per pares seu convassallos ad judicium subeundum summonebantur , sed & actiones caeterae omnes judiciae per pares peragebantur . cùm igitur pares sint vassalli , qui à domino feudali nudè pendent ratione tenurae , atque ita etiam vulgò appellati sunt barones , ideò vox utraque eadem notione passim usurpata legitur , pro majoris dignitatis vassallo qui vel in consilium adhibentur à domino aut rege . that which was mentioned by ingulfus , to have been in use amongst the monks , in the abby of croyland , being in the raign of william rufus . and as to the court barons of the mesne lords , derived from their superiour , saith du fresne , parium judicijs non modo intererat dominus , vel ejus ballivus , sed etiam in rebus arduis concilium expetebat , ità ut conciliariorum domini feudalis vicem fungerentur . in quibusdam tamen locis , ut in comitatu bellovensi , le seigneurs o ne jugent pas en les cors , mes les homes jugent , & in locis ubi cum paribus suis considet ejusmodi judiciis interesse non posse , si litem vel controversiam habet cum paribus . pariae ex hispanico parias feudales redditus honores homagia . and we might as well borrow from them the word parliament , which du fresne hath told us , was made use of by lewis the th . king of france in the year . which was in the th . year or th . of our king henry the d. , nineteen or twenty years before it was found , that the word parliament was used in any of our publick records , in the antient and former ages , in all the latter in our king's writs of summons to their parliaments ( except some few by inadvertency ) giving it no other title than confilium or colloquium . and du fresne , after his learned comments upon the word baronia , and the antient usages thereof in england , saith , that our bishops had their regalia , seu majora dominia episcoporum ac praelatorum , quae à regibus in feudum tenentur ; and the laws of our king henry the st . as our gervasius dorobernensis reporteth , do allow that archiepiscopi & episcopi habeant possessiones suas de domino rege , sicut baroniam , & inde respondent ministris & justitiae regis , & id etiam obtinuit ( saith du fresne ) in francia , ut regalia episcoporum & ecclesiarum baroniae dicerentur : and he citeth very antient authorities out of the french authors , records , and registers of their parliaments , mentioning an arrest or judgment thereupon given in the year . which was in the th . year of the raign of our king edward the first ; and that long before , viz. in the year of grace . which was in the th . year of the raign of our king henry the third , t 〈…〉 〈◊〉 bar●●ia ecclesiae lugdinensis , nam non modo propriè regali● , 〈◊〉 〈◊〉 barones servitiis omnibus feudalibus obnoxii erant , sed ●●iam in comitiis publicis seu parliamentis s●dere jus iis erat , cujus p apud nostros usus infinita praestant exempla apud tullium & alios , in angliam vero episcopos in parliamentis publicis eo nomine locum & sedem habere constat . and that barones eleemosynarii apud stanfordum , & in jure anglicano dicuntur archi-episcopi , episcopi , abbates , & priores , qui praedia sua ecclesiae à rège tenent per baroniam , baronias en●m suas ex eleemosynis regum perhibentur accepisse , licet ipsa praedia 〈…〉 rum saepè mun●ficentia consecuti fuerint , quomodo etiam apud nos regalia ecclesiarum censentur esse ex sola regia liberalitate iis olim concessa . and amongst our english bishopricks , besides those of oxford , bristol , and gloucester , which our king henry the fighth erected and endowed , the bishoprick of lincoln had many mannors and lands granted by or in the time of king henry the first not in eleemosinam , and that of durham by king richard the first , and great possessions afterwards gained and laid unto it by anthony beke a bishop of that see , in the raign of our king henry the third , or king edward the first . and quaestio agitata fuit ( saith that learned sieur du fresne ) an supremi palatii francici officiales possunt q parium franciae judiciis interesse , & cum iis consedere in judiciis in lite mota inter joannam comitissam flandriae , & johannem de nigello , wherein by an arrest of the parliament of paris in the year one thousand two hundred and twenty four , which was in the eighth year of the raign of our king henry the third , it was adjudged , that the cancellarius , buticularius , camerarius , constabularius , franciae , & marescalli hospitii domini regis debent ad usus & consu●●●dines observatas interesse cum paribus ad judicandum pares , ut quod ministeriales praedicti de hospitio domini regis debent interesse in curiâ domini regis cum paribus franciae ad judicandum pares , & tunc praedicti ministeriales judicaverant praedictam comitissam flandriae cum paribus franciae . wherein our ancestors , without any arrest or decree of parliament , did rather give than take the pattern , when their bishops , as chancellors of our kings , very often and in a continued series from the raign of king edward the confessor , who was not without his r reinbaldus regiae dignitatis , vice-c●ncellarius , when maurice bishop of london was chancellor to william the conqueror in the first year of his raign , and other bishops have in that high and great office severally from thence succeeded unto the th . of edward the first , and not a few of the other bishops have been treasurers and secretaries of state , and by that right alone , besides their spiritual rights , and temporal baronies , did sit as peers in that great assembly , together with the lord privy-seal , constable , marshal , and great chamberlain of england , lord steward , chamberlain of the houshold , with the dukes , marquesses , earls , viscounts , and barons of england , which do illustrate that greatest of our kings councels , attended with such of the judges , and other assistants , as their soveraigns shall be pleased to call or permit to sit therein . neither could those grand officers claim a right to be accounted by them or any others equal , or co-ordinate with them or their superiours , or to have any vote in the house of peers in parliament , by their sitting there , it being in the act of parliament made in the st . year of the raign of king henry the eighth , entituled , how. the lords in parliament shall be placed , wherein it being expressed , that it appertained to his prer●gative royal , to give such honor , reputation , and place to his c●uncellors and other his subjects , as shall be seeming to his excellent wisdome . it was specially mentioned , that the lord chancellor , lord treasurer , lord president of the king's councel , lord privy-seal , or chief secretary , that shall be under the degree of a baron of the parliament , are to give no assent or dissent in the parliament . and it is likewise remarkable , that in the title of that act of parliament , and all along and thorough the body thereof , the house of peers is only stiled the parliament , and no mention is therein at all made of the house of commons in parliament , nor any care or order taken for their degrees or sitting in parliament . neither do any of our parliament rolls , records , or authentick ancient historians mention , that our kings were in those their great councels limited , or accustomed to call all their barons thereunto . nor until the latter end of the raign of king richard the second , had voluntarily obliged themselves to summon thither the dukes , marquesses , earls , and viscounts , unto those their great councels . and when it hath been truly said , that omne majus continet in se minus , it will not be easy to believe , that the minus doth or should continere in se majus . for in anno edward the first , there were but sixty-three earls and barons summoned , and in the same year upon another summons , but . king edward the second did not summon all the earls and barons . in the e. . the s like . m. e. . r. . & r. . the like . king edward the d. in the th . year of his raign , summoned but five earls , and eleven barons . in the th e. . the t parliament writs of summons were directed but unto fourteen of the temporal barons , with a memorandum entred , that brevia istis magnatibus immediatè praescriptis directa essendi ad parliamentum praedictum remissa fuerint concilio regis pro eò quòd quidam ex eis in partibus scotiae & quidam ex eis in partibus transmarinis existant adnullanda . e. . there were summoned but of all sorts . e. . but a very few . e. . u but . e. . but thirteen earls and barons , and not many to diverse parliaments after , ( the great commune & generale concilium , rightly understood , being but synonyma's of the word parliament ) and of latter times they which were in the king's displeasure have had their summons , but with a letter from the lord chancellour or lord keeper commanded not to come , but to send a proxy . in anno e. . and diverse years in the raign of king henry the th . few earls and barons were summoned , for that many of them were then busied in the warrs of france . but in the parliament in the raign of king charles the martyr , john earl of bristol being denyed his writ , petitioned to the house of peers for it ; whereupon he had it without any intercession of the house of peers , but withal a letter from the lord keeper , signifying his majesties pleasure , that he should send his proxy , and forbear to come ; whereupon he petitioned the parliament again , shewing , that that letter could not discharge him from coming , for that the writ commanded him to come upon his allegiance ; but that point was not then debated , for the said earl was presently sent for as a delinquent , and charged with high treason , the majores barones being men of the best estate , extraction , and abilities , and better sort of the tenants in capite , by antient law and custome of the kingdom , being to be only summoned according to the very old custome of the romans , probably learnt from thence , w who , as sigonius writes , did in legen●o senatores make choise of them according to their birth , age , estate , and magistracy well exercised and performed . and could be no less then well warranted by a constant , well experimented , long approved and applauded usage thereof for more than fourteen hundred years , attested by the industrious labours of mr. william pryn and others ; and for the times before the conquest , and the learned collections of sir robert filmer , and others since the norman invasion , fortified by such records ( which in themselves are never found to lie ) as the teeth of devouring time hath left us , seconded by unquestionable , antient , authentick , classical authors , which might silence those disputes factious and foolish opinions and cavils , which in the latter part of this last unquiet century or age have been stirred up against that very antient and honourable assembly or house of peers , which all the former ages neither durst or did lift an hand or heel against , or so much as maligne or bark at : so greatly are our most degenerate , wickedly hypocritical , worser times altered from what they were or should be ; and the only recital of whose long and antient successions , through their so many several gradations , may abundantly satisfie any that are not before so prepossessed , as to resolve never to be satisfied with any thing that looks but like truth or reason , if they shall but read as they ought to do the ensuing series or catalogue : wherein they may find , that in the bud or blossom of christianity in this our british isle , whither with divers good authors we believe that king lucius , who is said to lie buried at winchester , did in the year , after the birth of our redeemer , or in the year , , or . write his letter to pope eleutherius to transmit unto him the roman laws , it is allowed by sir henry spelman to have been written rege & proceribus regni britanniae , and that faganus and dervianus two doctors being sent by eleutherius to king lucius baptized him , & cum regulis populum baptizant , clerum ordidinant , . metropolitanos & . episcopos instituunt . rex ambrosius aurelius ut memoriale procerum britanniae , quos hengistus saxonesque sui complices nefanda proditione in monte ambrosij ( qui nunc vulgò stohenge dicitur ) trucidaverant . consul ' & barones aeternum fieret praegrandes lapides , qui ibidem in borum memoriam usque in praesens positi sunt ab hybernia cum magna manu germano y suo uther illuc transmisso deportari fecit , qui c●●n allati fuissent congregati sunt in monte ambrosij edicto regis magnates eum clero & cum magno honore dictorum nobilium sepulturam prepararent . in the charter of king aethelbert confirming his grant of the land given to the church of st. pancrase in the year . it is z mentioned to have been done , consensu venerabilis augustini archiepiscopi ac principum suorum . et decreta judiciorum ordinavit juxta exempla romanorum concilio sapientum ; and when edwin king of northumberland was perswaded to be a christian , it is said , that he consulted cum principibus & conciliariis suis. anno dominicae incarnationis aethelbertus rex in fide roboratus catholica unà cum beata regina filioque ipsorumque eadbaldo ac reverendissimo praesule augustino caeterisque optimatibus terrae solemnitatem natalis domini celebravit cantuariae convocato igitur ibidem communi concilio tàm cleri quàm populi . in anno domini . a parliamentary councel was holden at hertford presentibus episcopis ac regibus & magnatibus universis , but not any knights , citizens , burgesses or commons , as we read of , saith mr. pryn. a great councel or parliament was held at becanfeld , where wythred king of kent was present . anno . in like manner , where none but the peers were present . the like anno . at worcester ; but without any commons . the like in the councel at cliff. anno . holden by ethelbaldus king of mercia , omnibus regni sui principibus & ducibus being present , but not one knight or burgess mentioned . the like in anno . at colchuth coram offa rege & suis magnatibus , & convenerunt omnes principes tàm ecclesiastici quàm seculares . anno domini . king offa held a councel at verulam , wherein the king suorum magnatum acquiescens concilio took a journey to rome . anno . after his return celebrated two councels , the one at colchyth , where were present nine kings , twenty-five bishops , twenty dukes , ( but no house of commons ) the other at verolam , congregato apud verolamium episcoporum & optimatum concilio . about the year . cynewolf king of west sex held a councel where he wrote to lullus bishop of mentz touching matters of religion unà cum episcopis suis nec non cum caterva satraparum . anno . kenulf king of mercia called to the councel at clovesha , omnes regni sui episcopos , duces & abbates , & cujuscunque dignitatis viros , where there was no mention of any commons . anno . at the councel of colechyth caenulf king of mercia was present cum suis principibus , ducibus & optimatibus ; but not a syllable of knights or burgesses present . about the year . in the councel of clovesh● , where beornulf king of mercia , wilfred archbishop , omniumque dignltatum optimates ecclesiasticarum & secularium were present , but no knights of counties or burgesses . anno . another councel was held by the same king at the same place assidentibus episcopis , abbatibus & principibus merciorum universis , but no commons for ought appears ; the king , archbishops , bishops and dukes subscribing their names to the decrees there made . about the same time a councel called pan-anglicum , or for all england was holden at london , praesentibus egberto rege west saxonum & withlasio rege merciorum , utroque archiepiscopo , caeterisque angliae magnatibus , who subscribed it . anno domini c . a concilium pan-anglicum was holden at kingston , where king egbert and his son ethelwolph were present cum episcopis & optimatibus , but not a word mentioned of the commons assent or dissent . anno . a councel was holden at beningdon praelatis & proceribus regni merciae under king bertulf , when lands were setled and confirmed by them to the abbey of crowland , without the assent or mention of any commons . anno domini . in a councel held at kingsbury , under king bertulf , praesentibus ceolnotho archiepiscopo doroberniae caeterisque regni merciae episcopis & magnatibus without knights or burgesses . anno . there was a councel or parliament of all england held at winchester , where ethelulf king of west-sex , beorred king of mercia , and edmond king of east-sex , were present , together with the arch-bishops of canterbury and york , caeterisque angliae episcopis & magnatibus , wherein king ethelwolf omnium praelatorum & principum suorum gratuito concilio ( without any knights or burgesses ) gave the tithes of all the lands and goods within his dominions ( a matter of no small concernment to all his subjects in their estates and proprieties ) to god and the church , which hath continued ever since in force through all england . betwixt the year . which was the beginning of king alureds raign , and the end of which was in anno christi domini . that excellent and prudent prince collected and corrected divers laws made by the saxon kings , his predecessors omitting others consulto sapientum & prudentissimorume suis consiliis usus edicit eorum observationem , which was probably so done in a great councel or councels , which were afterwards called parliaments , which in that so generally an unlearned age cannot be understood to be less than the magnates of the kingdom , bishops and barons . and the like is to be said of the prudentum concilium given to edoard who began his reign in anno . and ended it in anno , and as much is to be believed of the councel or parliament of king aethelstan , who began his raign in anno , and ended it in the year . who besides what is mentioned in the making of his laws , that he did it prudenti ulfheline archiepiscopi aliorumque episcoporum suorum concilio , did about the year of our lord , . by his charter give divers lands to the abby of malmesbury ; in one of which charters or grants there was a postscript or subscription in these words , sciant sapientes regionis nostrae non has prefatas terras me injustè rapuisse rapinas deo dedisse , sed sic eas accepi quemadmodum judicaverunt omnes optimates regni anglorum , to wit , in a full parliament , which then consisted only of the king and his nobility . anno domini . king edmond granted many large liberties and the mannor of glastonbury to the abby thereof cum concilio & consensu optimatum suorum ( made it seems saith mr. pryns in parliament , and a clear evidence that the nobles of that age were the kings great councel and parliament ) without any knights , citizens or burgesses , of which he found no mention in history or charters . anno . there was a parliament or councel holden at london , under king edred cùm universi magnates angliae per regium edictum summoniti tàm archiepiscopi episcopi & abbates quàm caeteri totius angliae proceres & optimates londini convenissent ad tractandum de negotiis publicis totius regni , in which parliament no knights , citizens or burgesses are said to have been present . anno , or . king edgar with his mother clito his successor , the king of scots , both the archbishops caeterisque episcopis & omnibus regni proceribus subscribed his charter granted to the abby of glastonbury communi episcoporum , abbatum , primorumque concilio generali assensu pontificum abbatum optimatum suorum & concilio omnium primatum suorum , without any commons present ( assistants and attendants only excepted . ) anno . king edgar and his queen , elferus prince of mercia , ethelinus duke of the east-angles , elfwold his kinsman , arch-bishop dunstan cum caeteris episcopis & abbatibus , bricknotho comite cum nobilitate totius regni held a councel at winchester without any commons . anno . in the councel of calne under king edward omnes anglorum optimates were present , together with the bishops and clergy , but no knights or burgesses for ought is recorded . anno christi . by king ethelreds edict , universi anglorum optimates at eanham acciti sunt convenire , not the commons . a parliament was summoned by king edward the confessor , concerning earl godwyn at gloucester , where totius regni proceres , etiam northumbriae comites tunc famosissimi , sywardus , leofricus , omnisque anglorum nobilitas convenêre . et anno . at london , rex & omnes regni magnates ad parliamentum apud london tunc fuerunt , mr. pryn declaring his opinion , that the former and ancient parliaments consisted of our kings and their spiritual and temporal lords , without any knights , citizens , or burgesses , summoned to assist or advise with them , or to assent unto what they enacted or ordained . in the th . year of his raign granted lands and liberties to saint peters church at westminster , cum concilio & decreto archiepiscoporum episcoporum comitum aliorumque suorum optimatum . and from the conquest until that forced something like but not to be accounted a parliament , in the th . year of the raign of king henry the third , divers learned good authors , summae & incorruptae fidei , no diminishing or additional record-makers , have assured and given posterity and after ages such an exact account of our parliaments , as will leave no ground or foundation e of truth or reason for any to believe , that an elected part of the commons were before that imprisonment of king henry the third , in the th . year of his raign , made or summoned to be a part of our english great councels or parliaments . the charter of william the conqueror to the abby of battel was made assensu lanfranci archiepiscopi cantuariensis , stigandi episcopi cicestrensis , & concilio etiam episcoporum & baronum suorum . and that great conqueror had in the th . year of his raign , concilium baronum suorum & confirmavit leges edwardi confessoris , posteaque decreta sua cum principibus constituit . in the th . or th . year of his raign episcopi , comites & barones regni regiâ potestate ad universalem synodum pro causis audiendis & tractandis convocati fuerunt . separated the courts temporal from the spiritual and ecclesiastical , communi concilio & concilio archiepiscoporum suorum & caeterorum episcoporum abbatum & omnium regni sui ; and in the register of winchelsey arch-bishop of canterbury , it is recorded , that rex angliae ( gulielmus conquestor ) in concilio archiepiscoporum abbatum & omnium procerum regni , did forbid the leges episcopales to be used in any hundred or other secular courts . and in the st . year of the raign of king edward the third , mr. selden saith , there is mention made of a great councel holden under the said king william , wherein all the bishops of the land , earls and barons , made an ordinance touching the exemption of the abby of bury , from the bishops of norwich . in that great and notable pleading for three dayes together at pynnendon in kent , in the raign of king william the conqueror , who ( as mr. selden repeats it out of the leiger book , or register of the church of rochester ) anglorum regnum armis conquisivit & suis ditionibus subiugavit , in the great controversy betwixt lanfranc arch-bishop of canterbury , and odo bishop of baieux and earl of kent , the conquerors half brother , for many great mannors , lands , and liberties of a great yearly value , which lanfranc claimed to appertain to his arch-bishoprick , of which that potent norman bishop and earl had injustly disseized him ; the king commanded the whole county without any delay to assemble together , as well french as english , and more especially such as were well skilled and learned in the ancient laws and customs of england , as gosfridus episcopus constantiensis , qui in loco regis fuit & justitiam illam tenuit , elnothus episcopus de rovercestria , aegelricus episcopus de cicestria , vir antiquissimus & legum terrae sapientissimus ( qui ex praecepto regis advectus suit ad ipsas antiquas legum consuetudines discutiendas & edocendas in una quadrigâ ) ricardus de tonebregge , hugo de monte forti , gulielmus de acres haymo vicecomes , & alij multi barones regis & ipsius archiepiscopi & aliorum episcoporum homines multi , whose decisions made by many witnesses , evidences , and reasons , being certified to the king laudavit laudans cum consensu omnium principum suorum confirmavit , & ut deinceps perseveraret firmitèr praecepit . upon a rebellion of rafe de guader a norman , made earl of norfolk by the conqueror , confederating with some discontented english , whilst he was absent in normandy , upon notice thereof given , hasted into england , where omnes ad curiam suam regni proceres convocavit legitimos heroes & in fide probatos . unto which may be added , that in the agreement betwixt king william h rufus , and robert duke of normandy his elder brother , touching his claim to the kingdom of england ( being of great concern to the people ) wherein the king assured to the duke all that he could claim from his father except england , it is said , pactum juramento confirmârunt duodecim principes nomine regis , and . barones nomine ducis . in the d . year of king william the second , there was a great i councel de cunctis regni principibus , and another which had all the peers of the kingdom . in the th . year of his raign was a great councel , or parliament so called , at rockingham castle in northamptonshire , episcopis abbatibus cunctisque regni principibus coeuntibus ; and a year or two after , the same king de statu regni acturus called thither by his command his bishops , abbots , and peers of the kingdom . anno . robert duke of normandy coming into england , k and seeking to be reconciled to his brother king henry the first , which could not at northampton be effected magnatibus regni ob hoc londonium edicto regis convocatis , the king by fair words and promises so frustrated the dukes designs , as omnium corda sibi inclinavit , ut pro ipso contra quemlibet usque ad capitis expositionem dimicarent , dux in normanniam iratus perrexit , & rex ipsum secutus est usque in herchebrai castellum , trahens secum omnes ferè proceres normanniae & andegaviae , robur angliae & britanniae , ut ipsum debellaret . the emperour having sent ambassadors unto him , to request his daughter maud in marriage , tenuit itàque rex apud westmonasterium in pentecosten curiam suam , quâ nunquam tenuerat splendidiorem , wherein the marriage was concluded . anno domini . rex anglorum henricus fecit omnes suae potestatis l magnates ( as if there were no need of commons , which were then believed to be included in them ) fidelitatem jurare willielmo filio suo . at the coronation of which king , who had usurped his said elder brothers kingdom , and stood in fear of his better title , it was said , that all the people of the kingdom of england were present , but the laws ( and charter ) then made were per commune concilium baronum suorum confirmed ; and that charter was attested by mauritio londoniensi episcopo , willielmo wintoniensi electo , odoardo herefordiensi episcopo , henrico comite , simone comite , waltero gifford comite , robert de monti forti , rogero bigod & aliis multis ; et factae sunt tot chartae quot sunt comitatus in anglia , & rege jubente positae in abbatiis singulorum comitatuum ad monumentum . in the d. year of his raign , the peers of the kingdome were called , without any mention of the commons ; and orders were at another great councel made consensu comitum & baronum . florentius wigorniensis saith , that lagam edwardi regis reddidit cum illis emendationibus quibus eam pater suus emendavit concilio baronum suorum . after whose death king stephen m having usurped the crown of england , which did not at all belong unto him , and fought stoutly to keep it , concilium congregavit & de statu reipublicae cum proceribus suis tractare studuit . anno domini justitiâ de caelo prospiciente diligentiâ theobaldi archiepiscopi cantuar ' & aliorum episcoporum regni , king stephen having no issue facta est concordia betwixt him and henry duke of normandy , after king henry the second , who was by king stephen acknowledged in conventu episcoporum & allorum optimatum , wherein it was accorded , that duke henry , saith mathew paris , should succeed him in the kingdom , stephen only enjoying it for his life , if he should have no children , ex concessione ducis henrici , ità tamen confirmata est pax , quòd ipse rex & episcopi praesentes cum caeteris optimatibus regni ( no commons ) jurarent , quòd dux post mortem regis si ipsum superviveret , regnum fine contradictione aliqua obtineret . king n henry the second , in the th . year of his raign , held a great councel or parliament at clarendon ( where some of the customes and constitutions of the kingdom were recognized ) which was an assembly only of prelates and peers . anno . in a peace or league made betwixt him and philip king of france , it was agreed , that in any matters of difference o afterwards ariseing betwixt them , they should abide by the award of three bishops , and three barons to be elected on the king of france his part , and the like on the king of englands . anno gratiae . venit oxenford & in generali concilio ibidem celebrato constituit johannem filium p suum regem in hybernia concessione & confirmatione alexandri summi pontificis , & in eodem concilio venerunt ad regem resus filius gryphini regulus de south-wales , & david filius owini regulus de north-wales , qui sororem ejusdem regis angliae in uxorem duxerat , & cadwallanus regulus de delmain , & owanus de kavillian , & griffinus de bromfeld , & madacus filius gerverog , & alii multi de nobilioribus gualliae , & omnes devenêrunt homines regis angliae patris , & fidelitatem ei contra omnes homines , & pacem sibi & regno servandam juraverunt . in eodem concilio dedit dominus rex angliae praedicto reso filio griffini terram de merionith , & david filio owani terram de ellismore . deditque hugoni de lasci , ut supradictum est , in hybernia totam midam cum-pertinentiis , pro servitio centum militum de ipso & johanne filio suo , & chartam suam ei inde fecit . and being to return an answer to the popes letter , inviting him to take upon him the croysado , q and succour the holy land , assembled a parliament at london , ubi dominus rex & patriarcha ( jerusalem ) episcopi , abbates , comites & barones angliae ( but no knights , citizens or burgesses thereof saith mr. pryn ) willielmus rex scotiae & david frater ejus cum comitibus & baronibus terrae suae convenerunt . anno domini . r ( without leave of parliament or people ) fecit jurare fidelitatem henrico filio suo de haereditate suâ , & inter omnes magnates regni thomas cancellarius primus fidelitatem juravit , salvâ fide regi patri , quamdiù viveret & regno praeesse vellet . in the d . year of his raign held a great councel at nottingham by archbishops , bishops , earls and barons . at windsor communi concilio , with bishops , earls and barons . and the like afterwards at northampton . king richard the st . held shortly after his coronation , upon the invitation of the king of france and his undertaking to do the like , a great councel or parliament , cum comitibus & baronibus suis s qui crucem susceperant in generali concilio constituti apud londonias , taking their oaths for the recovery of the holy land , hasting thither and passing into normandy elianor regina mater richardi regis , with whom he had left the care of the kingdom , and alays soror phillippi regis franciae , baldwin archbishop of canterbury , the bishops of norwich , durham , winchester , ely , salisbury , chester , geffry the kings brother elected archbishop of york , and john earl of morton the kings brother , shortly after transfretârunt de anglia in normanniam per mandatum domini regis , & habito cum illis concilio dominus rex statuit willielmum episcopum eliensem cancellarium suum justitiarium angliae . granted to hugh bishop of durham , justitiam à fluvio humbri usque ad terram regis scotiae , made his brothers john earl of morton and geffry elect archbishop of york , to swear tactis sacrosanctis evangeliis , that they would not come into england within three years then ensuing , nisi per licentiam illius , but suddenly after released his brother john of his oath , and gave him leave to return into england , taking his oath quòd fidelitèr ei serviret . in crastino exaltationis sanct● crucis apud t pipewel archiepiscoporum , episcoporum , & aliorum magnatum suorum fretus concilio benignè concessit galfrido fratri suo archiepiscopatum eborum ; & circa dies istos iturus ad terram sanctam per concilium magnatum suorum gerardum archiepiscopum auxisnem , richardum de canvill &c. justiciarios constituit super totum navigium angliae , normanniae , britanniae & pictaviae . et tradidit illis chartam suam in hac forma : richardus dei gratia rex anglorum omnibus hominibus suis per mare ad terram sanctam ituris salitem ; sciatis nos de proborum concilio virorum has justitias statuisse , being certain severe sea laws , & illas consuetudines ab omnibus observandas , & quòd singuli justitiariis obedirent , fecit sacramento confirmari . eodem tempore in the kings absence ad instanciam comitis johannis fratris ipsius regis convenerunt apud pontem de leodune inter radingum & windeleshores ad colloquium magnates angliae de magnis & arduis regis & regni negotiis tractatur ' , in crastino autem tàm archiepiscopus rothomagensis quàm eboracensis & episcopi omnes apud radingum convenerunt & colloquio interessent . the bishop of roan being sent thither by the king to take and give him an account thereof . anno domini . rex anglorum richardus ad natale domini fuit in normanniam apud burum , & ibi tenuit solenne festum cum primatibus terrae illius , & post natale habitum est colloquium betwixt the kings of france and england , where the expedition was agreed upon , and a peace made and sworn betwixt the two kingdoms , and the comites & barones utriusque regni ( none of the commons ) did swear , that they would remain faithful to both the kings , and make no warr until fourty dayes after their return , and the archbishops and bishops utriusque regni juraverunt to denounce sentence of excommunication against the transgressors . in which warrs in the east for recovery of the holy land , after many glorious victories obtained against the infidels , king richard , ( being shipwrackt u and with a small company escaping cast upon the territories of the envious duke of austria his incensed aemulator , for that he had caused his standard , which he had set up before his at the taking of the town of joppa , to be taken downe , and thrown into a jakes ) was discovered , w way-laid , taken , and delivered or sold to the emperour of germany for l . of silver ad pondus coloniensium . and the emperour ( to whom his brother john , who had in his absence endeavoured to usurp his kingdomes , and with the king of france his confederate x offered great summs of money , whereof the latter would have paid marks of silver and the former , to have him detained prisoner ) detesting their practises , and shewing to king richard their letters , after much respects and kindness to such a magnanimous prisoner , agreed to take for his ransom thousand marks of the same kind of money , which he paid to the duke of austria , without any thing to be paid for the expenses of himself or any other ; but an oath was first taken by the bishops , dukes , and barons , that as soon as the money should be paid , continuò liber proprium regrederetur ad regnum , which being together with the emperours letter published in england by the bishop of ely his chancellor , suddenly after exiit edictum à justiciariis regis , ut omnes episcopi , clerici , comites , barones , abbatiae & prioratus quartam partem redituum suorum ad redemptionem regis conferrent , & insuper ad illud pietatis opus calices aureos & argenteos sustulerunt . and upon his delivery by the archbishops of mentz and cologne y into the hands of queen elianor his mother , on the behalf of the emperour gave sureties or pledges , until all the money should be paid walter archbishop of roan , savarick bishop of bath , baldwin de wac & alios multos filios comitum & baronum suorum de pace servanda imperatori & imperio suo & omni terrae suae dominationis . the bishop of norwich z dimidium pretij de calicibus sumpsit , & de rebus habitis regi donavit , and the cistertian monks being alwayes before by priviledge freed from any contributions , bona sua universa ad regis redemptionem dederunt . anno gratiae a . king richard being dead rex francorum philippus & rex anglorum johannes inter wailan & butavius castella ad colloquium convenerunt , ubi convenit inter eosdem reges cum concilio principum utriusque regni , quòd ludovicus filius regis francorum & haeres duceret in uxorem filiam aldefonsi regis castellae & neptem regis johannis , & rex anglorum pro hoc matrimonio contrahendo daret ludovico cum nepte sua nomine blanca in maritagio civitatem ebroicarum cum toto comitatu , & insuper marcarum argenti . rex johannes post completa negotia in partibus transmarinis transfretavit in angliam , veniens autem londonias apud westmonasterium , huberto archiepiscopo cantuariensi & magnatibus regni praesentibus , gaufridus archiepiscopus eborqcensis cum rege pacificatus est , quo tempore rex johannes significavit willielmo regi scotorum ut veniret ad eum ad lincolniam , ut ibidem de jure suo sibi satisfaceret in crastino sancti eadmundi . ubi convenerunt rex anglorum johannes & rex scotorum willielmus cum universa nobilitate tàm cleri quàm populi utriusque regni , whence he directed his writ to the barons , and those which did hold of him in capite , to come unto him with horse and armes to northampton , die domini●â proximè ante pentecosten , in formâ sequente . rex &c. henrico b &c. mandamus tibi quòd in fide quam nobis debes , ficut nos & corpus & honorem nostrum diligis , omni occasione & dilatione postpositis , sis ad nos apud northampton die dominica proximè ante pentecosten , paratus equis & armis & aliis necessariis ad movendum cum corpore nostro & standum nobiscum ad minus per duas quadragesimas , ità quòd infra terminum illum à nobis non recedas ut tibi in perpetuum in grates seire debeamus t. &c. and in the same year summoned the peers ( but no commons ) to a great councel or parliament ( not for military aid ) in c these words , rex , &c. episcopo sarum mandamus vobis rogantes , quatenus omni occasione & dilatione postposit ' sicut nos & honorem nostrum diligitis , sitis ad nos apud london die dominicâ prox ' ante ascencionem domini , nobiscum tractatur ' de magnis & arduis negotiis nostris & communi regni utilitate , quia super biis quae a rege franciae per nuntios nostros & fuos mandata sunt , unde per dei gratiam bonum speramus proveniri vestrum expedit habere concilium & aliorum magnat ' terrae nostrae , quos ad diem illum & locum fecimus convocari , vos etiam ex parte nostra & vestra abbates & priores conventuales totius diocesis vestrae citari faciatis , ut concilio praedicto nobiscum interfitis , sicut diligant nos & communem regni utilitatem . teste , &c. and shortly after celebrating apud portesmue solemnitatem festi pentecostes , rex cum reginâ in normanniam transfretârunt , exinde veniunt ad colloquium reges anglorum & francorum prope insulam andelard & pacificè convenit inter eos , & barones de regno francorum were fidejussores pro rege suo , and undertook the guarranty to compel him , if he should violate that peace , et eodem modo factum est in parte regis anglorum . et eodem anno rex fecit generalitèr acclamari , ut legalis assisa panis inviolabilitèr sub poenâ collistrigiali observaretur , quae probata fuit per pistorem gaufridi filii petri justitiarii angliae , & pistorem r. de thurnam , ità quòd pistores sic poterint vendere . king john being dead , d and leaving his son henry very young , willielmus marescallus comes pembrochiae , without the consent of the commons , or knights , citizens , and burgesses elected , was ordained regis & regni tutor . obiit willielmus e mariscallus regis & regni rector , post cujus mortem petrus wintoniensis fuit ( without the consent of the commons ) custos regis . in anno domini . upon a rebellion of fulke de brent and others , convenerunt magnates angliae ad regem apud westmonasterium ut de negotiis regni tractarent , no knights , citizens , or burgesses mentioned . . or . henry the third , convenerunt magnates regis ( no commons ) apud westmonasterium ut de negotiis regni tractarent . anno g domini . apud londonias rex venit ( without the commons ) cum baronibus ad colloquium . anno domini . convenerunt ad colloquium apud northampton rex cum archiepiscopis , episcopis , comitibus , baronibus & aliis de regni negotiis tractaturi ( no knights , citizens , or burgesses elected there present ) voluit item rex uti concilio magnatum suorum de terris transmarinis quas rex francorum paulatim occupaverat , but was hindered by other accidents . eodem anno rex henricus ad natale tenuit curiam suam apud oxoniam , & postmodum in octabis epiphaniae apud londonias veniens cum baronibus ad colloquium , requisitus est ab archiepiscopo cantuariensi & magnatibus aliis ( no commons , although greatly concerned in their estates and liberties ) ut libertates & liberas consuetudines pro quibus guerra mota fuit contra patrem suum confirmaret . which the king yielding unto , habito concilio misit literas suas ad singulos vicecomites rogni ut per milites vel legales homines utriusque comitatûs per sacramentum facerent inquiri ( no writ to elect members of an house of commons in parliament ) quae fuerunt libertates in angliae tempore regis henrici avi sui & factam inquisitionem ad londonias mitterent ad regem in quindecim diebus post pascha ( which , saith sir henry spelman , was never found or returned ) eodem anno murmuratio non modica fuit à magnatibus angliae , contra hubertum de burgo justiciarium , & rex henricus curiam suam apud northampton tenuit , when the arch-bishop of canterbury , cum suffraganeis suis & militia magna nimis being present , and with great solemnity pronouncing excommunication against the disturbers of the king , the church , and kingdom , undè ( barones ) saluberrimo concilio usi venerunt apud northampton ad regem universi , surrendred unto him the castles and lands which they had obtained or gained from the crown . anno domini . which was anno henry the third rex henricus ad natale domini tenuit curiam suam apud westmonasterium praesentibus clero & populo cum magnatibus regionis solemnitate completâ , hubert de burgo , domini regis justitiarius , ex parte regis proposuit coram archiepiscopis , episcopis , comitibus , baronibus , & aliis universis damna & injurias quae regi illata fuerant in partibus transmarinis , ex quibus non solum rex , sed & comites multi & barones sunt exhaeredati cum ipso , petiit ab omnibus concilium & auxilium , and demanded a fifteenth of all the moveables in england , tàm ecclesiasticorum quàm laicorum , unto which archiespicopus & tota concio episcoporum , comitum , abbatum , & baronum , habitâ deliberatione regi dedêre responsum , quod gratantèr adquiescerent si illis diu petitas libertates , without any elected for the commons , concedere voluisset , annuit itaque rex cupiditate ductus quod petebant magnates . eodem anno i convenerunt apud westmonasterium ad colloquium rex anglorum cum magnatibus ( no commons mentioned ) where the king jussit sententialiter diffinire quid de proditore suo falcasio foret agendum ; whereupon proceres concenserunt cum rege , that he should abjure the kingdom , quo facto precepit rex will ' comiti warrenno to see it done . anno domini . venit interea terminus concilii apud westmonasterium praefixus , ubi rex cum clero & magnatibus regni ( none summoned or elected for the commons ) comparere debuerat ut domini papae mandatum audiret . whereupon the legat pressing the english prelates and clergy in parliament very hard for a tenth upon their spiritual livings , they answered , that ista quae nobis proponitis regnum sententialiter tangunt & generaliter omnes ecclesiarum patronos ( which might have required the assent of an house of commons ; yet were not then either summoned or elected ) tangunt episcopos & omnes suffraganeos , nec non innumeres angliae praelatos . cumque ergo rex propter infirmitatem & archiepiscopi nonnulli & episcopi & alij ecclesiarum praelati sunt absentes & in eorum absentiam ( papae ) respondere non possunt nec debeant ; quia si id facere presumerent in prejudidicum omnium absentium praelatorum fieret . et hiis dictis venit johannes mariscallus & alij nuntij regis ad omnes praelatos qui de rege baronias tenent in capite destinatis , districtè mandantes ne laicum feudum sacrae romanae ecclesiae obligârent , unde a servitio sibi debito personaliter , haec omnia cum magister otto intellexisset statum hiis qui alterum diem ibi in media quadragesimae dum ipse procureret regis adventum & absentiam praelatorum , ut tunc negotium sortiretur effectum , sed illud absque regis & aliorum qui absentes erant assensu praefixum diem admittere . ita singuli ad propria sunt reversi . rex convocatis seorsim praelatis & quibusdam magnatibus ( no commons mentioned ) dedit responsum nuntiis imperatoris circa electionem richardi comitis cornubiae regis fratris in regem romanorum . rex anglorum ardenti desiderio sitiens ad partes transmarinas hostiliter transfretare convocavit conciliariis suis fecit recitari literas a domino papa transmissas quaerens , not to disturb the king of france whilst he was in the wars at jerusalem , ab eis concilium placuit . itaque praelatis & magnatibus universis ( no commons at that council ) ut differetur negotium . anno henry the third , . apud oxoniam concilio congregato denunciavit coram omnibus se legitimae esse aetatis & de caetero solutus a custodia regni negotia & se principaliter ordinaret . anno domini . which was in . henry the third , rex anglorum henricus ad natale domini curiam suam tenuit apud oxoniam l praesentibus magnatibus regni , no commons thither sent or elected . eodem anno rex anglorum henricus congregavit apud portesmue totam nobilitatem regni angliae comites , viz. barones & milites cum tanta equitum & peditum turba quantam nullus antecessorum suorum aliquo creditur tempore congregasse . anno domini which was . henry the third , convenerunt nonas martij ad colloquium apud westmonasterium ad vocationem regis magnates angliae tàm laici quàm praelati ( no commons sent or elected ) of whom the king requiring aid for his wars and payment of his debts , comes cestriae ranulphus pro m magnatibus loquens respondit quòd comites , barones , & milites qui de eo tenebant in capite , having personally attended him , were many of them gone home , and could give him no aid ; and the bishops pretending the absence of divers of the bishops and abbots , petiêrunt inducias until they all might meet together , praefixus est itaque dies à quindecim diebus post pascha . anno . which was . henry the third , congregati sunt magnates angliae ( no commons ) londini ad colloquium negotiis regni tractaturi . anno . henry the third , tenuit curiam suam ad natale apud wintoniam & misit per omnes fines angliae scripta regalia ( his writs of summons ) praecipiens omnibus ad regnum angliae spectantibus . viz. archiepiscopis , episcopis , abbatibus & prioribus installatis , comitibus & baronibus , ut omnes sine omissione in octavis epiphaniae londoniis convenirent regia negotia tractaturi totum regnum contingentia , quod audientes magnates ( no commons ) regis praeceptis c●n●inuò paruerunt . anno . henry the third , rex recedens a londoniis venit mortonam ut ibi revocati magnates ( only ) audito recenti imperatoris mandato una cum rege de regni negotiis contractarent , diebus etiam eisdem rex henricus tertius pro salute animarum & emendatione regni sui spiritu ductus justitiae & praelatis quasdam leges novas constituit & constitutas per regnum suum inviolabiliter jussit observari . et eodem anno convenerunt magnates londini die statuto multis equîs & armis communiti , ut si rex circumventus per lenitatem recalatraret cogeretur . eodem anno in colloquio ( ad quod ex lo●ginqùo nobiles convocaverat ) he prayed an aid . eodem anno scripsit omnibus magnatibus suis , ( no commons ) ut coram eo & domino legato papae in festo exaltationis sanctae crucis apud eboracum convenirent , de arduis regnum contingentibus tractaturi . anno . henry the third , convenerunt apud radingum omnes archi●piscopi , episcopi & majores , abbates & quidam magnates regni papale mandatum à domino legato explicandum audituri . anno . henry the third , archiepiscopus eboracensis custos regni existens & omnes episcopi angliae abbates & priores per se vel per procuratores suos , nec non & omnes comites , & ferè omnes barones angliae ad mandatum domini regis convenerunt apud westmonasterium . eodem anno rex p anglorum omnibus suis angliae magnatibus , archiepiscopis , episcopis , abbatibus , prioribus , comitibus & baronibus , districtè praecipiens ut omnes generalitèr londinum convenirent die martis prox ante festum purificationis beatae mariae virginis de negotiis regni dilationem non capientibus cum summa deliberatione tractaturi , imminente vero die totius angliae nobilitas tàm praelatorum quàm comitum & baronum secundum regium praeceptum est londini congregata , atque regi auxilium pecuniare petenti restiterent magnates ( no commons ) &c. archiepiscopus eboracensis & omnes episcopi angliae abbates & priores per se vel per procuratores suos , nec non & omnes comites & ferè omnes barones angliae ( no commons ) in scriptis dederunt responsionem . . henry the third , convenerunt regia submonitione londinum magnates totius regni , archiepiscopi , episcopi , abbates , priores , comites & barones tunc ( to answer to the kings demands ) & de communi assensu electi fuerunt ex parte cleri cantuariensis , wintoniensis , lincolniensis , & wigorniensis , episcopi ex parte laicorum ( which were not to be believed to be any more present , than the universitas or whole body of the clergy ) richardus comes frater domini regis , comes bigot , comes legr ' simon de monte forti , & comes mariscallus w'ex parte verò baronum richardus de muntfichet , johannes de bailioil , & de sancto edmundo , & de rameseia abbates . convenêrunt autem iterum ( for it appears they had been prorogued ) magnates cum praelatis generaliter londini ( no commons at all mentioned . ) ▪ upon the emperor fredericks being excommunicated , and deprived by the pope , notified to the kings of england r and france , who fearing the example , had sent their embassadors to rome , in the th . year of the raign of king henry the third , expectantibus universitatis anglicanae procuratoribus viz. comes richardus bigod cum suis consortibus placabile domini papae responsum . anno . s henry the third , rex missis literis suis totius regni magnates convocavit londini de statu regni generalitèr tractaturos . where the pope intercedes for the pardon of fulke de brent , and the king denied it , because the judgment against him was given in parliament , ab enim omni clero & populo regni , per judicium curiae suae ab angliâ fuerat in exilium pulsus , & licet regni cura specialiter ad ipsum spectare videretur , debet legis quidem & bonas regni consuetudines observare , although mat ' paris himself had said , that rex did sententialitèr diffinire , and the proceres and magnates consenserunt cum rege , that he should abjure the kingdom and be banished ( the king's court being then the parliament without commons . ) anno . henry the third , rex cum magnatibus tractatum habuit diligentem per plures concilium urgens dies . medio quadragesimae edicto regio convocata convenit ad parliamentum generalissimum anglicani totius nobilitatis londini videlicet prelatorum tàm abbatum , priorum , quàm episcoporum , comitum quoque & baronum , ut de statu regni jam vacillantis efficacitèr prout exegit urgens necessitas contrectarent . upon further troubles and concernments of the kingdom convenêrunt ad parliamentum memoratum totius regni magnates , ( no commons ) imprimis aggressus est dominus rex ore proprio episcopos per se , postea verò comites & barones , deinde abbates & priores . afterwards in the same year habitum est magnum concilium inter regem & regni magnates apud wintoniam super multiplici regni totius & maximè totius ecclesiae desolatione , wherein , upon the hopeless account given by william de powic , and henry de la mare , two of the procurators sent to rome , of the popes obstinacy to continue his pilling and polling of the kingdom : it is said , haec autem cùm audisset dominus rex cum magnatibus suis ( not the commons ) commotus est vehementèr & meritò , praecepitque voce praeconis in omnibus comitatibus per omnes villas loca & congregationes , that no man should pay any of the popes exactions . and in the . henry the third , rex cum magnatibus tractatum habuit diligentem & per plures concilium urgens dies protelavit . per idem tempus dominus rex comperiens regnum suum enormitèr periclitari jussit omnem totius regni nobilitatem convocari , ut de statu ipsius manifestè periclitantis oxoniis diligentèr contrectarent , praelatis autem maximè ad hoc parliamentum vocavit arctius . . henry the third , at the quindena of st. john baptist covenit londinum tot●●s angliae nobilitas venientibus in unum omn●b●s regni primatibus in a great expectation of the king 's redressing of grievances . anno . henry the third , rex congregavit omnes regni nobiles , ut ●●rum consensum flecteret ad auxilium dandum , sent his letters by symon pasleu to the sheriffs of every county , to collect what they could of them . an●o . henry the third , calendarum martij habitum est parliamentum magnum londini , sicut fu rat praelocutum & praefixum , where henricus de bathonia justiciarius regis being greatly accused by the commons ( not any commons elected to come in parliament ) was afterwards , for a fine or great sum of money , pardoned by the king , when he was hugely incensed against him , yet there was enough to manifest that there were none of the commons . eodem anno instante paschali solennitate fecit dominus rex convocari londini omnes magnates angliae cruce signatos , ut infra quindenam paschae ibidem convenerent , & super n●gotio terrae sanctae eujus honor enormiter vacillare videbatur diligentèr contrectarent . adhuc autem non terminato parliemento , where the king was said to be inexorabilis factus omni petenti saltem breves inducias debitoribus suis non concessit & graviter comes ( l●griae ) in cu●ia regis accusatus , and when the king magnâ irâ had commanded richard earl of cornewall his brother , to deliver up his patent or commission of the covernment of gasco●gne , which the earl refused , and charged the citizens of bourdeaux to apprehend him , which they denyed ; it is said , that noluit autem rex hoc praecipere magnatibus angliae , certus quòd hoc nullatenùs facerent siue maximâ consideratione . rex igitur nè viderentur quidam magnates qui jam illuc advenerant inanitèr suisse convocati districtè tractatum suscitavit . soli to igitur cum regis , cleri , & magnatum indignatione , &c. convocatis denuò dommus rex , optimatibus suis , &c. anno . henry the third , in quindena paschae tota edicto regio convocata angliae nobilitas ( no commons ) convenit londini de arduis regni negotiis simul cum rege tractaturi , extiterunt igitur ibidem cum comitibus & baronibus quamplurimis , archiepiscopus cantuariensis bonifacius episcopi angliae fere omnes . where when the king pressing for aid and supplies , could not , upon the bishops unwillingness , forbear to remember them , how he had in particular advanced many of them beyond their deserts ; they had no better answer to return him , than domine rex , non facimus de praeteritis mentionem , sed sermonem extendimus ad sutura , after many long debates a tenth was granted by the clergy towards the wars of the holy-land , per visum magnatum ( not of the commons ) cum iter ad hierusalem arriperet , & à militibus scutigeris illo anno ad scutum tres marcae , was perswaded by fear , or the desire of the money , by no order or ordinance of parliament , ( to which not any of the commons , though greatly concerned therein , were parties ) to give his consent , and walk with many of the nobility and bishops through westminster-hall in that direful procession , with burning torches , pronouncing curses , and wishing damnation , and the fiery torments of hell upon the infringers of the charters of their and the peoples liberties . . henry the third , t convenissent universi ferè angliae magnates , viz. comes mareschallus , r. bigod , gilbertusque de segrave , speciales domini regis nuntij ad parliamentum venientes ex parte ejus propositum suum praecordiale universitati angliae fortè seducti nuntiantes , aderant autem illuc comes richardus frater domini regis comes cornubiae , comes wintoniensis cum domind regina ( no commons ) & omnes episcopi angliae ( exceptis duntaxat cantuariensis & eboracensis archiepiscopis & dunelmensi & bathoniensi episcopis qui cum rege in gasconia fuerunt ) where after the necessities of the king shewed , and the danger of hostilities from the king of castile , respondit universitas , they did not believe there could be any such danger , & sic igitur solutum fuit concilium cassum & inane . eodem anno u congregati sunt iterum angliae magnates quibus significabat rex , quòd pecunia indigebat & viribus amplioribus ad repellendum violentiam magni hostis supervenientis , but they alleadging former great taxes denyed it . anno . henry the third , edicto regio convocata convenit magnatum numerosa multitudo , anno vero sub eodem ad sestum sancti edwardi fuerunt apud westmonasterium omnes ferè angliae magnates , ubi rex petebat auxilium pecuniare . anno . henry the third , veniunt londini ad dominum regem qui multos sibi cum comite richardo ibi magnates congregârat quidam de primatibus alemanniae , concerning the election of the said earl richard to be king of almaine . eodem anno in media quadragesima factum est magnum parliamentum , where the controversy betwixt the bishop of lincoln , and the university of oxford was debated , & extitit ibidem tota ferè angliae nobilitas , but no commons . ) . henry the third , rex militiam anglorum edicto regio convocavit venire cum equis & armis contra wallenses . et post diem martis , quae vulgaritèr hokeday appellatur , sactum est parliamemtum , londini rex namque multis & arduis negotiis sollicitabatur , where divers altercations passing betwixt the king and the parliament , it is said , doluit igitur nobilitas regni in crastino & diebus sequentibus habuerunt diligentem tractatum dominus rex & magnates , diebus quoque sub eisdem constantèr & praecisè respondêrunt uno quasi ore magnates regni in parliamento regi cùm urgentèr ab eis ( the commons or any of them certainly , not personally being present ) auxilium postulasset , quod nec voluerunt nec potuerunt . duravit adhuc parliamenti praelibati altercatio inter regem & regni magnates usque diem dominicam proximam post ascensionem , & dilatum est parliamentum usque in festum sancti barnabae apud oxoniam , interim optimates angliae utpote gloverniae legrecestriae herefordiae , comes marescallus & alii praeclari viri ( no commons ) confoederati sunt . et prolabentibus diebus ante parliamentum oxoniale missi sunt solennes nuntii , videlicet de electis comitibus & baronibus ( none of the prel 〈…〉 ) in franciam ad regem franciae , desiring him to give them aid , and not disturb them in their designs for peace . ad diem indictum oxoniae magnates & nobiles terrae ad parliamentum properabant , preceperuntque omnibus qui eisdem servitium debuerant , ( which could not be a small number ) quatenùs cum ipsis venirent parati veluti ad corpora sua contrà hostiles insultus defensuri quod fecerunt , caused the sea-ports , and their confederate the city of london's gates to be guarded by their own party , where the magnates ( not the common people ) demanded justice , and a confirmation to be made by the king of king john's , and his own charters , jurantes fide mediante & mutùo dextras exhibentes , qùod non omitterent propositum persequi pro pecuniae vel terrarum amissione vel etiam pro vita & morte sua vel suorum . recalcitrantibus edwardus principe johanne comiti warrennae willielmo de valentia cum aliis , and when henry the. son of richard king of alemaine , began to joyn with them in the refusal he was told , quòd etiamsi pater fuus adquiesceret baronagio ( no yeomanry or any other under their degree of barons ) nollet nec unum sulcum terrae in anglia obtineret . the king and his son edward , after all the barons had sworn unto them , were at length compelled to swear to perform and observe all such ordinances and provisions , as the rebellious barons had there made , who did shortly after send messengers , ex parte universitatis regni , to the city of london , whom they understood to be in themselves comprehended , ( for the londoners were those that were sent unto , not the barons , who did send unto them ) qui convocaverunt totius civitatis cives ( then no inconsiderable part of the english nation , either as to number , riches , or faction ) quos barones vocant ( no peers of parliament , for they were as was then believed another kind of barons ) & in aula quae gildehall appellatur , u demanded of them si statutis baronum vellent fidelitèr obtemperare , and joyn in the resistance of those which should infringe them ; to which they thankfully gave their consent , et confecerunt super hoc eis chartam suam de communi sigillo civitatis consignatam ; veruntamen non adhuc quae statuta fuerant proposuerant publicare circa idem tempus convocati fuerunt praelati universalitèr ut oxonioe convenientes nè penitùs cadat , statum reformarent convenêrunt quatuor episcopi ad hoc specialitèr deputati , qui convocaverunt exemptos omnes abbates & alios alterius ordinis vel eorum idoneos procuratores ( no laicks or vulgus ) scire volentes , si eorum statutis vellent acquiescere & eorum defensioni & sustentationi unanimitèr adhaerere , sed quia quidam excusatione absentes , quidam in assensu dubitantes , nullum tunc potuerunt dare responsum recesserunt omnes imperfectum relinquentes iudicium . which manifestly evidenceth , that at the parliament at oxford , the citizens of london had no burgesses then and there representing in parliament for them , and there appeareth no consent there given or demanded by or from any other county , city , or borough , in that parliament , or given by them , or any of them , to the said provisions made at the aforesaid parliament at oxford . and the universitas regni at oxford there assembled , can receive no other proper or genuine interpretation , that they were those that were assembled at oxford , ( no elected men of or for an house of commons in the parliament at oxford , not at all there meant or intended by the party or provisions made at oxford for the aforesaid conservatorships , of which the commons of england were never agreed to be any part or parcel ) but only for such as were assembled at oxford , which were none other than the magnates and optimates regni , with their milites and numerous attendants , some whereof were especially named , as the earls of glocester and leicester , lord high steward of england , earl of hereford , constable of england , the earl marshal of england , & alii praeclari viri , their confederates , with letters and statutes sent as aforesaid , from the barons at oxford , to the citizens of london , brought an imperfect return , for that some of the citizens of london were then absent , and the other were not resolved what to answer or assent unto ; so as the messenger sent to london from the barons at oxford , returned imperfectum relinquentes judicium . destinantur postea nuntij solennes ad dominum papam w ex parte regni & totius universitatis , qui nuntia sua domino papae plenariè intimarent , & quàm citius possent non expectantes aliquam disputationem vel disceptationem remearent . anno verò sub eodem philip ' lovel , treasurer of the king , capitales justitiarij & quam plures de scaccario were removed from their places , and others put therein judicio baronagij . . henry the third , fuit rex ad natale domini londini , ubi magna solieitudine tractatum est inter nobiles regni , quomodo conservato suo salubri proposito satisfacerent desiderio regis richardi de alemannia . the king journeying towards the sea to meet his brother the king of almaine . who was reported to have raised forces beyond the seas to succour him , and who the baronage feared would come and alter what they had done , nuntii solenmes ( wherein certainly according to their usual phrase they intended themselves , not the common people ) a communitate regni angliae destinati , brought an answer from him , si nobiles x angliae ( which he certainly understood not to be the common people , nor that they that sent them were the common people , or that the nobility were intended to be a part of them , but rather that their wills and actions were wholly submitted to the peerage ) reformare voluissent regnum deformatum me deberent primùm accersire . in crastino post ejus adventum in angliam intraverunt magnates capitulum cantuariense ( so great a power had they then over their tenants and the common people ) ducentesque reverenter reges angliae & alemanniae , the earl of gloucester stans in medio , called out the king of almaine by the name of the earl of cornewall , to take the oath for a general reformation of the kingdom . eodem anno being . henry the third , congregati sunt nobiles angliae londini prout inter se prius condixerant , whither came quidam de secreto regis francorum concilio decanus bituricensis , ubi non modicè tractatum fuit de negotio inter duos reges franciae & angliae & quid in partibus transmarinis actum fuerit & exinde probatum . after which a monk of st. albans ex parte regis , reginae , & magnatibus angliae , finding the king , queen & magnatibus scotiae in their parliament , and informing them of the cause of his coming ex parte regis , reginae & baronum angliae , requested that the king and queen would not fail to come into england , to treat of matters of great concernment and secrecy , with much difficulty obtained letters patents from the king , queen , and nobility of scotland , communitèr sigillatas tàm sigillo regis quàm omnium magnatum scotiae ad regem angliae & totam communitatem , wherein they granted their request , dummodo se facerent rex angliae & magnates ( which explains the extent and true meaning of the preceding words , tota communitas angliae ) de scripto suo sibi prius promisso securos , and returned by him domino regi angliae & reginae & magnatibus terrae literas commendatorias , and did shortly after send the earl of bochan , and other honourable commissioners to treat with the king of england & ejus concilio , who at their coming , speaking with the said monk , nullam in publico super expeditione negotij erga regem & regni communitatem ( which may in this place well be understood to intend the baronage ) reliquerunt redeuntes certificationem . eodem anno ex concilio domini regis franciae , angliae & totius baronagij , the earls of clare and leicester , john mansell , peter de sabaudia , and robert wallerand were sent ad parliamentum magnum regis francorum pro pluribus negotiis regna franciae & angliae contingentibus , carrying with them a charter or resignation from their king to the king of france , and letters of credence , to compose with that king and his councell super negotiis ( without the commons or their consents ) inter eosdem reges & eorum regna diu agitatis ; but for that the countess of leicester refused to resign that part , which she held or claimed in normandy , infecto negotio cachinnantibus francis redierunt . in the mean time the almaines , perceiving how little their king elected was respected in england , returned home , saying , ex quo compatriotae sui ipsum non venerantur , nos ipsum quomodo honoribus prosequemur ? and in his absence elected another . eodem anno king henry the third in franciam transfretavit , and required restitution to be made of the provinces in france , unjustly taken away from his father king john , and detained from him ; unto which the french answered , that the donation of normandy was not free , but by force extorted by rollo , so as the king , if he had a mind to regain it , having not money to raise an army , and especially when he did see his own subjects ready to make war against him , was enforced to yield to a peace , that pro turonensibus parvis & restitutione terrarum in france unto him ad valorem y librarum in gasconia , the king was to resign and release to the king of france his dutchy of normandy , and county of anjou , & ex tunc literarum suarum abbreviavit titulum , ut nec ducem normanniae nec comitem andegaviae se vocaret . and fearing that he had committed perjury in taking the oath , to observe the provisions enforced from him at oxford , sent secretly to the pope for an absolution . eo tempore symon de monte forti comes legriae , richardus de clare comes gloverniae , nicholaus filius johannis , johannes filius galfridi , multique nobiles ipsis adhaerentes convenerunt oxoniae equis & armis sufficientèr instructi , finalitèr sta●uentes aut mori pro pace patriae aut pacis eliminare patriae turbatores ; whither came also the bishop elect of winchester william de valentia , and the rest of the poictovins stipati magna caterva satellitum & fautorum ; but when they understood , that the english nobility intended eos vocare standum judicio pro suis nequam factis , simul & communitèr jurandum cum eis ad observandum provisiones , they fled to the castle of whitesey , whither the barons pursued them , and fearing that the bishop elect of winchester would carry his complaints to rome against them , sent four knights as their agents to rome , with letters under their hands and seals ( not of the commons ) to complain of the injuries which the bishop had done to the kingdom ; and the justices itinerant of the king , were at hereford prohibited to proceed , for that as was alleadged , it was against the provisions made at oxford . anno . henry the third , the king retired to the tower of london , and caused all the citizens of london above the age of twelve years , to swear unto him fealty , and made proclamation that all that would come as souldiers to serve him should be paid ; the barons came with great forces to the walls of the tower ; lodging in the city , the absolution being come , and prince edward not accepting it , which the magnates ( not the multitude or commons ) taking notice of missis nuntiis humilitèr rogabant , ut z communitèr juramentum praestitum inviolabilitèr observare vellet , & si quid displiceret , eisdem ostenderet ad emendandum . qui nequaquam acquiescens , durè & minacitèr respondens , dicens , quòd eis à conventione deficientibus non amplius adquiesceret , sed unusquisque deinceps propriis defensionibus provideret , tandèm quibusdam mediantibus it was agreed , that two should be chosen on the king's part , and two on the barons , ( no commons mentioned ) and the arbitrators were , if they could not agree , to choose a third ; but by reason of prince edwards late return from beyond the seas , and that being returned , and informed what strange councels had been given his father , was so angry as he absented himself from him , and adhering to the barons , saith the continuator of matthew a paris , in hac parte prout juraverat fitque conjuratio inter eos , quòd malos conciliarios & eorum fautores adquirerent & à rege pro viribus alongarent , which the king understanding , betakes himself again to the tower of london , cum suis conciliariis , edwardo filio suo cum magnatibus foris remanente , sed tandem interveniente regina vix quibusdam concordati magnatibus in pacis anplexibus invicem sunt suscepti , and the king relying upon the popes absolution , and the promise of the king of france unà cum suis magnatibus sibi se velle succurrere manu forti , coming to winchester displaced the chancellor and justice made by the baronage , & novos creavit pro suo beneplacito . in the th . year of his raign , keeping his christmass with the queen in the tower of london , elaboratum est tàm à regni angliae pontificibus quàm à praelatis b regni franciae , that there might be a peace betwixt the king of england , and his barons , ventumque est ad illud ut rex & proceres ( not the commons ) se ordinationi regis franciae in praemissis provisionibus oxoniae submitterent . whereupon in crastino sancti vincentij congregato ambianis populo penè innumerabili , rex franciae lodovicus coram episcopis , comitibus , aliisque francorum proceribus , ( the king of england , and his queen , boniface arch-bishop of canterbury , peter bishop of hereford , and all or most of the magnates of england , before named ( no commons ) which submitted to the reference on both sides ) solennitèr dixit sententiam pro rege angliae contra barones statutis oxoniae provisionibus , ordinatio●ibus , & obligationibus penitùs annullatis , hoc excepto , quòd antiquae chartae regis johannis angliae universitati concessae per illam sententiam in nullo intendebat penitùs derogare ; which award both parties having solemnly bound themselves by oath to abide by , simon earl of leicester , and his complices refused to obey it ; for that as they pretended the provisions made at oxford were founded upon that charter of king john : so as the troubles and discontents continuing , and breaking out into open wars betwixt the king and his never to-be-contented barons , the battel of lewes shortly after followed , wherein the king was taken , and for a long time detained prisoner , ( the king of france , and his barons after a great part of his design satisfied by getting a release of the dutchy of normandy , giving him no manner of aid at all ) nor after the more successful battle of evesham , had by the escape and valour of his son the prince reinvested him in his kingly rights , that king of france , and his father before him playing the foxes betwixt the king and his father king john , in their troubles with their unruly and rebellious barons for their french advantages . anno . of his raign , kept his christmass at northampton , with his queen , the king of almaine , and ottobone the popes legate cum exercitu formidabili . anno . kept his christmass at oxford , with the queen and the popes legate , multisque magnatibus , ubi , after the ancient course of our english kings , at that and the other two great festivals of the year , to hold their great councels , diligentèr tractatum est de pace reformanda inter comitem gloverniae & rogerum de mortuo mari : circa tempus istud rex citari fecit comites & barones , archiepiscopos , episcopos , & abbates omnes , qui communitèr militare servitium sibi debentes , ut apud sanctum edmundum cum equis & armis c sufficientèr instructi convenirent ad impetendum eos qui contrà pacem regiam occupaverunt insulam elyensem ; but the earl of gloucester refusing to come , the earl of warren , and william de valentia were sent unto him , qui illum ad parliamentum venire moverent ab adunatis qui ad parliamentum citati fuerunt praeter rebelles , where primò & principalitèr rex & legatus , required the bishops to consent to the articles or demands before recited . anno . of his raign the king and queen cum regni principibus , kept their christmas at eltham . so as that honourable title of barons , and those that have a just claim or right thereunto , is not to be trampled upon , and thrown amongst the community , but contra distinguished from them , when baro saith , the largely learned du fresne a french man , sieur or baron du cange was in persius time amongst the romans , of no greater esteem than servus militum , and by isidorus were termed , or no better stiled than ministri mercenarii , qui serviunt acceptâ mercede , yet apud graecos nominantur barones , quòd sint fortes in laboribus ; barus enim dicitur gravis , quód sit fortis , glossae m. s. baro gr ' lat ' vir fortis , unde barones ; barones igitur ministri appellati non modo persii & isidori aevis , sed etiam longè postea , siquidem barones regios ministros vocatos qui ex regis familia erant , unde non mirum si traductam hanc vocem ad viros magnates passim legamus , qui principibus ipsis obsequia & ministeria sua praestabant , seu ex officii ratione seu ex beneficio ac feudis quae ad ejusmodi obsequia impendenda iis indidem conferri solebant ; quinetiam ab ipsa augustini tempestate barones dicti videntur viri nobiles principum obsequiis & servitio addicti , vel certè viri militares qui primos tenebant locos in aulis regum , as those words of his do evidence , where he saith , vbinam est caesaris corpus praeclarum ubi caterva baronum , ubi principes aut barones ; quibus in locis ij fortè fuerunt qui in obsequiis principum versabantur , ità ut numerosum eorum ac nobilem famulatum indicare voluerit augustinus ; quemadmodum autem famulos homines vulgò appellabant . ita franci & omnes boreales populi postquam galliam invasêre vel italiam barones quosvis viros nominârunt , as their salique , ripuar , aleman , and longobard laws , constitutiones sicul. capitulars of charlemaine and hinckmarus in his epistles have informed us : the barones regum angliae were the magnates , qui de domo & familia regis sunt vel certè majores regis vassalli qui de illo praedia sua nudè tenent ; adelwaldus was one of king edward the confessors , which florentius wigornensis , and the book of ramdsey do stile minister regis : the barons of almaigne , from which nation our saxon ancestors being descended , brought unto us many of their customs , made a two-fold difference amongst their barons , alii dicuntur simplices barones , alii semper barones , & semper baro is esse fertur qui à nullo horum feudum habet , sed alii ab ipso , adeòque liber est ut nulli ad fidelitatis astringitur juramentum ; insomuch as it was a very ancient custome and observance amongst the germans , not to allow the title or dignity of baron unto any that were not born of such a frey heeren father and mother , but those who were on the mothers part descended from an ordinary tenant , holding by military service of others , they would by no means call barons , but debaronized them ( which in time might have introduced amongst us , that distinction long after about the raign of our king john of the barones majores , those that were ministri regis , and held great possessions only of the king , for long before the conquest they were called thaines , barons , or lords , who were honorary , and the minores middle thaines or valvasores , who were only feudal , and held all or much of others or lesser parts of the king , and by canutus's laws there appears to have been in those times thani infimae conditionis : in germany , saith schwederus , there are two sorts ; the first that do hold of the empire immediately ; the second mediately of others , and that in the diversity of opinions amongst the learned , whether the word baron be derived from the hebrew , greek , latine , spanish , or french , the germans have been content with theit own word , or original baar , which signifieth frey or liber homo & barones are liberi domini frey heeren : et baro signifieth virum dignitate praecellentem : so as that exquisitely learned du fresne in his gloss upon the words barones parliamenti , saith , in anglia & scotia , qui vulgò lords of parliament vocantur , ij sunt ex majoribus baronibus qui à rege undè pendent & ad parliamentum sive concilium publicum diplomatibus regiis evocantur , nam constat in anglia ut in francia non omnes qui à rege praedia sua immediatè tenebant ad parliamenta admissos , nam nimius esset numerus eorum ; sed illos tantum qui proximi essent a rege & dignitate & vassallorum numero caeteros anteirent , prout etiam in ipsis baronum feudis factitatum : and defining a barony , saith it is praedium à rege nudé pendens vel maius praedium vel feudum ; cassanaeus taketh it to be quaedam dignitas habens quandam praeeminentiam inter solos simplices nobiles . tiraquel by good authority of rectified experimented reason , laws , and ancient customs , saith , leges sanciri debent a principibus etiam nobilium concilio quod plane ostendit virgilius de aceste rege loquens gaudet regno treianus acestes indicitque forum & patribus dat jura vocatis . id est , leges sancit jura distribuit vocatis ad id patribus id est senatoribus . l'oyseau defining seigneuries saith , they are publique ou prives , and that les droits & praerogatives des grandes seigneuries a scavoir les duchez , marquisats , comtez & principautez , dont le premier est qu'elles ne relevent que du roy , encore que de leur nature elles deuvoient relever immediatement de la couronne . c'est pourquoi les feudistes les appellent feuda regalia ou regales dignitates tit ' de feud encore non tant pour ce qu'elles participent aux honeurs des souverainetez que de leur d'autant qu'elles sont vrays fieffs du roiaume ne pouvant relever d' autre seigneurie . et tout ainsi que ces capitaines s' aydoient de leurs vassaux en la guerre aussi faisoient ils en les justices principalement aux causes d' importance qu' ils iugoient par leur advis & pour ceste raison ils les appelloient pairs cour , c'est a dire pairs au compaignons de leur cour de justice . saith , le seigneurie privee n' induit point de puissance publique , and concludeth and proveth it to be un erreur d' penser qu' aux livres de fieffes valvasores regni seu majores valvasores fussent ceux qui tenoient leurs fieffs a capitaneis regni , nempe a ducibus & marchionitibus . and were had in such a veneration and respect , as when in the first year of the reign of queen elizabeth , an act of parliament was made , that every member of the house of commons should before the lord steward of the king queen , or her successors houshold , or his deputy , for the time being before they sit , or be admitted by his oath taken upon the holy evangelists , testify and declare , that the queens majesty is the only supreme governour of this realm , and of all other her highnesses dominions , and countries as well in all spiritual and ecclesiastical things or causes as temporal , and renounce all foreign jurisdiction of any foreign prelate , prince , or potentate whatsoever . and promise that from henceforth i shall bear faith and true allegiance to the queens highness , her heirs , and lawful successors , and to my power shall assist and defend all jurisdictions , priviledges , preheminences , and authorities granted or belonging to the queens highness , her heirs , and successors , or united and annexed to the imperial crown of this realm . from the taking of which oath , the lords temporal , and all of or above the degree of a baron , were by that act of parliament of . eliz. exempted , for that the queens majesty is otherwise sufficiently assured of the faith and loyalty of the temporal lords of her high court of parliament . although of that high and honourable assembly of the house of peers , all that hold offices under our kings , as the lords chancellour , treasurer , steward , great chamberlain , and chamberlain of the houshold , constable , earl marshal , lord privy-seal , secretaries of state , and all that receive creation-money of him , as earls , viscounts , marquesses and dukes , and all the assistants as judges , masters of chancery , and the barons in that high court of judicature , subordinate to the king , may find themselves comprized and obliged in and by that act of primo eliz. ca. . as the arch-bishops and bishops are . for it may everlastingly , with great assurance of certainty and truth , be affirmed , that our parliaments or great councells have in their constitutions , formes , customes , and usages , altogether or for the most part followed , and imitated those of the almans , saxons , and ancient francks , when marculfus , who lived in the year after the incarnation of our blessed saviour jesus christ , six hundred and sixty , now something more than one thousand years , when clodouaeus the son of dagobert of the merovignian , and first race of the kings of france ruled , as it will be evident by the writ of summons thereunto , entituled , prologus de regis judicio cum de magna re duo causantur simul , in the form or words ensuing , ( or the cause of summoning or calling the parliament as our kings have many times done in their writs of summons to their parliaments ) viz. cui dominus regendi curam committit cunctorum jurgia diligenter examinatione cum rimari oportet , ut juxta propositionum vel responsionum alloquia inter alterutrum salubris donetur sententia , quo fiat ut & nodos causarum vivacis mentis acumen coerceat , & ubi praelucet justitia illuc gressum deliberationis imponat : ergo nos in dei nomine ibi in palatio nostro ad universorum causas recto judicio terminandas , una cum dominis & patribus nostris episcopis vel cum plurimis optimatibus nostris patribus illis referendariis illis domesticis illis vell senescallis illis cubiculariis & illo comite palatii vel reliquis quam pluribus nostris fidelibus resideremus ibique veniens ille illum interpellavit cum diceret , &c. upon which words , viz. una cum dominis & patribus nostris episcopis , the learned bignonius commenting saith . hi enim in iudiciis regi assidebant , ut etiam notavit tillius , qui rectè curiae seu parliamenti originem hinc deducit , illudque ita durasse usque ad philippi vallesy tempora , qui amplissimum parisiensem senatum à comitatu & consistorio principis separatum edicto constituit . hujus quoque judicii episcopis & proceribus adstantibus forma refertur antiquitatum fuldentium lib. . anno dominicae incarnationis . jnd. . . k l. julii facta est contentio gozboldi & hrabani abbatii coram imperatore ludovico & filiis ejus ludovico & carolo , necnon & principibus ejus in palatio apud niomagum oppidum constituto de captura , &c. presentibus trugone archiepiscopo , otgario archiepiscopo , radolto episcopo , &c. adalberto comite , helphrico comite , albrico comite , popone comite , gobavuino comite palatii , ruadharto similiter comite palatii , & innumerabilibus vassallis dominicis . so did the referendarii , masters of requests or chancery the senescallus palatii , the cubicularii . and bignonius moreover declareth : domestica dignitas fuit non contemnenda sub prima & secunda regum nostrorum familia , nam inter praecipuos regni ministros domesticisaepe enumerantur ; & in praefatione leg ' burgundion ' sciant itaque optimates comites consiliarii domestici & majores domus nostrae & cum munera in judicio accipere prohibeantur , eos quoque judicasse dici potest , sic leg ' ribuar ' tit . go. ut optimates majores domus domestici comites grafiones cancellarii vel quibuslibet gradibus sublimati in provincia ribuaria in judicio residentes munera ad iudicium per vertendum non recipiant ; hos etiam regi judicanti adsedisse probat marculfus ipse lib. . dum inter ministros & officiales qui regi adsiderent domesticos recenset . neither were the writs of summons to the peers and lords spiritual and temporal , in that fatal th . year of the raign of that unfortunate prince king henry the third , though many ages before accustomed to be summoned to their soveraign's great councells , framed upon any better foundation than force , and partiality , when a rebellious part of the baronage of england had , by the success of their rebellion , made him , and the prince his son , his brother richard earl of cornewall , king of the romans , and his son , with many of the loyal baronage , and other his faithful subjects , prisoners on purpose to create an oligarchy in symon de montfort earl of leicester , gilbert de clare earl of gloucester , and some few others of their triumphant and seduced party , and fix in themselves a conservatorship , and domineering power over the rest of the peers , and nobility , and their fellow subjects , especially the commons , left in a full assurance of slavery , and hopeless of any thing more than to be assistant to the everlasting ambition and variable designs of others . sect . xiv . that those enforced writs of summons to the lords spiritual and temporal , accompanied with that then newly devised engine or writ to elect knights , citizens , and burgesses to be present in parliament , were not in the usual and accustomed form , for the summoning the lords spirituall and temporal to the parliament . for the eminently learned selden hath informed us , that the most ancient writ of summons that he hath seen , was no elder than the th . year of the raign of king john , directed to the bishop of salisbury , commanding him to come , and summon all the abbots , and convential priors in his diocess to do the like , viz. mandamus vobis rogantes quatenus omni occasione & dilatione post positâ sicut nos & honorem nostrum diligitis sitis ad nos apud london die dominicâ proximé ante ascensionem domini nobiscum tractaturi de magnis & arduis negotiis nostris & communi regni utilitate ; quin super his quae a rege franciae per nuntios nostros & suos nobis mandata sunt unde per dei gratiam bonum sperare vestrum expedit habere concilium & aliorum magnatum terrae nostrae quos ad diem illum & locum fecimus convocari , vos etiam ex parte nostrâ & vestrâ abbates & priores conventuales totius diocesis citari faciatis , ut concilio praedicto interfint , sicut diligunt nos & communem regni utilitatem . t. &c. the roll that hath this writ hath no note of consimile to the rest of the barons , as is usual in other close rolls of summons to parliament ; but it appears in the body of it , that the rest were summoned , and that there was a parliament in the same year . and another close roll in the raign of the same king , and in the same year hath a writ in these words , viz. rex henrico , mandavimus tibi quod in fide quam nobis debes , sicut nos , & corpus , & honorem nostrum diligis , omni occasione & dilatione postpositis sis ad nos apud northampton die dominica prox ' ante pentecosten parat ' cum equis , & armis , & aliis necessariis ad movendum nobis cum corpore nostro , & standum nobiscum ad minus per duos quadrag ' ità quod infrà terminum illum à nobis non recedas , ut te in perpetuum in grates scire debeam . t. r. &c. and out of a close roll of the th . year of king henry the third , cites a writ of summons in these words . henricus , &c. reverendo in christo patri waltero eboracensi archiepiscopo , mandamus vobis quatenùs ficut nos & honorem nostrum pariter & vestrum diligitis , & in fide quâ nobis tenemini , omnibus aliis negotiis omissis sitis ad nos apud london à die sancti hillarii in quindecim dies ad tractandum nobiscum unà cum caeteris magnatibus nostris quos similiter fecimus convocari de arduis negotiis nostris statum nostrum & totius regni nostri specialiter tangentibus , & hoc nullatenus omittatis . t. meipso apud windlesorum . die decembris . subscribed with eodem modo scribitur omnibus episcopis , abbatibus , comitibus , & baronibus . and that the first that he found accompanied with the other circumstances of a summons to parliament ( as well for the commons as the lords ) is in the h. year of the reign of king henry the third in the form before-mentioned ( which by the dates of the writs were by sir william dugdale first of all discovered , or taken notice of to be during the said king's imprisonment ) by which he calls both the earls and barons to westminster ( no such words as the commons being called appearing either in the exemplar , or transcription of the former writs , or in that which mr. elsing hath left unto the world. in formâ praedictâ subscribitur abbatibus , prioribus subscriptis , &c. without any christian names , or additions formerly used . sub data apud woodstock . die decembris . in formâ praedictâ mandatum est comitibus , & aliis subscriptis dat' apud woodstock , viz. comiti leicester , comiti glou ' , comiti norff ' , & marescal ' angliae , comiti oxon ' , comiti derby , rogero de sancto johannis , hugo de spencer , justiciar ' angliae , nich ' de segrave , johanni de vescy , robert basset , g de lucie , & gilbert de gaunt , of which the earls of leicester , gloucester , norfolk , oxford , and derby , were notoriously known to be in open armes , and hostility against the king , the whole number of the temporal lords therein named , not amounting unto more than twenty-three , with a blanck left for the names of other earls and barons , which have not been yet inserted or filled up . and all the other which were in that constrained writ of summons , particularly and expressly named , were no other than h de le spencer justiciar ' angliae , john fitz john , nicholaus de segrave , john de vescy , rafe basset de drayton , henry de hastings , geffery de lucy , robert de roos , adam de novo mercato , walter de c●lvill , and robert basset de sapcott ; those which together with the then bishops of london , and worcester , symon de montfort earl of leicester , and steward of england , h. de boun juvenis , peter de monte forti , & s. de monte forti juvenes , baldwin wake , william le blond , william marescallus , rafe de gray , will ' bardoff ' richard de tany ( or tony ) robert de ●●teri ponte , made up the number of the opposite party to the king in the aforesaid reference to the king of france . and mr. selden hath observed , that the preambles sometimes so varied , that some eminent occasions of the calling of the parliament were inserted in the writs to the spiritual barons , that were not in those to the temporal ; and oftentimes no more than a general and a short narrative of the resolution of having a parliament , with much variation in the writs of that nature , with many differences of slighter moment , sometimes against making of proxies , and at other times a licence to make them , and sometimes in all a clause against coming attended with armes ; and saith that until the middle of the raign of king richard the second , when dukes , earles , and barons , were created by letters patents of our kings , that the names of the barons to be summoned to parliament , were written from the king's mouth at his direction and command ; and in that agreeth with mr. e●sing , who saith it was ad libitum regis , for surely none but the king can summon a parliament , and that is the reason that henry the fourth having taken king richard the second his leige lord prisoner , the twentieth of august , in the st . year of his raign , did cause the writ of summons for the parliament , wherein he obtained the crown , to bear date the nineteenth day of the same month , and the warrant to be per ipsum regem , & concilium , and himself to be summoned by the name of henry duke of lancaster . and the warrants have been divers , sometimes per breve de privato sigillo , but commonly per ipsum regem , or per ipsum regem & concilium . sect . xv. that the majores barones , or better sort of the tenants in capite , justly and legally by some of our ancient kings and princes , but not by any positive law ( that of the enforced charter from king john at running mede , being not accounted to be such a law ) were distinguished and separated from the minores , or lesser sort of the tenants in capite . for it could be no design in the framers or contrivers of his charter , to make any distinction betwixt the majores , or minores barones , of the kingdom ; or to leave to posterity a definition of either of them ; or a rule for after ages , for that would have unpolitickly very much disturbed and distracted that rebellious assembly at running mede , or could be likely to obtain any more thereby , as to their meeting in our kings great councels ( the word parliament being not then in use amongst us ) than to have a common councel shortly called to settle the manner of assessment of aides upon knights fees , and to that only end to summon the tenants in capite , which were not all of that sort , being not the majores or magnates then , and yet understood by our nation to be the barons long before , and ever since , at the good will and pleasure of our kings , usually called and summoned by them to their great councels upon urgent occasions ; the majores barones being to be there present to advise thereupon : which , for after assemblies of that nature , constantly to be holden , would have been very numerous , troublesom , chargeable , and dangerous , if the tenants in capite had been threescore thousand , as ordericus vitalis hath recorded them , or but thirty two thousand , as our great selden hath more probably estimated them : and although the learned sir henry spelman was enclined to believe , that the distinction betwixt the greater and lesser baronage , had its foundation in that charter ; and the learned cambden , from a very good authority as he thought , asserted , that king henry the third , post magnas perturbationes , & enormes vexationes inter ipsum & symonem de monte forti , ex tanta multitudine quae seditiofa & turbulenta fuit optimates quosque rescripto ad comitia evocaverit ; yet mr. selden saith , that in all that he hath met with since the making of that charter , he found no mention of any interest which those other tenants in chief eo nomine had in our kings great councels or parliaments , who doubtless were the persons that were excluded from it , and was perswaded to give little credit unto the author cited by mr. cambden , but rather to conclude , that not long after that grand charter of king john ( like enough in that time ) some law was made , that induced the utter exclusion of all tenants in chief from parliaments ; besides the ancient and great barons , and baronies ( which mathew paris saith , king henry the third reckoned to be two hundred and fifty ) and such other as the king should in like sort summon ; and that there were barons by writ , as well as barons by tenure , cites a testimony out of mathew paris , who speaking of king henry the third , saith , that in the twenty nineth year of his raign , rex edicto publicè proposito de submonitione generaliter factâ fecit certificari per totam angliam , ut quilibet baro tenens ex rege in capite haberet prompta & parata regali praecepto omnia servitia militaria quae ei debentur tam episcopi & abbates quàm laici barones , barons holding in capite , as if some held not so , which must be such as were barons by writ only . the tenants in chief being by those differences distinguished in their titles , possessions , and reliefs , were so much less in honor , than the greater barons , who had several writs at every summons , and all the ancient circumstances of the title of baron still remaining to them : it was the less difficult for those greater barons to exclude the rest wholly at length from having any interest in the parliaments of that time , under the name of tenants in chief only . and although in somewhat a different , and much inferiour manner to the majores barones , their number , greatness of provinces and estates , or near alliance in blood unto the crown , is not much unlike the distinction made in france of the douze pairs , not exclusively to the other baronage ; which our mathew paris , and their own authors will evidence , were not only before , but are there to this day continued as a degree of honor , different from the barones minores , or the vulgus or common people , much inferior to that lesser baronage ; yet the annalls and records of france , are not yet accorded of the precise time of the first institution of their twelve pairs , lately augmented to a much greater number . for du fresne is of opinion , that in the year . which was the th . year of the raign of our king henry the second , there was no certain number of the peers of france , narrat quippe rogerus hovedenus willielmum archiepiscopum remensem eundem regem unxisse remis , ministrantibus ei in illo officio willielmo turonensi & biturocensi & senonensi archiepiscopis , & fere omnibus episcopis regni henricum vero regem angliae de jure ducatus normanniae coronam auream qua coronandus erat philippus & philippum comitem flandriae gladium regni praetulisse , alios vero duces , comites & barones praeivisse & secutos diversos diversis deputatos officiis ( according to the long before used custom of the english at the coronation of their kings ) where divers of the greatest officiary and nobility ; as the constable , marshall , steward , and great chamberlain of england , cum multis aliis , one nation learning of another their customs and usages , did conceive it to be an honour fixt in their families by grand serjeanty : et rigordus eandem coronationem peractam ait , astante henrico rege angliae & ex una parte coronam super caput regis franciae ex debita subjectione humiliter portante cum omnibus archiepiscopis , episcopis , caeterisque regni principibus , ex quibus patet , saith du fresne , caeteros episcopos qui pro franciae paribus habentur , ea quae hodie non assecutos ministeria in ea solemnitate . proinde hand improbanda forte sententia qui parium francicorum duodecim virorum definitum fuisse tradunt a s. ludovico rege quos inter est iohannes a leidis lib. . ca. . itaque sanctus ludovicus rex franciae ordinavit in regno franciae constituens inde collegium seu capitulum qui haberent ardua regni tractare , scilicet duces & comites , & de ducibus sunt tres episcopi , & de comitibus sunt etiam tres episcopi . and l'oiseau a learned french-man giveth us an account of the erection of the pairs of france in these words , ils furent choisis selon la plus vray semblable opinion par loys le ieune du tout a la maniere des anciens pairs de fief dont parlent les livres de fieffs et ont aussi toutes les mesmes charges qu' eux a scavoir d' assister leroy en son investiture qui est son sacre & coronement et de juger avec luiles differens des vassaux du royame & ont les uns & les autres este ainsi appellez non pas pour estre agaux a leur seigneur mais pour estre pairs & compagnons entr ' eux seulement come l' explique un ancien arrest donne contre le comte de flandres au parlement de toussaints . rapp●rte par du tillet . ce fut pourtant un trait non de ieune , mais de sage roy lors que les duc's & com'tes de france avoient usurpe le souverainete presque entiere pour empescher qu' ils ne se separassent tout a faict du royaume d'en choisir douze des plus mauvais les faire officiers principaux , & commemembres inseperables de la couronne a fin de les ingager par un interest particulier a la maintenir en son integri●e mesmea empescher la des union des autres moindres qu' eux moyen que les allemans ont aussi tenu pour la conservation de l' empire par la creation des electeurs . ( which in process of time being long afterwards done by the aurea bulla , might not improbably have been instituted in some imitation of the douze pairs du france . and in anno . being the th year of the reign of our henry the d , the earl of flanders , and the earl of boloigne complaining that their lands had been seized and taken away , without the judgement of the peers , as by the laws of france , they , as was alledged , ought ; and when those their greivances were redressed , they would attend at the coronation ; howsoever blanch the queen regent , although the duke of burgundy , earl of champaigne , st paul britain & fere omnes nobiles ad coronam ( who may probably be understood such as more particularly did hold by some grand serjeanties to be performed at the inauguration of their kings ) did by the counsell of the popes legat , cause her son lewis to be crowned without them . and when st. lewis . the french king so called , whose saintship in our barons wars , had cost england very dear , could in a seeming friendly entertainment of our king henry the d at paris , wish with an outinam duodecim pares franciae had not done as they did in the forfeiture of normandy , & mihi consentirent certe amica essemus indissolubiles , but did at the same time adde , & baronagium , and might have understood that that judgment against king john denyed by the english to have any justice in it , was not given by the ● peers against him as duke of normandy , for he was one of the principall of them himself , and was neither present or heard . but whither that or their offices to be performed at the coronation of their kings , gave the rise or ground of that especiall peerage , the time when being something uncertain , for du fresne doubting of it , declareth , that quando the pairs of france redacti fuerunt ad duodenarium numerum non omnino constaet inter scriptores sane in confesso esse debat ab ipso seudorum origino vassallorum coronae franciae controversias a paribus suis fuisse judicatas & anno. . which was the th year of the raign of our king john , numerus parium franciae non fuit definitus . and that distinction of the majores barones & minores barones , mentioned in king johns extorted charter a● runingmede , whether then newly gained , as the learned sir henry spelman believed , or only put in practice by edward the first , a better defender of his crown-rights , then his father or grandfather , as others have with good probability conceived , may receive the better entertainment amongst all the friends and well-willers of truth and reason , when it shall be considered how much it corresponds with that more antient custome amongst the hebrews in a government , ordained by god himself , where the princes of the . tribes of israell , summo magistratui assidebant , nobilium ordo pro seminario munerum praecipuorum quia , saith besoldus , liberaliter educati sapientiores esse censentur , and therefore comites or earls , being antiently in the reign of charlemaine ( which was in anno christi . if not long before , perfecti provinciarum & qui provincias administrabant , were with dukes also and barons , not only in france , about those times , but in germany also ( whereas bodin saith , they did so spirare libertatem , as they 〈◊〉 it , on earth to be the utmost of their wishes and d 〈…〉 to obtain as much as they could of it ) inserted , and put in 〈…〉 the ma●ricula or roll of the states of the empire , et in comi 〈…〉 us suffragii habuerunt , and arumaeus as well as many other 〈…〉 hentick authors , are of opinion that it was pars liberta●is , a great part of the peoples liberty , and for their good , that deliberatio ordinum concilio et authoritate quorum periculores agitur suscipitur ; et qui apud principem et jura comitiorum u●a & perpetua privativa est mediata subjectio qua qui infectus est , nec comitiorum particeps esse potest , it being a rule or law in such assemblies , that they that sit there , or are to have voice or suffrage therein , were to hold immediately of the empire , and the reason of the first institution of the parliament of france , composed of the ancient nobility by the ancient kings of france , & pepyn , was , as ( pasquier that learned king advocate of france observeth ) inpartem solicitudinis , to assist their kings in the better management of their government , who did thereby communicate les affai●es publiques a leurs premier & grandes seigneurs come si avec la monarchie ils eussent entre mesler l' ordre d' une aristocratie & gouvernement de plusieurs personages d' honneur & ne se mettre en haine des grands seigneurs & potentats , and not draw upon them the envy of their great and mighty men . et estans les grands seigneurs ainsi lors uni se composa un corps general de toutes les princes & gouverneurs par l' adois desquels se vinderoint non seslement les differeuts qui se presenteroient entre le roy & eux , mais entre le roy & ses subjects ; and the great lords being so united , composed and made one generall body of all the princes and governours of provinces , by whose advice and councell , not only the differences which should happen between the king and them , but betwixt his subjects , and were to be in extraordinary concernments of the kingdom determined et estoit l' usance ; de antiens roys telle qu'es lieux ou la necessite les summomot se uvidoient ordinairement les affaires par assemblees generals des barons ; and accordingly by the direction of right reason , or of that or the more ancient government of the greeks , in their great councel of amphiction , or of the romans in their empire ; where in suis constitutionibus prohibitum fuit ne portae dignitatis vilibus personis paterent quas ipsa remana respublica plebeis cum sui destructione aperuit ut in ipsos senatores imo tandem consules insurgerent particularia jura ( plebiscita ) pro plebe formarent tandem sibi summam potestatem sub tribintia authoritate arrogarent & factionibus in contrarium motis rempublicam perderent ; and our saxon kings could neither think they wronged themselves or their subjects , to call to their assemblies and great councells , for the redressing of grievances and enacting of laws , their regni scientissimos & aldermannos , governours of provinces , so as they which have had any conversation with tyraquel & nolden de nobilitate , cassanaei catalogus gloriae mundi , l'oyseau in his books de seigneuries & de droit des offices , du fresue's glossar , our seldens titles of honour , sr john ferues glory of generosity , & sr henry spelmans glossary , may find , as l'oyseau saith , that there are simple nobles , & hautes grauds & moindres seigueurs publicquees et privees , and they may loose more credit then they are likely to get in making such a stir to metamorphose pigmies into gyants , and gyants into pigmies , & procure their proselites or fellow-undertakers , if they can , to believe that all the world hath been since the creation therof , greatly mistaken beside themselves . howsoever if that will not accomodate their levelling humors and designs , they will make an essay to entice others to invade their sovereigns rights and authority , although they themselves should miss of their mark or aim , intended by putting the majores barones in mind , that they have a co-ordinate or compulsive power in their kings great councells , more then deliberative or subordinately judiciall , when there will be evidence enough against it , and the parliament-rolls and records , will ( if well observed ) afford ensuing plentifull proofs and instances thereof . principes comites & barones imperii alique ordines non tantum minora cum provinciis et territoriis sibi in feudum datis sed et ex majoribus illis quae re haud innania capiunt , as our william the conqueror did in his grant of the earldome of chester teneud ' ita tibere per gladium ut rex tenet angliam per gladium , and that earl and his heirs had diverse barrons under him of their own creation . and one of the said earls granted the earldom of lincoln to his sister hawisa and her heirs , the bishoprick of durham as a county palatine aver justice haute & basse subordinate to the king ; and in like manner was the dutchy of lancaster granted by our king edward the . § . . incorporales res apud omnes quoque gentes in feudum dari receptum et jura appellantur haec res immobilium jure censentur arg . l. . de servis idque plenius & planuis intelligi potest . sect . proced . n . & . similiter venatio quoque expresse in feudum dari potest ( as our free-warren ) & tunc licet fuudus in venatione non consistat id est propter eam non habeatur venari potest vasallus & quod teperit ipsius erit , l. . sect . . l. . f. de usufr. successio etiam alia ex testamento alia ab intestato liberis deficientibus e latere conjuncti veniunt , whence proceeded the power of the tenant in capite granted king henry the . by act of parliament , to dispose of parts of his lands , reserving a part to the heir and administrations de bonis intestati , were anciently ( as mr selden saith ) granted by our kings or lords of manors derivatively from them , . e. . quia emptores terr . the statute . . e. . compelling men of l. per annum , to take the honour of the knighthood , . e. . de homagio faciendo , cum multis aliis . and those together with the before-mentioned feudall laws have been so fundamentall to our laws and customs of england , and which hath been called our common law , as it hath been rightly said to be velut ossa carnibus , and so incorporate in the body thereof , as it runneth like the life-blood , through the veins , arteries , and every part thereof , circulating to the heart the primo vivens & ultimo moriens of our heretofore , for many ages past , in our very ancient body-politick and monarchick , attested and every where plainly and visibly to be met with , seen , and understood , not only in and by our glanvill , bracton , britton , and fleta , together with our annalls , historians , and records ; the latter of which as unto matter of fact do never lye or speak false ; but is and hath been written , said and practised , by , in , and amongst the most of europaean nations of germany , france , and spain , if we reade and consider well the books of their learned lawyers , when too many of our now effassinated nation , will not take the pains to look into former ages , or if at all , beyond our inexpiated & late rebellious age , beginning at the year . but scorn at solomons large , just , and well-deserved commendations of wisdom ; and esteem the prophet jeremy , inspired by god to be no other in his councel or advice , state supervias antiquas & inquire veritatem , then a fopp or a grave thinking coxcomb , and to be told to his face , as the prophet jeremy was , say what thou wilt , we will not hear thee . and it may be to our sorrow be made an addition to our heretofore seven wonders of england , that our littleton , and sir edward coke his adoring commentator , should draw the water , and have so little or no acquaintance with the fountain , from whence it came ; and all our year-books , and law-reports should allow of so many of our feudall laws , and not cite , or quote , or tell us from whence their originall came in : insomuch as littleton as sir edward coke relateth , speaketh of the kings prerogative but in places in all his book , viz. § . . . and in both places saith , it is by the law of england , and sr edward coke that gave in some of his books , that good and wholesome advice , petere fontes & non sectari rivules , should not ( as he fondly did ) have built altars , & sacrificed his otherwise to be well esteemed abilities , to the reasonless and notoriously false and vain figments of his so much adored modus tenendi parliamentum , and the mirrour of justice , and it can be no less then a marvail , that so learned a councell at law and state , as that great and excellent queen elizabeth was so blest with , should permit her to afflict and torment her mind , in the taking away the life of her cousin mary queen of scotland for treason , who had fled unto her for protection , against the persecution of her rebellious subjects , who had driven her out of her own kingdom ; and was by some ill-affected english made use of in some of their plots and conspiracies , which were then made or contrived , by the advantage of her being here , against their sovereign and her royall government ; upon a designed marriage betwixt her and the duke of norfolk , and to endure the menaces and threatnings of some forreign kings and princes her allies , to avenge her death as a common concernment , ( which his now majestie , and his blessed father , the royall martyr for his people , could not in all their many distresses find any amongst their great allies and kindred , that would do any thing more then to make their own unjust advantages by an early complying with their adversaries ) when the justice of that her unwilling action in the silence of our best and most learned annalists and historians , ( who brobably might in that and other matters of our laws , think our feudall laws to be as unnecessary to be proclaimed in england , as that there is a god , when every one should believe it ) might have easily proved & demonstrated , the sentence & condemnation of that unfortunate queen being a feudatory of our queen elizabeth , and holding her kingdom of scotland of her by ancient tenure in capite , homage and fealty , of and under her crown of england , to have been agreeable unto those laws , although very unhappy unto the necessity of the one in the causing , and the other in her suffering under it : and that so many of the kings council in the law , that should be more than the carved lyons about solomons throne , if they would but read the learned b●oks that have been written by some learned gentlemen and divines in the defence of the kings just rights from the bars of our courts of justice to the bench , and from the bench to the bar , should take so little notice of those our fundamentall laws , as only to entitle the kings ancient monarchick rights to no better a foundation and originall , then that which the miserable seduced and infatuated common people shall be pleased to call prerogative , as if it were some new word or term of usurpation or tyranny , to be maligned , bawled , and bayted at , by the silly rabble ; or as if the name of prerogative made every thing unjust that the king or his ministers have either done , or shall do ; and some of the causes ( for reason amongst many of the effascinations which like the egyptian darkness hath almost covered all our land of egypt ) is a word too good for it , may be the mischeivous quarrell betwixt our common lawyers and civill or caesarean lawyers , not reading or understanding so much as they should do , the venerable mother of that which they would call the common laws ; when at the same time they can be content to make use of their excellent rules and maximes in many of their pleas , arguments , books , and reports , as so many faithfull guides and directions . and for further satisfaction unto , and as far as a demonstration from what original the most of our fundamental and principal laws tanquam a fonte purissimo , the purest fountain of right reason , have proceeded , been fixt and continued amongst us , the particulars of the feudal laws following , not before mentioned , will ( if rightly considered ) abundantly illustrate and declare , when the feudists or fendal lawyers may assure us , that the feudal laws being as a jus gentium of all the northern nation of europe , from or out of which england , scotland and ireland , with their adjacent isles and territories are not , or ever yet were to be excluded . in the company whereof , attended also as the fidus achates the trinoda necessitas or expedtitiones castrorum & pontium reparationes ; from which the bishops and clergy by themselves or others , were not to be excused , raysing of forces at the countries charges ( which the preservation of their lands , that were given them for that service , besides the obligations of their oaths , and gratitude strictly oblige them unto ) making provisions for the war , for the victuals and the wages of military men , as well at home as in forreign expeditions , for the defence of the kingdom and state ; together with the arrogationes auctoritatem dare , l. . f. de adopt . sect. c. . or give licence to adopt ( as our king stephen did king henry the ii. ) which together with our licences & pardon of alienation , and fines paid for the neglect thereof , courts-leet and baron , ancient demesne , free and copyholders , and fines certain or uncertain , at the will of the lord , prescription of ancient custome and usage not mala in se , villani bordarii manucaption satis datio or baile , fribergh , tithings , sheriffs turnes or county-courts , hundred-courts , and our communia concilia or parliaments , upon urgent and special occasions , concerning the defence of the kingdom , and church of england , and the advice of the lords spiritual and temporal to be had therein . wardships , marriage , advowsons , patronage of churches , license of widdows of tenants in capite , to marry , seizures ouster les maines , liveries or investitures , primer seizen ; forfeiture of portion upon marriage tendered and refused , respite of homage , priority in suing for debts , ann. diem & vastum . power to amend , wave , or charge his demurrer , to imploy coroners , escheators , and feodaries ; issues aut diem clausit extremum stay other mens actions with a rege inconsulto ; kings silver or money to be paid pro licentia concordandi , writs of per que servitia cessavit per biennium de coronatore eligendo de advocatione , and the assessments of escuage quare impedit & de viridario eligendo in parliament . writs of couge de eslire evesque . writs of recordare or accedas ad cariam , writs of prohibition distringas de excommunicato capiendo ; our juries or tryals in matters of controversies per pares , our writs de odio & atia ne injuste vexes , writs of novell disseisiu , or of entry and redisseisin or triall by battell , or judicium dei fire deal or ordial , writts de nativo habendo certiorari de proprietate probanda cum multis aliis , mentioned in that authentique book of our laws called the register of writs ; and even almost the whole frame and context of our laws do ( besides the laws and statutes made by our kings and princes , and the reasonable customes and usages of the people , indulged or allowed by them ) plainly bear and declare the idea , effigies , and lively portraict of the feudall laws planted and established as they ought to be in this our heretofore more happy islands ; distinguishing estates in lands granted inter feudum nobile & plebeium : from the former of which , our nobility and bishops have derived their privileges of freedom from common process of arrest , and even the widdows of the nobility , together with the precedency of the sons and daughters of them ; and our kings have enjoyed the privilege of protecting the persons of their servants from personall arrests , which they may certainly as justly and lawfully do , as the members of the house of commons , and their servants ; and that of the house of peers in parliament do and have none in the times of parliament , and it should not be unobserved or unknown by or unto our later lawyers of england , that the ancient and usuall forms of our declarations and pleadings at law , have been and are , that the plaintiffs or defendents were or are seized in dominico suo ut de feodo simplici aut talliato , and that our laws have or had ab antiquissimis seculis , or ages , a great mixture of the feudal laws , which the people esteemed to be a part of their happiness , untill this our last mad age of rebellion , faction and sedition , had taught our english copy-holders to esteem their tenures to be a norman slavery , wherein the charity and good-will of their landlords have continued to their generations , yet notwithstanding have by length of time converted their kindnesses into a villanous custome of ingratitude . and as the civill law had before done inter patrones et clientes , the patritii or nobility esteemed it to be a disparagement to intermarry with the vulgar , who could not for a long time , and without much strugling , be admitted into the magistracy ; ( as livy and other good roman historians have assured us ) but were as a seperate part of the people , glad to be content with their tribuni plebis to intercede with the senate , to make good and wholsome laws , or abate the rigour or severity of any of them ; so far were they from ambition or any designs of intermedling above their incapacitated spheres , or incroaching upon the kin●●y government ; as if simon montford , and his fellow-rebells , had by force put upon king henry the d. in the th , year of his reign , taught them the way unto it , not as he did , by force , but by degrees and sly insinnuations , working upon the indulgence or necessities of their princes , but might have tarryed long enough , and beyond the longest period of time , before our feudal laws would have given them so much as a leave or licence to attempt it . however if that will not do , those novillists , or hatchers of new & unwarrantable doctrines , will to work again , & limbeck their fancies , to vent the only vapours of such imaginations , or what can be extracted as some elixir proprietatis , elixir vitae , or salutis , to be purchased at their own & others costly enough rates and prices , so as they may be instrumentall and subservient to their wicked , and seditious designs , of subverting the monarchy , and deluding the people . and their men of more faction then wifdom , law , right , reason , or evidence . sect . xvi . that the general councels or courts mentioned before the rebellious meeting of some of the english baronage , & the constraint put upon king john at running mede , or before the . of h. . were not the magna consilia , or generale consilium , colloquium , or communia consilia now called parliaments , ( wherein some of the commons , as tenants in capito , were admitted ) but only truly and properly curiae militum , a court summoning those that hold of the king in capite , to acknowledge , record and perform their services , do their homage , and pay their reliefs , &c. and the writ of summons , mentioned in the close rolis of the th , year of the reign of k. john , was not then for the summoning of a great councell , or parliament , but for other purposes , viz. military aids and offices . which withall their strains , conjectures , or alchimy of abused wit , will never be able to make the writ , which mr selden found in the close role of the th , year of the reign of king john , to be any patern , or to have any resemblance with the writs of summons , framed by simon montfort , and his rebell-party , in the time of the imprisonment of king henry the d , in the th , year of his reign , having no other then these words , viz. rex vit . oxon , precipimus tibi , quod omnes milites ballivae tuae , qui summoniti fuerunt , esse apud oxon ad nos a die omnium sanctorum in quindecim dies , venire facias cum armis suis , corpora vero baronum sine armis similiter , et quatuor discretos milites de comitatu tuo illuc venire facias ad nos , ad eundem terminum , ad loquendum nobiscum de negotiis regni nostri , & meipso westmonaesterium , . die novembris , and not the th as mr. selden hath mis-recited the dates thereof . et eodem modo scribitur omnibus vice comitibus , which writs , he saith , seemeth to be a summons to parliament at oxford , by the strangest writ of summons , and without example , that he had been , and was ever-willing to prove the distinction , betwixt the barones majores & minores , to have its originall or foundation about that time : whereunto pace tanti viri i may not subscribe , for that it is more likely to be but a military summons , much of that roll being busied in writs of summons of array to the ports and others against a feared approaching invasion of the french , to whom the pope had given the kingdom of england , and so many tenants in capite would have made too great a number to appear in a parliament or great councell , and have been much fitter for a muster , and to come with arms was not parliamentary , and there was nothing like a distinction in that writ or summons betwixt the majores and minores barones , for they held in capite also as all the other did , and the quatuor milites out of every county might all or some of them hold in capite , and if it had been to a parliament , the barons would have had particular writs of summons directed unto them , and the praelates also , who were usually summoned at the same time , and as other of the baronage would have taken it ill to be driven to their duties by sheriffs authorized by writs of venire facias , and samuel daniell much disagreeing with mathew paris therein , gives the reason of those writs , and that intended great assembly to have been only the great care of king john , to gather all the force and strength he could to march with him to dover , to resist the french , and to that end having before summoned all earls , barons , knights , and who else could bear arms , to be ready at dover presently upon easter , furnished with horse , armour , and all military provision to defend him , themselves , and the kingdom , against the intended invasion under the penalty of culverage , which was perpetuall shame and servitude . whereupon so great numbers came , as for want of sustenance , being returned home , he retained only some of the more able sort , which amounted to the number of . and some of the writs or commissions of array sent to the ports had a clause therein , & unusquisque sequatur dominum suum , et qui terram non habent & arma habere possint ( as mathew paris hath it ) illuc veniant ad capiendum solidatas regis , and the words corpora vero baronum sine armis , in the writts of resummons of the more speciall part of the men formerly summoned , having nothing of the penalty of culverage , might be well understood to be , that the barons , who were not to be arrayed by sheriffs amongst common soldiers , were in such a case of extremity to be desired to be there sine armis to encourage , and lead on those that held of them . and they with the quatuor milites discretos , were besides ad loquendum cum rege , which being to be without burgesses , and not ad faciendum & consentiendum to those things which the king and his councell of praelates and barons should ordain , can arrive to no nearer a resemblance , of the forced writts of the elections of some of the commons , to come to a parliament in the th , year of the reign of king henry the d , then knights of every shire , without burgesses , do unto . with as many burgesses out of every city and burrough , some citys having a county appertaining unto it ( but are not many ) and sending four , whereof were to be for the connty and for the city , and as little resembling in the business or matters for which they were to come , as ad loquendum de negotiis regni cum rege , doth with ad faciendum & consentiendum to such things as the king and his councell of barons , lords spirituall , and temporall , should in parliament advise , and ordain . in the first year of the reign of king henry the . when no acts of parliament are found to have been then made , that king directed his writ to the sheriffs of devonshire , and unto all his sheriffs of the counties and shires of england , quod venire faciat usque oxon , a die iovis prox . post nativitatem sancti johannis in tres septimanas , archiepiscopes , episcopes , abbates , priores , barones , com : omnes , milites , libere tenentes , & omnes alios qui servitium nobis debent , equis & armis , cum fideli nostro will. marist . & aliis magnatibus de consilio nostro , quae eis praeteperimus , & hoc , sicut honorem suum & sui indempnitatem diligunt , nullatenus omittant , teste com. apud glouc. and in a writ directed to the sheriff of berks , commanded him , quod venire fac . usque oxon. die dominica prox . post festum sancti petri , ad vincula totum servitium , quod archiepiscopi , episcopi , abbates , & viri religiosi , com. & baron . & omnes alii de balliva tua quaecunque fuerint nobis debent ; venire fac . illuc ad diem illum similiter , omnes illos de baliva tua , qui non sunt homines praeditorum , & per catalla eorum & alia jurati sunt , promptos , & paratos ad eundum in servitium nostrum , quae eis praecepimus , quae &c. t. apud oxon. so as it may , with some confidence be asserted , that the commons of england , otherwise then comprehended in the authority , votes and suffrages of the nobility and bishops , had before the imprisonment of h. . as aforesaid , no summons by election or otherwise , to come unto the great councels , or parliaments of our kings or princes : wherefore they must be more then a little confident , of their art in tentering other mens judgments and opinions , to affirm with any probability , that the commons , or any elected number of them , either in the now mode of election , or that which had its first creation in the imprisonment of king henry the . otherwise then as he , or the former kings did sometimes use , as they pleased , to call some of the more wise and able of them for advice or information , as king john did ad loquendum , or as king henry the d. in the th , year of his reign , did call the londoners to westminster , about taking upon them the cross , and attending him in those wars , representing in that particular only , their own estates , or qualities . when in a parliament holden by the queen , and her councell , in his absence in france , in the th , year of his reign , though mathew paris , and mr daniel have given us no intimation of a parliament then holden , ( wherein do not appear to have been any commons or house of commons ) the lords gave an aid by themselves , the clergy doing the like , as is evidenced by the following records in these words , viz. rex dilecto & fideli suo willielmo de oddinggeseles salutem , cum venerabilis pater b. cantuariensis archiepiscopus , episcopi provinc . cant. r. com. cornub. frater noster , r. com. glouc. & alii com. & barones in quindena sci . hillarii jam praetoriti apud london , coram dilecta regina nostra & consilio nostro commorante in anglia , constituti nobis promiserunt liberaliter & benigni facere auxilium decens & perutile , viz. quidam prelati in propriis personis , & quidam in pecunia ; comites vero & barones in propriis personis suis , potenter contra regem castelliae , qui terram nostram vasconiae in manu forti in quindena pasche proxime futur , hostiliter est ingressurus , vos ex toto corde requirimus , quod sicut supradicti commites & barones nobis promiserunt quod erunt london a die paschae prox : futur in tres septimanas parati & bene muniti , sine ulla dilatione versus vasconiam ad nos personaliter movere ; vos ad dictas diem et locum modo consimili veniatis omni occasione & dilatione postpositis , ad tendendum versus portesmum cum praefatis magnatibus , ad transfretandi cum eisdem ad nos in vasconiam , et hoc , in fide qua nobis tenemini , vobis firmiter injungimus , & sicut honorem nostrum , & indempnitatem corporis nostri diligitis . t. per reginam . die febr. et mand . est per henr. regem in an. . regni sui archiepiscopis et episcopis totius angliae , quatenus cum festinatione omni convocent omnes abbates et priores suae diocesis cujuscunque sint ordinis , inducentes modis omnibus quod nobis in praesenti necessitate subveniant , manu lar 〈…〉 lua ; ne per defectum ipsorum vel aliorum corporis incurramus periculum , et terrae nostrae jacturam , quod absit , quia id verteretur in vestrum ipsorum opprobium sempiternum , sic igitur vestra vigilet discretio circa praedictum auxilium tam a vobis deferendum quam a subditis vestris per quirendum , quod futuris temporibus vobis & ipsis simus non immerito obligati . proviso quod praefatum auxilium habeamus apud westmonasterium in quindenam pasche proxime futuram sine defectu , & hoc sicut nos & honorem nostrum , nec non & indempnitatem corporis nostri diligitis , non omitatis . dirigitur etiam litera ista archiepiscopo cantuar , cum hac clausula , & quod ordinariam jurisdictionem exercetis vacante sede in episcopatu linc. vos requirimus affectuose quatenus officiariis vestris et archiediacono ejusdem episcopatus scribatis , attente quod tempestive convocent omnes abbates , & priores ejusdem episcopatus , cujuscunque sine ordinis ad certos dies & locum abducentes eos nudis omnibus quod in hoc necessitate vestrae concilium nobis faciant subventionem . and the failing to perform military services was afterwards by the statutes of . e. . ca. . & . e. . ca. . made so penall and fixed upon them , as after a cessavit per biennium in the performing of their service , the king or chief lord might by writs ordained to be granted out of the chancery , demand and prosecute to recover the same , and such tenants after judgments had against them were to be for ever barred to demand , or enjoy the same , and where either the king demands escuage of his tenants , or the mean lords demands escuage of their tenants , it was to be assessed in parliament , and proved or disproved by certificate of the marshall of the kings host , who is enabled thereunto by his roll kept for that purpose . when in parliament , the members of the house of commons either holding lands , in capite , or of mesne lords , by knights service , were not upon denying to grant subsidies , or aydes to the king , to forfeit or lose their lands , according to the aforesaid acts of parliament or otherwise . and such kind of courts for lands holden in capite or by knights service , should not by the most ordinary and mean capacities , be understood to be one and the same with the great court or councell of parliament , which many times by the power and authority of the king in that his highest court , corrects , and rectifies the defaults of the other . our high courts of parliament , having the judges of the land subordinate to their prince , whether they have lands holden in capite or no land , summoned by his writs to give their councell and advice as to matters of law , and the ancient customs of the kingdom , wherein the king is attended with his great ministers or officers of state , as the lord chancellor , treasurer , privy seal , great chamberlain of england , lord steward , and chamberlain of his houshold , and lord admirall , whether of the degree of barronage , or holding of him in capite , or not , with other great & solemn formalities becoming the honour and state thereof , with which that most honourable assembly is accompanied , greatly different from those lesser courts or councell of summoning and calling together , those that were only proper or obliged to actions of war , or to know how their services were performed , when our parliaments being summoned to treat and advise of matters , concerning peace and the defence of the church , and de quibusdam arduis only , and have sometimes no matters of war consulted thereon . those military councells , anciently summoned for service in war and defence , being in a very different form from parliamentary councells , as for further satisfaction may be manifested by the writs aforesaid . and was no more then what every earl and baron had in their courts and jurisdidictions , when they summoned the tenants , holding of them by knights service , to their courts of honour , or their honorary possessions which were in our records frequently stiled , as the honors of eagle , eye , leicester , hedingham , penerel , arundel , &c. to which purpose they had their escheators , feodares , and stewards to preside , or officiate therein , subordinate unto them , when they called their tenants together either to ayd , ride , or go along with them in the wars and service of their prince and country , or to pay them their reliefs or ayds , pairfile marier , which the law interpreteth to be only the elder , or to make the eldest son a knight , or to do their homages , or pay for the respite of them , and to give the lord to understand what alienations had been made of the lands holden of him , whereby to entitle him , and those that did hold of him , to the benefit of the statute of quia emptores terrarum . and altogether dissimular to that of the parliament first begun , with those few of the commons , which adventured to come unto it in anno. . h. . when he was a prisoner in the custody of montfert earl of leicester a powerful rebell , discontinued and interrupted , as rebellious designs ought to be , after his release , untill king edw. the . found it convenient to make use of that kind of writ of summons to ballance the then swelling power of some of his over-unweildy baronage . for in the former or those great councells or parliaments that were before the th year of the reign of king h. d. the lords spiritual and temporall took upon them the care & charge of the commons , as included in themselves , as their subjects , they being by that then first kind of writ only elected to consent & yield obedience to such things , as the lords , not themselves , should ordain ; for had it been ( as it never was ) otherwise , it would have been altogether ungatory and ridicule , to allow a power to the commons to ordain , when they were impowred only to assent unto and obey , and cannot at all be understood to obey , and be subservient to that which themselves had decreed , the lords spirituall and temporall , untill the king had given unto what was advised by them , his royall sanction and assent , being not at all obliged to any obedience thereunto . and untill the statute de tallagio non concedendo , without the assent of the lords spirituall and temporall , and the commons in parliament assembled , was by king e. . assented unto , had nothing to do in the granting of ayds and subsidies in parliament concurrently with the lords spirituall and temporall , in the aforesaid writ of . h. . is said to be for to supply their own necessities as well as the kings . but in the military courts , which were as aforesaid summoned by king john or any other of our kings before . h. . the knights or those that held in capite , or knights-service , that should fail to do their services , was to forfeit their lands so holden , and be in the kings mercy , or pay escuage , which though it were to be assessed by parliament , was not then understood to be a parliament composed of an house of commons , but a parliament after the ancient way , consisting only of the lords spirituall and temporall , the kings great officers of state , judges and councell . which our kings and their councell both generall and speciall , were not ignorant of , either as to its right use , or necessity , for publique good or preservation , when king john being rightly informed , and in fear enough of an invasion intended by the king of france , his profest and known enemy , et de omnibus quae in transmarinis partibus agebatur edoctus , did not only inbreviare omnes naves , universis portubus totius angliae per brevia sua sed alias literas universis vicecomitibus regni sui misit et direxit sub hac forma , johannes dei gratia rex angliae , &c. summone per bonos summonitores , omnes barones , milites , & omnes liberos homines , & servientes , vel quicunque sint , vel de quocunque teneant , qui arma habere debent , vel arma habere possint , & qui homagium nobis , vel ligeantiam fecerunt , quod sicut nos & seipsos & omnia sua diligunt , sint apud doveram ad instans clausum paschae , bene parati cum equis & armis , & cum toto posse suo , ad defendendum caput nostrum , & capita sua , & terram angliae , & quod nullus remaneat , qui arma portare possit , sub nomine culvertagii , & perpetuae servitatis , ( when both in england and france , nihil magis quam opprobrium significavit ) et unusquisque sequatur dominum suum , & qui terram non habent & arma habere possint , illuc veniant ad capiendum solidatas nostras , & tu omnem attractum victualium , & omnia mercata ballivarum tuarum venire facias , ut sequantur exercitum nostrum , ita quod nullum mercatum de ballivis tuis alibi teneatur , & tuipse tunc sis ibi cum predictis summonitoribus , & scias , quod scire volumus quomodo venerint de ballivis tuis , & qui venerint , & qui non & videas quod tu ita efforciate venias , cu 〈…〉 equis & armis , & haec ita exequatis , ut inde ad corpus tuum nos capere debeamus , & tu inde habeas rotulum tuum , ad nos certificandum qui remanserunt . whereupon , saith that historian , his ergo literis per angliam divulgatis , convenerunt ad maritima in locis diversis , homines diversae conditionis , et aetatis , sed cum per dies pauces tantae multitudini victus defuisset , remiserunt ad propria , principes militiae , ex inormi vulgo copiosam multitudinem milites solummodo servientes , & liberos homines cum balistariis & sagittariis , juxta maritima retinentes omnibus , igitur congregati ad pugnam aestimati sunt in exercitu apud barham d●nam inter milites electos & servientes strenuos , & bene armatos sexaginta millium virorum fortium , quibus si er ga regem angliae & defensionem patriae cor fuisset & anima una non fuisset princeps sub coelo contra quem regnum angliae se non defenderet . and it was no mervail to the people of england , who then had not learned to be affraid or make bug-bears of publique good , or kick and winch at every thing that tended that way , when king edward the first in the th , year of his reign , citari fecit omnes qui sibi servitium debebant , caeterosque omnes qui viginti libratas terrae & amplias tenebant , ut parati essent londoniis in festo sancti petri ad vincula cum equis & armis transfretaturi , cum eo & regis stipendiis militaturi . and do very much differ from a writ to summon the lords spirituall and temporall to parliament , as ad colloquium or consulendum , does from coming parati cum equis & armis which the ancient cares and usage of parliaments , since that over-powerfull , and unhappy designs of some unruly barons coming in arms to the parliament at oxford , in the . year of the reign of king henry the . and the sad consequences thereof taught our kings to take heed of it ever after , by prohibiting the coming to parliaments with arms , and differs no less from the purpose , tenour or purport of the writs , or commissions to elect knights of the shires , citizens and burgesses , which had their first originall and commencement to come to our parliaments , in anno. . of king henry the . when that king was a prisoner to an army of rebells , & was not then untill after a long intervall of time in anno. . e. . re-continued sub eadem fo 〈…〉 a , which was in no other tenour , or to any other purpose , then ad faciendum & consentiendum iis to those matters or things , which the king by the councell and advice of the peers viz. the lords spirituall and temporall should ordain , and although there have been ab ultima antiquitate great councells or parliaments . now , although not formerly , called parliaments in this nation or kingdome , yet they were not materially or formally the same , and if it could be proved that the members thereof consisted of . estates , besides the king their sovereign lord , before the th , year of the reign of king henry the . which all our parliament records do deny , yet they that were admitted or came under the elections , illegally forced writs and designs of montfort , and his rebellious partners , by their then only newly contrived house of commons , can never entitle themselves to the same origene , identity , purpose and usage of our former parliaments , before that house of commons in parliament were admitted to consent unto and do what the king by the advice of his lords spiritualand temporall therein should ordain . and there might be allways reason enough found , that there should be a distinction betwixt the great councells of parliament , which were not only for extraordinary emergencies touching the defence of the kingdom , and church , and redress of grievances in civill affairs and contingencies , and that which was for military aids and services , for saith our old and learned bracton , in rege qui recte regit necessaria sunt duo haec , arma videlicet & leges quibus utrumque tempus bellorum & pacis recte possit gubernare , utrumque enim illorum alterius indiget auxilio , quo tam militaris res possit esse in tuto , quam ipsae leges usu armorum , & praesidio possint esse servatae , si autem arma defecerint contra hostes , rebelles , & indomitos sic erit regnum indefensum , sic autem leges sic exterminabitur justicia nec erit qui rectum faciet judicium . and our kings , whose royal progenitors had heretofore all the lands in england holden of them in capite , might , in their greater concernments , better deserve to keep their seperate and particular military courts for aids and services , then those many of their subjects do , that would be unwilling not to be allowed to do it in their own estates , which had no other fountain or originall then the bounty and indulgence of their kings and princes ; and bracton hath inform'd us , that quod ille homagium suum facere debet obtentu reverentia quam debet domino suo , adire debet dominum suum ubicunque inventus fuerit , in regno vel alibi , si possit commode adiri , et non tenetur dominus quaerere suum tenentem . and in the homage , secundum quosdam , there is to be salva fide debita domino regi & haeredibus suis. et quod faciet servitium debitum domino suo , & haeredibus suis , & non debet homagium facere privatium , sed in loco publico & communi , coram pluribus in comitatu , hundredo , vel curia , ut si forte tenens per malitiam homagium vellet dedicere , possit dominus facilius probationem habere de homagio facto , & servitio recognito . which with the aid of tenures , and feudall laws , and the homage & services due from the subjects to the crown , their oaths of allegiance and supremacy , and our many and excellent laws for self-preservation , and publique safety did so firm , and fix the militia , and jus gladii in our kings and princes , ordained and appointed by god , for the execution of justice , defence , and protection of the people , their religion , persons , lives , laws , liberties , and estates , as they that would by perverted , wrested , and falsly concluded arguments overturn our government , and have labour'd by all the shifts and falsities , which the devill and his imps could contrive and furnish , to propagate their designs , and principles of wickedness and confusion , may find that all the laws , records , annalls , and historians of the kingdom do assert , and prove the jus gladii to appertain to none , but our kings , and that the attempt to take it from them hath been ever accompted and punished as a rebellion ; and that they are not masters of their wits , or are lunatiques without intervalls , that can think their industry and pains well bestowed , to go about to prove that there ought to be , or ever was an allegiance oath , or homage made or taken to the people universally considered , or was unto them due or could be by any right rule of law , custom , or right reason , claimed by them or any way appropriate unto them . unto which well known and allways due rights of our kings and princes , were very subservient those great aids and support of the kingdom , the knights fees and lands , held of our king in capite , the strength and honour whereof , could neither well be preserved , called upon , or certified unto our kings in their exchecquer , as the book called the red-book , in that court , kept only for that purpose , will inform us , without an often summoning those necessary and useful courts , or keeping them from a disuse , which heretofore were wont to serve as prognostiques or indications , or a feeling of the strength and pulse of the kingdom , by our kings and princes , the careful phisitians thereof ; the neglect whereof by the dissolution of the abbies , monasteries , and religious houses , and those large quantities of lands being no less then a fourth part of the kingdom , and the parcelling thereof into small quantities , afterwards granted with a tenure in soccage , and our kings granting of other great quantities of the monastick manors and lands , to be holden in free and common soccage of the king , as of his manor of east greenwitch , together with the carlesness of the court of wards and liveries , and the eascheators and feodaries of the after ages , so little minding their duties and oaths , as if one parcell of lands were by a jury found to be holden in capite , they were well content to suffer all the rest to pass with a per quae servitia ignorant , and the carelesness in the levying of fines , and not suing out of writs , in such cases accustomed called per quae servicia , which , if the tenures in capite and by knight service had not been so ever to be lamented unhappily exchanged , for a moyety , after the kings decease , of a corrupt and unwholsome drunken excise , those terms in capite with their military aids and services , the quondam strength and glory of our kings and nobility , would have dwindled and shrunk into a consumption and tabes , of our heretofore gigantine body politique , and have for a great part by themselves , without the so often murmuring and unwilling taxes and assessments been too weak or feeble to preserve their grandeur , and protect and defend them and their peoples properties , trades and interests , from domestick disturbances and forreign invasions or injuries . howsoever rather then want a shift , or that which they would have to be called truth and reason , when it can be neither of them , they think something may for their purpose be picked out of old bracton , to help in a case of necessity , & & it were a pity , that the best cause of god , as they call'd it , should be lost , for want of a little help to support it , & therfore rather then suffer it to sink and perish , every one that was well affected and a well-willer thereunto , should make use of all the contrivances imaginable , and do all that they can to perswade and believe , otherwise it will conduce to little purpose . sect . xvii . that the comites or earls have in parliament or out of parliament , power to compell their kings or sovereign princes to yeild unto their consults , votes , or advices , will make them like the spartan ephori , and amount to no more then a conclusion without premises or any thing of truth , law , or right reason to support it . but the straw and stubble upon which the late long parliament-rebellion hath built a great part of their wicked and godless pretences by misusing and ill understanding of a piece of our learned bracton , snatched and torn from the true and genuine meaning and intention of the author , will deceive their expectations and hopes in relying upon it , if where he saith , item nec factum regis nec chartam potest quis judicare ita quod factum domini regis irritetur sed dicere potuit quis quod rex justitiam & bene et si hoc eadem ratione quod male & ita imponere ei quod injuriam emendet , ne incidat rex & justic. in judicium viventis dei propter injuriam . rex autem habet superiorem deum scilicet , item legem , per quam factus est rex . item curiam suam , viz. comites , barones , quia comites dicuntur quasi socii regis . wherein if the word superiorem should relate or be intended by bracton to the law and the kings court of parliament , it would be as a little grammer as good latin law , or right reason , and the authors meaning who lived in the time of the imprisonment of king henry the d. by simon de montfort and other his rebellious earls and barons , and by some citations in his book may be believed to have then or after written it , his aforesaid book cannot be rationally thought by the intire and whole context thereof to have any design to incourage so wicked and long continued a rebellion or intend to render the king inferior to the law , in contradiction unto his own assertions , that rex parem non habet & rex facit legem , and make his curia court or parliament whom he can call , continue , prorogue , dissolve , wherein he hath a negative voice , and as sr edward coke saith , is principum , caput & finis , and as it were the anima , or soul thereof , and to suppose him to be inferiour to a court of his own calling or disposing kept in his own house or palace , and composed of many of his especiall domestiques , is and would be beyond the fancies of little children , or the reach of the silliest sort of imagination . and need not be afraid of their earls and barons supposed bridling of them in parliament , when the barons may be called or summoned as our kings pleased , and the earls and greater nobility also before the reign of king richard the . and our kings have both before , & since , always had as much liberty to summon the lords spirituall , and temporall , as they had before that time 〈◊〉 , not to summon the praelates , or as they had before or since the reign of king richard the . to dispence both with the not coming of the spirituall and temporall lords , by an allowance of their proxies given to members of their own house . et qui habet socium , habet magistrum , & ideo si rex fuerit sine fraeno , id est , fine lege debent ei fraenum ponere nisi ipsimet fuerint cum rege sine fraeno . et tunc clamabant subditi , & dicent domine jesu christi . &c. it shall be rightly considered that however the word magistrum and the word socii by some inadvertency of the author may , unto those who would be willing to have it to seem to give a power to the comites & barones , which the later never either in their use or institution claimed or practised ; it may recieve a more genuine or proper interpretation to be no more then an advisor or instructor and more agreeable to the mind of the author . for the comites were in the roman empire very antiently stiled consules & comites , and after in that and the eastern empire , and all its limbs and branches rent and divided from it , and in this nation enjoyed the name or title of consul a consulendo , and comes only a comitando or being in comitatu principis , & comitatum ipsam aulam & familiam principis , which in tacitus's time was called a cohors cortis , or curtis , or court , and not seldom by our old historians , as odericus vitalis , hoveden &c. ealdermen in the saxon times and sometimes comes , which saith our learned selden were but at the first officiary dignities both here and in the empire , and governed as praefecti comitatus & provinciarum , and the counties were in edward the confessors laws called consulatus , some vestigia or intimations whereof may be perceived in the grant or confirmation of the earldom of oxford to alberick de vere by the tertium denarium comitatus , the d penny of the fines and amerciaments of that county . and were neither in england or the western or eastern empire , or any of their historians , or by any of our or their antiquaries or enquirers into the secrets or cabinets of time , and its forsaken memorialls ever accompted to be either as socii or magistri , or so recorded in any of their or our records , annals , or histories . and therefore we may without calling up the ghost of our old henry de bracton ( who had in the reign of king henry the third made his enquiries into all the ancient laws , and customs of england , and searched the vetera judicia , ( mentioned divers cases and precedents formerly adjudged , ) in the perusall of his learned works , meet with his own expositions of what he there wrote or could be thought to have been any of his intentions . for he in the words immediately proceeding not only saith that de chartis vero regis & factis regum non debent nec possunt justiciarii nec privata persona disputare , nec etiam si in illo dubitatio oriatur possunt enim interpretari & in dubiis & obscuris vel si aliqua dictio duos contineat intellectus , domini regis erit expectanda voluntas & interpretatio , cum ejus sit interpretari cujus est concedere , & etiam si omnino sit falsa propter rasuram , vel quia forte signum appositum est adulterinum , melius & tutius est quod coram ipso rege procedatur ad judicium . but in several other places of those his learned labours plainly declareth that leges anglicanae & consuetudines were made and confirmed regum authoritate , ipse autem rex non debet esse sub homine , sed sub deo , & sub lege , quia lex facit regem . attribuat igitur rex legi quod lex attribuit ei , viz. dominationem & potestatem , non est enim rex ubi dominatur voluntas & non lex : et quod sub lege esse debeat cum sit dei vicarius . omnis quidem sub eo , & ipse sub nullo nisi tantum sub deo , parem autem non habet in regno suo quia sic amitteret praeceptum , cum par in parem non habet imperium . item nec multo fortius superiorem nec potentiorem habere debet , quia fic esset inferior sibi subjectis , & inferiores pares esse non possunt potentioribus . et sciendum est quod ipse dominus rex qui ordinariam habet jurisdictionem , & dignitatem , & potestatem super omnes qui in regno suo sunt , habet omnia jura in manu sua quae ad coronam & laicalem pertinent potestatem , & materialem gladium qui pertinet ad regni gubernaculum , habet etiam justitiam & judicium quae sunt jurisdictiones ut ex jurisdictione sua sicut dei minister & vicarius . habet etiam quae sunt pacis ut populus sibi traditus in pace sileat , & quiescat , habet etiam coertionem ut delinquentes puniat & coerceat . si ab eo breve petatur , cum breve non currat contra ipsum , locus erit supplicatione quod factum suum corrigat & emendet quod quidem si non fecerit satis sufficit ei ad poenam quod dominum expectet ultorem nemo quidem de factis suis praesumat disputare multo fortius contra factum suum venire . and stamford a judge speaking of the opinion of wilby delivered in mich. . e. . that in king henry the ds reign he had seen a writ which was precipe henrico regi , and it was said in hilary term . e. . that in the time of king h. . the king might be impleaded as any other common person , but king e. . his son ordained such as were grieved , or to sue to the king by petition , howbeit saving the authority or reformation of those books , he thought that the law was never that a man should have any such action against the king , & saith that bracton in his d book under the title of contra quem competit assisa concludes as to the king in the negative ; and so saith stamford , no action lyeth against the king , but the party damnified is to sue unto him by petition . and in one place bracton discoursing where the king doth a wrong , he saith , nec poterit ei aliquis necessitatem imponere quod illam corrigat vel amendet ( speaking doubtfully not positively with a nisi sit ) qui dicat quod universitas regni & baronagium suum hoc facere debeat & possit in curia ipsius regis . but he doth more clearly express himself afterwards , when he saith , rex enim decipi potest cum sit homo , deus autem nunquam cum sit deus , and where any thing should be said to be injuria domini regis , saith again , that superiorem non habeat nisi deum , & satis erit illi pro paena quod deum expectet ultorem , & quicquid dicitur de facto regis eo quod est rex & proinde factum judicium disputari non debet , nec factum a quoquam judicare nec revocari poterit , cum sit justum , si autem factum injustum fuerit , perinde non est factum regis , & cum non sit factum regis , quia injustum , inde disputari poterit & factum judicari , sed idem emendari non poterit nec revocari sine eo . so as to rescue the words of that learned author from those wicked and absurd interpretations , which the late parliament-rebells and monarchy-underminers would have put upon them , it must either be thought that that worthy book of his , hath in that particular place and words so catcht at , fallen under the fate of many eminent books or manuscripts even amongst those of the venerable fathers of the church , who have not in a long race or course of time and contingences been able to escape the hands of corruptors , as the books or works of the excellent origen did by the over-busy designs and rashness of russinus , the many spurious manuscripts of the vatican library , and of other popish authors so acknowledged to be by baronius , and some other of their own writers . or rather that the good man intended no more by the word magister then an instructor or an assistant , as the jews called their doctors rabbies ; or as origen was called , by way of eminency , the master of the eastern churches , and st. cyprian called tertullian so who was never his master ; and our famons lawyer , littleton , gave no less a name to judge newton his predecessor . and that he used the word socii , but as aeneas is sayd to have done to his afflicted trojans in their wandrings to seek new habitations , when in his oration to comfort them , he saith , o socii neque enim ignari , sumus ante malorum ; or as julius caesar did when he encouraged his soldiers with the acceptable title of commilitones . or as our laws and reasonable customs have done in the titles and use of the masters of chancery , subordinate to the lord chancellors or keepers of the great seal of england , who sit and say nothing ; or as in the acts of our courts of justice are done , where they are recorded and said to have been done by the chief-justice & socios suos ; or as in the case of an associate unto a chief justice , or any of the kings justices sitting by and under the kings commissions of oyer & terminer , where an equality , co-ordination , or superiority so contra-distinct and opposite each unto other can never be claimed or allowed . and the framers and fancyers of that kind of argument will gain little by it , when the word magister properly and truly signifies no more then a doctor or instructor ( not a superior ) as sr henry spellman hath given us the definition , received meaning , and acceptation of it , when he saith , in jure canonico vel civili magistri dicuntur in theologia vel artibus videtur tempore clementis . . & concilii viennensi magistri & doctoris vocabula confundere aevo scilicet edwardi . usitatiorem tunc fuisse apud nostrates magistri titulum , reverendum & hoc vocabulum semper de peritia venit & in nomine cognoscitur quod sit moribus aestimandum . and therefore those many testimonies before-recited of bractons contrary meaning , if he may be , as certainly he ought to be , allowed to be his own expositor may free and vindicate him from being either a presbyterian or a conventicler or republican , and make him to be the better believed , for that he wrote that book after the th , year of king henry the d. as will appear by his citations therein flagranti seditione , when the times were full of danger and suspicion , there were great thoughts of heart , and commotions of mind , and the regall authority was endeavoured to be depressed . lived after the st year of the reign of that king , when the jealousies of that part of his nobility which shortly after took arms , & entred into an open war & rebellion , against him , had made him walk in that dreadfull procession with burning torches through westminster-hall to the abbey church or cathedrall , cursing the infringers of magna charta , and charta de forestis , and being a judge itinerant in the d , year of that kings reign , was believed to have written that book in the beginning of the reign of king edward the first , could not be ignorant of what had been done , and transacted in the d year of the reign of king henry the . in the aforesaid provisions at a parliament ( so called ) holden at oxford , and in the th , year of the reign of king henry the d , during his imprisonment by an unruly part of the nobility . but if the earls could have been said to have been tanquam socii & fraena in power and authority with the king , which they never were , that could not entitle the barons who in the language of our laws , records , and histories , forreign , or domestique , were never called comites , or socii of their sovereigns . but as earls had surely something else to do , and were not ( as fraenas use to be superior to horses whose much greater strength could not otherwise be subdued by mankind ) to govern and rule their sovereign as the greatly abused words of bracton would have it , when their ordinaria potestas in king aelfreds and those elder times now very near . years agoe , was in comitiis comitativis praesidere in bellis sui comitatus militibus imperandi , in curiasine comitar● regis conciliis publicis suorumque negotiis attendendi , & mandata regia subditis suis communicandi rex enim ipsi comiti in curia sua plerunque residenti , mandata detulit ille vicecomiti , his centurionibus , centuriones decurionibus , maxima cum expeditione pertulerunt . and neither the earls or barons were or claimed to be consortes imperii , or like the spartan ephori . or if the title of comites did or could give such a right or privilege unto them , which may with great evidence be utterly denied , and the contrary as easily justified , the commons or universality of the people , will , untill they can be so mad as to think themselves to be earls , socii or comites of their kings and princes or barons , be little the better for that mischievously overscrewed text or words of bracton . or the earls or barons being not likely in their honourable assembly of peers to claim , or have more then a deliberative and consultive power in matters only concerning the king and his monarchicall government , but where it was inter pares or amongst themselves , or by his speciall licence , when at the first coronation of king richard the st , the comites & barones serviebant in domo regis prout dignitates eorum exigebant , & die coronationis suae johannes rex accinxit willielmum marescallum gladio comitatus de striguil & gaufridum filium petri gladio comitatus de essex qui licet antea vocati essent comites & administrationem suorum comitatuum habebant , tamen non accincti erant gladio comitatus & ipsi illo die servierunt ad mensum regis accincti gladiis . and therein mr selden that monarch of learning and dictator of reason is to be so interpreted as it may consist with reason and truth , when he declared that the lords in their deliberative or judiciall power in the court or house of peers in parliament , had a power to give or pass judgement for or against their sovereign ; for that in the precedent cited by him of king edward thr confessors appeal or accusation of earl godwin in the great councell or parliament of that king for the death of his brother alfred , to whom he as well as the king had appealed for justice , as the words of the judgment thereupon given against earl godwin and the opinion of the lords not contradicted there mentioned as malmesbury , hoveden , huntington , brompton and florentius do testify was that comes nec baro , nec aliquis regi subditus bellum , battail , or single combat ( saith the margin ; a kind of tryall then much in use amongst contending private persons , where other evidence failed ) contra regem in appellatione sua de lege potest vadiare sed in toto ponere in misericordia sua & emendas offerre competentes ; whereupon it was advised that ipsimet & filius suus & duodecim comites & amici & consanguinei sui essent coram rege humiliter procederent onerati cum tantum auri & argenti quantum inter brachia quilibet poterit bajulare illud sibi pro suo transgresso offerendo deprecando ut ipse male volentiam suam , rancorem & iram comiti condonet & accepto homagio suo & fidelitate terras suas sibi integre restituat & retradat illi autem omnes sub ista forma thesauro se onerantes & ad regem accedentes seriem & modum considerantes locum eorum sibi demonstrabant quorum considerationi rex contradicere nolens quicquam judicaverant ratificavit wherein the utmost use that can be made of that action and precedent to confine the kings judicative power in parliament to that of the peers and lords spirituall and temporall is that the king upon earl godwins answer to the kings accusing him for the death of alfrred his brother , and the earls eaecusing himself with a domine mi rex salva reverentia & gratia vestra pace & dominatione fratrem vestrum nunquam prodidi nec occidi unde super hoc pono me in consideratione curiae vestrae was not willing to be a judge or giue sentence in an appeal of his own and such a concernment as the death of his brother for which one of the peers was to be arraigned and fitter to be tryed as the l●w required by his peers which by the ancient custom like trialls might be done without any derogation from the kings higher and supreme authority , and therefore gave a leave or licence to them in that single particular or extraordidinary case to do it . and our kings and princes to avoid the imputation of tyranny oppression or partiality , may be the more willing to indulge the like in all cases and matters of attainders and forfeitures of lands and estates where our laws do give unto them the benefit accrewing . and the honourable peers and judges in that court subordinate unto the king may as to matters therein determinable be the better content therewith for that not being sworn nor punishable , as judges in other courts are , and in what they do advise therein , they neither are or can be punishable in a judicio colloquiale , wherein as paulus screrbic hath said in his statua poloniae , judex in colloquiis aut regis praesentia judicans argui de male judicato non potest . and the word kupia as sir henry spelman saith , with the greeks and romans signifying potestas & dominium , and the lord or owner of it , qui potestate fretus est judiciumque exercet , and the place habitaculum , domini , the residence or court of the lord or superior , ubi sana rei narratio placitum forenses vocant , dicebatur autem curia primo de regia , palatio principis , inde de familia & judiciis in ea habitis ritu veterrimo , or the place where kings did administer justice , surely kings were not therein to be co-ordinate , or any less then superior . and the very learned sir john spelman the son of that excellent learned father writing the life of king alured or alfred , hath together with the unquestionable historical part and truth of the relation given us the observation that et comitum potestatem ad huc minuebat nam neque iis integra restabat negotiorum bellicorum tractatio . horum enim magna pars heretochiis , sive ducibus inferioribus a plebe in comitiis suis electis committebatur . hi enim recensionibus , meditationibis , armorumque lustrationibus praefuerunt ; milites in centuriis suis coeuntes , ad locum toti exercitui destinatum deducebant ; in bellis demum ducum inferiorum officiis fungebantur ▪ prout e legibus boni edwardi aliisque locis facile colligitur . haec institutio ( cum a populo , non comitibus ductores hi eligebantur ) non parum e comitum potentia abstulit . comitibus ergo , quorum potentia regibus semper maxime formidabilis , relinquebatur ordinaria potestas in comitiis comitativis praefidendi ; in bellis sui comitatus militibus imperandi , in curia sive comitatu regis conciliis publicis , suo rumque negotiis attendendi ; & mandata regia subditis suis communicandi quod mira celcritate post novam hanc imperii institutionem factum est . et quidem si aelfredi nostri vestigiis posteriores regis institissent , neque tot seditiones ortae , neque tantum sanguinis in bellis civilibus exhaustum , neque regis ipsi toties temporibus subsequentibus periclitati fuissent . sed tam bene constituta partim bella civilia ( quae statim post ejus obitum recrudescentia pene omnibus legibus executionem impediebant , videantur edvardi senioris querelae , lege quarta ) danique post renovatas invasiones sub canuto victores , maxime vero normanni , labefactarunt . gulielmus enim , sive ut magnates , in invasione regni hujus maxima momenta , pro meritis , & pactis etiam , remuneraret ; sive ut anglos dominio suo efficacius subderet , nobilibus suis normannis maximam potentiam ( que postea tot malorum origo ) indulsit . henricus vero primus , quantum potuit , leges aelfredi nostri & instituta revocavit ; sed tempora consuetudinesque perversae omnia , quae expedire poterant , inferri non patiebantur . and the authority of our kings in parliament were not only in the ages before but in king alfreds or alureds time , superior and super-eminent in his great councells over his subjects , as asser menevensis living in his court and writing his life after his death saith , that saepissimo in concionibus comitum & praepositorum ubi pertinacissime inter se dissentiebant ( ita ut pene nullus eorum quicquid a comitibus & praepositis judicatum fuisset verum esse concederet ) qui pertinaci dissensione obstinatissimo compulsi regis subire judicium singuli subarrabant , and when appeals and writs of error came before him from his earls or ealdermen saith mr. selden out of asser menevensis , when he found error and injustice committed by them would sharply reprove them . for in our monarchicall government with the ancient long continued and well-experimented existence and constitution of the house of peers and peerage in the kingdom of england , the common people were so subordinate to the baronage and peers as the commons were allways understood by our kings and our laws and the lords spirituall and temporall , and by the common people themselves , to be comprehended in and under the baronage , who did for them and as they were included in them very often in our great councells and parliaments , grant or deny aids or subsidies , and in their behalf without the commons themselves speaking or advising , alledge their poverty and disability , and the popes and forreign neighbour princes in their letters and rescripts understanding it no otherwise , of which mathew paris , and thomas of walsingham authors of great credit living in the reign of king henry the d. and king edward the st . his son , have afforded us plentiful instances . and all things rightly observed or considered , could not give any one the least of reason or colour of it , for if our comites & burones ( bracton not mentioning the bishops , ) who then had great power if not too much over our kings and princes , there then being no dukes , marquisses , and viscounts whom our kings then used not to create , though there were many dukes , or said to be , in the time of the saxons before the norman conquest , who by our fundamentall laws enjoyed all their authority subordinate unto their parliaments and great councells , might forfeit their lives , estates , and lands , holden of them in capite , which was the only measure of punishment in england before the act of parliament in the th year of the reign of king edward the d. was made , which did at the request of the lords and commons ( the bishops not mentioned ) declare what should afterwards be attempted and punished as high treason , against him and his heirs , or for counterfeiting his great seal , which did or should bear record of the laws and actions and kingly government of our kings & princes , there having not been in that act of parliament or any act of parliament ; or laws of our brittish , saxon , danish , or norman , before or since , tacitly or expressly , for the abolishing or taking away our feudall laws and customs or that ever to be wailed unhappy act of parliament made by his now majesty , king charles the . for the taking away of the court of wards and liveries by reason of his tenures in capite and of all homage and fealty , drawn and prepared by a learned lawyer , and a member of that house of commons in parliament , dreaming of a common-wealth , untill their man of sin oliver cromwell was pleased to awake them , who was in his profession well known to have been eminently skilled in the common laws of england , some part of the civil and canon laws , and a great part of the records of the kingdom , and much honoured for his love and care of justice , but being a judge in those times , and seduced by another of that rank , to take such a place upon him , upon the pretence of keeping up and supporting the law , and was upon his majesties restauration advanced into an higher degree , seemed notwithstanding not to have been so much or so well read as he might have been in the feudall laws excellent constitution and frame of the monarchick government of this realm , when in that house of commons either in a cool neutrality , or over perswaded by by his fears of or desire of living in safety or to preserve the common law , when against his will and well known integrity , he was in that house of commons in parliament heard by another member , that sat next unto him , to say or declare his opinion that the king was trusted by the people , wherein he might have better considered that two parts of our laws , most precious and necessary both to and for the king and his people , which were the summoning and calling of parliaments or great councells , and the tryals of his subjects guilts or innocencies , per pares , with reliefs & herriots due to our kings and princes , and unto ten thousand lords of manors or thereabouts subordinate unto their kings in england , and wales , with fines and amercements , felons and out-laws goods , annum diem & vastum cum multis aliis , &c. were solely and principally derived from the feudall laws . which with some of the usages and customs of the nation , and our statutes and acts of parliament , from time to time after made and added thereunto , were the laws which many of our kings and princes took an oath at their coronations to protect and defend , as also the leges & consuetudines quas vulgus elegerit , who , if our feudal laws had not been so very ancient as they have been , would not want such as would heartily desire and make choice of them to have lands given to hold of their king in capite , and enjoy to them and their heirs under his more especiall protection , and was in the reign of our famous arthur , king of brittain , esteemed so great an happiness , as consensu historicorum eruditorum of that age and time , leland hath informed us , utherus pendraco fuit pater arthuri cujus & gorlas corinnae regulus beneficiarius erat a notion or title anciently used of such as held their lands in capite or by knight service . and therefore howsoever the learned bracton's pen might seem to have erred in his expression or words of fraenare regis , it might as it ought consonantly to the proper and genuine sense , intention and meaning of all his arguments , through the context and tenor of his whole books , being no little one , be accepted and taken to be no otherwise then a restraining him , as kings and great and good men have usually been , by good advice and councell of friends or servants , as naaman the syrian's servants did in their lords returning back in an anger from the prophet elisha , who came near unto him and perswaded him to wash in jordan in order to his recovery from his leprosy , when otherwise that harsh word or phrase of fraenare reges could not without great danger , damage or forfeiture , be used , or any forcible perswasion put upon a free prince , by authorities coutrary to their oaths of allegeance and supremacy , justly and truly descending from the feudall laws which commandeth all men holding of them in capite to do otherwise . and although some of our ancient historians have informed us , that in a parliament holden at merton in the th , year of the reign of king henry the 〈◊〉 . upon the bishops endeavouring to have a law made , that according to the canon law the children born before marriage illicitis amplexibus , should by a subsequent marriage of the parents be esteemed legitimate , the temporall lords restiterunt , and laying their hands upon their swords jurarunt quod noluerunt leges angliae mitare , it was not any plain absolute deniall of the kings decisive and legislative power , but only an altercation , debate , or dispute betwixt the spirituall and temporall lords in parliament concerning that matter . and neither the bishops , or the house of commons , or any of the commons represented , or not , could not so much as attempt to force or bridle their king by commotions or force of arms , which by the feudall laws and the most of our laws and customs derived from thence would have been legally adjudged a rebellion , and fraenare regis in that undecent expression , si quod rei fecerit aut neglexerit , quod dominum contempsisse dicitur , aut si dominus per consequentiam laedatur persona cujus existimationem sartam tectam manere domini interest , for concilio & auxilio domino adesse debet , which was the cause and ground of right reason , that in the reign of our king edward the . the lord beaumont or de bello monte was in parliament fined for refusing to come to parliament and give the king his advice or councell : and it is not many years since that the emperor of germany seised and imprisoned prince william of furstenburgh , a feudatory for appearing in person at a treaty betwixt the emperor , and the king of france , against his lord the emperor ; and our mesne lords holding their lands , jurisdictions ; courts baron and courts leet , notwithstanding that act of parliament for dissolving the court of wards and liveries , and the tenures in capite supporting it , did from the th , day of february in the year of our lord , when in the height of their wars against their sovereign they had but voted the dissolution of thrt court and the tenures in capite , for at that time there appeared not to have been any act of parliament , although an act made in the time of oliver cromwell might be an usher , or used as a pattern in the drawing of that ( by a learned judge of those rebellions times ) wherein the reliefs & herriots were found necessary to be reserved unto his now majesty his heirs and sucessors . which may sadly be believed to have been a decapitation or cutting off the head of the body-politick or government as a prologue to the tragicall and direfull murder in the cutting off the head of their most pious better deserving king ; no king or prince in the world , christian or heathen , black or white , that had all their subjects except their nobility and the bishops , and such as hold their lands by the honorary services , of grand serjeanty , or by the tenures of copyhold or by copy of court-roll unto which our littleton giveth no better a name or title then tenure in villainage , or any service incident thereunto , which being originally derived from the tenures in capite , were , not many years ago , very nigh a fourth part of the kingdom , that had so small a reall dependance upon them , or so great a part of their kingdoms of england , and ireland converted into free and common soccage , the tenures in capite in ireland being about that time with the like exceptions converted into free and common soccage , as england disastrously also was , the isles of man , wight , garnsey and jarsey ; the two latter being parts of normandy , together with the american plantations , as virginia , bermudas , barbados , jamaica and new england and many other our west indian plantations escaping that part of the greatest wound that could be given to our ancient monarchy . and how dangerous and prejudicial a misconstruction of the statutes de usilus in possessionem transferendis might be both unto the king and his subjects , if he should be accompted to have been a trustee for the his people , and it was a wonder that the late lord chief justice hale should in that act turning all into free and common soccage , not take a care to abolish the releifs , being a duty long before the conquest payable to his majesties royal progenitors , but leave them with an exception of all releifs and herriots , fees , rents , escheats , dower of the d part , fines , forfeitures , and such as are and have been usually paid in free and common soccage . maymed and mangled the monarchy and government , as much , if not more , then adonibezeg a king of canaan did the seventy kings , whom he had taken prisoners , and cut off their great toes and thumbs , for no other advantage then to undermine the beautifull and goodly structure of our government , built and supported by and upon these great pillars and excellent fundamentalls , which , like an house built upon a rock , was able to resist any the winds and storms , for many ages past leave us as a house built upon the sands , ready to drop into it's own infallible ruines , which could not be so rebuilt or reduced to it's former strong and goodly structure , by reserving to the king and his successors the reliefs and herriots , nor will arise to any recompence , although it might be a great value , together with the excise of ale , beer and sider , added thereunto , which hath helpt to bring in or increase , as the opinion of the doctors of physick have informed us , that epidemick now more then ever praedominant scorbutique disease , making rich the only false-dealing brewers & alehouse-keepers , and impoverishing the common people , & consideratis considerandis , in his majesties necessary and inevitable expences more then ever was or can be easily or before-hand calculated . and it may be hoped that it was neither intended by that no phanatique preparer or framer of that undermining act of our monarchick government , or any assenters or advisers of it , or his majesty , that gave the breath of life unto it , and was as the anima , or soul otherwise animating a liveless body , did ever intend to abridge or deny himself the sovereignty of our brittish seas , or their tenures in capite holden of none but himself and god , the antemurale or walls thereof , and with our ships travelling in or out upon them , as the safety , strength , power , riches , and honour of the nation , or to be ranked or accompted as a tenure in common soccage , free ab omnibus servitiis , when it was never accompted to be any part , or within the verge of the court of wards and liveries . the seas belonging to our king of england's sovereignty having been never under the courts of wards and liveries , or any of its incidents , or appurtenances , or within its cognisance , and this newly found out device or extraordinary way of soccage or tenure by the plow , free ab omnibus servitiis , was never nor can be fit for the seas , unless they , that cunningly have been so fond of it , can make it to be fit or proper or to any purpose or profit to adventure to plow up the seas , with plows drawn by horses or oxen , and by that means of plowing up the seas , make the seas to yeild and deliver up all their riches , plate , gold , silver , and jewells , which misfortunes of shipwrack have before years if not more in the epoche or age of our long continued monarchy far exceeding the gold of ophir , and the value of all the lands of england if they were now to be sold , the former admitting a greater decay then the latter , our brittish seas having always been in subordination to our kings and princes under the separate government of the lord admiralls , court of admiralty , vice and rere admiralls , deptford-house , and the cares of the cinque-ports , many other sea-ports , light-houses and maritime laws , &c. whereby our kingdom hath been greatly enriched by its trade and marchandise carried further then the roman eagles ever flew , and as far as the four great quarters or parts of the habitable world do extend or stretch themselves unto , and the sun ever shined upon . and if it had not been upon the design of blowing up or disarming our monarchy together with as much as they could of the kings regall rights for the defence of himself , they would not have attacqued the militia , or laboured to destroy it , when glin serjeant at law , a busy enemy of our monarchy , and another serjeant at law whose name for his great parts and abilities i silence , heartily wishing that he would before he dye add repentance to his treasury and great stock of learning in the employing of it otherwise then it should have been in that so called long and hypocriticall wars , rebellions , false doctrines , together with his misdoings , in the drawing , and forming the act of oblivion and generall pardon , the greatest and largest in extent and gift that ever any of our kings and princes gave unto the greatest and most in number of their subjects , wherein he acquitted these numberless offenders , that never pardoned any of his or his blessed fathers loyal party any or but small things , but retained every thing which they had taken from them by plundering , taxes , sequestrations , decimations , and spoil of woods and timber , which should have been an assistance to the building of their burnt or demolished houses or castles , and the building of ships the wooden walls of our seas , and the carriers out and the bringing home of our merchandise . in the preamble whereof it was declared , that whereas severall treasons , murders , and crimes had been committed and done by colour of commissions , or power granted unto them by his majestie or his two houses of parliament , as if any treason could in law be committed by any commission or order of the king or his royall father , the blessed martyr , and the framers of that act of generall pardon , could not but remember , that many that assisted his late majesty came upon his proclamation and setting up his standard at nottingham castle under the obligation of their tenures in capite , and the duty of their oaths of allegeance and supremacy , and others for hire by great sums of money , lent him by that loyall and prudent old earl of worcester , grandfather unto the now duke of beaufort , and by men leavyed and sent unto him from wales in his majesties march as far as shrowsbury towards him , the better to enjoy , and be near the great assistance which he promised and performed , without which , and the ancient and legall aid and help of his tenures in capite and by knight-service , he could not have made any defence for himself or his loyal subjects , but might have been taken and imprisoned by the sheriffes of every shire or county , thorough which he was to pass in his journey to york , with his eldest son the prince , whom they would likewise have seised upon , when he was by the faction and their hunters , driven and pursued as it were thither for refuge , as a partridge hunted upon the mountains , from his parliament ; when he had no provision of arms , men , or money : and the rebell-party of that parliament had formed and beforehand made ready a great and powerfull army without any manner of want of money and a seduced party of his people to march against him . and our feudall laws were so little despised , unknown or unusuall in this kingdom , as our magna-charta and charta de foresta , more then times confirmed by acts of parliament , and the petition so called , of right , will appear to have no other source or fountain as to the most of the many parts thereof then the feudall laws . and they must be little conversant in the reading , practice and usage thereof , demonstrable in and through our records and authentique annalls and historians that will not confess and believe it , when they shall so manifestly almost every where see the vestigia and tracks thereof and our saxon laws faithfully translated and rendred unto us by the labours and industry of our learned lambard and abraham whelock arabick professor in the university of cambridge and the glossary of our learned sr henry spelman , may aboundantly be found to declare that they had for the most part no other progenitors . and could not be understood to amount unto no less then the greatest and strongest fortifications that any kingdom could have , though not so guarded by the sea , as our islands of great brittain are and have been , when seventy thousand horsmen gravi armatura or not meanly armed should ( as the manner of those times were ) without much disturbance to their other affairs be sodainly ready upon any emergencies of wars , intestine or forreign , without pay or wages , under the greatest obligations divine and humane , to defend their kings themselves and their estates , which in more valiant and plain dealing times did in no longer part of time , commonly determine the fate or fortune of a kingdom as to a great part of the event or success of a war. and was so necessary to the defence of the king and people , as our william the conqueror , that did not bring but found the feudall laws here in england , may be thought to have been very willing to have strengthend his conquests here , when he distributed amongst his great officers in the army & his soldiers as much of his conquered lands , as ordericus vitalis hath related it , seventy thousand knights fees , who in regard of their service for the defence of the king , had a privilege by the kings writ for them and their tenants to be free ab omni talagio from all taxes , which priviledge or acquittal saith sr edward coke discontinued . of which our feudall laws the brittains the more ancient inhabitants of england as well as the brittains in america in france , now known by the name of the duchy of brittain , cannot be believed to have been ignorant , when the father of our victorious arthur , king of brittain , was a beneficiarius , and held his lands in cornwall of the king in capite , unto whose kingdom were appendant the large dominions of norway , and the islands ultra scanriam , islandiam , ireland , curland , dacia , semeland , winland , finland , wareland , currelam , flanders , & omnes alias terras & insulas orientalis oceani usque russiam , et iu luppo etiam posuit orientalem metam regni brittania & multas alias insulas usque scotiam & usque in septentrione quae sunt de appendicis scaniae quae noricena dicitur , and that kingdom of brittain had so large an extent , and the king of brittain such a directum dominium therein , that upon an exact search and inquiry into the memorialls , antiquities annalls , and historians thereof , it was evident that in the times of ely and samuel , after the siege and destruction of troy , brute came into this island , called it by his name , and divided his kingdom to his sons , loegria , now called england , to his eldest , albania , since called scotland came to the and cambria or wales unto his son camber , after whom was arthurus rex britonium famosissimus . who subdued a great part of france , and those his noble acts were not unknown unto some of the roman poets and historians , and the laws used here in his time , may with great reason be understood to have been the same which the english or saxons our later ancestors , fletibus & precibus , with supplications washed in tears , obtained of the norman conqueror to be left unto them , as king edward the confessors laws for his justice and holiness reputed to have been a saint , and together with the mercenlage or laws made by mercia a queen of mercia , or the borders or confines of wales , ought to be esteemed the same aggregate laws , which k. william the conqueror of the brittains , saxons and normans after they had began to intermarrie , and were become , as it were , populus unus & gens una , were certified by the greatest , most universall and most solemn jury and verdict that ever was impannelled or made use of in england , and under the strictest and severest charge , not by judges delegate but by the king himself , and a conquering king that had omnia jura et terras in manu sua , which he did consilio baronum suorum in anno quarto regni sui cause to be summoned through all the shires & counties of england of & out of the nobiles sapientes et in lege cendites , ut eorum leges , et jura , et consuetudines ab ipsis audiret , whereupon in singulis totius patriae comitatibus , a jury of men , qualified as aforesaid jure jurando , coram ipso rege , before the king himself , no ordinary judge but the highest under god , quo ad possent recto tramite incidentes , neither turning on the right hand nor the left , legum suarum & consuetudinum suarum patefacerent , neither omitting or adding any thing by fraud or praevarication , yet the king seeming better to approve of his norway and danish laws , which in many things , affinitate saxonum , seemed to be the same with the norway laws except in some small difference in the heightning of the fines and forfeitures , which when the king had heard read unto him maxime appreciutus est , & proecepit ut obsequerentur per totum regnum , for he said that his ancestors & omnium baronum fere normannorum antecesseres norwigenses exticissent , et quod de norwicis olim venissent , et hac authoritate leges eorum cum profundioses & honestiores omnibus aliis essent prae caeteris regni sui legibus asserebat se debere sequi & observare ( and the saxon laws being in the saxon language and he and his normans for some generations past alltogether speaking french written in another idiome and manner could not be thought so soon well to understand ) quippe cum aliaerum legibus nationum britonum , scilicet , anglorum , pictorum & scotorum praeponderassent , as if he or his normans having so lately conquered the kingdom of england , and he had after some time returned into normandy , whether he had carried some of the most potent of the english nobility as pledges and hostages . and after some tarrying there , and time expended in the setling of his affairs , returned into england , where he found some mutinies and rebellions , might not , in a mind wholly imployed in the study of war & glory be allowed some parcell of ignorance , or so much as to make him & his norman adventurers mistake & not understand that the feudall laws , and those of norway were the same for the most part with the laws of the saxons or their praedecessors , or their often invading and contending neighbors the picts and scots , or the saxons so impoverished and affrighted , as not to be able to declare unto him that the laws of st edward the confessor were the same which the conquerers compatriots the norwigians were governed by , or might not , so well as they should , have understood their own laws or the feudal laws , which their northern or german ancestors had so much affected to be ruled and governed by , more especially when those laws so sacred of st edward the confessor had by reason of some discords in england layne , as it were , hid and asleep , about sixty eight yeares from the reign of king edgar untill the reign of king edward the confessor . which the conqueror himself had then only as the learned sr roger twisden saith , ut melius unicuique administraret anglicam locutiorem sa●egit ediscere , et in perceptione hujus durior aetas illum compescebat endeavoured to learn ; which verdict or carefull enquiry , in the poor conquered englishman's greatest concernments in this world , next unto their greatest in the next being presented to him , he concilio habito precatu baronum granted their petition , thomas archbishop of canterbury and maurice bishop ( of london ) scripserunt propriis manibus omnia ista praedicta per praeceptum praedicti domini regis gulielmi , et ex illo igitur die multa authoritate veneratae , et per universum regnum corroboratae , et observatae sunt prae ceteris patriae legibus leges edwardi regis sancti . insomuch as king william the conqueror , upon a better understanding that those laws of st edward were one and the same or very near of kindred unto the norway or danish laws , had not only given and distributed amongst his great officers and soldiers seventy thousand knights fees , in lands of a great value to be holden of him his heirs and successors in capite , but in his own laws afterwards made other feudall laws as additions thereunto , as de clientari seu feudorum jure & ingenuorum immunitate ca. . de clientum seu vassallorum praestationibus ca. . nequis dominio suo debitas suas praestationes substrahat ca. . de foemina granida quae capitali supplicio damnatur ca. . ( which was a law either before or since brought hither by the phenitians or roman colonies , de relevio eorum qui clientes pendent , c. . and in the decretis made by him , it is mentioned , that cum principibus suis constituit post conquisitionem angliae ( not constituerunt ) that next unto the reverence of god and faith in christ , he would have inviolably observed and kept pacem & securitatem , concordiam , judicium & justiciam inter anglos & normannos , similiter inter francigenes & britones walliae & cornubiae , & pithos & scotos albaniae , similiter francas & insulicolas omnium insularum & provinciarum quae pertinent ad coronam & dignitatem , & ad defensionem & observationem , & ad honorem regis infra omnes sibi subjectos per universam regni britania firmiter & inviolabiliter , statuimus etiam ut omnes liberi homines fide & sacramento affirment quod intra & extra universum regnum , quod olim vocabatur regnum britanniae , willielmo regi , domino suo , fideles esse volunt , terras et honores suos omni sidelitate ubique servare cum eo & contra inimicos & alienigenas defendere volumus . et hoc firmiter precipimus & concedimus , ut omnes liberi homines totius monarchiae regni nostri praedicti habeant & teneant terras suas , & possessiones bene , & in pace , ab omni exactione injusta , & ab omni tallagio , ita quod nihil ab eis exigatur vel capiatur , nisi servitium suum liberum , quod de jure nobis facere debent & facere teneantur , & prout statutum est eis , & illas a nobis datum & concessum jure haereditario in perpetuum per comune concilium totius regni nostri , statuimus & firmiter praecipimus ut omnes comites , barones , & milites , & servientes , & universi liberi homines totius regni nostri praedicti habeant & teneant se semper bene & in armis & equis , ut decet & oportet , & quod sint semper prompti & parati ad servitium suum integrum nobis explendum et peragendum cum semper opus abfuerit secundum quod nobis debent in feodis & tementis suis sicut illis statuimus per commune concilium regni nostri praedicti , & illis dedimus & concedimus in feudis jure haereditario hoc praeceptum non sit violatum ullo modo super forisfacturam plenam , statuimus etiam & firmiter praecipimus ut omnes liberi homines totius regni praedicti ( which could not be understood to have been any other then his norman commanders and nobility for the most part if any english ) sint fratres conjurati ad monarchiam nostram , & ad regnum nostrum pro viribus suis & facult atibus contra omnes pro posse suo defendendum , & viribus servandum , & pacem & dignitatem nostram & coronae nostrae integrum observandum , & ad judicium rectum & justitiam constanter modis omnibus pro posse suo sine dolo & sine dilatione faciendum . which being made at london , was without any limitation or restraint as to the number of days , wherein the service was to be performed , or how long to be at their own wages , or their kings was not at all expressed in that kings originall grant , law or constitution , for although the fortune or fate of a war in those bold magnanimous and hardy times , wherein they disdained to tarry for the effects of stratagems , bribery , and treacheries then little or not at all , but now altogether or too much practised , but universally and absolutely it being as unsafe for a king as his people and kingdome to undertake to foretell the period of an intestine rebellion , the power and malice of a forreign enemy or the sad and often changes and events of war , and to leave a king without the power of a king and aid of his subjects , and be a king only for forty days , and upon every occasion or mischance of war arising from forreign princes or his subjects , either by sea or land , be no longer a king then for so short a time as if the subjects loyalty were to be put under such a limitation , and if in that time he cannot gain the victory , must run into an hole and hide himself in an hourly expectation of death , and a worse destiny then that of the once mighty king nebuchadonozers being changed into an ox , and put to grass untill the king of kings ( not his subjects or people ) should be pleased to restore him to his former shape and dignity , which could never be understood to be the meaning of our william the conqueror . and if praxis be , as it should be , de jure gentium accompted to have been optimus legum interpres , our tenures in capite and by knight service , however our very learned littleton a judge of the court of common pleas , who is by sr edward coke his commentator believed to have written his book of tenures in or about the th year of king edward the th . and sr edward coke without giving us any record , authority or positive law to warrant or build up their opinion for any such limitation , yet it doth not appear , but needeth some further confirmation . for the learned sr robert cottons collection out of the book of doomesday hath taught us , that oxoniae civitas tempore regis edwardi confessoris geldebat , nisi quando londonium & eboracum & wintonia geldebant , & hoc erat dimidia marci argenti ad opus mil quando expeditio ibat per terram aut per mare , serviebat haec civitas quantum . hydae terrae , barnestaple vero & lydeford & totendis serviebant quantum ipsa civitas . quando rex ibat in expiditione burgenses . ibant pro omnibus aliis , vel . libras dabant regi ut omnes essent liberi . omnes mansiones , quae vocantur murales , tempore regis e. libera erant ab omni expeditione & muri reparatione , propterea vocantur murales & mansiones quia si quis fuerit , & rex praeceperit murum reficerit . civitas lodocestria tempore regis edwardi reddebat per annum regi . libras , ad numerum de . merae & . sextarios mellis , quando rex ibat in exercitu per terram de ipso burgo , . burgenses ibant cum eo , si vero per mare in hostem eat mittebant ei . equos de eodem burgo usque londouium ad comportanda arma vel alia quae opus essent ; for that great conqueror , as sr roger twisden hath rightly and judiciously observed , had things after that his conquest in his purpose , cares and intention , . ut prospicetur regno de necessariis ad bellum , . ut satisfaceret gallis periculorum suorum & laborum sociis , ita tamen ne anglis ea occasione praeberetur justa offensionis causa qua reddi possent ad insurrectionem , seu rebellionem paratiores , . ne coloni utpote sine quibus agricultura exerceri non poterit . william rufus and king henry the first his sons kept and established the same without any lessening or alteration as to the time or ways , king stephen henry the . and richard the first did the like , and king richard the . wanted not an aid and money for his redemption out of his captivity , so did king john in his generall muster and array of all the forces of england , sub poena culvertagii , of shame and reproch like deborahs curse ye meroz against the feared invasion of the french king , neither was it altered by king he. the . who mandavit vice comitibus wiggon . staff. salox & warr. quod venire fac . ad ipsum regem in exercitu suo usque bery in wallia desingulis duabus hydis terrae com. suorum unum hominem cum una bona securi &c. habentem secum victualia pro ●s . diebus , edward the first did not understand himself to be manacled as unto time and wages , when he told roger bigod , earl of norfolk , earl marshall of england , refusing to go with him to war into flanders , he should go or be hanged , and afterwards seised the great estates of bohun earl of hereford and essex constable of england , and gilbert earl of gloucester and hertford and made them glad to accept his pardon , and in the th , year of his reign the praelates , earls , barons and commonalty of this realm did in parliament declare that they are bound to aid their king at all seasons ( no time or manner at all limited ) king edward the . left it as he found it , and in hte . year of the reign of king edward . it was in parliament declared , that uone shall by any writing bebe bound to come armed to the king , for that every subject is to be at his commandment , that in his busy reign of gathering triumphant lawrells , a proclamation was made in singulis com. angliae quod omnes homines habentes literas regis de pardon felon . &c. causa guerrae scotiae ad regem veniant ; and our kings richard the . henry the th , th , and th , edward the th , and richard the . continued them nothing being ordered to enervate that constitution or law of william the conqueror , it was by an act of parliament made in the th , year of the reign of king henry the th , ordained that none that shall attend upon the king and do him true service shall be attainted , or forfeit any thing by attending upon the king in his own person , and to him true and faithfull allegiance , or in any other place by his commandment , within the land or without shall do and perform , and in the th , year of the said kings reign , by an act of parliament it was ordained declared & enacted by the advice of the lords spirituall and temporall in parliament assembled , ( no commons therein mentioned ) by authority of the same who shall forfeit that doth not attend the king , being in his own person , in his wars either within the kingdom or without , or depa●t from his said service without the kings licence in writing , under his sign manuall , or signet or great or privy seal or generall proclamation , there having been no repeal or limitation afterwards of that especiall service either in the reign of that king or of king henry the th , edward the th , queen mary , queen elizabeth , king james and king charles the . and our annalls , historians and records can appa●ently evidence that queen elizabeth , in the designed invasion of england by the king of spain with a formidable navy and army in the year . did not by any of her councells , judges , delegates or lawyers , great or small limit in the raising of forces , either by land or sea , the numbers , time of continuance or wages , and it hath been a part of the jus gentium or law of nations not to contradict , but allow the seizing of ships of merchants and strangers in the potts or havens of a prince , like to be assailed and in danger of war , when every man ought to fight tanquam pro aris & focis and that magnanimous , great and wise princess could not without that power inhaerent in her monarchy have aided with men and arms , the great henry king of france , and the distressed belgick provinces ; checked the papall powers and plots , and planted and supported the protestant religion in most of the parts of christendom , holding by a steddy hand the ballance thereof , and so well understood her own rights and the true methods of government , as she blaming some of the house of commons for flying from their houses near the sea coasts , in the affright of the spanish invasion , did swear by the almighty god , that if she knew whom in particular , she would punish and make them examples , of being the deserters of their prince and countrey . king james asked no leave of his subjects in parliament to raise and send men and arms into the palatinate , being his son in law 's inheritance , for the defence thereof under the command of sr horatio vere , and an army for the same purpose also under the command of count mansfelt a german prince , king charles that blessed martyr by a company of accursed rebells furnished to sea . severall armies and navies in aid of the distressed protestants at rochell in france , in whose reign all the judges of england subscribed to their opinions , that the king was to prevent a danger impending upon the commonwealth , might impose a tax for the furnishing out of ships , and was to be the sole judge thereof , which had but a little before been inrolled in all the courts of justice in westminster and in the chancery as the opinion of all the judges of england , under their hands , which in the leavying but of ten shillings being cavilled at by mr hamden a man of or l. per annum one of the grand sedition-mongers , who as a member of the house of commons in parliament had by an execrable rebellion almost ruined & destroyed england , scotland and ireland , to pacify which that pious prince being willing to satisfie their scruples , as much as the laws and constitutions of the kingdom as he hoped might allow , and being a principall part of the monarchy , the arcana's whereof queen elizabeth believed not fit to be sacr●ficed unto vulgar and publick disputes , and hammered upon the anvills of lawyers arguments , tending unto more what could , then should be sayd , and therefore did in some of her grants or rescripts insert the words as king james afterwards did , de quo disputari nolumus a maxima , which the great henry the fourth of france in his government strictly observed , and which every sea or land captain hath through many ages and traverses of the world ever experimented to be necessary and usefull ; insomuch as licence was given to frame a case or question thereupon , that never was before done in england through all its changes of our monarchs , under the brittish , roman , saxon , danish , and norman races , or in all the empires and kingdoms of the habitable world , for amongst the israelites there was an outward court for the common people , there was a sanctum sanctorum , there was no dispute suffer'd , about their urim and thummim , or the dreadfuly delivered decalogue , and the ancilia and vestall fire at rome were not to be pried into by the common people , neither would the vast ottoman empire suffer the secrets of mahomets pidgeon , or the laying the foundations of their religion or alcoran vast empire to be disputed , or exposed unto vulgar capacities , that would sooner mistake or abuse then assent unto truth or the most certified reason . in the way unto which our fatality and ever to be lamented sad consequences that followed the late long parliament rebellion , mr oliver st john and mr rober holborne , two young lawyers , affecting a contrariety to the approved sence and interpretation of our most known and best old laws , and to criticise and put doubtfull interpretations upon the ever to be reverenced and wholsome laws and constitutions of the kingdom , did to that end expend much time in the search of all the records of the kingdom : the first of which laboured to propagate his design of ruining the kings power of taxing ship mony , and leavying it in case of necessity for the defence of his kingdom and subjects , but mr holbornes better opinion after all could not but leave him an earnest assertor of the kings rights and power therein , so as of the judges upon the debates of the kings learned councell and the peoples lawyer mr st john and others dispute arguing pro and contra , one against the other , ten of the judges giving their judgements therein against the said mr hamden , that that unhappy aforesaid ten shillings ought to be leavyed upon him , notwithstanding justice hattons and justice crokes dissenting opinions , who did afterwards forsake that begun and after long continued paths of rebellion . and that good and great man , that prepared the act of parliament for the converting tenures in capite into free and common socage , that took away the strength of our israel , and worse then the folly or ill managed love of old pelias daughters to make their aged father young again , whether misled by his friend oliver st john or overmuch in love of the well poysed temper of his so much admired the roman pomponius atticus , needed not to have been so over severe in the astringent penalties nailed and fastned upon that act of parliament and the breaking of that socage act , by adding to that much better of the tenures in capite no less then the affrightfull penalty of that of a praemunire , when it was not likely to be so great a stranger to his memory , that the learned judges of the kingdom had at severall times in the reigns of king james and king charles the martyr declared their well weighed opinions , that the tenures in capite were so fundamentall a part of our laws , as no act of parliament could be able or have force to repeal , change or take them away . and that in all the icarian attempts and high flights of the long called parliament rebellion , and even in their hogen mogen unparaleld nineteen propositions made unto their king , which , if granted , had taken away from him all the power of a king and a father , or to govern or defend his subjects . untill in that much mistaken erroneous act of parliament said to have been made in feb. . by some of the lords & commons of that which should not have been called a parliament when they made war & had like strange subjects and advisors beaten away their king , neither had there been any design of abrogating the tenures in capite or of that kind in all the brittish , roman , saxon , danish or normam times , to annull or dissolve so strong and solid a foundation as our feudall laws , nothing in the rebellion , force , and strange unkingly restrictions articles and agreements put upon king john at running mede , no grievance by the tenures in capite or by knight-service certified upon any the writs sent by king henry the . unto all the sheriffs of the counties and cities of england and wales to elect knights of every county and city to certify to the king and his baronage their grievances : nothing in the forced parliament and oaths upon king henry the . and his son prince edward , in the . year of his reign , nothing in his direfull procession and wa●king with his parliament of praelates and nobility throu●h westminster hall unto that abby church , with burning tapers , curses and anathema's against the infringers of magna charta and charta de forresta , then and yet holden in capite , with many of our liberties fundamentall and feudall laws therein contained , nothing desired or ordered to be taken away of them or any of them , no mention of them in the arbitration or award made by the king of france betwixt that king and his rebell barons , or when simon montfort and his partners kept him in their powerfull army a prisoner about a year or a quarter , no complaints or grievances against those tenures in capite , in all those multitudes of other supposed grievances , nothing in the petition of right , and times confirmation of magna charta and charta de foresta , as if they could never have enough of them , nor reformation desired in and through all the clownish rebellions and insurrections in england , in the times of wat tiler , john ball , jack cade , ket and others . and therefore whilst these underminers of our long lived monarchy , and in that their own happiness , have gratified their fond feavourish fancies in procuring a dissolution of as many as they could of our tenures in capite , for all if any they could not with the costly expence of . millions sterling in mony , besides an uncomptable and unvalued damage of four hundred thousand men women and children slain or massacred whole families ruined or for ever crpled , heaven angry and incensed , hell gaping , religion torn in more then one hundred pieces , and all for want of the care , provision , and protection , that the despised mother church of england , like the voice that was heard in ramah , rachel mourning for her children that they were not , our shames published in the streets , of gath and askalon , in the time of its peace , and the sins of rebellion and witchcraft , have as the egiptian locusts covered & overspread the face of our heretofore fruitfull island . and the protection and provision , usually made by our tenures in capite for younger children as well as the eldest affords them no better a care then to leave them when the mother is after the fathers death by some debaucht , rooking , or gamiug coxcomb , made a fool of and married again , as very often they will , are like lambs left as a prey unto the wolves or foxes ; the second husbands , who , if the mother have children by him , will be as too many are well content to help to fricasse the first husbands children to make portions or estates for the second , so as if it be enquired where is now the court of wards and liveries which hath been so pretendedly without any just cause at all complained of , they may find every where a court of wards and liveries lamentably governed by the fathers in law of england , wales , and ireland . they might do well to make more hast then they have done to repentance & consider how much more then nothing at all the nation was beholding to those overtures , as much as they could , of the monarchy & tenures in capite , have been to those commonwealth erecters have deserved of the people and those whom they pretended to represent in parliament , when instead of bread they have given them stones , and of fishes scorpions , and to shew the profoundness of their wisdom did as wisely as those that attemp●ed to drown the eel , when upon a great & serious consult they may easily discover no better effects or fruit of their overchargeable expences enforced upon the people to their own great and villanous gain , and the ruin spoil and inestimable damage of our , before that , most happy flourishing redoubtable kingdoms . when that act of parliament , for taking away the tenures in capite , doth but as much as it could convert them into free and common socage ( without any mention of pro omnibus servitiis ) and the law made by king ina , who reigned here from the year of our savior . untill after some part of the year . which is not specially repealed , by that act of destroying as much as it was able the tenures in capite and by knight service did ordain that scutarorum nullus ex pelle ovina scutafabricatur , qui secus fecerit solides , mulctator pro singulo quoque aratrobinos alat quisque ornatos atque instructos equites , and in a tenure in free and common socage fealty is a duty and service inseparable , as littleton saith and signifieth ( although as he putteth the case , is in the ceremony of the doing thereof sometimes different from homage ) for when the tenant doth fealty unto his lord he shall hold his hand upon a book and shall swear that he shall be faithfull and true to his lord , and shall bear him faith for the lands which he holdeth of him , and fealty is derived a fidelitate , ( feltman bestowing upon an originall of the like nature a fide ) and escuage draweth unto it homage , and homage draweth unto it fealty , for fealty is incident to every manner of service , unless it be in the tenure of franck-almoigne , and the tenures in capite and by knights service ( some only excepted ) being transferred into free and common socage without saying , per fidelitatem tantum pro omnibus servitiis , may , notwithstanding the forebidding or rejection of of homage and all other incidents of tenures in capite and by knights service , render the fealty incident unto free and common socage , by our laws to amount unto as much as that which the framer of that act of parliament hoped to extinguish , by converting , those tenures in capite as much as he could into tenures in pede , which should have been beleived to have been very fundamental and dangerous to alter , when the wisdom of the english and scottish commissioners authoris'd by an act of parliament in the reign of king james who had a great desire to unite the kingdoms of england and scotland in their laws and religion , as well as they were in their neighbourhood , and to have them to be in subjection under one and the same king and sovereign , were after long and learned conferences and disputes constrained to forsake that impossible to be atchieved enterprize , and our great incendiary mr john pym could in the year . harangue in that unfortunately seditious parliament that our laws , which he might or should have known , as to a great part of them , to have been composed and derived unto us from our german and northern progenitors , feudall laws intermingled with the civill and cannon laws with some municipall laws & consuetudines non malos in se as gavel kind and the rescripts , edicta , & mandata principum , responsa & adjudicata judicum & prudentum , not dissonant or contradicting each other the laws of god an rules of right reason were the peoples birth-right , and our persecuted , untill he was murthered , blessed martyr king charles the first did in the . year of his reign , when he signed that which they stiled the peoples petition of right , declare unto them that his maxime is that the peoples liberties strengthen the kings prerogative , and that the kings prerogative is to defend the peoples liherties , and may when all is done , if well and truly weighed in the ballance of right reason and understanding , and what hath hapned and may come to pass hereafter , easily discern that in england there never was such a confusion and overturning of our laws and ancient monarchick government , through all the successions of our brittish , saxon , danish , and norman kings , as hath been in england since the beginning of that famously infamous rebellious parliament and their undermining of our laws and libeties and turn all into an anarchy that they might gain a power to enrich themselves by the spoil of kingdoms , and ruining of as many as would not be as wicked rebells as they had been . and that when his majesty had released unto them the arrears of his profits by his tenures and court of wards and liveries , a million and a half sterling , and in his pourveyances , nine hundred and fifty thousand pounds , it was hugely praejudiciall to the king and beneficiall unto his subjects , too many of whom had rebelled against his royall father , persecuted and murthered him , hunted and would have extirped his royall posterity , and that it can be no otherwise accompted to be then a most barbarously ingratefull and unworthy act of the nation and people of england , after many knights fees and lands freely given and granted by the kings royall . progenitors to their forefather and their heirs , to be holden by knight-service and in capite , of which if the sixty thousand knights fees and more reckoned by some authors should be no greater a number then ten thousand , and valued but at l. per ann. as they may be conjectured to have been accompted in anno. edwardi . . they would amount unto l . per ann. and if each of them have since increased but unto l . per ann , which may be thought to be now the least improvement , might amount in yearly value unto millions sterling , ( and if that should be multiplyed times more as ordericus vitalis reckonet it , the yearly value thereof might swell unto one hundred eighty and millions sterling , ) besides great quantities of other lands freely granted in the severall reigns of his majesties royal progenitors , unto others of them & their heirs to be holden of them in socage , besides l . per an. or a very great yeerly sums of mony necessarily expended upon his military guards for the defence of himself & his people against sedition and rebellion-mongers more then his royal father & progenitors needed to have done if he had kept entire his said eminent and legall rights of tenures in capite and by knight service to endeavour to extinguish the right use of them , and forget their great and very great obligations to their prince and common parent , and royall progenitors , and take away from our kings the means whereby they should protect and defend themselves and their subjects from damage and injuries forreign and domestique . and those tax improvers and advantage catchers can ( as if that were not sufficient ) make it as too many of their actions and business to cozen and beg all they can from him , and instead of never ceasing to give him thanks for breaking the barrs of an hell of arbitrary power and slavery , wherein their counterfeit commonwealth's men by their perjuries and hypocriticall rebellion had brought them , and their cheating man of sin oliver cromwell had by his instrument of his own making lockt and bolted them fast enough , as he hoped , with a domine quid retribuam , what shall we render for all his benefits , make it the greatest of their care and imployment not only to take and keep from him all they can , even at the same time when they had obteyned of him an unparalleld act of indempnity and oblivion , to pardon and forget all their treasons and offences committed against him , and his blessed father , which in a small kind of calculation may not unprobably be believed to amount unto sixteen millions sterling in arreres of his own revenue , and or hundred millions sterling at the least for the forfeitures , which our laws would have given him with some mercy and moderation to boot for so small a recompence as during his life in the moyety or one half of the excise to his heirs and successors to be drawn out of the groans tears complaints and sorrows of which the main part of the common people who never did or are like to hold any lands of our kings in capite or by knight service , and should not have forgotten how they promised him to be his tenants in corde , and with what a princely and fatherly affection he told their representatives that he was sorry to see so many of his good people come to see him at whitehall , and had no meat to feed or entertain them , yet when he had bereaved himself of that grand and continuall part of the strength and support of his crown , power and dignity , and those entire rights of his monarchick government ; which our prudent second fabius , ever to be praised and remembred , from generation to generation , the late george monke , duke of albemarle , for his military wary conduct thorough almost insuperable difficulties , without hearkning to the syren songs of those that pretended to be for a common wealth or being tempted or deluded to restore his majesty to a cripled monnarchy , as the men of the rebellious rump or no parliament with their jugling covenant , or as many faces as they should have occasion to impress or stamp upon it , would have perswaded him to have done , and that great hero denyd to do , and that ill advised framer of that unhappy act of parliament to cut or take away the arteries , nerves , sinews and ligaments of the crown and head of our body politick , and in the doing thereof also might have bereaved the nation of the ancient and honourable assistance of the house of peers in parliament , which of ancient and long time immemoriall have been , as they should & ought to be , the firm & strong pillars & supports of our monarchick government , had not the earls of oxford and strafford magnanimously as a prologue to its restauration come to the house then called the house of commons in parliament , wherein that great monck , that unus homo nobis qui cunctando restituit rem , was then admitted a member guarded with his own so warily conducted army out of scotland , before his majesties happy restauration and the way had been prepared for it , and calling him unto the door of that house , demanded as peers their rights and priviledges , to have their house of peers doors opened , which upon his majesties blessed father's murther that so misnamed house of commons in parliament had shut up , and voted to be useless and dangerous , which he instantly of himself ordered to be opened , without any act , order or vote of parliament , into which they went and sat untill they gained more of their loyall party to help to fill their house again , which by degrees was shortly after ( especially after his majesties landing and coming to london ) replenished and restored , as their king and sovereign was . and the nation had notwithstanding by that framer of that aforesaid ever to be deplored act of parliament , been deprived of that only part of our parliament subordinate unto their king from the beginning of our very ancient monarchy ( and as it ought ever to be ) till the th , year of k. henry the . when he was a prisoner unto simon montfort and his army of rebells and not before : when some commons were in that rebellion elected to be as a part of parliament and to sit in a seperate lower house , ad faciendum & consentiendum iis which the king and lords should think fit or necessary to ordain , had it not been rescued and prevented by the care of the lord viscount stafford and the barons of abergavenny and dudley , awakened by the book a little before printed and published , entituled tenenda non tollenda , who caused a proviso to be inserted in the said act of parliament , that nothing therein contained should be extended or prejudiciall to the rights and priviledges and honours of the peers in parliament , or any that held by grand serjeanty , &c. and having by their good will left as few spears or swords as they could in our israel , to help to protect or defend it , could notwithstanding readily find the way to that ingratefull river lethe and sin of unthankfullness , which god and all good men do not only abhorr , but the most fierce and savage beasts of the field and fowls of the air do detest ; and could not be fully satisfied untill they could add unto the kings evil bargain the taking away of the royal pourveyance , which amounted unto no smaller a damage unto him then ninety or one hundred thousand pounds per ann. it being in the th , year of the reign of queen elizabeth , estimated in the saving of the houshold expences l. per ann. communibus annis , in the . year of the reign of king james l. per ann. and in the reign of king charles the martyr at the most not above l. per ann. communibus annis . but whether more or less is not to be found in the receipt or yearly income of the moyety of the dayly ceasing pretended recompence by the excise arising unto no more then one hundred and fifty thousand pounds deducting the no little charges in the collection thereof , and in taking away of that l. per ann. for the royall pourveyance brought upon the king no less a damage then one hundred thousand pounds per ann. and cannot by the most foolish of the people ( lunaticks out of their intervalls , ideots , very small infants , and children only excepted ) be with any manner of colour or shadow of reason believed to be any thing near a compensation singly for the pourveyance , and a great deal less for that inestimable jewell of the crown the tenures in capite and by knight service , the later a principall part of the support of the sovereignty and the former of the crown . for that the power , might and majesty that resideth therein is unvaluable , and not to be ballanced by any thing that is not as much , the pourveyance being in the fourth year of the reign of king james held to be such an inseparable adjunct of the crown and imperiall dignity , and some few years after believed by the incomparable sr francis bacon lord chancellor of england to be a necessary support both in law and politiques in other nations as well as our own , hath told us is such a sacra sacrorum as baldus and individua , as cynus termeth them , which jurisconsultorum communi quodam decreto by an uncontroverted opinion of all lawyers nec cedi nec distrahi nec abalienari a summo principe , cannot as bodin saith be granted or released , nor by any manner of way aliened or witholden from the sovereign prince nec ulla quidem temporis dinternitate praescribi posse , nor by any length of time prescribed against him , and therefore by besoldus called imperii & majestatis jura & bona regni conjuncta incorporate seu coronae unita quae princeps alienare non potest , the rights and empire of majesty and the goods and part of the crown so incorporate and annexed unto it as the prince cannot alien , which , for the subjects to attempt , would not be much different from an endeavour to restrain a prince by law against the law of god & bonos more 's , which by the opinion of the learned bacon the lord chief justice hobart and judge hutton would be void and of none effect , for the presents and good will of inferiors to their superiors is one of the most ancient and noble customs which mankind hath ever practised , and began so with the beginning and youth of the world , as we find the patriarch jacob sending his sons to his then unknown son joseph , besides the mony which he gave them to buy corn , a present of the best fruits of the country , a little balm , a little honey , spices , mirrh , nutts , and almonds . the persians in their kings progresses did munera offerre , neque vilia neque exilia , neque nimis pretiosa nec magnifica , bring them presents neither pretious nor contemptible , from which etiam agricolae & opifices , workmen and plowmen were not freed in the bringing wine , oxen , fruits , and cheeses and the first fruits of what the earth brought forth quae non tributa sed doni loco consebantur , which were not accompted to be given as tributes but oblations and free gifts , which made the poor persian synetas , when he met with artaxerxes and his train in the way of his progress , rather then fail to offer , hasten to the river and bring as much water as he could in his hands , and with a cheerfull countenance , wishes and prayers for his health , present it unto him . nor was so altogether appropriate to those eastern countries where god speaks first unto his people , and the sun of his righteousness did arise , but was long ago practised in england where the custom was as gervasius tilburiensis , ( who wrote in the reign of k. henry the . ) informs us that in the reign of king henry the . ) upon all addresses to the king quaedam in rem & quaedam in spem offerre , to present the king with some or other presents , either upon the granting . of any thing , or the hopes that he would do it afterwards , and so usually as there were oblata , rolls or memorialls kept of it in the reign of king john and some other the succeeding kings and queens , who seldom escaped the tender of those gratitudes of aurum reginae , mony or gold presented unto them as well as unto their kings , and was a custom not infrequent in the saxon times , as appeareth by our doomesday book the most exact and generall survey of all the kingdom , and so little afterwards neglected as it was paid upon every pardon of life or member , and so carefully collected as it was long after in the reign of king henry the d by an inquisition taken after the death of gilbert de samford , who was by inheritance chamberlain to the queens of england , found that he had amongst many other fees and profits due unto him and his heirs by reason of his said office six pence per diem , allowed for a clark in the court of exchequer to collect and gather that oblation or duty . for if there were no damage to a prince in his dignity and sovereignty , as it must needs be of no small concern , it can be of no small importance in matters of profit and other necessaries appertaining to his regality and the necessary protection and defence of himself and his people , as hath been truly calculated and made demonstrable . and when homage hath been defined by our learned lawyers littleton and sr edward coke to signify no more then ieo deveigne vostre home , et mutua debet esse , dominii & homagii & fidelitatis connexio , ita quod quantum homo domino ex homagio tenentis , tantum illi debet dominus ex dominio praeter solam reverentiam , and sr edward coke citing a part out of the red book of the exchequer saith , omnis homo debet esse sub domino de vita & memibris suis & terrenio honore , & observatione consilii sui per honestum & utile , comprehended in the words foyall & loyall , salva fide deo terrae principi ; and servicium is by him defined in liege angliae regulariter quod pro tenemento suo debetur ratione feodi sui , and the manner of doing homage and fealty declared or appointed to be taken in king edward the , was , that he should hold his hands together between the hands of his lord ; our littleton long after writing his book saith , he shall be ungirt , his head uncovered , his lord shall sit and he shall kneel before him upon both his knees , and hold his hands joyntly together betwixt the hands of his lord , and say , i become your man , from this day forward , of life and limbs and earthly worship , and shall owe you my faith for the lands which i hold of you , saving the faith which i owe unto my lord the king and to mine other lords . et homo & homagium saith sr henry spelman sunt verba feudaliam & in fundamentis juris illius , and after the osculum or kiss of the lord received , ariseth and taketh the oath of fidelity to be faithfull and true unto him , and saith bracton homage becometh to be ex parte domini protectio , defensio , warrantia , & ex parte tenentis reverentia & subjectio . and our littleton defining fealty as it is amongst the feudists a fidelitate , saith , that it is to be true and faithfull to his lord for the lands which he holdeth of him , and shall faithfully do unto him the service which he ought to do . and gervasius tilburiensis cited by sr edward coke might have added to the definition of homage on the king or lords part something more from the tenant or homager then reverence and subjection , and not have omitted the greatest tie and obligation which was gratitude , for the lands at the first given to his father and ancestor for that only service ; the tenant holding his lands & services under a forfeiture but the king or lord not simili modo but reteyning and holding his propriety & directum dominium without any limitation the utile dominium appertaineth unto the tenant untill he forfeits and then the lord may enter upon the utile , and annex it unto his directum and dispose of it as he pleaseth . and sr henry spelman saith licet non juratum est in homagio sed in fidelitate , intelligendum est quod fidelitatis praestatio individue sequitur homagium , et in nostro jure fidelitas est de essentia homagii , nam si quis fidelitatem remiserit cassum facit ipsum homagium , and in the language of our old records writs and rescripts of our kings and princes , homage and fealty do so often go together , as they may be seem to be adjuncts each unto the other and are in effect as to the subjection and service but synonimous and consignificant , differing only in the ceremonies , as our littleton saith , in doing the same which in the direction and stile of our kings mandates unto one that hath actually done his homage , the word fidelis is many times used without any mention of homage , dilecto & fideli suo , as comprehending homage , fidelitas autem particularis apud anglos individue comitatur omnes tenuras , etiam dimissiones ad brevissimum tempus nunc dierum , & quamvis nunc dierum parcius exigitur relaxari tamen nullo modo potest sine tenurae interitu . and homage and fealty being such inseparable concomitants as not to be separated , homage in the capite and knight service conjoyning unto it , fealty which is the reality effect and service thereof , and homage in those tenures the only ceremoniall part thereof , which would be to little purpose without the faith fidelity and service which can subsist and perform its services without it , and was so understood by our kings and princes in their writs of summons to their baronage to their parliaments when making no mention of homage which is often respited , commands them infide qua nobis tenemini to appear and be present . for howsoever amongst kings and princes , those great concerns of them and their subjects may be allowed to insist upon punctilio's of honour and very necessary concernments , which might be consequentiall thereunto , which caused our great and prudent king edward the first when he did his homage to the king of france for the dutchy of acquitaine carefully to except his ancient right to the dutchy of normandy , and the french kings denying his brave and victorious grandchild edward the . to do his homage by proxy made him so inquisitive into his own better title unto that kingdom as the french king paid dear for it , and the english king at length the owner of that great and flourishing kingdom . when fealty is conjoyned with the oaths of allgeance and supremacy , the true born only legitimate issue and children of the feudall laws , they will be like a fold cord not at all in reason or justice to be broken , and in matters touching inheritances , nobility , titles of honour , womens dower of the part of lands , and tenements , fees , tenures in capite and by knight service , rents , escheats , fines , felonies , forfeitures , tryall by battell , cum multis aliis , &c. our laws being not only founded upon them but supported and guided by them , it may be wondred it should be so unknown to our common lawyers , whom a carefull reading of our glanvil bracton britton and fleta , and a better acquaintance with their mother the civill and caesarean and feudall laws , with a due inspection into the ever to be valued records of the kingdom might better instruct then the malecontent and ill affected sr edward coke and some other of the later school or edition of those which are called common saviors , as not to believe with great assurance that that which they call so generally the common law is for the most part , if not all , the feudall law which they are pleased to call the praerogativa regis declared and acknowledged in anno , . e. . and likewise that of the view of franck pledge the next year ensuing , and that it was therefore not unfitly wished by a late learned author supposed to be a post-hume of sr henry spelman , that some worthy lawyer would diligently read the feudall laws , and shew the severall heads from whence those of our laws are derived , wherein saith he the lawyers beyond the seas are diligent but ours are all for profit , and an act of parliament in anno , . made by king charles the . for the settlement of the kingdom of ireland , wherein notwithstanding that it was in the ● th , year of his reign ordained that all lands and tenements in england and ireland should be holden of him his heirs and successors in free and common socage , there is a proviso and exception that all lands tenements and hereditaments ( in ireland ) setled or to be setled on the soldiers who are out of said act , and not provided for shall be , held of the king his heirs and successors by knight service in capite ; and it is well known that our unruly neighbours in scotland that could never be satisfied with the fat and plenty of our land of goshen untill the lean kine had eat up the fat , and they had set our before happy kingdom on fire with their hypocriticall , dissembling , illegall , wicked covenant , did not in all the mischiefs and miseries which they brought upon us and themselves in those their rebellious designs , make it any part of their desires to change their ancient tenures in capite and by knight service into free and common socage , which by unhinging the government would have set all the wild beasts of the forrests loose and at liberty , and made the otherwise unruly and never to be governed numerous vassalls so masterless as to tear in peices their lords lairds or superiors , and turn that monarchy to do as well as it can amongst a herd of rudeness and incivilities in their plads and blew capps . and the hollandiae , zelandiae , frisiaeque principes terra marique potentes heretofore nullo externo usi milite ex veteri longobardorum consuitudine sub certa quadam feudalitiae necessitudinis lege hoc est mutuae inter dominicum patrocinum ac fiduciariam clientelam veluti pactionis nexu beneficiarii instituerentur qui conceptis verbis interposita juratae fidei religione pro beneficio accepto patrono suo militarem operam praeberent navarentque ut scilicet quoties usus posceret parati in armis essent id quod jure feudalistico proprium feudatariorium munus atque officium est . et cum praediorum defectu in these provinces which ingenio soli quod natura depressum ac uliginosium were naturally scituated cum incilibus passim fossis lacubusque ac paludibus intercussum haud sane faciles aditus ostentat confisa & turbas & seditionum praemia converteret , and therefore to untie those obligations betwixt the lords and tenants and enervate those strengths and promptitude to a confidence in their own power , charles the th emperour , edicto perpetuo anno domini . officia haec militaria vulgo servitia dicta in universum abragavit vassallisque omnibus remisit . ea tamen lege ut fundi clientelares functionibus publicis ( quibus hactenus imunes fuissent ) in posterum non secus atque patrimoniales obnoxii existerent , and having so farr inticed them out of their old into a much worse constitution , with taxes and the spanish inquisition managed by the duke d'alva in a most tyrannical arbitrary goverment , so desperated them as after a long time expended in intercessions without any redress obteyned , and those their discontents heightned and made use of , by the policies of their neighbours the english and french , who had reason to fear the ambitious encrochments and evil designs of the king of spain to oppress them that were his neighbours ; and by the assistance of his late conquest of the west indies with their gold and silver mines endeavouring to make himself to be as it were the atlas of the world and extend his dominions to a fifth monarchy and a ne plus ultra ; all which concurring and put together with the conduct and adventurous successfull care of the then prince of orange assisted by the united seven provinces , whereof holland zealand and west freisland were the greatest incouragers , of the other , caused that faedus ultrajectinum , which in a long series and continuance of time of years making those netherland belgick provinces to be a campus martius and field of bloud , hath with an intermission only of years truce after that centnry ended , occasioned greater ruines & effusion of blood then the wars joyned all together between rome and carthage , and caesar and pompey in the pharsalian fields . so long and fatall from the beginning to the ending hath been that unhappy project of the dissolving the hollandish zealand and west freizland ancient feud 〈◊〉 laws by the altering their tenures in capite and by military service , which howsoever they had so continued depressed during the heat and fury of that spanish war been laid aside and intromitted saith neostadius , haec olim celeberrima feudalis curiae quam oraculum bataviae was wont to be called , the lords the states of holland & west-freisland did by a publique decree order that omnia instrumenta feudalia publica & feudalia scrinia should be searched put & kept in order ; and in his epistle ded. unto the estates aforesaid & judges of the said feudal court dated no longer ago then in the month of sept. . from alemar , saith likewise , that de qua intromissa saepissime quaerebatur denuo instaurata fuisset adeo ut vos ( the estates ) qui hoc tempore ejusdem reminiscentis feudalis curiae senatores sive pares estis negligereaut aliis postponere non posse . and yet they do think themselves at this day to be as free a people as any in the world with an high and mighty hoghen moghen into the bargain . and the framers and voters of that overturning as much as it could of our ancient monarchy , ( many of whom , as house of commons , members in that parliament , were knights baronetts , knights of the bath and knights batchelors ) might have been something more cautious then they were , and taken more care of the fatall consequences that might and would inevitably happen , yea more then by chance by an unavoidable necessity , or for the liberties of manors in england and wales and a great many of manors & liberties in ireland which had no other originall or foundation then monarchy or the unrebellious feudall laws and it and their continuance , for what could they imagine but confusion and villany would follow in the order of baronetts created by king james in the th , year of his reign limited at the first unto the number of . now supernumerated unto almost . to hold by the tenure of maintayning . foot-soldiers at d . per diem for years for the regaining of the province of ulster in ireland , what for any of the honourable knights of the garter that have no priviledge of peers in parliament , what for the knights of the bath that are to be made at the creation of every prince of wales being the king of englands eldest son , what for such as our kings have honoured or shall be pleased to dignify with the honor of knighthood or the sword or to be an eques auratus ; what care was taken in that levelling act in the effect of turning the tenures in capite and by knight service into free and common socage , for the honour and degree of knighthood or of that more meritorious extraordinary one of knight banneretts : was it ever intended they should go all to plow with some ill brewed ale to wet their whistles , with their sword and guilt spurrs promiscuously , some with blew or red garters or ribbons , and the rest without , and could there be no exception or proviso's inserted in that act for those honourable degrees , which appertained so only to the sovereign or a power derived from them , as our queens regent , in their incapacities of wearing or brandishing a sword or personal fighting , are by themselves or others commissionated by them only to grant or give those priviledges which are not a few and can have no other derivation or reason for their commencement then a militando , not as common soldiers but ex strenua & continuata militia tantum adipiscatur honor , when by the imperiall laws knights ex jure concessione principis prescriptione & consue 〈…〉 dine , were anciently at the receiving of that honourable o 〈…〉 to swear not to reveal any thing by solemn oath or vow 〈◊〉 concerneth his sovereign or his countrey , never to put on armour against his prince , never to forsake his generall , never to fly the field of his enemy , &c. had jus annulorum as the equestris ordo were amongst the roman knights used to be honoured with , when at the battle and overthrow of them at cannes there were gathered amongst the slain bushell of rings , in england and other northern kingdoms had jus imaginum coate armorius and besides what sr edward coke cannot deny to be an ancient priviledge due unto knighthood , as hath been before said to be free ab omni tallagio , a knight is not to have his equitature or horse distrained and taken in execution although it be for the kings debt , a knight accused of any crime ( treason shall not be examined but before his competent judge , ) against a knight in warr no prescription runneth , neither shall he be compelled to be guardian to children , except they be the children of knights , shall not suffer any ignominious corporall punishment , as hanging upon a gibbet unless first degraded , nor be set at any ransome but such as he shall be able after to maintain his degree . and in time of peace hath been so much valued and esteemed as knights associated in the kings commission of oyer and terminer might hear and determine forcible entries and outrages in the same country or province . a coroner , formerly an especiall officer of the crown , was to be a knight , a sheriffs certificate , and return of the tallies of the kings creditors , and monies paid as due unto them is to be accompanied with the hands of knights ; a sheriff cannot remove a plaint out of an inferiour into a superior court without the testimony of knights . knights and no other are to be sent by the sheriffs to make the view de malo lecti ; the knights of the shires elected to be members of the house of commons in parliament ought to be gladiis cincti , and the commons have in parliament petitioned the king and obteyned a grant that it might not be otherwise , ou autrement tiel notables esquiers gentilhomes del nation des mesmes les counties come soyent ables d'estre chivalier & noul home destre tiel chivaler que estoite enles degrees de vadlet ( ou varlet saith mr selden ) & de south , an infant holding his lands in capite or by knight service shall not be in ward after he is knighted , a knight inhabiting in any city or town corporate shall not be impannelled in a jury for the tayal of a criminall , in a civil action for debt or the like , wherein any of the nobility are plaintiffs or defendents . knights are to be impannelled on the jury . a knight shall not be distrained to serve in person for castle guard , although he do hold lands by that tenure . a certain number of knights are to elect a jury in a writ of grand assize , and none but a knight should be permitted to wear a coller of s. s. or golden or guilt spurrs . and the dignity of chivaler or knight , hath been in england so honorable , as earls , besides their greater titles , would many times use the title of chivaler only , and at other times desire to receive the honour of knighthood from the king after they were earls , and our kings have sometimes sent their eldest sons to be knighted by other kings . and a villain which sr edward coke stileth a sokeman or one that holdeth in socage is not by the law of nations and arms to be made a knight , unless he can manifest himself to be a gentleman . so great a disparagement , inconvenience , and disarming , and disabling the nation , both in the defence of their king and themselves and their posterity and the honour and dignity of their kings and princes with as much wisdom as if they should make their most earnest supplications unto god almighty the king of kings to lessen the sun & make him to be no more then a small farthing candle , have the procurers & contrivers of that most prejudiciall act of parliament , for metamorphosing the tenures in capite and by knight service into free & common socage , brought upon us that ever was contrived , against the imperial crown & dignity of our kings and the safety of their people and subjects , wherein they have attempted , as much as they could , to manacle our monarchy , and invalidate and make ineffectuall at once that great and unvaluable service , done by the gallant and generous george monke , in his majesties most happy restauration , with his entire and just regalities . when they should rather admire , and give god thanks for that goodly fabrick and structure of our laws and liberties , under the best of monarchies , then seek to eradicate and pull them up root and branch , by hearkening to that wicked advice , which mr bond , the master of the savoy , in the time of their troubles , and some distresses happening to the hopes of erecting their project of a commonwealth , founded in the murther of their religious king , and the blood of multitudes of their fellow-subjects , gave unto his fellow-rebells , in a consolation sermon preached by him before the then usurped house of commons in parliament , that if they could not prevail , they should imitate sampsons revenge upon the philistians , by pulling down the house upon their heads , with an encouragement and assurance , that , if they should fail or miscarry in that cause of god , he would have it after his death to be written upon his tombe , here lieth he that was deceived in his god and his gospel . the scutifer armiger or esq. which in a right definction , and in its true etymon and radix is and should be less , and of a lower degree then gentleman , as de gente fabia cornelia , ( although of later times it hath been otherwise believed and used ) and is not equivalent unto that of a gentleman , who hath many priviledges , as to bear arms or coat armory , the clown varlet or sokeman shall arise and give him place . a gentleman ought to be preferred unto offices before any man ignoble , and in matters of testimony magis credendum nobilibus quam plurimis aliis , may wear better apparell as to his body , and use more rich utensils in his house or necessaries : his vote vow or opinion is in the election or scrutiny of voices next after the president or magistrate & primam vocem edit nobilis , the ungentle shall not challenge the gentle to a combat , quia conditione impares with more priviledges , which the civill caesarean and feudall laws have given them . and those confusion mongers might once , if ever they intend to repent , ought not only to look back into the days of old , where in all kingdoms and nations of mankind , they may see it was found to be necessary to have severall orders degrees and classes of people , according to each of their capacities , had under kings appointed by god , those that were fit for magistracy and councell , military men and such as were necessary for war by land or sea , plowmen or such as might manage or till the earth , opifices or tradesmen , with the plebs or imperita multitudo , and how much sin and villany , great damage , ruine and confusion they have committed or done against their kings themselves and their own posterities in assaying to make an head out of the feet , or turn an head into a foot , or what kind of reformation could those contrivers imagine could ever be made out of such a chaos of their own making , which will inevitably prove to be in the sequel as impossible as for circes inchanted cup soundly or deeply drank off ever to unswine those that had been inchanted or transformed by it , or what form or frame of government we should have , when the caesarean and feudall laws , and the ancient rectified and rational customes of the kingdom shall be massacred , when ( the happily escaping ) baronage , temporall and spirituall , the knights , esquires , gentlemen and freeholders , the later of whom had no other stile or title at the best then probos & legales homines , must be put under or into no better a respect or condition then to be sent to plow as villain or varlets , and be no more then socage or sokeman , of which that of villainage or husbandry , hath been both by our littleton and coke accompted to have been a part , for laudes apud gallo● liberi sunt aut serviles , vernacula laudes francks & laudes serfs , hi rei rusticae ascripti , tributa pendunt & opera servilia , illi ad militiam designati nobiles habentur & immunes a tributis . and all men but meanly acquainted with the beginning , rise , duration and continuance of the vast roman empire , must acknowledge that they were at the first but bubulci & opiliones , such a company of shepheards and heardsmen , as their neighbours the sabines scorning to intermarry with them , they were forced to ravish and steal their daughters to make wifes ; and that after many wars , troubles , seditions and expulsion of their kings , and abrogating of former laws and customes , they rowled , tumbled over and over , and so disquieted each other , as they were constrained to send to sparta and athens , to enquire what laws and government they had , which for a while contenting and keeping them in some order , whilst they were busied in the building up their empire robbing and conquering a great part of the world , although with troubles enough the while , in the often change and turmoile of their magistrates as in their decemviri , consuls , tribuni plebis patricii and commons with the bloody interchange of the marian and syllan proscriptious triumvirate &c. untill they arrived at the happiness of perpetuall dictator and monarchy , yet in all that time and after the division of that overgrown empire mole ruentis sua , into that of the west and east , they never sought to abrogate the laws of the tables , the fontes and origines of the civill laws and those voluminous comments which have been made upon them by their jurisconsults & though long after hidden as for a great part disused and driven almost into oblivion by the irruption of the goths and longobards into the western empire , and the establishment of their better-natured and approved feudall laws , untill about . years after they had escaped the edicts of those northern people to be burned and never more used , and being found safe and entire , were in the time of lotharius the emperor brought in a grand procession and ceremony by torch-light into pisa or florence , and so ever after lived peaceably and quietly in the neighbourhood of the feudall laws ; so as the one became assistant unto the other , cohabited and would never after depart from each other , and even the late commonwealth rebells could not amongst all their new-fangles and devices forbear their being much in love with the tryalls by juries both in civill and criminall actions , which had both their use and foundation from the civill and feudall laws ; and oliver cromwell could after he had over-reacht and mastered them , find no better expedient to maintain the grandeur of his wickedly-gained protectorship , but to borrow and make use of that part of the feudall laws which allowed a subservient peerage , and therefore created some of his major-generalls , ( amongst whom were those grand states-men hewson the cobler , pride the drayman , and kelsy the bodiesmaker , &c. ) members of an house of peers , which he would by another name have called the other house , as superior to his house of commons , or rebellion-voters , who having sate and executed as much power as he could bestow upon them , did , after death had cropt his ambition , and carried him to his deserved severe accompt , attend with their whole house in grevious melancholly and mourning , his funerall and magnificent charriott of state , to be buried in westminster-abby , to lye there untill the hangman afterwards by a better authority fetched away his hipocriticall carcass to a more proper place , with their long-mourning train , supported by or of his nicknamed peers . and after those pullers down , as much as they could , of our excellent foundations to build up their abominable babell of murdering their king , destroying , massacring , plundering , sequestring and decimating of his loyal subjects & ruining his royal posterity , should after his miraculous restauration think it to be a great piece of service to themselves and the whole nation , to put under the shame and ignominy of a tenure unto which our laws never yet afforded any more then the lowest of titles , as rusticks , men holding by the service of the plough and villainage , to teach the most ignorant and incapacious part of the people how to master , equall or abuse their betters , or invite the hogs and swine into the gardens and beds of spices , to root up , foul , and trample upon the lillyes of the vallies and roses of sharon , hoping thereby to frustrate the glorious actions of that great generall monke , in the restoring of the king unto his just entire regall rights , and to lay a foundation hereafter of binding him and our kings in chains and our nobles in fetters of iron , and to make an easy way for all the people of other kingdoms to order and govern their kings as they hoped , by transforming their laws and regalities into such evil and ignorant shapes , interpretations and constructions as the people , 〈◊〉 like the dogs in the fable of acteon , might ( when they pleased ) be the murderers of their kings and princes and of their own laws and liberties . but that great and prudent prince in the time of his travail and abode , after his fathers death in the parts beyond the seas , and other great actions done by him before he returned into england , as fleta a lawyer of good accompt and not meanly instructed , as well in the civil as common laws , or else mr selden would neither have caused his manuscript ( so long concealed in libraries and passing from hand to hand , of such as could be made happy by the view thereof ) to be printed and published with his learned dissertations or comment thereupon , saith , that there having been a congress or meeting at montpellier in france upon the th , day of november or some short time after in the year , about the th , year of his reign between him and many other christian kings or their embassadours , viz. michael paleologus imperator orientis , rodolphus primus occidentis , galliae philippus audax , castellae leonis alphonsus , decimus summus ille astronomus & partitarum author , scociae alexander tertius , daniae ericus octavus , poloniae bodislaus , hungariae uladislaus quartus , aragoniae jacobus , boemiae ottocarus carolus , siciliae hugo hierosolonicorum & alii complures minoris nominis , qui regum christianorum vocamme fruebantur , wherein certain agreements and provisions were severally made touching the resumption , of the lands and manors appertaining to their crowns & kingdoms , together with their homage , rights , & jurisdictions , wherein , although mr selden that great diver and searcher into antiquities seemeth to doubt of the truth thereof , for that scriptores de hoc anno non conveniunt , and at that time rodolphus caesar had granted unto pope gregory the th ; latifundia circumquaque amplissima quae antea imperii pars insignis ; and saith that assertion or place in fleta is locus prodigiosus , the rather for that azo item jurisconsulti illius ( aevi ) summi vecusti , and our bracton maketh no mention of it in his chapter de donationibus , nor britton in his compendium juris , neither is it found in any other jurisconsults , or in fortescue who lived long after . howsoever , notwithstanding the great reverence and respect which every man of learning or well-wishers thereunto must or ought to bear unto our great selden , that dictator of learning so universally acknowledged not only in england but in the parts beyond the seas to be decus gentis anglorum , i shall be of necessity constrained in this particular to v●ndicate fleta from what he chargeth upon him concerning the provisions and resolutions made and taken by our king edward the 〈…〉 and ●●e aforesaid christian kings and princes , who , especially alexander king of scotland and the kings of france , castill , and leon , near neighbours to england , or his french territories , together with the emperor of germany , and the king of sicily , by whom he had been sumptuously feasted in his return from jerusalem , might probably not have been ignorant of his own and his fathers and grandfathers troubles and ill usage , by some of his rebellious baronage and a party of the ecclesiasticall and common people depending upon them , or allured unto their ill usage of their kings and princes . but to appeal to his own vast reading and the company of his large and eminently furnished library , with his collection and recherches of and into all the records and choice manuscripts in england all the uuiversities thereof and forreign parts , the roman vatican not excepted , and what could be in that famous library of sr robert cotton whilst he lived , truly believed to be the esculapius librorum . and it will be undoubtedly certain that there hath never been , since the writings of the books of sacred scripture , any infallibility or absolute certainty , that a gospell of st thomas hath been assayed to be imposed upon the christian world , that st paul's epistle to the hebrews , though by the church admitted to be canonicall , have met with some jealousies , who was the author thereof , the great care of the monks , mentioned in the preface of dr watts his edition of matthew paris , to have truths ●n●y registred to posterity , have not freed us from the discrepancy amongst our ancient writers as unto matters of fact , as well as of opinion , and reasons given thereof , and even in that plain dealing monk of st albans matters of consequence have been omitted , though he was king henry the . his historiographer , which others have recorded , and some things recited that others have omitted , and it will ever be impossible to reconcile the every where apparent differences amongst ancient authors as to things done , when non omnia possumus omnes hath been truly said , one man may know all , and others but some part , one thinks it not necessary to record some things , and others the contrary , and quot homines tot sententiae , our english chronicles written by hollingshead , grafton , fabian , stow and sr richard baker , have not been written with one and the same pen memory or intelligence . and it is likely that all , or most of them , have not given us the true relation of the cause or misfortune of the firing or burning of the famous high steeple of st pauls cathedrall in london , and a great part of an hundred years hath passed , whilst the people have entertained a belief , that the height of that steeple and lightning had been the cause of it , untill a plummers boy , grown up to a very old man , did upon his death-bed confess that it was his own carelessness that did it by leaving of fire amongst the chipps that helped to melt the lead , whereby the steeple and church fell on fire , and that untill then he durst not reveal it . and our great selden may suffer the world to believe , that in his most excellent book of mare clausum , to prove the dominion of the brittish seas to appertain unto our kings of england he hath discovered more then ever was known or written of before by any author , and of many other his learned recherches in all the parts of the most severe and hidden learning through the western and eastern languages , opening and discovering of many of the rich mines of knowledge & learning , which untill his industrious labours had blessed the world with the knowledge thereof , had yet probably lain as it were buried and concealed . and certainly were that summus ille vir great man of learning now living , he would ingeniously confess that , that even in his own times our great physitian the learned doctor harvey hath discovered and made it to be confessed and believed , without any contradiction of the learned in the medicinall art , that the blood in the body of a man doth circulate unto the heart , which gallen , hypocrates , avicen , averroes , or any the medici , physitians , and anatomists pancirello and his learned commentator salmuthius that travailed so much in the search of the occultia & nova reperta of the world from the creation thereof , never met withall or were able to demonstrate as he hath done , and mr selden must of necessity permit it to be likewise believed that our english annalists , historians and records will witness , that before the reign of king edward the . and that grand parliament , or congress of him and the aforesaid christian kings mentioned by fleta , our henry the . king of england , did not only resume and call back to the revenues of his crown divers manors , lands and hereditaments , which his royall predecessors had aliened , but king edward the . henry the th , th , and edward the th , did the like . for choppinus in his book de antiquo dominio regum francia hath given us the reason and necessity thereof , and our parliament rolls can evidence that the commons of england have complained that our kings have granted away to their subjects too many of the liberties belonging to the crown of england , and it was one of the articles , exhibited against the rebelliously deposed king richard the . that he had aliened certain manors and lands of the crown . and the actions and proceedings of king edward the . after his return into england , and that aforesaid congress and meeting of so many christian kings and princes , must of necessity greatly corroborate and confirm fleta's before-mentioned assertion , when the great actions of that prince after that he came into england may evidence that he was diligent and carefull in the performance of what he undertook and understood rationally to be done in his own kingdoms and provinces , and might well think that many of the aforesaid other kings and princes would have done the like , if some other evenements or disturbances , as the long continued wars in france , and the aurea bulla in the empire of germany , had not lessened or hindred their resolutions . so as our excellently learned mr selden may give me and others leave to say , that when fleta recited that dreadfull procession , imposed and put upon king henry the . to walk through westminster hall to the abby church of westminster , cursing and condemning to hell the violaters of magna charta and charta de forresta , and saith it was done in praesentia & assensu regis henrici , archiepiscoporum , episcoporum , abbatum , priotum , comitum-baronum , magnatum regni angliae , he doth not mention king johns charter being read , as mathew paris and samuel daniel have related , or of the record before specified of the kings speciall saving of his regalities , and it happened well that none of the predecessors or progenitors of the house of commons in the parliament of . and their continuators , through all that long and fatall rebellion , the most ingrate and greatest infringers of magna charta and charta de forresta , and as great over-turners of reason , laws , religion , and truth , and the english nation , and the sense , construction , and true meaning of the words heretofore used , or misused therein as ever was or hath been in any nation , countrey , or kingdom , or at the confusion of languages at the building of the tower of babell , or amounting to all the nonsence that hath ever since been spoken by or amongst mankind in an everlasting spirit of contradiction to reason , truth and the laws of the land. and fleta , a contemporary lawyer , under that valiant and prudent prince hath likewise recommended to after ages that res sacras coronae fuere liber homo , pa● , jurisdictio muri & portae civitatis quae nullo dari debeant . and that res quidem coronae sunt antiqua maneria regis , homagia , libertates & hujusmodi quae non alienentur , tenentur rex ea revocare , secundum provisionem omnium regum christianorum apud montem pessulam mompellier in languedock anno regni regis edwardi , fil . regis henrici , quarto ; et si de escaetis suis perinde debeant ad valenciam , nec valebit deforciantibus longi temporis praescriptio , diuturnitas enim temporis tantum in hoc casu magis injuriam auget quam minuit , cum constare debeat singulis quod hujusmodi libertates de jure naturali vel gentium ad coronam tantum pertineaut . and that great king was so more then ordinarily carefull of the rights and honor of his crown and regall authority , which had been too much depressed and misused by the rebellion of simon montfort , and some rebellious barons , and his fathers imprisonment , with the wars and hardships put upon them , & did so well provide against any the like troubles and convulsions of state , as in his return through france , and abode for some time in aquitain , where he was sumptuously feasted by the king of france he took an especiall care when he did homage to him for aquitain and some other dominions he held of him in that kingdom , to limit it only unto them and except normandy , where he expended much time in the setling of his affairs . but howsoever summus ille viz our mr selden was of opinion that so remarkable a provision and monarchical resolution of our king edward the first and so many emperors and christian kings and princes to conserve the rights of their crowns reported by fleta , was prodigious , and taken too much upon trust and an over facile credulity of our carceratus fleta as he termed him because resumptions of the sacred patrimonies aliened had been used here in england long before and not used at or about the same time by rodulphus primus the emperor of germany when he granted to pope gregory the th , bononia ( in italy ) et latifunda circum quaque amplissima quae ante imperii romani pars insignis and permitted to be aliened to the pope who was not then so easy to be resisted , and that choppinus and those many great and learned doctors of the law that had written and argued so much concerning those kind of alienations and our own historians had been altogether silent therein yet that decus anglorum gentis might in his great recherches of our english records laws and annalls have found that our king edward might have been believed to have taken such councel either from his former calamities , in his & his fathers time , or by a generall consult with some or all of those christian princes or their legates for that he was no sooner arrived in his own kingdom and dominions but he began to busy himself as much as his other great cares and variety of troubles would suffer him to do in the allaying the unquietness of the disturbances which humfrey do bohun constable of england , rigor bigod , earl marshall of england , gilbert de clare earl of glocester and many other the remains of his fathers more then cammon distresses , and in his wars with scotland and annexing the rights and superiority of it to his crown of england in the placing & displacing of the kings and heirs thereof a regality superlative not to be neglected and an effect pertinent enough to that monarchick universall consult ; when in the fourth year of his reign an enquiry was made of all the manors and lands , tenements , parks , buildings , woods , tenants , commons , pastures , pawnage , honey , herbage , and all other profits of forrests , waters , moors , marshes , heaths , turbury and wasts , and how much it was worth by the year , mills , fishings common and severall freeholders and copyholders , by what service they did hold their land by knight service or in socage , and what reliefs what customary tenants and by what works or service they did hold ; what rents of assise what cotages and curtilages and what rents they do pay by the year , what pleas and exquisites of the counties and of the forrests and what they were worth by the year , what churches of what yearly value and who was the patron with the yearly value of herriotts fairs markets escheats customes services fore time works and customs and w 〈…〉 t●e pleas and perquisites of courts fines & all other casualties were worth by the year or may fall by any of those things ; an inquisition much resembling that of the norman villains enquest in the book of domesday or that which long before preceded it called the roll of winchester and in his elaborate recherches of all the ancient records annalls historians manuscripts and memorialls of the brittish saxon scotish and english nations for the clear evidence and manifestation of his undoubted right to jus superioritatis oftke kingdom of scotland . and in the same year what things a coroner should enquire of purprestures or usurpation upon any of the kings lands and that they should be reseised . a statute of the exchecquer touching the recovery of the kings debts made in anno . e. . a cessavit per biennium to be brought by the chief lord with a forfeiture upon him that neglecteth to do his service by the space of years . in anno . fined of of his judges accused and indicted of taking bribes and very great summs of mony statute of quia emptores terrarum that the feoffs shall hold his lands of the chief lord and not of the feoffer . and afterwards caused the judges at their return out of their circuits to rectify in rolls of parchment all fines and amercements due unto him and ordered them to receive only their then small wages thereout , curbed the clergy that denied to give him aids , and forbad them to come to his parliament which was holden , untill their submission with a clero excluso and granted his writs contra impugnatores jurium regis , made statutes of quo warranto in . e. . that every man should shew cause how he claimed or held his liberties . ordinatio de libertatibus perquirendis . e. . statute of wards and reliefs anno. . e. . another statute of quo warranto . anno. . e. . ordinatio forrestae anno. . e. . so that pace tanti viri with all the honor and reverence that can or ought to be given to mr selden that dictator of universal & solid learning it may be said that our fleta which was by him so well esteemed as to have been published and caused to be printed with his learned dissertations and comment thereupon might well have escaped his scruples and distrust , when in that great kings travail from hierusalem or out of aba homewards he was royally feasted by the king of sicily one of the aforesaid confederate christian kings the pope and divers princes of italy . and when the pope had afterwards demanded years arrears of him for an yearly tribute of . marks for the kingdom of england and ireland enforced from king john did by his letter answer that the parliament was dissolved before his letter came unto his hands and that sine praelatis & proceribus ( no commons therein mentioned ) comunicato concilio sanctitati suae super praemissis non potuit respondere & jurejurando in coronatio sua prestita fuit astrictus quod jurat regni sui servabit illibata nec aliquid quod diadema tangit regni ejusdem , ( no such oath or promise being in the coronation oath ) ut nihil abusque illorum requisito concilio faceret ; and that greatly learned man could not but acknowledge that there were afterwards resumptions of crown-lands in the reign of king henry the . the alienation of some of the crown-lands severely charged upon king richard the d . anno. . h . by an act of parliament and in the reign of king edward the th , at the request and upon the petition of the commons , and were much more needfull then those that had been before in the reign of king henry the . made leoline prince of wales to come and do him homage and baliel king of scotland attending in our p●rliament to arise from his state placed by the kings and stand at the bar of the house of peers whilst a cause was pleaded against him . and it might not be improbable that that league betwixt that king and the aforesaid christian princes might be entred not amongst the common rolls and records of england but of gascoigne where it was most proper and that some vestigia of his great actions might be there found of it as well as that of the th year of his reign of a summons of divers english barons to come to his great councell or parliament , in england ; and it could not be unknown to that great man of learning , that as authors and writers have learned and writ one out of another , so have many wrote that singly and alone which many of the contemporaries have either not been informed of or did not think fit to mention the dreadfull plagues of egipt and the most remarkable that ever were in so short a time inflicted by god upon any nation of the earth , since the universall deluge , destroying all but the righteous noah & his family & the several kinds of creatures perserved with him , & the passage of moses thorough the red-sea in his conduct of the people of israel into the land of canaan were not to be thrown out of the belief of christians & all others venerating the sacred scriptures , because plato or pythagoras travailing into egypt in the inquest of learning have given us no particular accompts thereof , and it will ever be as truly said as it hath been , that bernardus non videt omnia & the ancient institution rites & ceremonies of the most honourable garter is not to be suspected because our law and statute books have not made such discoveries , recherches , or a worthy and most elaborate record thereof as the learned and judicious mr elias ashmole hath lately done , or our glauviles book de legibus & consuetudinibus angliae is not to fall under the question whether he was the lord chief justice of england that wrote it because there hath not been so much heed taken of him as ought to be by our common-law year-books or memorialls of cases adjudged in our courts of justice and later law books when the learned pancirollo in his book de deperditis ac etiam de novis repertis and the exquisitely learned salmuthius in his comment or annotations thereupon , or the learned pasquier in his recherches and our ever to be honored mr selden in his rescuing from the injuries of time those many before hidden truths which he in his history of tithes jauus anglorum analett brittanniae titles of honor de synedriis judeorum u●or jus naturae & gentium historia ead mei cum multis aliis , and those very many discoveries of learning and truth which the world must ever confess ought to be attributed to his walking in unknown paths nullius ante trita pede have very justly escaped any such suspicions and that long and eminent treaty for peace at nimiguen for divers years last past managed by most of the monarchs of europe and their concerns wherein the care and mediation of our king in the charge of his plenipotentiaries have not wanted gratefull testimonialls of the many very much concerned kings and princes in the putting a stop to the warrs effusion of blood and devastation of so great a part of christendom is not or ought to be placed amongst the non liquets or doubtings of after ages because ( which by some incuria or neglect of our recording of it amongst our archives , which the more is to be pittied is not much unlikely to happen ) it is not to be met with amongst our records or historians . when the so much deservedly admired speculations and experiments of the excelently learned sr francis bacon lord verulam in his philosophy more then aristotle and many others had made those discoveries of des cartes , depths and investigations of our sr kenelme digby into the most abstruse parts of learning and that great addition now every where allowed to be true to that most necessary and usefull art or faculty of physick of the circulation of the blood in the bodies of men first discovered and made apparent by our late learned doctor harvey , though the egiptian arabian and grecian doctors and the greatly famed galen and hypocrates had in all their labors knowledge and practice not so much as taken notice of it were never the worse but rather much the better that former ages and men in the length of art and the short curriculum of their lives often intermitted with sickness and the cares and troubles of the world had no sooner communicated it neither ought the truth and value of our allways highly to be esteemed seldens labours in the vindication of our kings sovereignty in our brittish seas suffer any abate because no englishman before had undertaken it , or of his learned observations and comments upon sr john fortescues book de laudibus legum angliae because he did not mention or had discovered that that over-tossed and turmoiled worthy and learned chancellor was after the expulsion of the henrys . . th , of the house of lancaster under the later of whom he had faithfully served from the inheritance of the crown of england by king edward the fourth , with his better title enforced publickly to beg his pardon and with much ado and by writing and delivering unto him a book contradicting the title of those former kings and asserting that of his own , which appeareth in that act of parliament in the th year of that king for the reversall of his attainder . and those disturbers and misuses of our fundamental laws might do well to sit down and consider that our uncontrolled every where in england venerable littleton can certify us , that if a man hold land of his lord by fealty only for all manner of service , it behoveth that he ought to do some service to his lord , for if the tenant ought to do no manner of service to his lord or his heirs , then by long continuance of time it would grow out of memory whether the land were holden of the lord or his heirs , and thereupon the lord may loose his escheat of the land or some other forfeiture , so it is reason that the lord and his heirs have some service done unto them to prove and testify that the land is holden of them and that without taking away the fealty and repealing the oaths of allegeance and supremacy the duty and oaths of the subjects remained as they did whilst they held their land in capite and by knight service . which probably as may sadly be lamented could never have hapned if the later men of the law in england had not by the space of something more then forty years , last past , leaped over ( as it may be feared they have overmuch done ) the successive learned labours and books in a long process of time in the reign of our regnant kings and princes divers judges and sages of our laws recording from time to time cases judgments decrees and dicisions maturely and deliberately adjudged therein : but too much neglected those guidings better guides and faithfull directors the civill and feudall laws , and suffred their studies and practice to be imployed and incouraged in the factious se●i●ious & rebellious principles of those times , by following the gross mistakes of sr edward coke in his discontent malevolence and ill will unto the necessary and legall regalities of the crown and idolizing , as he did , those grand parcells of forgery and imposture entitled the mirrour of justice , and the modus tenendi parliamentum , and their neglecting the readings of glanvile , bracton and britton , and other good authors . and the civil law was the parent and mother of many of the maximes and principles of that which is now called our common law , and those men of the law who without books subsistence or estates , when they went beyond the seas , with their sovereign , and had not there the opportunities of the knowledge or help of the records of the kingdom that might have been their best instructers , were for the most part but young gentlemen born and bred in the times of our distempered parliaments , ( as those were that tarried here , who walked along with the rebellion , too much adhered unto them ) and came weather-beaten again with his majesty , had understood as they might have done , the originall foundation and continuance of our monarchick government . but king edward the . who had passed over and overcome so many hardships , difficulties , misfortunes , and storms of state , was so unwilling to be afraid of a part of his unquiet baronage , or to humour the popularity and ignorance of any of the common people , or to be in fear of them , or of any their factious or seditious machinations , making what hast his affairs would permit to return into england , where his father having by his death escaped the restless conflicts of a long and troublesome reign , and his exequies and ceremonies of buriall performed , róbertus kilwarby , cantuariensis archiepiscopus , gilbertus de claro comes gloverinae , ( a man that had been in armes and opposite enough against his father and himself in the former convulsions of state ) and john warren earl of surrey ( saith samuel daniel went up to the high altar ) cum aliis praelatis ac regni proceribus londiniis apud novnm templum convenerunt edwardum absentem dominum suum ligeam recognoverunt paternique successorem honoris ordinaverunt assensu reginae ( non populi ) and before his return into england john earl warren and gilbert de clare earl of gloucester in the abby church of westminster sware unto him fealty ( without asking leave of the people ) and proclaimed him king , although they knew not whether he were living or dead , caused a new great seal to be made , and appointed six commissioners for the custody of his treasure and peace , whilst he remained in palastine , where by an assassin feigning to deliver letters unto him , he received dangerous wounds with a poysoned knife ( then said and believed to have been cured by the love of his lady , that paragon of wives and women , who sucked the poyson out of the wound , when others refused the adventure ) and after years travail from the time of his setting forth , many conflicts and disappointments of his aids and ends , left acon well fortified and manned , and returned homewards , in which as he travailed , he was royally feasted by the pope , and princes of italy , whence he came towards burgundy , where he was at the foot of the alpes met by divers of the english nobility , and being challenged to a tournament by the earl of chalboun , a man of extraordinary renown , successfully hazarded his person to manifest his valour . thence came again into england , with the great advantages of his wisdom , courage , and reputation , assisted by the memory of the fortunate battle at evesham , and his actions in the east . sect . xviii . of the methods and courses which king edward the . held and took in the reformation and cure of the former state diseases and distempers . king edward the st , was together with his queen crowned at westminster by robert archbishop of canterbury , ( alexander king of scotland and john duke of britanny attending that solemnity ) which being finished he shortly after forced leoline prince of wales ( who had taken part with montfort against his father king henry the third ) to do him homage , and after a revolt imprisoned and beheaded him , did the like to his brother david , and united wales as a province to england , made the statute of snowden , considered and perused their laws , allowed some , repealed others collected some , and added new , as he well might there do , ( for the prince or king which governed wales had always used so to do ) and appointed one to give his assent to the election of bishops and abbots . and when the pope demanded yeares arreares for the rent or tribute of the kingdoms of england and ireland enforced from king john , did by his letter answer that his parliament was dissolved before it came , and that sine praelatis et proceribus communicato concilio sanctitati suae super praemissa non potuit respondere , et jurejurando in coronatione suam praestito fuit obstrictus quod jura regni sui servabit illibata , nec aliquod quod diadema tangat regni ejusdem ( no such clause or promise being in the coronation oath ) ut nihil absque illorum requisito concilio faceret . sent to franciscus accursius docto : of laws resident at bononia in italy , the son of the famous accursius the civil lawyer , to come with his wife & family into england & by his writ to the sheriff of oxfordshire commanded him to deliver unto the said doctor accursius the king 's manor house and castle of oxford ( then no mean place ) for him and his wife to inhabit . did so imitate the wisdom and providence of the roman and caesarean laws , as augustus caesar , and other of the succeeding emperours had done , as he gave unto men learned in the laws ( which was more for the peoples good then in their suits and actions at law to court and live under the protection and humours of their popular patroni's ) libertatem respondendi to give councell and advice to their clients in their concernments at law and direct and plead their causes , and was with us in england the originall of our serjeants at law , and pleaders mentioned in the statute made in the d year of his reign with great penalties to be inflicted upon them for any falshoods or deceits which should be committed by them , which in the d year of the reign of king edward the d came to be so much in use and reputation ( much more since augmented by the grace and permission of our kings and princes into an eminent state and degree ) as they are only to be made and constituted by the king's writs , appointed for the people to help them to justice in their causes or actions either as to prosecute for their rights , or defend them from wrongs , and oppressions , and intimate , and shew unto judges what the laws do require to be done according to justice and equity , and must needs be gratefull to the people who were so thereby freed from maintenance , champerty , and quarrels too frequently haunting the courts of justice as it was enough for an advocate or lawyer in discharging himself from actions brought against him for champerty or maintenance to plead that he is homo legis and was retained by his client . although the word narrator or narratores pleaders have been found to have been used in the later end of the reign of king henry the . which might either proceed from the civill or caesarean laws whereof the lawyers of those times would have been ashamed to have been such profest enemies as some of ours are pleased to be , because they do not or cannot afford to understand their excellencies or from the use or misapplication of some newly devised verba novata by some rash or inconsiderable authors or writers unto some long before by gone and past ages such as hint sham , &c. not at all in those times made use of or understood which have produced great digladiations and disputes both amongst writers and readers and made many that otherwise would not or should not go to cuffs in the dark for little or nothing . and to satisfy his subjects in the grand concernments of their laws , and liberties , lives , and estates , and to cause them to be fully kept , and executed , sent his writs to his justice of chester , and the sheriffs of all the counties of england in these words , viz. cum propter communem utilitatem & totius regni nostri meliorationem & populi nostri relevationem de communi concilio praelatorum & magnatum regni ejusdem ( no knights , or citizens , and burgesses for the commonalty being then present or believed to have been necessary ) quasdam provisiones & quaedam statuta cum magua diligentia ordinari & postmodum sigillo nostro signari fecerimus tam a nobis quam a ministris nostris quibuscunque quam ab ipsis praelatis & magnatibus nostris ac tota communitate regni praedicti ( then understood to be included in the advice of the prelates and nobility ) ad perpetuam memoriam rei gestae inviolabiliter observand vobis mandamus in fide & dilectione quibus nobis tenemini firmiter injungentes quod provisiones & statuta illa in pleno com. cestr. & in singulis hundredis ejusdem comitatuus , civitatibus , burgis , villis , mercatoriis , & locis aliis ubi expedire videritis legi & publice & solempnitor proclamari & ea in omnibus & singulis articulis suis & ab omnibus de baelliva vestra futuris temporibus juxta tenorem corundem firmiter & inviolabiliter observari & provisionibus & statutis illis sic proclamatis & ea in singmlis locis infra ballivam vestram ubi expediri videritis distinct & aperte conscribi & ea fidelibus nostris locorum illorum sic scripta sine dilatione liberari vobis ac ballivis & fidebus nostris habere cum eis indigueritis ostendenda & quatuor vel duobus militibus de fidelioribus & discretioribus militibus comitatus praedicti de assensu totius communitatis trad● faciatis ( those knights only and no citizens or burgesses trusted therein ) ad securitatem dictae communitatis cusiodiend . & it a vos habeatis in hoc mandato nostro exequendo ne nobis seu aliis per vos vel vestros seu vobis per defectum vestrum vel vestrorum imputari possit vel debeat quod ea quae in dictis provisionibus & statutis continentur vel corum aliquae in balliva vestra minus plene observentur , & hoc vobis & universitati comitatus praedictitenore presentium significamus , t. r. apud westm. die mar. consimiles literae diriguntur singulisvice comitibus per angliam , which needed not to have been said there if there had then been an house of commons in parliament or any such comprehension or representation of commons by commons in parliament as the authors of their supposed sovereignty have fondly imagined . and at the instance of john de cobham altering the tenure of some of his lands in gavel-kind , did it by his charter in these words , ad regis celsitudinis potestatem pertinet & officium ut partium suarum leges & consuetudines quas justas & utiles censuerit , ratas habeat & observari faciat inconcussas , illas autem quae regni robur diminuer potius quam augere & conservare abolere convenit aut saltem in melius commutare . directed his writ to roger de seyton and other his justices itinerant at the tower of london in these words , viz. rex dilectis & fidelibus suis magistro de seyton & sociis suis justiciariis itinerantibus apud turrim london , sal●tem . sciatis quod per dominum h. regem patrem nostrum & nos , ac consilium , nec non & alios fideles suos qui cum eodem patre nostro convenerant apud marleberge provisum fuit , quod si coram quibuscumque justiciariis itinerantibus appellum vel querimonia fieret de roberia & pace fructa vel homicidio aut aliis commissis tempore guerrae nuper suborte versus eos qui fuerunt contra eundem patrem nostrum vel alios , aut dc hujusmodi commissis presentationes fierent sicut ad capitula coronae fieri solent , nullus ea occasione amitteret vitam vel membra , aut penam perpetui carceris incurreret , set alio modo de dampius & amissis vel ablatis & transgressionibus fieret judicia & castigatio secundum discretionem justiciariorum dicti patris nostri & insuper diligenter attenderent & observarent ea que continentur in dicto de kenilleworth . et habeant justiciarii in singulis itineribus suis transcriptum dicti prefati , ita quod de his quae per alios justiciarios ips●●s patris aostri ad hoc assignatos termina fuissent seu terminari deberent , nichil facerent justiciarii dicti patris nostri itinerantes sine speciali mandato suo , si forte sibi idem pater noster aliquid injungeret & sciendum quod tempus guerrae incepit a quarto die aprilis anno. regni dicti patris nostri quando vexillis explicatis exivit cum exercitu suo ab oxonia versus northt . & duravit continue usque sextum decimum diem septembris anno regni dicti patris nostri xl . nono quando apud wyntouiam pacem suam post bellum de evesham in presentia baronum suorum qui ibidem convenerant firmari fecit & clamari ; ( no commons or knights or burgesses representing for them ) provisium fuit etiam ne aliquis amittteret vitam vel membra pro roberiis aut homicidiis aut aliis commissis sub specie guerrae per illos qui contradictum patrem nostrum erant a quarto die junii anno regni ejusdem patris nostri xlvii . quando illi vexillis explicatis primo per terram suam incedentes roberias homicidia & incarceraciones tam personis ecclesiasticis quam secularibus fecerunt usque ad predictum tempus quo ab oxonia versus northt . cum exercitu suo recessit . de aliis autem quae tempore illo sub specie guerrae non fiebant haberetur tempus illus velnd tempus pacis . a tempore autem supradicto quo apud winton pacem suam firmari fecit & clamari , curreret lex pro ut tempore pacis currere consuevit . ita tamen quod illi qui fuerint apud axeholm . sive apud kenill , vel insula elyens . vel apud cestrefeld vel postmodum apud suwerk observaretur plene pax sua prout eam habere deberent sive per dictum de kenileworth sive per privilegia sua de pace sua sibi concessa . de illis autem qui cum com. gloverniae in ultima turbatione fuerunt , observaretur pax facta inter dictum patrem nostrum & ipsum com. ita quod a tempore quo dicto comes recessit a wall. versus london . usque ad diem quo recessit a civitate praedict . non procederent justic. contra ipsum vel eos qui erant in parte sua . et hoc de illis tantummodo intelligeretur . de depredationibus autem utrobique factis & tempore praedicto observaretur hoc quod pace inter dictum patrem nostrum & ipsum comitem facta continetur . et ideo vobis mandamus quod hec omnia in prefato itinere diligenter observari faciatis . t. r. apud kickleton . xix . die marc. . e. . he commanded the sheriffs to distrain every man that had l. per annum , in land , or a whole knights fee of the li●e value , and hold of him in capite & milites esse debent & ad arma militaria within such a time a nobis suscipiend . which was like a nursery for military affairs for the continuance of those gallant necessaries for publique defence in and by the obligations of their tenures , wherein a great part of our fundamentall laws , oaths of allegeance , loyalty , and duties of subjects do subsist . and by an inquisition taken in the same year at launceston in cornwall by a commission out of his court of exchecquer , it was found by a jury that dominus ratione regiae dignitatis & coronae suae habet privilegium quod nullus in regno suo aliquo qui sit de regno angliae alieni homagium sine fidelitatem facere debeat vel aliquis hujusmodi homagium vel fidelitatem ab aliquo recepire debeat nisi facta mentione de fidelitate domino regi debita eidem dominus regi observanda episcopus exon adfuit contrarium &c. et in contemptu , &c. et le evesque mis a respond . and like a second justitian did cause john le breton one of the justices of the king's-bench , or , as others have written , bishop of hereford , to compile in his name a book of the laws and customs of england , wherein the king directring the book to all the people , which were under his protection par la soufrance de dieu , saith , for that peace could not be without laws , he had caused those which had been heretofore used in his realm to be put in writing , which he willed and commanded should be observed in all england and ireland , en toutz pointz sauve a nous de repealer & de eunoiter , & d' amander a toutz les faitz que nous verron que bon a nous serra par l'assent de nos countes & de nos barons & autres de nostre conceil sauve les usages a ceux que prescription de temps oul autrement use en taint que leur usages soyent mys discordants a droiture ; in which book and the droits de roy there is no mention made of the election and summoning of knights of the shires , citizens and burgesses , to parliament . by his edict or proclamation prohibited the burning of seacole in london and the suburbs thereof for avoiding its noysom smoak ; and without any act of parliament divided wales into shires , and ordained sheriffs there as was used in england ; caused some london bakers not making their bread as they ought , to be drawn upon hurdles and men for rescuing a prisoner arrested by an officer to have their right hands cut off by the wrists . fined without advice or assent of parliament ( which might well be so understood to have been so upon the act of parliament in anno of his reign , ordained that such offenders should be ransomed and punished at the kings will and pleasure ) sr ralph hengham chief justice of his bench marks , sr john lovetot chief justice of the common pleas marks , sr william brompton marks , sr solomon rochester ( or roffey ) marks , sr richard boyland as much , sr thomas sodenton marks , sr william saham marks , roobert littlebury clark master of the rolls marks , roger leicester no less , henry bray escheator and justice of the jews marks , sr adam stratton chief baron of the exchequer marks , and thomas de weyland being the greatest delinquent and of the greatest substance , could not be so easily excused , but was banished and had all his goods and estate confiscate to the king , only john de metingham & elias de beckingham ( two of the itinerant judges , to their eternall honour , saith henry spelman appearing guiltless and righteous in that severe and kingly examination and justice ) purged his courts of justice and the officers and clarks thereof from bribery and extortion , banished the usury of the jews , hanged . of them for abusing the coyn and money of the kingdom , curbed the pretended independent power of the clergy , clipped their jurisdictions , and upon their refusall to pay tallage towards his wars , seized many of their temporallities , put them out of the protection of his laws and justice and caused them to be excluded out of one of his parliaments untill their submission , whom he had by wofull experience understood to have had too great an influence upon some of the unquiet nobility . made himself the arbitrator and umpire betwixt the many great pretenders to the crown of scotland , amongst which was erick king of norway , and received the homage of the king thereof , and in his claim to the superiority strongly asserted it , when the pope had by his letter unto him mediated on the behalf of the king of scotland , and claimed that kingdom . and was so watchfull over his own rights and what belonged to his crown and dignity , as upon an appeal from john baliol king of scotland and his parliament to the parliament and court of the k. of england , unto which when he was summoned personally to appear before him , & appearing , sate with him in parliament , was suffered no longer to sit by him , but untill the cause came to be heard , when he was cited by an officer to leave his seat , and commanded to stand at the barr appointed for pleading , which he having no mind to do craved leave to answer by his procurator , but was denied , and as a feudatory made to arise and descend to the barr , and defend his own cause before him as his superiour . which by the ancient feudall , fundamentall laws of england without the assistance of any other of our laws concerning treason , might have excused and justified our excellently virtuous queen elizabeth in her unwilling tryall , condemning beheading and putting to death mary queen of scotland her feudatory , not only for usurping the arms and title of the crown of england , but plotting after her flying for refuge unto her , and her kingdom of scotlands superior for resuge , to bereave her of her kingdom of england and the dominions thereof , by her intended marriage of the duke of norfolk , for which he was likewise condemned and executed for treason . in the same year by his writ commanded to be arrested susurrones & publicos predicatores contra personam regis . in the th year of his reign upon occasion of false rumours sent his commissioners into severall counties of the kingdom , ad inquirendum qui dicebant regem inhibuisse ne quis blada sua meteret , vel prata sua falcaret , & quod omnes tales sine dilatione in prisona custodiantur douec authores suos invenerint & tunc liberent & authores in prisona custodiant donec pro deliberatione corum mandatum habuerint speciale . in the th , year of his reign for a fine of marks paid by w. gave him a respite de se militem faciendo . et a pres il fut amerce per les justices itinerant parceo q'il ne leur monstre son charter . in the th year of his reign granted authority to signify his assent to a future abbot . and in the same year impowred edmond earl of cornwall to admitt in his name the mayor of oxon , when the commonalty of the town should present him , and the like for the mayor and sheriffs of london . in the th , year of his reign granted to the citizens of london power to make sheriffs of london and middlesex . in the th , year of his reign directed his writts to the sheriffs in the words ensuing , cum de consuetudine regni qui habent libratas terrae vel feodum militis valens libratas terrae vel feodum militis valens libratas per annum distringerentur ad arma militaria suscipiendum nos ob servitium &c. in wallia a communitate regni nostri volumus quod non habentes tantas libratas terrae non distringantur . ordained that in parliament certain bishops , lords and other their assistants should be named of that honourable assembly of parliament at the very beginning thereof , which for many ages after hath been duly observed , to be receivers and tryers of the petitions , complaints , and desires of his people to be exhibited therin whether properly to be there determined or in the courts of justice in westminster-hall or other inferior courts . in the th and , years of his reign made his cousin edmund earl of cornwall custos regni . spared not in his court of kings-bench robert the son of william de glanvile and reginald the clark of the said william for delivering at norwich a panell of the kings writs , which the king 's coroner ought to have brought . banished his son prince edward from his court & presence for months for giving reproachfull words to a great officer of his court or houshold . caused the prior of the holy trinity in london and bogo de clare a man of great power and reputation to be arrested at his suit by peter de chanet steward of his houshold , and walter de fancourt marshall of the king for citing edmond earle of cornewall to appear before the archbishop of canterbury as he was passing thorough westminster-hall to the parliament whereupon the prior and bogo after some pleadings in the said case submitting themselves uuto the king's grace , will and pleasure , were committed to the tower of london , there to remain during his will and pleasure , and being afterwards bailed the said bogo paid to the king a fine of marks , and gave security to the earl for . which by the interposition of the bishop of durham and others of the king's councell was afterwards remitted unto l. and the prior was left to the judgment and process of the court of exchecquer . in the th year of his reign praecepit singulis vice comitibus per angliam & justic. cestr. quod proclamari facerent quod omnes qui habent . libratas terrae in feodo & haereditate sumerent militaria arma . in that and the year following seized the lands of those that would not take that degree , and made speciall respites to some during their lives . caused his justices to certify into the exchecquer at the return out of their circuits by particular rolls under their own names the fines and amerciaments set imposed and forfeited upon actions of trespass , rescous , deceit , attaints non est factum or salse pleas , untrue avowries , appeals of murder , felony , manslaughter , meyheim , contempts and attachments upon process out of any of his courts , of justice , abuse of the law , fictitious actions , and vexatious suits , non-suits in actions reall and personall , or when but part was found for the plaintiff or defendant , which were in those days as much for the advance and well ordering of justice as they were for the kings profit . who took such a care not to have it neglected , as by his writ ( without an act of parliament he prefixt his justices certain times for the causing the said monies to be levied , when their own then little wages or salaries were to be paid out of it which made them to be so exact therein as there was no fault deserving a just punishment could escape the eyes and ears apprensions and watch of his regulated justices , insomuch as offenders were fined or amerced pro falso clamore or quia non invenerunt pleg . for deceipts , sheriffs for not returning of writs , jurors for not appearing or pro falsa appretiatione , or giving verdicts before they were sworn , fined such as threatned or abused them , and sometimes the common people that had occasion to attend his courts of justice pro garrulitate or irreverent behaviour , kept his courts of justice within their centers , and limits of jurisdiction , held them to their just and legal forms of pleadings in verbis curia , and was severe against any of the pleaders , counters or officers pro seductione curiae as the language of the records of those times did import for any deceits or collusion misleading or abusing the eyes and ears of his judges and the clients , as well as the faithless officers and ministers of his courts of justice , or in the circuits of the judges itinerant , and therein was something less severe then the law and usages were in the reign of his great grandfathe henry . when william fillius nigelli a judge itinerant being in misericordia of the king pro defalt qui postea venit & cognovit quod emendavit rotulos sine sociis suis , & ideo in miser . did not leave the grand jurors so much arbitrary power , as too many now please themselves to mind more where to have good meat and wine untill some seldom indictments more for malice then love of justice or a care of their oaths be brought unto them , but ordained their charges not to be given in fine orations or speeches , as soon gone out of their memory as come in , but to put in writing in distinct articles of enquiry , whereunto they were upon oath to answer negatively or affirmatively , whereby the offences against the laws conspiracies , treasons , dangers , and disturbances , of the nation were in the embrio's stisled , and as soon discovered as hatched . but the troubles and injuries forced upon the crown , his father , and himself by the wicked attempts of simon montfort , and his rebellious partners putting him in mind to make his business to give a stop to growing mischiefs and prevent as much as was possible any thing of the like nature for the future , did find it necessary for the good of himself and the kingdom , as the judicious sr henry spelman hath recorded it , to lessen those high powers , authorities and priviledges , which the chief justices of england had before that time exercised and claimed as appurtenances to that great office , as it were to be vicarias regis , pro rex , & locum tenens regis , custos regnii & regni guardianus in absentiae regis , tanto etiam prae aliis omnibus emicuit justiciariis ut eisdem suo brevi more regio , imperaret , & restraine ejus phtestatem cancellis circumscriptis arctioribus adeo ut se sejunctum a rerum fastigio & priscae amplitudinis forensi solummodo negotio & judiciis exercendis eum abdicavit , did by his writ constitute the said chief justice , and all that were to succeed him in that office and place under the form and declaration only concerning the affairs and business , wherein he was to officiate and be imployed in his court of king's-bench rs by his writ appeareth in these words ; quia volumus quod sitis capitalis justiciarius noster ad placita coram nobis tenenda , vobis mandamus quod officio illo intendatis , tmeipso apud westm , &c. and in all probability praeteritorum memor , by sad misfortunes warn'd learnt to beware how dang'rous innovations ever are . well considering that if that contrived writ of elections gained by a rebellious force and imprisonment from his father almost years before , could have created in or to the knights , citizens , or burgesses to be elected or brought into our king's greatest councels of the highest and most important concernments of the weal publick of the nation . any such rights or priviledge , as some of their successors or factious flatterers have since arrogated , yet so long a discontinuance of a priviledge not at all executed or vested in them after a forfeiture incurred by the cities of london , bristoll , gloucester , and the most of the counties , cities , or boroughs , which had taken arms against their king instead of their aid and assistance not very fully pardoned by any the compositions or agreement made by king henry the d , his father by the dictum de kenilworth after his victory gained of them at the battle of evesham . and that notwithstanding he might have taken in again his own just rights and debarred them f●om an after invading or disturbing of him therein , and that neither his fathe●s charters nor his own confirmation of all the peoples liberties and priviledges either in words expressed in his father 's magna charta or charta de forestae , or any way to be implyed within the verge or meaning thereof , could bind him to continue such a kind of election of a separate part , of the vulgar or common people , as simon montfort , and his rebellious complices had traiterously devised , and that such an attack of the regall government by the hoped for advantages of some , or intermedling ambition of others in matters wherein they had little or no understanding , or whereby they sought only to accomplish their own evil designs , making them ever afterwards more industrious then they should be to associate the creeping ivy with the royall oke , which by its clipping kindness and drawing to it self its sap and nourishment , might at length canker , enervate and destroy it . yet willing to show them that he would as little as he could , recede from what had been granted as privileges and liberties to his subjects , and probably to pacify their then too much accustomed fears and jealousies , and allure them into a course of obedience to those laws & provisions which should be made by the privity and approbation of a select number of the more wise and discreet part of his common people , and give them experience of an adage or worthy saying of his own in many or some of his rescripts , quod omnes tangit ab omnibus approbari debet in some speciall cases , but not either by the laws of god , nature , or nations , or our laws always adjudged to be requisite or necessary . and at the same time to lessen , as mr prynne , sr william dugdale , and other weighty authors have well observed , the strength and power of a part of his ungovernable baronage by counter-ballancing in some sort their over-great power in his great councells or parliaments , by requiring and making use therein of the service of the knight citizens and burgesses fairly to be elected according to the intention of his writs , and royall mandates , and acting according to the commissions or procurations which their counties , cities , or boroughs should lawfully give or trust them withall . but so little approved of popular elections and that which had been imposed upon his father , as he was unwilling to adventure upon any thing like it untill he had rectified many things , which he b●●ieved had been much of the causes of the distempers in the body politick , and was to be warily done by a care and retrogradation , as much as might be , before he would condescend to please the people ; which some of them , or those that would make use of them began to be too fond of , and therefore could hardly bring himself to please them in that kind especially when he could perceive the nobility disliking and averse unto it . howsoever with some confidence believing it to be beyond any fear or imagination that any danger to the english monarchy and government so anciently , rationally and well founded according to the laws of god , nature and nations , laws of the land , and reasonable customes thereof could happen thereunto by the election of a part of the people subordinate to the nobility and baronage as well spirituall as temporall adstricti legibus , and obliged by their tenures in capite homage and fealty in the strongest manner that the wisdom and care of mankind could devise , as bonds never to be shaken off and a tye upon their estates , bodies and souls by their oaths of allegiance , tenures , and forfeiture of their lands to be true and faithfull to their king and those which they held of , or that they or any of their posterities could be so ingratefull for benefits received from the crown and his progenitors from generation to generation as to be so unmindfull of their often repeated homages and oaths of allegeance as when they were summoned only to perform and obey what the king and his lords spirituall and temporall in his greatest councell should adjudge meet to be done for the publique good , and to stand as petitioners in the outward courts , should by insinuations from some priviledges and the power granted unto them and others for that purpose and only end of contributing necessary aids for their kings for the defence of themselves and their defenders , by gradations and the over indulgence of their kings and princes and the advantages of catcht opportunities creep into the arcana imperii and snatching the thunderbolts and authority of the sovereign out of his hands make themselves too busy with the supream power themselves that should be governed , to be the unruly and unreasonable governors of their king and gods vice-gerent . who might have thought himself and his successors to have been in some condition of safety when the summons to parliament were to be only by his writs and authority and the sheriffs who were not the parliaments officers but the kings , and by the law sworn unto him not unto both or either of the houses in parliament and strictly bound to observe and execute his writs and mandates , made himself content to allow some things of that way or course which had been before unduly and illegally contrived , and therefore did as it appeareth alter and change it into a more legall and just way with different methods enough as he thought to make them and after ages understand , that it was his only right to do it ; and that they were to be no more then consenters obedient , and ready to do and perform what the lords spiritual and temporal should in parliament advise , wherein he was to be the sole director , ratifier , and ordainer , and to be at his disposing in the summoning and calling them together , as to time , place , continuance , proroguing , adjourning , or dissolving any such or the like assemblies , and that he in all things to be done therein was as their sovereign to have his granting , directive , and negative voice , and in the sending out of his writs of summons for any great councells or parliaments to vary in the circumstances orders or limitations or additions , as his occasions for the weal publick should require , with such other variations as might signify his care to prevent future evils or impending dangers , and reserve to him and his successors the long ago just rights of the best tempered monarchy in the universe . and for the better method and order to be used in his house of lords and peers , whom he had summoned and made use of in his great councels and parliaments , untill that time , without the commons or any procurators on their behalf in the making of divers laws and statutes of very great concernment to them and the weale publick . and to make the councells and assistance of the wiser and better part of his people more effectuall , and in a better order then that which the rebellious part of his and his fathers ill-affected baronage had neither well provided for themselves or them , did whilst he was content to admit into the fitting and necessary secrets and intimacy of his great councells a select part of them to be duly chosen by his writts and commands as to time , occasion , and place , resolve to give after ages to understand that he did notwithstanding reserve to himself as his royal progenitors had anciently done , when they only summoned the prelates and peers to their great councells his and their most undoubted rights and power of summoning , proroguing , adjourning , or dissolving those assemblies , and the sole and only affirmative or negative voice in the making of laws , as being the only breath , life , and being thereof . did at his being in goscoigne in the twenty second year of his reign send his writs of summons to summon divers great lords as well french as english being in number sixty one , amongst whom were roger de moubray , william trussel , symon basset , theobald de verdon , &c. habere colloquium & tractatum with him ( in england ) ubicunque fuerit , in a much differing form then those of henry the his as aforesaid imprisoned father . and directed his writ to the sheriff of northumberland in these words , viz. rex &c. vice comiti northumbriae salutem tibi praecipimus quod de comitatu praedicto duos milites & de qualibet civitatem ejusdem comitatus duos cives & de quolibet burgo duo burgenses de discretioribus & ad laborandum potentioribus sine dilatione eligi & eos ad nos ubicunque in regno nostro fuerimus venire facias , it a quod dicti milites plenam & sufficientem potestatem pro se & communitate comitat praedicti & duos cives & burgenses pro se & communitate civitatum & burgorum praedict . divisum ab ipsis tunc ibidem habeant ad consulendum & consentiendum pro se & communitate illa his quae comites , barones , & proceres de regno nostro ordinabunt , &c. t. rege octavo die octobris , alltogether different from the writs made out and enforced from his father king henry the . during his imprisonment in anno of his reign . consimilia brevia diriguntur singulis aliis vicecomitibus angliae , and in the same year and the next day after , sent another writ to the same sheriff in these words . cum nuper tibi praeceperimus quod duos milites de discretioribus ad & laborandum tunc potentioribus ejusdem comitatus de consensu ejusdem eligi & eos ad nos usque westmonasterium in crastino sancti martini proximo futuro cum plena potestate pro se & tota communitate ejusdem comitatus venire faicas ad consulendum & consentiendum pro communitate illa his quae comites , barones , & proceres de regno nostro in dicto crastino ordinabunt ( the king being then in gascoigny and not intending to be there present ) tibi praecipimus firmiter injungentes quod praeter illos duos milites eligi facias alios duos milites legales , & ad labor andum potentes , & eos una cum dictis duobus militibus usque westmonasterium venire facias it a quod dicto crastino sint ibidem ad audiendum & faciendum quod eis tunc ibidem plenius injungemus & hoc nullo modo omittatis , & haheas ibi hoc breve teste meipso apud westm. nono die octobris , and caused more knights of the shires at that time to be elected , then he had done before or after , eodem modo mandatum est singulis vicecomitibus angliae . and to that end did afterwards without any deviation from what might justly appertain unto himself in the well ordering and government of his councells and subjects in the most legall manner , send his writ of summons to gilbert de thornton ( chief justice of his court of kings bench ) in these words . viz. quia super quibusdam arduis negotiis nos et regnum nostrum & vos caeterosque de concilio nostro tangentibus quae sine vestra praesentia nolumus expedire vobis mandamus in fide & dilectione quibus nobis tenemini fir miter injungentes quatenus sitis ad nos apud westm. primo die mensis augusti proximo futuro vel saltem infra tertium diem subsequentem ad ultimum tractatur ; & vestrum concilium impensur . & hoc nullo modo omittatis teste meipso apud album monasterium . die junii anno regni nostri . eodem modo mandatum est justiciariis de utroque banco & de itinere & justic. assignatis decanis juratis de concilio , baronum de scaccario & aliis clericis de concilio quorum nomina annotantur . and the inferior secular clergy not being at all called with other of the commons by that unauthorized writ of simon de montfort in the th year of the reign of his then imprisoned father king henry the d , did hold it to be as agreeable to reason and his good intentions for the one as the other , to make out his writ of summons in these words , viz. venerabili in christo patri eadem gratia cantuarensi archiepiscopo totius angliae primati salutem , licet nuper mandaverimus quod die dominico proxime post festum st. martini quod jam instat apud westm. personaliter interessetis & quod praemoneretis priorem & capitulum ecclesiae vestrae archidiaconum & totum clerum vestrae diocesis faceretisque quod iidem prior & archidiaconus in propriis suis personis & dictum capitulum per unum , idemque clerus per duos procuratores idoneos plenam & sufficientem potestatem ab ipsis capitulo & clero habentes una cum vobiscum interessent modis omnibus tunc ibidem ad tractandum , ordinandum , & faciendum nobiscum & cum caeteris praelatis & proceribus & aliis incolis regni nostri qualiter periculis , quae eidem regno nostro , hiis diebus imminere videntur , poterit obviari quia tamen pro navigio nostro congregando & parando quod ad dicti regni defensionem , & hostium nostrorum impugnationem , annuente domino , speramus maxime profecturum : quodque per omnibus utile , credimus festinari in partibus de wynchelse , moram tam diu facere nos oportebit , quod dictis die & loco commode non poterimus interesse ; vohis mandamus in fide & dilectione , quibus nobis tenemini , firmiter injungentes , quod die dominica , proxima ante festum beati andreae apostoli proxime futurum ; ad quem diem dictum negotium ex causa predicta duximus prorogandum , apund westm. personaliter intersitis , praemunientes praedictos priorem , & capitulum , archidiaconum , & clerum facientesque quod tunc ibidem intersint , ad tractandum , ordinandum , & faciendum super praemissis , prout in priori mandato nostro , vobis inde directo , plenius continetur . prorogationem autem hujusmodi de dioces . vestra , quorum interest celeriter nuncietis . teste rege apud odymere die novembris . consimiles literae de verbo ad verbum diriguntur episcopo eli. episcopo norwic. episcopo winton . &c. but in that ballancing way of his great nobility by the vulgus or common people fastened so ill an example in process of time upon his crown and successors as some of them have sadly since experimented it , as in the event it hath too much resemblance with what that excellent queen elizabeth did by supporting that ingratefull republick of the united provinces , when she was forced to do it to preserve her self and the protestant religion as well at home as abroad against the spanish tyranny and encroachments . when he was not able at that time to foresee that the number of freeholders would be as they were afterwards almost in encreased , and that such great quantities of abby , priory , nunnery , and chantry lands and other profits and possessions given and dedicated to religious uses , which in the reign of king henry the th may be justly estimated to be a d part of the lands and revenues of the kingdom should ( much of it ) fall to the share of the common people , and make them more surly and haughty then they were , and ought to be , or that in the granting of those lands from the crown ( from which much of it originally came ) a great part of the tenures in capite , and by knights service should in those times be turned into free and common soccage ; or by the manumising or making free multitudes of copyholders ) which in former ages may be accompted to have been another third part ( if not more ) of the lands of the kingdom . or that the offices of sheriffs , which in his and the former reigns of our kings were commonly lodged and intrusted in the hands of the nobility and great men of the kingdom , would so much be altered as to be most commonly placed in the lower rancks of the people , whereby the ignorant vulgar , seditious , or factious , and most numerous part of them should be suffered to take upon them to make their own indiscreet or purchased elections , when the writs only comm●nded and intended that the sheriffs who were solely 〈◊〉 thereunto , should without any bribery , partiality , 〈◊〉 corruption , make and govern the election , and to be the judges of the fitness or unfitness of the persons to be elected to give their assent in parliament unto what should be there ordained by their king , by the councel and advice of the lords spiritual and temporal . or that any of his successors would for an excise upon ale , beer , coffee , and syder for want of a regall revenue , which in many ages past had been by princely indulgencies and necessities of encouraging and rewarding merit and service for the good of the publick greatly and too much wasted and exhausted , ever have been perswaded to have released so much as was done of the tenures in capite by a factious part of the people , ( who designed to undermine the monarchical estate of the government . or by some of the more loyall advisers who either by ignorance or otherwise did not well understand monarchy and the government ; or the sad and ever to be lamented consequences and effects that have already followed , and will hereafter fatally ensue the change of the tenure in capite and by knight service , to release and turn those nerves and sinews of the government , ligaments and ties of the crown , the chariots and horsmen of our israels glory , strength , and support of it , and the loadstone of the subjects obedience , into free and common soccage . wherein much more heed was to have been taken then formerly , for that the militia and the sovereignty and power of our kings , much whereof were lodged and incorporated therein , were founded and built upon the tenures in capite , and by knights service , the basis , foundation , life , blood , animall spirits , soul , essence , and support thereof , and had not long before been by an horrid and hypocritical rebellion wrested out of the hands of the late blessed martyr king charles the st . by abuse and misconstruction of the laws , false arguments , and the fear and flagging of some of his most eminent justices and lawyers who were too little acquainted with the feudall laws , and laws of nations , the records , annalls , and histories of the kingdom and the monarchicall government thereof . which too much encouraged and assisted the rebellion against him , together with the murder and destruction of him and many thousands of his loyall and more dutifull subjects that fought for him . notwithstanding all which the aforesaid cares & condescensions of that prudent prince king edward the . hoping for the best and not suspecting the worst , in the th year of his reign requiring bohun earl of hereford and constable of england and other the barons to go with him to the wars in gascoigny , and bygod earl marshall of england , likewise refusing , unless the king himself would go in person , the king swears ye shall go or hang , and the earl answered he would neither go nor hang , and so without leave departed , the king notwithstanding proceeded in his voyage to flanders , the two earls of hereford and norfolk , assemble many noblemen and other their friends to the number of bannerets , so as they were men at arms and stood upon their guard , and the king being ready to take ship , the archbishops , bishops , earls , barons , and commons sent him a roll of the grievances of his subjects , in taxes , subsidies , and other imposicions , with his seeking to force their services by unlawfull courses ; to which the king answered , that he could not alter any thing without the advice of his councell , who were not now about him , and therefore required them , that seeing they would not attend him in his journy , ( which they absolutely refused to do though he went in person , unless it were into france and scotland ) that they would yet do nothing in his absence prejudiciall to the crown , promising at his return to set all things in good order ; but being afterwards enforced to send for more supplies of mony , ordained a parliament to be held at york , and to the end he might not be disappointed of aid , condesended to all such articles , as were demanded concerning the great charter , promising from thenceforth never to charge his subjects otherwise then by their consent in parliament . seized the moneys in the popes bankers hands to relieve his and the publick necessities , gave protections from arrest and troubles in their estates to them that should have paid it otherwise , and notwithstanding the popes anger and threats not in those days easily to be adventured upon , did not pay and refund it within or years after ; seized also and took at his own price the wools which the merchants then had in the ports ready to be transported , and all the lands and great estates of bohun earl of hereford and clare earl of gloucester , and upon the marriage of his daughter the lady elizabeth to the first with a gift in tayl to them . the reversion in the crown , and the like to gilbert de clare earl of gloucester , and hertford by marriage of his daughter the lady joan restored them in tail as aforesaid unto them , and made not only the said humfrey de bohun , roger bygod earl marshall ( whom upon second failings he afterward confiscated ) and all others who had joined with him in refusing to serve him in his warrs according to the tenure of their lands to be glad and well content with his generall pardon . in the same year granted to hugh kent de galvy in ireland and the heirs males of his body the liberty of enjoying the benefit of the english laws in terra sua hyberniae as the writ ensuing wlll evidence . viz. rex omnibus ballivis & fidelibus suis in hybernia ad quos &c. salutem volentes hugoni kent de galvy hyberniae gratia facere specialem concedimus ei pro nobis & haeredibus nostris quod ipse & liberi sui de corpore ipsius hugonis legitime procreati & procreandi hanc habeant libertatem quod ipsi & posteri eorum de extero in terra nostra hyberniae tam in morte quam in vita legibus consuetudinibus utantur auglicanis firmiter inhibentes ne quis eos contra hanc concessionem nostram injuste vexet in aliquo vel perturbet in cujus &c. teste rege apud gillingham die martii per ipsum regem . and by his letters patents constituted johannem de breton custos or warden of the city of london as followeth , viz. rex omnibus ballivis & fidelibus suis ad quod &c. sciatis quod dilectum & fidelem nostrum johannem le breton constituimus custodem civitatis london ad amerciandos aldermannos & alios quoscunque de civitate praedicta qui ad rationabilem praemonitionem , seu summonitionem custodis ejusdem pro negotiis nos & civitatem illam tangentibus venire contempserent , & etiam ad vicecomites civitatis praedict . & ipsorum clericos ac ministros mercedem sui officii capientes cum super hoc modo debito convicti fuerint juxta quantitatem delictorum suorum castigandos & puniendos quantum necesse fuerit & quatenus sua discretio de jure viderit faciendum specialem tenore praesentium committimus potestatem quam diu nos placuerit durando in cujus , &c. having before in the or th year of his reign fined gregory de rokesly mayor of london , for that he renounced the mayoralty and delivered the common seal of the mayoralty ( or city ) to stephen de ashren & aliis de communitate london sine licencia ipsius regis , for which he was glad to receive his pardon . in the th year of his reign directed his writ custodi northwallia mentientes & falsos rumores contra regem castigand . the like to punish conventus & conventicula . another to respite the king's debts & aliorum dum in obsequio regis . with a proclamation for the confirmation of magna charta , & charta de foresta , and to command that two discreet knights be chosen in every county to attend prince edward the king's son his lieutenant in england during the kings absence in partibus transmarinis to procure the king's letters-parents for confirmation of the peoples liberties . in the th year of his reign a parliament being called at westminster , wherein the two charters were confirmed , with the allowance of what deafforestation had been formerly made but with ommission of the clause salvo jure coronae nostrae , which the king laboured to have inserted , being a small return and civility to a sovereign , whose royall progenitors had freely granted those liberties and priviledges , and himself willing to confirm them , but by no means it would be agreed unto . was so incensed at the revolt of the scots , and so fixt in his resolution of subduing them , as going to fight a battle with them , whose army much exceeded his own , when he was with one foot in the stirrop getting on horseback , the horse upon some great noise or shout in the scottish army , who were marching on to engage him , started and throwing him to the ground with his hinder foot strake him so on one side as he brake two of his ribbs , which could not so hinder either his courage or resolution but he again remounted the same horse , and charged with good success as he wan the field , and slew as some of their historians mention about thousand of them . in the th , year of his reign the constable of dover having upon an order or sentence of the court of sheppey , which was the magna curia of the cincque-ports arrested the abbot of feversham , pro quibusdam transgressionibus per ipsum perpetratis in laesionem coronae & regiae dignitatis , was cited and excommunicated by the archbishop of canterbury , the king thereupon ( as the record mentioneth ) nolentes nobis super statu regio nostro aliqualiter derogari aut ministros nostros pro hiis quae judicialiter fuerint indebite fatigari commanded the archbishop in fide qua sibi tenetur firmiter injungentes quod hujusmodi citationibus of the constable or his ministers ea de causa faciendis supersedeat sententias praedictas in ipsos per ipsum ut praemittitur fulminatas faciat sine dilatione aliqua revocari ita quod non operteat nos ad hoc aliter apponere manum nostram . in the claim which he made and deduced to the pope of his right to the superiority of the kingdom of scotland attested by an hundred hands and seals of the earls and baronage of england in a parliament holden at lincoln , when he gave an answer to a letter of the pope mediating in the behalf of the king of scotland , and claiming that kingdom to belong to the church of rome , wherein he had desired him to send his procurators and evidence to be heard and determined at rome , the historian and our records have informed us in these words that quoniam vero ad hoc quod papa petivit quod si rex angliae jus haberet in regno scotiae , vel aliqua ejus parte procurators & instructos mitteret , & fieret eis justitiae complementum , rex per se noluit respondere , sed hoc commisit comitibus aliisque terrae baronibus , who gave him a choaking and flatly denying answer on the behalf of their king. and pursuing his victories against that nation took out of edenburgh the crown , scepter , and cloth of estate , with the marble chair , wherein the king 's of scotland used to sit , whilst they were crowned , wherein according to an old scotch prophecy the fate of that kingdom so resided , as wheresoever it should be , the rule and government of that nation should follow , and offered up the same at st edwards shrine at westminster intending to unite the kingdom of scotland to england , imprisoned the king of scotland in the tower of london , where he long detained him , subdued malcolmus king of man and the kings of the other isles , and was so unalterable in those his purposes as he ordered that his bones should after his death be carried along with such english armies as should afterwards be employed against that nation . did in the st year of his reign treat with the foreign merchants , and by his charta mercatoria without the trouble , advice , or assent of his great councel or parliament , relinquish unto them his former kind of customs called prises upon their granting unto him d of the pound now called the petit customs out of all foreign merchandises imported ( except wines ) for every sack of wool to be exported d , for every woolfells the like , and for every last of leather a demy mark over and above the duties payable by denizens for the same commodities ; which grant being by the merchants of several nations not incorporate into a body-politick of no force by the rules of the common law , the kings charter only made it good and maintained it untill it was confirmed by act of parliament in anno. . e. . which was years after , which charter being made in england by that great and valiant prince was afterwards by him exemplyfied and transmitted into ireland with a speciall writ to the officers of the customes there to leavy the d penny in the pound and other duties mentioned in that charter , as appeareth in the records of the exchequer of ireland , by virtue of which writ without any act of parliament there the d penny in the pound with the other duties were ever after leavied in that kingdom , and paid to the crown . in the d year of his reign he was so little afraid of his potent nobility , under whose greatness and power many of common people sheltered their oppressions of one another by wrongfull disseisins , and making themselves tenants to their greater landlords for those lands , which they had no right unto , as he made severe laws for the regulation thereof . and in declaratione juris regis in regno scotiae protestavit se jus coronae suae usque ad effusionem sanguinis defensarum ab quem rex illo anno omnia monasteria angliae , scotiae , & walliae perscrutari faceret , ad dignoscendum quale jus posset sibi competere in hac parte & repertum est in chronias mariani , scoti , willielmi de malmesburia , rogero hoveden , henrici de huntingdon , radulphi de luzeto , ( or diceto ) quod anno domini non gentesimo decimo rex edwardus subegit sibi regis scotorum & cambrorum , item ibidem que anno domini non gentesimo vicesimo primo praedictae gantes eligerunt sibi edwardum praedictum in domium & patroum , item ibidem anno domini nongentesimo vicisimo sexto rex angliae adolstanus denirit regem scotiae , cententium , & iterim sub se permisit regno , item edradus frater adolstani rex angliae dericit sates & norhambro , qui se submiserunt , ei & fidelitatem juraverunt , item ibidem edgarus rex angliae superavit renadum , filium alpini , regem scotorum , et ex tunc factus est rex quatuor regnium , scilicet angliae , scotiae , daciae , & norwegiae , item sovetus edwardas regum scotiae dedit malcolmo filio regis cumbrorum de se tenendum , item willielmus bastard anno regni sui sexto vicit malcolmum . regem scotiae , & accepit ab eo sacramentum fidelitatis . caused special commissioners from scotland to attend him , and the lords of england in parliament about setling the peace and military affairs in scotland , where it was assented to , by the king that a parliament should be called in scotland by the kings writ out of his chancery there , in which parliament the commonalty of that kingdom should elect ten persons for themselves to come to the king and his parliament at london pro tota communitate terrae scotiae , the scots commissioners petitioning the king that those ten persons might have their costs and expences to be leavied by two or three lawful men specially to be elected by the commons , by the view and advice of the guardian and chamberlain of scotland which the king granted with an order that duo legales homines citra mare scotiae & duo legales homines ultra mare scotiae eligentur ad hujusmodi expensas assidendas & levandas per visum & concilium custodis regni scotiae & camerarii ; wherein as mr pryn well observeth they were not to be as sitting voting members , but as proxies and commissioners to treat with the king and english parliament concerning scottish affairs only . and so great regard was had to the words and testimony of this great prince , as it was in his time not denyed to be law , that ordinatio ( meaning an award or something acknowledged in the king's presence , & per ipsum regem affirmat ) majorem vim hahere debet quam finis in curia sua coram justiciariis suis levatus . agreeable to which was the opinion of the judges also in his time in these words , videtur concilio regis quod dominus rex a quo omnes ministri sibi subiecti habeant recordum est superlativum & magis arduum recordum & super omnes ministros suos & processus & recordum praecellens , & not at all disagreeing with the great reverence and regard which the good subjects of this kingdom have never failed to give unto the hands and great seals of their king's and princes which by many inspeximus's have made a record that was so obliterate and unintelligible as it was no record before , and given a new life and resurrection to many a custome , right , and liberty , which otherwise would have been lost and buried in the rubbidge of time . commanded the sheriffs of lincoln to leavy the expences of the knights of that shire in eundo , morando , & redeundo de mandato suo venientibus prout aliis in casu consimili consuevit . punished by his justices of his bench william de brewse a great and powerfull baron for giving reproachfull words to roger de hengham a baron of the exchecquer , after he had there given a judgement against him , and followed him as he was going from the court , and reviled him with gross and bitter words ; who in those times were frequently in their records said and understood to be de concilio regis , and ordered that the said william de brewse should go without his sword ( a very great dishonour to a baron ) bareheaded a banco ipsius domini regis ubi placitr tenentur in aula westmonaster . per medium aulae praedictae cum curia plena fuerit usque ad scaccarium & ibidem veniam petat a praefato rogero ut gratiam sibi faciat de dedecore & transgressione sibi fact . & postea pro contemptu facto domino regi & curiae suae commirtatur turri ( london ) ibidem moraturus ad voluntatem domini regis . was so carefull of his superiority and jurisdictions as he would not suffer either it or his justice to be sullied in the administration or execution thereof , as in the case betwixt the pryor and bishop of durham in the th year of his reign he caused an information to be brought in his court of king's bench against the bishop for that he had imprisoned his officers or messengers for bringing writs into his liberty and that the bishop had said that nullam deliberationem de eisdem faceret sed dixit quod caeteros per ipsos castigaret ne de caetero litteras domini regis infra episcopatum suum portarent in laesionem episcopatus ejusdem ; in the entring up of which information , plea and judgement thereupon , the record saith quia idem episcopus cum libertatem praedictam a corona exeuntem & dependentem per factum regis in hoc minister domini regis est adea quae ad regale pertinet infra eandem libertatem loco ipsius regis modo debito conservanda & exequenda ita quod omnibus & singulis ibidem justitiam exhibere & ipsi regi ut domino suo & mandatis parere debeat prout tenetur licet proficua & expletia inde provenientia ad usum proprium per factum praedictum percipiatur . wherein the judges and sages of the law ( as in those ancient times they did frequently in matters of great concernments ) have given us the reason of their judgement in these words , cumpotestas regia per totum regnum tam infra libertates praedictas quam extra se extendant videtur curiae & toti concilio domini regis quod hujusmodi imprisonamenta facta de his qui capti fuerunt occasione quod brevia domini regis infra libertatem praedictam tulerint simul cum advocatione & acceptatione facti & etiam dictis quae idem episcopus dixit de castigatione illorum qui brevia regis ex tunc infra libertatem suam portarent manifeste perpetrata fuerunt . et propterea ad inobedientiam & exhaereditationem coronae , & ad dimunitionem dominii & potestatis regalis ideo consideratum est quod idem episcopus libertatem praedictam cujus occasione temerariam sibi assumpsit audaciam praedictae gravamina , injurias , & excessus praedictos perpetrandi & dicendi toto tempore suo amittat , cum in eo quo quis deliquit sit de jure puniendus & eadem libertas capiatur in manus domini regis , & nihilominus corpus praedicti episcopi capiatur . and that often distressed prudent prince was so unwilling to forsake the old paths of truth and the good ways and rules of the english , in their great councels for extraordinary affairs , wherin a long and very ancient gray headed series of his royall ancestors had untill the aforesaid imprisonment of his father , constantly and successively walked , did resolve as long as he could to continue therein ; insomuch as . e. . indictum est parliamentum londoniis ubi leolinus princeps walliae being summoned to come to do his homage , pretended that he durst not come without hostages , which the king taking ill , refused to give , sed tamen dissimulato negotio inceptum parliamentum consummavit , post parliamentum vero rex raised an army to subdue him , & hoc anno solvit populus regi quinto decimam bonorum quae patri suo dicebatur praeconcessa . anno. . e. . in subsidium guerrae wallensis concessa est regia populo vicesima pars bonorum . anno tenuit parliamentum gloverniae in quo edita sunt statuta quae gloverinae appellantur , and it appeareth by the act of . e. . that the prelates , earls , and barons were present at the making thereof . . e. . habitum est parliamentum salopiae in quo per deputatos ad hoc justiciariis , david the brother of the prince of wales , sine condemnatus tractus & suspensus , eodem anno tenuit rex parliamentum apud acton burnell ubi editum est statutum quod a loco cognominatum est . . e. . upon the death of margaret daughter of the king of norway by the daughter of alexander king of scotland ad quam jure haereditario defuncto avo patruo & matre regnum scotiae devolvi debebat & quis fuit justus haeres scotiae apud omnes in dubium vertebatur , and there being many competitors , amongst which there were of the english baronage johannes de hastings , dominus abergavenny , johannes de vescy , vice patris sui , nicholaus de sules , & willielmus de ros , and the pope claiming the superiority and the determination of the title . eodem anno post pascha rex angliae scotiam apprcpinquans parliamentum tenuit apud northumbr . ubi consultis praelatis ac utriusque juris peritis ( wiser and fitter men then common people use to be ) revolutisque priorum temporum annalibus and the memorialls of the abbies and monasteries vocari fecit praelatos & majores regni scotiae & corameis in ecclesia parochiali de northumbr . jus suum in superius dominium regni scotiae fideliter declaravit petivitque ut haec recognoscerent protestando se jus coronae suae usque ad effusionem sanguinis suae defensurum . and the kings right and superiority being fully evidenced , all the pretenders to that crown did under their hands and seals not only acknowledge his superiority , but that they would hold that firm and stable , which he should declare therein , and yeild the kingdom to such as he should adjudge , which no where appears to have been done by the consent of the common people of england , and scotland , and was of the greatest concernment to those of scotland . and in another charter of the same date declaring cum autem non possit praefatus rex angliae isto modo cognitionem facere , nec complere sine judicio nec indicium debeat esse sine executione nec executionem possit debito modo facere sine possessione & seisina ejusdem terrae & castrorum , did deliver seisin to the king , as the supream lord , untill the right should be determined . ita tamen that before the seisin taken he should give good security to deliver it back to such as should be adjudged to have right to the kingdom of scotland , cum tota regalitate , dignitate , dominio , libertatibus , consuetudinibus , justiciis , legibus , usibus quibuscunque cum pertinentiis in eodem statu &c. so as an account and restitution be made within months after , to those that should be adjudged to have right unto that kingdom , of the issues and profits thereof salvo regi angliae homagio illius qui rex erit . quo facto , although ericus king of norway did at the same time by his attorneys or procurators appear coram concilio regis angliae with his commission omnibus inspecturis to claim l , sterling a penalty for not admitting the said margaret his daughter to be heire to the kingdom of scotland , and marks per annum dowry which he gave with her &c. who being heard and severall days given , and refusing ulterius prosequi , post diligentem hujus negotii disquisitionem inter caeteros ( competitores ) de assensu communi rex angliae ( without any license or confirmation of his parliament ) post varias disceptationes vendicantium regnum illud adjudged it to john de baylioll , as descended from the eldest daughter of david king of scotland , excluso roberto de brus , who claimed from a younger , received his homage and fealty and caused him to be crowned , sitting super lapidem regalem , said by these people to have been the stone , upon which jacob slept , when he journeyed from barsheba to aran. about the same time ships or barks of normandy , sailing homewards with wines from gascony , & domineering as if sibi solis maris cessisset libertas , they were by english ships taken , and of their men slain , and the king of france by his embassadours demanding satisfaction , or to have the matter determined in his court in gascony , being of a very great concernment to the english nation ; the king deliberato habito concilio sending the bishop of london , adjunctis sibi aliis viris prudentibus to the king of france , & suo concilio , offered that if any found themselves aggrieved , they should upon a safe conduct come for justice ad curiam suam quae nulli subjecta fuit ; whereupon a great contention arising betwixt the two kings , and the king of france seising divers castles of the king of england in gascony , and citing him personally to appear at his court at paris to answer for that transgression , which being upon a safe conduct performed , and a peace thereupon concluded , and that shortly after cavilled at by the king of france . the king in the year of his reign convocato londoniis parliamento cui johannes rex scotorum interfuit being in the same year and parliament to which he had by his writs caused some of the commons of england to come to assent unto what should be there ordained de concilio praelatorum & procerum consentium ( without any mention of the community ) agree that terram sub-dole ablatam recuperandam fore gladio . and thereupon the king ( not the parliament ) sent his embassadours again unto the king of france , and declared that since he had violated the leagues and agreements made betwixt them and their royall progenitors , non videbatur sibi ( his great councel and parliament not being at all named ) quod ipsum regem angliae ducemque aquitaniae hominem suum reputabat , n●c ipse homagio suo astringi ulterius intendebat . and mandavit justic. suis hic breve suum patens in haec verba , edwardus dei gratia rex angliae , dominus hiberniae , & dux aquit : dilect . & fidelibus suis , rogero de hengham , petro malorre , & roberto de recford salutem , sciatis quod assignavimus vos vel duos vestrum quos presentes esse contigerit justic. nostros ad inquirend . per sacramentum tam militum quam aliorum proborum & legal . hominum de civit , nostra london & comitatibus kanc. surr. sussex & midd. per quos rei veritas melius sciri poterit de malefactoribus & pacis nostrae perturbatoribus , homicidia , depredationes , incendia & alia dampna quam plurima nocte dieque perpetrantibus & eorum scienter receptatoribus & eis consentientibus vim & auxiliam praebentibus seu dictas transgressiones fieri procurantibus & praecipientibus & etiam ad inquirendum de illis qui pro muneribus suis pactum fecerunt & faciunt cum malefactoribus & pacis nostrae perturbatoribus & eos conduxerunt & conducunt ad verberand . vulnerand . maletractand . & interfi●iend . plures de regno nostro in feriis mercatis & aliis locis in dict . civitate & comitaribus pro immicitia , invidia , malitia , ac etiam pro eo quod in assisis juratis recogn ; & inquisitionibus factis de feloniis positi fuerunt & veritatem dixerunt unde per conductionem hujusmodi malefactorum juratores assisar . jurator . recogn . & inquis ; illarum prae timore dictorum malefactor . & eorum minarum sepius veritatem dicere seu dictos malefactores indictare minime ausi fuerunt & sunt , & etiam ad . inquirend . de illis qui hujusn odi munera dederunt dant & quantum & quibus & qui hujusmodi m●nera receperunt & recipiunt , & a quibus , & qualiter , & quo modo , & qui hujusmodi malefactores in malicia sua fovent , mitriunt , & manutenent , in civitate & comitatibus praedict . & etiam de illis qui ratione potestate & dominii sui aliquos in eorum protectionem & advocationem pro suo dando susceperunt & adhuc suscipiunt , & de illis qui pecuniam vel aliud quodeunque ab aliquo per graves minas ei factas maliciose extorserunt & de conspiratoribus & hiis qui malas confederationem faciunt seu fecerunt & de malefactoribus in parcis & vivariis & ad felonias & transgressiones praedictas audiendas & terminandas secundum legem & consuetudinem regni nostri & juxta ordinationem per nos & consilium nostrum in parliamento nostro factam & etiam ad omnes assisas juratas & certificationes coram quibuscunque justic. nostris in praedict . com. kan● . surr. sussex & midd. arrainiatis & arrainiandas quamdiu vos vel duo vestrum in comitatibus illis pro negotiis praedictis morari contigerit capiendas & etiam ad gaol●● nostras in civitate & com. praedict . tam de prisonib●● captis pro suspicione feloniae vel mali , licet prius inde non fuerint indictati , quam de aliis prisonibus quotiens vos ad patres illas adesse contigerit deliberandas secundum legem & cons. regni nostri , et ad inquirend . si statutum nostrum edictum de aquis in quibus salmones capiuntur positis indefenso , & statutum nostrum winton . & etiam mandatum nostrum de suspectis arestand . & capiend . in singulis suis articulis teneantur , nec ne & si non teneantur , ●unc qualiter infringuntur & per quos , et si ballivos alliquos infra libertatem vel extra , seu ministros nostros inde culpabiles inveneritis , eos postquam inde convicti fuerint dimittatis per bonam & sufficientem manucaptionem essendi coram nobis ad certum diem eis per vos praefigendum , & recordum & premissum inde coram vobis habita tunc nobis sub sigillo unius vestrum m 〈…〉 atis & omnes alios de quibus vobis constare poterit quod contra statuta nostra venerint , taliter per paenas in statutis illis ordinatas vel alio modo in casu quo penae in eisdem statutis non est ordinat , castigetis ; quod paena unius sit castigatio aliorum , et ideo vobis mandamus , quod ad certos dies & loca quos vos vel duo vestrum ad hoc provideritis omnia praemissa expleatis in forma predicta , facturi inde quod ad justic. pertinet secundumlegem & coas . regni , salvis nobis amerciamentis & aliis ad nos inde spectantibus , mandamus enim vicecomitibus nostris london & vic . nostris com. predictorum quod ad vos dies & loca quos vos vel duo vestrum ei scire facietis , predicti vic . nostri civitatis predictae omnes prisonae gaolarum ejusdem civitatis , & eorum attach . et tot et tales tam milites quam alios probos & legales homines de ipsa civit. et predicti vic . predictorum com. assisas , jurates , certificationes illas cum brevibus originalibus , & omnes prisones gaolarum dictorum com. & eorum attach . & tot & tales tam milites quam alios probos & legales homines de com. predictis , per quos rei veritas in premissis melius sciri poterit & inquiri , coram vobis ven . fac . in cujus rei testimonium has literas nostras fieri fecimus pat . t. mei ipso apud laureto xxi die februarii anno regni nostri xxxv . which walsingham an authentique writer of those times calleth a troil baston or the modern french ottroy le baston or a commission to enquire of notorious offences and offenders and punish them . and in the making of his laws and act of parliament did not omit the right use of his power and authority when in the year of his reign in an act of parliament that the peace of the church and the state should be maintained , he did will and command that religious houses be not overcharged . in an act of parliament made in the same year that a clerk convict of felony delivered to the ordinary should not depart without purgation , it is said to be provided , and in the perclose , so that the king shall not need to provide any other remedy . and in some other acts made in the year it is agreed ; and in another act of parliament that elections ought to be free , the king commandeth upon great forfeitures , that no man , nor other by force of arms , by malice , or menacing , do disturb any to make free elections . that amerciaments shall be reasonable , and according to the offence ( wherein cities , boroughs , and mesne lords were concerned as well as himself . ) concerning the punishment of ravishers of women , the king prohibiteth . concerning appeals to be against the principall and accessory , it is provided and commanded by the king. the like in ca. . what persons be mainprisable and who not , and the penalty for unlawfull bailment ( those that were taken by the commandment of the king , or of his justices , or of the forest being not bayleable . ) concerning the penalties of a sergeant or pleader committing deceipt , the king commandeth that such things be no more done from henceforth . and if any officer of fee doth it , his office shall be taken into the kings hands . it is provided and agreed that the king of his office shall from henceforth grant attaints upon enquest in plea of land or freehold . in the several limitations of prescription in severall writs which might be to many very prejudicial , it was in like manner provided that in a writ of right none should presume to declare of the seisin of his ancestor further or beyond the time of king richard the st , writs of partition and novell desseisin of the first voyage of king henry father of the king into gascoigne , writs of mort d' auncestor , of cosinage , ayel , et nuper obiit of the coronation of the s●id king henry , and not before . that one plea shall be decided by the justices of the king's bench , before another be commenced , it is provided also and commanded by the king. in an act touching the tenants plea in a writ of dower , and at what time assizes shall be taken , it was declared , that forasmuch as the king hath ordained those things unto the honor of god and holy church , and for the common-wealth and remedy of such as be grieved , he would not that at any other time it should turn into prejudice of himself or of his crown , but that such right as appertains unto him should be saved in all points , and forasmuch as it is great charity to do right unto all men at all times when need should be , it was provided by the assent of the praelates that assizes of novell disseisin , mortd auncestor , and darrein presentment should be taken in advent septuagesima and lent , even as well as enquests may be taken , and that at the speciall request of the king made unto the bishops . in the th year of his reign caused an eatenta maneriorum or survey ( as to his particular royal revenue much like unto that of william the conquerors ) of his castles , houses , buildings , demesne-lands , copyhold , commons , parks , forests , woods , asserts , tenants , cottages , pleas , and perquisites of the counties , churches , and the values thereof , and of heriots , fairs , markets , escheats , customs , rents , services , fishings , freeholders , woods , rents of assize , tenures in soccage , or by knights-service , forreign works , and customes , perquisites of courts , fines , and all other casualties . declared by a statute de officio coronatoris , the duties of a coroner , and enquiries to be made by them . in the matter of bigamy published and declared certain constitutions before him and his councel , and commanded them to be stedfastly observed in the presence of certain reverend fathers , bishops of england , and others of the kings councel , to which the justices as all the kings councel did agree . cap. . in what cases aid shall be granted of the king , in what not , it is said , that it is agreed by the justices and other learned men of the kings councel of the realm , which heretofore have had the rule and practise of judgments , that where a feoffment was made by the king with a deed thereupon , if another person by a like feoffment and deed be bound to warranty , the justices could not heretofore have proceeded any further , neither yet do proceed without the kings command . and it seemeth also they could not proceed in other cases , wherefore they shall not surcease by occasion of any grant , confirmation , or surrender , but after advertisement made thereof to the king , they shall proceed without delay . ca. . concerning purprestures upon the kings lands to be reseised . if any do complain of such reseisins , he shall be heard as right requireth . . e. . in an act concerning a man killing another in his own defence , or by misfortune , it is said , the king commanded . in ca. . that the husband and wife being impleaded shall not fourch by essoin , that act of parliament is said to be the statute of the king. in the same year an exposition and alteration of the statute of gloucester in divers articles and points was made by the king and his justices , by the kings letters-patents dated at gloucester . in the foregoing statutes or articles whereof videlicet ca. . it is said to have been provided in ca. . established the like in ca. . in . and . provided , and the like in the . and the offenders shall be greivously amerced to the king. in the statute of gloucester , ca. . where it is ordained , that a citizen of london shall recover in an assize damages with the land , it is said the king of his speciall grace granteth , and the barons of the exchequer and treasu●er shall be commanded . and in severall statutes and articles there made , did afterwards by the advice of his justices make in some of them divers expositions , alterations and additions in several materiall parts or points . . e. . by his writ directed to the justices of his bench , signified that it was accorded , that at the next parliament by the councell and assent of the prelats , earls , and barons , provision should be made that none should come to parliaments , treaties or assemblies with force and arms , and in the next parliament after the said treaty , the prelates , earles , barons , and the commonalty of the realm ( comprised in the votes and suffrages of the prelats earls and barons ) there assembled to take order of that business , have said , that to the king it belongeth , and on his part it is through his royall seigneury strictly to defend by force of armour and all other force , against his peace , at all times , when it shall please him , and to punish those which shall do contrary according to the laws and usages of the realm , and hereunto they are bound to aid him , as their sovcreign lord , at all seasons , as need should be , and commanded the same to be read before him in his bench , and there enrolled . in the statute of mortmaine made in the same year , that no lands should be aliened in mortmaine upon pain of the forfeiture thereof , it is mentioned , that the king for the profit of his realm , minding to provide a convenient remedy by the advice of his prelates , earls , barons , and others of his subjects being of his councel , hath provided and ordained , &c. . e. . in the statute of the exchecquer , touching the recovery of the kings debts , the king by his writ directed to the treasurer , barons , and chamberlains of the exchecquer for the indempnity of him and his people , willed and provided . anno. ● . e. . in the statute of acton burnell made for recovery of debts , the king for himself and by his councel hath ordained and established . in the statute of entails that the will of the donor should in all things be performed , ca. . ( which was of a grand concern to all the nobility , gentry , and freeholders of england in their dignities , families , lands and estates , and the transmitting them to posterity ) it is said , wherefore our lord the king perceiving how necessary and expedient it should be to provide remedy , hath ordained . in ca. . where a cui in vita shall be granted , and a wife , or he in reversion received , the king hath ordained . ca. . where a tenant voucheth , and the vouchee denyeth the warranty , the king hath ordained . ca. . entituled in what case the writ of mesne is to be pursued , it is said in the perclose , that for certain causes , remedies are not in certain things provided , god willing , there shall be at another time . ca. . providing at what time writs shall be delivered for suits depending before justices in eyre , the parties may make generall attorneys , it is said , the king hath ordained . ca. . concerning process to be made in wast , our lord the king from henceforth to remove this error hath ordained . ca. . for the granting of writs of nuysance quod permittatis in consimili casu , where the king ordaineth ( for which by no ground or colour of reason it is otherwise to be understood ) that whensoever from thenceforth it should fortune that in chancery ( which is no body's court but the kings ) a like writ is found , and in another case falling under the like law a like remedy is not found , the clerks of the chancery shall agree in making the writ , or the plaintiffs may adjourn it untill the next parliament , and let the cases be written in which they cannot agree , and let them referr themselves untill the next parliament by consent of men learned in the law ( which could not in those times be understood as of the members of the house of commons , none of them being then chosen or summoned to give their consent in parliament . ca. . in the act of parliament entituled of what things an assize shall be certified . it is said , that forasmuch as there is no writ in the chancery whereby plaintiffs can have so speedy remedy by a writ of novell disseisin , our lord the king willing that justice may be speedily , ministred and that delays in pleas may be taken away or abridged , granteth , &c. and our lord the king to whom false exceptions be odious hath ordained , &c. the like words of the king 's granting and ordaining are to be understood in the chapters immediately following , viz , ca. . . . . and . in that of . e. . ca. . the two knights of the shire are changed by length of time or some other causes , into those which are now called associates , and are indeed but the enrolling clarks , which by that statute are allowed the justices in their circuits , as they have used to have in times past . were not knights of the shire elected for an house of commons in . e. . ca. . the king willeth that the chancellor and justices of his bench shall follow his court , so that he may at all times have some near unto him which be learned in the laws , and be able to order all such matters as shall come unto the court at all times when need shall require . and the like that the king ordained and willed is to be understood in the chapters or articles . . in that of . where it is mentioned , and so the statute is defrauded , it is said our lord the king hath ordained and granted . ca. . concerning the manner of writs to be delivered to the sheriffs to be executed it is said , that our lord the king hath provided and ordained , &c. and the king hath commanded that sheriffs shall be punished by the justices for false retornes once or twice if need be . ca. . entituled contra formam collationis , which was of great concernment in their lands and estates , and also as they then thought in matters of provision for the souls of their parents , ancestors , and near relations it is said our lord the king hath ordained . in ca. . appointing the several fees of marshall , chamberlains in fee , porters of justices in eyre , &c. which was of great importance to many , it is mentioned that our lord the king hath caused to be enquired by an enquest what the said officers of fee used to have in times past , and hath ordained and commanded that a marshall in fee , &c. which was then roger bigod earl of norfolk , a man of great power and authority ; it is in like manner ordained . ca. . that hospitalers and templers ( which were a part of the people then of great estates , power , and authority in the kingdom ) shall draw no man in suite , &c. it is said to have been prohibited , and the king also prohibiteth . ca. . setling the fees of porters bearing virges before the justices , &c. it is said , be it provided and ordained , and the king chargeth his justices . in the statute of winchester made in anno. . e. . that fresh suit shall be made after felons from town to town , our lord the king to abate the power of felons , hath established a pain in that case . ca. . where the county shall answer for the robbery where the felon shall not be taken , which though it was an excellent law and ever since put in execution , might upon the first impression seem to bear hard upon the people , that they not committing the crimes should be responsable in their purses and estates for it , the preamble saith likewise , our lord the king hath established . ca. . respiting that act until easter then next nsuing , it is mentioned that forasmuch as the king will not that his people should be suddenly impoverished by reason of the penalty , which seemeth very hard to many , the king granteth that they shall not incurr immediately , but it should be respited untill easter next following , within which time he may see how the country will order themselves & whether such felonys do cease . after which time let them all be assured , that the aforesaid penalties shall run generally , that is to say , the people in the country shall be answerable for felonies & robberies done amongst them . in an act of parliament at what time the gates of great towns shall be shut , and night-watches begin and end , it is said the king commanded . for the breadth of high-ways leading from one market-town to another , it is said , and further it is commanded . in the act of parliament that every man should have armour in his house according to his ability , it is said , and further it is commanded , and the justices assigned shall present in every parliament unto the king , such defaults as they shall find , and the king shall provide remedy therein . in the statutes of merchants made in the same year wherein the form of a statute merchant is appointed , it is recited that the king and his councel at his parliament holden at acton burnell in the th year of his reign hath ordained . in the statute of circumspecte agatis , the king only saith , use your self circumspectly , concerning the bishop of norwich and his clergy . in the statute of quia emptores terrarum made in the th of his reign it is said our lord the king in his parliament at the instance of the great men of the realm hath granted , provided and ordained that the feoffees or alienees shall hold of the chief lord of whom the lords were holden . ca. . if part of the lands be sold it is to be apportioned , and it is , to wit , that this statute extendeth , but only to lands holden in fee simple , and for the time coming , and is to take effect at the feast of st. andrew next . in the statute of quo warranto liberties are holden , our lord the king of his especial grace , and for the affection which he beareth unto his prelates , earls , and barons , and other of his realm hath granted . in a d statute of quo warranto to the same effect hath established . in the statute de modo levandi fines it is to be noted , that the order of the laws will not suffer a finall accord to be leavyed in the kings court without a writ original . in the statute of vouchers made in the th year of his reign , our lord the king by his common-councell hath ordained . in another of the same year concerning wast committed by tenant for life , our lord the king hath ordained . in the statute de defensione juris , hath ordained , and from henceforth commanded . in a statute de non ponendis in assisis made in the st year of his reign , our lord the king hath ordained . by an act of parliament made in the same year de malefactoribus in parcis , our lord the king hath granted and commanded . in the statute or act of parliament de consultatione , made in the th year of his reign willeth and commandeth . in the confirmation of the great charter , and the charter of the forest in the th year of his reign granteth and willeth . in ca. . that judgements given against them should be void it is said we will. the like in ca. and . in ca. . we have granted . in ca. . that the king or his heirs will for no business whatsoever take aids or prizes , but by consent of the realm , and for the common profit thereof , saving the ancient aids and prizes due and accustomed , it is said , moreover we have granted . in ca. . for a release of toll taken by the king for wool , without consent as aforesaid , saving the custom of wools , hides and leather granted by the commonalty , it is said , that the king at their request hath clearly released and granted . the king hasting into flanders to aid his confederate the earl thereof , against the continued envy , malice , and designs of the king of france his malignant neighbour , constituted ( without license of parliament ) his son edward then being under age the custos or guardian of the kingdom , and appointed richard bishop of london , william earl of warwick , nec non & milites reginaldum de gray , johannem gifford & alanum plukenet viros emeritae militae , providos & discretos to be his assistants and councellors , who in the kings absence with much ado , and with nullam aliam sentire vellent , obtained a peace to be made with the earl of hereford and earl marshal , that the king should confirm the great charters with the aforesaid articles added in the . . . and . of that parliament , and to the . of nullum tallagium , but by the consent of the realm , and for the common profit thereof , saving ut supra , releasing the tolls of wool. which being sent unto the king were returned sub sigillo suo tanquam , saith the historian , ab eo qui in arcto positus erat cedendum malitiae temporis censuit , upon the confirmation whereof the populus anglicanus concessit denarium nonum bonorum suorum . but the king being returned in the th year of his reign was pressed in parliament by the aforesaid earls , the constable & marshal , because the charters were confirmed in a forreign country , to do it again , for that the bishop of durham and the earls of surrey , warwick and gloucester , had promised , that obtenta victoria against the scots , he should post ejus reditum do it , and in the th year of his reign , being again in a parliament holden in london , urged by the said earls to do it , post aliquas dilationes , was willing to do it with an addition of salvo jure coronae , with which the earls being displeased and leaving the parliament , revocatis ipsis ad quindenam paschae ad votum eorum absolute omnia sunt concessa . which begot the statute said in the printed book of statutes published by mr poulton to be incerti temporis . e. . but it is to be beleived for the reasons aforesaid to have been made in the th year of his reign in those only words , that no tallage or aid shall be taken or leavied by us or our heirs in our realm , without the good-will and assent of arch-bishops , earls , barons , knights , burgesses , and other freemen of the land. in the statute of wards and reliefs . e. . who shall be in ward , and pay relief , which seemeth to be a declaration of the king alone , being for the most part of matters concerning himself , and his undoubted casuall revenue , it is to wit when in the statute immediately following touching persons appealed , it is said , the king hath granted , ordained , and provided . in the statute called articuli super chartas , ca. . in the confirmation of the great charter and the charter of the forest , in the later end and close thereof are these words , viz. and besides these things granted upon the articles of the charters aforesaid , the king of his especial grace for redress of the grievances which his people hath sustained , by reason of his wars , and for the amendment of their estate , and to the intent that they may be the more ready to do him service , and the more willing to assist him in the time of need , hath granted certain articles , the which he supposeth shall not only be observed of his leige people , but also shall be as much profitable , or more then the articles heretofore granted . that none shall take prices , but the kings purveiors or their deputies , it is said to be ordained with a nevertheless the king and his councell do not intend by reason of this estatute to diminish the kings right , for the ancient prizes due and accustomed , as of wines , and other goods , but that his rights shall be saved unto him whole , and in all points . declaring of of what things only the marshall of the king's house shall hold plea , &c. it is ordained . and in another act entituled , common pleas shall not be holden in the exchequer , it is said , moreover no common pleas shall from henceforth be holden in the exchequer contrary to the form of the great charter . that no writ concerning the common law shall be award under any petit seal . the authority of the constable of the castle of dover touching hold pleas and distresses . that the inhabitants of every county shall make choice of their sheriff being not of fee , it is said , that the king hath granted to his people that they shall have election of their sheriff in every shire where the shrievalty is not of fee , if they list , which would have been very prejudicial both to the king and his people , as to the collecting of his revenue , and executing his justice by his mandates , writs , and process , if the confirmation , allowance , or disallowance thereof had not been by law lodged in the king and his supream authority . what persons shall be returned in every jury , the king willeth and commandeth . for a remedy against conspirators , false enformers , and embracers of juries , the king hath provided a remedy . against mainteynors of suits , it is said , the king willeth , but it may not be understood hereby that any person shall be prohibited to have councel of pleaders , or of learned men in the law for his fee , or of his parents or next friends . what distress shall be taken for the kings debts , and how it shall be used , the king willeth . what sort of persons the commons of shires shall chuse for their sheriffs , forasmuch as the king hath granted , it is said , the king willeth . that baylewicks and hundreds shall not be let too dear to charge the people with contribution . in summons and attachments in plea of land , the writ shall contain daies , it is in like manner to be understood . in like manner against false retornes of writs . the king willeth that the statute of winchester shall be read times in the year , and put in execution . the king willeth that escheators shall commit no wast in wards lands . in an act of parliament declaring in what cases the owner shall have his lands delivered out of the king's hands with the issues , it is said the king willeth . in an act of parliament that vessels of gold shall be assayed , it is said to have been ordained , and that notwithstanding all those things before-mentioned , or any point of them , both the king and his councell , and all that were present at the making of that ordinance ( meaning the judges and assistants of that honourable court ) will and intend that the right and prerogative of his crown shall be saved to him in all things . in the statute de escatoribus . e. . at the parliament of our lord the king at lincoln in his councell , it was agreed and also commanded by the king himself , and this order shall be held from henceforth in the chancery notwithstanding a certain ordinance lately made by our lord the king concerning lands , and tenements taken into his hands by his officers , and not to be delivered but by the king himself , and as it is conteined in a certain dividenda or indenture made betwixt the king himself and his chancelor , whereof one part remaineth in the custody of the chancelor . in the new statute of quo warranto made anno . e. . it is recited that the king himself in the year of his reign , providing for the wealth of his realm , and the more full administration of justice as to the office of a king belongeth the more discreet men of the realm , as well high as of low degree being called thither , it is provided and ordained ; but in the writs framed to enquire by what warrant the liberties were granted to the people , they are said to be in parliamento nostro per nos & concilium nostrum . . e. . in an ordinance for measures , it is said , that by the consent of the whole realm of england the king's measure was made . in the statute of . e. . touching protections , granted by the king , it is said to have been provided . in the ordinance or definition of conspirators made in the aforesaid year it is declared that this ordinance and final definition of conspirators was made and aworded by the king and his councell in parliament . in the statute of champerty made in the d year of the reign of the aforesaid king it is recited , that whereas in our statute it was contained , and provided by a common accord , the writ framed thereupon mentioneth that law to be the kings ordinance . in the ordinance for enquests made in parliament the same year , it is said to have been agreed and ordained by the king and all his councell . in the ordinatio forestae made in the year aforesaid whereas certain people have by great men made request to our lord the king that they may be acquitted of their charge , and the demand of the foresters , our lord the king answered that when he had granted pour lieu , he was pleased it should stand as it was granted , albeit the thing was sued and demanded in an evill point . nevertheless he willeth and intendeth that all his demeasne lands , which have been of the crown or returned unto it by escheat or otherwise shall have free chase and free warren and in right of them that have lands and tenements disafforested for the said pourlieus , and such as demand to have common within the bounds of forests the intent and will of our sovereign lord the king is &c. and if any that were disafforested would rather be in the forest , it pleaseth the king very well and our lord the king willeth and commandeth the justices of the forest , &c. in anno . of his reign there being an ordinance for measuring of land. in the same year the king by his letters-patents with the teste meipso certifying the statute de conjunctim feoffatis declared that it was no new thing that among divers establishments of laws which he had ordained in his time upon the great and heinous mischiefs that happen in writs of novel disseisin chiefly above others he ( as if he neither did know or believe any co-ordination , or that he was to be tutored by a conservatorship ) had devised a more speedy remedy then was before , and willeth and granteth that that statute shall take his effect the morrow after the feast of st peter ad vincula next coming . in the statute for amortising of lands tempore e. . the king commandeth , &c. in ca. . which seemeth to be about the th year of that kings reign in the confirmation of all our laws , liberties , and customes it is said that the king willeth and granteth , if any statutes have been made or any customes brought in contrary thereunto , that such statutes , and customes shall be void for evermore . and for the more assurance of this thing we will and grant that all archbishops and bishops for ever shall twice in the year cause to be openly read in their cathedralls the said charters and denounce curses against the willing infringers thereof , and the archbishops , bishops , &c. have voluntarily sworn to observe the tenor thereof . in the ordinatio pro statu hiberniae made by him at nottingham by the assent of his councel there being in ca. . in what cases the justices of ireland may grant pardon of felony &c. and where not , there is an exception so always that there be no pardon or protection granted of those felonies which shall be hereafter committed without the special commandment of us our selves . in the ordinatio forestae made in the th year of his reign the king ordained . the like in ca. . that an officer dying or being absent another shall be put in his place . that no forester should be put in any assize or jury the king willeth . the like touching the punishment of officers surcharging the forest. the like for grounds disafforested . touching commons in forests and that the justices of the forest in the presence of the king's treasurer , and by his assent may take fines , and amerciaments , it is said , the king willeth . in the statute de asportatis religiosorum it being recited , that it came to the knowlege of our lord the king by the grievous complaints of the honourable persons lords and other noblemen , of this realm that monasteries and other religious houses founded by the king and his royal progenitors , and by the said noblemen , and their ancestors , and endowed with great portions of lands , that the abbots and priors especially certain aliens priors &c. have letten the said lands and laid great impositions and tallages thereupon , our lord the king by the councell of his earles , barons , great men , and other nobles of his kingdom ( no commons ) in his parliament hath ordained and enacted . that religious persons shall send nothing to their superiors beyond the seas . that no impositions shall be taxed by priors , aliens , it is said , moreover our aforesaid lord the king doth inhibit it . by whom the common seal of the abbys shall be kept and how used , it is said , and further our lord the king hath ordained and established . and though the publication and open notice of the ordinances and statutes aforesaid were in suspence for certain causes since the last parliament until this present parliament holden at caerlisle the octaves of st hilary in the year of the reign of the said king , to the intent they might proceed with greater deliberation and advice , our lord the king after full conference and debate had with the earls , barons , noblemen , and other great men of his kingdom ( no commons ) touching the premisses by their whole consent and agreement , hath ordained and enacted , that the ordinances and statutes aforesaid , under the manner , form and conditions aforesaid from the st day of may next ensuing shall be inviolably observed for ever , and the offenders of them shall be punished as is aforesaid . and so well did he and the lawyers of that age understand the originall , benefit , and use of the feudall laws , the ancient honour , glory , and safety , of the english nation , their kings princes and people , as he did , ( as the learned and judicious dr. brady hath asserted ) in and by the right of the feudal laws , and their original grant of the fees ( without assent or advice of parliament ) give license to their tenants to talliate , tax , and take scutage for ayd of performing the knight or military service , incident or chargeable upon their lands ; and likewise to tenants ( otherwise employed by the king ) in capite , though not in the army to charge their tenants with scutage , warranted by the writ following , in the th year of his reign directed to the sheriff of worcester in these words . rex vicecomiti wigorn. salutem , quia dilectus , & fidelis noster , hugo le dispencer per praeceptum nostrum fuit cum dilecto consanguineo & fideli nostro , edmundo com. cornub. qui moam traxit in anglia pro conservatione pacis nostrae , anno regni nostri decimo , nobis tunc existentibus in guerra nostra walliae , tibi praecipimus quod eidem hugoni facias habere scutagium suum in feodis militum quae de eo tenentur in balliva tua , videlicet quadraginta solidos de scuto pro exercitu nostro praedicto , & hoc nu●latenus omittas t. edmundo comite cornubiae consanguine regis apud westm. die aprilis . et consimiles literae diriguntur vicecomitibus leicest . eborum , lincoln . suff. wilts . south . surr. buck. essex . north. oxon , berk. norff. staff. rotel . & justic. cestr. and a writ on the behalf of henry de lacy earl of lincoln , directed the sheriff of york in the words , quia delectus & fidelis noster , henry de lacy , comes lincoln , non sine magnis sumptibus & expensis , ad communem utilitatem regni nostri in obsequium nostrum per praeceptum nostrum , in partibus franciae , pro reformatione patis inter nos & regem franciae , tempore quo eramus in guerra nostra scociae anno videlicet segni nostri . quod quidem obsequium loco servitii sui quod tunc nobis fecisse debuerat acceptamus , tibi praecipimus quod eidem comiti haberi facias scutagium suum de feodis militum quae de eo teneantur in balliva cua videlicet quadraginta solidos de scuto pro exercitu nostro praedicto , et hoc nullatenus omittas teste rege apud westm. . die aprilis . consimiles literas habet idem comes direct . vicecomitibus warr. bedford . buck. somerset . dorset . glouc. norff. suff. hereford . leic. lenc . notting . derby . northampton . midd. cantabr . oxon. berk. another on the behalf of henry de percy in the form ensuing , videlicet , rexvicecomiti eborum salutem , quia dilectus & fidelis noster henricus de percy fuit nobiscum per praeceptum nostrum in exercitu nostro scotiae anno regni nostri . tibi praecipimus quod eidem henrico haberi facias scutagium suum , de feodis militum que de eo tenentur in balliva tua , videlicet quadraginta solides de scuto pro , exercitu nostro praedicto , & hoc nullatenus omitas teste rege , &c. consimiles literas habet idem henricus vicecomitibus lincoln . derb. notting . cant. hunt. norff. suff. salop. stafford . consimiles literas habent executores testamenti johannis de watrenna quondam comitis surr. defuncti , probably the same man that being called to an account , quo warranto he held many of his liberties , is said over sturdily to have drawn out or unsheathed an old broad rusty sword , and shewing unto the justices itinerants , instead of his plea answered , by this which helped william the conqueror to subdue england , which so much incensed the king as he afterwards , as some of our english annalists have reported at his return home caused him to be besieged in his castle at rigate , untill in a better obedience to his laws he had put in a more loyall and legall plea. had the like letters de habend . scutag . de feod . militum , quae de ipso comite tenebantur die quo obiit in guerra regis speciale direct vicecomitibus surr. sussex , essex , hereff. buck. lincoln . northampton . ebor. by writ of privy seal . consimiles literas habuit prior de coventry qui finem fecit &c. direct . vicecomitibus warr. liec . northt . glouc. wigorn. abissa shafton qui fecit finem , &c. habet scutagium suum . but if aids and scutage were assessed by parliament the military tenants were to be the only collectors thereof . . e. . in the statute ne rector prosternat arbores in caemiterio , it is said , that because we do understand that controversies do oftentimes grow between parsons of churches and their parishioners concerning trees growing in the church-yards , both of them pretending that they do belong unto themselves , we have thought it good rather to decide the controversy by writing then by statute , and declaring them to be parts of the goods of the church , the king did prohibit the parsons of rhe church that they do not presume unadvisedly to fell them , but when the chancel or the body of the church wanted necessary reparations in which cases the parsons of their charity shall do well to relieve the parishioners with bestowing upon them the same trees , which he will not command to be done , but will commend it when it is done . so happy and ready was the obedience & better wisdom of the subjects of this kingdom in the ancient and former ages , when an agreement made before the king or his word was adjudged to have the power & force of a fine , & any one of his writs or edicts wanted not the operation and efficacy in many things of an act of parliament or statute , and so degenerate and unhappy are our present times as to suffer our interest and wrangling peevish disputes , to disobey or lay aside not only the king's mandates and edicts in the ordinary and necessary course of his government , but in extraordinary and his supream power in parliament . who was as well furnished with common as he was with civil lawyers , which as a militia togata were as strong and impregnable forts and bulwarks to help to guard his crown and dignity , namely , henry de bracton , john de breton , the sincere and upright john de metingham , & elias de beckingham , together with accursius doctor utriusque juris civil and canon gilbert de thorneton first his attorney general , afterwards chief justice ad placita cor am rege , gilbert de rowbery , roger brabazon and william howard a justice of the court of common pleas , cum multis in legibus eruditis & side dignis as to this day it appeareth in the steddy and unarbitrary pleadings and records of his glorious reign . in whose time it was not denied to be law and right reason that that verificatio patriae contra chartam regis non est admittenda . and did in the making of his laws but imitate his great ancestors . for king ina who reigned in anno domini . conredi patris sui heddae & ercenwaldi episcoporum suorum omnium senatorum suorum & natu majorum sapientum populi sui in magna servorum dei frequentia who in his making of his laws did believe it necessary in his imprimis to use the word precipimus . king alured who began his reign in anno domini . made his laws with a proposuimus & esto and in those which were published by johannes bromp●on with a praecipimus . king aethelstan who reigned in the year . made his laws prudenti ulfhelmi archiepiscopi aliorumque episcoporum suorum concilio with a signif 〈…〉 , decrevimus , statuimus & omnibus clare significat , and saith brompton mandat praepositis suis , and declared many of his laws with a volo & diximus & ediximus & placuit nobis . king edmund that began his reign in anno . made his laws solemni paschatis festo frequentem londini tam ecclesiasticorum quam laicorum coetum celebravit cui inter fuerunt odo & wolstanus archipraesul . plurimique alii episcopi with an ego edmundus rex omnibus qui in ditione ac potestate mea sunt clare significo decrevimus . edwardus rex saith , brompton made his laws with a mandit & praecipit omnibus praefectis & amicis ut justa judicia judicent & injudiciali libro stant & quod unum quodque placitum terminum habeat . king edgar who began his reign in anno . made his laws frequenti senatu with a sancivit porro autem has populo ( who were not then understood to be law-makers ) quas servet proponimus leges & publici juris beneficio quisque fruitor , and like his predecessors made them short and imperative and his canons in ecclesiastical affairs with a docemus . king ethelredus who began his reign in anno domini , made his laws sapientum concilio habito woodstoci merciae quae legibus anglorum gubernatur solely & imperatively with an esto . canutus anglorum dacorum & norweglorum beginning his reign here in england in anno domini , made his ecclesiastical laws solely and imperatively with an imperimus sapientum concilio ad natale domini . and his humanae & politica sapientum concilio with an omnibus observari praecipio , edocemus & esto , and touching his dominions of mercia with an haec eadem in mercia pro suis vendicat praeterea praecipimus , and an esto , satisfacto & poenas dependito , compensato , castigetur , exterminetur , in potestatem detur , plectitor , mulctator , mando invitus cogatur , habetor , & omnibus & singulis in dei nomine obtestor & praecipio . gulielmus rex anglorum cum principibus suis constituit post conquisitionem angliae qu●dam decreta with a volumus & firmiter praecipimus , statuimus , decretum est , interdicimus , prohibimus , & when the english had in the th year of his reign fletibus & precibus by the assistance of his norman subjects also obtained of him a confirmation of king edward the confessors laws , and to be governed by them , it is said to have been concilio baronum after an enquiry throughout all england , and certificate returned per universae angliae consulatus anglos nobiles sapientes & su● lege eruditos what those laws and customs were , et cum rex quae audisset cum aliis sui regni legibus maxime appretiatus est & praecepit ut observaretur per totum regnum . and they that will peruse the laborious collections of my ever honoured friend mr edward falconbergh , one of the deputy chamberlains of the exchecquer , the truest lover and carefullest preserver ( of the records , entrusted to his charge ) that ever come into that place , the very ancient gervasius tilburiensis , mr agard scipio le squier , & many other learned men , in the revolution of more then in that office years last past ( not excepted ) of the proceedings upon the very many quo warranto's , brought before the justices itinerant in their several circuits , throughout all the parts of the kingdom , in the reign of king edward the first as well high as low , lords spiritual and temporal , abbots and priors , great or small , therein sparing not his own brother , edmond earl of kent , may have premisses enough to conclude , that that stout and magnanimous prince did ( as our common english saying is ) lay about him , and had a mind to let his friends , the kings and princes , at the before mentioned congress , at montpelier in france understand that he knew how to perform what he had promised and undertaken . and it was high time to do it and look about him , when the benificiarii , his tenants in capite , would not be content to be gratefull , and allways keep in remembrance the obligations incumbent upon their lands , estates , ancestors , and posterities past or to come , and their oaths of allegeance and supremacy grounded thereupon , unless they might so work upon the favours , indulgence , ( and many times ) necessities of their kings and princes , as to procure as much as they could of their regall power and authority into their hands , as an addition to the many manors and lands formerly bestowed upon their forefathers , severall precious flowers of the crown , as fines and amerciaments , assize of bread and beer , felons , and outlaws goods , year , day , and wast , deodands , waifs , estreats and herriot , fossa & furtas , pillory and tumbrell , &c. and the then over-powering clergy , with their multitudes of abbotts , priors , and several orders of monks , fryars and nuns , working upon our former kings and princes devotions and liberalities ; heightned and procured by their too many tales and fictions of miracles and relicques , attracted unto themselves and their several houses and societies as much of their kings regalities , as could , with any justice to themselves or the rest of their subjects and people , or any reason , be required , or asked of them : and were anciently so fearfull to loose what they should not in that manner have gained , as the charter and patent-rolls of many of our ancient kings never wanted the company of the many confirmations of such kind of unbecoming grants ; and it may moreover justly be attributed unto the over-much clemency and indulgence of our common parents , kings and princes , that in their many acts of resumptions of no small quantities of manors and lands aliened from the crown of england , which as to its real estate in lands , is almost reduced to an exinanition or much too little for a royal revenue , they have notwithstanding , without any diminution permitted their feudatories to enjoy those very many regalities , which made them live like so many subreguli or petty kings or princes under them , and leave them so far exceeding the old saxon heptarchy , as ten thousand manors in england and wales unto their great regalities and liberties can amount unto no less then a strange kind of poliarchy in a monarchy , which like esau and jacob strugling in the womb never after agreed together , which that great prince king edward the . suis & aliorum miseriis edoctus did endeavour to prevent , and leave it to his heirs and successors as it ought to be a most ancient great and entire monarchy . was so exact and carefull in the causing of justice to be done , unto his people and subjects , as by himself or his justices itinerant and juries impannelled to enquire according to certain articles given unto them in writing , unto which they were to answer negatively or affirmatively , ( not as is now used by the justices of the court of kings bench , twice every year upon the impannelling of the grand juries of the county of middlesex , or by the judges in their several circuits to the grand juries of the several counties or places , by their learned speeches , and recommending unto them what they should enquire , and present what they know , and not tarry untill by chance or malice it be brought unto them ) which for the most part proves to be as little effectual , as if they should be required to have a care of their bill of fare , or what good provision of meat and wine was to be had at dinner , from whence well luxuriated and tobaccoed ( as unto not a few of them ) if they get home at any reasonable time of the night they have done their countrey service , that they have , and all is well , and for the little that they know is like to continue . but it was not thought to have been enough in that our great justiciar , king edward the first his reign , when he commissionated some of his justices to impannell juries in every ward of london , where it was found and returned upon their oaths in anno . of his reign , quod civitas london cum suis pertin . & cum com. middlesex tenetur in capite de domino rege , pro certa annua pentione , soluta ad scaccarium dominum regis per vicecom . london . quod dominus radolphus de berners mil. ten . unum messuagium , duo molend . aquatic . cum pertin . in paroch . sancti botolphi extra algate , quae vocantur the knights fee , quod quidem tenementum debet invenire domino regi unum servientem armatum in uno turretto turris london , per xl dies tempore guerra , ad proprios sumptus & in ultima guerrae fecit defalc . &c. dicunt etiam quod in com. midd. sunt hundred . wapp . & tithing . & pertin . ad civit. london , palat. westminster , keneton , judaismum , & turrim , & civit. london in manu sua . inquisitio facta per jur. de warda anketili de alneranzo civis & aldermanni london super certis articulis ex parte domini regis e. anno ejusdemtertio apud sanctum martinum magnum london eisdem jur. tradit . in which dicunt quod civit. london & turr. ejusdem , westm. com. midd. sunt de dominico domini regis , & quod reddant domino regi per annum l , item dicunt quod wynton , northampton , southampton , oxon , bristoll , ebor. & al. civitat . & burg. quorum nomina ignorant , sunt de dominico domini regis & reddunt certam pecuniae summam annuatim , sed quantum ignorant . et quod dominus johannes quondam rex angliae , pater domini h. regis , dedit elianorae tunc temporis reginae angliae ripam regiam in civitate london , quae fuit de jure , & est de dominico domini regis . in which that great princes inquisitions , and desire of administring justice to his people , it is not to pass unobserved , that amongst all his quo warranto's what liberties were claimed in every part of the nation , and every man that would enjoy them , driven not to conceal but claim them , there was untill the year of his reign , when the disused house of commons , first erected in and by simon montfort's aforesaid rebellion , was again ordained to be elected with some modification , there was not any claim of parliament liberty , nor in any of our after kings reigns , nor is it at any time to be called a liberty to be crowded under that denomination , for that it was but transitory , not fixt to any person or land , and was but vaga & incerta , that opinion of a would be learned lawyer and recorder in the county of surry reprehended openly by a judge , that it was a privilege or liberty of parliament , to use some art by a counterfeit deed , or otherwise to make himself to be a freeholder , with an intent to be a parliament-man . which jury presented pourprestures in stopping up the way betwixt ludgate and newgate , and from newgate to st nicolas shambles , and to and from several other places within the city , that john de london and gregory rokesly received money of the king to pay his debts , and retained a d part to their own use , and paid that which they did in bad money , that the mayor , shrieves and aldermen of london , without the consent of the community , did tax the men of small estate and suffred the greater to escape , that after the battell of evesham the city was fined marks , which was leavyed of the commonalty , of the citizens being excepted from pardon . et quod dominus rex habet in dominico suo , quae pertinet ad dignitatem coronae suae de antiquo dominico aquam thamess , quae incipit apud youland ad introitum maris , versus orientem , ex utraque parte usque ad pentem de staines . caused juries to be impannelled and presentments made , quae & quot maneria , quae esse solent in manibus domini regis , & de feod . domini regis , aut de antiquo dominico , de firmis , hundredi , wapentach , &c. quot hund. in com. middl. & de firmis antiquis , &c. of malefactors , assaults and batteries felonies , escheates , lands aliened in mortmain , incroachments super solum regis , pourpraestures and stopping of streets or passages , for building upon the kings ground , one whereof being presented by the jury not to be ad nocumentum was arrented at d per annum . who presented quod edmundus de cheyne tenuit prisonam de fleta serjeantiam de haereditate johannae valet per annum l . & per serjeantiam custodiend . prisones domini regis , & palatium domini regis apud westm. whereupon a sine die was granted , but with a salvo iure regis , &c. buildings super solum regis ordered , to be beaten down , when they were ad nocumentum , and inquiries made de vinis vendit contra assisam , purprestures in the passages of streets ordered to be altered and laid open , and the transgressors in misericordia and punished , a toll taken unjustly by the warden of the fleet upon fleet-bridge , and between that and holborn-bridge prohibited , and the warden fined , stalls , shops and galleries built , or posts and walls erected super solum regis in civitate praedicta commanded to be taken down , the overseer or supervisor of cloth in the city , presented for taking too much custom of the merchants , and other money to conceal the defects of cloath , for which his deputy being accused , petit quod possit admitti ad finem in hac parte priusquam inquisitio fiat , & admittitur per finem s. d. per pleg . it being presented that the customers or collectors of the customs for the wool ( then a very great transportable commodity into forreign parts ) had taken a greater custom then the usual cockett , and as well of the english as forreigners , ad dampm . domini regis , & oppressionem & depauperationem totius populi ; they prayed to be admittted ad finem cum domino rege , and were accordingly ; another was presented for setting up posts with iron-chains , ante ostium cellarii sui , and of them cross the street , postea the defendent came and pleaded quod delevit predictos postes infra sum . itiner . et jur. hoc testantur , & quia prius non delevit in misericordia ; peter cosyn presented for building a porch of foot long in solo regis , by which the street was streightned , et ( quod ) nullo modo possunt stare , ideo prec . fuit vic . quod prosternere fac . quicquid sit ad nocumentum , et def . in misericordia quia de facto suo ; william cosyn being presented for raising an imposition or toll in a street called cosyn-street , through which the people fetched water from the river of thames , et predictus williel , non venit , et fuit attach . per &c. ideo in misericordia , et jur. testantur quod predict . will. levavit de novo d . per anuum , ideo consid. est quod dominus rex recuperet s. d . pro predict . . annis versus predict . will. et idem will. in misericordia ; et predict . venella reman . communis ficut prius esse solebat , william de dalby in misericordia , for that he having a freehold tenement in civitate ista did not appear before the justices itinerant ; a mudd-wall built upon a peice of ground before the church of st. michael bassieshaw in civitate london being presented to be ad nocumentum , was ordered to be thrown down . walter de herbeston presented in cripplegate ward london for erecting certain barrs super solum regis , who confessing it , was ordered to pull them down at his own charge , and in misericordia quia prius non delevit . richard de bakere presented for making a well , the one half in his own ground , and the other super solum regis . roger de bellinger built stalls super solum regis , which he said he was willing to pull down if they should appear to be ad nocumentum , & praec . est vic . quod deleantur si sint ad nocumentum , & nichil de misericordia quia non de facto praedicti rogeri . another was presented for setting up pales of boards before his house in aldermanbury in london , which not being denyed the sheriff was ordered to pull them down , at the charge of the transgressor . another for building a chimney super solum regis , which was ordered to be pulled down at the charge of him that did it . william de pontefrayt for suffering his tenant hugh malyn since deceased , to build quendam gradum de petra extra ostium de ten. foot long super regiam viam , and the landlord himself about a year before fecit quandam fenestram in eodem ten . foot and an half broad and foot long , appropriando sibi de solo regis ad nocumentum , & non potest arrentari , ideo prec . fuit vic . quod deleri fac . robert de rofham years before fec . unum ostium foot long , ad ingressum cujusdam cellarii in chepe , extending it self into the kings high-way , appropriendo sibi de solo domini regis ad dampnum domini regis , & non potest arrentari ideo prec . fuit vic . quod deleri fac . the dean and chapter of st pauls london , being presented for taking s. per annum rent for an house in woodstreet , and incroaching upon s. rent out of another tenement in london , with another rent of s. per annum out of another house , pro sustentatione cantariae in ecclesia sancti pauli london in perpetuum , who pleading that the king had granted and confirmed unto them omnia legatu , donationes eis prius facta de quibuscunque terris , ten . seu redditibus in civitate ist a seu suburb . ejusdem per literas suas paten . prout plenius apparet inter placita in warda de farindon irrotulat , ideo idem decanus & capitl . inde sine die , &c. hugo de waltham being presented for building an house in the parish of st. peters in cornhill super solum regis , for which an anachoret paid d. per annum , and inclosed another part thereof with pales foot in length and foot in breadth super solum regis , and john de oxon was the now tenant thereof , who came and prayed that he might rent it at d. per annum , which was granted paying the king as much , the jury finding it not to be ad nocumentum , &c. ric. le taylor and others , presented for selling in the night , veteres pannos , caligas & alia mercimonia in deceptionem ementium , cum per antiquam consuetudinem usitatum in civitate , nullum mercatum ibi teneri debint , nisi post ortum solis usque ad horam nonam vesperarum die , ideo prec . est vic . quod venire facias . and thereupon the offenders were prohibited to do so no more , and the mayor and sheriffs injoyned , quod mercata de caetero non teneantur in london , post horam vesperarum pulsatam in ecclesia sancti thomae de aconia in civitate london , et postea proclamatum fuit , ( the modern and too frequent impudent cheating custom of false-lights purposely built in or near shops in the street side not then held to be godly , or to fignify any more then to shew where a knave dwelleth . ) presented some that had money to pay the kings debts and paid but part of it retaining the residue to their own use . and some of the company of the weavers in london for making an order for exacting a greater rate then was due for their works . that richard de rofham & al. fecerunt quandam congregationem ad aulam plumbatam super cornhil . that johanues de wengrave dum fuit major civitatis london , took of the vintners of london l. ut permitteret eos vendere lagonem vini ad d. & d. ubi vendidisse debuissent ad d. tantum ad dampnum totius populi civitatis , ideo prec . fuit vic . quod venire fac . and that the said john de wengrave in the taxing of the subsidy in the city of london , ad opus domini regis , by imploying men in every ward , ad opus voluntatem suam , did cause to be leavyed de mediocri populo civitatis , and when they were to leavy l. ad opus domini regis , did leavy de mediocri populo civitatis l. retinendo inde ad opus suum proprium l. and that the said john wengrave and his confederates being to collect in the city of london marks , for a sine , imposed for a trespass done to the king , for breaking down a wall juxta turrim london per quosdam de civitate praedicta , retained to their own use marks , in praejudicium domini regis & dampnum ejusdem mediocris populi , ideo prec . fuit vic . quod venire fac . eum , &c. likewise that the said john wingrave whilst he was mayor of london did sell dolia vini in grosso , & ad retalliam pretii cujuslibet dolii l. post statutum , ideo prec . fuit vic quod venire fac . eum , & postea testatum est quod praedictus johannes de wingrave non est invent , &c. sed quod distrinxerunt eum per exit . quorundam ten . & ipse non ven . whereupon the king by his writ directed unto hervey de stanton one of the justices itinerant , reciting the whole matter , commanded him to certify the said presentment to the treasurer and barons of the exchecquer , that they might according to law take order therein . presented that the dean and chapter of st pauls in london , had incroached upon a large peice of ground near that church , where the mayor and city of london were accustomed to keep their folkmote , and also muster and shew their arms , being solum regis , and other large peices of ground towards st. augustines-gate , unto which they pleading divers grants and charters of some of the kings royall progenitors , the king by his writ adjorned the process and pleading therein to be heard and determined before himself , ubicunque fuit in anglia in quindena st. michaelis prox . commanded the dean and chapter there also to attend at the same time . johannes de cumbuelle constable of the tower of london , was presented for taking toll , custom , and victualls of such as fish upon the river of thames near unto the tower , who pleaded that he took it for the kings use , and had accompted for it in the exchecquer . postea predictus johannes recessit in contemptum curiae , ideo praec . fuit vic . quod distring . eum , & quod habeat corpus ejus coram thesaur . & baron de scaccario in quindena sancti michaelis ad audiendum judicium . presented william de broy arch-deacon of london and others , for extortions as officers and clerks in the city , who made falsas & fictas actiones & per minas , extorserunt divers great sums of mony , & prec . fuit vic . quod venire fac . who came and denied the extortion but would not put themselves upon the jury , but the justices declaring unto them that when they are charged in the court for trespass against the king , et non vellent se ponere in jur. patriae ad ipsos inde acquietand . per quod jur. secundum legem & consuetudinem regni capiend . finalis exitus debet fieri , they were otherwise to proceed . whereupon the defendants not denying their offences , but refusing to put themselves upon the jury , submiserunt se gratiae domini regis in ea parte , & ideo ad judicium , & postea petunt dimitti per plevinam , & eis conceditur . and it was moreover presented ex parte comunitat . london , quod omnes tabernarii , vina vendentes ad retalliam in civitate ista , had by confederacy amongst themselves , ordained that they would not suffer any , that buy wine of them , to see it drawn out of the vessel , & sic predicti tabernarii vina sua vendunt in locis absconditis & obscuris , per quod plures homines bibentes de vinis illis aliquando gravitur infirmantur , & quidem ea occasione moriuntur , ideo prec . fuit vic . quod venire fac . omnes hujusmodi tabernarios , &c. whereupon some of the taverners their drawers or vadlets , as they were then called , came and not denying the fact , were fined marks to the king , unde quilibet eorum pleg . alterius &c. et injunctum est iis quod de caetero permittant vina emere volentibus videre vinum & dolium de quo bibere debet , & quod emptor videat ubi & quando vinum extrabatur de dolio , & similiter proclamatum est quod emptores vinorum de caetero non impediantur ad videndum vina sicut injunctum fuit tabernariis , &c. and juries were also impannelled to certify who were amerced sine rationabili causa & ultra quantitatem delicti , & non per pares , &c. and was so allways ready and willing in the administration of his justice , for the good of his subjects , as in the year of his reign , he did cause an act of parliament to be made to punish frauds and deceits , in serjeants or pleaders , in his courts of justice , under no less a penalty and punishment then a year and a days imprisonment , with a fine and ransome at the kings pleasure , and be never more after suffred to practise in any of the kings courts of justice . and if it be an officer of fee his office shall be taken into the kings hands , and whether they be of the one kind of the offenders or orher , shall pay unto the complainant the treble value of what they have received in like manner . and thus that great king by the testimony & applause of the age wherein he lived justly merited the honour to be inrolled in the records of time history and fame , for a most prudent and valiant prince , & in his personal valour much exceeding that of the exttaordinarily wise solomon , alexander the great , julius caesar , the politique hannibal , the wary fabius , or his valorous and daring great uncle richard the first of that name king of england , rendred himself equal to all the great kings and captains that lived before or after him . and might have thought himself and his successors to have been in some condition of safety when the writ or election of members in the house of commons in parliament were to be only by his own writs and authority , and the sheriffs who were not the parliament officers but the kings , and by the law to be sworn unto him not unto both or either of the houses of parliament , and were strictly to observe and execute his writs and mandates . sect . xix . that the sheriffs are by the tenor and command of the writs for the elections of the knights of the shires and burgesses of the parliament cities and burrough-towns , the only judges under the king , who are fit and unfit to be members in the house of commons in parliament , and that the freeholders and burgesses more then by a just and impartial assent , and information who were the fittest were not to be the electors . for the commissions or mandates of inferiour judges , magistrates or courts , or their power and authorities over executed , and further then the true intentions and proper significations of the words therein not overstrained or racked , or not as they ought to be duly executed , are in our and the laws of most of the nations of the world , accounted to be void & liable to punishment . and it ought not to escape our or any other mens observations that the county court of a sheriff is as sr edward coke saith no court of record , and is in it self of so petit a consideration as it holdeth no plea of any debt or damage to the value of forty shilings , or above , or of any trespass vi & armis , because a fine is thereby due to the king , is called the sheriffs county court , and the stile of it is curia vicecomitibus , the writs for the summoning of the commons or barons of the cinque-ports , who have been ( since . h. . ) and the allowance thereof in . e. . after a long discontinuance accompted as burgesses are directed to the warden or guardian of the cinque-ports , as they are to the sheriffs of every county for the choice and election of knights , citizens , and burgesses . and the sheriffs authority , as to that particular affair , is so comprised in the writs , as they are not to swerve or depart from the tenor or purport thereof , which are made by the chancellor of the king , or keeper of the great seal of england , & sometimes by a warrant under the king 's own hand , as in the fifth year of the reign of king eward the d in the words following , viz. rex vicecomiti eborum salutem quia propter quaedam magna & ardua negotia nos & ducatum nostrum aquitaniae , ac alias terras nostras in partibus trausmarinis , pro quibus ad easdem partes nuper solemnes nuntios nostros destinaverimus contingentique in ultimo parliamento nostro a quibus certis causis terminari non potuerint , parliamentum nostrum apud westmonasterium die lunae in crastino quindeux paschae , proxime futurae teneri , & cum praelatis , magnatibus & proceribus dicti regni ordinavimus habere colloquium & tractatum tibi praecipimus firmiter injungentes quod de dicto comitatu duos milites , & de qualibet civitate comitatus illius duos cives , & de qualibet burgo duos burgenses , de discretioribus , & ad laborandum potentioribus eligi , & eos ad dictum diem & locum venire faciatis , ita quod milites plenam & sufficientem potestatem pro se & communitate comitatus praedicti , & dicti cives & burgenses pro se & communitate civitatum & burgorum divisim , ab ipsis habeant , ad faciendum & consentiendum iis quae tunc de communi concilio ( favente deo ) ordinari contigerint super negotiis antedictis , ita quod pro defectu hujusmodi potestatis dicta negòtia ineffecta non remaneant quovis modo , & habeas ibi nominia praedictorum militum , civium & burgensium , & hoc bre , & hoc sicut nos & honorem nostrum , & tranquilitatem & quietem dicti regni diligitis , nullatenus omittatis &c. t. anno . e. . . febr. per ipsum regem . wherein none of the spirituall and temporal barons or their tenants for the land anciently belonging unto their baronies , or the clergy , having no lay fee tenants of the king , and ancient demesne , though many of those kind of tenants do take upon them to do it , abbots and priors , monks or fryers , which latter are to be accompted as dead persons in law , copy-holders and widdows are neither to be electors or elected , nor persons attainted of felony or treason outlawed , or prisoners in execution for debt , and the sheriffs in their returns or indentures are not to return , as they did sometimes , or do now , that the freeholders elegerunt , but that the sheriff elegi fecit , as was done in . e. . by a sheriff of roteland quod elegifeci in pleno comitatu per communitatem totius communitatis illius duos milites de discretioribus . in a return of a writ of summons in . e. . drogo de barentine the sheriff of oxford and berkshire returned , that richardum de vere militem , & johannen de croxford de com. oxon , richardum de walden & johannem de vachell de com , berk de assensu & arbitrio hominumeorundum com. nominatos premuniri feci & firmiter injunxi quod sint ad diem locum &c. and a sheriff of leicester and warwickshire mentioning the day when the writ of summons was delivered unto him , saith it was per manus cujusdam exteanei de garderoba domini regis q 〈…〉 nomen suum sibi nonnominavit nec billam expectavit , and that he had thereupon chosen robert de wileby miles de com. leic. & qui manucapt . fuit per johannem clerke & johannem russell johannem peche mil. de com. war. per manucapt . johannem walkere , willielmo peniter . for although it hath been said , and sometime taken for a rule in our laws , as well as in others in some cases , that qui facit peo alium facit per se , yet such trusts as those are as little transferrable as that of a membership of the house of commons in parliament to one that was never elected , and the sheriffs are not to trust either ignorant or factious men , by packing and juggling one with another to choose boys or youths under the age of . of which sort as mr pryn hath publiquely declared there have been above twenty at a time in the house of commons in some of our late unhappy parliaments ; or debauches , hereticks , or anti-trinitarians as one was in one of oliver cromwells mock-parliaments and ejected for it , or an atheist ; in regard that besides some particular clauses of their writs mentioned , it is allways expressed that the business for which the parliament was likewise to be assembled was pro defensione regni & ecclesiae anglicanae which do manifestly declare the intention of the king and his writs to be , that the madheaded people led by drink , ignorance , interest , bribes , fear , or flattery are not to be suffered by sheriffs to chuse papists fanatiques or rigid presbyterians , the greatest or most inveterate enemies to the church and kingdom , or the sons of such as sate in the horrid convention that murdered their king , and when they should make their election de prudentioribus & discretioribus , let fools knaves and drunkards chuse one another ; for howsoever the house of commons have been heretofore filled with some , or moulded otherwise then they should be , yet the intention of the writs was never ro introduce such fiery tempers or granadiers as should do what they could to fire all within and without , and elect all the new-fangled untryed innovations they can , and encourage others thereunto , before they know how to understand them ; make remonstrances and harangues , and print and publish them to the people against the government , fundamental laws , and the just rights of their sovereign , and their succession the former and later , of which the politiques of former ages and queen elizabeths blessed reign , would never think sit to be there disputed , and the perclose or later part of those writs , that one part of the indentures should be retorned to the king in his chancery may evidence that the intention of those writs and of him that gave them their breath , and authority , was , that the approbation and allowance of the elections should ultimately reside in the sovereign , which gave occasion to oliver cromwell in his usurped kingship , under the counterfeit title of protector of his fellow-rebells in an instrument of his own making , to reserve to himself and his privy councell the power of allowing and disallowing such as should be chosen to be members of the house of commons in parliament . for by law it is intended that the king should have the approbation of the men elected , and therefore to that end one pair of the indentures are to be retorned to the clark of the crown in chancery & our kings in their parliaments that succeeded the th year of the reign of king edward the first , as well as the tenor & purport of the writs , did provide that the sheriffs who are the kings , officers & not the peoples , should according to the kings writs be judges of the fitness , or unfitness of the persons elected or to be elected , and did therefore to prevent the defaults of due elections , ordain penalties to be laid upon them for making false retorns or doing wrong therein and give directions unto them how in many things to manage the affairs in such elections , as in . h. . . where it was complained that the sheriffs made the elections according to affections or otherwise , . h. . that undue elections should be enquired of by justices of assize , who should have power to enquire of false retornes made , and to examine and fine the sheriffs making default at l. and the knights unduly retorned were to lose their wages of old time accustomed ; and by an act of parliament made in the th year of the reign of king henry the th , the said sheriffs and knights were to be admitted to their answers , and traverse to such enquests taken ( which must be understood to be either in the kings court of chancery or kings-bench , where the king himself is supposed by law to be present ) and the knights should not be endamaged to the king , his heirs and successors by any such enquest untill they should thereof be convict according to the form of the statute of the . of h. . . knights and burgesses should be chosen of such as be resiant . h. . ca. . the people that were to chose ( or rather to assent ) were to have s. per annum freehold , and none to be chosen knights of the shires that have not above , and the sheriffs were impowered to examine upon oath how much every one in giving his vote or consent to the● election might expend by the year . and by the statute of . h. . . the sheriffs is to make his precepts to the mayor or bayliff of cities and parliament burgess towns , who were to take care of due elections and retorne the indentures to the sheriffs and the penalties given to the king , and they that should be mischosen and sit in parliament are to forfeit l. to the king , and as much to the party duly elected , or to them that will sue for the same , wherein no wager of law or essoyne is to be allowed , but such process as are to be awarded , as in trespass at the common law : and brooker a sheriff of wiltshire was in the reign of queen elizabeth , prosecuted in the court of starr-chamber upon an information for perjury at the queens suit for a false retorne made of sr john thyn to be knight of the shire for the said county in parliament , whereas in truth penruddock was chosen by the greater number of the freeholders in the said county in deceit of the county and of the whole realm . and the sheriffs and the chief magistrates of every city and burgess town , every knight of the shire and burgess of parliament ought by the mandate and tenor of the writs , and as the indentures which are not made betwixt the electors and the elected , but betwixt the electors and the sheriff do ordain to take care that the knights should have plenam & sufficientem potestatem pro se & comunitate comitatus , and the burgesses chosen for every city and burgess town : ad faciend . & consentiend , &c. which in a just formality of law ought to be signified to the king in his chancery by their indentures as an instrument or deed of procuration or letter of attorney which the after clause ira pro defiatu potestatis doth intimate to be a thing so necessary as without it they might be rejected , if it should be insisted upon , for surely the king that by his writ for the election gives the power and license to his sheriffs to elect knights and burgesses to come unto the parliament , is to have so much controll and power over it , as to examine whether they were duly elected , and upon occasions of death , undue elections , or other incapacities to cause new elections to be made , wherein although the house of commons have in this our century , or an hundred years last past , been willing to save the king and his ministers of state a labour , and upon the death or removall of a member have usually sent their warrant or certificate to the lord chancellor or keeper of the great seal of england , or the clark of the crown for the election of others ; the learned lord chancellor or keeper egerton , scrupling such a kind of proceeding , wished it might be otherwise , and the president of simon de monforts rebellious first institution of an house of commons , in his new unexampled kind of parliament in the th year of the reign of king henry the , cannot be so racked or strained , as to warrant any such proceeding , for even then , when he was those rebells prisoner for an year and a quarter , they could not tell how to adventure upon such a kind of new and self authority ; yet it hath been by the permission and indulgence of our princes , who have thereby too much given them the opportunity and advantage of making one evil action to be a custom , for all that have been but a little acquainted with our laws and records may without derogation to that part of the honourable court of parliament , of which it hath been well observed and said in the earl of leicesters case , no man ought to speak or think dishonourably of them , believe that it is a matter particularly and especially only appropriate and belonging to the king and his supreme authority and dignity , and the elections are so entrusted by the king to the care of the sheriffs & his officers , as in the choice or election of coroners or verduters de assensu comitatus by the assent or good likeing of the common people of the county , there is in the conclusion of the writ a speciall clause to certifie the name of whom they had chosen , which if the king were not therein to give his allowance or refusall , would be altogether insignificant and to no purpose . and by his sovereign power notwithstanding his approbation in such an election it was never denyed to be lawfull and for the weal publique , that the king upon information that the coroner so chosen was aliis detentus negotiis , and could not attend the duty and employment of that office , or was surprized with a dead palsie , or had not laws sufficient in the county , or lived in the further part thereof so that he could not conveniently execute the said office , or was elected sheriff or a verdurer in a forrest , or that quidam r. who was elected by the sheriff de assensu ejusdem comitatus , was not a knight , as the statutes concerning the making or electing of coroners directed , and had not l . per annum land of freehold , yet the sheriff had elected him into that office , to command the sheriff to chuse another in his place de assensu comitatus qui melius scire & possit ad illus intendere , & quod nomen ejus scire faceret &c. or when a verdurer was adeo languidus & semo confectus as he could not attend the execution of the office , another should be elected in his place de assensu comitatus , & nomen ejus scire faceret . and it is not like to be any disparagement to the judgement or knowledge of any man of the law to acknowledge that the writ of conge de eslire granted by the king to a pryor and covent to elect an abbot , or dean and chapter of a diocess to elect a bishop , when the king hath before hand nominated the man by an especiall clause takes care that he be regno & regi utilis & fidelis , and that after his election and the formality of the election by the dean and chapter dispatched , there is a writ de regio assensu to confirm that election , followed by another to the escheator to restore unto him the temporalities in the form following . rex dilecto & fideli suo j. justiciario suo hiberniae salutem , cum dilecti nobis in christo decanas & capitulum ecclesiae de b. vacante nuper ecclesia sua praedicta per mortem bonae memoriae lucae nuper episcopi loci illius dilectum nobis in christo m. j. decanum ecclesiae predictae in suum episcopum elegerunt & pastorem , & nobis per suas patentes literas : supplicaverunt , ut electioni regium assensum adhibere dignaremur : nos licet idem decanus & capitulum prius a nobis eligendi licentiam non postuleverint , ut est moris , volentes tamen eis hac vice gratiam facere specialem , eidem electioni regium assensum duxerimus adhibendum , nolentes quod , quamvis ipsi hujusmodi licentiam mini ne 〈…〉 runt , molestentur in aliquo seu graventer , volentes insuper eidem electo , ut ipsius parentur laboribus & expensis , gratiam facere uberiorem vobis dedimus potestatem , quod si contingat electionem hujusmodi per loci metropolitanum canonicum confirmari , & vobis inde per literas patentes loci ipsius metropolitam , nobis inde directas constiterit , tunc fidelitatem ipsius electi nobis debitam in hoc parte nostro nomine recipiatis , & ei temporalia episcopatus illius , prout moris est , restitui faciatis vice nostra receptis prius ab episcopo electo literis suis factis sigillo suo , & sigillo capituli sui signatis , quod gratia nostra , quam eidem electo ad praesens ex mera liberalitate nostra fecimus nobis vel haeredibus nostris non cedat in praejudicium , &c. t. &c. and may remember that when the papall clergy were culminated in their highest zenith under the domineering power and insolency of the popes their incouragers and protectors , and so high as upon the vacancy of bishopricks or other dignified ecclesiastick preferments they that sought for those places would hasten to rome , nd get bulls of investiture from the pope upon the kings unwilling recommendation , which though a politick fear had made king henry the . for a time to condiscend unto , yet he was carefull to make the party so preferred to appear at his return before him , either in person , or by proxy , and renounce every clause in the popes letters or bulls that might prove derogatory to his crown and prerogative or the law of the land , and swear fealty , and allegeance unto him , and thereupon writs were ordered to be made out of the chancery for a new election , if none had been before made by the dean and chapter of the diocess , or afterwards for the kings allowance of an election to be made by the dean and chapter and a restitution thereupon of the temporalities . and fitz-herbert a learned judge hath informed us that if a dean and chapter should elect a bishop without the kings assent , and after make a certificate thereof to the king , he may assent thereunto or refuse to do it , if he please , and if he do assent thereunto a speciall writ is to be made to some person to take his fealty and to restore unto him his temporalities in the form aforesaid . and our kings have not only done it in the election of coroners and verdurers , but in matters of an higher nature viz. the election of members of the commons in parliament in the case of sr thomas camois banneret ( which saith mr elsing ) did not , as a baron , antiently use to serve as a member in the house of commons in parliament , as appeareth by the kings writ directed to the sheriff of surrey for a new election in the stead of the said sr thomas camois , wherein the reason is expressed in these words : nos animadvertentes quod hujusmodi banneretti ante haec tempora in milites comitatus ratione alicujus parliamenti minime consueverunt eligi . and was afterwards as a baron summoned into the house of peers in parliament , and the kings servants have likewise had exemtions , as when james barners was discharged quia de retinentia regis , familiaris & unus militum camerae regis . the servants of the queen and prince enjoying also the like priviledges . for the same year there appeareth to have been an exemtion and discharge of thomas morvill , quia est de retinentia charissimae dominae & matris nostrae johannae principissae walliae . a verdurer being chosen in a forrest beyond trent , and the king upon a suggestion made in chancery , that he had not lands and tenements sufficient within the limits of the forrest , nor was resident therein , having caused another de àssensu comitatus to be elected , did upon better information by the justice of that forrest , that he had lands and tenements sufficient , and was fit for the place , supersede the later writ , and commanded that he that was formerly elected should be permitted to execute the said office. in the first year of the reign of king edward the st the king being informed that one matteville having been elected coroner of essex , de assensu comitatus officium praedictum explere non potuit , sent his writ to the sheriff of essex to elect per assensum comitatus , one that should be able to execute that office , with a command to certifie the name of the party to be so elected , which a king that is sui juris and not governed by those he should govern , might surely better do , then a private man who is never denyed the refusall of one elected , that is not fit for the ends and purposes for which he was chosen ; as if a carpenter should by a mistake of a friend or servant , be hired or employed to do the work or business of a farrier ; or a farrier of an apothecary . and it should be no otherwise , when all the laws of the world where right reason and morality have any influence , or any thing to do , have ordained and allowed a retorn or attempt to be given of writs , proces , mandates , or precepts , well or evill executed , unto those that had authority to grant them , and how they had been observed and obeyed ; which was the only reason , end and design , of such retornes and attempts to be given thereof . in the yearly nomination and appointment of sheriffs of the counties of england and wales , the judges of the severall circuits do elect six whom they think fit to be sheriffs for every county , which upon consideration had by the lord chancellor , or keeper of the great seal of england , lord treasurer , diverse of the lords of the kings privy-counsell , some officers of his household , and the aforesaid justices , being reduced to three for every county , their names are to be presented to the king , who chooseth one for every county , who is afterwards sworn and made sheriffs by his letters-patents ( the former being discharged ) and not seldom upon better information given to the king , altered , and another named by him , the mayor and sheriffs of london , and the mayor of oxford being elected , according to their charters , are to be yearly presented and sworn before his barons of the exchecquer , before they can execute or intermeddle in their offices , and a sheriff hath some hundred years ago been amerced and in misericordia quia retornavit & elegit alios quam milites in brevi de assiza . and with the same reason , and rule of justice , it hath been done in the undue and illegall elections of some members of the house of commons in parliament , upon complaint made , by remedies provided in the th year of the reign of king edward the third , as may be evidenced by the view and consideration of the records ensuing in these words , viz : rex vicecomiti lanc. salutem , quia super electione facta de militibus pro communitate com. praedict . pro ultimo parliamento nostro in com. praedict . venientibus maxima alteratio facta existit , nos ea de causa volentes super electione praedicta plemius certiorari tibi praecipimus quod habita in pleno com. tuo super electione praedict . cum militibus & allis probis hominibus de communitate dict . com. de liberatione & informatione diligentibus utrum viz. edwardus laurence & mathaeus de risheton qui in brevi nostro de parliamento praedicto tibi directo retornati fuerunt pro militibus dicti com. electi fuerint an alii , & si per deliberationem & informationem hujusmodi inveneris ipsos de communi assensu totius com. pro militibus dicti com. electos fuisse tunc habere facias eisdem edwardo & matheo decem & octo libras & duodecem solid . pro expensis suis veniendi ad parliamentum praedict . ibidem morando , & ex inde ad propria redeundo , viz. pro quadraginta & septem diebus utroque praedictorum edwardi & laurentii capiente per diem quatuor solidos , & si alii pro militibus ejusdem com. electi fuerint tunc nos de nominibus eorum sub sigillo tuo in cancellaria nostra reddas certiores hoc breve nobis remittens teste rege decimo septimo die novembris . per ipsum regem . but it seems that took no effect , for mr pryn in his marginall note saith , that they made no retorn as they ought to have done ( so early did the design of a factious popularity to provide for themselves , begin to take root , by the calling of an intended elected part of the common people of england into the great councell thereof ) as the tenor of the subjoyned writ will manifest in the form ensuing , viz. rex dilectis & fidelibus suis godfr . foliambe & sociis suis custodibus pacis nostrae in com. lancastr . salutem cum nuper pro eo quod super electionem ( recitando usque redder et nobis certiores ) ac jam intellexerimus quod praedicti edwardus & laurentius qui locum tenentes dict . vic . existunt & retornum brevium nostrorum com. praedict . faciunt breve nostrum praedictum penes se retinent & executionem aliquam inde hactenus facere non curarunt , & nihilominus vadia illa indies levari faciant in nostri deceptionem manifestam nos volentes hujusmodi deceptioni obviare vobis mandamus quod prox . sessione vestra vocatis coram vobis militibus & allis probis hominibus ejusdem com. & aliis quos noveritis evocando diligentem informationem , & inquisitionem super praemissis capiatis & de eo quod in hac parte inveneritis nos in cancellaria nostra sub sigillis vestris aut alicujus vestrum distincte & aperte sine dilatione reddatis certiores hoc breve nobis remittentes t. r. apud westm. per ipsum regem . et mandatum est vic . lanc. quod levationi dictorum vadiorum supersedeat quousque aliud inde de rege habuerit in mandatis t. ut supra . per ipsum regem . upon which mr pryn observeth , that the king in that age , not the house of commons , examined and determined all disputable and undue elections complained of , and ordered that the knights whose elections were unduly made , should not receive their wages or expences , untill the legality of their elections were examined ; and that the king may cause the elections to be examined , by speciall writts to the sheriffs or justices of the peace , in his default , to enquire and certify the legality of their elections by the testimony of their electors or assenters , out of the whole county , and untill full examination supersede the levying of their wages ; and in his plea for the house of lords and peers , saith , that the statute made in the th year of the reign of king henry the th , and the th of king henry the th upon the petitions and complaint of the commons in parliament to the king and lords , which inflicted penalties upon the sheriffs , for making undue elections and retorns , which formerly were arbitrary , at the discretion of the king , and to be tryed ( not by the commons alone without oath upon information as now ) but by the justices assigned to take assizes , and that by enquest and due examination therein , if the sheriff be found guilty , he shall forfeit one hundred pounds to the king ; and the knights unduly retorned , shall lose their wages ( not to be turned out , saith mr pryn , by a committee for privileges of the house of commons ) and that the statutes of . h. . ca. . . h. ca. . . h. . ca. . . h. . ca. . touching the election of knights , citizens , and burgesses to parliament , do not alter the law , or impower the house of commons to determine the legality of any elections , but leave them as before to the king , by the advice of the lords , to redress , as these law-books , viz. dier . . plowden . to . old book of entries . . have resolved , and are not to follow any late arbitrary precedents , but the ancient usage and law of our parliaments , and solid reason , which will not justify those late innovations or extravagancies ; for when men are , ( saith the learned sr robort filmer ) assembled by an humane power , the authority that doth assemble them , can also limit and direct the execution of that power . sect . xx. of the small numbers of knights of the shires and burgesses , which were elected , and came in the reign of king edward the first , upon his aforesaid writs of election ; and how their numbers now amounting unto very many more , were after increased by the corruption of sheriffs , and the ambition of such as desired to be elected . for mr. pryn in his indefatigable and most exact searches of the summons and elections of members of the house of commons in parliament and the return of the sheriff thereupon ( which he himself as well as others might have then thought unnecessary and superfluous yet are now of great use for the discovery of long hidden truths ) hath in all the reigns of king edward . edward the . edward the . richard . henry . king h. . & . and edward the th found no more then . boroughs , cities , and ports either summoned by sheriffs or their precepts or writs to elect or return or actually electing , returning knights , citizens , burgesses , and barons of the cinque ports to attend in parliament , that of those . glastonbury in somersetshire , overton in hantshire , st edmondsbury in suffolk , hoden and richmond in yorkshire had only one precept issued unto them ; odiham precepts , alton and basingstake in hantshire precepts to elect and send burgesses to parliament , upon neither of which they returned any burgesses , as the sheriffes returns of ballivi libertatis nullum dederunt responsum , or nihil inde fecerunt will attest , whereupon they never had any more precepts of that nature sent unto them before the end of king edward 's reign , christchurch only excepted , which of late years hath elected and returned burgesses . so that in truth of those . namely newbury in barkshire , freminton , modbury , south molton in devonshire , bromyard , ledbury , ros in herefordshire , dunster , langeport , monteacute , stoke , cursey , matchet , ware in somersetshire , alesford in the county of southamton , oreford in suffolk , gatton in surrey , alverton , malton , and pontefract in yorkshire , elected and returned burgesses but once , for one single parliament and no more ; mere in wiltshire , and rippon in yorkshire , upon two several precepts made only one election . five more of those antient boroughs , as lidford in cornewall , bradnesham , okehamtam in devonshire , andover in hampshire , woodstoke in oxfordshire , and that of severall precepts the sheriffs returned quod ballivi nullum dederunt responsum ; farneham in surrey , grantham in lincolnshire , and beverley in yorkshire , upon five precepts did but twice elect during the reigns of the aforesaid kings ; and more , to wit , cheping-norton , and dodington in oxfordshire , mulliborne port in somersetshiee , and coventry in warwickshire , made in all the times aforesaid but elections . poole in dorsetshire , webley in herefordshire , witney in oxfordshire , and aixbrugh in somersetshire , upon precepts had but elections , and returns in all those reigns . st albans in hartfordshire , kingston upon thames in surrey , wich in the county of wigorn , and heytesbury in wiltshire , made in all that time but returns and elections of burgesses . five others , viz. honyton and plymouth in devonshire , chard in somersetshlre , seaford in sussex , and wotton basset in wiltshire , but . preston in lancashire , stamford in lincolnshire , hyndon and westbury in wiltshire , but . stortford in hartfordshire , only . and lancaster . during the reigns of the aforesaid kings . some of them having long intervals and discontinuances , for ashperton in devonshire had it's first election in . e. . and it's d not untill . h. . which made above . years , though by the knavery , corruption , and arbitrary power of sheriffs , and the ambitious designs of some that desired to be elected members of the house of commons , and the long after introducing of those of wales , cheshire , durham and new-wark , the number of all the members of that honourable assembly were in mr cromptons time who lived and wrote in the later end of the reign of queen elizabeth , but . since increased to . or thereabouts . during the reign of king edward the st there were but cities and boroughs , besides the cinque ports which elected and sent citizens and burgesses to parliament of which number made only one election and return of burgesses . in the reign of king e. . there were precepts issued by sheriffs for boroughs , viz. great marlow in the county of buck. lescard and lestithiel in cornwall , bradneston in devonshire , melcombe and weymouth in dorsetshire , ravensey and rippon in com. eborum , stortford in hartfordshire , witney in com. oxon , axbrigge chard in somersetshire , lichfield in staffordshire , kingston in surrey , greenested , midhurst in sussex , cricklade , mere , and old sarum in wiltshire , which never elected or returned burgesses before , and two precepts issued out to other new boroughs , viz. dunstable , glastonbury , aulton , and christchurch , which made no elections or returns thereon . under the long reign of king edward the d there were writs or sheriffs precepts directed to new boroughs , and elections made to serve in his parliaments or great councels viz. ely in cambridgeshire for one great councel only , barnstable , dartmouth with hardennesse thereunto annexed , fremington , modbury , tavestock in devonshire , poole in dorsetshire , malden in essex , bromyard , ledbury , ros in herefordshire , barkhamsted in hertfordshire ( botolph in lincolnshire for two great councels only ) dunster , langport , monteacute , stoke , curcy , were , in somersetshire , and new castle under line in staffordshire , besides precepts issued to hodon and richmond two new boroughs in yorkshire , who made no election or return thereupon ; and saith mr pryn , neither of those ever sent citizens or burgesses to parliaments or great councels before that king's reign for ought he could find by records or history . and as for the ports of dover , ro●ney , sandwich , and winchelsey in kent , hastings , hythe , and rye in sussex , there are no original writs of summons found for the election of any of their members during the reigns of king e. . or . in the reigns of king richard the d , henry the th and th , there were no writs or precepts to any new boroughs to send burgesses to parliament . about the middle of the reign of king henry the th , there were only writs and precepts issued out for new boroughs in counties to attend the king in parliament as members in the house of commons , namely , gatton in surrey , heytesbury , hindon , westbury , and wooton basset in com. wilts . during the reign of king edward the th , there was only one new borough , grantham in lincolnshire , who never sent any in the former kings reigns . since which , new boroughs in cornwall namely , camilford , castlelowe , foway , graundpond , st germans , st ives , kelington , st marie's , newport , st michael , portlow , prury , saltash , bosseney , and tregonney with the boroughs of aylesbury and buckingham , in the county of bucks , cockermouth in cumberland , university of cambridge , bearealston , in devonshire , corfe castle in dorsetshire , harwich in essex , alderburgh , boroughbrigge , knaresbrough , thrusko , in com. eborum , cirencester , and tewkesbury in com . gloucester , maidstone , and quinborough in kent , botolph in lincolnshire , ( as to sending burgesses to parliament ) clitheroe , liverpool , wigan in lancashire , westminster in middlesex ( which never sent one burgess to parliament , though many have been holden in it until long after the reign of king edward the th . ) brackley , higham-ferrers , peterborough in northamptonshire , east-recford in nottinghamshire , chester , thetford in norfolk , barwick , morpeth in northumberland , banbury , and the univesity of oxford , in oxfordshire , haslemore in surry , tamworth in staffordshire , bishops-castle , ludlow , wenlock in shropshire , minched in somersetshire , christ-church , lymington , newport , newtown , peterfield , stockbride , whitchurch , yarmouth , st edmondsbury , eye , sudbury in suffolk , beaudly , evesham in the county of worcester , in all . committing the knights , cities , and boroughs of chester , and wales , erected by act of parliament annis . . and . h. . ) are all new and for the most part ( the universities excepted ) very mean , poor , inconfiderable boroughs set up by the returns and corrupt practices of sheriffs , and ambitious gentleman , which will be sufficiently evidenced by the sheriffs frequent returns of nullum dederunt responsum , & non sunt aliae civitates neque burgi in balliva mea or in com . praedict aut non curant mittere , saith a sheriff of northumb. in . e. . or nulli electi ratione belli in . e. . or as in northumb. in the th year of the reign of e. . or as in the th year of the reign of e. . when the sheriff of northumb. returned quod omnes milites de balliva sua non sufficiunt ad defensionem marchiae ; and to the town of newcastle upon tyne quod omnes burgenses villae praedicta non sufficiunt , ad defensionem villae ; in the . e. . the communitatas com. northumb. respondet quod ipsi per inimicos scottae adeo sunt distracti quod non habent unde solvere expedsas duobus militibus proficissuris ad tractatum & concilium apud lincoln tenendum ; and the bayliffs of newcastle upon tyne returned , quod ipsi tam enervantur circa salvam custodiam villae praedictae quod neminem possunt de dicta villa carere . so little were the former ambitions or designs of the gentry or common people of the counties or shires to be members of the house of commons in parliament as knights of the shires or as burgesses of cities or towns corporate , from the th year of the reign of king henry the d , unto the later end of the reign of king henry the th , in the course or circle of time of about . years . but all those the royal cares and condescensions of king edward the st to pacify a discontented part of his people and eradicate a deeply rooted commotion and rebellion did too soon or quickly after the expiration of the aforesaid . years deviate and degenerate from the former intentions and design of those his writs of summons . sect . xxi . who made themselves electors for the choosing of knights of the shires to be members of the house of commons in parliament , after the st year of the reign of king edward the st , contrary to the tenor of his aforesaid writs of summons made in the d year of his reign for the election of knights of the shire and burgesses , to come to the parliaments and great councels of several of our kings and princes afterwards . for so very great was the power , command , and influence of the nobility and dignified clergy , as they could from time to time , as the winds and tydes do usually agitate and blow upon the unruly waves of the ocean , make them lacquey after their good-will and pleasure , and attend their ambitions and advantages , which began but to peep out and c●awl in the later end of the reign of king e. the d , when roger de mortimer earl of march was in a parliament holden in the reign of king edward . accused of treason , and accroaching to himself royal power by procuring certain knights of the shires attending in the house of commons in parliament to give their consent to an aid to the king for his wars in gascoigny , and the humours and interests of the common people were so governed and influenced by the grandeur of the english nobility and principal clergy enticing them thereunto , more by their own respects and desires to please and humour , then by any particular motive or impulse of their own ; as in an election of members for the house of commons in parliament in the th year of the reign of king henry the th the archbishop of york , and sundry earls , barons , and ladies being said to be suitors in the county-court of york , were by their attorneys the sole electors of the knights of the shire of that county ; namely by william holgate attorny for ralph earl of westmorland ; william de killington for lucy countess of kent ; william hesham for the lord peter de malo lacu , william de barton for william lord roos , robert de evedale for the baron of graistock ; william de feston for alexander de metham ; chivaler , and henry de preston , for henry de percy chivaler ( who was then a baron ) earles and barons in those times being well contented to make use of that then no disparaging title ) sectatorum communium com . no other electors being then named in the indentures betwixt the sheriff and the county of york upon that election ; and in the d year of king henry the th with little variation , except for the persons for whom the electors were attorneys ; as namely in yorkshire , william mauleverer attorney for henry archbishop of york , william feutores for ralph earl of westmorland , william archer for john earl - marshal , william rillington for henry le scrop chivaler , domino de masham , william heshum for peter de malo lacu , william postham for alexander de metham chivaler , william housam for robert roos , robert barry for margaret the wife of henry vavasour chivaler , and robert davinson attorney for henry percy sectatorum communium pro com . eborum . ( no other suitors or electors being in that election and sheriffs indenture then mentioned ) the like upon writs for election of knights issued to the sheriffs of yorkshire , were found by indentures hereupon . and in annis . and . h. . and in . . . . and . henry . the attorneys only of nobles , barons , lords , ladies , and knights were made the suitors who made the election of the knights of yorkshire , and sealed the indentures untill . of king henry . when that undue course and way ceased , and the election and indentures were made by the freeholders ; and being elected were not at that instant enabled by them , or at any time after , to act or do any thing otherwise then according to the intent , tenor and purport of their said writs of elections , untill some farther requisites were to be by them performed and done , in order to the trusts reposed in them by their king and fellow-subjects . sect . xxii . of the actions and other requisites by the law to be done by those that are or shall be elected knights , citizens , and burgesses , to attend our king in their great councells or parliaments , precedent and preparatory to their admission therein . for the sheriffs and people of the counties were at the first so punctuall in the due performance of their kings aforesaid writs and mandates , in all and every the clauses and particnlars thereof , and so carefull in their elections of such as were to be trusted by and for them , in affairs of so high and more then ordinary concernment , as the states well-being , and defence of the king , the church , the kingdom , themselves and their posterities , not only for their personal appearance , but performance of the trust reposed in them , and not to do less or more , too short or beyond the bounds of their commissions or authority granted by the king , as they that were elected were constrained at the same time to give pledges and main-pernors , and sometimes four securities , but never under two , that they should not omitt what was commanded by the tenor of those writs ; insomuch as in the th year of the reign of king edward the first , john de chetwood and william de samtresden being elected knights of the shire for the county of buckingham , gave four manucaptors , and the like did robert de hoo , and roger de brien elected knights of the shire in the same year for the county of bedford , and in that year andrew trolesks and hugh de ferrers elected knights of the shire for the county of devon , were districti per terras & catalla quia pleg . invenire noluerunt . and in anno . e. . a sheriff of gloucester ( bristow at that time being neither city or county ) made his return on the dorse of the writ of summons , that the custos libertatis villae bristol respond . quod elegi fec . robertum wildemersh & thomam l'espicer ad essend . ad parliamentum apud westminster , in octavis sancti hillarii qui manucaptores ad essendi ad diem & locum praedictos invenire recusarunt per quod propter eorum vim , malitiam , & resistentiam & executione istius mandati ulterius facienda intromittere non potuit . and a writ appeareth in that year to have been returned for the county of midd. that william de brooks and richard le rous milites electi fuerunt per communitatem comitatus praedict . essendi coram concilio domini regis ad diem & locum in brevi content . qui potestatem habent ad faciend . quod de eodem concilio secundum brevis tenorem ordinabitur , after which followed the names of their manucaptors or sureties , and was a caution in those times believed to be so necessary as in the th year of the reign of king edward d , when thomas gamel one of the citizens of lincoln being returned with manucaptors , a burgess for the parliament , and not vouchsafing to attend the mayor and commonalty of lincoln , they elected alain de hodolston in his place , and desired sr william ermyn then keeper of the great seal , that he being so elected by them , might be received with the other citizen first elected with gamel as their busgess for that parliament ; and sent that their certificate and return under their city-seal affixed to the writ of election , that very ancient and necessary usage of giving manucaptors upon parliamentary elections being used in all the returns of the writs of election , for the election of knights , citizens and burgesses from the st year of the reign of king e. . during the residue of his reign ( for before no manucaptors or pledges for knights or burgesses elected to come to parliament were given in for those knights that were elected in anno . h . for the county of york ) and from thence during the reign of king e. . e. . r. . h. . and . and thence until after the . of king henry . and had after their elections actuall and formall indentures , or instruments of procuration mutually signed and sealed by the sheriff and the electors or assentors and elected , which were with the writs of election returned and filed amongst the records of the king in his chancery , having their procurations or powers inserted in the perclose of the indenture made betwixt the sheriff and the electors ( some being named instead of many ) dante 's & concedentes eisdem ( the parties elected ) plenam & sufficientem potestatem pro se & communitate praedict . ad faciend . & consentiend . iis quae tunc & ibidem de communi concilio regni domini regis , favente domino , ordinari contigerint super negotiis in dicto brevi specificat , and notwithstanding their election and one part of the indenture with the procuration therein returned with the writ to the king in his chancery were not accompted members of the house of commons in parliament untill their admittance by the kings allowance and authority as it was upon a great debate adjudged in the elizabeth in the house of commons in parliament in the case of fits-herbert , in which the two eminent lawyers anderson and coke afterwards successively lord chief justices of the court of common pleas were as members personally present , and in a parliament holden in the year of the reign of king edward . the king was angry that the convocation of the clergy appeared not , and charged the archbishop of canterbury to punish them for their defaults , and said he would do the like to the parliament ; in the year of the reign of king richard . members elected were by an act of parliament to appear upon summons or be amerced or otherwise punished according as of old times hath been used to be done in the said case , unless they may reasonably and honestly excuse them to the king , and in st and d philip and mary of the members of the house of commons saith sr edward coke , ( whereof mr edmond plowdon the famous lawyer was one , who pleaded that he was continually present at that parliament , and traversed that he did not from thence depart in contempt of the king and queen , and of the said court ) had an information exhibited against them by the aforesaid king and queen for not appearing in parliament according as they were summoned , cannot be admitted in the house of commons in parliament before they shall have taken the oaths of allegeance and supremacy before the lord steward of the king's houshold , or his deputy under a forfeiture or penalty , nor depart from the parliament without license , and when admitted are petitioners for license to choose and present their speaker to the king who in their behalf prayeth to be allowed access to his majesty , freedom of speech and from arrest of themselves and their menial servants during the time of their attendance , have wages allowed them by the king to be paid by their commonalties in eundo , morando , & redeundo according to longer or shorter distances or abode , their speaker being by the king also allowed five pounds per diem besides other perquisites appertaining to his place , are but petitioners , have receivers and tryers of their petitions assigned by the king , or by the lord chancelour de per liu ; and days were seldom prefixt and limited for exhibiting of them which were many times rejected with a non est petitio parliamenti endorsed , for that it was more proper for inferior courts and sometimes for their hast or importance of the king's affairs were ordered to be answered in chancery , are no court of judicature or record , were not accustomed to draw or frame acts of parliament which they assent unto , but leave them to be formed by the judges and the king 's learned councel at law and not seldom after parliaments ended , most of the former acts of parliament being drawn and framed upon petitions or specifying to be at the request of the lords and commons , or of the commons only , or that the king willed , commanded , prohibited , provided or ordained ; can make no proxies , and are but a grand enquest of the kingdom ; are not authorized to give or administer any oath , never did or are to do it , but are to send such witnesses as are to be sworn to take their oaths in the house of peers , and the members of the house of commons or their speaker jointly or severally cannot administer an oath unto any of their fellow members or any of the commons whom they would represent , for that would be to administer it unto themselves which juries and men impanelled in enquests are never permitted to do but are to receive their oaths from a superior authority , and none but the king or such as have been commissionated by him are impowred to give oaths , which hath allways put a necessity upon the house of commons when any witnesses are to be examined before them to produce and send them first to be sworn and take their oaths in the house of lords ; and they cannot adjourn or prorogue without the king 's special order and command , nor were ever summoned by themselves legally to come to parliament without the lords spiritual and temporal , but as to their meeting and continuance were to follow their king in his house of lords , as the moon and the stars ( those common people of the sky ) do the sun ; could not punish heretofore an offence or delinquency against themselves or any of their members without an order first obtained from the king or his lord chancellor ; have sometimes petitioned the lords in parliament to intercede with the king to remit his displeasure conceived against them ; in the times of henry the few petitions were directed to the king and his councel , some were to the king alone , and some to the lords alone , and some to the commons only , saith mr. elsing ; and if they were petitions of grace , the commons only wrote thereupon soit baile as seigneurs & per les a roy , or soit per le a roy , per les seimurs & the other were sent up to the lords without any directions , & the judges & the kings learned councel in the law prepared all answers to the petitions of the commons ; all petitions directed to the king were to be considered by the judges and his councel at law , and by them prepared for the lords , if need were by the commons , who sometimes petitioned the king that some of the lords might be sent to confert with them ; at all their conferences with them do stand uncovered , whilst the lords dosit covered , & when any of their members are by the king's grace and favour created barons or earls and called into the house of peers , are to receive others to be elected in their places , cannot of or by themselves redress undue elections , could not go home without licence of the king , nor have their wages levied and paid by their countrys without his order and writs . and being with those requisites and precautions come unto the parliament to do and consent unto such things as by the king and the lords spirituall and temporall should be in parliament ordained , did not certainly sit in one room , chamber , or place together . but whither they did sit in one and the same house or place , or not , will but little contribute to the extravagant fancies of our now state-moulders . sect . xxiii . that the members of the house of commons being elected and come to the parliament as aforesaid did not by virtue of those writs of election sit together with the king and the lords spirituall and temporall in one and the same room or place ; and that if any such thing were as it never was or is likely to be proved , it cannot conclude or inferr that they were or are cor-ordinate or had or have an equall power in their suffrages and decisions . which they may dream of from the beginning of the world unto the end thereof and never be able to evidence , and if it had been so , will be such an ill shaped argument that the members of the house of commons in parliament are thereby to be believed to be co-ordinate with the king and house of peers , or superior unto either of them as any one that was but within a little of a madman would be ashamed to propound or put it to the decision of the over-circumspect inhabitants of gotham . for who but such disciples or proselites can find the way to imagine or believe that when king william rufus dined at his marble table where the court of king's-hencb now sitteth in his large westminster-hall , and his nobility and many of his court attendants sat at their meat at their many lower table in the same hall , could perswade themselves or others to suppose an equality in degrees and power , or that the king because they did all sit but in one room or house was no more then co-ordinate with them . for in the grand feasts of the inns of courts , houses , colleges , or societies , for the study of our law , the judges , benchers , barristers , and utter barristers are not so ill used as to be in danger of any the like argument , because one common hall or room contained them all ; and the honor of the king or his privy councel are not diminished because there are greater or lesser degrees amongst them sitting in one and the same councell chamber . howsoever if they will keep their words and promise to acquiesce in proofs that are negative to what they are so willing to affirm , and should be sufficient to convince their insane conclusions , they need not want them when mr pryn and many good anthors will give us large and abundant evidences to manifest the errors of such their fond and reasonless assertions . for in the very many councels or parliaments of our kings reckoned by mr pryn from anno domini . unto the st year of king john there were no knights , citizens , or burgesses for the commons , as he positively and confidently affirmed either summoned elected to those many councells or parliaments , or present at any of them , and being not there at all there needs not to have been any question or controversy whether they sate in one house or room together . and when king john in the th year of his reign at the meeting and rebellious convention at running-mede of some of his unruly baronage ( which some of the liberty coyners would imagine to be a parliament ) where those barons were in the head of a mighty army of their own party , and the king had but a very few unarmed attendants with him ; mathew paris saith , they did in that conference or treaty for a peace seorsim considere , and notwithstanding that sr edward coke hath without any good warrant averred that the lords and commons in parliament sate together , and that the surest mark of the division of both houses , was when the house of commons had at the first a continual speaker which he mistakenly refers to ro. parl. . e. . m. . wherein a loyal learned gentleman hath● against his will by misinformation been led into an error that our three estates the king excepted ( as they have been sometimes and but sometimes called in our records ) state together , and that our records bear witness that they according to the french custom have sate in one ( house or room ) that is to say the lords spirituall and temporall within the barrand the commons without , for mr pryn in his animadversions upon that and other of his errors , saith , that the king's writs to summon the prelates and peers interesse nobiscum & cum caeteris praelatis , magnatibus , & proceribus regni sui ( did not intend the commons , knights , or burgesses , ) tractaturi vestrumque concilium impensuri neither did in all probability direct or intend that the commons should joyn or sit with them as both the writs and practice have ever since evidenced , and that all that that roll of . e. . doth import , is but that the commons came to the lords house and had sometimes conference with them , but that they sate or debated together is no way proved , but contsadicted by many parliament rolls as parl. . e. . nu. . compared with nu. . e. . si aleront mesme les praelats & procurators de clergy par eux mesmes & les ditz counties , barons , & grauntz par eux mesmes whose report being drawn up and then read before the king & les prelatz chivalers de counties & les gentz des commun furent pleysantz a eux touz & par nostre seigneur le roy , prelatz , countes , barons , & autres grauntz & auxuit par les chivalers des countes & gentz des commun furent pleinement assentuz & accordez at a parliament in the th year of the said king he requiring the advice of his parliament touching the french affairs and his voyage thither , they treated and deliberated c'est assavoir les prelatz par eux mesmes & les ditz countes , barones , & autres grauntz par eux mesmes & auxuit les chivalers des countes par eux mesmes , and then gave their advice so in the parliament reassembled at york in the utas of st hillary , in the same year the prelates , earls , barons , and great men by themselves et les chevalers des countes & gentz des communs par eux mesmes treated of the business propounded unto them ; and in the parliament holden at york the fryday before st michael in the same year , as q'eux prelatz ove le clergie par eux mesmes & les counties & barons par eux mesmes chivalers & gentz des countes & gentz de la commun par eux mesmes , en treteront & imparterent temps . vendredi prochein suont , & mesmes le vendredi en plein parlement les prelatz par eux mesmes les countes , & barons par eux mesmes , & les chivalers des countes par eux mesmes , & puis toutz en commun responderont ; and the like we read of the prelats , earls , barons and great men eux mesmes chivalers & gentz des countes of the knights , citizens , and burgesses and commons separate consultations by themselves , and their several answers to the articles and businesses propounded to them in the parliaments of . e. . n. . . . part . n. . to . . e. . n. . . . e. . n. . . . . . ro. parl. . e. . n. . . ro. parl. . e. . n. . . ro. parl. . e. . n. . . ro. parl. . e. . n. . . ro. parl. . e. . n. . ro. parl. . e. . n. . ro. parl. . e. . n. . & ro. parl. . & . when the commons had a speaker and departed to their accustomed place in the chapter-house of the abby of westminster . and ●aith sr william dugdale at the parliament holden at gloucester in anno domini . in the reign of king richard the d , in refectorio de armorum legibus tractabatur aulae autem hospitium communi parliamento erat deputata . porro in camera hospitii , quae camera regis propter ejus pulchritudinem antiquitus vocata est concilium secretum inter magnates versabatur ac in domo capitulari concilium commune . in the said kings reign the knights and burgesses were called by name in presence of the king. in the great alterations betwixt the lords and commons and king henry the th in the th year of his reign , and a pacification and endeavour to reconcile the lords and commons , the king sent unto the commons to come before him and the lords . in a parliament holden the th year of his reign the commons of parliament were called at the door of the painted chamber in the kings palace of westminster , and came , which shews that they did not usually sit there . in the . of king henry the . the duke of suffolk then lord steward commanded the clerk of the parliament to call the names of the house of commons , unto which every one answered , being all in the upper house , below the barr , and then the king came . nor was or is it likely to be within the verge or neighbourhood of any truth or reason , that such an inferior sort of men as some citizens and burgesses to be elected out of so many citys and boroughs , as those enforced writs of elections in anno . h. . designed , when the nobility , and gentry , and the laws of those times , not only held but believed it to be a disparagement to a whole kindred to marry with the daughters of burgesses , who might be understood to be either their tenants , or dependents , should presume or be allowed to sit in one and the same chamber , room , or place with their king , sitting in his throne or chair of estate , encompassed with his more noble and greatest councell , the lords spirituall , and temporal , the peers in parliament , where none but the peers themselves and their assistants , are permitted to sit , and do then also sit uncovered , when the civill and caesarian laws , and the laws , and reasonable customes of nations , do so distinguish betwixt the noble and ignoble , as if a gentleman be present , the ignoble or common persons shall arise from their seats , and give diligent heed when he speaks ; and it is a peculiar honor due unto gentry to sit upon benches or seats , and those who are otherwise , are not to take the right hand of them , or the chiefest seats in the company , or to sit next the judge before them , are not to be so much valued in their testimonies ; and more credit ought to be given to the oaths of two gentlemen produced as witnesses , then to a multitude of the vulgar or ignoble persons , & though many and great privileges are and have been in the civill laws given and allowed to the honorable order of knighthood , and that our kings and common laws have given unto them great respects and privileges , which are and have been to these our dreggy and worst of times enjoyed , yet it can be no disparagement to that ever to be esteemed order and degree , to have it affirmed and believed , that it hath been from the th year of the reign of king edward the st . to this our present century , and scarcely slipt out of the memories of aged men , no unusuall thing that many of the knights of the shires and burgesses , elected to be members of the house of commons , have been the secretaries , stewards , feodaries , or domestick servants , reteyners , tenants by knights-service or petit serjeanty , castle-guard , or managers of some part of the lands and estates of the nobility and great men of the kingdom . and as to that which some that are unwilling to submit to the powers of truth and right reason , will be ready to object , that in the . year of the reign of king henry the th , a committee of the lords have come into the house of commons to confer with them , and probably , saith mr elsing , might during the time of that conference sit with them , yet it was but pro hac vice and not constantly or at any other time . and when king james in the th year of his reign was pleased to order the lords and commons to sit in the court of requests , the lords on the right hand by themselves , and the commons on the left , they did then sit distinctly as out of their separate houses to be spectators of the creation of prince henry to be prince of wales , and could be no more an argument for those contrivers who are enforced to pick up any thing that they can imagine may be for their purpose , then that of the fatal over-eager prosecution of the late earle of strafford at the suit & instance of the house of commons upon their unlucky bill of attainder in westminster-hall , whether his late majesty ( afterwards murthered and martyred ) had from their separate and distinct houses for that only business , dislocated and transferred them . sect . xxiv . what the clause in the writs for the election of knights , citizens and burgesses to come unto the parliament , ad faciendum & consentiendum , do properly signify , and were intended by the said writs . of election to be members of the house of commons in parliament . for assensum dare est probari l. . c. de relation . consensus denotat aequalitates sententiarum , cogitationis & voluntatis . and facere duplici modo accipitur , aut pro nudo facto , aut eo quod effectum juris post se relinquit , si nudum est factum , nihil aliud significat quam corporalem effectionem , veluti fossam fodere , romam ire &c. quando autem effectum juris post se relinquit , omnemomnino faciendi causam complectitur , dandi , solvendi , numerandi , judicandi , l. verbum , f. de verb. sign . item reddendi l. . eodem tit . & restituendi quo intellectu pro gerere & reddere accipitur & pro eo quod est tradere l. verbum . f. de verb. elig . l. extat f. quod me cod. ad l. faciend . de verb. sig . hinc facere posse vel non posse in jure civili pro solvendo esse vel non esse sect . pend . de act . . de constit . per l. . sect . . & posse f. de re . consentire est in unam sententiam concurrere l. . f. conventionis . f. de pactis sic accipitur in l. consensu f. de action . & oblig . consentire videtur qui praesens non contradicit l. . in fine gothofred ad l. . in prin . f. consentit item qui non repugnat l. . de spons . consentire dicitur cum duorum voluntates in unam concurrunt utroque approbante & sciente , & consensus proprie non dicitur nisi qui verbis expressus est l. . sect . voluntatem . non qui cogitat aut loquitur proprie dicitur facere , sed agere , cumtamen quicquid fiat etiam agi dicitur . and it neither is or ever was intended that the commons assembled in parliament were to ordain , but to consent unto and obey such things , as their king and sovereign by the councel and advice of the lords spirituall and temporall should ordain . and therefore they will be foully mistaken , and run over head and ears into the grossest of errors , if they shall suffer themselves to be seduced into a groundless opinion that they can , and are to advise the king in the making or repealing of laws , as the lords spirituall and temporall are , or that they are to consider or advise with their sovereigns , or have as great an interest or charge incumbent upon them in the weal publick , and that the giving their assent is to be as a causa efficiens sine qua non . for if they will take the pains to consult our old historians and the grants and charters of our former kings and princes or great men , and the subscriptions thereunto , they will find the assent of all the subscribers , but the donors , to signify no more then approbations , or testimonies of witnesses , of which ingulphus , eadmerus , with mr. seldens annotations thereupon , and his tittles of honours , mathew paris , and sr william dugdales monasticons will afford us plentifull proofs and examples , and it will be beyond the reach of credulity it self that all or any of such subscribers , except the donors , had any proper or just interest of their own thereunto either to promote or hinder it . as in that charter made by witlafius king of the mercians in praesentia dominorum suorum egberti regis west-saxoniae & athel 〈…〉 ulphi filii ejus coram pontificibus , & proceribus majoribus totius angliae in civitate londonia , ubi omnes congregati sumus pro concilio capiendo contra danicos piratas littora angliae assidue infestantes signo sanctae crucis confirmavit ; or in that in anno domini , the grant of great quantities of lands to the abby of croyland attested by ✚ celnothus archiepiscopus cantuariensis consului . ✚ ego euboldus archiepiscopus eboracensis consignavi . ✚ ego osmundus episcopus londinensis collaudavi . ✚ ego helmstanus episcopus wintoniensis assensum praebui . ✚ ego herewicus episcopus lichfieldensis consensi . ✚ ego cedda episcopus herefordensis aspiravi . ✚ ego adelstanus shireburnensis episcopus procuravi . ✚ ego humbrithus helmari episcopus probavi . ✚ ego wilredus dommocensis episcopus annui . ✚ ego herferdus wigornensis episcopus gratum habui . ✚ ego godwinus roffen episcopus favi . ✚ ego hebba abbas de medel hamsted ratificavi . ✚ ego ambertus abbas ripadii interfui . ✚ kincuinus abbas de bardeine astiti . ego egbertus rex west-saxoniae concessi . ✚ ego adelwulphus filius regis west-saxoniae consensum dedi . ✚ ego wulhardus dux affui . ✚ ego athelstanus dux audivi . ✚ ego herenbrithus dux acceptavi . ✚ ego swithinus presbiter regis egberti praesens fui . ✚ ego rosa scriba regis withlas●i manu mea chirographum istud scripsi . and king edgar in his charter and confirmation to the church of glastenbury , using the title of ego edgar divina dispositione rex anglorum caeterarumque gentium in circuitu persistentium gubernator , & rector , viz. dunstano dorobernensi & oswaldo archiepiscopis adhortantibus , consentiente etiam & annuente brithelmo episcopo fontanensi , caeterisque episcopis , abbatibus & prioribus cum sigillo sanctae crucis confirmavit , ealfgina ejusdem regis mater consensit ; ego kennadius rex albaniae adquievi ; followed by the consent of divers abbots , dukes , and servants of king edgar , communi concilio optimatum suorum in the th year of his reign . and the same king founding a colledge or abby near unto winchester church had the consent or approbation of dunstan archbishop of canterbury with a corroboravi of edmond and edward clitones or sons of that king then under age , of alfthryth the queen with a crucem impressi , of eadgifu the kings grandmother with a consolidavi , of oscytil archbishop of york with a confirmavi , of the bishop of winchester with a benedixi , the bishop of london with a consolidavi , osulf bishop confirmavi , oswold bishop consignavi , alfwold bishop consolidavi , byzethtlen bishop confirmavi , alfetan bishop consolidavi , eadelm bishop confirmavi , athulf bishop consignavi , wensige bishop confirmavi , aescwig abbot consolidavi , osgar abbot consignavi , the confirmation of two other abbots and the newly instituted abbot of the foundation of alfhere duke followed by dukes more and ministri or thanes of the king , who as mr selden in his comment thereupon noteth , nempe plerumque ut regius cliens aut minister aulicus fundum eo nomini possidebat , those ages believing that consentientes et facientes pari constringuntur poena , in the hindring or not performance thereof , as in that grant of aethelred anglorum bas●leus of land to the abby of st albans in the year of our lord . said to be assented unto and confirmed by the queen , bishops , abbots , dukes , thanes , or servants of the kings who had no right or intelest in those lands ; and in an original charter of king stephens , by which he gave sutton to the church of winchester in exchange for morden , after the subsigning of divers bishops & earls and some others that were great officers , there were that subscribed with the title of barons . and when aethelbald in the year of the incarnation of our saviour christ , . as his charter mentioneth domino donante rex non solum mercor sum , sed & omnium provinciarum quae generali nomine angli dicuntur , did grant cumberhto . cassatas terrae , cui ab antiquis nomen est indicum husmerat , juxta fluvium ●tur , subscribed with ✚ ego aethelbald rex britaniae propriam donationem confirmavi , subscripsi , ✚ ego unor episcopus consensi , & subscripsi ; ✚ ego unilfridus episcopus ( jubente aethelbaldo rege ) subscripsi ; ✚ ego aethelric subre gulus , atque comes gloriosissimi principis aethelbald , huic donationi consensi & subscripsi ; ✚ ego ibrorsi magnus abbatis consensi & subscripsi ; ✚ ego heardberht frater ( atque dux ) praefati regis consensi & subscripsi ; ✚ ego ebbella consensum accommodans subscripsi ; ✚ ego onec . comes subscripsi ; ✚ ego oba consensi & subscripsi ; ✚ ego sigibrid consensi & subscripsi ; ✚ ego bercot consensi & subscripsi ; ✚ ego ealdoult consensi & subscripsi ; ✚ ego caila consensi & subscripsi ; ✚ ego pedo consensi & subscripsi . and the meer consent of a tenant to his landlords or lords grant by attornment doth not encrease or enlarge his former estate , but is only a consent and agreement unto that grant or as an obliging taking notice thereof : and where an archdeacon , dean and chapter are summoned to parliament act tractandum , they neither did , do , or can claim any other power beyond their obedience to what should be ordained by their superiors . the choice or election of a verdurer in a forrest by the kings writ , doth not make those that did it , the owners thereof ; and the election of a coroner by the like authority to collect and take care of the kings rights and profits , did never yet truly and rationally signify , that the electors were the masters of them ; neither doth the assent of the freeholders in a court-baron or leet , devest the lord of the manor or court-leet of any part of his right , propriety , or jurisdiction therein . for to assent in the aforesaid enforced statute de tallagio non concedendo , without the assent of the prelates , earls , barons and commons of england , viz. that tallage or aid shall be taken , or leavied by the king or his heirs in his realm without the assent of the arch-bishops , bishops , earls , barons , knights , burgesses , and other freemen of the land ; which tallages were the prises ( as walsingham mentioneth ) taken de bobus vaccis , frumentis , bladis & coriis , ( purveyance taken against his preparation for warrs in flanders ) de quibus tota communitas angliae gravabatur , but was never granted and intended , either in words express or tacite , to give either unto the house of peers or commons jointly , or severally , a negative vote , or deniall , or a legislative power , but only to free themselves from those tallages and prises complained of , which had such a force and obligation upon them , and placed in them such a reverence and awfull respect to their king and head , as they did subordinately , not seldom , obtain their kings leters-patents to license , or impower them , talliare tenentes suos de dominico suo . and although the commons in parliament in the year of the reign of king henry the th had in the advantage , which they suppose they might sasely adventure upon in a time of usurpation , assumed and arrogated to themselves a legislative co-ordinate power in the making of laws which other then petitionary as subjects to their king , none of their predecessors before or since the th year of the reign of king henry the . ever had or obtained , untill the last horrid rebellion in . when they would make heedless and headless ordinances instead of statutes or acts of parliament without their king , and would not forsake their madness untill they had murthered that blessed martyr king charles the i. yet the answer of king henry the th to that petition and claim did so manifestly deny to give any allowance thereunto as one of their greatest champions and underminers of our fundamental manarchick laws could afford , without prejudice to his the grounded cause to give posterity , that kings answer thereunto but concealed it as a conviction not to be devulged to their seduced proselites . for in the making of a bishop , wherein the king is acknowledged by the laws of england , truth and right reason , to be the only true and proper cause of making him a bishop , and the impositions of hands by some of the presbyters subservient unto him in his diocess which was but ceremoniall and much less then the ornaments of aarons garments in his multifarious priestly attire , and could never make or ordain him a bishop without the king , or give him livery of the lands appertaining to the bishoprick ; neither doth any law or right reason of any nation or the dictates of holy writ enable any to believe that the assent of the woman or wife in the holy rites of matrimony , could or should ever entitle her unto a command and superiority over her husband , or annihilate the decree of almighty god in the framing and forming of man and woman kind and order of the subservient government of the world. and it would be an engine mathematicall , or contrivance worth the enquiry or finding out , if it could be possible , how to settle or make our most excellently composed monarchick government usefull in its legislative power , if the houses of peers and commons in parliament should disagree who but their king and superior can or could be able to reconcile their discording votes , opinions or resolves . for our records histories annals and national memorialls have never yet found or so much as mentioned any laws statutes or ordinances made in parliament or out , without le roy le voult or his fiat or grant , or the grant and assent of the custos regni or his lieutenant commissionated by him made by an house of peers or commons or party of them as it were in parliament , untill the devil in a religious habit taught it unto the last most horrid of incomparable rebellions , or that any house or number of peers ever did or attempted to do any such thing or matter without the kings le roy le veult fiat assent or ratification , or that of his castos regni or lieutenant commissionated by him , except that which was done by symon montfort and his rebell partners in annis . . henry the against that distressed over powred prince ; when they had taken and kept him a prisoner for more then a year , and by fear and by force issued out writs in his name for an original of an house of commons in parliament , and owned and acted what they would have him , or constrained him to do in his name , and as by his sole authority neither as ego & rex meus or senatus populus quō anglicanus ; neither can the eyes of any far-seeing linx or lynceus , or any perspicuity , clearness or strength of sight , or the greatest of industry search or scrutiny whatsoever of our records or historians , or even of our neighbor nations , find or make any but fools or knaves or criminals of the highest nature believe , that any law was ever made in england or concerning any part of its dominions or teritories without their kings regal assent , will or dictate , untill that house of commons made that most damnable ever to be abhorred wicked vote or order , which they would have called a law , for the murder of k. charles the first , two of the principal contrivers whereof cromwell and bradshaw have since had their carcasses by a just judgment of god thrown and buried under tyburn a common place of execution for theeves and traytors , the worst of criminals and malefactors in mankind ; but lest the over hast of the designs of those that would make a gain thereby should gallop them into errors of no small dangers or mischiess to the publique , they may be pleased to take a little breath , pause and consider the true meaning acceptation and extent of the words constitute convince & colloquium , so often and necessarily used in the writs and mandates of our kings and princes , in summoning or calling a part of their subjects unto their great councels or parliaments . for constituere convenire significat & conveniendo obligat se ad id quod jam debitum est , sic constituere pecuniam est jam ante debitam absque stipulatione promittere theophil . in sect de const . non solum pro alio sed pro seipso quis recte constituat . sect. de constitut . inst . de act . debitum autem oportet esse quod instituitur , constituere possunt qui bona vel peculia habent cum libera administratione gad. l. . & de verb. & res signif . constituimus nudo consensu eoque sufficiente ad actionem producendam sect. . de just act ; constituere in dignitate , munere briss. ex f. & c. constituere quaestionem est decernere ut judicetur constitutio in generali nomine dicitur jus quod a principe conditur theophil . sect. f. de jur . natur . constitutum i. e. decretum , constitutus dies , dies praefinitus lex lengobard si talis causa fuerit quam deliberare minime possit paenas constituat & distringat hominem illum de judiciaria sua i. e. diem constituit lib. . . tit . . and it was the duty and interest of the commons elected to come unto parliament to consent unto such things as the lords of whom they held their lands , and stood in great awe of to gain their loves or avoid their ill-wills should advise , which with their oath of allegeance to the king their superior lord , and their homage and fealty done to the mesne lord , might perswade them to be as unwilling to forfeit their lands as they would be to injure their judgments and consciences . and though in some of the writs for the wages of the commons in parliament assembled , it hath by the mistaking or inadvertency of clerks been sometimes said , that they came and tarried ad consulend . & tractand . yet the tenor and intention of the most part of the writs of election for the commons have been since the st year of the reign of king edward the . as many as almost for every one in the purpose , tenor and commanding part of it , no more then ad faciend . & consentiend , and sometimes ad loquendum , and at another time ad audiendum & faciendum , upon which and no other account they came thither , and were returned as subjects , not king-makers , law-makers , governours , disposers or deposers , and whilst they remained there , or in veniendo & redeundo , and tarried at home , were nor could be no otherwise then subjects . and in that and no other manner certainly did king edward the d understand it , when in a parliament holden by him at westminster in the th year of his reign there had been a great mistaking in the designed manner of levying an aid granted to the king of s. and d. out of every parish of england as hath been before mentioned : upon the examination whereof after the parliament was dismissed , the king and his privy-councel finding that that rate upon every parish would fall much short of the summ intended , and not supply the publique occasions , did by an extraordinary special writ directed to the sheriff of every county , command them to summon only one knight , citizen and burgess of each county , city and borough serving in that parliament , especially named by the king in those writs , to avoid trouble and expences , to appear at a councel to be holden at winchester , to advise how to raise the intended summ of money , and directed the sheriffs to enquire and return the number and names of all the parishes , churches , chappell 's , and prebendaries within their respective counties , in the hands as well of lay-men as of clerks and religious persons , who accordingly meeting in the said councel of winton . which continued sitting but days , as the writ for the knight of southamton expresses , and for sussex , berks , oxon , wilts , only for days , and to others in like proportions , each of those knights , citizens , and burgesses , though they received their expences for going to , tarrying at and returning from the parliament at westminster , which granted that aid to the king , and were specially again summoned to that councell to rectify their great mis-calculation in the aid intended and number of parishes , had their expences by the kings writs allowed unto them for that purpose for repairing to , continuing at , and going home from that councell , and in that and no other sense or manner did the commons in that parliament understand it . neither did the commons in parliament , ( when upon the grant of the lords in parliament in the th year of the reign of that king of the th sheaf of all the corn in their demesnes , except that of their bound tenants , the ●th fleece of wool , and the ● th lamb of their own store to be paid in years . they made answer that they knew and tendred the kings estate , and were ready to aid the same , only in this new device they durst not agree without further conference with their countries , and so praying respite untill another time they promised to travell their countries ) think themselves to be kings or sovereigns over their fellow-subjects , or that they themselves were any other then subjects . and sr edward coke having affirmed it to have been as it were a law or custom of parliament , hath likewise informed us that in the year of the reign of that king , it being declared to the parliament by the arch-bishop of canterbury , that in a treaty between the kings councel and david le bruce of scotland , the last offer of the said david was , that he was willing to have ( so as he might freely enjoy to him in fee ) the whole realm of scotland without any subjection , or any other thing which might be accompted a perpetuall charge , concerning which the lords and commons being willed to give their advice made severall answers , that they could not assent to any such peace or any thing in parliament that tendeth to the disherison of the king and his crown whereunto they were sworn . for that which in all governments begot the frequency of the use of the word , assent , more especially with many of our kings and princes in their laws , rescripts , charters and edicts , proceeding from a design and desire only of complacency to win , engage and continue the love and affections of their subjects , and perswade them to a more willing obedience and better liking of what they had before given their assent unto , in the framing or contrivance of any laws , orders , or reglements , which might produce a custom not easily to be abandoned or forsaken . there being no greater ties or obligations imaginable upon mankind next to the fear and obedience to the divine laws , then interest , self-preservation , and publick good , and the dangers and mischiefs , which might and too often do ensue by the neglect of any or all of them . or if the commons writs to attend in parliament or their sovereigns great councells ad faciendum & consentiendum , had been , as they neither were or ought to be , ad consulend . & tract . super arduis , it was not super omnibus sed de quibusdam , that could not ex vi termini or the intent of their sovereign , or by any common or rationall intendment of any other , be understood to give them an authority over their king that desired their advice , nor operate any thing to furnish them with a power which they could not claim , or to release or discharge their duty and allegiance ; nor should transport their actions beyond the energy in either the mandate or procurations , for if it should , the multitude of counsellors which solomon accounted to be a safety , would be as so many masters o● dangers , and there can be nothing in the words ad faciendum & consentiendum , or the sometimes misclerkled or misapplyed words consulendum , tractandum , ordinandum , or in those at other times used words or expressions ad audiendum vel loquendum in the use , right , or genuine acceptation , intendment , signification , true etymology or common construction of either , or any of these words , jointly or severally to make them aequalls ; comptrollers , or masters of their sovereigns , for though good councell be as the eyes , ears and common senses to a prince or magistrate , yet it could never claim to be the soul or reason of them . for concilium by festus is derived a consulendo vel quod in unam sententiam plurium mentes conciliant , and consiliarius is no more then suasor , consultor , consulere veneranda antiquitate fuit judicare , de utili & honesto decernere : concilium & mandatum in hoc differunt quod mandatum species quaedam est imperii quod pro societate generis humani receptum est ut quod cuique negotium datum est id mandatoris periculo conficiatur . concilium autem ab imperio alienum est , nec ullam voluntatis ejus qui consultum dat significationem habet , itaque ejus consultoris arbitrio permittit , nec utrum fiet nec ne laborat itaque ex concilio nulla nascitur obligatio , ex mandato nascitur . l. . in fin . & l. . f. & l. consil . de regul . juris . tractare est discutere , agere vel deliberare seu disserere ; sic tractare in jus l. . f. . l. jul. de adult . ad tractandum id est agendum seu colloquendum l. . f. ad l. jul. de adult . tractatus pro questione & articul . in l. . in pr. & f. pro f. de prescr . verb. l. ult . f. ordo est dispositio recta antecedentium & consequentium scilicet quodque ordine suo loco collocantus . loqui hi dicuntur qui cum quodam judicio vocem proferunt atque singula ordine collocant vel sensus aliquos verborum de reg . juris l. . & . f. rem puplic . mando saith martinius signifieth gerendum procurandumve , aliquid committo ut imperiionus impono , jubeo , volo , necessario fieri est autem mandare alicui personae gerendum , aliquid exequendumque committere , mandatum est conventio qua is qui rogatur procuratoris animo id se recepit gratuito daturum facturumve , mandamus libero homini , villico , aut servo imperamus mandata appellantur praecepta principum quae praesidibus provinciae profiscientibus dabantur quibus omnis eorum potestas continebatur , l. . & leg . . f. de offic. l. . in fine & l. . f. de jnre proconsul . and colloquium is no more then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to talk or confer together . bracton calleth the parliament magna curia , & communis reipublicae sponsio , and in the beginning of his book writeth in this manner , lex vigorem babet , quicquid de concilio & consensi magnatum & reipublicae communi sponsione , authoritate regis sive principis praecedente juste fuerit definitum & approbatum ; the register of writs in the writs of wast & cessavit stileth it commune concilium regni , henry of huntington termeth it magnum placitum , when speaking of a parliament he doth it in these words , fuit in nativitate sanctae mariae magnum placitum apud northampton , in quo congregatis omnibus principibus angliae deliberatum est quod filia sua rediretur viro suo comiti andegaviae . ordinare i. e. judicium , causa , res , l. . l. . & ordinare postrema vel suprema judicia l. . c. de testam , which the commons cannot claim , when by their writs they are elected , only ad faciendum & consentiendum iis , which the king by the advice of the lords spiritual and temporal should ordain , & facere absolute est facere judicium & suffragium dicitur vox illa qua unusquisque declarat suam voluntatem , et pro auxilio accipitur , et suffragium dicitur proprie acclino deinde per metaph. assentio , foveo , auxilior , et significat succurrere , auxilium dare , et voces quae dicebantur in comitiis cannot be understood to make every vote or opinion , which is but recens & imbecilla assensio , to have the force of a law : et opinio quod incerta est is not to be esteemed either as a law , or any thing more then an embrio , or something more then a wish or desire ; and if it grow not up into a law , is to return into a vote , only with quid enim nisi vota supersunt , and must not claim to be a law , when it hath got but a third part , or the smaller of the way unto it , and should not adventure to enforce as many as they can to believe a vote of the house of commons in parliament to be a law like that which hath been said of the laws of the medes and persians ( who are now and long have been under an arbitrary government ) irrevocable , when as the commons in parliament have been from the first originall or beginning of it in the th year of the reign of king henry the . and for many ages past , and are and should be no more then ( as sr edward coke saith ) a grand enquest , as men that were most cognisant , that best knew the grievances of their countries with what might be their proper remedies , and their abilities or disabilities to aid their sovereign , and assist the publick good , being the truest , most intelligent and most considerate judges of their own interest , and the right and only use of their being elected appeareth by the use and reason thereof to be no other in parliaments then informers of grievances , and are to be petitioners for laws or remedies . when it is judicis officium , that is to say , the suprema potestas , which in england was never yet proved or rightly understood to reside in the people or any other then the king ; and in valde dubiis opinionibus in quibus non appareat quae sit magis communis rationes quae ex utraque parte efficaces adducuntur trutinare & non est dubitare de iis quae lege vel apertaratione monstrantur qua propter opinio quaelibet contralegem & veram rationem & vana est . and if any should be so wild or gone out of their reason as to endeavour to make an assent to be aequivalent , or as much as an innate authority , or any effect of a superiority , or so much as a resemblance thereof , they may as well undertake to assert that the prelates , earls , barons , and commonalty of engl. had power to create edward the black-prince , son and heir apparent of king edward the d prince of wales , and to give him the principality thereof , because that great and victorious king in the th year of his reign , did grant it unto him , concilio et concensu praelatorum comitum & baronum & communitatum regni sui ( non suorum ) angliae in generali parliamento ; when in the preamble thereof , he declared , that he did it de serenitate regalis praeeminencia , and the commons in parliament in the th year of the reign of that king , after that the archbishop of canterbury had spoken much in the commendation of richard de burdeaux , son and heir of edward late prince of wales , son and heir apparent of the realm , did with one voice pray the lords ( so ignorant were they then of their own supposed co-ordination and so over-valuing the power of the lords ) that they would make him prince of wales as his father was . who answered , that it lay not in them but in the king so to do , but promised to be mediators for him . so as they who would pretend to such a large representation of the people , are to remember , that they can give no power but such as they are themselves justly and by law entitled unto as subjects , obeying in their elections the words , intention , and true meaning of their sovereign , who did cause them to be elected to come unto his parliament , with a consenting , performing and obeying power only , but not an equall , coordinate or superior ; and that it hath been a ruled and allowed case thorough all the nations of the world , and the ages thereof , that nemo plus juris dare potest quam in se ipso habet . and however that prudent prince king edward the st . did ( for the avoiding of some troubles which a remnant of his and his fathers unquiet barons would have put upon him and his people , whom he was bound to protect , ) condescend to that act of parliament , that no tallage or aid should be granted , without the consent of the archbishops , bishops , earls and barons , knights , citizens , burgesses and freeholders of the land , put himself and them under the frailty of the good and kind will and intentions of a part of his subjects , yet he could not find either any cause or reason to doubt or suspect , that they or any of their posterity should so little follow the conduct or manage of their understanding , the care of their self-preservation , and the prevention of the ruine of their private in the publick , as not to submit to that known , and almost every where approved rule or aphorisme of wisdom , that publica privatis anteponenda sunt , and that of the poet , tunc tuares agitur paries cum proximus ardet . or that any , if not an enemy to himself , his posterity and his country , as much as a traytor to his king , would in a case of publick necessity , when every man was as greatly concerned to defend themselues , their king , country and posterities , by a giving giving a timely aid and assistance , ai if it had been pro aris & focis , and hannibal had been at porta's , have been either forward or backward to gard and relieve themselves , their king and country and not make hast to imitate the romans , ( who at other times factious and seditions enough ) would not suffer the more prudent fabious the preserver of his and their country , even in the mioest of their discontents and murmurings that he made no more hast to fight and beat the enemy , to want their help , either with men or money . when as bornitius saith , quicquid boni homo civisque habet & possidet quod vivit , & libere vivit , quod bene , quod beate , omniumque rerum & bonorum usu & interdum etiam copia ad voluptatem utitur . fruitur , totum hoc beneficium reipublicae civilique ordini acceptum est reserendum and that omnis homo & res singularum in republica conservari nequeant nifi conservetur respub . sive communis adeoque singuli sui causa impendere videntur qnicquid conferunt in publicum usum . and st chrysostome was of the same opinion when he said , that ab antiquis temporibus communi omnium sententia principes a nobis sustinere , debere visum est ob id quod sua ipsorum negligentes communes res curare universumque suum otium adeo impendunt quibus non solum ipsi , sed quae nostra sunt , salvantur . and zechius saith , regi competunt ratione excellentiae ejus dignitatis quae regalia dicuntur , and that multa adjumenta sunt ei necessaria ut dominium totum & externa tueri valeat . with whom accordeth bodin , informing us , that sine majestatis contemptu fieri non potest , ea res enim peregrinos ad principem aspernandum & subditos ad deficiendum excitare consuevit . for surely it was never rightly understood that their membership of the house of commons in parliaments did abridge or lessen the superiority of their sovereign , as may be evidenced by the procedures and affairs of all the parliaments of england , from the beginning of their admission thereunto untill the late unhappy distempers thereof . it having been by long experience tried and found to be in government a policy as successfull as prudentiall , to gain in the making of laws the approbation and good-liking as much as may be of those that are to obey and be guided by them , to the end that they may the more easily take effect & be put in execution , and that all occasions of envy , dislike , hatred and calumny , might be taken from the prince and his ministers of state , which advised or promoted them ; which ( as zanzini di recanati hath reported ) was a custom and usage of our neighbours the french , in and since the reign of their charlemayn , and the succeeding kings untill the reigns of some of their later kings and princes . which could not be without some variations in the writs of our kings and princes summoning or calling some of their subjects their great councels or parliaments , which may be fully evidenced . sect . xxv . of the many variations and alterations of our kings writs of summons to their great councels or parliaments , excluding some and taking in others to be assistant in that high and honourable court , with its resummons , revisions , drawing of acts of parliament or statutes by the judges or the kings learned councel in the laws and other requisites therein , necessarily used by the sole and individual authority of our kings and princes . for in the . or . e. . the sheriffs were authorised to elect citizens and burgesses , which they have since used to do by their precepts to the mayors , bayliffs &c. the writ for the city of london , anno . e. . was to elect two citizens ; another in , for ; . e. . for ; . e. . no more ; anno . e. to elect ; and had usually elected , and returned or citizens to serve in parliament upon sundry writs requiring them only to elect two , as in annis . . . and . e. . annis . . . . . . . . , e. . and mr pryn's opinion was that such kind of elections were made good and effectual only by the subsequent allowances of our kings unto whom all those returns were made , and who in those times determined all the rights of elections and numbers of the knights , citizens , and burgesses to be elected . and heretofore burgesses only of every borough in dorsetshire by assent of the rest elected and returned their burgesses in the county courts on the day of the knights election all by one joint indenture , and so continued to do not only in . . . . h. . . and . h. . but after the statute of . henry . as the indenture of . of henry . doth attest . in . e. . no judges appear to have been summoned to that parliament . nor to another in the same year . divers of the writs of summons in the reigns of edward . e. . e. . did specify the causes of summoning the parliament , but for the most part they were generall , as at this day , and none speciall after the th year of the reign of richard . the parliament being prorogued , for that the king could not be present the same day , new writs of summons have been antiently sent forth , and another day appointed as in . e. . . e. . . e. . edward the first in the thirty third year of his reign having summoned a parliament to meet at westminster die martis in quindena purificationis beatae mariae virginis proximo pro quibusdam negotiis regnum suum angliae nec non & stabilimentum terrae suae scotiae directing his writ to edward prince of wales his son , & aliis magnatibus & proceribus regni sui to be there tractatur , & concilium suum impensur . did the d day of that january direct other writs unto them , declaring that at that day propter aliqua impedimenta legittima postmodum a latere emergentia ibidem commode interesse non possumus quod nos taedet vobis mandamus quod die dominica proxima post festum sancti mathei apostoli proximo futuri ibidem personaliter intersitis nobiscum super dictis negotiis tractaturi & hoc nullate 〈…〉 s omittátis . and in the same year added a clause in the later end of his writ of summons , et habeas ibi nomina praedictorum militum civium et burgensium et hoc breve & scire facias eisdem quod propter arduitatem negotiorum praedictorum & celeriorem expeditionem eorundem volumus primo die parliamenti personaliter interesse per quod nolumus nec intendimus aliquem ad dictum parliamentum summonitum quod eodem primo die personaliter non inter sit habere ullo modo excusatum , &c. in the th year of his reign summoned the earls and barons to come to a parliament ad tractandum de & super auxilio ad edwardum primogenitum filium regis militem faciendum . in the year of his reign having summoned a parliament to be holden at caerlisle in octabis sancti hillarii in expectation that petrus sabinensis episcopus a cardinal of the church of rome and a legate of the popes , whose predecessor or himself had been a great agent against him and his father for the pope , the kings of france and the unquiet part of the baronage ( in the sad afflictions of the crown ) would be there against that time . et idem cardinalis came not to him to carlisle untill the sunday after mid-lent called passion sunday , quae nunc instat did afterwards , the d of february then next following , send his writ to thomas earl of lancaster his nephew a man of great power and estate , and a darling of the people , commanding him in fide & dilectione quibus tenetur firmiter injungentes quod dictis die & loco modis omnibus personaliter intersitis nobiscum super praemissis habituri colloquium & tractaturi vestrumque concilium impensuri & hoc sub foriffactura omni quae nobis foriffacere poteritis nullatenus omittatis . et eodem modo scribitur episcopis & aliis baronibus . king edward the d his son in the first year of his reign summoned a parliament to consult about his coronation , burying of his father , and the solemnities thereof , and his nuptialls , and commanded the archbishop of canterbury to summon the chapter of his church , archdeacon and clergy of his diocess , the dean and archdeacon in their proper persons and the chapter by one , and the clergy by two procuratores idoneos ad faciendum & consentiendum his quae tunc de communi concilio favente domino ordinari contigerit super negotiis antedictis & hoc nullo modo omittatis . eodem modo scribitur episcopis lincoln , london , cicestren , oxon. in the d year of his reign the sheriff of yorkshire returned a writ of summons to the parliament that he had according to the tenor of the writ made proclamation that none should come armed to the parliament . some of our kings after writs of summons to some temporal lords and bishops have countermanded them and commanded others to continue at their charges . in the th year of his reign a parliament being called to be holden at westminster , the king understanding that johannes de insula and some others had appointed the assizes to be held in the bishoprick of durham and the northern parts , did within a few days after the appointing of the sitting of the parliament send his writ to command him , that omitting his holding of the assizes he should in person be at westminster at the day appointed , & hoc sicut indignationem nostram & grave dampnum vestrum vitare volueritis nullo modo omittatis t. r. apud windsore die septembris . per breve de privato sigillo . in the th year of his reign sent his writ to thomas earl of lancaster , that omnibus aliis praetermissis he should be present at the parliament , wherein amongst the barons the judges and others were summoned . per ipsum regem . in the th year of his reign having summoned the earl marshal to be at a parliament to be holden at winchester , secunda dominica quadragesima proxime futura , and being informed by some of the nobility that by reason of the shortness of time , they could not sufficiently provide themselves , did prorogue the parliament to octabis paschae prox . futur . there to consult about the defence of aquitaine and his passage . in the th year of his reign he summoned a parliament to be at westminster to treat with the king , if he should be there , or in his absence with the queen and the prince his son. in the d year of king edward the d the sheriff of yorkshire sending his precepts to richmond and rippon to elect burgesses , they answered they were not bound to elect any , and would avoid the charge of their expences . in the d year of his reign termino paschae the bishop of winchester was indicted in the kings bench for departing from the parliament at salisbury . anno . edwardi . the king summoned thomas earl of norfolk earl marshal of england his uncle to the parliament with these words in the end thereof , viz. quod si quid absit propter absentiam vestram dicta negotia contigerit retardari ad vos prout convenit graviter capiemus . having called a parliament to consult about the affairs of acquitain , and summoned the archbishops , bishops , &c. to the aforesaid parliament , and a peace by the french embassadors being made in the mean time de assensu praelatorum comitum , & baronum , did by his letters ( or writs ) signify to them his pleasure that they should not come . commanded the same knights and burgesses that had been at the parliament at london , & quibusdam certis de causis recesserunt to appear at a parliament at westminster , seu alios ad hoc idoneos . in the th year of his reign by reason of some stirrs in the north-parts of england summoned a parliament at york , commanding them to be personally there , giving them notice quod propter arduitatem negotiorum praedictorum cessante impedimento legitimo praesentia vestra carere non possumus ista vice . and summoned the prelates , and nobles to a parliament at the same place , and signified that he would not admit of any proxies , and the archbishop of canterbury with some bishops not appearing , to the king 's great disappointment , he did by a writ of resummons directed to the said archbishop , other bishops , abbots , magnatibus & aliis therein-named , reciting that he had demanded an ayd and advice of the prelates , peers , and knights of the shires then present , who deliberato concilio responsum dederunt quod in tam arduis negotiis sine archiepiscopi , & aliorum praelatorum , magnatum , & procerum praesentia concilium & assensum praebere non possent nec debent , did earnestly supplicate him to continue and prorogue that parliament ad diem mercurii in octabis sancti hillarii tunc prox . sequen . & interim ceteros praelatos , & proceres tunc absentes convocari faceremus ac nos quanquam hujusmodi dilatio nobis damnosa & periculosa plurimum videatur eorum petitione in hac parte annuentes parliamentum praedictum usque ad octavas praedict . duximus continuandum seu prorogandum ac praelatis , magnatibus , militibus , civibus , & burgensibus injunximus quod tunc ibidem interfuerint quacunque excusatione cessante ac omnibus aliis praetermissis ne igitur contingat ( quod absit ) dicta negotia ad nostri & regni nostri dampnum & dedecus per vestri seu aliorum absentiam ulterius prorogari vobis in fide & dilectione quibus nobis tenemini & sub periculo quod incumbit districte injungendo mandamus quod omni excusatione cessant sitis personaliter apud eborum in dictis octabis nobiscum & cum caeteris praelatis , & magnatibus dicti regni nostri super dictis negotiis tractatur . & vestrum concilium impensur . sciatis quod si per vestram contigerit dicta negotia ( quod absit ) ulterius retardari dissimulare non poterimus quin ad vos exinde sicut convenit graviter capiemus . teste rege apud eborum . . die decembris . in the same year on a saturday , the house of commons had leave to depart , and were commanded to attend untill the next day on which the parliament was dissolved . in the several parliaments of . edwardi . and ● . e. . the cause of summons was declared by those that were appointed to do it by the king 's verball command only and not by any commission . in the year next following receivers and tryers of petitions were appointed par nostre seigneur le roy , & son concill , which mr elsing understood to be the kings privy-councell . . e. . an extraordinary writ of summons was sent to the sheriff of the county of stafford concerning an aid granted by the clergy of the diocess of coventry and lichfield of d. upon every mark given to the king to free them from the oppression of the laity in violently seizing upon their wools. . e. . the commons prayed that the writs to the sheriffs for the election of knights for the shires might have the clause que deux miltz valuez chivalers de countez soient esleuz & envoyez ad prochein parliament pour la commune si que nul d'eux ne soit viscount ou autre minister . which was agreed unto , and in the summons of parliament , and writs for the electing of knights of the shires was inserted , that they should elect deux chivalers ceynct des espees de chescun countie pour estre en mesme le parlement , and thereupon the next writ was quod de dicto comitatu duos milites gladiis cinctos elegi facias , which continueth to this day , although many times esquiresand no knights are chosen , and by the indulgence of our kings admitted , when in a dedimus potestatem to take a fine it will not be allowed . eodem anno the sheriff of northampton was commanded quod venire fac . to the parliament de villa northampton quatuor de corpore comitatus sui , sex mercatores de discretioribus & ditioribus mercatoribus villae & com. praedictorum cum quibusdam magnatibus & aliis de concilio suo super dictis negotiis in brevi specificat eis ibidem plenius exponend . tractaturi , suumque concilium impensuri , ulteriusque facturi quod ibidem de communi concilio & assensu contigerit ordinari , and that the sheriff , as likewise the sheriffs of all the other counties of england , were commanded to certify the names of the merchants sic eligendorum with a severe admonition in the latter end of the said writ of summons , viz. sciens procerto quod fi dicti mercatores de discretioribus & ditioribus ut praedicitur eligendi ad dictos diem & locum non habueris te ab ofsicio tuo amovere teque tanquam expeditionem negotionum nostrorum praedictorum impedieras & de impeditione hujusmodi culpabilem invenire absque difficultate aliqua faciemus , teste edwardo duce cornubiae , & domino de cestria filio nostro charissimo custode angliae apud kennington . et eodem anno , strangers have been sometimes admitted into the house of peers after a summons , to be receivers , and tryers of petitions , but did not sit . the commons at the beginning of every parliament are sent for out of the house of commons to come to the bar of the house of lords , where the lord chancellor , if he be present , or in his absence one of the lord chief justices , or an arch-bishop of canterbury , and sometimes the lord treasurer , and in . h. . linwood a doctor of law in the sickness of a lord chancellor , declared in the behalf of the king or his lieutenant the cause at large of the summons of parliament , commanded them to elect and present their speaker , the writs of summons making sometimes a short mention thereof , and many times none at all : in th , e. . the cause of summons was begun to be declared by the chancellor , but pursued by sr bartholomew burghurst ( concerning the kings actions in france . ) . e. . the king denied the arch-bishop of canterbury to come into the parliament-house untill he had answered certain articles objected against him in the exchequer , and then also refused him entrance , untill at the last at the intercession of the lords , he was admitted . in anno of his reign prince edward his son duke of cornewall and custos regni , with others of the councell summoned a parliament in his fathers name , to grant him an aid , being then in his wars beyond the seas . the king in the th year of his reign sent his writs of summons to a parliament to treat of the affairs of the kingdom , with these words , nobiscum si praesentes fuerimus ibidem , seu cum deputandis a nobis si abesse nos contigerit . eodem anno , writs were issued for the electing of two knights for every county without mention of any citizens burgesses , and in some no manucaptors for the elected retorned , and were to appear at london , but before the day appointed come , another writ came to appear at sarum . eodem anno , the king being offended at the small appearance of the parliament , on monday commanded it to be adjourned untill the next day . the receivers and tryers being named , because the prelates and other grandees were not come , on tuesday the parliament was adjourned untill the thursday , on which day the cause of summons was declared . . e. . on fryday the commons delivered in their petitions , which were considered by the lords upon saturday , sunday and monday , next following , and on that monday they were dissolved . in the st year of his reign he declared in his writs to summon that parliament , that he did call them not to give him money , or supplies , but only to enquire after wrongs done to the people . eodem anno , the commons having long continued together , desire an answer to their bill , & leur deliverance . anno . e. . the king sending his writs to elect knights of every county and burgesses of every city and borough caused a clause to be inserted that none should be placitatores querolarum manutentores aut ex hujusmodi quaestu vincentes . in . e. . the king issued out writs to the sheriffs of every county in england to elect one knight for every county to come to the parliament , and sent his writs to the mayors , and bailiffs of burgess towns ( not to the sheriffs as at other time ) to retorn citizen for every city , and burgess for every borough , except london , whose sheriffs were commanded to elect citizens , giving the reason why no more then for other places , ut homines ab ista occupatione audumpnalo quo nirus possimus retrahomus . anno . e. . sent hrs writs to the sheriff to elect de assensu com. only knight and to the sheriffs of london , the mayor and bayliffs of all other boroughs that used to send burgesses to parliament to elect and retorn citizens and burgesses apiece for the statute of the staple made in the same year ca. . hath these words , viz. whereas good deliberation had with the prelates , dukes , earls , barons , and great men of the country , that is to say , of every county one for all the countys and of the commons of cities and boroughs . anno . e. . the cause of summons was first declared before the names of the receivers and tryers were published . eodem anno , the king issued his writs to all the sheriffs of england to cause knights of every shire to come to the parliament at lincoln to confirm the perambulation of the forrests , and particularly enjoyned to summon the knights elected the last parliament , but if dead or unable to come to elect others in their places , and the sheriff for oxford and barkshire receiving only a mandate to elect knights for oxfordshire , did notwithstanding retorn two for berkshire in this manner , et quia com. berks. est in ballia mea licet perambulatio in eodem facta fuit & observata pro eo quod in isto brevi continetur quod colloquium in parliamento tractandum erit super aliis negotiis praefatum regem tangentibus , ideo gratis elegerunt duos milites quorum nomina , &c. anno . e. . the chief justice declared that the kings pleasure was that the cause of summons should be declared by mounsieur walter de manny , and so it was , yet the chief justice managed the parliament business in the house of peers as speaker , for presently after mounsieur de manny's discourse , he called the commons to advise thereof and make ready their petitions . in the year of his reign sent his writs to all the sheriffs to cause to appear in parliament all collectors of the tenths and fifteenths granted to him in parliament for paying his forces by land and sea for the kingdoms defence , to be restored again to the payers , in case no such expences should be made , and all arrayers of souldiers to give an account of all moneys received and disbursed by them , for that the soldiers and mariners were not paid . and to appoint one honest man out of every county to come along with them to see and examine their accounts . . e. . the cause of the summons was first declared before the names of the receivers and tryers were published , according to the use at this day and of all parliaments , since . e. . and it is said in the end of the shewing the cause of the summons , et outre le dit roy volt que si nul se sent greever mett avent son petition en ce parlement & ci ne avoir convenable report & sur ce ad assignee ascuns de ses clercks en le chancellarie recevoirs des ditzpetitions . in eodem anno proclamation was made in westminster hall by the kings command , that all the prelates , lords , and commons who were come to the parliament , should withdraw themselves to the painted chamber , and afterwards on the s●m● 〈◊〉 there being in the same chamber the chancellor , treasurer 〈◊〉 some of the prelates , lords and commons , sr henry gree● the kings chief justice told them in english ( much of the french language being then made use of in the parliament-rolls and petitions ) that the king was ready to begin the parliament , but that many of the prelates , lords and commons , who were summoned , were not yet come , wherefore he willeth that they should depart and take their ease untill monday . anno . e. . the lord chancellor concluded his speech touching the summons , the kings will is , que chescun que ce sont grievez mett devant sa petition a ces sont assignez per lui de ces recevoir & aussi de les triers . six days were not seldom allowed for receiving and trying petitions which were sometimes prolonged two or three days , ex gratia regis , and the reason supposed for such short prefixions , was because the sitting of parliaments in former times continued not many days . toriton a town in devonshire was exempted from sending of burgesses to parliament , and so was colchester in . r. . in respect of new making the walls and fortifying that town for five years . in divers writs of summons of king edward . he denied to accept of proxies ea vice . . and . e. . proxies were absolutely denied ista vice . r. . and . r. . the like with a clause in every of those writs of summons legitimo cessante impedimento . anno . e. . ista vice being omitted a clause was added scientes quod propter arduitatem ( negotiorum ) procuratores seu excusationem aliquam legittimo cessante impedimento pro vobis admittere nolumus , and thereupon the lords that could not come , obtained the kings license and made their proxies , and although at other times they did make proxies without the kings license , yet in such cases an affidavit was made of their sickness ( or some other lawfull impediment ) as in . . . and . h. . the antient form and way of such licenses in d e. . being in french and under the kings privy-seal , as mr elsing hath declared ; and therein the abbot of selby's servant was so carefull as he procured a constat or testimoniall under the kings privy-seal of his allowance of the said procuration , and another was granted to the said abbot in . h. . under the signet only . eodem anno the parliament having granted the king an ayd of s. and d. out of every parish in england supposing it would fully amount to fifty thousand pounds , but the king and his councell , after the parliament , dismissed , finding upon an examination that the rate upon every parish would fall short of the summ of mony proposed for that supply , did by his writs command the sheriffs of every county to summon only one knight for every county and one citizen and burgess for every city and borough that had served in the said parliament for the avoiding of troubles and expences to appear at a councell to be holden at winchester to advise how to raise the intended summ of money . anno . e. . an ordinance being made that neither lawyer or sheriff should be returned knights of the shire , the writs received an addition touching the sheriff only which continues to this day , viz. nolumus autem quod tu vel aliquis alius vicecomes shall be elected , but the king willeth that knights and serjeants of the best esteem of the county be hereafter returned knights in the parliament . eodem anno there was no judges summoned to the parliament . in anno . some particular knights were specially commanded by the king to continue in london days longer then others after the parliament ended , to dispatch some publique affairs ordained by parliament , and had wages allowed for those days to be paid by their countries . some being sent from ireland to attend the parliament , a writ was sent by the king to james boteler justice of ireland to leavy their expences upon the commonalty of that kingdom which varied from those for england . after the bill ( which in the usuall language and meaning of those times , signified no more then a petition ) delivered the chancellour , willed the commons to sue out their writs for their fees according to the custom , after which the bishops did arise and take their leaves of the king , and so the parliament ended . anno . e. . the prince of wales representing the king in parliament sate in the chair of state in parliaments after the cause of summons declared by the lord chancellour , or by any others whom the king appointeth , he concludes his speech with the kings commandment to the house of commons to choose their speaker , who being attended by all the house of commons , and presented by them unto sitting in his chair of estate environed by the lords spirituall and temporall , hath after his allowance and at his retorn , and not before one of the kings maces with the royall armes thereupon allowed to be carried before him at all time dureing the parliament with one of the kings serjeants at armes to bear it before him , and to attend him during the time of his speakership . anno . richardi . the parliament beginning the th of october was from time to time continued untill the th of november then next ensuing , and the petitions read before the king , who after answers given , fist bonement remercier les prelats , seigneurs , & countes de leur bones & graundez diligences faitz entouz l'esploit de dites besognes & requestes y faitzpur commun profit & de leur bien & liberal done au liu grantez en defens . de tout le roialme commandant as chivaliers de contes , citizens , des citeos & burgeys des burghs quils facent leur suites pour briefs avoir pour leurs gages de parlement en manere accustumes et leur donast congie de departir . in a parliament of . r. 〈◊〉 . there were severall adjournments , and the knights and burgesses resorting to , continuing at , and returning , diversis vicibus the parliament was thrice adjourned from one day to another before it sate , by reason that sundry sheriffs had not returned their writs , divers of the lords and commons were not come , and there arose a great quarrell betwixt the duke of lancaster and the earl of northumberland , who came attended with many thousand armed men of his tenants and followers to the parliament , which caused the king to adjourn it from monday to tuesday , thence to wednesday , and from thence to saturday , untill all were come , and the quarrell being pacified betwixt those great lords from the th nov. to decemb. by reason of the approach of the feast of christmas and the queens arrival from beyond the seas for her intended marriage from thence to the th of january many of them in the mean time returning home thence untill monday following , and from that time untill the d of february . before the st writ of summons could be executed a d came to prorogue that parliament . in . r. . a parliament being summoned to meet at new sarum on the th day of aprill being fryday it was twice adjourned , untill the wednesday and thursday following , because divers of the lords were not come , and many of the sheriffs had not returned their writs . . r. . the parliament was adjourned from westminster to shrewsbury , began the monday next after the exaltation of the holy cross at westminster , and at shrewsbury the th of st hillary . in st h. . the writ for the election of commons had this clause , nolumus autem quod tu seu aliquis alius vicecomes regni nostri seu aliquis alius homo ad legem aliqualiter sit electus whence it was called the lay-mans parliament or indoctum parliamentum . by the statute of and . h. . a clause was added in the writ , et electionem tuam in pleno comitatu tuo factam distincte & aperte sub sigillo tuo & sigillis eorum qui electioni illi interfuerunt nobis in cancellaria nostra ( not into the house of commons or house of peers ) ad diem & locum in brevi contentum certisices indilate . the receivers and tryers of petitions in parliament which were nominated in the beginning of every parliament , were prelates , nobles , and judges , and sometimes the lord chancellour and treasurer ; and if need required antiently the clerks of the chancery . in two parliaments of king henry the th the chancellours place was supplied by the kings verbal authority . in . h. . the chancellour to whom it appertained , ratione officii sui to declare the cause of the summons of parliament , being sick , the duke of gloucester the kings protector appointed dr linwood ( a doctor of civill and canon law ) to declare the cause of the summons of that parliament . in the title of the act of parliament . . . . . h. . & e. . and . e. . it is mentioned to be by the advice and assent of the lords spirituall and temporal , and the commons , and in . h. . by the advice of the lords spirituall and temporall , and at the request of the commons as it had been in the of h. . where bristoll was exempted by a charter of king henry the th from sending any more then homines or burgesses to parliaments . or ports summoned and in like manner admitted by the only writ to summon the cinque ports . . h. . acts of parliament were mentioned to have been made by the assent of the lords spirituall and temporall and commons . . h. . by the advice of the lords spirituall and temporall and commons , in & . h. . the like . . h. . by the assent of the lords spirituall and temporall and commons . anno the like . the like . in the r. . & . h. . acts of parliament were said to have been made by the assent of the lords spirituall and temporall and commons , and in . . . . . & . h. . . h. . the abbot of crowland was licensed to be absent by the lord chancellour and lord treasurer signifying the kings pleasure . and howsoever that the kings verbal license was sufficient , yet they that had obtained that favour had for the most part a formal license under his hand , and if not ready to be produced testimonialls thereof by some lord or others that could witness it . and so continued untill or . h. . but afterwards neither licenses or testimonialls were required , only it satisfied that the proxies or procurations mentioned the kings license , which no man could be presumed to do unless he had had it . anno . henrici . ex mandato domini regis quia domini spirituales absentes & in convocatione occupati sunt continuavit parliamentum usque in diem crastinum ( the lord chancellor being then a bishop and absent also ) and although some one or two of the temporall lords then sate in the house of peers it was but to receive bills . which continued untill . h. . in which year the lord chancellour did the day before continue the parliament unto the day after . in the same year november dominus cancellarius propterea quod domini spirituales in convocatione in crastino die occupandi continuavit praesens parliamentum usque in diem lunae , and many of the parliament rolls and journalls of king henry the th being not to be found . and from the th h. . untill the th there does not appear to have been any journalls , although severall parliaments sate in the . . . & years of his reign . . h. . no mention was made of the advice or consent of the lords spiritual and temporall , or commons . the like in and . . . & . h. . . h. . there is a memorandum in the journalls of the house of peers decretum est quod domini spirituales in convocatione diebus martis & veneris prox . sequen . & ex tunc die veneris ( donec secus melius videtur ) versari possent , & proceres sequentibus diebus sine impedimento quotidie circa dimi●ietat horae octavae ante meridiem in locis consuetis simul convenirent ad tractandum & consulendum circa republicae negotia . and after in the same parliament the fryday was changed into the wednesday in every week . eodem anno in the reign of h. . wednesday being a starr-chamber day , and friday a convocation of the bishops of the house of peers was by the chancellor adjourned to the saturday following , and in queen elizabeths days when the starr-chamber days were setled to be upon wednesdays , the parliament did not sit upon those days in the term time , which was constantly observed says mr elsing all the time of king james untill the th year of his reign , when upon tuesday the th day of aprill upon a motion made in the house of peers that there was a great cause in the middle of hearing to be heard in the starr-chamber the morrow after , the lords were content not to sit that morning , provided that it be not drawn into a precedent , but that the house being the supream court may sit upon a starr chamber day notwithstanding the absence of the lord chancellor , archbishop of canterbury , lord treasurer , the lords of the privy-councell , great officers of state , the two lord chief justices and lord chief baron , who do use to attend that court , and the next starr-chamber day the other part of the lords house did sit in the forenoon . the lords that were absent and could not appear upon summons of parliament were excused if they could obtain a license of the king , otherwise they were amerced , as in . h. . a duke was to be amerced l. an earl marks , and a baron l. if they came not upon summons to parliament . if the king be present in person , when the cause of summons is declared , the lord chancellour doth first remove from his place , which is on the kings right hand behind the chair of estate , and conferreth privately with his majesty . and that ceremony is ever to be observed by the lord chancellour , or those that are appointed by the king to officiate in that particular for him before he speak any thing in parliament when the king is present . the cause of which ceremony saith mr elsing seeming to be , that as none but the king can call a parliament , so none but the king can propound or declare wherefore it was called . if the king be represented in parliament by commission the lord chancellor sits on the wool-sack after the commission read , the commissioners go to the seat prepared for them on the right side of the chair of estate , then the lord chancellour ariseth , conferreth with the commissioners , returns to his place on the wool-sack , and there declareth the cause of the summons ( or commission ) as was done in elizabeth . the warrants of the king for the making of the writs of summons to parliaments have been divers some times , per breve de privato sigillo , but commonly per ipsum regem & concilium . anno . h. . acts of parliament were said to have been enacted with the assent of the lords spirituall and temporall , and the parliament was continued by divers short prorogations , and was by his graces authority dissolved . . h. . in the acts of parliament no mention was made of advice or assent . . & . h. . the like . proxies were in the th year of the reign of king james under the hand and seal of an absent lord upon a lawfull impediment signifying the kings license , in the form ensuing , pro se & nomine suo de & super quibuscunque causis exponend . seu declarand . tractand . tractatibus quae hujusmodi mihi factis seu faciendis concilium nomine suo impendend . statutisque etiam & ordinationibus quae ex maturo & deliberati judicio dominorum tam spiritualium quam temporalium in eodem parliamento congregat . inactitari seu ordinari contigerint nomine suo cousentiendum eisdemque si opus fuerit subscribend . caeteraque omnia & singula quae in praemissis necessaria fuerint seu quo modo libet requisita faciend . & exercend . in tam amplis modo & forma prout ego ipse facere possem aut deberem si praesens personaliter interessem ratum & gratum habens & habiturus quicquid dictus procurator statuerit aut fecerit in praemissis . a proxy cannot be made to a lord that is absent himself . the lord latimer made his proxy , which although the clerk of the house of peers received , it was repealed by the lord chancellour , for that the lord latimers deputy or procurator was absent ; for if he to whom the proxy is made be absent , the proxy is void , neither can it be transferred by the proxy to another , as was adjudged in the case of the lord vaux , jacobi . our kings ( since the force put upon king henry the d by some rebellious barons at a parliament at oxford in anno of his reign ) at the beginning of every parliament by publick proclamation did use to prohibit the coming with arms. not any of the kings serjeants at law were summoned to parliament untill the tenth of edward the third , when robert parning , william scot , and simon trevise servientés regis were summoned by special writs unto parliaments , after which none were summoned untill the th of e. . robert de sodington capitalis baro scaccarii was the first and only baron of the exchequer who was summoned to parliament as one of the kings councell in . e. . the kings attorney generalls ( whose office and impolyment was as ancient as . e. . when william de gisilham enjoyed it , and gilbert de thorneton was in . e. . his attorney generall ) had their first writ of summons in the . . & . henrici . those that succeeded them never wanting the like priviledges . and the kings sollicitors generalls have been in like manner summoned . the writs of summons to the lords are returned and delivered to the clark of their house , those with their indentures for the election of members for the house of commons to the clark of the crown in chancery . the clergy of the convocation in parliament are elected by virtue of the kings writs of summons to the bishops and their precepts but not by any from the sheriffs . the master of the rolls if not elected a member of the house of commons in parliament hath a writ of summons to attend in the house of lords . the masters of chancery as necessarily appertaining to the lord chancellour , or keeper of the great seal of england have neither writ nor patent , yet do there attend . the bill or act of parliament signed for the beheading the earl of strafford much against the will of king charles the martyr was by commission . and divers adjournments , and prorogations in the reign of king charles d have been sometimes by commission and at other times by proclamations . the commons were never elected to come to parliament before the th year of king h. . and his imprisonment , and then and from the st year of the reign of king e. . did but as the lesser lights follow that greater of the sun , and could not possibly be sent for , or caused to be elected without the peers then summoned and convened , for that they were only to consent unto , and do such things as the king by the advice of the lords spirituall and temporall should there ordain , if the lords were not summoned to be there at the same time or sitting . the chamberlain of the kings houshold was summoned to sit in the house of peers in . . & . e. . masters of ships , and some scots have for advice been summoned to attend the house of lords . ever since the making of the statute of . eliz. every knight , citizen , burgess , and port baron elected , or to be elected to be a member of the house of commons in parliament is to take before he be admitted to sit therein , or have any voice as a knight , citizen , or burgess of or in the house of commons an oath upon the evangelists before the lord steward or his deputy , that he doth testify and declare , that the queens majesty , her heirs , and successors , is the only supream governour of this realm , and of all other her highness's dominions , and countries as well in all spirituall and ecclesiasticall things or causes as temporall , and renounce all foreign jurisdiction of any foreign prelate , prince , or potentate whatsoever . and promise that from henceforth he shall bear faith , and true allegeance to the queens highness , her heirs and successors , and to his power shall assist and defend all jurisdictions , privileges , preheminencies , and authorities , granted , or belonging to the queens highness , her heirs , and successors , or united , and annexed to the imperiall crown of this realm . queen elizabeth in the st year of her reign did by the advice of her privy-councell and of the justices of both her benches and other of her learned councell , prorogue and adjourn the parliament from the th of november . to the fourth of february then next following , from which day it was continued till the thursday following post meridiem . wherein divers of the bishops , earls , barons , justices and masters of chancery were receivers and tryers of petitions . the bishops , all but , named each of them proctors , temporall lords sent their proxies . such as were meer attendants in the house of peers were sometimes made joint committees with the lords in severall matters the commons presenting their speaker to the queen , he was admitted with a caution not to use in that house irreverent speeches , or to make unnecessary addresses to her majesty , and the chancellour by command of the queen continuavit praesens parliamentum usque diem sabbati prox . hora nona . when the lords sent to pray a conference with the commons and it is assented unto , one of the judges were allways named to attend the lords committees . in a bill for setling a jointure for the wife of henry nevill esq. wherein all former conveyances were to be cancelled , the lords ordered that the deeds should be sealed up , and brought into their house , to the end that they might be redelivered again uncancelled , in case the queen should resuse to sign the act of parliament ; the house of commons by their speaker desired her majesties assent to such statutes as had been provided by both houses . upon her gracious generall act of pardon les prelats , seigneurs & commons en parlement en nom de toutes voz autres subjects remercient tres humblement vostre majeste . the queens sollicitor generall being elected a member of the house of commons in parliament , they desired the lords that he might come into the house of commons and sit with them , which was assented unto and performed . in the year . and st of her reign , when she had most need of her subjects aid and good will , upon the petition of the commons against some grievances of the purveyors and her court of exchecquer , she answered by their speaker , that she had given orders to her lord steward to redress any complaints of her purveyance , and that she had as much skill and power to rule and govern her own house as any of her subjects whatsoever to rule and govern theirs without the help of their neighbours , and would very shortly cause a collection to be made of all the laws already made touching pourveyance and of all the constitutions of her houshould in that case , and would thereupon by the advice of her judges & learned councell set down such a formall plot ( or method ) before the end of that present session of parliament , as should be as good & better for the ease of her subjects , then what the house had attempted without her privity , & in which they would have bereaved her majesty of the honour , glory and commendation thereof , and that she had in the th year of her reign caused certain orders and constitutions to be drawn for the due course of such things in her court of exchequer as her subjects seem to be grieved at ; and so after a generall pardon and some bills passed , the lord chancellour by her majesties command dissolved the parliament . anno th . the lord keeper by her majesties command declared the necessity of publick aides , how little the late subsides amounted unto by reason of the ill gathering ; desired the time might not be mispent in long orations , speeches and verbosities which some men took delight in , receivers and tryers of petitions were named and some proxies delivered . their speaker sr edward coke in his speech remembred the queen of her speech to the last parliament , that many came thither ad consulendum qui nesciunt quid sit consulendum and prayed that she would give her assent to such bills as should be agreed upon ; the lord keeper in his reply alleadged that to make more laws might seem superfluous , and to him that might ask quae causa ut crescunt tot magna volumnia legum ? it may be answered in promptu causa est crescit in orbe malum . and after upon further instructions received from her majesty declared that liberty of speech was granted , but how far was to be thought on ; there be two things of most necessity wit and speech , the one exercised in invention , the other in speaking , priviledge of speech is granted but you must know what priviledge you have , not to speak every one what he listeth , or what cometh in his heart to utter , but your priviledge is to say yea or no ; wherefore mr speaker her majesties pleasure is that if you perceive any idle heads , which will not stick to hazzard their own estates , which will meddle with reforming of the church and transforming of the common-wealth , and do exhibit any bills to such purpose , that you receive them not untill they be viewed and considered of , by those who it is fitter should consider of such things , and can better judge of them . the daily continuing or adjorning of the parliament was dominus custos magni sigilli continuavit praesens parliamentum . after a bill for setling the lands and estate of sr francis englefeild attainted of high treason in parliament had been ordered by the house of commons to be ingrossed , the lords did hear councell on the part of englefeilds heirs , and afterwards passed it . in the case of repealing of certain uses in a deed concerning the estate of sr anthony cook of rumford in the county of essex after the bill had been times read in the house of lords and assented unto , a proviso was added of saving the queens right with a note entred that it should not hereafter be used as a praecedent . acts or bills of generall pardon do passe both houses with once reading . the lord-keeper by her directions signified to the speaker of the house of commons , that in some things they had spent more time then needed , but she perceived some men did it more for their satisfaction , then the necessity of the thing deserved . misliked that such irreverence was shewed towards her privy councellors ( who were not to be accompted as common knights and burgesses of the house , that are councellors , but during the parliament ) whereas the others are standing councellors , and for their wisdom and great service are called to the councell of state. had heard that some men in the case of great necessity and aid , had seemed to regard their country and made their necessities more then they were , forgetting the urgent necessity of the time , and dangers that were now eminent , she would not have the people feared with reports , charged them that the trained bands should be ready and well supplied , thanked them for their subsidies , and assured them that if the coffers of her treasure were not empty , and the revenues of the crown and other princely ornaments could supply her wants and the charge of the realm , she would not in the words of a prince have now charged them , or accepted what they gave . after which the queen sitting in her chair of state , amongst other things speaking of the injustice of the king of spains wars and the justice of her own said , i heard say that when he attempted his last invasion , some upon the sea coast forsook their towns , flew up higher into the country , and left all naked and exposed to his entrance , but i swear unto you by god , if i knew those persons , or any that shall do so hereafter , i will make them know and feel what it is to be so fearfull in so urgent a cause . declared unto them that the subsidy which they gave her was not so much but that it is needfull for a prince to have so much allways lying in her coffers for your defence in time of need , and not to be driven to get it , when we should use it . upon which the clerk of the parliament having read the queens acceptance and thanks for the subsidies given , did upon the reading of the pardon pronounce the thanks of the house in these words , les prelates seigneurs & communes en ce parlement assembles au nom de toutz vous autres subjects remerc erent tres humblement vostre majesty & prient a dieu que il vous donne en sante bonne vie & longue . the assent of the sovereign is never given to a bill of subsidy because it is the guift of the subject , nor to an act of generall pardon , for that is the kings free guift , after which ended , followed the dissolution of the parliament in these words , dominus custos magni sigilli ex mandato dominae reginae tunc praesentis dissolvit praesens parliamentum . the names of the knights , citizens and burgesses are at the beginning of the parliament delivered to the clerk of the crown ( who always attends in the house of lords ) and entred into his book . after the lord keepers speech ended her majesty calling him unto her commanded him to give the lower house authority to choose their speaker and present him the thursday following , unto which day he adjourned the parliament . at which day sr edward coke knight being chosen and admitted speaker , the queen allowed his petitions for access unto her majesty , privileges and liberty of speech , with a caution that they should not speak irreverently either of the church or state , and then the lord keeper by the queens command adjourned the parliament untill the saturday following . when the house of commons being again assembled mr peter wentworth and sir henry bromley delivered a petition to the lord keeper , therein desiring the lords of the upper house to be supplicants with them of the lower unto her majesty for the entailing of the succession to the crown , whereof a bill was ready prepared . with which her majesty being highly displeased charged the councell to call the parties before them , whereupon sr thomas heneage sent presently for them , commanded them to forbear going to the parliament and not to go out of their severall lodgings , and the day after they were called before the lord treasurer burleigh , the lord buckhurst and sr thomas heneage , who informing them how highly her majesty was offended , told them they must needs commit them , mr wentworth was sent prisoner to the tower , sir henry bromley and one mr stevens ( to whom he had imparted it ) and mr welch the other knight of the shire for worcestershire to the fleet. a bill being offered by mr morris attorney of the court of wards against the usage of ecclesiasticall discipline by the prelates , with an intent that the house might be suitors to her majesty to allow it , he was sent for to the court and committed to the keeping of sir john fortescue a parliament man ; and she sent for the speaker and by him sent a message to the house of commons , which he did not omit to deliver in her very words , that it was in her and her power to call parliaments , it was in her power to end and determine the same , and it was in her power to assent or dissent to any thing done in parliament . and her majesties pleasure being by the lord keeper delivered unto them , that it was not meant that they should meddle with matters of state , or causes ecclesiasticall , she wondred that any should be of so high a commandment to attempt a thing contrary to that which she had so expressly forbidden , and therefore with this she was highly displeased , and charged the speaker upon his allegeance that if any such bill be exhibited not to receive it , an act was sent up by the commons to the lords who amended somewhat therein but what they amend cannot be altered by the commons , but the lords will give their reasons for such their amendment . the commons complaining of a breach of privilege that the lord keeper did in the behalf of the lords give answers unto their messages , and did not come down unto hose that were sent to the bar , after a great debate and much advice and consultation , it was resolved that the lord keeper or lord chancellour ought to sit in his place covered , when he gave them answers , and that if it had been lately otherwise done , it was by error and mistake , but ought not ; which then lordships by mr attorney generall and serjeant harris signifying to the lower house , desired them to send some of their house to receive their lordships answer , whereunto they seemed to assent and returned some of their knights and burgesses with those that be●ore demanded satisfaction to receive their answer , which being declared unto them , they by the mouth of sr william knolles ( one o● 〈◊〉 house of commons ) protested that they had no commission to receive an answer in that form , after which upon a conference betwixt both houses upon great debate and arguments , it was resolved , that the order and custome of the house of lords was , that when any bills or messages were sent to them , the lord keeper and some of the lords were to ●rise from their places and from thence to go unto the barr and receive the said bills or messages ; but contrarywise when any answer is to be delivered by the lord keeper in the name and behalf of the lords , the commons sent were to stand at the barr and the lord keeper is to receive the bills or answer the messages with his head covered , and all the lords were to keep their places with which the lower house was satisfied , and the same order hath been ever since observed accordingly . anno . eliz. there being in former times a custom in the house of commons , to have a bill read before the house did arise , the same could not now be done at that time because her majesty and the upper house had adjourned the parliament untill saturday sennight at eight of the clock in the morning , which being signified by their speaker he said all the members of the house might depart , and so they did . eodem anno. at the ending of the parliament after they had given the queen subsidies and prayed her assent to such laws as had passed both houses , she gave the royall assent to publick acts , and private , but refused bills , which had passed both the houses . anno . eliz. john crook esq. recorder of london being chosen speaker of the house of commons in parliament disabling himself desired the queen to command the house of commons to choose another , but his excuse received no allowance . the lord chief justice of the queens bench and common pleas together with the lord chief baron and attorney generall were ordered to attend a committee of lords and bishops . sr john popham lord chief justice , francis gaudy one of the justices of the kings bench , george kingsmill one of the common pleas , dr carew and dr stanhop were constituted receivers of petitions for gascoigne and other lands beyond the seas . sr edmond anderson lord chief justice of the court of common pleas , sr william peryam lord chief baron , thomas walmisley one of the justices of the common pleas , dr swale and dr hone. tryers of petitions of england , the archbishop of canterbury , marquis of winchester , earls of sussex , lord marshall , lord admirall , and steward of the queens houshold , earls of nottingham , and hertford , bishops of london , durham , and winchester , lords zouch and cobham calling unto them the lord keeper , lord treasurer , and the queens serjeants at law. great fault was found by many of the house of the factouring and bribing of too many of the justices of the peace , and it was by one of the members alleadged , that the five bills ●arely passed against swearing , drunkenness , and for the making of good ale , would be as much worth to those kind of justices of the peace as a subsidy and two fifteens . mr conisby gentleman usher of the house of peers complained that forasmuch upon the breach of any priviledge of that house he only was to be employed , and not the serjeant at arms , the house ordered a committee to consider of presidents and settle it , a motion was made by the lord keeper and approved of by the lords , that the ancient course of the house might be kept by certifying the excuses for the absence of any of the peers by the peers and not by others . the house being offended with sr walter rawleigh for some words , and crying to the barr , mr brown a lawyer stood up and said , mr speaker par in parem non habet imperium we are as members of one body and we cannot judge one another , whereupon it being put to the question , it was resolved in the negative that he should not stand at the barr. the speaker of the house of commons at the ending of the parliament of . eliz. humbly desired of the queen , that certain acts may be made laws by her royall assent , which giveth life unto them . unto which the lord keeper answered , that as touching her majesties pioceeding in the making of laws and giving her royall assent , that should be as god directed her sacred spirit , and delivered her majesties commandement , that as to the commons proceedings in the matter of her prerogative she is persuaded that subjects did never more dutifully observe , and that she understood they did but obiter touch her prerogative , and no otherwise but by humble petition , but she well perceived that private respects are privately masked under publique pretences . admonished the justices of the peace ( some whereof might probably be of the house of commons ) that they should not deserve the epithetes of prowling justices , justices of quarrells , who counted champerty good conscience , sinning justices who did suck and consume the good of this commonwealth , and likewise all those who did lye , if not all the year , yet at the least three quarters of the year in the city of london . anno . eliz. one mr leigh of the house of commons complained , that whilst the speaker of the house of commons was presented to the queen , he was denyed entrance into the house of peers , which the lords excused by saying it was the ignorance of some of the grooms or attendance , in the choosing of a speaker , mr knolls the comptroller alleaged that it was not for the state of the queen to permit a confused multitude to speak unto her , when it might often happen that one or some might move , or speak that which another , or some or many would contradict or not allow . the queen being sate in her state in the house of lords , the house of commons were sent for to present their speaker , who in a modest pretence of disability prayed her majesty to command the house of commons to choose one more able but had it not allowed . and she in her grant of freedom of speech gave a caution not to do it in vain matters , verbosities , contentions or contradictions , nor to make addresses unto her ; but only in matters of consequence , and prohibited their retaining or priviledging desperate debtors upon pain of her displeasure , and desired a law might be made to that purpose . which done the lord keeper said , for great and weighty causes her highness's pleasure was that the parliament should be adjourned untill the fryday following . at which time the house of commons did appoint a minister every morning before the house sate to officiate and use a set form of prayer specially ordained , to desire gods blessing upon their councells and preserve the queen their sovereign . the ancient usage of not coming into the house of commons with spurs , was moved by the speaker to be observed , others moved that they might not come with boots and rapiers . but nothing was done therein . sr robert wroth a member of the house of commons did in his own particular offer l. per annum to the wars . sr andrew noel sheriff of rutlandshire having returned himself to be a knight of the shire for that county , it was adjudged by the house of commons to be void , because it was against the tenor and exception of the writ , and that he ought to be fined . in the debate whither the speaker should send his warrant to the clerk of the crown for the election of a burgess , it was answered by one of that house and not contradicted , that ( since . eliz. ) he did ex officio send his warrant to the clerk of the crown , who is to certifie the lord keeper and so make the warrant . sr francis hastings a member going down the stairs , a page offering to thrust him was brought to the barr and committed , but was the next day upon the motion of sr francis , and his submission upon his knees released , some of the house moved to send him to a barbers to have his hair cut , because it was too long , but others disswaded it , as a matter not becoming the gravity of the house . sr walter rawleigh declared that the queen had sold her jewels , the money lent her by her subjects was yet unpaid , she had sold much of her lands , spared money out of her own purse and apparell for her peoples sakes , and for his own part wished , that they would bountifully , according to their estates , contribute to her majesties necessities , as they now stand . mr townsend one of the members declared in the house of commons , that they were summoned and called as a grand jury of the land , though not upon their oaths , yet upon their conscience , and was not contradicted . sr edward hobby said it was always the custom of the house of commons to have their warrant for the election of a new member directed by their speaker to the clark of the crown . but sr francis hastings said that the lord keeper had in private informed him , that he had rather have it made to himself , then to any inferior minister . sr edward hobby said that the parliament being the highest court was to command all other courts a bill being brought in for explanation of the common law concerning the queens letters-patents , and certain monopolies , mr spicer a burgess of warwick said , that bill might touch the prerogative royall , which was , as he had learned , so transcendant , as the eye of the subject may not aspire thereunto , and therefore be it far from him that the state and prerogative royall of the prince should be tyed by him or the act of any other subject . mr francis bacon said for the prerogative royall of the prince , for his part he ever allowed it , and is such as he hoped should never be discussed , the queen is our sovereign , hath both a restraning and enlarging liberty of her prerogative , that is , hath power by her patents to set at liberty things restrained by statute law , by non obstante's of penall laws or otherwise , and by her prerogative to restrain things that are at liberty as by her letters-patents for new inventions , license for transportation , &c. but mr speaker pointing to the bill said , this is no stranger in this place , but a stranger in this vestment , the use hath been ever by petition to humble our selves to her majesty , and by petition to desire to have the grievances redressed , especially when the remedy toucheth her in right or prerogative ; if her majesty make a patent or a monopoly to any of her servants , that we must cry out against , but if she grants it to a namber of burgesses or a corporation , that must stand , and that forsooth is no monopoly , i say and i say again that we ought not to deal or meddle with or judge of her majesties prerogative i wish every man therefore to be carefull of this point . mr lawrence hyde said , i do owe a duty to god and loyalty to my prince , i made it ( the bill ) and i think i understand it , far be it from this heart of mine to write anything in prejudice or derogation of her majesties prerogative royall and the state. mr serjeant harris moved that the queen might be petitioned by the house in all humility . mr francis moor , afterwatds serjeant moor said he did know the queens prerogative was a thing curious to be dealt with . sr george moor said , we know the power of her majesty cannot be restrained by any act , why therefore should we thus talk ? admit we should make the statute with a non obstante , yet the queen may grant a patent with a non obstante to cross it . mr spicer said , he was no apostate , but should stick to his former faith , which was , that it should be by way of petition , and that a course by bill would neither be gratum nor tutum . mr davies said , god had given power to absolute princes , which he attributeth to himself dixi quod dii estis , and as he attributes unto them , he hath given unto them majesty , justice , and mercy ; majesty in respect of the honour that a subject oweth unto his prince , justice in respect he can do no wrong , and therefore the law is in first h. . the king cannot commit a disseisin : mercy , in respect he giveth leave to his subjects to right themselves by law. mr secretary cecill said , i am a servant to the queen , and before i would speak or give any consent to a case that should debase her sovereignty or abridge it , i would wish my tongue cut out of my head , i am sure there were law-makers before there were laws , if you stand upon law and dispute her majesties prerogative hear what bracton saith , praerogatium nemo audeat disputare ; for my own part i like not such courses should be taken , and you mr speaker should perform the charge which her majesty gave unto you at the beginning of this parliament not to receive bills of this nature , for her majesties ears be open to all our grievances , and her hands stretched out to every mans petition . all which worthy and dutyfull expressions of duty and loyalty to their sovereign were made by mr spicer , mr francis bacon , sr robert cecill , sr george moor , serjeant francis moore , sr walter rawleigh and others , without any neglect of the good of the publick , or the office of members of the house of commons elected only upon their princes writs and warrants ad faciendum & consentiendum to those things , which should be by their soveregn ordained by the advice of the lords spirituall and temporall in parliament assembled , without any question or contradiction made thereupon , or calling them to the bar , imprisoning them in the tower of london , excluding them the house , or making them ask pardon upon their knees , with other exorbitances which some of their successors have too often usurped to ask pardon of their fellow members who did not at all represent those that elected them who were not wont to call everything that suited not with their fancies to be an error against the sence or tyde of the house , or to be sent to the prison of the tower of london , none of their prison , or under their command or authority , without their soveraigns privity or order , being far without the bounds or reach of their commission or purpose of it , and an incroachment upon the regall power , was in the house of commons in parliament used until the late distemper thereof , or for their late speaker mr williams when sr robert peyton one of their members was for some matter which they would create to be criminall , brought upon his knees , and adjudged to be expelled the house and to receive his sentence from their speaker , in no smoother an expression or language then , go thou cursed thou worst of men , the house of commons hath spewed thee out , when they and others may know that the house of peers do never use by themselves to exclude any of their members without the order and concurrence of their sovereign , and in case of treason . upon the great debate of monopolies , as they called them , granted by the queen , a list being brought into the house , she having notice thereof sent for the speaker and declared unto him , that for any patents granted by her , whereby any of her subjects might be grieved or oppressed , she would take present order for reformation thereof , her kingly prerogative was tender , and therefore desired them not to speak or doubt of her carefull reformation , but that some should presently be repealed , others suspended , and none put in execution , but such as by a tryall at law should appear to be for the good of the people , which he reporting to the house to his unspeakable joy ( as he said , ) and comfort , but thereupon secretary cecill said that there was no reason all should be revoked , for the queen meant not to be swept out of her prerogative . and therefore gave them a caution for the future , to believe that what soever is subject to a publick exposition cannot be good , and said that parliamentary matters were ordinarily talked of in the streets , that the time was never more apt to disorder , or make ill interpretations of good meanings , and thought those persons would be glad that all sovereignty were turned into popularity , we being here but the popular bouch , and our liberty , but the liberty of the subject ; if any man in the house speak wisely we do him great wrong to interrupt him , if foolishly , let us hear him out ; we shall have the more cause to tax him , and i do heartily pray that no member of this house may plus verbis offendere quam concilio inuare . mr francis moore moved that the speaker in the name of the house might give thanks to her majesty for setting at liberty her subjects from the thraldom of those monopolies , and crave pardon for any extravagancy of words in that house . mr wingfield wept and said his heart was not able to conceive , or his tongue express the joy that he had in that message , but his opinion and mr francis moore and mr francis bacon's were against the making of the apology , for that would be to accuse themselves of a fault , when they had committed none , and being put to the vote , it was by the whole house agreed , that the speaker should return the queen their humble thanks . mr donald wished that her gracious message might be recorded in their books ; others that it might be in letters of gold , others in their hearts . mr secretary cecill said , there is not any soul living deserves thanks in this cause , but our sovereign . mr francis bacon said , he had served as a member in parliaments and never knew but two committed to the tower , the one was mr arthur hall for saying , that the lower house was a new person in the trinity , and the other was parry for making a seditious speech in the house . when the thanks were given by the speaker , she said she was the person that still ( yet under god ) had delivered them , and trusted that by his almighty power she should be the instrument to protect them . declared to the speaker of the house of commons that she rejoyced not so much to be a queen as a queen over so thankfull a people . sir george belgrave was complained 〈◊〉 for procuring himself to be elected burgess of leicester by appearing in a blew coat with the earl of huntingtons cognisance , for which the queens attorney sr edward coke exhibited in the earl of huntingtons name an information at the queens suite in the star-chamber . mr bacon said there never were but articuli super chartas , the one when the sword was in the commons hands , the other articuli cleri , when the clergy of the land bore sway . some bill being brought in concerning monopolies which had been formerly by the queen redressed , sr edward hobby said , if we will be dealing herein , by petition will be our only course , this is a matter of prerogative , and this no place to dispute it . upon the bill concerning the transport of iron ordnance , mr cary said we take it for an use in the house , that when any great and weighty matter or bill is here handled , we straightway say , it toucheth the prerogative , and that must not be medled withall , and by that we come here to do our country good , bereave them of that good help we might administer unto them . to which mr speaker replyed qui vadit plane vadit●sane , let us lay down our griefs in the preamble of the bill , and make it by way of petition . mr francis hastings said , how swiftly and sweetly her majesty apprehended our griefs i think there is no subject but knoweth ; for us then to deal in a matter so highly touching her prerogative , we shall not only give her majesty just cause of offence , but to deny our proceeding by bill . sr george moor disliked the proceeding by bill . mr laurence hyde said that he saw no reason , but we may proceed by bill , and not touch her prerogative , her majesty is not more carefull and watchfull of her prerogative then h. . & e. . were , and then there was no doubt or mention made of prerogative . mr comptroller said , in duty we should proceed to speak unto the queen by wny of petition , and not by way of bill or contestation , we must note that her self and her prerogative will not be forced , and i do not hold this course by bill to fiand either with respect or duty . in the debate concerning the earl of huntingtons bill in the star-chamber ( sitting the parliament ) against sr george belgrave for indirectly making himself a burgess in parliament , some of the house moving for a conference with the lords about it , mr dale said , id possumus quod dejure possumus , and that the safest way would be a conference . mr tate said , it will not be good to pry too near into her majesties prerogative by examining informations exhibited in the star-chamber . mr cary said , that the custom of the house of commons was , when they wanted any record , to send their warrant to the lord keeper to grant a certiorari to have the record brought into the house in ferrers case in the reign of king henry the th , who being a member of the house of commons and imprisoned , the house of commons made an address to the king for his release , when they could not do it by their own power . mr speaker said , i am to deliver unto you her majesties commandement that for the better and more speedy dispatch of causes we should sit in the afternoon , and that about this day sennight her majesties pleasure is this parliament shall be ended . at a conference with the lords their lordships told the commons they would not have their judgment prejudicated , and in that conference of the house of commons stiled themselves the lower house . there was saith justice hussey a whole alphabet of paenall laws in the time of king henry the th . mr mountague said , the praerogative royall is now in question , which the law hath over allowed and maintained . serjeant heale speaking somewhat that displeased the generality of the house , they all made an humming , and when he began to speak again , they did the like ; whereupon the speaker stood up and said , it is a great disorder that this should be used , for it is the antient use of this house for every man to be silent when any one speaketh , and he that is speaking should be suffered to deliver his mind without interruption . sr edward hobby upon the debate of a bill brought in for the peoples more diligent repair to church whether the church-wardens were the more proper to certifie the defalters , said that when her majestie did give us leave to chuse our speaker , she gave us leave to chuse one out of our own number . mr onslow the clark of the house of commons in parliament being sick , the house gave his man leave to officiate for him , every members contributing d . apeice for his support . in the case of belgrave depending in the court of star-chamber , upon an information brought by sir edward coke her majesties then artorney general , prosecuted by the earl of huntington for wearing his livery to make himself a member of the house of commons in parliament , after several motions , debates , and disputes in the house of commons , a conference was concluded to be had with the lords thereupon , the rather for that it had been said that the lords in parliament were reported to have directed the said bill to be exhibited in the star-chamber , one of their house being concerned therein , and a day appointed by the lords accordingly , which failing and revived again by a motion of one of the members of the house of commons in their own house , and the matters limitted , whereupon it should consist , first touching the offence committed by mr. belgrave , whether it was an infringement of the liberty of the house of commons , and for the first , that the commons would do nothing therein until a conference with them , for the d . to know the reasons of their lordships appointment of the information , and to bring it to some end . mr. speaker at another day certifying a message from the lords concerning some other matters , sir edward hobby said , we attended the lords that morning which was appointed touching the information against mr. belgrave , who in the end concluded that forasmuch as it concerneth them as the house of commons priviledges , they desired some time to consult , and they would send us word of their resolutions , and some days after a copy of the information against belgrave was sent to the house of peers unto them under the hand of the clerk of the star chamber by them , and sir edward hobby with some bills , but nothing appeareth to have been done touching the said information against belgrave . in the mean time a servant of mr. huddleston a knight of the shire for cumberland being arrested in london upon a writ of execution , the plaintiff and serjeants denying to release him , because it was after judgment , they were upon complaint to the house committed to prison , the serjeant released , paying the serjeant at arms fees , and the plaintiff paying them as well as his own , was ordered to remain three days in the serjeants custody . for a like judgment was cited to have been given by the house of commons in the case of the baron of wilton in that parliament . upon thursday december the th sir edward hobby shewed that the parliament was now in the wain and near ending , and an order was taken touching the information delivered to this house ( viz. the house of commons ) in mr. belgraves case but nothing done therein , and as it seemeth by not taking out the process no prosecution of the cause is intended against the said mr. belgrave , he thought it fit , because the chief scope of the said information seemeth to be touching a dishonour offered to this house , that it would please the house that it might be put to the question , ( being the original and first horrid fashion of their afterward altogether course or manner of voting , and making their own pretended liberties ) whether he hath offended this house yea or no ? if he hath , he desireth to be censured by you , and if he hath not , it will be a good motive to this honourable house here present , who are judges in this court ; ( and yet he might have remembred what long and learned debates and disputes there had lately been amongst themselves , whether the custom of that house was or had been in cases of grievance to proceed by bill , or petition to the queen , and it was resolved that it was the most proper and dutiful way to proceed by petition , which was done accordingly ) in clearing the gentleman of that offence when it came before them , which had then no higher esteem in sir edward hobbyes opinion , than to be previous to an after disquisition which that law and the queens writ , and the election of that part of the people that brought them thither , neither did or could give them any greater authority than ad faciendum & consentiendum to do and perform that which the king and lords in parliament should ordain to be done and performed , and when all should be rightly considered was an offence ) too often by more than one or once since practised , to procure a membership indirectly in an house of commons in parliament ( committed by mr. belgrave that should as little have been countenanced as there was any just or legal warrant for it , wherein mr. comptroller said , i know the gentleman to be an honest gentleman , and a great servant to his prince and countrey , i think it very fit to clear him , i wish it may be put to the question , i will be ready to vouch your sentence for his offence when it comes there , but if any other matter appears upon opening the cause , with that we have nothing to do . mr. secretary cecil who had not long before said in the same house , he was sorry to see such disorder , and little do you know how for disorder this parliament is taxed , i am sorry i said not slandered , i hoped that as this parliament began gravely and with judgment , we should have ended modestly , and at least with discretion , i protest i have a libel in my pocket against the proceedings of this parliament , could when he came to speak of mr. belgraves aforesaid offence say , he had heard it spoken of diversly , but for his own part he was more apt to move against mr. dyet a member of that house that drew the information in the court of star-chamber against mr. belgrave , that he should be well punished for seeking to diminish the praerogative of the court ( a power or word never before believed to be proper or applicable to the house of commons in parliament ) by praying aid of the court of star-chamber for an offence done to us this court sitting , ( which complexedly with the house of peers in parliament hath been , and ought to be stiled a court , but not separately as to its own constitution or practice ; ) and desired that mr. belgrave may be cleared here , which will be a good inducement not to censure him heavily there , mr. ravenscroft said , we ought not proceed against a fellow member until he be called ; it is not apparent to us that he made the information , it is under mr. attorneys hand , and therefore ought to be intended his , for now it is upon record under his hand , against which we can receive no averment , by speech of others , but by the gentleman 's own words , viva voce . and so there was no more said of that matter . but it was put to the question whether he should be cleared of the offence to the house yea or no , and all cryed i , i , i , only young mr. francis grantham , who gave a great no , at which the house laught , and he blusht . some of the members of the house of commons observed and found fault , that when the members were voting , the contradicting party went out of the house leaving the affirming party in the house , they that remained did it more to continue and abide in their places , than for any affection they had to the vote of the other , and there might be also a great mistake in the temputation of the whole number of the members , when some never came at all , or tarried but a little , while many others were strugling in or out about their own domestick or particular affairs . upon friday december the th . anno. dom. . as the speaker was going to the house in the morning , the queens general pardon was delivered unto him , which he took and delivered into the house , which they sent back again , because it was not brought according to course ( an haughtiness not usual or comely for those that were to receive such vast benefits by it . ) the collection for the clerk of the houses servant supplying his masters place at d. each member , amounted unto l. which was after the number of members . afterwards mr. attorney general assisted by dr. cary on the right hand , and dr. stanhop on the left , brought to the house her majesties free and general pardon , and delivered also to the house their subsidy-bill , for the grant of four entire subsidies , eight fifteenths and tenths , the subsidy of the clergy , was sent in a roll according to the usual acts , whereunto sir edward hobby took exceptions because it was not sent in a long skin of parchment under the queens hand and seal , so it was sent back again , and then the other was sent . the lord keeper upon the speakers speech at the ending of the parliament said , that laws were to have the queens royal assent , as god should direct her sacred spirit , that she saith touching their proceeding in the matter of her praerogative , that she is persuaded that subjects did never more dutifully , and that she understood they did obiter touch her praerogative , and not otherwise , but by humble petitions , and therefore that thanks that a princess may give to her subjects she willingly yieldeth ; but now she well perceiveth that private respects are privately masked under publick pretences ; as for the grant of the subsidies , and the manner of giving the subsidies , it was not persuasive or by persuasive inducements , it was speedy , freely , and of duty , with great contentment , that no prince was ever more unwilling to exact or receive any thing from the subject , then she our most gracious soveraign , for we all know she never was a greedy grasper , nor strait-handed keeper , and therefore she commanded him to say , that you had done plentifully , dutifully and thankfully ; and added also an admonition to the justices of peace ( many of which probably were members there present ) that they would not deserve the epethites of prowling justices , justices of quarrels , who counted champerty good conscience , justices who did suck and consume the wealth and good of the commonwealth , and also to those who do lye if not all the year , yet at least three quarters of the year at london , and after some bills or acts of parliament signed with la royne se voult , or come il est desire , and some others with la royne savisera dissolved that parliament in anno . which may be justly accompanied with the observations and annotations of that eminent and learned lawyer mr. william noy attorney general of that pious prince and martyr king charles the first , who was by death arrested and called out of this world before his royal masters persecution , and ever to be detested murder , and in all probability if he had then been living , would have done more towards the rescue of his royal person and government , than all these silent lawyers that crouched under the burdens of the rebellious miscalled common-wealth , and their man of sin oliver cromwell , that afterwards cheated them of their prey . in former times , especially since the admittance of commons elected to sit in our great councils in parliament , all the acts of parliament were framed and drawn up upon the petitions of the parliament , and the kings answers thereunto by the judges , and the kings learned council at law compendiously , and very often after the ending of the parliament , or some good part of time afterwards , and if any thing were oversliped by the commons , a clause was added to help the same . but on the other side , after the petitions and answers were read , and the royal assent given , additions contrary to the meaning of the commons have been added , and sometimes somewhat omitted . all bills commonly called petitions , were most usually exhibited by the commons , it being their part petere leges , as best knowing what was amiss . at the making of the statute of merton in anno . h. . concerning trespasses in parks and ponds , the answer was , it is not yet discussed , for the lords demanded the imprisonment of the offenders therein , and the king denyed it , wherefore it was deferred . some petitions were formerly indorsed coram rege , against which the commons petitioned in e. . n. . for that nothing was done upon their petitions , and therefore prayed that theirs might be answered before the parliament ended . some bills have been exhibited in their names , which they agreed not unto , as in anno . e. . . concerning exceptions of villenage , where the commons in their petition afterwards alledged it to be expresly against the laws and customs of the land , and therefore prayed the king and his good council , to prevent the mischiefs , which might happen by that petition , and maintain the good laws and customs of the land in his time , and the times of his ancestors , by the sages of the law used , and without having regard to the petitions of any singular persons to the overthrow and open undoing of the law of the land. the commons prayed that the petitions , which were delivered by them in the last parliament , and by our lord the king , prelates and grandees of the land answered and granted , be held , and the answers before granted , not changed by any bill delivered in this parliament , in the name of the commons , or of any other , for the commons do not avow any such bill . unto which was answered another time , the king by the advice of the prelates and grandees caused to be answered the petitions of the commons touching the laws of the land , that the laws had and used in times past , nor the process used hereafter , cannot be changed without making thereon a new statute , the which thing to do the king would not then , nor yet can intend for divers reasons , but as soon as he can intend it , he will take the grandees and sages of his council about him , and ordain upon such articles and others touching the amendment of the law by their advice and council , so as reason and equity shall be done to all his leiges and subjects . anno . e. . item priontles commons , that for no bill , especially of singular persons , no statute heretofore ordained be changed , nor other process made upon the execution of the statutes , which hath not been used in times past . about which time , or not long before , the commons did use to present their bills ( or petitions ) to the re ceivers of petitions appointed by the king by one select messenger ( no constant speaker it seems being then made use of , or mace or ensigns of honour carried before him , by one of the kings serjeants at arms , granted or allowed by the king , of which honourable circumstances mr. pryn acknowledgeth he could find no original ) accompanied with divers other of the house , which probably , saith mr. noy , might produce such or the like inconveniencies . a subsidy was granted upon condition that their petitions and grievances might be received the next day in parliament , and hasty remedies ordained , which being promised , the commons were ordered to deliver their petitions to the clerk of the parliament ( then intended and understood to be of the house of peers ) which was done accordingly . anno . e. . the commons advised four days on the kings charge for their advice to be given touching the french war , wherein at last they desired to be excused . anno . e. . granted an aid upon condition that their petitions of the last parliament , and of this , might be dispatched in the presence of four or six of the commons , and afterwards delivered their petitions to the clerk of the parliament . anno . e. . the cause of summons being declared on the wednesday for a speedy aid , the commons were commanded to give their answer upon the friday following , and in the mean time to make ready their bills and petitions , on which day after a short parlance with the lords , they granted the subsidy , and exhibited their petitions before the king. anno . e. . were charged to make ready their petitions , and to deliver them upon the wednesday following . anno . e. . being commanded to deliver their petitions prayed day until the saturday following , and then presented the same . anno . e. . the king requiring a speedy aid , commanded , untill it should be agreed , that all business in the parliament should in the mean time be suspended . petitions of the commons were not alwaies delivered in parliament to the receivers of petitions , but sometimes delivered publickly to the lords themselves , sitting in their upper house , unless sometimes when the lords had finished the charge given them by the king , and had no occasion to sit dailiy in their house , then they were delivered to the clerk of the parliament . petitions also were sometimes in parliament directed to be delivered to the lord chancellor , who might of himself give them such remedies , as the ordinary course of the chancery would . the king usually gave the answers unto bills exhibited by the commons with le royle veult , or le roy's advisera , to ordinary petitions in the granting or denying . the petition of the commons in e. . was answered by our lord the king , the prelates and the grandees of the land , in e. . some by the lords alone . and in the d r. . n. . some answered by the assent of the commons , as . e. . to the article anno . e. . n. . some refered to the kings great councel , as e. . n. . e. . n. . others answered by the kings councel alone , as anno e. . n. . e. . n. . & e. . n. . some referred to the king himself , as e. . n. . . e. . n. . e. . n. . r. . n. . h. . n. . the judges and the kings learned councel in the law , and the lords of the kings privy councel were antiently the standing committees for to consider and examine bills or petitions , but the judges and the kings learned councel at law do now only attend the lords in their committees . all bills and petitions in parliament were formerly directed to the king and his councel . anno . e. . the petitions of the commons were brought before the grandees of the councel . anno. . e. . the commons pray that their petitions may be answered , the which our lord the king made to be read and answered by the prelates , grandees , and others of his councel . the chancellor telleth the commons that the king would ordain certain lords and others after easter , who should sit upon the points of their petitions not answered at that time . the judges are summoned to parliament ad tractandum cum concilio , for so it was explained anno . e. . the praeamble of the statute de bigamies mentioneth the presence of certain reverend fathers bishops of england and others of the kings councel . anno . e. . the parliament was adjourned before receivers and triers of petitions were appointed . although a time was before limited for the delivery of petitions , and the commons were charged touching the maintenance of peace , &c. petitions were sometimes answered by a select number of the kings councel , and at other times all as the king pleased . some petitions were formerly indorsed coram rege , against which the commons petitioned in e. . n. . for that nothing was done upon their petitions , and therefore prayed that they might be answered before the parliament ended . it appeareth by divers answers to petitions in parliament , that the kings councel unto whom they were committed did but report , what they thought fit to be done for answer , prout anno . e. . n. . where it is said , our lord the king caused the same answers to be given to the said petitions , the which together with the petitions were reported in full parliament . eodem anno it was answered , our lord the king commanded answers to be made , the which put into writing were reported before our lord the king , and the prelates , and other grandees . anno . e. . it seemeth to the councel that it be done . anno . e. . divers petitions of the commons being exhibited , a memorandum was entred , viz. unto which petitions it was answered by the king and the grandees , as to the second article , soit cestipetition granted . to the third article il plaist au roy , &c. to the eight article il plaist au roy & au son conseil quae se soit . to the eleventh il plaist au roy , &c. to the th article soient les statutes sur ceo faites tenus , &c. anno eodem the answer was , it is assented by our lord the king , the earls , barons , justices , and other sages of the law , that the things above written be done in convenable manner according to the prayer of the commons in a long petition of theirs against provisions from rome , whereunto the bishops durst not assent . eodem anno the commons exhibited their petitions , which were answered drawn into a statute sealed and delivered unto them sedentibus before the parliament ended , in the same parliament also the parliament exhibited their petitions , which were answered , sealed and delivered unto them sitting the parliament , which was not usual , for the statutes were most commonly made after the end of the parliament . the answer to one of the clergies petitions in this parliament was accord est pur assent du conceil . unto which may be added those of the th year of the raign of king edward the third , which concerned the pope , to which answers the praelates ( who were of that committee ) not daring to agree , the opinion of the temporal lords and the judges were only reported , viz. it seemeth to the earls , barons and other sages , lay-men of the kings councel , &c. anno . e. . il semble a conseil qu'il faut faire pour grand bien si plaist au roy & as grandes du terre . eodem anno , it seemeth unto the king , the praelates and the grandees , that the custom stand in force , the commons having petitioned that the custom of the cloth made in england might be taken away . anno . e. . it seemeth to the councel that such enquires cease , if it please the king. eodem anno , it seemeth to the councel that the laws heretofore ordained ought to suffice , for that this petition is against the law of the land , as well as against the holy church . it seemeth to the councel that it ought not to be granted ( the petition being that no capias excommunicat . should issue before a scire facias to the party et al. hujusmodi , &c. eodem anno , it was answered , it is not the interest of our lord the king , nor of the grantz . anno . e. . n. . it seemeth to the lords and to the grands that the petition is reasonable , eodem anno , it is answered , let the common law used stand , for the lords will not change it . anno . e. . the petition of the commons touching chaplains wages had two answers , the archbishops and bishops at the motion of the king and grandees have ordained , &c. and therefore the king and the grandees have ordained , &c. those two answers are recited almost ad verbum , the prelates first , and then the temporal lords considered of the answer . anno e. . it was answered , the king and the lords have yet no will to change the common law. eodem anno , the commons do require that every mans petition be answered . anno . r. . apud glocester le roy del assent des praelats , dukes , countz , barons , & de les commons de son royalme ad ordeigne , &c. the commons having petitioned that all manner of merchants might have free traffick here . and the like answer was made to their petition in anno r. n. . & . in . r. . upon a petition of robert de mull and his wife touching the discharge of a fine , the king answered , soyent au roy car ceo nest petition du parlement . in anno . r. . robert mull petitioned the commons stiling them by the title of honourable and sage commons in parliament , praying them to be discharged of a fine to the king imposed upon him , and supplicating them to make relation thereof to the parliament , and alledging that his bill or petition had been put upon the file the last parliament , which doth prove that there was no standing committees then appointed by the commons in parliament . h. . the king by advice of the lords in parliament hath committed this petition to his councel . eodem anno upon a petition of the commons for removing of stanks and milks , generally , it was answered , it seemeth to the king and to the lords , that this petition sounds in disherison of the king and of the lords and others , wherefore let the statutes before made be held and kept . eodem anno , it is assented and accorded by the king and lords , &c. anno . h. . the king by the assent of all the lords granteth , &c. touching the petition for taking of tithe of great wood contrary to the statute of e. . whereupon the judges were of sundry opinions ; it was answered , because the matter of the petitioners demands required great and mature deliberation , the king therefore would that it be adjourned and remitted to the next parliament , and that the clerk of the parliament cause this article to be brought before the king , and the lords at the beginning of the next parliament for declaration thereof to be made . in the d year of the raign of king henry the sixth the king by the assent of the lords spiritual and temporal and the commons , granted the contents of their petition in all points . divers other answers given do prove debates to have been in parliament upon petitions betwixt the lords and the kings councel . and saith mr. noy , that grand and very attorney general to king charle 〈…〉 the martyr , who unhappily died before his royal 〈◊〉 had so much need as he had afterwards of his great abilities , or who ever was the careful examiner of many of the parliament rolls and compiler of that manuscript which is honoured with his name , there can be no question made of those or the like answers that they were conclusive , but only reported unto them to have their opinion first , and then their assent by vote after deliberation , which should necessarily precede their assent , and the answerers were properly the lords in the kings name . and the debate was in the kings presence , for , saith he , i have seen the fragments of the journal tempore h. . which directly sheweth that the king himself was present at the debate of divers bills ( or petitions ) that were exhibited to the commons and the parliament , being kept in the kings house , and near his own lodgings . the commons petition that the sheriffs be allowed in their accounts for liberties , &c. unto which was answered , the lords were not advised to assent unto that which may turn to the decrease of the antient farms of the realm , or damage of the crown , for ever , seeing the king is within his tender age. the commons exhibited two bills against the ryots of cheshire and wales , &c. to which was answered by the assent of all the lords and peers , when all the lords and peers in parliament were charged in the kings behalf , whereupon they have of their own good grace and free will promised to aid according to their power . in the th year of the raign of king edward third , divers answers were made accord , &c. not naming by whom , and some were general , with only , let this petition be granted , yet the statute touching pleas to be held before the marshal doth expound the practice of that age , when it saith , that the king by the assent of the praelates , great men and the commons granted the same . in the act for moderation of the statute concerning provisors , the commons are named , and the lords wholly omitted , and yet in the next parliament , anno . h. . upon a complaint of the commons that the said act was not truly entred , the lords ( upon examination granted by the king upon protestation that it should not be drawn into example , and the king remembring that it was well and truly done as it was agreed upon in parliament , ) did affirm , that it was truly entred , taking no exceptions at the said omission , but said , it was entred au maniere come il fuest parlz & accords par le roy es commons . anno e. . the commons petitioning that children born beyond the seas might be inheritable of lands in england , that statute was not inrolled in the same year ; the archbishop of canterbury demanded of all the praelates and grandees then present , whether the infants of our lord the king , being born beyond the seas , should be inheritable in england , the which praelates and grandees being every one examined by himself , gave their answers , that the kings children are inheritable wheresoever they be born , but as touching the subjects children born out of the kings service they doubted , and charged the judges to consider thereof against the next parliament , the petition was entred in the parliament roll. the commons do pray , that where many parceners use an action auncestrel , and some are summoned , and have served their writs alone without naming the others who have recovered , and in the same manner that it may be done of jointenants . to which the king answered , il sue al conseil qu'il foit faire par le mischeif qu' ad esteentiels cas lieur heirs . and therefore saith mr. noy , let the lawyers puruse those parliament rolls , viz. , , , , , , . e. . wherein no statutes at all were made . annis and e. . statutes were made , yet very many of the petitions were not granted , but omitted , and doubts not but they will find divers granted , which demanded novelley , and yet not observed for law , because they were omitted in the statute , and that therefore the commons have petitioned for some of the same things again in subsequent parliaments , which they would not have done ( except touching magna charta ) if they had , had the grant of their former petitions been in force . in the th year of the raign of king h. fourth , the commons do pray that no chancellor , treasurer , &c. nor no other officer , judge , or minister of the kings taking fees or wages of him , do take any manner of gift or brocage of any man upon a grievous pain . to which was answered le royle voet , which being entred in the parliament roll , in the margent was written , respectuatur per dominum principem & concilium , whereby it was not made into a statute , nor ever observed for a law. in the same year they petition against attorneys prothonataries and filacers , which being likewise granted and entred in the parliament roll , hath in the margent also written the like respectuatur , and so no statute made thereon at any time . but in the next parliament h. . the clerks and attorneys exhibiting their petition to repeal that of h. . did alledge that the petition and answer , if they be enacted in manner aforesaid into a statute , and put in execution , would be grievous , insupportable , and impossible , and therefore prayed a modification . to which was answered , let the petition touching the prothonataries and filacers be put in suspence until the next parliament , and in the mean time let the justices be charged to inter-commnne of this matter , and report their advice therein . and the reason is , because an ordinance is of a lower nature than a statute , and cannot repeal a statute , which is of an higher , and that ordinances of parliament are seldom published by proclamation , as the statutes were , whereby the subjects might know how to direct their actions . the statute of e. . being never used or put in practice , was repealed by a bare ordinance in the next parliament . in the statutes or acts of parliament concerning london , anno . e. . and anno . e. . and cap. . concerning coroners and takers of wood , cap. . concerning sheriffs , anno. . e. . cap. . concerning pourveyors , and cap. . concerning attachments , and cap. . concerning treasons , the assent of the lords in the parliament rolls is wholly omitted , and yet the statutes the best interpreters do mention their assent . in the e. . the commons pray that the petitions delivered in the last parliament be dispatched and answered this parliament without any delay , &c. to which the king answered , the shortness of the time will nor suffer that those things be dispatched before easter , and therefore it pleased the king that those other things be dispatched . the king in anno . of his raign greatly prospering in his wars in france , and besieging calice , sent unto his parliament in england to demand a subsidy , putting them in mind of their promise to aid him in those wars with their bodies and their purses , whereupon they granted him two fifteens , the king shortly after informing them of more successes , and that he had granted to the king of france a truce , and demanding another subsidy , and to make them the more willing thereunto , required their advice , whereupon after four days deliberation with the lords , fearing the lengthning of the wars by truces , refused to advise touching the same . the king on the other side received their petitions , but answered them not , and therefore the next parliament the commons petitioning for answers , conditioned with the king in their grants of the subsidy to have answers to their former petitions , and those also which were delivered in the present parliament ; and although they were entred in several rolls , as if they had been answered in each parliament , they were all answered in the latter . and the use and practice was to enter none but such as had been read . in the th year of the raign of king e. . it being demanded of the lords and commons on the behalf of the king , whether he should stay until the business of parliament were finished , or take his journey in hast into the north , they advised him to go hastily into the north , and to appoint another time for the dispatch of the business of the people upon their petitions . the parliament giving a very great subsidy to the king , a condition was assented unto , that the petitions of the commons should be granted , upon which requests and conditions by commandment of our lord the king by the assent of the praelates , earls , barons and commons , a committee of praelates , earls , barons , the treasurer , some of the judges , and ten knights of the shires , six citizens and burgesses , whom the commons should chuse to sit from day to day , as also concerning the petitions of the clergy , and put the same into a statute . the which archbishops , bishops and others , having heard and tried the said requests by common assent and accord , caused the points and articles to be put into a statute , the which our lord the king by the assent of all in the said parliament commanded to be ingrossed , sealed , and firmly to be kept throughout the whole realm . divers things are entred in the parliament rolls which had not the consent of the commons , for that they might have been concluded by the king and the lords without them , yet none such could have been entred , but those which were determined in the open house , and not privately at a committee . the answers to the commons were appointed to be read sedente curia , and a committee appointed to prepare the answers to the rest after easter , and so the clerk having only read those that were answered , the parliament ended , saith the record , in lent. shortly after upon the examination of the subsidy , that it would not answer the expectation , he hastily summoned a magnum concilium in octabis trin. following . where after a further grant of a subsidy , the petitions which were not answered the last parliament being read before the king , grands and commons , the king gave them leave to depart , and so ended the councel . one of the last parliament against impositions upon woolls without assent of parliament is made into a statute . and happily it was answered at the councel and not at the parliament . and if that very age interpreted it to be legally done , we must do so also saith , that learned commentator . anno e. . where the commons having delivered their petitions , and desired answers , it was told them that it pleased the king , if any of them would stay to attend and have answers of their petitions , that the rest might depart , and it was not unusual in those times for the commons to have leave to depart , and yet the lords to stay and dispatch business afterwards , and the same reputed to be done in parliament prout anno . e. . gregory n. . & e. . hill. n . in fine r. . n . & . the commons did pray the king that he would advise to do that ease unto his people which he may well do . and anno . e. . do pray that the statute of westminster the d may be declared , to which the king answered , let the justices and other sages be charged to advise of this point until the next parliament . they pray that the statute for the kings presentment within three years , &c may stand . whereunto it was answered ( probably by the lords ) let the king be advised and do further by advice of his councel that which he shall will to be done . eodem anno they do pray that sufficient men be made sheriffs and abide but one year , as hath been ordained , and that the said office be not granted for life or in fee. whereunto the king answered , as touching the first point , let the statute be kept , as touching the d the councel will advise the king that it be not done , for they be advised that it is against the statute . and note , saith that learned observator , that the king was then beyond the seas , and the lords would not give a direct answer in his absence to what concerned his power to grant an office in fee. the commons shew that the scots entred england in the kings absence , and pray that the prisoners taken in the battel at durham may be so ordered , as the damage and danger happen not again . to which was answered , the king will advise therein with his grands , and by their advice ordain that which shall be for the best , and so do , as the commons shall be out of doubt of that which they suppose by the help of god. which being a matter of state , the lords would not conclude without the king , but leave it to himself and his privy councel . they pray that no royal franchises , lands , fees , advowsons , which belong to the crown , or are annexed to it be given away or severed . unto which was answered , the king will advise with his good councel , that nothing shall be done in this case unless it be for the honour of himself and the realm . eodem anno they do pray , whereas holy church ought to have free elections , the pope doth now begin to give abbies and pryories by resignations , &c. that the king would ordain remedy therein by advice of his councel . whereunto was answered , the king will advise with his good councel . the commons do shew , that whereas the men of the navy have assented to all taxes currant in the land , yet their ships are taken , and many lost in the kings service without any recompence given unto them . wherefore they pray , that the king would be pleased to ordain thereof remedy . to which was answered le roys ' avisera . which being a petition coram rege concerning him and their wages and recompence , the lords referred it wholly unto his majesty . anno . e. . they do pray that no appeals be received of any apellors of fellony done out of the county where he is imprisoned . to which the king answered , that will be to make a new law whereof the king is not advised as yet . anno . e. . they petition against the payment of tithe-wood . unto which was answered , the king and his councel will advise of this petition . they pray , that the customs of the merchants cease , and they make their own conduct . to which was answered , le roys ' avisera , and thereupon will answer in convenable manner . anno . e. . they pray that a justice of the one bench or the other may come twice a year into the counties beyond trent . to which the king answered as touching this point , l' roys ' avisera . which amounted not to a denyal , for the judges went circuit thither afterwards . anno . e. . they pray that none be impeached for making leases for life in time of pestilence , nor hereafter for lands holden in capite without licence of alienation . to which the king answered , this requires a great deliberation and therefore the king will advise therein with his good councel how this right may be saved , and the grands and commons of this land eased . anno . e. . they petition for the free passage of woolls . to which was answered , estoit sur avisement . anno . e. . they pray that a fine levied by infants and feme coverts may be reversed within three years after they come to years , or their husbands death . to which the king answered , le roys ' avisera tanque al procheine parliament de changer le loy devant used . and it was the observation of mr. noy that faithful and learned attorney of his late majesty , that in the raign of king e. . in whose time the answers of le roys ' avisera first began by reason of his being continually in war beyond the seas , the king or his councel had no leisure , or at least no will to answer , & so in time s' avisera became as bad as a denyal , and no other answers given to such petitions shewed , that the king was not pleased to grant them . the commons alledging , that notwithstanding the statute made concerning lands seized into the kings hands by his escheators , the lands after enquest taken , and before it can be returned into chancery are granted to patentees , and before the tenant can be admitted to traverse , the lands are many times wasted , do pray , that none be outed by reason of such enquests until they be returned into the chancery , and the occupiers warned by scire facias to answer at a day to come , when if they do not appear and traverse , and find sureties to answer the profits , and commit no wast , if it be found for the king , and that if any patent be granted , or any thing done to the contrary , the chancellor do presently repeal the same , and restore the complaint to his possession without warning the patentee or other occupier as well for the time past as the time to come . the answer unto which was , the king willeth and commands upon great pain that the escheators hereafter do duly return all their enquests in the term and upon the pain heretofore ordained by the statutes . and further it is accorded by the lords of the realm if it please the king , that before such enquests be returned into the chancery , the king shall not hereafter make any patent of such lands in debate unto any , &c. and that the king of his abundant grace will abstain one month after such return , within which time the party may traverse the office , and that the king will not make any patent of such lands unto any stranger , and if after any be made , it shall be void . but touching that which is demanded of patentees made hereafter le roys ' avisera . it being observed by that worthy observator , that as he conceived the first part was answered by the kings councel , and by them reported to the lords , who added the rest of the answer , if it please the king. and yet the said answer is vacated upon the roll , being crossed all over with a pen , and the reason thereof given in the margent with a contrary hand to that of the roll , which sheweth that it was done after the parliament was ended , and after the said roll was ingrossed , viz. quia dominus noster rex noluit istam responsionem affirmare , sed verius illam negavit pro magna parte dicens , soit usez come devant en temps de ses nobles progenitors roys d angle terre out ad estre use , et ideo cancellatur & damnatur . and there can be no question but this answer ( in the affirmative ) was allowed ( at the least not denyed ) at the time of the royal assent , and that afterwards when the statute was to be drawn up , the king taking advantage of the words ( si plest au roy ) did deny it , and so the roll was vacated . and the councel ( which ought to be intended the kings privy councel , for the lords were the kings great councel , and they or any committee of them assisted by the judges whilst the parliament was in being were at the dissolution or proroguing thereof all gone out of their former power or employ , and nothing ought to debar a king from advising with his privy councel by whose advice , as the writs of summons do import his greater councel was called to assist them as well as himself in the time of parliament , or after it was ended , and whether the one or the other had just cause to advise the king not to grant that petition for it , omitted the finding of sureties to commit no wast , and to answer the issues to the king , which the commons offered in their petition , and the lords , if the king so pleased , that no patent be made to any stranger of the lands in debate , which the commons never desired . but the councel were the willinger to let it pass , because it was in the kings power to deny it afterwards , as he did , whereas , had it been the practice of those times , the councel would rather have kept back the answer , and not suffered it to have been read at the time of giving the royal assent , in the fame parliament ( after the said petition was granted , and the assent cancelled as aforesaid ) the commons delivered openly in parliament a great roll or schedule , and another bill annexed to the said roll containing about articles , one of which remains cancelled and blotted out . and in a petition do pray the king their leige lord and the continual councellors about him ( which can be no otherwise understood than of his constant privy councel ) that of all the said articles comprised in the said roll and schedule or bill , which are in the file of other bills in this parliament , good execution and true justice be done for the profit of the king our lord and his whole realm of england . whereupon after it was said by the chancellor of england on the kings behalf to the knights of the shires , citizens and burgesses there present , that they sue forth their writs ( for their wages ) the praelates and lords arose and took their leaves of the king their lord , and so departed that present parliament . and after the parliament ended , the commons delivered unto the lords two great bills , for the commonalty of great yarmouth , the which bills with the indorsements thereupon made by the lords , were also on the filace . divers bills are there mentioned to be delivered , and some mentioned to have been answered ( as happily all were ) ( saith that diligent observator ) by the lords of his majesties councel after the parliament ended . and therefore no marvel if all the answers were not read on the last day of the parliament , when some of them were not made until after the parliament ended ; and there is a petition directed to the thrice redoubted lord the king in these words following , viz. supplie vos leiges , the praelates , dukes , earls , barons , commons , citizens , burgesses , and merchants , of the realm of england . for magna charta to be confirmed unto them , and for a general pardon setting down the articles thereof , whereof many were granted and many qualified as the king and his councel pleased to answer the same . and it was not the use and practise of those times to keep back any answer that was justly displeasing to the king and his councel , much less any other . for in anno . h. . the commons petition , that none of the kings officers may receive any gift , &c. to which the king answered , le roy le veult . in the same year a petition of the commons concerning attorneys was granted by the king , and both the petitions and answers were ingrossed in the parliament roll together with the rest , which shews plainly , that they were read on the last day of the parliament for the royal assent . yet notwithstanding the kings councel so misliked them , that when the clerk attended with the roll of that parliament , for the drawing up of that statute ( as the manner was ) those two petitions and answers were not thought good to be inserted in the statute , and therefore they did write in the margent of the said roll against the same , these words , respectuatur per dominum principem & concilium , which is written with another hand , [ & si non antea ] le roy le veult , answered to a petition of the commons without a statute made there , is only an ordinance . the commons complain of commissions granted to enquire of divers articles in eyre ( generally ) which have not been heretofore granted without assent of parliament , and of the proceedings of the justices therein contrary to the law in assessing fines without regard to the quality of the trespass . to which was answered , the king is pleased that the commissions be examined in his presence . in the th year of the reign of king e. . the commons pray that their petitions for the common profit , and for amendment to have of mischiefs , may be answered and indorsed in parliament before the commons , so as they may know the indorsement , and thereby have remedy according to the ordinance of parliament . in the th year of the raign of king e. . the chancellor demanded of the commons the last day of the parliament , after the answers given to the petitioners were read , if they would have the things so accorded , mys par void ' ordinance ou de statute qui disoient qui bone est le matere les choses par voydes ordinances & nemy per statut & issint est fait . and yet those were no otherwise drawn up into an ordinance , than only by entring the petitions and answers in a parliement roll. in the th year of his raign , the articles of the clergy being answered , they procured the same articles and answers to be exemplified in such sort as they were entred in the roll of parliament ( which is lost ) without penning the same in any other form , and were afterwards published under the great seal of england , with an observari volumus . in the raign of the same king it was accorded , that no grand of the land or other of what estate or degree soever do make prizes or carriages for the houses of the king , queen , or their children , and that by warrant shall make payment thereof ; and it was ordained by statute , that that accord be cryed and published in westminster hall ; and our lord the king and his councel willeth the same accord be cryed where it behoveth . so as where they prayed the publishing thereof at westminster hall , only the king and his councel added the publishing thereof in london and elsewhere . and the close rolls of that year do declare that it was published in all the shires of england . when an ordinance had its first motion and being in the house of lords in parliament , and agreed on , and was drawn in the form of an act of parliament , it was afterwards to receive the assent of the commons in parliament . in divers parliaments when the commons petitioned for a novel ley , which the lords were willing enough to yield unto , and the king to grant , yet for that the king intended not to make any statute that parliament , those petitions have been deferred to another time , and divers others which did not demand a new law , were granted and reputed for good ordinances or acts of parliament . as when in e. . the commons prayed that in writs of debt or trespass , if the plaintiff recover damages against the defendant , that he have execution of the lands which the defendant had the day in which the writ was purchased . unto which the king answered , this cannot be done without a statute , whereupon the king will advise with his good councel , and further do that which shall seem best for his people . in the same year the commons do shew , that whereas before these times it hath been used , that if lands had been given to a man and his wife , and the heirs of their bodies issuing , and the one dies , no issue having been had betwixt them , the other may commit wast without being impeached thereof , that it may please our lord the king to ordain thereof remedy , and that in such case a writ of wast be ordained . to which the king answered , demurge entre les autres articles dont novel ley est demandez . eodem anno , shew the commons , that whereas a writ of possession doth not lye of tenements deviseable , though they be not devised to the great damage of all the commons , that it would please our lord the king and his good councel , to ordain by statute that writs of possession my lye and hold place as well of tenements deviseable in case where they are not devised , as of others , and that there be saved to the tenants their answers in case that they be devised . whereunto the king answered , let it remain amongst the other articles , whereof a new law is demanded . in the d year of the raign of the same king they do pray , that for that many are disinherited by non claim , although they have good right , and namely , those who are not learned in the law , that non claim be gone and utterly taken away . to which the king answered , this would be to make a new law , which thing cannot be done for the shortness of time . eodem anno , pray the commons , that where a man is attainted at the suit of the party for trespass done against the peer , and the trespasser taken and let by the marshal and his marshals to mainprise , or at large they be charged with the damages . to which the king answered , to put an issue to this article in manner as they pray , it would be to make a new law , the which the king is not advised yet to do . the commons do pray , that the issues and amerciaments of the green wax , be certainly expressed in the estreats , and that the sheriffs be allowed in their accompts for the hundreds granted from the crown , which petitions were referred to the next parliament , for that the king had no leisure , or no intent to make statutes thereof at any time . the roll of the parliament of e. . is lost . in the th year of the said kings raign , the commons do pray , the king to desire the parliament to consider how he might gain the arrears of the first year , and be put in a way for to gain the second year of the said aid with less grievance to the people . but the lords and commons were so exasperated by the excommunication threatened by the archbishop of canterbury against them all , because the king would not admit him into the parliament , and that they required a declaration to be first made and agreed upon , that the peers of the land , whether officers or not , be not bound to answer the kings suit but in parliament , and it was a whole week before the king would agree unto it . all which time the archbishop demanded entrance , standing upon his right as primus par angliae , and required to be admitted upon pain of excommunication . at the last the said declaration being first agreed upon by a special committee of the lords , the king granted it , and presently upon the same day the archbishop was admitted , who demanded tryal by his peers . but as touching the aid for the king , the lords and commons incensed by the clergy , flatly answered , that if the conditions of the grant in anno . were not performed , they would pay none . after which the laity and the clergy exhibited their petitions ( as the manner then was ) severally but petitioning the one for the other , as they never did since or before , except in anno . e. . when the popish clergy had put that great and victorious king also to the like plunge , and their petitions being answered by the kings councel ( who were the standing committee for that purpose ) but the lords and commons disliked thereof , and obtained a special committee of themselves to consider of the same , which being reported and well liked , a statute was made thereupon by a committee of the grands and commons , which being read before the king , and sealed with his great seal , and delivered to the grands and commons , divers of the kings councel , as the treasurer , some of the justices of both benches , the steward of his house and the chamberlain were sworn upon the cross of canterbury to observe the same as much as to them belonged , but yet the said councellors , treasurer , and justices made their protestation , that they assented not to the making of the said statute , nor to the form thereof , neither could they keep the same if they were contrary to the laws and usages of the realm , which they were sworn to observe , which disorderly parliament ending in may , and the king intending not to suffer the said statute to be put in execution , summoned his great councel to meet at london in july following , to repeal the same , but there were so many of the praelates called thereunto , although the archbishop was omitted , that he could not effect his desire therein , wherefore he summoned another great councel to meet at westminster about michaelmas following , whereby the assent of the earls , barons , and other wise men , ( not warning any praelates ) the said statute was repealed . in which statute so repealed , there will appear to have been many inconveniences both to the king and his people , if it had continued in force . the d chapter whereof touching tryal by peers swerved very much from the true meaning of magna charta , cap. . nullus liber homo , &c. for that appointeth his tryal to be by his peers , but restrains it not unto any place , whereas this limits the tryals of the peers of the land to be in parliament only , which would be very inconvenient to the king to wait for a parliament for every offence , and very troublesom to the commons to be so often troubled thither , and no way beneficial for the temporal lords , for they , whether in parliament , or out of parliament , were ever to be tried per nobiles pares . the th chapter had clauses , that the king should place new officers when they fall but by accord of the grands , which shall be nearest in the country , which is directly against the dignity of the king , to be thus limited in the choice of his officers , and prove as inconvenient to the subject , if those grands should not be men of merit . that the king shall take all offices except the judges , &c. into his hands the d day of every parliament , and the officers be put to answer every complaint , and if they be attainted , shall be judged by the peers in parliament , and the king shall cause execution to be pronounced and be done accordingly without dclay , which is altogether unjust and against all right and reason and against the law , to put any man out of his place before judgment and conviction , and against the right and dignity of the crown to bind the king to execute the judgment of the peers ; and it is observable , that it was not in the petition , but was added afterwards by the committee , who drew up the answer to the same , and so was the th clause penned by the said committee much more beneficial for the subjects than was in the petitions or answers . which particulars well considered , no man can blame the king for his dissimulation at that time , and his repeal of that statute . in the parliament of e. . where the king having summoned a former parliament in the year before , and therein pacified the lords and commons so well as they all agreed , that the said statute made in the th year of his raign , should be repealed and taken away , and loose the name of a statute , for as much as it is prejudicial and contrary to the laws and usages of the realm , and to the rights and praerogatives of the king. but for that some articles were comprised in the said statute which were reasonable , and according to the law and reason ; it was accorded by our lord the king and his commons , that of such articles and others accorded in this present parliament , a new statute be made by the advice of the justices and other sages , and held for ever . and no statute being made , the commons prayed the king to have the answers to their petitions in writing in manner of a patent under the great seal of england for every county , city and good town , one patent for the comfort of the people , which the king granted by the advice of the praelates and grands , most of which were the judges , officers of state , and privy councellors of the king , which patent was sealed and entred in the patent roll , under which was written , la charter ensealer pour les communs . after which the king summoned three parliaments in , , and . but no statute was made in either of them . the next statute was made in anno e. . in which year the king had two parliaments and statutes made , but mention nothing by whom they were made , only the commons do pray , that the petitions reasonably prayed by the commons be granted , confirmed and sealed before the departure of the parliament . and in the same parliament n. . the commons praying , that the statute made the last parliament touching reservations , be published and put in execution . unto which the king answered , let the statute be viewed and recited before the councel , and if need be in any point , let it be better declared and amended , as the statute of the king and the realm be kept . by which it appeareth , that the councel penned the statutes . anno . e. . the king summoned a great councel , whither many commons were sent , and it was agreed , that the ordinances of the said councel should be recited in the next parliament . anno . e. . n. . the commons prayed , that the ordinances of the staple , and all the other ordinances made at the last great councel , which they have seen with great deliberation , be affirmed in this parliament , and held for a statute to endure for ever . unto which the king and lords agreed with one mind , so always , that if any thing be to be put out , let it be done in parliament when need shall be , and not in any other manner . and accordingly there is an addition at the end of the first chapter against provisors , as in the statute roll and print , but not in rot . concilii anno . nor yet in the parliament roll de anno . e. . that whole addition seeming to be added by the councel alone , and yet shewed to the parliament for their consent before the said statute was published . and it is observable by that of e. . n. . and this of e. . n. . that the statutes were most usually made long after the parliament ended , although in the parliaments of , . and e. . they were engrossed and sealed in the time of parliament sedente curia . statutes were made when some of our kings were beyond sea , which happened often in the raigns of . e. . and h. . anno . e. . a parliament was held at london when the king was in flanders by his son edward , and the statute made therein was put into the form of a charter or patent . anno . e. . were two parliaments whilst the king was beyond the seas , but no petitions or statutes in either . anno . e. . a parliament was holden in the kings absence beyond the seas by his son edward duke of cornwal guardian of england , but no petition of the commons nor statute . anno . e. . a parliament was held in the kings absence by lyonell the kings son , guardian of england , and divers petitions of the commons were then answered , but no statute made thereof . anno . e. . the king could not be present at the beginning of the parliament , but granted a commission to richard prince of wales to begin the same , et ad faciendum ea quae pro nobis et per nos facienda fuerint . and yet the lords went to the king ( lying sick at sheene ) the day before the parliament ended , where he gave his royal assent unto the answers made unto the petitions , and commanded them to be read the next day in full parliament , but yet no statute was made thereon , notwithstanding the commission , for the commission was but for matters to be done in parliament as the words ibidem facienda fuerint do import . anno . h . a parliament was held in england by humfrey duke of gloucester , the king being then beyond the seas , wherein the commons petitioned n. . that whereas it had been told them by divers lords in this parliament that the petitions to be delivered to the duke of gloucester guardian of england , shall not be ingrossed before they be first sent beyond the seas to our soveraign lord the king to have therein his royal assent and advice , wherefore may it please the said lord duke to ordain by authority of this present arliament , that all the petitions delivered by the commons to the said duke in the parliament be answered and determined within this realm of england during the said parliament , and if any petition remain not answered and determined during the said parliament , that they be held for void and of none effect , and that this ordinance be of force and hold place in every parliament to be held in the realm in time to come . to which was answered , soit avise per le roy. howsoever it may be conceived , that all the petitions with the answers were sent to the king for his advice and assent which of them should be in the statute , and which not , for in that statute consisting of three chapters which was made that year , there are only two of the answers to their petitions determined that is made into the said statute , viz. pet . n. . in the d cap. and pet . n. . in the cap. the commons did not petition for any thing contained in the th cap. neither is there any thing recorded thereof in that parliament roll ; & although one other of the commons petitions n. . for women aliens the widows of englishmen to have dower was granted absolutely , and the petition n. . against retail of sweet wines altogether , and the petition n. . that gascoign wine should not be sold for above d. the gallon were granted with be it as is desired if it please the king. yet neitheir of these petitions are in the statute . the usual time for making the statutes , was after the the end of every parliament , yea after the parliament roll was engrossed , anno . r. . the temporal lords met in the great councel after the parliament was ended , where the clerk read unto them the enrolment of the ordinance in that parliament touching the power of the justices of the peace . at which time it is probable the statute was made , and that ordinance quite altered . anno h. . n. . and . the petitions and their answers agreed on in parliament , are entred in the roll with the rest , which past into the statute of that year , and in the margent was written with another hand , respectuatur per dominum principem & concilium , and neither of those are in the statute , by which it is very plain , that the kings councel met after the parliament was ended to consider of the petitions which were answered , and which of them were fit to be put into the statute , and which not , and when the clerk attended with the parliament roll , the councel thought fit to respite those , and to deny them they could not . and it is evident by the many additions in the statutes and alterations thereof , from the answers agreed on in parliament , that the statutes were made afterwards . and many chapters in several statutes are not at all entred in the parliament rolls , as . e. . cap. , , , . eodem anno cap. . & . . r. . apud westm. cap. . eodem anno cap. . r. . cap. , . & . . r. . cap. . . & . . r. . cap. . . r. . cap. . & . . r. . cap. . & . . r. . cap. . & . anno . h. . cap. . . h. . cap. . & . . h. . cap. . . h. . cap. . the use being for the clerk to bring the bills themselves as well as the roll before the kings councel , who penned the statute out of the original . the statutes were antiently drawn into a form of law , and certain articles out of the petitions and answers . anno . e. . n. . the petition was , quae nul homine soit arcle de trover gents d' armes hoblers ne archers autres quae ceux quite ignont per tiel service sil ne soit ▪ par common assent & grant en parlement par ceo est contre la droit du royalme . unto which was answered , le roy ottroie a cest petition . yet the statute hereupon made omitteth the words , viz. for it is against the right of the realm . the th chapter omitteth the clause in the petition , viz. and not of other fees as have been levied of late . in the same year petition n. . it is prayed , that nul enditour soit mis en enquest sur la deliverance de la enditee nient plus en trespass qu' en felonys ' il soit challenge pour celle cause per celui qu' est enditee . the statute thereupon cap. . is in rot . statut . auxint accorde est que nul enditour soit misen enquest sur la deliverance del enditee de trespass ou de felonys'il soit challenge pour tiel cause per l' enditee . which is more favourably penned for the subject , taking away all dispute , whether the enditor might have been of the jury or not , in case of felony , before the making of this statute . and such kind of alterations happen often . the th chapter of this statute agreeth with the petition , n. . save that after the words presentment , de bons & loy al & du visne , there is added in the statute , ou tiel face se farce , where such act is done which explains out of which visne the presentment is to be . but the print is very false , for there it is said , that it shall be lawful for every man to exchange gold for silver , so as no man can hold the same as exchanged , nor take the profit , &c. whereas in the answer to the petition and statute roll it is , that it shall be well lawful to any man to exchange gold for silver , or for gold or silver , so as no man can hold a common exchange , nor nothing take of the people for the same exchange . the th chapter of that statute anno . is taken out of the answer to the petition n. . and somewhat out of the petition also . the cap. out of the petition n. . and the answer also . the th cap. of the statute of e. . was made part out of the petition and answer n. . and part out of the petition alone n. . and the last part thereof out of the petition and answer n. . but the statute hath more concerning tryals of merchants n. . and for marriners n. . than is in the said two petitions and answers . of the th article of the statute of westm two touching conditional grants , the answer is referred to the judges to advise thereof till the next parliament . the statutes thus drawn into divers heads or articles were shewn to the king , & upon his approbatio engrossed sometimes with a praeamble , & an observari volumus in the conclusion , and at other times without any praeamble at all , and by writs sent into every county to be proclaimed . anno . e. . n. . the king commanded the statute to be engrossed , sealed , and firmly kept . e. . n. . the statutes were read before the king , sealed with the kings great seal , and delivered to the grands and knights of the shire , &c. the statute de tallagio non concedendo , &c. made in e. . is no where enrolled , but is mentioned in the antient collection of statutes , it was sealed and sworn unto by the bishops and great lords . the second chap. that judgments contrary to the said charters , shall be void , is out of the latter part of the fourth article . the third chap. that the said charter shall be read twice in every year , is out of part of the sixth article . the fourth chap. that excommunication shall be pronounced against the infringers of the said charters , is out of the rest of the said six articles . the fifth , sixth , and seventh , chap. against taxes , aids , &c. out of the first , second , and third article , with two savings which are not in the said articles . the confirmation of magna charta & charta de foresta were confirmed under that kings great seal by letters patents . and the great charter of henry the third by inspeximus teste edwardo filio suo . the like confirmation also in of his raign being not enrolled in the statute roll. the praeamble of the articuli super chartas , is false printed , for in the record it is , our soveraign lord the king hath again granted , renewed and confirmed the said charters at the request of his praelates , earls and barons , assembled in parliament . and hath ordained , enacted , and established , certain articles against all them that offend contrary to the points of the said charters . wherein he was enforced by the great lords and the peoples murmuring to omit the salvo jure , which he would have inserted . but at his return from the scottish wars in anno . of his raign , repented him thereof , and procured the pope to absolve him of his oath , for that he was enforced thereunto . the statutes for ireland were directed to the chief justice of ireland to be there proclaimed . anno . e. . the statute of the leap-year , or rather as it is in the record , de modo surgendi de malo lecti , is enrolled in dorso rotuli parliamenti , where proclamations were then usually entred , and directed to the chief justice of the bench. the sentence of curse in anno . h. . was no statute , though proclaimed in the presence of the king and his nobles , sealed by the archbishop and bishops , but not by the king. all other statutes of h. . were proclaimed . in anno . e. . the extent of mannors , and the statute de officio coronator , &c. are not enrolled , nor the statute of bigamy made in the same year , though it was published , and hath the praeamble of a statute . anno . e. . the statute de defensione portandi arma , was sent by writ patent to the justices , and by another writ patent to the treasurer , and barons , of the exchequer to be there enrolled . and eodem anno the statute of mortmain is directed to the justices in banco , to be there enrolled in rot. statute . e. . in the print , the correction of the statute of glouc. is directed in the form of letters patents to the justices , but recorded to be done anno . e. . ro. glouc. anno eodem m . anno . e. . the statute of the exchequer is directed to the treasurer and barons of the exchequer , ro. claus. . e . the statute of acton burnel hath no praeamble , or any form of a proclamation , and yet it is enrolled in ro. stat. m. where there is one clause , that the king shall have one penny out of every pound , to maintain the clerk , and another that that ordinance shall not extend unto jews , both which are omitted . this statute is also enrolled ro. claus. anno . e. . in dorso , which shews the true year when it was made . the statute de circumspecte agatis was but an ordinance upon the complaint of the bishop of norwich . anno . e. . the statute quia emptores terrarum hath a praeamble and conclusion in form of a statute , and yet is not enrolled in the statute roll , the first in the statute roll being that of . e. . the statute of wast is but an ordinance upon a debate in parliament , and the justices commanded to proceed accordingly . anno . e. . the articles for the clergy are the petitions of the clergy , and the answers thereunto are ad verbum exemplified under the great seal , with an observari volumus , and not drawn up into the form of a statute . anno . e. . the statute of carlisle , is by writ sent to the justices of the bench , and sealed in the time of parliament , as may appear by the date thereof at our palace of carlisle . articles concerning the kings praerogative , and the answers thereunto , are only recited , and not drawn up in the form of a statute , and seems to be but an ordinance made in parliament , and the justices of the bench , directed to observe the same , else it had not been registred , saith that very able commentator mr. noy , in our antient manuscripts , the venerable conservators of our statute laws , and otherwise had long ago perished with our parliament rolls , whereof divers are missing of the subsequent times , all of the former to e. . yet the statute roll , from . e. . are extant , but divers statutes omitted therein , even from the said time . . e. . the statute of money made at york , was directed to the sheriff to be proclaimed , it may be for hast upon the approaching fairs . of . e . upon the petition of the commons that merchant strangers might buy woolls freely , proclamation was immediately sent to the sheriffs for that purpose . the revocation of the statute of anno . e. . and the statute against maintenance anno . e. . being acts made in the kings great councel and not of the parliament , were directed to the sheriff to be published , and so was the statute of labourers in the year of that kings raign , and also to the bishops . and all other the statutes of e. . to the raign of henry . were drawn up in the form of letters patents , or with a short praeamble , that the things following were ordained in parliament , and sent with a writ to every sheriff to be published , whereof some remain yet in the tower of london unsent in the time of henry . probably because that about that time the invention of printing was brought into england . insomuch as in those times , . no statute hath been made ( in some parliaments ) although sometimes agreed upon . . many things have been omitted . . many things added . . a statute hath been made wherein the commons gave not their assent . . wherein neither lords or commons assented . anno . e. . the commons exhibited a petition containing articles , which were presently answered , and together with the subsidy grant was made into a statute , sealed , delivered and published , sedente curia . and afterwards in the same parliament they exhibited another petition against provisions from rome , which was agreed and assented unto by the king , earls , barons , justices , and other sages of the law , that the matters contained in the said petition , should be put into a covenable form according to the prayer of the commons n. . & . and yet no statute at all made thereupon . anno . f. . n. . the commons petition against provisions from rome , which was under-written for an answer to the same , viz. it is agreed that the answer to this petition shall be put into the statute , and so the statute was entred by the clerk amongst the rest in the parliament roll ( a thing then usual ) and yet that was not published with the other statutes . for in the next parliament in the same year n. . the commons prayed it might be published and put in execution . anno . r . n. . the commons petition against extortions , was absolutely granted . and notwithstanding the protestation of the praelates to the contrary , it was enrolled , and yet afterwards at a great councel the lords then assembled said , it was not their intent it should be enrolled , and no statute was made thereon . anno . h. . n. . & . two several petitions of the commons were absolutely granted and entred in the parliament roll , and afterwards when the councel met to draw up the statute they were respited . anno . e. . n. . and cap. . tit. collations all this clause was omitted out of an answer to a petition of the clergy , viz. it is accorded by the king , the grands , and commons , that after judgment rendred for the king and the clerk in possession , the presentment cannot be repealed . and there are added in that statute two special clauses for the clergy which were not in the answer . and afterwards anno . r. . n. . cap. . collations , the like clause for the king is wholly omitted , viz. and further , the king willeth , that ratification granted for the incumbent after that the king presented and commenced his suit , shall be allowed hanging the plea , nor after judgment given for the king , but that such judgment shall be fully executed as reason demandeth . anno . e. . n. . the commons petitioned , that the grand charter , and the charter of the forest , and the statute made anno . of our lord the king that now is , touching pourveyors , and the other statute made in his time , and the time of his progenitors , be firmly kept and maintained in all points , and be duly executed according to the law , and that writs be granted to every one who will sue upon every point ; contained in what statute soever . and if any justice or minister be dilatory to any statute thereof made , that so much as he hath done to the contrary be held for nothing , and erroneous . to which was answered , il plest au roy. and yet notwithstanding that petition was thus absolutely granted and agreed upon , the statute made thereof cap. . is only , that magna charta , and all other statutes , shall be kept and duly executed , omitting all the test . anno . e. . n. . they petition that king , that it please him of his grace and majesty , to command , charge and ordain , that the great charter , and the charter of the forest be kept and held in all points , and that the franchises , customs , and liberties heretofore used be held and kept in form as they were granted or used . to which was anwsered , re roy le voet . and yet in the statute thereon , cap . is no more than thus ; it is ordained that the great charter , and the charter of the forest be held and kept in all points , and omitteth all the rest . anno . r. . n. . cap. . the statute is penned much larger for the liberties of the church , than is in the petition or answer , and the salvo for the kings regality , is wholly omitted . anno . r. . n. . cap. . they agree for the liberties of the church , but magna charta , and charta de foresta are wholly omitted in the statute . anno . r. . n. . cap. . touching provisions , the special abuses of the pope are omitted . anno . r. . n. . cap. . in the oath which the justices are to take , the words duly , and without favour are omitted . anno . e. . cap. . & . ( touching aids , taxes and prises granted to the king , but not to be taken for a custom ; and a release for tole taken by the king , for wooll , and a grant that he will not take the like without common consent , and good will ) were agreed by the lords and commons in that parliament , sealed with the kings seal , and the seals of the archbishop , and bishops , who with the kings councel were voluntarily sworn to the performance thereof . anno . e. . cap. . the saving was added by the king and his councel , at the drawing up of the statute , as appears by the words therein , viz. the king and his councel , do not intend by reason of the statute . item cap. . at the conclusion was added a saving for the king. . r. . cap. . for preachers without the commons assent repealed , e. . . & eliz. . the assent of the lords and commons in parliament , one or both expressed , included , or implied in that of king e. . or h. 's grant of the dutchy of cornwal and annexing lands thereunto , do as in the many antient grants of the saxon kings , signify no more than an approbation , and confers neither jus in re , or potestatem dandi vel concedendi ; and so in the case of the entailed , and restored lands , and the honour and earldom of oxford granted by king r. . to awbrey de vere in the th year of his raign n. . and the like may be believed where some things have been done , or grants or charters said and entred in the parliament rolls , to be authoritate parliamenti , which as the judicious mr. noy hath observed , do not without other circumstances prove a common assent of parliament , for that some of the answers to divers petitions of the commons in parliament temporibus r. . & h. . were put upon the files only , and not entred in the parliament rolls . and the same words are in divers acts of parliament , mentioned to be inrolled in the parliament rolls of & of h. . anno . h. . the commons pray , that the most sufficient welshmen of every lordship be chosen to keep the peace , and to answer for all felonies , &c. as they were wont to do unto the conqueror of wales in the time of king edward . to which the king answered , let this petition be committed to the councel to be thereof advised , and the same councel have power to provide remedy therein , according to their discretion by authority of parliament . in the th year of the raign of the said king , the commons prayed the king , that certain petitions exhited by bartholomew verdon , and his companions , might graciously be exploited , per authoritatem parliamenti , whereupon the king by the advice and assent of the lords in parliamenr , and at the request of the commons granted the said petition , as by the endorsement thereof filed amongst the special petitions may appear . but afterwards anno . h. . n. . the commons perceiving those words , ( authoritate parliamenti ) often used by the lords alone in their answers to petitions exhibited to the receivers , appointed by the king , whereby the parties complained of , were oftentimes constrained to answer causes , determinable at the common law , before the kings councel , or in the chancery , exhibited the petition ensuing , viz. praying the commons in this present parliament , that if any man sue a bill or petition , with these words , ( authoritate parliamenti ) and the answer be made , let this bill or petition be committed to the councel of the king , or to the councellors of the king to execute and determine the contents thereof ( whereas the said bill or petition is not by the commons of the land , required to be affirmed or assented unto ) that no man to such a bill or petition , unless the assent or request of the commons be endorsed , be bound to answer contrary to the laws of the realm . unto which was answered , soit aviser per le roy. at the foot of many charters and writs , have been indorsed , per ipsum regem & totum concilium in parliamento , and sometimes , per ipsum & concilium suum in parliamento , and at other times , per petitionem in parliamento . anno . h. . . part pat . n. . pro abbate & conventu de welhow de avisamento dominorum ad supplicationem communitatis . et teste rege apud westmonasterium per petitionem in parliamento & pro l. solut . in hanaperio . anno . h. . n. . the commons pray , that whereas one thomas taynleur approver , had appealed divers honest men very falsly , for which he was drawn and hanged ; it would please the king to grant out writs of the chancery , unto the justices , to cease all process against the party so falsly appealed , which was granted assensu praelatorum procerumque , &c. and the form of the writ there set down and underneath was written per petitionem in parliamento . in publick ordinances the words of ceremony are seldom expressed , only the matter agreed upon is recorded , but the manner and form of the agreement , and by whom in particular , is most usually omitted , yet necessary to be understood , for such was the practice and usage of that age . in cases which require no new law , those acts were seldom entred ; it was thought sufficient if they were on the file prout fitz herberts abridg. tit . parliament anno . h. . n. . neither did those necessarily require the common assent of parliament , for the petitions granted authoritate parliamenti do not prove the common assent , unless they were exhibited by the commons , otherwise they were such only as were delivered to the receivers of petitions appointed by the king at the beginning of every parliament , and they were answered by the tryers then also appointed for the same , amongst whom none of the house of commons , were ever appointed , and those answers , or the matters themselves being heard before the lords in parliament as petitions of great weight and difficulty alwaies were , for such alwaies had the additions of authoritate parliamenti , the first of them beginning tempore richardi . and whether those words be added or omitted , yet such answers ever did and will bind , so as they be not contrary to the laws and customs of the land. there needed no publication of ordinances , touching the chancery , when the chancellor was present , nor concerning the courts of justice , when the judges were present in parliament , neither touching the grievances of the kings ministers and other officers , for some of them were ever present in parliament . and the commons were so careful to have their parliament rolls engrossed as in d henry . n. . divers days before the end of the parliament they did by their speaker beseech the king that the business done , and to be done in this parliament , be enacted and engrossed before the departure of the justices , whilst they have them in their memory . unto which it was answered , that the clerk of the parliament should do his endeavour to enact , and engross the substance of the parliament , by advice of the justices , and after shew it to the king and lords in parliament to have their advice . by which it appeareth , that the parliament roll was not drawn up by the clerk alone ex officio , but with the advice of the justices ; and although it was here said , that it should be afterwards shewed unto the king , and lords to be approved of by them , yet it is not to be thought that the king and lords did usually examine the same , but the judges advice was usually had therein , how else could the commons require the same to be ingrossed whilst it remained in the judges memory ? the parliament roll of . e. . for the creation of his son prince edward duke of cornwal , and annexing lands thereunto is lost . but in anno . h. . the commons exhibiting their bill in parliament in the behalf of the prince to be made duke of cornwal , did recite that grant of king e. . to have been made by the kings letters patents , and pray that the lands which were annexed might not be aliened , and that which had been aliened , reseised . annis . & . h. . n. . the speaker in the name of the commons prayed the king and the lords in parliament , that certain of the lords spiritual and temporal whom it pleased them to appoint , and a certain number of the commons whose names he had written in a schedule or any . . . . . or . of them might be at the enacting and ingrossing of the rolls of parliament , and that his prayer and petition might be enacted of record in the roll of parliament , which request the king graciously assented unto . anno . h. . n. . the commons agreed , that the king might moderate the statute against provisors . anno . h. . n. . they complain to the king , that the same was otherwise entred in the parliament roll , than was agreed on by them , and that it might be examined , which the king granted , but upon protestation that it should not be drawn into example . whereupon the lords spiritual and temporal , and the justices , and councellors of the king , being severally examined in full parliament , in the presence of the king , and all the commons , testified that the said moderation was duly and justly entred and enacted in the parliament roll , in manner as it was spoken and agreed on , by the said lords and commons , the which entring and enacting so made the king remembred to be well and truly done as it was agreed on in the last parliament . so careful were the commons of the parliament rolls , the only treasury of those publick ordinances , and yet never petitioned touching the roll of statutes , nor to be present when they were made , for they knew full well that that did belong meerly to the king and his councel . but only did put his majesty in mind in anno . h. . n. . that the statute ought not to be drawn up contrary to the meaning of the petitions which were then granted , and afterwards to prevent that inconvenience , they themselves framed their bills in form of a statute , which order continueth to this day . anno . e. . the petition of hugh audly and margery his wife concerning the lands of the earl of cornwal exemplified , was exhibited in the parliament at york at michaelmas , and answered in the next parliament at easter following . some had writs out of the chancery for the setling and confirming of what was granted to them by parliament prout anno . r. . for livery to be made to awbrey de vere of the lands entailed unto him . the act of parliament of e. . being granted and published with a saving to the right and praerogative of the crown , was afterwards upon the murmuring of some of the lords and commons against that proviso , republished without it . statutes were not enrolled , until the king had allowed thereof , and commanded it to be ingrossed , sealed and kept . things perpetual were made into a statute and temporary into an ordinance , or signified by letters patents . in the parliament of e. . a statute was in a manner extorted from that glorious king , and a special committee appointed to pen it , against which the kings councel protested , and the king by his proclamation or declaration revoked the same for that he assented not , but dissimuled , which remains upon record to this day to that kings great dishonor , if not rightly understood . which that great attorney general mr. noy undertook to clear in this manner . the commons having granted the year before a very large subsidy to the king toward the french wars to be paid in two years under divers conditions , and the statute drawn up by a special committee of lords and commons , who took great care that the king should be duly answered the said grant , and the subjects enjoy his majesties graces in those conditions expressed , and the king going into france with full confidence to receive the said money accordingly , but being abused by his officers that which was paid so spent as little came to his hands , so as for want of money he was enforced to accept of a truce when he was in probability of a great victory if not of the conquest of all france , whereupon returning suddenly , he fell first upon the officers , who excusing themselves , laid the blame upon the collectors , which caused the king to send out strickt commissions to enquire thereof . but he was most incensed against the archbishop of canterbury , who had encouraged him to those wars , willing him to take no care for treasure , because he would himself see him abundantly furnished by the said subsidy , which failing , and the king understanding that the pope sided with the french , mistrusted the praelates in general , but especially the archbishop , and reprehended him sharply for it , who presently complained of manifold violences against the liberties of the church and english nation comprehended in magna charta ; and thus the clergy incensed the commons against the king and the commissioners , which he had appointed to enquire of the abuses of the collectors , who had enquired of divers matters in eyre beyond the limits of their commissions , which bred such ill humours in the lords and commons , as when in the th year of his majesties raign , when he had in parliament shewed the necessity of the french wars , and that the aid granted him the year before was withheld and ill spent by his officers , and therefore desired the parliament to consider how malefactors might be punished , and the law kept in equal force both to poor and rich , the commons delivered up their advice in writing for a commission , to be directed to the justices in each shire , d' oyer & terminer these matters in general . but the king , the praelates and grandees thought fit to add articles of the said enquiry , and therefore they delivered unto the commons certain articles which were ordained by the said praelates and grandees , for them to advise , and give their assent . the which being viewed and examined by them , they assented that good justices , and loyal , be assigned to hear and determine all the things contained in the said articles , for the profit of our lord the king. the assent of the lords is many times omitted to be entred , and so likewise hath many times been that of the commons . in the same year the commons exhibited their petitions for the confirming of a statute made in the th year of the said kings raign , which was general n. . and in general for all statutes , and the other special n. . for that in particular . and yet in the same th year an ordinance was entred n. . viz. item accordez est & assentuz , that the statute made at westminster in the quindena of easter in the year of the raign of our lord the king the th , be wholly repealed and gone , and loose the name of a statute , which was without any mention either of lords or commons . in the th year of the raign of the said king , the dukes , earls , barons , and commons , conferring together by the kings order touching the exactions of the pope in the white-chamber ( now called the court of requests ) assented , if it please the king. anno eodem in the , , , & . chapters of statutes made in that year upon several ordinances entred in the rolls of that year n. , , & . no mention is made therein either of the lords assent , or the commons , though both are mentioned in the praeamble of the statutes . anno . h. . the cruel bill for the burning of hereticks , beginning in the lords house , and exhibited by the clergy , was written in latine , and so was the long answer to the same , and all and one in the same phrase , and no mention made of the commons assent . anno eodem a bill was exhibited by the clergy into the lords house against a bull from the pope to discharge the possessions of the cistertian monks from the payment of tythes , which being there answered , was carried to the commons by the archbishop of canterbury himself , to have their assent , and told them , that the king and the lords were attended upon with the answer to the same , and afterwards the commons came before the king and the lords in parliament , and made divers requests , and amongst others shewed that the archbishop of canterbury delivered them the petition touching the order of cistertians , to which answer the said commons agreed . eodem anno the commons did shew , that whereas the king had ordained a staple at bruges in flanders merchant strangers did by land or sea bring their wooll thither to the great profit and encrease of the price of wooll coming thither ; the town of bruges hath for their own profit forbidden the bringing of wooll thither as they were wont to do to the great damage of the merchants of england , and of all the commons , whereof they do pray remedy . unto which was answered , it is advised by the praelates , grandees and commons of this realm , that the pention is reasonable . the commons petition against the subsidy of s. for every sack of wooll granted by the merchants . unto which was answered , for that our lord the king for great necessity which yet endureth and appears greater from day to day did do it , which being shewed to the grandees , and commons in this parliament assembled on the kings behalf , the said lords and commons by common assent , have granted the said subsidy . the parliaments or great councels were heretofore very short , and dispatched in a few days , having the matters ( which were alwaies extraordinary ) appointed or declared by the king to be treated of . and there are divers answers to petitions which cross or add to the prayers of the commons , whereunto their assent is not specified , and yet the statutes thereupon made do mention it . for the price of wines , a report of a former statute is not in the petition , but in the answer only . and it should be remembred that although the house of commons in parliament , have been often of late times only said to have been the representing of some part of the commons of england , & those that were as aforesaid elected and admitted into the parliament , have in their petitions to their kings for redress of grievances , stiled themselves no otherwise then your pravrez communs , and leiges , yet it was never intended , or could be of all the freeholders or people of england , or in the latitude of the word represented , which is over extended . § . what is meant by the word representing , or if all , or how many of the people of england and wales , are , or have been in the elections of a part of the commons to come to parliament represented . for the nobility , the proceres and magnates , and the bishops , and many abbots and pryors were always summoned apart to our parliaments , and never represented by the commons , the consent of the universality of the people being in and before the th year of the reign of king henry the d included in the king , and the lords spiritual and temporal , the tenants and knights fees of the lords temporal and spiritual , not a few were not represented , when with those and their dependancies they so over-powered king h. . in a parliament at oxford , as to inforce him to yield unto those provisions , which afterwards proved to be the fatal incentives of an ensuing bloody war , and the seminary of many commotions and contests betwixt some of our succeeding kings and their subjects in their after generations , those only excepted being tenants paravail , who held their lands subordinately of the tenants that were mean , to those that held their lands of the lords spiritual and temporal , the majores barones , holding of the king in capite , with multitudes almost innumerable of copy-holders , lease-holders , tenants at will , or sufferance , villani or bordarii , le menu peuple et de busse condition , were exempted by order of parliament , as represented by them and no other , and always used to be so , the almost numberless herd of monks , fryers and religious persons , and their revenues , servants , tenants and dependants , were not , nor could be represented , but freed by the kings orders in parliament , from payment of the commoners wages that came to parliament by two several necessary sorts of priviledges and immunities , instead of many more which they claimed , the religious and monastick people of the nation , with their very large possessions and revenues , before the dissolution of them in the reign of king henry the th . and king edward the th . being rationally to be accounted little less than a full th . part of the lands of the kingdom , the secular clergy ( always giving subsidies apart by themselves ) being almost , were represented by the bishops or convocation of the clergy , the tenants in antient demesne , or of the great number of the tenants of the kings annaent demesne proper and largely extended royal revenue that should be , which before they were granted or aliened away by our kings , like indulgent common parents to their almost every days craving subjects and people , or in rewarding , and incouraging publick and great services , done or to be done for the common-wealth or publick good , which were very large and diffusive through all the parts of the nation , and the clerks of the chancery beneficiate , as most of them antiently were , and the judges , kings council and officers attending the honourable house of peers in the like condition , and should be exempted , although by length of time , custom , indulgence or permission , they have been since the original of the house of commons , in the th . year of the raign of king henry the d. ( which was then no more than our embrio , and from thence discontinued until the d . year of the raign of king edward the first ) charged and made contributary to publick aids and necessities , and the largely priviledged county palatine of lancaster , having heretofore comprehended in it the three great earldoms of leicester , derby and lincoln , with their largely extended revenues , was not at the first represented , but did forbear the sending of members , the remainder whereof is now a great part of the kings revenue , the whole county palatine of chester with wales and its provinces , had none until the raign of king henry the th , nor the county palatine of durham , and the burrough of newark upon trent , until some few years ago : arch-bishops , bishops , abbots , pryors , religious men and women , and all that have hundreds of their own ( as very many have by grant from the crown ) are by the statute of h. . exempted from coming to the sheriffs torn or county court , and so not intended to be electors or elected . the kings very large should be demesne lands and crown revenue , and that of the lords spiritual and temporal , and the many other before mentioned exempted . and the records of the house of peers in parliament , have often told us , that many times when the commons gave subsidies , they did it by the assent of the lords spitual and temporal . and as a very learned divine of the church of england , ( there being many pseudo-protestant divines that are not of it ) hath well remarked there is no subject of the kingdom of england , represented in parliament by the commons thereof , but as subordinate to the king , and to join with him , and the lords in their as-assent and approbation ( not against him or either of them ) in our kings and soveraign princes making of laws for the good of the kingdom . for repraesentare , is no more than locum implore autoritate vel vicaria potestate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ita iotis , est exhibere vi quàdam juris praesentiam ejus qui revera non est ; budaeus definit esse repraesentationem per figuram facere , & imaginario visu rem ipsam repraesentare ; locum implere , loco sistere , loco praesentis sistere , & repraesentatio quaedam imaginaria . and being but commissioners , special attorneys , or procurators of some part of the lay-commonalty , and freeholders ; not of the copy-holders , lease-holders , villains or bondmen , servants or apprentices , could not by their indentures , letters of attorney , or procurations with any reason , truth , understanding , or propriety of speech , be believed to represent for them , that never delegated or authorised them , or to act beyond the purpose or design of those that elected , sent or imployed them , nor can make it to be any thing more than an aenigma , or riddle with some hidden and inveloped sense or meaning , not to be comprehended in the genuine , obvious or proper meaning , sense or construction of the word repraesent , for who can without a great weakness , failing or error in his judgment , think that they could by any tentering or straining of the word , make all the several kinds of people , that sent them in obedience to the direction of their kings writs or orders , to impower them whilst they sate in the house of commons in parliament , to sentence , condemn , fine , arrest , imprison , banish , or sequester any of those that they pretended to represent , when the praedecessors of those that would be masters of such a latitude , did in parliament , in the d year of the raign of king edward the third , when a tax or aid was proposed for the king , ( being the first , and only end , for which they were elected and sent , ) make it their request to the king , to give them leave to go home to their several countries and places , to advise before hand with those that sent them ; otherwise the pledges , or sureties which every member of the house of commons being to give their county and place whom they would represent as their procurators or attorneys , are to be well heeded , and cautiously taken for pledges or security , well watched in their doings , and not left to trick and purchase to themselves , by unlawful encroachments , an arbitrary and illegal soveraignty , which the laws of the land never allowed them , and their masters the counties and places that sent them could neither give or intend , for nil dat qui non habet , as being never able to give them complextly or singly their diversities of powers or interests present or to come , other than such as the intent and purport of their writs of election & commissions allowed , when the devil with a pair of spectacles , cannot find in their indentures or procurations , any commission either by the king , or those that elected them , other than to do and perform such things as the king , by the advice of the lords spiritual and temporal in parliament , should ordain , but not to make war against their king , and murder him , plunder , and destroy their fellow subjects and masters , that elected , and sent them for better purposes , neither can they , or any of their record-massacring champions , ever be able to prove that the lords spiritual or temporal , did , or could transfer unto them their power representative in parliament , which without the authority of the king that gave it , is not transferrable . and when there were but counties , cities , and towns , that sent knights , citizens , and burgesses , to parliament , in the latter end of the raign of king edward the first , were but almost one part of three that could be truly esteemed representers of many of the commons ( too many having been since only added by corruption of sheriffs and otherwise ) it could never be intended , or at all possible , or so much as probable , as all could be freeholders or otherwise , within the true meaning and intention of the word representation , or represent applied to the house of commons , or any particular member thereof , was until our late factious , and seditious times , never found in any of our parliament rolls , records or memorials , which hath lately been made to be very large , and drawn into a factious and seditious extent and interpretation . for the parliament being only the kings great councel ( not of the people his subjects ) upon special emergent occasions concerning the weal publick in the defence of the kingdom and church , all offences committed against the members of either of the houses siting the parliament , or in their coming or returning , are by law to be prosecuted , and punished in the behalf of the king , and in his name , and by his only regal authority , ( and the prison of the tower of london , is the kings by a long possession , but none of the peoples ) as it was adjudged in the raign of edward the st in the case of the priviledge of the earl of cornwal , and long after that , viz. in the latter end of the raign of king henry the th , in the case of the lord cromwel and tailbois , and in the extraordinary forcible riot and trespass committed in the th year of the raign of k. richard . upon the goods , lands and servants of one of the knights of the shire of cumberland sitting the parliament , whereupon that king upon his complaint directed a writ or commission to enquire , and certify the fact , directing the sheriff of westmorland , by a jury of his county , to attend them therein , and those that were found offenders , to arrest and bring coram nobis & concilio nostro ( not the house of commons in parliament ) in quindena sancti michaelis , with a nos talia si fuerint relinquere nolentes impunita , upon which mr. pryn observeth , that the king upon that complaint did not presently send for the offenders in custody by a serjeant at arms ( as the commons of late times have done ; ) and did the more , as he saith , urge that record and precedent to rectify the late irregularities , of sending for persons in custody upon every motion and suggestion of a pretended breach of priviledge , to their extraordinary vexations and expence , before any legal proof or conviction of their guilt against the great charter , and all ancient precedents and proceedings in parliament , further evidenced by him , to appertain only to the king , by the commons own petitions from time to time in several parliaments , in the raigns of henry the th , henry the th , and edward the th , in the cases of chodder , atwil , dome , colyn , &c. and that it was expresly resolved and declared to belong only to the king , by his writs of priviledge , supersedeas & habeas corpora issued out of the court of chancery , to deliver members of parliament , or their servants imprisoned , or taken in execution against the priviledge of parliament , for in the great debates and arguments in the house of commons in the case of fitz-herbert in the th year of the raign of queen elizabeth , when sir edward coke was speaker , it was at the last concluded that it was meet that the whole matter should be brought before them by an habeas corpus cum causa issued out of the chancery , and there to be returned , since no writ of habeas corpus , nor yet of priviledge could be returned into the house of commons , but only into the chancery or lords house , as writs of error were , whereupon the speaker attending the lord keeper of the great seal of england , pressed for a special habeas corpus , with a clause to be inserted therein , that fitz-herbert existens de parliamento captus suit , &c. with a recital of the cause of priviledge , who upon conference with the judges , would not assent thereunto , and resolving not to depart from the usual form , issued out the writ to the sheriff returnable in chancery , who bringing the body of the prisoner , and certifying the cause of his imprisonment , the lord keeper sent the sheriffs return of the habeas corpus to the commons house , the chancery men who brought it , being ordered to read it , which they did , with the writ thereunto annexed , whereupon mr. dalton argued , that the house had no power to deliver him , he being not arrested sedente parliamento , but before it sate , and that in a point of law whether in this case he ought to be priviledged , the commons house ought not to pass any vote therein , but ought to advise with , and receive instructions from the judges of the realm , whether in this case by the law they could grant priviledge , which being seconded by sir francis bacon , and thirded by sir edward coke , it was ordered that fitz-herbert should appear and be heard by his councel the next morning , and that the advice of the judges should be had therein , which being bad , the judgment of the house was , that he was not to have priviledge , for three causes , first , because he was in execution taken the same day of his election ; secondly because it was at the queens suit , which was the grand reason ; thirdly because he was taken neither sedente parliamento , nec eundo , nec redeundo , and mr. pryn likewise humbly conceived , that in case of any member of parliament arrested , their only legal means and remedy was , and is by a writ of priviledge out of the chancery . in the journal of the house of commons in parliament , anno . e. . there is an order entred that if any member require priviledge for him or his servant , he shall upon declaration have a warrant , signed by the speaker to obtain a writ of priviledge , after which as on the same day follows a special entry of a vote of the house of commons in these words , for that william ward burgess of lancaster had obtained a writ of priviledge out of the chancery , without a warrant from the house , it is committed to mr. mason , mr. hare , and serjeant morgan , to examine , and certify , whence it is apparent , saith mr. pryn , ( their old friend ) that the house of commons in that age did not use to enlarge their arrested and imprisoned members , by their serjeant at mace , and own orders , but only by special writs of priviledge issued out of the chancery under the great seal of england , according to the practice and usage of former ages , that the house was first to be informed of the arrests , and thereupon to order their speaker not to grant a warrant directed to the lord chancellor , ( not as their subordinate or coordinate soveraigns ) to issue a writ of priviledge to them , if he saw cause , and in case of servants of a member of an house of commons in parliament arrested or imprisoned , the master was upon his corporal oath , to prove that he was his real moenial servant , who came along with , and attended on him before he could be released by a supersedeas , and writ of priviledge out of the chancery ( being the court of the king , not of the house of commons in parliament , ) one member of the house of commons in parliament assaulting another , is a breach of priviledge , and of the peace , for which he may be imprisoned until he find sureties of the peace ; and in the case of george ferrers , a member of the house of commons in parliament , reported by mr. crompton , the house it self appealed to king henry the th for his deliverance : and although they do represent some part of the commonalty , yet it is within limits and boundaries so little to be transgressed as our laws , constant customs and usage of parliament have una voce constantly affirmed , that there can be no allowance of priviledge of parliament in cases of treason , felony , or trespass . and being so subordinate , and tyed up as to themselves by our laws , antient customs and usages , and their own oaths of allegiance and supremacy , ought not surely to think that the power of representing for some , can be by a limited commission or procuratorship enlarged to all that an authority to represent in the doing of one single act , or consenting thereunto can give them a liberty to do what they please in every other matter , and even in contraries against duties enjoyned by their oaths of allegiance and supremacy and that when antiently , and of long continuance , ( now altogether disused ) they were to give sureties or pledges to their counties or places to perform their trusts , it was not to imprison , sequester , starve or ruine , or make rebels & traitors those that gave them their letters of attorney , substitutions , or procurations , and cannot but understand that an attorney or transgressor wilfully damnifying those that commissionated them , are by common law , reason , and equity damna resarciri , and make amends , that jure gentium leagues even made by embassadours in the behalf of their princes that sent them , contrary to their mandates or instructions have not seldom been avoided or altered , and that it was adjudged in the case of mendoza the spanish embassadour plotting treason here against queen elizabeth , that he was not to be allowed the priviledge of an embassador , for that illiciti non est mandatum . for did they represent those that within their bounds they did truly and properly represent , they could not arrogate a power without the king , to unelect or remove those that came thither elected by their own counties , cities , and burroughs , not by any power or authority of their own , but by virtue of their kings writs , nor order the clerk of the crown ( the kings officer , and none of theirs ) to raze their names out of the record , a matter which our laws and parliaments themselves have ordained , to be without exception highly criminal , and it may be an everlasting problem how the members chosen by one county or city should be put out by another , that were strangers or forreign unto their election , and were not commissionated to expel or justle out one another , ( for so might cornwal , wiltshire , and the county of sussex , who do claim a multiplicity of members in the house of commons in parliament be praedominant , and out-do all the rest in benefiting themselves , or hindring whom they list ) or by what authority they do now of late ( for before , or in the raigns of king henry the th edward . queen mary , queen elizabeth , king james , king charles the martyr , and all their royal progenitors and predecessors ever since this kingdom was and hath been , and should be a monarchy of above one thousand years , it hath been never heard of , that strangers whom they would be thought to represent , and sometimes their own members , or those they do not represent , must , when they receive their sentence or censure , as it is stiled , from them , who have no judicative power , but were only elected ad faciendum & consentiendum unto those things which should be ordained by the king , by or upon the advice of the lords spiritual and temporal in parliament , constrain to receive their sentence of expulsion , if they be members , or punishment , if otherwise , upon their knees , unless they will claim to be a soveraignty , which their oaths of allegiance and supremacy , all our laws , records and journals of parliament , and our annals and histories , and the usage and customs of neighbour nations , kingdoms and republiques , have hitherto contradicted ; or if it shall be said , that it is in regard that the king is supposed to be virtually there , and always believed to be present , our laws , records , annals , and reason and truth , will make hast to confute them , that it would be absurdissimum ab omni ratione remotum , & nullo exemplo in anglia usitatum , for that the king is , we hope , no commoner , or member of the house of commons in parliament who come thither as his subjects , and sworn to obey him and his successors , under their oaths of allegiance and supremacy , was not elected at all , or to be there for his place , and his throne and chair of state is in his house of peers in parliament , to whom he sends , which he usually doth in the time of parliament , to come to receive his commands and directions , and cannot surely at one and the same time be supposed to be in two places , or to send for himself to come out of the house of commons to himself into the house of peers to hear what himself would say unto himself , for when in other cases it hath been said that the king is by our laws intended to be vertually or personally present in his courts of justice , it it is not personaliter , but authoritative , where sentences or judgments are not received upon the knees , neither in the ecclesiastical courts where the bishops in the name of god and as the church do only give their sentences , and make their decrees without the majesty or ceremony of kneeling unto them to be performed by those that are concerned to obey the condemnation , & it may be a quaere harder to unriddle than many of those of sphinx , how it can consist with the reason of such a repraesentation , that they whom they would seem to represent , should be petitioners unto themselves , and that if any of the county or place represented shall commit any offence against any single member of the house of commons representing for another county or place , as for breach of priviledge , or for words , &c. the persons of the other province or place must be punished , and come upon their knees , and not they that represented them & a warrant sent by their speaker , for the kings writ to the county , city or place , to elect another in that house , and might have done much better to have hindred it . or if any freeholder , gentleman or clown that elected them were not before accustomed to be kneeled unto as by an adoration , how these enlightened over-lofty members can compel men to adore and kneel unto them under a colour of representation , when those that they would have believe that their new-found representation , with an adoration designed to be entailed upon them , would have been ashamed to have it to be done unto them , and durst never claim or own it in their own counties or places that elected them , and might be abundantly satisfied , that neither the kings writs , or their election , indentures , letters of attorney , procurations , or any praescription , or supposed priviledge of parliament , could entitle them unto such a kind of majesty , or how they that are no judicature or court of record , and have no power to give , or administer an oath to witnesses , can escape the blame or censure of magna charta , and all the laws , right , reason , and rules of justice and equity to be parties and judges in their own cases , or enforce their fellow subjects , and not seldom of better births and extractions to receive upon their knees with adorations their unjust dooms and sentences , when better tryed criminals in the court of kings bench , where the king as a judge is supposed to sit himself , do not likewise in his other courts receive their judgements upon their knees , but only when they receive the kings pardon in rendring their thanks unto him . but should rather remember , that the angel in the apocalipse would not suffer st. john to kneel unto him , and that the often sawcy plebs or vulgus of rome could be content with the exorbitant power of their tribuni plebes in their intercessions for laws , without any the adoration of kneeling , nor are there to be found any records or presidents in england , or any scrap of law or reason that any of our kings in their licensing any of the speakers of the house of commons , should give them any power or priviledge to eject any of their fellow members , and make them on their knees receive uncivil and ungentleman-like words , such as mr. williams a late speaker of the house of commons in parliament was pleased to say unto sir robert peyton knight , being commanded and enforced to receive his lawless ejectment upon his knees in these words , go thou worst of men , the house hath spewed the out , or after such an insolence to require the kings clerk of the crown to make out a warrant in the kings name to elect another member in his place . and our england , nor any other civilized part of the world , have yet found such a parcel of representatives or deputies that can think themselves so to be entituled ( as the author of the character of a popish successor in this kingdom of england hath been pleased to grant unto them ) to that which they would willingly stile their own royal inheritance and sacred succession of power , when they are not as embassadors , repraesenting princes , sent unto , or treating with princes , but as procurators or attorneys employed by those that are , nor ever were more than subjects their ne plus ultra . or by what art or refined chymistry was such a majesty entailed or infused into them when kelsy a body or bodice-maker and barebone a fanatick letherseller were members , or what or whose charters or letters patents , have they to entitle them thereunto , when sir edward coke a learned lawyer , gives them no greater title than that of a grand enquest , and mr. william pryn , that adventured body and soul for them , and with great mistakings joyning them in a supremacy conjoynt with the house of peers in parliament , abundantly found fault with them in taking too much upon them in other matters , when those designs of majesty were not arrived or let down from heaven , as the figment of the anciliae at rome was believed to be , or how could the commons in parliament charge ( as they did so unjustly and wickedly ) king charles the first for coming unarmed without any guard to seize pym , hambden , haselrig , and the rest of the five members , and kimbolton , then , and long after , guilty of high treason , if he were then in the house of commons in his politick or personal capacity , a distinction which the master of hypocrisy and lyes had taught them when in several of his battels in the defence of himself and his loyal subjects , weemes a prefidious scot and others levelled their cannons at him with perspective glasses to be sure to hit him , a method which david had not learned when he found saul sleeping , and was afraid to touch or kill the lords anointed , and never left persecuting him until they had cut off his head , and murdered him in both his capacities , which did not serve for a plea in the case of cook , hugh peters , and other his justly condemned murderers , who had not then the impudence to plead or rely upon such a parcel of devilism , when they might know that the politick and personal capacity of a king , or any subordinate magistrate were so conjoint and inseparable , as in articulo mortis , that part of kingship or magistracy could not be severed from the natural , unless it were in such an apparent and publick manner as in the self-deposing and renunciation of our king richard the d of charles the th emperor of germany , retiring into a monastery , or as some of the ancient kings and princes of france were when they were cheated of their kingly power , and forced to be shaven as monks , and put into a monastery . and that notwithstanding the house of commons new-fashioned way of their own framing , since the raign of queen elizabeth , of making their own committee to find out and determine such priviledges as they would claim , and have , they might have discovered that in the court of kings bench in the case of richard chedder a servant to a member of the house of commons in parliament being in his coming to parliament beaten and wounded by one john savage , the record declareth , that , videtur cur quod non est necesse quod inquiratur per patriam quae dampna praedictus richardus chedder qui venit ad parliamentum in comitiva , &c. et verberatus & vulneratus fuit per johannem savage sustinuit occasione verberationis , set magis cadit in discretionem justic ideo per discretionem cur consideratum est quod dictus richardus recuperet . dampna sua ad centum marc . & similiter centum marc . and though he was a servant to a member of the house of commons in parliament , was committed to the marshal , quousque sinem faciat cum domino rege per minatoriis datis juratoribus appunctuat . ad inquirend . and if there had been any priviledge due to the members of the house of commons in parliament besides , and other than that which their speakers do at their admittance by our kings and princes claim in their behalf being no more than freedom of access to their persons , and from arrest of their persons and moenial servants ever since , or in the year of the raign of king edward the first ; for in the th year of the raign of king henry the third , when that king was a prisoner to simon montfort , and his partner rebels , those few that were sent as members of that , not to be called a parliament , claimed not any priviledges from the beginning of our verily long lasting monarchy , until that their distempered and unhappy framed writ for the election of knights , citizens and burgesses to come to parliament in h. . nor can it be made appear that any of the commons were before ever elected to come as members of parliament ( the writs ex gratia regis allowed for the levying of their wages , being no priviledge given by the king , but rather the gift and wages of the counties and places that elected them . ) and the priviledges of the lords spiritual and temporal , besides those of the earls , and higher degrees of the nobility , whose patents and charters about the raign of king richard the d gave them their priviledges of having vocem locum , & sedem in parliamento , & concilio generali regis , and before had their titles of earls by a charter of the third penny or part of the fines and amerciaments of the county of oxford , as the creation of alberick de vere earl of oxford by king henry the d hath demonstrated , and some authentick historians have told us , that king john made two earls , per investituram cincturae gladii , who waited upon him immediately after as he sate at dinner gladiis cincti , and by reason of the grandeur and honour of their estates and priviledge to advise their king , needed no protection from arrests , and their ladies and dowagers do enjoy the like priviedges , and when they should in extraordinary affairs be summoned to parliament to be advised withal by our kings , whereunto when they were travelling through any of his forrests , they might kill a deer , so as they , or any of them gave some of the keepers notice thereof by blowing of an horn and leaving a piece thereof hanging upon a tree . a baron may speak twice to a bill in parliament in one day when a member of the house of commons can but once , they neither need or choose any speaker , for the chancellor or the keeper of the kings great seal of england is the only speaker of that house where the king doth not do it himself , or commissionates some other to officiate in the lord chancellor or lord keepers place , or time of sickness . every baron or other lord of parliament in any action where the defendant pleadeth he is no baron , it shall not be tryed at the common law , or by jury , nor by witnesses , but by record , their bodies shall not be arrested , and neither capias or exigent shall be awarded against them , and their bodies are not subject to torture in causa laesae majestatis . are not to be sworn in assises , juries or inquests , if any servant of the king in checque roll compass the death of a baron , or any of the kings privy councel , it is felony ; in any action against a baron in the court of common pleas , or any of the courts of justice , two knights are to be impannelled of the jury , he shall have a day of grace , shall not be tryed in cases of treason or felony , or misprision of treason , but by their peers , and such as are of the nobility who are not sworn , but give their verdict only upon their honour , & super fidem & ligeantiam domino regi debitam , and by an act of parliament made by queen elizabeth are exempt from the taking of the oath of supremacy , which the members of the house of commons are ordained to take before their admittance , the writs of summons to a parliament are directed only to themselves who are not elected as the members of the house of commons who are but as the attorneys and procurators for those that sent them ad faciendum & consentiendum , to do and obey what the lords shall ordain , who sub fide & ligeancia domino regi debita , do represent only for themselves , and the cause saith sir edward coke of the kings giving the nobility so many great priviledges , is because all honour and nobility , is derived from the king who is the true fountain of honour , and honours the nobility also two was , as , . ad consulendum , and ( anciently ) gives them robes . dly . a sword ad defendendum regem & regnum , and the oath of allegiance is , and ought to be imprinted in the heart of every subject , scil . ego verus & fidelis ero , & veritatem praestabo domino regi de vita & membro & de terreno honore , & vivendum & moriendum contra omnes gentes , &c. et si cognoscam aut audiam de aliquo damno aut malo quod domino regi evenire poterit revelabo , &c. and their wives and dowagers enjoy the same priviledges in the time of parliament , and without , and their sons and daughters a praecedency , which those of the house of commons have not , the lords can in case of absence by the kings license make their proxy , but the members of the house of commons cannot ; the lords at any conference with the members of the house of commons do sit covered , but the commons do all the while stand uncovered ; the lords have a certain number of chaplains in time of parliament , and with a priviledge of enjoying more than one benefice , but the members of the house of commons none ; the lords in the case of breach of priviledge ( by arresting any of their moenial servants in the time of parliament , do by their own order punish the offenders , which the house of commons should not without the assistance of the king by his writ out of his court of chancery ; the lords and some others appointed by the king are in every parliament tryers of the petitions of the commons , but they are not of any petitions to the king and house of lords , the commons not being to be allowed , petitioning to themselves , and our kings often refusing to grant what was required , where any had offended and broken the priviledge of the house of lords , or committed any treason or misdemeanor against the king and many times upon a charge of the house of commons they were to receive their sentence at the bar of the house of lords kneeling , but never in the house of commons until the late new-fashion'd rebellion , and fancied soveraignty of the people , which god never gave them , and the devil cannot allow them after a parliament ended , and leave given by the king to depart , the commons do petition the king for his writs to the counties and places that sent them to pay them their wages , which the house of peers never did . and a strange representation , partial , much disordered and disjointed it was when members in the time of a rebellious and parliamentary confusion , ejected of their better conditioned fellow members , and have since taken upon them , when their soveraign hath with some restrictions given them proper and necessary liberty of speech in the discussing of matters pertinent and becoming the reason and business , for which they were called to deny innocent liberty to their partners chosen and intrusted by other parts of the nation , not at all depending upon them , but elected , sent and intrusted by their fellow subjects , arraign and murder their pious king at the suit of the people when they neither could , or did give them any order or authority to do , vote , and make a war against him , his loyal , and their fellow subjects , to the ruine and destruction of above two hundred thousand , and punish others as their votes shall carry it , receive upon their knees their sentence sometimes to be imprisoned in the tower of london , sent thither only by their speakers warrant , or expelled the house , with a warrant for the kings writ , to elect another , and no man can tell whence that power was , is , or could be derived unto them either by warrant of the laws of god , nature , or nations , or the laws , and reasonable customs of england , or of any forreign senates or councels , to disprove , approve , or remove or punish one another , or how they can underprop that their beloved authority , when many times the major part of the members were absent in person , and many of those that are present , and have no mind to concur , were either wanting in their courage , or that for which they were elected , and what with those that were absent and tarryed in their countries , or were in london and come late to the house , or stayed there but a very short time , there is seldom the one half , or so many of them as could make a major part of them understand to give an energy or certain establishment to what within the limits and bounds of their constitution should be agreed unto , or by what rule of law or rectified reason any that are represented should be condemned by those that represent them not for that , but for better other purposes . or how they can be said to represent the people that sent them in the matter of parliament priviledges , when they that they represent are not to partake of their freedom from arrests , troubles of suits , &c. for themselves and moenial servants , or how do they represent in their properties , when there is no such thing in their writs , commissions or procurations , and they did in the th year of the raign of king edward the d , ask leave of the king to go home to their several countries and places , to confer with those that sent them , concerning a tax or subsidy required , or how they can be said to represent for all that sent them , and call themselves one of the three estates of the kingdom , if any can tell how to believe them , when they whom they would represent are not , nor ever were estates , &c. if the people had a soveraignty vested and inhaerent in them , should be no more when they are in parliament but as a grand enquest , as sir edward coke saith , ( to some only purposes ) but to many , and the most of their business , but as petitioners for redress of grievances , or if they could by any right or construction be understood to be soveraigns , when they can do nothing there , or have admittance until they shall have taken the oaths of allegiance and supremacy to their king and soveraign , or can demonstrate how many kinds of soveraigns there be , and which is on earth the single and sole soveraign under god , or when or how came all the people they would represent to be soveraigns , or how can they be soveraigns after they have taken their oaths of allegiance and supremacy unto their king and prince , and his heirs and successors , their only very not fictitious soveraign , and how it happeneth that they have in many of their petitions in parliament , stiled themselves your pourez leiges the commons of england , if they at that time had any part of soveraignty in them , and were not all poor neither , or when sometimes in the raign of king h. . or in his absence or infancy their petitions were directed unto them by the title of sages , senators , & tres honourable seignieurs , or how they could as representatives of the commons be petitioned unto , by any of the commons ; for that would have been as absurd to have been petitioners to themselves , or to have been believed to be all wise or honourable , or that all they represented could by any kind of grammar , reason or sense be understood to have been sent as soveraigns , or were ever so understood to be by those that elected or sent them , they should , when they were to go home to those that delegated them , were not to depart without the kings license , and then did not neglect to petition the king for writs , to be paid their wages by the countries or places that employed them , and if any sheriff had levied their wages with an overplus for himself , they that were so wronged have complained to the kings justices in eyre , and have been remedied ; but were never found to complain to their unintelligible soveraigns , or to have any process from them to levy their expences , or to petition to have them paid out of the lands & estates of those that sent them , or was granted by any order or procurations of those that sent them . or if all the people of england , who are and should be certainly to be known and ranked according to their several degrees and qualities , unless all should be levelled into a lump informity or menstrosity higeldy pigheldy , all fellows at football , it might put heraldry it self at a stand , or out of its wits to distinguish how much of a knight of a shire is a duke , marquess , earl , viscount , baron , knight , esquire , gentleman , yeoman , or common freeholder , or the widdows or feme soles of any of them resides , or is incorporate in that one knight of a shire , or how much in the other knight of the shire , when by the kings writs there were to be no more than two , and by oliver cromwels the usurpers writs , there was as many as six , and when in his time of villany two english earls , knights of the kings honourable order of the garter , sate as members of that which was miscalled the house of commons in parliament , although it might well deserve the question of what nation they were or riddle , my riddle what is this , how much of them were earls or commons , or what epiccen or hermophrodite kind of men they were , or whom ( if not very rebels , they did then and there represent ? or whether the knights and burgesses of england and wales , as they were admitted into the house of commons from the th and th year of the raign of king henry . until the raign of king henry the th did or could represent , for ireland gastoign , the isles , and other dominions of our kings , and sometime scotland , for which until then there were receivers and triers of petitions particularly appointed for those other dominions and places , or who did represent for wales the bishoprick of durham before there were knights of the shires and burgesses allowed by our kings , or for the town of newark upon trent so lately priviledged by his now majesty , or whether they do in one entire and complexed body represent for all the commons of england , when as the journals , parliament rolls and memoriols can inform us that sometimes the city of london , as also other particular places have separately petitioned the king , and not at all times in a generality name and behalf of all the commons of england , servants , mechanicks and labourers , &c. which being no freeholders or electors , can never be understood to have given any of the members of the house of commons any procurations jointly or separately to give any consent or represent for them in parliament . so that whatsoever hath or shall be done or acted in parliament either for lease or copyholders villani bordarii , mechanicks , labourers , servants , &c. neither is or can be obliging to those multitudes otherwise than by the soveraign power of the king , when by the energy , and vertue of his royal assent that which was before but an embrio comes to be aminated , and have as it were a life and a soul breathed or put into it by his sanction , or giving it the force of a law by his , and no others act of parliament further than the advice of the lords spiritual and temporal , and the assent or approbation of the commons in parliament assembled . or how they can by or with any law , right , reason , construction , propriety of speech or grammar be said or believed to represent those of the commons of england whom they have many times accused and take upon them to imprison or punish . when our parliaments have been , or should be founded upon the feudal laws , our monarchick best of governments , and there could be no election of members of the house of commons to come to parliament ad faciendum & consentiendum iis , which the king by the advise of the lords spiritual and temporal should there ordain , not in omnibus , in all matters , for that was the proper care and business of our kings and princes , and their private councel , by whose advice the writs of summons issued out under the kings great seal of england , to summon the lords spiritual and temporal to a parliament to consult not de omnibus , or de omnibus arduis , but de quibusdam arduis , and until the th of king henry . when simon montforts rebellious parliament and his counterfeit writs of election of members to be a then endeavoured to be constituted house of commons in parliament , received its first foundation , and gave the occasion and encouragement to many rebellions and mischiefs afterward , and from the , and e. . until that gave it some rectifyed allowance unto such a kind of election and convention of members in an house of commons in parliament to be assembled ; the so elected members of commons of parliament could neither meet or assemble , until there were writs of summons issued out to assemble the lords spiritual and temporal as peers not unto the king , but one unto the other in parliament , for when the lords spiritual and temporal are not to be assembled by the kings writs of summons , the commons cannot be elected to attend the king and the lords spiritual and temporal , for to meet without so much as unto markets or fairs , or indulgent allowance of our kings would be a breach of the kings peace , which should be so sacred and ever was accompted to be of so great a concernment unto him and his people , as when he pardoned any of his offending subjects against his laws , the ancient forms of our kings pardons were only without enumerating , or particular specification of the crimes damus & concedimus pacem nostram , and gives us the reason that all our parliaments as well relating either to the upper or lower house , do specially except treason , felony , or breach of peace , which seemeth certainly to be no other than a necessary clause , added by our kings in their priviledges of parliament . and otherwise it would be an unread , unheard , & unintelligible mixture of a supremacy or soveraignty , that a king deriving his soveraignty only from god , and his people and subjects sworn unto him by their oaths of allegiance and supremacy , and obliged unto him for their estates and self-preservation , at the same time be invested with a soveraignty , which is to be certainly placed amongst the most puzling riddles of madam sphinx , and none of the over-turning republicans , can give us no manner of solution until all the vulgus or rabble multitude of the world can be persuaded to be of one mind , and for many years continue therein , and all impossibles come to be possible . and there cannot be a greater absurdity offered to the common intellect or understanding of mankind , than to endeavour to perswade them that there is a plurality of soveraigns , and that all the subjects of england do or can represent the king , and are his soveraigns , or that he is the subject or general servant of so many millions of people , as he is rightfully king of , and are sworn unto him by the oaths of allegiance and supremacy , but are conditionally only his subjects until some fair opportunity to arraign him at the suit of his own subjects , cut off his head , and extirpe him and his illustrious family , by no other warrant than to set up the kingdom of jesus christ , who never yet gave them any order or authority to attempt any such egregious villany . and should not have been so locked up in their morphaeus commonly erring , wandring dreams or imaginations , as to think that two or three necessary priviledges only proper for members of the house of commons in parliament may be extended to all that they shall fancy or think to be necessary or suitable to their incroaching humours or designs , and may be very great loosers by the bargain , if by such a gross mistake they make all that is or shall be their own proper estates allowed , or given unto them by the bounty and munificence of our kings and princes , and their feudal laws to be priviledges of parliament , when their properties and liberties are not priviledges of parliament ; and all kind of priviledges are and ought to be subject unto these two grand rules of law , and may and ought to be forfeitable by a non user , or misuer , no praescripton or length of time in such cases being to be made use of , against the king , and some corporations , as the burrough of colchester procured an exemption from sending members to the house of commons in parliament ▪ in regard of their charge of building or repairing their town-walls , and new-castle upon tyne , did the like propter inopiam , and charge and trouble to defend themselves against the scots ; and priviledges of parliament are not , nor can with any propriety of speech , truth , reason or understanding , be called liberties properties or franchises , which they that make such a noise with them , would be sorry to have so brittle , short or uncertain title in , or unto their own rights in their own estates , lands or livelihoods , and had better be at the charge to go to school again , or fee a lawyer , to instruct or make them understand the difference betwixt priviledges of parliament , and priviledges that do no way appertain unto the aforesaid parliament priviledges , and betwixt privilegium and proprium , and cannot sure be so vain or foolish , as to think that they were elected by the peoples authority , and their own , and not by the kings , or that after the king hath allowed them a speaker , for otherwise he must be at the trouble to forsake his own proper place , chair of estate or throne in the house of peers , and sit in the house of commons with them , and hear their debates , discourses and speeches , pro aut contra , which might have abridged them of their priviledge of freedom of speech granted at his allowance of their speaker , or that by the immediate causing to be carried before that their allowed speaker in the presence of these many members of the house of commons , that came to attend him to the king , one of his royal masses or maces crowned , usually born before our king , as ensigns of majesty to attend him during the time of his speakership at home or abroad in the house of commons in parliament , or without , whether it continue for a short or long time , as many of our parliaments have done , with an allowance of five pounds per diem for his house-keeping and table-provision , whereof many of their members do not seldom partake ( the lord steward of the kings houshold having likewise a large allowance of expences by the king for his table , to entertain such of the nobility and others , as during the time of parliament will come to eat with him ) besides many large fees in the making of orders , and passing of bills or acts of parliament for laws , naturalizations , &c. which could not be legally taken without the kings tacit permission ( the late illegal and unparliamentary way never used in any kingdom , senate or republick , or in this kingdom , to suffer their speaker or his clerks , to make a great weekly gain by the printing and publishing , to be sold at every sationers or booksellers shops , and cryed up and down the streets in london and westminster , by men , women , girls and boys , all that is , or hath been done in the commons house of parliament to the no small profit of their speaker excepted ) or that when any person not of that house , who have not by any supposed priviledge , any serjeant , lictor , catchpole or messenger fastes or secures to attend them , or any particular prison allotted unto them who by their commissions , elections or trusts reposed in them by their king and countries , may search , and never find any power or authority lodged in them , who never were or are any court of judicature , to seise , arrest , or imprison any of their fellow subjects , but since that late incroachment which hath no older a date , than about the latter end of the raign of our king james the first , who upon his observation of some of their irregularities , jestingly said that the house of commons in parliament were an house of kings , it never being intended by those that elected them , or our kings and princes that admitted them , that they should have or exercise any power to seise or imprison , or any place or prison allowed by our kings as their particular prison , and though it appears that they had in the latter end of the raign of king henry . a clerk , yet it was by the grants of our kings , & by themselves have by the kings permission appointed door-keepers , but upon any occasion or cause of imprisonment , or punishing any offenders , could find no other means , praesident or way unto it , than to make use of the kings serjeant at arms attending their speaker , who arresteth , and either carrieth them to prison to the tower of london , which is no prison appropriate to matters of parliament , either to the house of peers , who are to consult and advise their soveraign , or the house of commons to assent and obey , ( the tower of london being only the kings prison for special offenders ) and more than ordinary safe custody the marshallsea for the courts of kings-bench , and marshallsea , the fleet for the most of the courts in westminster-hall , that was anciently the kings house or palace , every county or city in england and wales , and the court of admiralty having their particular prisons appertaining to their coercive power subordinate to their king , every prison being alwaies stiled and said to be prisona nostra , or prisona domini regis , the prison for or of the king , whereby to restrain offenders of their liberties , and keep them in the custody of the law until they can be tryed , and give satisfaction to the law so as if there were no other cogent arguments or evidences amongst multitudes of those that in our annals and records , and the whole frame and constitution of our kingly government , to support and justify the soveraignty thereof , that only one of our kings allowing their speaker the attendance of one of their serjeant at arms , with his mass , or mace , as an ensign of royal majesty with a pension for his support and house keeping , and an allowance of large . fees as aforesaid , might be sufficient to proclaim a most certain soveraignty and supremacy in our kings and princes , and none at all in the house of commons , who may do well to take more heed in their ways and incroaching upon regal authority , which in the raigns of king edward the third and king richard the d upon less overt-acts and praesumptions have been accompted and punished as high treason . § . that no impeachment by all or any of the members of the house of commons in parliament , or of the house of peers in parliament , hath , or ever had any authority to invalidate , hinder or take away the power , force or effect of any the pardons of our kings or princes , by their letters patents or otherwise , for high treason or felony , breach of the peace , or any other crime or supposed delinquency whatsoever . for if monarchy hath been by god himself , and the experience of above years and the longest ages of the world approved ( as it hath ) to have been the best and most desirable form of government . and the kingdom of england , as it hath been , for more than years , a well tempered monarchy , and the sword and power thereof was given to our kings only by god that ruleth the hearts of them . the means thereunto which should be the power of punishment and reward , can no way permit , that they should be without the liberty and prerogative of pardoning , which was no stranger in england long before the conquest , in the raign of king athelstane , who did thereby free the nation from four-footed wolves by ordaining pardons to such out-laws as would help to free themselves and others from such villanous neighbours , the laws , of canutus also making it a great part of their business to enjoyn a moderation in punishments ad divinam clementiam temperata to be observed in magistracy , and never to be wanting in the most superior , none being so proper to acquit the offence as they that by our laws are to take benefit by the fines and forfeitures arising thereby , and edward the confessors laws would not have rex regni sub cujus protectione & pace degunt universi , to be without it ; when amongst his laws , which the people of england held so sacred , as they did hide them under his shrine , and afterwards precibus & fletibus obtained of the conqueror , that they should be observed , and procured the observation of them especially to be inserted in the coronation-oaths of our succeeding kings , inviolably to be kept . and it is under the title of misericordia regis & pardonatio , declared , that si quispiam forisfactus ( which the margin interpreteth rei capitalis reus ) poposcerit regiam misericordiam pro forisfacto suo , timidus mortis vel membrorum per dendorum , potest rex ei lege suae dignitatis condonare si velit etiam mortem promeritam ; ipse tamen malafactor rectum faciat in quantumcunque poterit quibus forisfecit , & tradat fidejussores de pace & legalitate tenenda si vero fidejussores defecerint exulabitur a patria . for the pardoning of treason , murder , breach of the peace , &c. saith king henry the first , in his laws , so much esteemed by the barons and contenders for our magna charta , as they solemnly swore they would live and die in the defence thereof , do solely belong unto him , & super omnes homines in terra sua in the fifth year of the raign of king edward the second , peirce gaveston earl of cornwal , being banished by the king in parliament , and all his lands and estate seized into the kings hands , the king granted his pardons , remitted the seizures , and caused the pardon and discharges to be written and sealed in his presence . and howsoever he was shortly after upon his return into england , taken by the earl of warwick and beheaded without process or judgment at law , yet he and his complices thought themselves not to be in any safety , until they had by two acts of parliament in the seventh year of that kings raign obtained a pardon , ne quis occasionetur pro reditu & morte petri de gaveston , the power of pardoning , being always so annexed to the king and his crown and dignity . and the acts of parliament of e. . ca. . e. . ca. . r. . ca. . and r. . ca. . seeking by the kings leave and licence in some things to qualifie it , are in that of r. . ca . content to allow the power of pardoning to belong to the liberty of the king , and a regality used heretofore by his progenitors . hubert de burgh earl of kent , chief justiciar of england , in the raign of king henry the third , laden with envy , and as many deep accusations as any minister of state could lie under , in two several charges in several parliaments , then without an house of commons , had the happiness , notwithstanding all the hate and extremities put upon him by an incensed party , to receive two several pardons of his and their king , and dye acquitted in the estate which he had gained . henry de bathoina a chief justice of england being in that kings raign accused in parliament of extortion and taking of bribes , was by the king pardoned in the fifieth year of the reign of king henry the third , the commons in parliament petitioning the king , that no officer of the kings , or any man , high or low , that was impeached by them , should enjoy his place or be of the kings council . the king only answered , he would do as he pleased . with which they were so well satisfied , as the next year after , in parliament , upon better consideration , they petitioned him , that richard lyons , john pechie , and lice pierce , whom they had largely accused and believed guilty , might be pardoned . and that king was so unwilling to bereave himself of that one especial flower in his crown , as in a grant or commission made in the same year to james botiller earl of ormond of the office of chief justiciar of ireland , giving him power under the seal of that kingdom to pardon all trespasses , felonies , murders , treasons , &c he did especially except and reserve to himself the power of pardoning prelates , ●arls and barons in the first year of the raign of king henry the fourth the king in the case of the duke of albemarle and others , declared in parliament , that mercy and grace belongeth to him and his royal estate , and therefore reserved it to himself , and would that no man entitle himself thereunto . and many have been since granted by our succeeding kings in parliament at the request of the commons ( the people of england in worldly and civil affairs as well ever since , as before , not knowing unto whom else to apply themselves for it . so as no fraud or indirect dealings being made use of in the obtaining of a pardon , it ought not to be shaken or invalidated , whether it were before a charge or accusation in parliament or after , or where there is no charge or indictment ant cedent . the pardon of the king to richard lyons at the request of the commons in parliament , as the parliament rolls do mention , although it was not inserted in the pardon , was declared to be after a charge against him by the commons in parliament , and in the perclose said to be per dominum regem . and a second of the same date and tenor , with a perclose said to have been per dominum regem & magnum concilium . john pechies pardon for whom that house of commons in parliament was said to intercede , only mentioneth that it was precibus aliquorum magnatum . e. . the archbishop of canterbury before the king and lords , humbling himself before the king , desired that where he was defamed through the realm , he might be arraigned before his peers in open parliament : unto which the king answered , that he would attend the common affairs , and afterward hear others . h. . the king at the request of the commons , affirmeth the archbishop of canterbury , the duke of york , the earl of northumberland , and other lords , which were suspected to be of the confederacy of henry percy , to be his true leige-men , and that they nor any of them should be impeached therefore , by the king or his heirs in any time ensuing . h. . the speaker of the house of commons presented a bill on the behalf of thomas brooke against william widecombe , and required judgment against him ; which bill was received , and the said william widecombe was notwithstanding bound in a pound to hear his judgment in chancery . and the many restorations in blood and estate in h. . and by king e. . and of many of our kings may inform us how necessary and beneficial the pardons , and mercy of our kings and princes have been to their people and posterities . the commons accuse the lord stanley in sundry particulars , for being confederate with the duke of york , and pray that he may be committed to prison : to which the king answered , he will be advised . and pardons before indictments or prosecution have not been rejected for that they did anticipate any troubles which might afterwards happen . for so was the earl of shrewsburys in the raign of queen elizabeth for fear of being troubled by his ill-willers for a sudden raising of men without a warrant to suppress an insurrection of rebels . lionell cranfeild earl of middlesex lord treasurer of england , being about the th year of king james , accused by the lords and commons in parliament , for great offences and misdemeanours fined by the king in parliament to be displaced , pay l. and never more to sit in parliament , was in the d year of the reign of king charles the martyr , upon his submission to the king , and payment of l. only , pardoned of all crimes , offences and misdemeanors whatsoever any sentence , act , or order of parliament , or the said sentence to the contrary notwithstanding . for whether the accusation be for treason wherein the king is immediately and most especially concerned , or for lesser offences , where the people may have some concernment , but nothing near so much or equivalent to that of the kings being the supreme magistrate , the king may certainly pardon , and in many pardons as of outlaries , felonies , &c. there have been conditions annexed . ita quod stent recto si quis versos eos loqui voluerit . so the lord keeper coventry in the raign of king charles the martyr to prevent any dangerous questions , touching the receiving of fines and other proceedings in chancery , sued out his pardon . the many acts of oblivion , or general pardon , granted by many of our kings and princes , to the great comfort and quiet of their subjects , but great diminution of the crown revenue did not make them guilty , that afterwards protected themselves thereby from unjust and malicious adversaries . and where there is not such a clause it is always implyed by law in particular mens cases , and until the soveraignty can be found by law to be in the people , neither the king or his people ( who by their oaths of allegiance and supremacy are to be subordinate unto him ) are to be deprived of his haute ex basse justice , and are not to be locked up or restrained by any petition , charge or surmise which is not to be accompted infallible , or a truth , before it be proved to the king and his council of peers in parliament , and our kings that gave the lords of mannors , powers of soke and sake , infangtheif , and outfangtheif in their court barons , and sometimes as large as fossarum & furcarum , and the incident power of pardons and remissions of fine and forfeitures which many do at this day without contradiction of their other tenants enjoy , should not be bereaved of as much liberty in their primitive and supream estates as they gave them in their derivatives . and though there have been revocations of patents during pleasure , of protections and presentations , and revocations of revocations quibusdam certis de causis , yet never was there any revocation of any pardon 's granted where the king was not abused or deceived in the granting thereof . for in letters patents for other matters , reversals were not to be accounted legal , where they were not upon just causes proved upon writs of scire facias issuing out of the chancery , and one of the articles for the deposing of king richard d . being that he revoked some of his pardons . the recepi's of patents of pardon , or other things were ordained so to signifie the time when they were first brought to the chancellour , as to prevent controversies concerning priority or delays , made use of in the sealing of them to the detriment of those that first obtained them . and the various forms in the drawing or passing of pardons as long ago his testibus , afterwards per manum of the chancellour , or per regem alone , per nostre main , vel per manum regis , or per regem & concilium , or authoritate parliamenti , per regem & principem , per breve de privat sigillo , or per immediate warrant being never able to hinder the energy and true meaning thereof . and need not certainly be pleaded in any subordinate court of justice without an occasion , or to purchase their allowance who are not to controul such an act of their sovereign . doctor manwaring in the fourth of sixth year of the raign of king charles the martyr being grievously fined by both houses of parliament , and made incapable of any place or imployment , was afterwards pardoned and made bishop of st. asaph with a non obstante of any order or act of parliament . so they that would have attainders pass by bill or act of parliament to make that to be treason which by the law and antient and reasonable customs of england , was never so before to be believed or adjudged , or to accumulate trespasses and misdemeanors to make that a treason which singly could never be so , either in truth , law , right , reason or justice . may be pleased to admit and take into their serious consideration , that arguments a posse ad esse , or ab uno ad plures , are neither usual or allowable , and that such a way of proceeding will be as much against the rules of law , honour and justice , as of equity and good conscience . and may be likewise very prejudicial to the very ancient and honourable house of peers in parliament , for these and many more to be added reasons , viz. former ages knew no bills of attainder , by act of parliament after an acquittal or judgment in the house of peers , until that unhappy one in the raign of king charles the martyr , which for the unusualness thereof had aspecial proviso inserted , that it should not hereafter be drawn unto examples or made use of as a presid●●t . and proved to be so fatally mischievous to that blessed king himself ▪ and his three kingdoms of england scotland and ireland , as he bewailed in his excellent soliloq●●es , and at his death , his consenting to such an act , and charged his late majesty never to make himself or ●is people , to be partakers of any more such mischief procuring state errors the house of commons if they will be accusers , wherein they may be often mistaken , when they take it from others , and have no power to examine upon oath , wild and envions informations , and at the same time a part of the parliament , subordinate to the king , will in such an act of attainder be both judge and party , which all the laws in the world could never allow to be just . and such a course , if suffered , must needs be derogatory and prejudicial to the rights and priviledges , and judicative power of the peers in parliament , unparallelled , and unpresidented , when any judgments given by them , shall by such a bill of attainder , like a writ of error , or as an appeal from them to the house of commons , be enervated or quite altered by an act of attainder framed by the house of commons , whereby they which shall be freed or absolved by their peers , or by that honourable and more wise assembly , shall by such a back or by-blow be condemned , or if only fined by the house of peers , may be made to forfeit their estates and posterities by the house of commons ; or if condemned in the upper house , be absolved in the lower , who shall thereby grow to be so formidable as none of the peerage , or kings privy-councel shall dare to displease them , and where the dernier ressort , or appeal , was before and ought ever to be to the king in his house of peers , or without , will thus be lodged in the house of commons , and of little avail will the liberty of our nobility be to be tryed by their own peers , when it shall be contre caeur , and under the control of the house of commons . or that the commons disclaiming , as they ought , any power or cognisance in the matters of war and peace , should by a bill of attainder make themselves to be judges and parties against a peer , both of the kings privy council and great council in parliament , touching matters of that nature . for if the commons in parliament had never after their own impeachments of a peer or commoner , petitioned the king to pardon the very persons which they had accused , as they did in the cases of lyons and john pechie , in the year of the raign of king edward the third whom they had fiercely accused in parliament but the year before the objection that a pardon ought not to be a bar against an impeachment , might have had more force than it is like to have . neither would it , or did it discourage the exhibiting any for the future , no more than it did the many after impeachments , which were made by the commons in several parliaments , & kings raigns , whereupon punishments severe enough ensued ; for if the very many indictments and informations at every assizes and quarter sessions in the counties , and in the court of kings-bench at westminster , in the term time , ever since the usurpation and raign of king stephen and the pardon 's granted shall be exactly searched and numbred , the foot of the accompt will plainly demonstrate , that the pardons for criminal offences have not been above , or so many as one in every hundred , or a much smaller and inconsiderable number , either in or before the first or latter instance , before tryal or after , and the pardon 's granted by our kings , so few and seldom , as it ought to be confest , that that regal power only proper for kings , the vicegerents of god almighty , not of the people , hath been modestly and moderately used , and that the multitude of indictments and informations , and few pardon 's now extant in every year , will be no good witnesses of such a causelesly feared discouragement . and it will not be so easily proved , as it is fancied , that there ever was by our laws or reasonable customs an● institution to preserve the government by restraining the prince , against whom and no other , the contempt and injury is immediately committed from pardoning offences against him , and in him against the people to whose charge they are by god intrusted . or that there was any such institution ( which would be worth the seeing if it could be found or heard of ) that it was the chief to be taken care of , or that without it consequently the government it self would be destroyed . to prove which groundless institution the author of those reasons is necessitated ( without resorting , as he supposeth , to greater antiquities ) to vouch to warranty the declaration of that excellent prince , king charles the first of blessed memory , made in that behalf ( when there was no controversie or question in agitation or debate touching the power of pardoning ) in his answer to the nineteen propositions of both houses of parliament , wherein stating the several parts of this well regulated monarchy , he saith , the king , the house of lords , and the house of commons , have each particular priviledges . wherein amongst those which belong to the king , he reckons the power of pardoning , if the framer of those reasons had dealt fairly and candidly , and added the words immediately following , viz. and some more of the like kind are placed in the king. and this kind of excellently tempered monarchy , having the power to preserve that authority , without which it would be disabled to protect the laws in their force , and the subjects in their peace , liberties and properties , ought to have drawn unto him such a respect and reverence from the nobility and great ones , as might hinder the ills of division and faction ; and cause such a fear and respect from the people as might impede tumults and violence . but the design being laid and devised to tack and piece together such parcels of his said late majesties answer , as might make most for the advantage of the undertaker , to take the power of pardoning from the prince , and lodge it in the people , and do what they can to create a soveraignty or superiority in them , which cannot consist with his antient monarchy , and the laws and reasonable customs of the kingdom , the records , annals and histories , reason , common sense and understanding thereof , the long and very long approved usages of the nation , and oaths of allegiance and supremacy of those that would now not only deny but be above it . and would make the king , by some scattered or distorted parts of that answer , mangled and torn from the whole context and purpose of it , to give away those undoubted rights of his crown , for which , and the preservation of the liberties of his people , he died a martyr ; the author and his party endeavouring all they can to translate the assent of the commons required in the levying of money into that of the power of pardoning , and jumbling the words and sense of that royal answer , cements and puts together others of their own to fortifie and make out their unjust purposes , omitting every thing that might be understood against them , or give any disturbance thereunto . and with this resolution the author proceedeth to do as well as he can , and saith , that after the enumeration of which , and other his prerogatives , his said majesty adds thus ; again ( as if it related to the matter of pardoning , which it doth not at all , but only and properly to the levying of money wherein that misinterpreter can afford to leave out his said majesties parenthesis ( which is the sinews as well of peace as war ) that the prince may not make use of this high and perpetual power to the hurt of those for whose good he hath it , and of publick necessity ( which clearly evidenceth that his late majesty thereby only intended that part of his answer to relate to the levying of money ) for the gain of his private favourites and followers to the detriment of his people . whither being come , our man of art or putter of his matters together , finds some words which will not at all serve is turn , inclosed in a royal parenthesis of his late majest● , viz. ( an excellent conserver of liberty , but never intended for any share in government , or the choosing of them that should govern ) but looked like a deep and dangerous ditch which might sowse him over head and ears , if not drown him and spoil all his inventions , and therefore well bethinks himself , retires a little , begins at an excellent conserver of liberty , makes that plural , adds , &c. which is not in the original , fetches his feeze and leaps quite over all the rest of the parenthesis , as being a noli me tangere , dangerous words , and of evil consequence , and having got over goeth on untill he came to some just and considerable expostulations of his late majesty , and then as if he had been in some lincolnshire fens and marshes , is again enforced to leap until he come to , therefore the power legally placed in both houses , is more than sufficient to prevent and restrain the power of tyranny . but not liking the subsequent words of his late majesty , viz. and without the power which is now asked from us , we shall not be able to discharge that trust which is the end of monarchy , since that would be a total subversion of the fundamental laws , and that excellent constitution of this kingdom , which hath made this nation for many years both famous and happy to a great degree of envy , is glad to take his leave with an , &c. and meddle no more with such edge-tools , wherewith that royal answer was abundantly furnished . but looks back and betakes himself to an argument framed out of some melancholick or feverish fears and jealousies , that until the commons of england have right done unto them against that plea of pardon , they may justly apprehend that the whole justice of the kingdom in the case of the five lords , may be obstructed and deseated by pardons of a like nature . as if the pardoning of one must of necessity amount to many , or all , in offences of a different nature committed at several times by several persons ( which is yet to be learned ) and the justice of the nation which hath been safe and flourished for many ages , notwithstanding some necessary pardons granted by our princes , can be obstructed or defeated in a well constituted government under our kings and laws ; so it may everlastingly be wondred upon what such jealousies should now be founded , or by what law or reason to be satisfied , if it shall thus be suffered to run wild or mad . for canutus in his laws ordained that there should be in all punishments a moderata misericordia , and that there should be a misericordia in judicio exhibenda , which all our laws , as well those in the saxon and danish times as since , have ever intended , and it was wont to be a parcel of good divinity , that gods mercy is over all his works , who not seldom qualifies and abates the rigour of his justice . when trissilian chief justice , and brambre major of london , were by judgment of the parliament of the eleventh of king richard the second , hanged and executed , the duke of ireland banished , some others not so much punished , and many of their complices pardoned , the people that did not know how soon they might want pardons for themselves , did not afflict themselves or their soveraign with complaints and murmurings , that all were not hanged and put to the extremities of punishment ; nor was richard earl of arundel , one of the fierce appellants in that matter , vexed at the pardoning of others , when he in a revolution and storm of state was within ten years after , glad to make use of a pardon for himself . king james was assured by his councel that he might pardon sir walter rawleigh , the lord cobham , sir griffin markham with many others then guilty of treason , and the earl of somerset and his lady , for the murder of sir thomas overbury , without any commotion in the brains of the rest of his subjects , some of whom were much disturbed that he after caused sir walter rawleigh to be executed for a second offence upon the score of the former , not at all pardoned , but reprieved or only respited . and therefore whilest we cry out and wonder quantum mutantur tempora , may seek and never find what ever was or can be any necessary cause or consequence , that the five lords accused of high treason , and a design of killing the king , will be sure to have a pardon , if that the pardon of the earl of danby , whose design must be understood by all men rather to preserve him , shall be allowed . nor doth an impeachment of the house of commons virtually , or ever can from the first constitution of it be proved or appear to be the voice of every particular subject of the kingdom ; for if we may believe mr. william pryn , one of their greatest champions , and the records of the nation and parliaments , the commons in parliament do not , or ever did represent , or are procurators for the lords spiritual and temporal , and their numerous tenants and ancient baronies , that hold in capite , nor for the many tenants that should be of the kings ancient demesne and revenues , nor for the clergy , the multitude of copy-holders heretofore , as much as the fourth part of the kingdom , neither the great number of lease-holders , cottagers , &c. that are not free-holders , citizens or tradesmen , nor can all the members of the body politick be equally wounded in their estates or concernments by the vain imaginations , causless fears , and jealousies and bugbears of other seditious or fanciful mens own making . and to men that have not yet proceeded so far in the school of revelation as to be sure of the spirit of prophesie , it may prove a matter of ill consequence that the universality of the people should have occasion ministred and continued to them to be apprehensive of utmost dangers from the crown , from whence they of right expect protection . and a wonder next a miracle , from whence the premisses to such a trembling and timorous conclusion can be fetched , or how a people , whose valiant and wiser fore-fathers were never heretofore scared with such panick fears , nor wont to be affrighted with such phantasmes , should now suspect they can have no protection from the crown , when some of them do at the same time labour all they can to hinder it . or how it should happen in the long rebellious parliament that after mr. chaloner a linnen draper of london , was hanged for plotting a surprize of the city of london , and reducing it to the kings obedience , honest mr. abbot the scrivener should be pardoned without any such discontent and murmuring of the people , or that oliver cromwel should not be debarred of his power , of pardoning in his instrument of government , and be allowed to pardon the lord mordant , for a supposed treason against his usurped authority ; and our king deriving his authority , legally vested in him and his royal ancestors , for more than one thousand years before , may not adventure to do it without the utter undoing and ruine of his subjects in their properties , lives and estates , by his pardoning of some capital offenders : or why it should not be as lawful and conveninent for the king to grant pardons to some other men , as to doctor oates or mr. bedlow . when no histories jewish , pagan or christian , can shew us a people , unless in cases of intollerable villanies , petitioning their kings , that they would not pardon , when all are not like to be saints or faultless , and it will ever be better to leave it to the hearts of kings , and god that directs them , than to believe tyranny to be a blessing , and petition for it . and the most exact search that can be made , when it findeth the commons petitioning in parliament to the king or house of peers , that they may be present at some tryals there , upon their impeachments , cannot meet with any one president where they ever desired , or were granted such a reasonless request , pursued and set on by other mens designs to have one mans tryal had before another , and by strugling and wrestling for it , expose the king and kingdom to an utter destruction . and therefore in those their fond importunities might do well to tarry until they they can find some reason why the lords spiritual may not vote or sit as judges or peers in parliament , in the case of the five lords , as well as of the earl of danby . or any president that it is or hath been according to parliamentary proceedings to have any such vote or request made by the commons in parliament . who neither were or should be so omnipotent in the opinion of hobart and hutton and other the learned judges of england , as to make a punishment before a law , or laws with a retrospect , which god himself did never allow , but should rather believe that laws enacted contrary to the laws of god and morality , or that no aids or help are to be given to the king pro bono publico , or that there should be no customs or prescription , or that the king should be governed by his people , would be so far from gaining an obedience to such laws or acts of parliament as to render them , to be ipso facto null and of none effect . when the king hath been as careful to distribute justice as his mercy , without violence to his laws and well inform'd conscience hath sometimes perswaded him to pardon , to do justice , or to cause it to be done in a legal and due manner , and is so appropriate to the office and power of a king , so annext , appendant and a part of it , as none but his delegates are to intermeddle or put any limits thereunto , and if it should not be so solely inherent in him would be either in abeyance or no where . for the house of commons are not sworn to do justice , and if they were , would in such a case be both judges and parties , and the lords spiritual and temporal are not as to particular proceedings sworn but meerly consultive ; so as justice can vest in none but the king , who is by his coronation-oath only sworn to do it , if his right of inheritance and greater concernments than any of his subjects , did not abundantly ingage and prompt him thereunto ; and is therefore so every way , and at all times obliged to do justice and protect the lives , estates , peace and liberty of his subjects , as he is with all convenient speed and hast to try or bring to judgment , a subject accused of treason by the houses of lords and commons , both or either of them in his court of kings-bench before the justices thereof , or by special commission by a lord high steward in or without the time of parliament . and the king may acquit ( which amounteth to a remission or pardon ) by a more supream authority than any of his judges ( some particular cases wherein appeals are , or may be brought , only excepted ) do ordinarily by an authority derived from no other , not to be debarred by probabilities , or possibilities , or by consequences , not always to be foreseen or avoided . for a man pardoned for man-slaughter , may be so unhappy as in the like manner afterwards to be the death of five or ten more ; rebells pardoned at a time as in the insurrections of wat tyler , jack cade , &c. may be guilty of the like offence , twenty or forty years after : the lord mayor of london that hath an allowance of tolls and profits to take a care of the city and wholsomness of food , might be , as they are , too much careless , and undo them in their health and well being . the judges may as those in the raign of king edward the first , and thorp in the raign of king edward the third , be guilty of mildemeanours , yet that is not to bereave us of that good which better men may do us in their administration of justice , our kings have granted priviledges to certain cities and towns not to pay subsidies , and granted pardons as their mercies and right reason inclined them , in the course of their several raigns for many ages last past , yet have not acquitted or left unpunished all the offenders ever since , there being a greater likelyhood that they would not be so easie in pardoning , where they were to gain so much by attainders , fines and forfeitures and therefore panick and vain fears , such as in constantem virum cadere non possunt , should not be permitted to affright our better to be imployed imaginations , unless we had a mind to be as wise as a small and pleasant courtier of king henry the eighths , who would never endure to pass in a boat under london-bridge lest it should fall upon his head , because it might once happen to do so . our magna charta's and all our laws which ordain no man to be condemned or punished without tryal by his peers , do allow it where it is by confession , outlawry , &c and no verdict . did never think it fit that publick dangers , such as treason should tarry , where justice may as well be done otherwise without any precise formalities to be used therein . for although it may be best done by the advice of the kings greatest council the parliament , there is no law or reasonable custom of england either by act of parliament , or without , that restrains the king to do it only in the time of parliament . when the returns , law-days and terms appointed and fixt , have ever given place to our kings commissions of oyer and terminer , inquiries , &c. upon special and emergent occasions . and notwithstanding it will be always adviseable that kings should be assisted by their greatest council , when it may be had , yet there is no law or act of parliament extant , or any right reason or consideration to bind him from making use of his ordinary council in a case of great and importunate necessity . for cases of treason , felony and trespass , being excepted out of parliament , first and last granted and indulged priviledges by our and their kings and princes , there can be no solid reason or cogent argument to perswade any man that the king cannot for the preservation of himself and his people , in the absence or interval of parliaments , punish and try offenders in cases of treason , without which there can be no justice , protection or government , if the power of the king and supream magistrate shall be tyed up by such , or the like as may happen , obstructions . so that until the honourable house of commons can produce some or any law , agreement , pact , concession , liberty or priviledge to sit and counsel the king , whether he will or no , as long as any of their petitions remain unanswered ( which they never yet could or can ) ( those grand impostors and figments of the modus tenendi parliamenta , and the supposed mirror of justice , being as they ought to be rejected ) when the parliament records will witness that many petitions have , for want of time ( most of the ancient parliaments not expending much of it ) been adjourned to be determined in other courts , as in the case of staunton in e. . and days have been limited to the commons for the exhibiting of their petitions ; the petitions of the corbets depended all the raigns of king edward the first and second , until the eleventh year of edward the third , which was about sixty six years , and divers petitions not dispatched , have in the raign of king richard the second , been by the king referred to the chancellor and sometimes with a direction to call to his assistance the justices and the kings serjeants at law , and the commons themselves have at other times prayed to have their petitions determined by the councel of the king , or by the lord chancellor . and there will be reason to believe that in cases of urgent necessity for publick safety , the king is and ought to be at liberty to try and punish great and dangerous offenders without his great council of parliament . the petitions in parliament touching the pardoning of richard lyons , john peachie , alice peirce , &c and a long process of william montacute earl of salisbury were renewed and repeated again in the parliament of the first of richard the second , because the parliament was ended before they could be answered anno . of king richard the second , john lord of gomenez formerly committed to the tower for delivering up of the town of ardes in that kings time , of which he took upon him the safe keeping in the time of king edward the third , and his excuse being disproved , the lords gave judgment that he should dye , but in regard he was a gentleman and a baronet , and had otherwise well served , should be beheaded , but judgment was howsoever respited until the king should be thereof fully informed , and was thereupon returned again to the tower. king henry the second , did not tarry for the assembling a parliament to try henry de essex , his standard-bearer , whom he disherited for throwing it down and aftrighting his host or disheartning it . e. henry de bello monte a baron refusing to come to parliament upon summons , was by the king , lords and council , and the judges , and barons of the exchequer then assisting committed for his contempt to prison . anno e. . the bishop of winchester was indicted in the kings-bench for departing from the parliament at salisbury . neither did henry the eight forbear the beheading of his great vicar general cromwell , upon none or a very small evidenced treason , until a parliament should be assembled . the duke of somerset was indicted of treason and felony , the scond of december , anno . & . edwardi . sitting the parliament , which began the fourth day of november , in the third year of his raign , and ended the first day of february in the fourth , was acquitted by his peers for treason , but found guilty of felony , for which neglecting to demand his clergy he was put to death . in the raign of king philip and queen mary , thirty nine of the house of commons in parliament ( whereof the famous lawyer edmond plowden was one● ) were indicted in the court of kings-bench , for being absent without license from the parliament . queen elizabeth charged and tryed for treason , and executed mary queen of scots her feudatory , without the advice of parliament , and did the like with robert earl of essex her special favourite , for in such cases of publick and general dangers , the shortest delays have not seldom proved to be fatally mischievous . and howsoever it was in the case of stratford , archbishop of canterbury in the fifteenth year of the raign of king edward the third , declared that the peers de la terre ne doivent estre arestez ne mesnez en jugement , si non en parlement & par leur pairres , yet when there is no parliament , though by the law their persons may not then also be arrested at a common persons suit , they may by other ways be brought to judgment in any other court. and charges put in by the commons in the house of peers , against any of the peers have been dissolved with it . for sir edward coke hath declared it to be according to the law and reasonable customs of england , followed by the modern practice , that the giving any judgment in parliament doth not make it a session , and that such bills as passed in either or both houses , and had no royal assent unto them , must at the next assembly begin again ; for every session of parliament is in law ( where any bill hath gained the royal assent , or any record upon a writ of error brought in the house of peers hath been certified ) is and hath been accompted to have been a session . and although some of this latter quarrelling age have espoused an opinion , too much insisted upon , that an impeachment brought by the house of commons against any one makes the supposed offence , until it be tryed , unpardonable . a reason whereof is undertaken to be given , because that in all ages it hath been an undoubted right of the commons to impeach before the lords any subject for treason or any crime whatsoever . and the reason of that reason is ( supposed to be ) because great offences complained of in parliament , are most effectually determined in parliament . wherein they that are of that opinion may be intreated to take into their more serious consideration , that there neither is , nor ever was , any house or members of commons in parliament , before the imprisonment of king h. . by a rebellous part of his subjects , in the forty ninth year of his raign , or any kind of fair or just evidence for it . factious designing and fond conjectures being not amongst good pa 〈…〉 ots or the sons of wisdom ever accompted to be a sufficient , or any evidence . nor was the house of lords from its first and more ancient original , intituled under their king to a judicative power to their kings , in common or ordinary affairs , but in arduis , and not in all things of that nature , but in quibusdam , as the king should propose and desire their advice , concerning the kingdom and church in matters of treason or publick concernments , and did understand themselves , and that high and honourable court , to be so much forbid by law , ancient usage and custom to intermeddle with petty or small crimes or matters , as our kings have ever since the sixth year of the raign of king edward the first , ordained some part of the honourable house of peers , to be receivers and tryers of petitions of the members of the house of commons themselves and others , directed to the king to admit what they found could have no remedy in the ordinary courts of justice , and reject such as were , properly elsewhere to be determined , with an indorsement of non est petitio parliamenti . which may well be believed to have taken much of its reason and ground from a law made by king canutus who began his raign about the year of our lord , . nemo de injuriis alterius regi queratur nisi quidem in centuria justitiam consequi & impetrare non poterit . for certainly , if it should be otherwise , the reason and foundation of that highest court would not be as it hath been hitherto , always understood to be with a cognisance only de quibusdam arduis , matters of a very high nature concerning the king and the church . but it must have silenced all other courts and jurisdictions , and have been a continual parliament , a goal-delivery or an intermedler in matters as low as court leets , or baron and county courts , and a pye-powder court. and the words of any crime whatsoever do not properly signifie great offences , and that all great offences do concern the parliament , is without a key to unlock the secret not at all intelligible , when it was never instituted or made to be a court for common or ordinary criminals . for the house of commons were never wont to take more upon them than to be petitioners and assenters unto such things as the king by the advice of his lords spiritual and temporal should ordain , and obey , and endeavour to perform them . and an impeachment of the house of commons cannot be said to be in the name or on the behalf of all the people of england , for that they never did or can represent the one half of them , and if they will be pleased to exaimine the writs and commissions granted by our kings for their election , and the purpose of the peoples election , of them to be their representatives , substitutes or procurators , it will not extend to accuse criminals , for that appertained to the king himself and his laws , care of justice and the publick ; for the common people had their inferiour courts and grand juries , assises and goal-deliveries to dispatch such affairs without immediately troubling him or his parliament , and the tenour and purpose of their commissions and elections to parliament , is no more than ad faciendum & consentiendum iis , to obey and perform such things as the king , by the advice of his lords spiritual and temporal , should in parliament ordain . for although where the wife or children of a man murdered shall bring an appeal , the king is debarred from giving a pardon , because by our saxon laws derived from the laws of god , they are not to be disturbed in that satisfaction which they ought to have by the loss or death of the man murdered . yet the publick justice will not be satisfied without the party offending be arraigned and brought to judgment for it , if the party that hath right to appeal should surcease or be bought off , so as an appeal may be brought after or before the king hath indicted , and an auter foitz acquit in the one case will not prejudice in the other , and where the matter of fact comes to be afterwards fully proved , and the appeal of a wife or child of a bastard called filius populi , quia nullius filius , where only the king is heir , cannot vacate or supersede an indictment of the kings . neither is an appeal upon a crime or in criminal matters in the first instance to be at all pursued in parliament , by the statute made in the first year of the raign of king h. . the words whereof are , item for many great inconveniences and mischiefs that often have happened by many appeals made within the realm of england ( to the great afflictions and calamites of the nation , as it afterwards happened by the lancastrian plots and desings in that mischievous appeal in anno . of king richard the second ) before this time ; it is ordained and stablished from henceforth , that all the appeals to be made of things done out of the realm , shall be tryed and determined before the constable and marshal of england for the time being ; and moreover it is accorded and assented , that no appeals be from henceforth made , or in any wise pursued in parliament in any time to come . and therefore that allegation that the house of peers cannot reject the impeachment of the commons , because that suit or complaint of the commons can be determined no where else , will want a better foundation ( an impeachment of the house of commons , in the name of all the people being no other than an appeal to the king in parliament . ) and the suit of such as might be appellants in another place ( being there expresly prohibited ) cannot be supposed to be the concern or interest of all the people deserving or requiring satisfaction , or especially provided for by law to have satisfaction , unless it could by any probability or soundness of judgment be concluded that all the people of england besides wives , children or near kindred and relations ( the necessity of publick justice and deterring examples ) are or should be concerned in such a never to be fancied appeal of the people . and it will be very hard to prove that one or a few are all the people of england , or if they could be so imagined , are to be more concerned than the king , who is sworn to do justice , unless they would claim and prove a soveraignty , and to be sworn to do justice , which though they had once by a villanous rebellion attacked , until oliver cromwel their man of sin , cheated them of it ; for god would never allow them any such power or priviledge , or any title to the jesuits doctrine which some of our protestant dissenters , their modern proselites , have learned of them , that the king , although he be singulis major , is minor universis . and it is no denial of justice in the house of peers to deny the receiving of an impeachment from the house of commons , when they cannot understand any just cause or reason to receive it , and the records , rolls , petitions and orders of parliament will inform those that will be at the pains to be rightly and truly directed by them , that petitions in parliament have been adjourned modified or denied ; and that in the common or inferior courts of justice , writs and process may sometimes be denied , superseded or altered according to the rules of justice , or the circumstances thereof . and our records can witness , that plaintiffs have petitioned courts of justice recedere a brevi & impetrare aliud . and it cannot be said that the king doth denegare justitiam , when he would bind them unto their ancient legal , well experimented forms of seeking it in the pursuing their rights and remedies , & hinders them in nothing but seeking to hurt others and destroy themselves . for justice no otherwise denied should not be termed arbitrary , until there can be some solid reason , proof or evidence for it , when it is rather to be believed , that if the factious vulgar rabble might have their wills , they would never be content or leave their fooling until they may obtain an unbounded liberty of tumbling and tossing the government into as many several forms and methods , as there be days in the year , and no smaller variety of religions . and by the feudal laws , which are the only fundamental laws of our government and english monarchy , those many parts of the tenants that held of their mesne lords in capite , could not with any safety to their oaths and estates authorise any of their elected members of the house of commons in parliament , to accuse or charge any of the baronage of england , in the house of peers in parliament , although every tenant in his oath of vassalage to his mesne lord , doth except his allegiance to the king , and would be guilty of misprision of treason , if he should conceal it by the space of twenty and four hours , and if any of the elected would or should avoid such misprision of treason in the not performance of his duty and oath of allegiance , it would require a particular commission to his own elected members , and is not to have it done by way of a general representation when there is not to be discerned in the kings writ , or in the sureties , or manucaptors matters , or things to be performed , or in the indentures betwixt the sheriff and the electors , and elected any word of representation , or any thing more than ad faciendum & consentiendum iis , to assent and obey , do and perform such things as the king by the advice of the lords in parliament shall ordain , and if they would make themselves to be such representers , were to have a particular and express commission , to charge or impeach any one of themselves or of the house of peers with treason , or any other high misdemeanours . and they must be little conversant with our records , that have not understood that the commons have many times received just denials to their petitions , and that some have not seldom wanted the foundations of reason or justice . that many of their petitions have adopted the concerns and interests of others , that were either strangers unto them , or were the designs of some of the grand nobility who thought them as necessary to their purposes as wind , tide , and sails are to the speeding of a ship into the port or landing-places of their designs . for upon their exhibiting in a parliament in the year of the raign of king henry the sixth , abundance of articles of high treason , and misdemeanours , against william de la poole , duke of suffolk one whereof was that he had sold the realm of england to the french king , who was preparing to invade it . when they did require the king and house of lords that the duke ( whom not long before they had recommended to the king to be rewarded for special services ) might be committed prisoner to the tower of london , the lords and justices upon consultation , thought it not reasonable unless some special matter was objected against him . whereupon the said duke not putting himself upon his peerage , but with protestation of his innocency , only submitting himself to the kings mercy , who acquitting him from the treason and many of the misdemeanours , and for some of them by the advice of the lords , only banished him for five years . and that thereupon when the viscount beaumont in the behalf of the lords spiritual and temporal required that it might be inrolled that the judgment was by the kings own rule , & not by their assent , and that neither they nor their heirs should by this example be barred of their peerage . no protestation appears to have been made by any of the lords spiritual and temporal for or on the behalf of the commons . or by the commons for themselves . so as a different manner of doing justice can neither truly or rationally be said to be an absolute denial of justice , and was never believed to be so by the predecessors of the house of commons in parliament in our former kings raigns , when some hundreds of their petitions in parliament have been answered . there is a law already provided , or let the old law stand , or the king will provide a covenable or fitting remedy . and is not likely if it were , as it is not to be , any arbitrary power , or any temptation or inducement thereunto , to produce any rule or incouragement to the exercise of an arbitrary power in the inferiour courts , when there is none so weak in his intellect , but may understand that different courts have several boundaries , methods and forms of proceedings , and that the kings extraordinary great court and councel in his house of peers , although very just and unarbitrary in their procedures , is so always ready to succour the complaints of people , as it never willingly makes it self to be the cause of it . and cannot misrepresent the house of peers to the king and his people , in the case of mr. fitz harris , or any others , when that honourable assembly takes so much care as it doth to repress arbitrary power , and doth all it can to protect the whole nation from it , and many of the house of commons impeachments have been disallowed by the king and his house of peers in parliament without any ground or cause of fear of arbitrary power , which can no where be so mischievously placed , as in the giddy multitude whose impeachments would be worse than the ostracisme at athens , and so often overturn and tire all the wise men and good men in the nation , as there would be none but such as deserve not to be so stiled , to manage the affairs of the government , subordinate to their king and soveraign . to all which may be added , if the former presidents cited to assert the kings power of pardoning as well after an impeachment made by the commons in parliament , as before , and after an impeachment made by the commons , and received by the lords in parliament , or made both by the lords and commons in parliament , be not not sufficient that of hugh le despenser , son of hugh le despenser , the younger , a lord of a great estate , which is thus entred in the parliament roll of the fifth year of the raign of king edward the third , ought surely to satisfie , that the laws and reasonable customs of england will warrant it . anno e. . sir eubule le strange and eleven other mainprisers , being to bring forth the body of hugh the son of hugh le despenser the younger , saith the record , a respondre au prochein parlement & de ester au droit & affaire ce & de liu en conseil soit ordine & mesuerent le corps le dit hugh devant nostre seigneur le roi countes barons & autres grantz en mesme le parlement & monstrent les l'res patents du roi de pardon al dit hugh forisfacturam vite & membrorum sectam pacis homicidia roborias felonias & omnes transgressiones , &c. dated martii anno primo regni sui et priant a n're seigneur le roi quil le vousist delivrer de las mainprise & faire audit hugh sa grace & n're seigneur le roi eiant regard a ses dites l'res & voilant uttroier a la priere le dit mons'r eble & autres main pernors avant dit & auxint de les prelatz qui prierent molt especialment pur lui si ad comande de sa grace sa delivrance . et voet que ses menpernors avant ditz & chescun d'eux soient dischargez de leur mainprise & auxint & le dit hugh soit quit & delivrers de prisone & de garde yssint & si ho'me trove cause devors lui autre & nest uncore trove quil estoise au droit . and the english translator , or abridger of the parliament records , hath observed that the old usage was , that when any person being in the kings displeasure , was thereof acquitted by tryal or pardon , yet notwithstanding he was to put in twelve of his peers to be his sureties for his good behaviour at the kings pleasure . and may be accompanied by the case of richard earl of arundel in the year of the raign of king richard the second , being appealed by the lords appellant , and they requiring the king , that such persons appealed , that were under arrest , might come to their tryal , it was commanded to ralph , lord nevil , constable of the tower of london to bring forth the said richard earl of arundel , then in his custody , whom the said constable brought into the parliament , at which time the lords appellants came also in their proper persons . to the which earl the duke of lancaster ( who was then hatching the treason which afterwards in storms of state and blood came to effect against the king ) by the kings coommandment and assent of the lords declared the whole circumstances ; after the reading and declaring whereof the earl of arundel , who in anno of that kings raign had been one of the appellants , together with henry earl of derby son of the said duke of lancaster , and afterwards the usurping king henry the fourth against robert de vere , duke of ireland and earl of oxford , and some other ministers of state , under king richard the second , alledged that he had one pardon granted in the eleventh year of the raign of king richard the second , and another pardon granted but six years before that present time . and prays that they might be allowed . to which the duke answered , that for as much as they were unlawfully made , the present parliament had revoked them . and the said earl therefore was willed to say further for himself at his peril ; whereupon sir walter clopton , chief justice , by the kings commandment declared to the said earl , that if he said no other thing , the law would adjudge him guilty of all the actions against him . the which earl notwithstanding would say no other thing , but required allowance of his pardons . and thereupon the lords appellant in their proper persons , desired that judgment might be given against the said earl as convict of the treason aforesaid . whereupon the duke of lancaster , by the assent of the king , bishops and lords , adjudged the said earl to be convict of all the articles aforesaid , and thereby a traytor to the king and realm , and that he should be hanged , drawn and quartered , and forfeit all his lands in fee or fee-tail , as he had the nineteenth day of september , in the tenth year of the kings raign , together with all his goods and chattels . but for that the said earl was come of noble blood and house , the king pardoned the hanging , drawing and quartering , and granted that he should be beheaded ; which was done accordingly . but anno hen. . the commons do pray the reversal of that judgment given against him , and restoration of thomas the son and heir of the said richard earl of arundel . unto which the king answered , he hath shewed favour to thomas now earl , and to others , as doth appear . the commons do notwithstanding pray , that the records touching the inheritance of the said richard earl of arundel , late imbezelled , may be searched for and restored . unto which was answered , the king willeth . and their noble predecessors in that honourable house of peers , the lords spiritual and temporal in parliament long before that , videlicet , in the fifth year of the raign of king edward the third , made no scruple or moat point or question in law , whether the power of pardoning was valid and solely in the king after an impeachment of the lords in parliament , when in the case of edmond mortimer , the son of roger mortimer earl of march , a peer of great nobility and estate , the prelats , counts , barons , & autres gentz du parlement , did in full parliament , as the record it self will evidence , petition the king to restore the said edmond mortimer to his blood and estate , which were to remain unto him after the death of his said father , to whom it was answered by the king in these words ; et sur ce nostre seigneur le roi charge a les ditz prelats , countes & barons en leur foies & ligeance queux ils lui devoient & de puis ce que le piere nostre seigneur le roi que ore est estoit murdre per le dit counte de la marche & person procurement a ce quil avoit mesmes comdevant sa mort que eux eant regarda le roi en tiel cas lui consilassent ce quil devoit faire de reson audit esmon filz le dit counte les queux prelats , countes , barons & autres avys & trete entre eux respondirent a nostre seigneur le roi de common assent que en regard a fi horrible fait comme de murdre de terre & leur seigneur lige quen faist unques ne avoient devant en leur temps ne nes devant venir en le eyde de dieu quils ne scavoient uncore juger ne conseiller ceque seroit affaire en tiel cas . et sur ce prierent a nostre seigneur le roi quils poierent ent aver avisement tanque au proche in parlement la quelle priere le roi ottroia & sur ce prierent outre que nostre siegneur le roi feist au dit esmon sa bone grace a quoi il respond quil lui voloit faire mes cella grace vendroit de lui mesmes . sir thomas de berkeley ( who sir william dugdale in his book of the baronage of england , found and believes to have been a baron ) being called to account by the king , for the murder of his father king edward the second , to whose custody at his castle of barkeley , he was committed , not claiming his peerage , but pleading that he was at the same time sick almost to death at bradely , some miles distant , and had committed the custody and care of the king unto thomas de gourney & william de ocle ad eum salvo custodiendi , and was not guilty of the murder of the king or any ways assenting thereunto et de illo posuit se super patriam , had a jury of twelve knights sworn and impannelled in parliament who acquitted him thereof , but finding that he had committed the custody of the king to the aforesaid thomas de gournay & william de ocle , and that the king extitit murderatus , a further day was given to the said sir thomas de berkeley de audiendo judicio suo in prox . parliamento , and he was in the interim committed to the custody of ralph de nevil steward of the kings houshold . at which next parliament prierent les prelatz , countes & barons a nostre seigneur le roi on the behalf of the said sir thomas de berkeley , that he would free him of his baylor mainprize , whereupon the king charging the said prelats , counts and barons to give him their advice therein : le quel priere fust ottroia & puis granta nostre seigneur le roi de rechef a leur requeste que le dit mons'r thomas & ses mainpernors fusseient delivres & discharges de lure mainprise & si estoit jour donne a dit thomas de estre en prochein parlement , which proved to be a clear dismission , for no more afterwards appeareth of that matter . neither after a fierce impeachment in the said parliament of r. . against thomas arundel archbishop of canterbury and chancellor of england , of high treason , upon which he was by that injured prince condemned and banished , when as the record saith , les dits countz prierent au roi ordenir tiel jugement vers le dit ercevesque come le cas demande & le roi sur ceo recorda en le dit parlement que le dit ercevesque avoit este devant lui en presence de certeines seigneurs & confessor que en la use de la dite commission il sey mesprise & lui mist en la grace du roi surquoi , the judgment was given against the said archbishop , that he should be banished and forfeit all his lands , goods and estate , when in the first year of the raign of the usurping king h. . that archbishop not tarrying long in exile , the minds of the commons became so setled on the prevailing side , that there was so small or no opposition made by them against him , as the duke of york and earl of northumberland , and others of the blood of the said archbishop of canterbury did in parliament pray the king that the said archbishop might have his recovery against roger walden , for sundry wasts and spoils done by him in the lands of the said archbishoprick , which the king granted , and thanked them for their motion . the bishop of exeter chancellor of england at the assembling of the parliament , taking his text out of the prophecy of ezekiel , rexerit unus omnibus , alledging the power that ought to be in soveraign kings and princes whereby to govern , and the obedience in subjects to obey , and that all alienations of his kingly priviledges and prerogatives were reassumable and to be repealed by his coronation-oath , pour quoi le roi ad fut assembler le estatz de parlement a cest faire pour estre enformer si ascun droitz de sa corone soient sustretz ou amemuser a sin que par leur bon advis & discretion tiel remedie puisse estre mis que le roi puisse esteer en sa libertie ou poir comme ses progenitors ont este devant lui & duissent de droit non obstante ascun ordinance au contraire & ainsi le roi as tener , et les governera , whereupon the commons made their protestation , and prayed the king that it might be inrolled , that it was not their intente ou volunte to impeach or accuse any person in that parliament sans congie du roi , and thereupon the chancellor , by the kings command , likewise declared , that nostre seigneur le roi considerant coment plusieurs hautes offenses & mesfaits on t estre faitz par le people de son roialme en contre leur ligeance & l' estat nostre seigneur le roi & la loie de la terre devant ces heures dont son people estiet en grant perill & danger de leie & leur corps & biens & voullant sur ce de sa royalle benignite monstre & fair grace a son dit people a fyn quilz ayent le greindre corage & volonte de bien faire & de leure mieux porter devors le roi entemps avenir si voet & grante de faire & ease & quiete & salvation de son dit people une generalle pardon a ces liges forspries certaines pointz limitez par le samant la suite al partie forspris cyn quont persones queux plaira au roi nomer & tour ceux qui serront empeacher en ce present parlement & dit austre que le dit roi voet que plein droit & justice soyent faitz a chascun de ses liges qui en voilent complandre en cest parlement & ad ordiner & assigner receivers & triers des petitions en cest parlement . and did in pusuance thereof in full parliament excuse , the duke of york the bishop of worchester , sir richard le scroop then living , william late archbishop of canterbury , alexander late archbishop of york , thomas late bishop of exeter , and michael late abbot of walton then being dead , of the execution and intent of the commission made in the tenth year of his raign , as being assured of their loyalty , and therefore by parliament restored them to their good name . and it is more than a little probable that the prelates , counts and barons in that honourable house of peers in parliament , did well understand that the king was a fit , and the only person to petition unto for that pardon , discharge or dismission amounting to a pardon , and did not think it to be either legal or rational to petition the people and their fellow subjects , upon a supposed incredible and invisible soveraignty , no man knows when or how radicated and inherent in them . the decree of the great ahashuerus that raigned from india to ethiopia over one hundred twenty seven provinces , whose laws were holden to be irrevocable , was reversed for the preservation of the jewish nation upon the petition of queen esther , and his holding out his golden scepter unto her . the inquiet people of athens now come enough under a mahometan slavery , would not again wish for draco's bloody repealed laws , without the mercy of a prince to moderate them according to the rules of a prudent and discerning mercy . which made the goodness and wisdom of solomon , so extraordinarily eminent in his determination in the case betwixt the two mothers claiming one child . neither can a people ever be , or so much as think themselves to be in any condition of happiness when their laws shall be inflexible and hard hearted , and there shall be no superior power to allay the rigidness or severity of them . no cities of refuge or asylums to fly unto , upon occasion of misfortunes , which god himself ordained for his chosen people of israel . and therefore when juries may erre or play the knaves , be corrupt , malicious or perjured , and judges mistaken , our judges have in their doubtings stayed the execution until they could attend the king for his determination . whereupon his pardons did not seldom ensue , or a long lease for life was granted to the penitent offender , it being not amiss said by our old bracton , that tutius est reddere rationem misericordiae quam judicii , the saxons in doubtful cases appealed to god for discovery , by kemp or camp , fight , fire or water ordeal , which being now abolished and out of use , requires a greater necessity of the right use of pardoning ; for sir edward coke saith , lex angliae est lex misericordiae , like the laws of scripture wherein mercy is not , opposite unto justice but a part of it , as john . psalm . . jer. . , , , . ezek. . , . and it hath not been ill said that justitia semper mitiorem sequitur partem , for it is known that a judge since his majesties happy restoration , who , were he now living , would wish he had made a greater pause than he did in a case near brodway-hills , in the county of worcester or glocester , where a mother and a son were , upon a seeming full evidence , hanged for the murther of a father , who afterwards when it was too late , appeared to be living . and posterity by the remembrance of matters and transactions in times past , may bewail the fate of some ministers of state , who have been ruined by being exposed to the fury of the people , ( who did not know how or for what they did accuse them ) and left to the never to be found piety or wisdom of a giddy , incensed and inconsiderate accusing multitude , and hurrying on the reasonless or little wit of one another . and consider how necessary it had been for the pious good duke of somerset , in the raign of king edward the sixth to have had his pardon , when at his tryal neither his judges , nor the prevalency of the faction that would have rather his room than his company , nor himself could remember to put him in mind to demand the benefit of his clergy . or how far it would have gone towards the prevention of that ever to be wailed national blood-shedding miseries and devastations , which followed the murthers of the earl of strafford , and archbishop land , if their inno cencies had but demanded and made use of his late majesties pardon . or what reason can be found why a pardon after an impeachment of a particular person by an house of commons in parliament , or an house of peers joyning or consenting therewith , should not be as valid and effectual in law , reason and good conscience . as the very many general pardons and acts of oblivion , which have been granted by our kings and princes to their people for extortions of sheriffs , bayliffs , &c. together with many other misdemeanours , grievances and offences , often complained of in many of our parliaments , as the records thereof will witness , whereby they have acquitted and given away as much of their own just rights and regal revenues to their subjects , then the aids and subsidies , which they have contributed towards their preservation , and in theirs their own , and have been more especially by our late soveraign , who may be truly stiled le deboniere and to have been piger ad paenas ad praemia velox . and whilst we sit by the waters of babylon , and sadly bewail the loss and casting away of our tenures in capite the chariots and horsmen , and the glory and strength of our israel , for a miscalled recompence by an excise before our presbyterian , and common ill rather than commonwealth rebels had to maintain their wicked designs , introduced that dutch devil called the excise upon our half boiled , and half malted ale and beer , making our drink to be as the waters of marah , and in the opinion of our doctors of physick , an especial friend to our now much complained of seldom heard of before that wicked rebellion , the scurvy and one of the most grievous and general burdens , that could be laid upon the common sort of labouring poor people , and those tenures in capite were so essential and high a part of our monarchick government , as all the judges of england did in the raign of king james the first agree and certify that they were so inseparable from the crown of england , as they could not be altered or taken from it by an act of parliament , and that learned and pacifique prince having been much tempted thereunto in his great want of money , by an offer of l. per annum , which was more than the whole profits of the excise upon ale , beer , cider , coffee , &c. all the salaries , cheats , charges and allowances , filchings , lurches and false accompis deducted , could or did amount unto , that kind of revenue being since his late majesties death to be no more than a moyety thereof ; and these tenures in capite were so inherent in the crown of england , as divers of the learned judges of england in their arguments in the exchequer-chamber in the raign of king charles the martyr made no scruple to assert that the tenures in capite were of so high a nature , that they could not be taken away by any act of parliament . and to take away from our kings and princes , the love and honour of the people , as well as they had done the tenures in capite , the nerves and sinews of our monarchick government , it was the especial work and design of those enemies of our former happiness to take away also the honour of his crown and hospitality , and could not think they had done all their work until they had thrown the pourveyance into the bargain of the tenures in capite , which nothing but the value of the kingdom it self could make an equivalent recompence or purchase , and the unhappy contrivers thereof might have put a better value upon it , when in michaelmas term in the third year of the raign of king james the first , all the judges of england did certify that it was a praerogative of the king at the common law , and that all the statutes which have been made to correct abuses in the purveyances took not away the purveyances , but confirmed them . et qui tollit iniquitatem firmat proprietatem & confirmat usum . and all those mischiefs done by one that unhappily might have taken more heed of an assembly , which some flatteringly called the collected wisdom of the nation , when he could not well esteem them so to be , when by fudling , drinking , bribing , and all the base cheats imaginable they had procured themselves to be made members of that much miscalled parliament . and yet after his late majesties miraculous restoration being advanced unto great preferments , and at the last a grand minister of state , did so think well of his own doings , as he publickly at the table of sir harbottle grimston master of the rolls in chancery-lane in the hearing of many worthy persons , sir nicholas strode , john hern esquire , and others , one of them yet living ready to testify it , what a most especial service he had done for the king and kingdom when he was a member in parliament , and known to be the kings sollicitor general by a motion without any the kings privity or direction to dissolve and destroy the tenures in capite , and accept a recompence for them , which serjeant glyn a former grand rebel to his majesty , and after his restauration crept in as the most of them did , and got to be members of parliament , was ready to assist by the offer of a recompence by an excise upon ale , beer , sider , and coffee , a limb of that dutch devil which they had made use of in their rebellion and time of his late majesties , and now majesties persecution . at which the company standing amazed , and sir nicholas strode said , that he should never have fought for the late blessed martyr , or come to his setting up his standard at nottingham if he could have foreseen it , the most of the nation at that time , and almost ever since , verily believing that it had been the folly and evil doing of sir edward hyde the late lord chancellor , afterwards earl of clarendon , and therefore was sufficiently railed upon , cursed and banned for it , and yet he was so faultless and innocent therein , as it can be witnessed by the now earl of clarendon his son lord lieutenant of ireland and lord privy seal in the kingdom of england , that this overbold & presumptuous motion of a servant and councel at law of that unfortunate weather-beaten prince , not being at all informed how or by whom the project came to be first hatched or moved , his late majesty calling together his privy councel , and advising upon that most unhappy proposition , wherein the rebel parliament in february . had made some vote , act or ordinance against the aforesaid tenures under the notion of the court of wards , being but two years before his royal fathers murther , and oliver cromwel had made some act of his worships miscalled parliament some few years after , as it behoved for the destruction of those tenures in capite , when he intended as much as he could to take away the kingship and monarchy , until he could make himself fit to govern a foolish , besotted , rebellious people , they having before not at all made any mention or request to have the said court of wards put down , or the tenures in capite by their high and mighty propositions , nor were any complaints of grievances made thereby , nor in all our parliament records or journals or historians since or before the raigns of king edward the confessor , and william the conqueror , doth there appear to have been any petitions in parliament against them , neither in that as it were intended deposing remonstrance of the th of december . wherein nothing was omitted that might injure or calumniate per fas aut nefas the kings authority or government , there appears to have been nothing against either the tenures in capite or court of wards . and it can be proved that the royal martyr during his imprisonment in the isle of wight , had designed that if ever he came again to his rights , he would upon all his crown or chequer leases reserve some military services , notwithstanding all which his late majesties great want of present money , and some setled revenue , perswaded him to hearken more than otherwise his own great judgment would have done . the earl of radnor was much against their dissolution , alledging that the constitution it self was good , and was not in it self to be cast away by any male-administration : sir geffery palmer was very much for the preservation of the tenures , and so were many other , and the lord chancellor clarendon very much , and so greatly , as he called to the said sollicitor general , and said , will you also put down the pourveyances ? saying with some passion , by god we seem to be against the late commonwealth , and yet are acting for it . and his late majesty was so unwillingly drawn to be in love with that ever to be deplored parliament contrivance to decapitate the monarchy , and not only that , but ireland , and render all the inferiour part thereof , to be in a paralitique or dead palsical over-benummed in its members , as before that act passed , he sent for one mr. darnel , an ancient and experienced clerk and attorney in the court of wards and liveries , to propose some expedient for the regulation of any thing that had been acted amiss in that court , who bringing it unto him in writing , he so much approved thereof , as he took him by the hand , and gave him great thanks , but the fatality of that lamentable attempted alteration of our ancient monarchy , into an anarchy or poliarchy , with , by their good will , a nudum nomen of a metamorphosed monarchy , and that unhappy as aforesaid proposer of it , cannot if he were now amongst the living but remember that after i had written a book to justify the tenures in capite entituled tenenda non tollenda , dedicated to the lord chancellor , but delivered it unto him before the act had passed against them , and not at all imagining that mr. solicitor ▪ general had been so over-active in destroying them , desired him that he would be a means to procure the military services to be reserved , was answered , it could not be done , and yet notwithstanding about a year or two after attending him about some other affairs , he was pleased to say unto me , mr. philipps , do you ever think to write in the tenures in capite again ? unto which i answering , no sir , but i think the child that is yet unborn may rue it , unto which he replyed , so do i also think , or i am of that opinion , which shews , that though he did it without the kings knowledge , and as a special service to be done unto him , did him that great mischief he never intended , and was sorry for it afterwards . but when it was the wisdom of former ages to know what to contend for before they quarrelled , therefore it may be necessary to let the cavalling party understand that there are multitudes of priviledges which are not priviledges of parliament , but truly and properly are the priviledges and properties in their own estates , and they may be kinder to themselves if they will but take a view of such priviledges and properties , as they can call their own . § . of the protection and priviledge granted unto the members of the house of commons in parliament by our soveraign kings and princes , during their attendance and employments in their great councels of parliament according to the tenor and purport of their commissions . could be granted by none but by our kings the original either by grant or permission of all priviledges and liberties enjoyed by their subjects under or in order to their monarchick regal government , a view or prospect whereof well warranted by our laws records , and annals , and from time to time contemporary historians , and experimented rules of right reason may serve to settle and rectifie the ill founded and superstructed fancies and opinions rather than judgments , built thereupon , which like some ignis fatuus , have led many otherwise well meaning people , that heartily hated rebellion , and perjuries , into the bogs , and snares of those very great and pernicious sins against god , and his vicegerents their neighbours and fellow subjects when their so ever much mistaken priviledges of parliament will appear to be no more but temporary , and of no long duration but from one usually short parliament to another when they were petitioned for before they were granted . the finis , end or motives whereof was primarily and principally the kings important occasions of summoning a parliament , and causing them to come thither , and he only was the efficient cause , or causa sine qua non , thereof to protect and keep them from disturbances , whilst they were busy and employed in his service , either in their coming , tarrying or returning . and therefore the members of the house of commons , were so sensible and willing to have those priviledges to be granted unto them , as might be necessary for the affairs wherewith he had intrusted them , as they not dceming any other to be requisite or belonging unto them . and not thinking any more or other priviledges to be requisite for the publick good , were by the kings license for better orderand methods sake , to elect one of their members to be their speaker , and present him unto the king , who very seldom refused him , notwithstanding his usual disabling himself by modest excuses after whose allowance he did in the presence of many of his fellow members make it his and the house of commons special request at that time before , and ever since believed to be pertinent and necessary the priviledge of freedom of access to his majestys person , and freedom from arrest and imprisonment for themselves ; and their moenial servants whilst they according to their duties attended his commands in veniendo , morando , & redeundo , and a third for himself since the miscarriage of an over-busy speaker in the raign of king henry the fourth to be pardoned for his ignorance in case he should speak any thing ignorantly to the displeasure of his majesty , which ought to be kept within their proper limits and bounds , and not let loose to all or any the extravagant interpretations of the roving fancies , either of the vulgar or factious , neither making additions thereunto , or supernumeraries , or as many as they please , by a new art of mutiplication , alchymy , or transmutation , or as if they had purchased th● often beggaring and deluding so called philosophers stone properly enough so stiled from making their sectaries to be as poor as philosophers use to be ) by transmating all that it toucheth into it self , or something like it , and rendring the aforesaid two or three priviledges to be , or , , or : cum multis aliis , there having been an abundance of various sort of priviledges ( not priviledges of parliament ) as well civil as ecclesiastick even to an excess granted by the indulgence of our kings and princes in the great and various concerns of their particular affairs and estates as far as the extent of their fancies could carry them , and therein grew to be something confident , if they could procure some success to warrant it , they might in good time by the help of their never-tyring cavilling tricks and endeavours , accomplish as much as ever the colledge de beaux esprits at paris , or the experiment-mongers of our gresham colledge did hope to do by the transmutation of young blood into old bloodless carcasses which might have done no small mischief to our circulating doctors of physick . and therefore certainly it would be more available , before we hunt our selves out of our loyalty , christianity , religion , wits and estates , to enquire into the natural and true meaning of the word priviledge of parliament , and proprieties , and how far it can carry us into those very different proprieties , and that which we may truly and not fictitiously call our own . wherein the civil law that universal method of the reason of the world in the diffinition and true meaning and intent of priviledges concludeth , that privilegium neque stricte neque nimis large interpretari debet ne gravem aliis jacturam adfert , quando igitur sine quavis gravamine alterius non possunt concedi privilegia proximum est ut cessant cum nimium laedant . et privilegium est quod contra communem civilium ordinatio tenorem propter aliquam naturalis aequitatis rationem certa constituentium authoritate introductum est unde apparet , saith cicero , quod privilegium contra jus naturae vel utilitatem publicam non magis sunt privilegia quam tirannis . privilegia ultra suam propriam naturam non extendi debet , nec ad ea quae neutiquam prima sua origine sunt directa aliquin etiam ad incognita contra intentionem dantis extendi possent quod in jure absurdum est . expressa privilegia a re ex jure proprio majestatis & superioritatis proprie privilegiorum concessio non tantum arguit superioritatem dantis , & inducit subjectionis speciem in persona impetrantis & quidem . ita ut privilegium non subdito concessum regulariter in contractum transeat , sed & soli principi summo & qui regalem dignitatem & potestatem exercendi jura principis quoad subditos suos in suo territorio concessit , competit per l. vinc. ( de his qui a princip . vac . accep . lib. . ) privilegia jus superioritatis stricte & quidem ita interpretari convenit ut semper intelligantur salvo jure superioritatis concessa privilegii , enim interpretatio non debet verti contra autorem ; ita quod per privilegia subditi desinant esse subditi , sed quod tanto magis esse debent subditi cum privilegia proprie non nisi subditis dantur , & quis dubitat eum qui privilegium libertatis accipit leges alterius agnoscere cum privilegium non sit nisi exemptis a jure communi l qui singulare f. de l. and very often confirmed priviledges that have been incroached or usurped may justly come within the compass of that rule also of the civil law much allowed and made use of in our common law. quod ab initio non valet tractu temporis non convalescit . confirmatio ex certa scientia quamvis det robur , non tamen extenditur ad id quod in eo non includebatur secundum bald. sing . in l. . in fin c. interpretatio privilegiorum , ita siat necesse est nec torqueatur , sed facto deserviat neque factum variare oportet ut privilegio respondeat . privilegium debet esse observatum et clarum , michael ant. frances , de veritigati aequivocum nihil operatur p. . in privilegiis mens concedentis attenditur cap. . n. . privilegium transit in contractum ex causa onerosa , fieri dicitur nec revocatur cap. . et et . p. . ex privilegiatis duobus quis sit praeferendis cap . p. . magis privilegiatus praecellere debet ratione dignitatis , privilegium non extendit se ad ea quae de facili concedi non solent ; qualis est derogatio concilii , cap. . n. . non datur res quae not sit cap. . & . & . p. . concessum ex causa ea cessante revocatur etiam si concedens ex alia causa ea concessisset , cap. . n. . p. . revocatur nova causa superveniente , cap. . n. . p. . non datur nisi aliquid particular . concedat , cap. . n. . p. . privilegium & exemptio laedunt jus commune cap. . n. , p. . privilegium ratione scandali revocatur , cap. . n. . p. . and there were priviledges that were more stable , yet no parliament priviledges , such as st pauls was of being a freeman and citizen of rome , bought , as he said , with a great price , and some coloniae & mancipiae had the same laws and priviledges , which rome had , the four great high ways made by the romans in brittain , to keep their souldiers from idleness , as watlinstreet , &c. had great immunities and priviledges , as to have the persons and goods of such as travailed or dwelt therein freed from arrest or distress . et privilegia quae utilitati publicae sunt dannosa strictam interpretationem requirunt quia generaliter quicquid contra jus vel utilitatem publicam in quolibet negotio prefertur non valet l jubeamus . c. des s. ecclesiae . the decree of the great king ahashuerus that raigned from india to ethiopia over provinces , his laws being holden to be irrevocable , were as unto some part of them reversed for the preservation of the jewish nation upon the petition of queen esther , and his holding out his golden scepter to her . and the house of commons themselves did in a parliament in the year of the raign of king richard the second certainly so understand and believe it , when they recommended to posterity their dutiful protestation to their king and soveraign , and request to have it specially inrolled in these words , item les ditz comes fierent protestation devant le roi en plein parlement & ils vurroient monstrer & declarer mesme le jour en plein parlement certeine matieres & articles deus queux ils fierent alors aviser & entre eux accorder nient majus il fust & est leur entent & volunte percongie de nostre seigneur le roy de accuser & empesther persone ou persones a tantes de foiz come leur sembleroit affaire durant le temps de cest present parlement & prierent au roy & lui pleiroit accepter leur dite protestation & quil soit entrer en rolle de parlement de record la quele chose nostre seigneur le roi leur ad ottroie & commanda a destre fait , and did think it not to be unbecoming their duty to require license of the king to charge or accuse any person or persons in that tempestuous parliament nor did beleive that their accusations or impeachments should or ought to be so fatally mortal when in the first year of the raign of king henry the th , by a patched contrivance of the parliament in the raign of king h. . the same commons in parliament desired that the judgment given against the said earl of arundel , whose pardon but a little before had been rejected , might be reversed , and a restoration made of all his lands , estate and evidences . and those their priviledges being but personal and temporary , and after they were allowed by our kings a speaker , which was about the raign of king r. . the house of commons well knowing who was the only donor of them , never fail'd , at the change & allowance of every of their speakers to give him in charge to petition in their behalf unto the king for the same , no other priviledges , being necessary for the aforesaid imployment . upon the violation of any whereof by any of their fellow subjects they did so well understand the extent of those their temporary peculiar and limited priviledges with the obligations of their oaths of allegiance and supremacy , and that it neither appertained unto them , nor was or could be in their power to cause or enforce a better observation thereof , but it was only in the king that granted them , and was to be vouched to warranty , which was in common and ordinary matters very usual in our laws and reasonable customs , and therefore to him only as the grantor and protector of their parliament priviledges and not to themselves the gratitude and acknowledment was only due . and the house of commons until this our present unruly age or century did not adventure to take upon themselves , or endeavour by any pretended authority of their own to punish any the violators of their aforesaid priviledges , but supplicated aid of their kings and princes that were the donors and granters of them . and therefore in the raign of king henry the fourth , it was adjudged , that as the record witnesseth , videtur cur. quod non . for in anno h. . william lark a servant of william wild , burgess of parliament being arrested upon an execution during the parliament , the commons petitioned the king to give order for his discharge , and that no lords , knights , citizens or burgesses , nor their servants coming to the parliament , may be arrested during the parliament , unless it be for treason , felony or breach of the peace . the king granted the first part of the petition , et quant al residue le rei sa avisera . the commons prayed , that edmond duke of somerset , alice poole , the late wife of william poole , duke of suffolk , william bishop of chester , sir john sutton , lord dudley , the lord hastings , james de la barre , one of the kings secretaries , and , or knights and esquires , particularly named , amongst which was thomas kemp clerk of the house of commons ( which the commons themselves and their own clerk had not them found to be either a liberty or priviledge of their own to punish ) might be banished from the king during their lives , and not to come within twelve miles of the court , for that the people do speak evil of them . to which the king answered , he is of his own meer motion contented that all shall depart , unless only the lords , and a few of them whom he may not spare from his presence , and they shall continue for one year to see if any can duly impeach them . in anno h. . the commons made a request to the king and lords , that thomas thorp their speaker and walter roil a member of their house who were in prison , might be set at liberty according to their priviledges . the next day after the duke of york ( who was then a rival for a long time , but after a publick competitor for the crown and president of the parliament ) came before the lords ( not the commons ) and shewed that in the vacation ( of the parliament ) he had recovered damage against the said thomas thorp in an action of trespass by verdict in the exchequer for carrying away the goods of the said duke out of durham house , for the which he remained in execution , and prayed that he might continue therein . wherein the councel of the judges being demanded , they made answer , it was not their part to judge of the parliament which was judge of the law ( wherein surely they might rather have said what they should have most certainly have believed then as sir edward coke did long after that the king was principium , caput & finis parliamenti ) and only said that a general supersedeas of parliament there was but a special supersedeas in which case of special supersedeas every member of the commons house ought to enjoy the same unless in cases of treason , felony , surety , of the peace , or for a condemnation before the parliament . after which the lords determined that the said thomas thorp should remain in execution , and sent certain of themselves to the commons ( who then had so little power to free themselves from arrests and imprisonment , as they could not deliver their own speaker out of prison , but were glad to follow the direction of the king and lords to chuse and present unto the king another speaker ) the which they did , and shortly after certain of the commons were sent to the lords to declare that they had in the place of the said thomas thorp chosen for their speaker thomas charleton esquire . walter clark a burgess of chippenham in the county of wilts being committed to the prison of the fleet for divers condemnations as well to the king as to others , was discharged and set at liberty at the petition of the commons to the king and lords without bail or mainprise . at the petition of the commons william hill , a burgess of chippenham aforesaid being in execution in the kings-bench was delivered by a writ of the chancery saving the plaintiffs right to have execution after the parliament ended . it was enacted by the universal vote and judgment as well of the commons as the lords , that john atwil a burgess for exeter being condemned during the parliament in the exchequer upon several informations at the suit of john taylor of the same city , shall have as many supersedeas as he will until his returning home . king henry . in the case of trewyniard a burgess of parliament imprisoned upon an outlawry after judgment caused him to be delivered by a writ of priviledge upon an action brought against the executors and a demurrer it was resolved by the judges to be legal . george ferrers gent. servant of the king , and a burgesse of parliament , being arrested in london , as he was going to the parliament-house by a writ out of the court of kings bench in execution at the suit of one white for the sum of markes , being the debt of one walden , which arrest being signifyed to sir tho. moyle knight , speaker of the house of commons , and to the knight and burgesses there , an order was made that the serjeant of the mace attending the parliament should go to the compter and demand the prisoner , which the clerks and officers refusing , from stout words they fell to blows , whereof ensued a fray not without hurt , so as the said serjeant was forced to defend himself with his mace , and had the crown thereof broken off by bearing off a stroak , and his servant struck down , which broil drawing thither , the sheriffs of london who did not heed or value the serjeants complaint and misusage so much as they ought , but took their officers parts so as the serjeant returning without the prisoner , informed the speaker of the house of commons how rudely they had entertained him who took the same in so ill part , that they all together , some of whom were the kings privy councel , as also of the kings privy chamber resolved to sit no longer without their burgess , but left their own house and went to the house of peers , and declared by the mouth of their speaker before sir thomas audley knight then lord chancellor and all the lords & judges there assembled , the whole matter ( such no estates they believed themselves to be ) who judging the contempt to be very great , referred the punishment thereof to the order of the house of commons , who returning to their places again , ordered that their serjeant should go to the sheriffs of london to demand the delivery of their burgess without any writ or warrant , albeit the lord chancellor offered to grant them a writ , which they refused , as being of opinion that all commandments and orders of their house by their serjeants only shewing of his mace ( the ensign of their soveraigns authority ) without a writ , would be authority sufficient , but before the serjeant came into london the sheriffs having intelligence how heinously the matter was taken , better bethought themselves , and delivered the prisoner , but the serjeant , according to his command charged the sheriffs to appear the next morrow in the house of commons , bringing with them the clerks of the compter , and the said white was likewise taken into custody , whereupon the next morning the said sheriffs and clerks , together with the said white , appearing , were compelled to make answer without councel , and with the sheriffs , and the said white were committed to the tower of london , and the officers and clerks to newgate , where they remained for some days , and were after delivered , not without the humble suit of the lord mayor of london , and divers of their friends ; but a debate and questions arising in the house of commons , which lasted or days together , how to preserve the debt of the creditor whilst they enjoyed the priviledge of parliament by delivering mr. ferrers out of prison upon an execution , and some being of opinion that it was to be salved only by an act of parliament , and not well agreeing also thereupon the king being advertised thereof , summoned to appear before him the lord chancellor , and the judges and the speaker of the house of commons , and other the gravest persons of that house who after his judicious arguments concerning the extent and warrantableness of the priviledge of parliament , and his own more especially in the granting thereof touching the freedom from arrests ( which all the judges assented unto , none speaking against it ) commended notwithstanding the intention of his houses of parliament to have an act to preserve the creditors debt , who he said deserved to have lost it , the act of parliament was consented unto by the commons , but passed not the house of lords by reason of the sudden dissolution of the parliament . upon the report made by mr. attorney of the dutchy of lancaster chairman or principal of the committee of the house of commons for the delivery of edward smally a servant of mr. hales a member of parliament arrested in execution , that the said committees found no president for the setting at large by the mace ( and if they had , it had but denoted the kings sole authority for that it was his mace and his serjeant at arms that carried it , and none of their mace or serjeant ) any person in arrest but only by writ , and that by divers precedents of record perused by the said committee , it appeareth that ever knight , citizen and burgess of the house of commons in parliament which doth require priviledge , hath used in that case to take a corporal oath before the lord chancellor or lord keeper of the great seal of england for the time being , that the party for whom such writ was prayed was his servant at the time of the arrest made . and thereupon mr. hall was ordered by the house , that he should repair to the lord keeper , and make oath in form aforesaid , and then to proceed to the taking of a warrant for a writ of priviledge for his said servant according to the said report , and it so appears by the journal of the house of commons , and saith mr. elsing , the writ of priviledge being so easy to be had , what needed any petitions to be made by the commons to the king and the lords for the same , and as there is no precedent for this in the times of edward the third , richard d h. . nor h. . so there are none to the contrary . there being then no such opinions as have been since indulged and seditiously enough espoused by some that would go so far beyond truth and reason as to believe that the members of the house of commons that are or shall be , have a charter of ordination , or which is more , of a never to be prov'd commission from an unintelligible power of soveraignty of the people . and a man might wonder himself almost into an extasy or inanition how or by what magical or strange artifice sir edward coke in the latter end of his age and treasury of law and good learning , if he had ever studied and read as he ought to have done the feudal laws , which were our fundamental laws , and the original of our once ( and i hope may be again ) happy government , and might before he came to be over-credulously infected with the impostures of the modus tenendi parliamenta , and mirrour of justice , have well understood that they were no other than those which are and long have been the laws of the britains , saxons , germany , france , and spain , the goths , vandals , and longobards , denmark , norway , sweden , hungary , bohemia , holland , and west freizland , gelderland , savoy , transilvania , silesia , moldavia , walachia , navarre , catalonia , and the republicks of geneva and genoa , kingdoms of naples and sicily , dutchies of lorrain , millian , and florence , with some little small diversities , and that all our multitudes of allowed customs , usages and priviledges by the indulgence of our kings and princes , and their laws , have had no other fountain or original , and should confess that our magna charta , and carta de foresta which were not only some relaxations , liberties and priviledges granted and allowed by our king henry the third , but were expressly granted to be holden of that king his heirs and successors in capite , and that both they and all our acts and ordinances made them to be no other than as their patroni or foundation ; and that our colloquia generalia or magna concilia , or curia , as brodon stiles them now , or for many ages past called parliaments , and even those beneficia and laws were not unknown to the brittains in the time of their valarous and great king arthur , and could tell how when he was a member of parliament in the third year of the raign of king charles the martyr , and one of the most eminent and busy , to name and stile the petition of the lords spiritual and temporal , and commons in parliament assembled , their petition of right , when that which they would there claim to be their rights and liberties , had no right , reason , law , president , true history or record to back or assert what they desired the king to give his royal assent or fiat unto , and was no more the rights of the people truly understood than to desire a liberty to pull down the house or government upon their own heads , carve out their own destruction , and entail it , or as little children left alone in an house with a great fire without any wiser body to regulate or take care of their actions , would deem it to be a brave sport and liberty to play with the fire , until they had set the whole house on fire , and burnt themselves into the bargain ; and if after he had by his practice and study of the common law , which was nothing but our feudal laws , too much forgotten or unknown unto those that would be called our common lawyers , and gaining l. per annum , lands of inheritance , made his boast that he had destroyed the so fixed and established deeds of entail , and the wills and intent of the donors , as nothing of collusion , figments , or other devices , should prejudice , and no gentleman or lover of honour , gentry or families , would ever have had an hand in such a destruction , levelling , clowning , citizening , and ungentlemanning all , or too many of the ancient families of england ; and if he could have lived to have seen or felt the tossing , plundering , and washing in blood three great and flourishing kingdoms , would have wept bitterly and lamented , or with job , have cursed the hour or time of his birth , that he should ever have given the occasion or been instrumental in the promoting or being a contributor unto those very many dire confusions and disasters that after happened ; for if he had well read and weighed the history and records both before , & shortly after the gaining of that act of parliament de tallagio non concedendo , without the consent of the lords spiritual and temporal , and commons in parliament assembled , and how much that great and prudent prince king edward the first , was pressed and pinched , when his important affairs caused his sudden transfrecation by the overpowering party of three of his greatest nobility , viz. bohun earl of hereford and essex constable of england , clare earl of gloucester and hertford , and bigod earl of norfolk earl marshal of england , all whom and their ancestors had been advanced to those their grandeurs by him , and his royal progenitors had so catched an advantage upon him , and were so merciless in their demands , as they not only would not allow him a saving of his jure regis , very usual and necessary , in many of our kings and princes grants as well in the time of parliaments as without , but enforced an oath upon him , which he took so unkindly , as he was constrained shortly after to procure the pope to absolve him of , for that it had been by a force put upon him , ( which a protestant pope might have had a warrant from god almighty so to have done , but did after his return into england so remember their ill usage of him , as he seized their three grand estates , and made the two former so well to be contented with the regaining of his favour , as bohun married the one of his daughters , and clare the other without any portions with an entail of their lands upon the heirs of the bodies of their wives the remainder to the crown , laid so great 〈…〉 fine and ransom upon bigod , the earl marshal , as he being never able to pay it , afterwards forfeited and lost all his great estate , and be all of them so well satisfied with his doings therein , as they were in the th year of his raign glad to obtain his pardon , with a remissimus omnem rancorem ; and they and sir edward coke might have believed that that very prudent prince might with great reason and truth have believed his regality safe enough without a salvo jure regis , when the law and government it self , and the good and interest of every man , his estate and posterity was , and would be always especially concerned in the necessity , aid and preservation of the king their common parent , appointed by god to be the protector of them . and our singularly learned bracton hath not informed us amiss , when he concluded , that rex facit legem in the first place , & lex facit regem in the second , giveth him authority and power to guard that regality which god hath given him for the protection of the people committed to his charge , who are not to govern their king , but to be governed by him , and should certainly have the means to effect it , for how should he have power to do it , or procure his people to have a commerce or trade with their neighbour people or princes , if he as their king had not any , or a just superiority over them , &c. and must not for all that have and enjoy those duties , rights and customs , which not only all our kings royal progenitors , but their neighbour princes , and even bastard and self-making republiques have quietly and peaceably enjoyed , without the aid and assistance of any the suffrage of the giddy rabble , and vulgar sort of the people controuling in their unfixt and instable opinions , those of the lords spiritual and temporal , and the wiser and more concerned part of the people , of which , and the rights and customs due and payable to our kings and princes . sir john davies a learned lawyer in the raign of our king james the first hath given us a learned , full and judicious account which well understood , might adjudge that petition of right to deserve no better an entertainment than the statute of gloucester made in e. . which by the opinion of the judges and lords spiritual and temporal was against the kings praerogative , and contrary to the laws and customs of the realm of england , and ought not to have the force and strength of a statute ; and sir edward coke might have remembred that in the raign of king edward the third , the commons of england did in parliament complain that franchises had for time past been so largely granted by the king , that almost all the land was enfranchised to the great arreirisment & estenisement of the common law ( which they might have called the feudal law ) and to the great oppression of the people , and prayed the king to restrain such grants hereafter , unto which was answered , the lords will take order that such franchises as shall be granted shall be by good advice . and that if by any statute made in the th year of the raign of king edward . it was ordained that no man should be compelled to make any loan to the king against his will , because such laws were against reason , and the franchise of the land , that statute when it shall be found , will clearly also appear to be against our ancient monarchick government fundamentally grounded upon our feudal laws , that our magna charta & charta de foresta , are only some indulgence and qualification of some hardship or rigour of them , that the excommunication adjudged to be by the statute of e. . ca. . and the aforesaid dire anathema's , and curse pronounced in that procession through westminster-hall , to the abbey church of westminster , against the infringers of those our grand charters are justly and truly to be charged upon the violaters and abusers of our feudal laws and ancient form of government , who ought better to assert them , and that the coronation-oaths of all our many kings and princes , swearing to maintain the laws of king edward the confessor , which have for those many ages past so highly satisfied and contented the common people , and good subjects of england , do enjoin no other than our kings and princes strict observation of the feudal laws , and their subjects obedience unto him and them , by their oaths of allegiance and supremacy , and his and their protection of them in the performance thereof , and from no other laws or customs , than the feudal laws have our parliaments themselves derived their original , as eginard secretary unto charles the great or charlemain , who raigned in the year after our blessed saviours incarnation , . consisting of lords spiritual and temporal , if not long before had their more fixt beginning . how then can so grave and learned a professor of our laws , and after an eminent administrator of the laws and justice of the kingdom , so either declare to the world , that he hath not at all been acquainted with our feudal laws , but gained a great estate out of a small , in a government and laws he knew no original thereof , and make many things to be grievances of the people , which are but the kings just rights and authority , and the peoples duty , and their grievances in doing or suffering their duties to be done as if disobedience ( which in our nation hath too often hapned ) were a franchise of the land , and a right to be petitioned for by the people . but howsoever mr. will. pryn being better awake , could be so kind a friend unto the truth , as to give us notice that the abridger of the parl. records left out much of what he should have mentioned , viz. the prelates , dukes , earls , barons , commons , citizens , burgesses & merchants of england , in the parliament petitioned the king not only for a pardon in general , and of fines and amerciaments before the justices of peace not yet levyed in special , but they likewise subjoin a memorable request , saith mr. pryn , omitted by the abridger , that in time to come the said prelates , earles , barons , commons , citizens and burgesses of the realm of england , may not henceforth be ▪ charged , molested nor grieved to make any common aid , or sustein any charge , unless it be by common assent of the prelates , dukes , lords , and barons , and other people of the commons of the realm of england , as a benevolence or aid given to their king in his want of money , wh 〈…〉 h king henry the d. sometimes had , when he went from aboey to abbey declaring his necessities , and king richard the third that murthered his brothers sons to usurp the crown , flattered the people they should no more be troubled with , when it was never 〈…〉 ked before the raign of king henry d or 〈◊〉 , by any of our kings or princes , until the urgent necessities of our blessed martyr , for the preservation of his people caused him once to do it . or such as the imprisoning of some few wealthy men as obstinately refused to lend him 〈…〉 e and small sums of money , because they would force him to call such a reforming and ruining parliament , as that which not long before hapned in anno . or such as their heavily complained of charges levied upon the people by the lord lieutenants or deputy lieutenants in some seldom musters or military affairs , which a small acquaintance with our feudal laws might have persuaded the gentlemen of the misnamed petition of right , to have been lawful , or that some imprisoned were not delivered upon writs of habeas corpus , when there were other just causes to detain them , at least for some small time of advice ; and if they will adventure to be tryed by magna charta , will be no great gainers by it , for magna charta well examined notwithstanding the dissolution of the tenures in capite , is yet ( god be thanked ) holden in capite , and loudly proclaims our feudal laws to be both the king and the peoples rights , and disdains to furnish any contrivances against their kings , who were the only free givers and granters thereof . and the statute of e , . and all or the most of our acts of parliament , do and may ever declare the usefulness of our feudal laws , and that reverend great judge might have spared the complaints of free-quartering of land-soldiers and marriners , or of punishing offenders by martial law , and will hardly find any to commend him or any lawyer for their proficiency in their amassing together so many needless complaints . and that in full parliament , the king then lying sick at sheene , whereof he died ( and divers of the lords and commons in parliament coming unto him with petitions to know his pleasure , and what he would have done therein ) nor no imposition put upon the woolls , woolfels and leather ( having as they might think , as great an opportunity and advantage as the three great barons , bobun , clare and bigod had when they forced the statute aforesaid de tallagio non concedendo upon king edward the first , and would not suffer him to insert his salvo jure regis ) or any the annaent custom of wooll half a mark , and of three hundred woolfels half a mark , and of one last of skins one mark of custom only , according to the statute made in the th year of his raign , saving unto the king the subsidy granted unto him the last parliament for a certain time , and not yet levied . unto which the king gave answer , that as to that , that no charge be laid upon the people without common assent . the king is not at all willing to do it without great necessity , and for the defence of the realm , and where he may do it with reason . for otherwise all monarchies may be made elective , and the will , and great example and approbation of god disappointed , where the subjects and people will not be so careful of their own preservation , as to help their king , when his and their enemy hath invaded the kingdom , and the people may as often as they please change or depose their kings , when they shall resolve to stand still , and not help to aid him as the cursed and bitterly cursed moroz did , and be as wise to their own destruction as the citizens of london were in the late general conflagration of their city , or a foolish fear of breaking magna charta , which could never be proved to have been any cause of it , they would to save and keep unpulled down or blown up ten houses , and save some of their goods , leave that raging and merciless fire to burn twenty thousand houses in their city and suburbs . and it was no bad answer also , that that great and victorious king edward the third ( as sick as he was ) made likewise unto that other part of their petition , that impositions be not laid upon their woolls without assent of the prelates , dukes , earls , barons , and other people of the commons of his realm , that there was a statute already made which he wills that it shall stand in its force . wherein if they could by fraud and hypocritical flatteries have entituled themselves and their faction-mongers , and perswade them to make them the only managers thereof , they will never be able to procure the so often deluded part of the people to believe they would deal any otherwise with them than they have done before , that is , when they gave them stones instead of bread , and scorpions instead of fishes . which petition of right , so called , being read unto the king the second day of june . his answer thereunto was , the king willeth that right be done according to the laws and customs of this realm , and that the statutes be put in due execution , that his subjects may have no cause to complain of any wrong or oppression contrary to their just rights and liberties , to the performance whereof he holds himself as well obliged as of his praerogative , which not giving satisfaction , he was again petitioned for a fuller . whereupon he came in person and made a second answer , that the answer which he had already given them upon a great deliberation appeared in the judgement of so many wise men , that he could not have imagined but that it should have given them full satisfaction , but to avoid all ambiguous interpretations , and to shew them that there was no doubleness in his meaning , and that he was willing to satisfy them in words as well as substance , bad them read their petition and they should have an answer he was sure would please them . which being read by the clerk of the crown , the clerk of the parliament read the kings answer , which was to this effect , that he was sure was full , yet no● more than what he had granted in his first answer , for the meaning of that was to confirm all their liberties , knowing according to their own protestation , that they neither mean nor can hurt his praerogative . and he assured them , that his maxim was , that the peoples liberties strengthen the kings praerogative , and that the kings praerogative is to defend the peoples liberties ; they might see how ready he had shewed himself to satisfie their demands , so as he hath done his part , and therefore if that parliament hath not a happy conclusion , the fault will be theirs he was sure of it . which being reported in the town , so filled the people with joy , as by the parliaments order , the bells and bonefires every where proclaimed the comfort and hopes of a deluded people , little thinking as it afterwards proved , to have their king and defender of their faith and religion , manacled and betrayed into the fatal consequences of a long lasting king and people , destroying parliament-rebellion . and on the last day of that session , his majesty before any bill signed , spake unto both the houses of parliament , and told them , that he owed an accompt of his actions to none but god alone , that it was well known unto many that a while ago the house of commons gave him a remonstrance how acceptable every man might judge , and for the merit he would not call it in question , for he was sure no wise man could justifie it . but since he was certainly informed that a second remonstrance was preparing for him , to take away his poundage and tunnage , one of the chief maintenance of the crown ( a grateful return of his answers to that they without any just title would call their petition of right ) by alledging that he had given away his right therein by his answer unto that petition ; and is so prejudicial unto him , as he is enforced to end this session , some few hours before he meant , he being willing not to receive any more remonstrances , unto which he must give an harsh answer . and since he seeth that even the house of commons , do begin already to make false constructions , to what he had granted in their petition , ( which was in truth rather a claim of his rights than any thing that was their own , ) least it should be worse interpreted in the countrey , he would make a declaration concerning the true intent thereof , the profession of both the houses of parliament , in the time of their hamering their petition , was not to incroach upon his praerogative , ( which appears to be the only design and drift thereof , ) 〈◊〉 〈…〉 ying they had neither intent or power to hurt it , therefore it must needs be conceived , that he hath granted no new but only the ancient liberties of his subjects , ( which understood as they ought to be , neither were to be their liberties or rights , but his own , unless they would petition him , that they might be kings and he their subject ) yet to shew the clearness of his intention , that he neither intends or means to recede from any thing which he hath promised them , he did there declare that those things , which have been done whereby men had some cause to suspect the liberty of the subject to be trenched upon , ( which indeed was the first and true ground of the petition ) shall not hereafter de drawn into example of their prejudice , and in time to come in the word of a king they shall not have the like cause to complain . but as for poundage and tonnage , it is a thing he cannot want , and was never intended by them to ask , never meant he was sure by him to be granted . commanded all that were there to take notice of what he had spoken at that time to be the true intent and meaning of what he had granted unto them in their petition ; but especially the judges , for unto them only under him belongs the interpretation of laws , for none of the houses of parliament joint or separate ( what new doctrine soever may be raised ) have any power either to make or declare a law without his consent . which all the inveigling promising petitioners were wiser than to make any attempt to contradict when they foresaw it not to be possible by any parcel or rule of truth , but made what they thought they had so successfully gained to be an incouragement to proceed to other designs , in making themselves governours of their kings , and to be of their election , when god never gave them any such power or jurisdiction , or appointed our kings to permit their subjects under the colour or pretence of councel , advice and approbation in parliament , to be as helpful to their kings and fellow subjects , as the epheri in sparta were to make it their business to find out as many of the errors in government , and grievances of the people of their own making , and charge the faults upon their kings when they were of the ephori's own making . or by what strain or stretch of wit , or squeezing the word priviledge , those aforesaid parliament priviledges allowed by our kings to the house of commons in parliament , viz. access unto them , freedom of speech , and from arrests during that their imployment could be made to laquey after , or be subservient unto those many their evil designs which after ensued , having no proper or peculiar fixation as to other matters cannot in suo genere be of the nature or kind either of properties or liberties , which are of another sort altogether distinct and separate from them when property , if truth and rectified reason be called to councel signifieth no more , nor was amongst learned or common understanding men accepted or taken to be then that , proprium cum suum cuique est separatum a communitate ita dictum quod maxime prope est proprie peculiare & id quod unius cujusque est maxime prope est quod proprium est graecis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ab 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 species . est etiam proprium stabile perpetuum certum semper propinquum omne quod habemus aut mutuum aut proprium est mutuum quod ad tempus habemus nec postmodum . uno naturali nomine homines appellaremur , jure gentium tria genera esse ceperunt liberi & his contrarium servi & tertium genus qui desierunt esse servi . libertas opponitur servituti libertatem cicero paradoxis definit esse potestatem vivendi , ut velit noster florentinus , ait esse naturalem facultatem quod cuique facere libet infra quod vi aut jure prohibetur & libertas non privata , sed publica res est martianus ad l. si quis ff . de fidei commissi libertas opponitur servituti unde convenire non possunt l. ergo ff . de fide libert . proprium est suum cujusque diciturque quod non est aliis commune proprium sive proprietas quod allodium dicitur propterea quod ejus proprietas solido dominum est neque alteri ejus usu fructus est constitutum . jurisconsulti modo proprietatem solidum modo proprietatem tum usu fructu modo usu fructum proprietati admixtum appellant sit leg . franc . lib. . ca . ut unusquisque ab illo beneficio suam familiam nutritare faciat de sua proprietate propriam familiam nutriat & si deo dante super se et familiam suam aut in beneficio aut in alodio annonam habuerit . and the civil law , that universal law of the world under the sacred and divine can abundantly inform us , that there is amongst the generations of the sons of men not only a directum dominium , but an utile , which made that to be rightly said and believed of the regal or imperial authority , dominium in universis in singulis proprietas . for dominum est jus et potestas re quaquam tum utendi quam abutendi quatenus jure civili permittitur , & usus fructus dissert a solido dominio & usu frictus est d 〈…〉 m plenum quia cum usu fructus cohaeret proprietas nudum quod et dilectum dici potest cum separatum est ab usu fructus § . instit. dominium directum et utile dominii duo esse officia unum disponendi alterum vindicandi per l. in rem aut bart. in l. . de acquirend . dominum . and non est nostrum nisi illa quae oripi non possunt . and a feudatory as a 〈◊〉 in capite , immediate or mediate are no otherwise in respect to their superiors , who first gave or created the 〈◊〉 , which can be no other than usufructs or 〈…〉 ding in the first that gave the lands or 〈…〉 tes . 〈◊〉 〈◊〉 homines liberi et legales homines ad nobiles olim sp 〈…〉 nt ist● 〈◊〉 ●●xime eni●● vulgi pars aliqua servitutis specio coercebatur sit ut 〈◊〉 mancipii non liceret qui vero manumissi assecuti liberta●●● ▪ romanis liberti et libertini inferioribus seculis ingenii di 〈…〉 ur . legalis in jure nostro dicitur qui stat rectus in curia non exlex non utlogatus nec excommunicatus vel infans , sed qui in lege postulet & postuletur hoc sensu vulgare illua in formulis juridicis probi et legales homines hinc legalitas pro conditione illiusmodi l. l. ed. confess . de eo an reus mortis misericordiam ipso tamen malefactor fide jussores de pace & legalitate tuenda , sureties for his good behaviour . francus tenens libero tenens qui terras vel praedia a domino suo libero tenet ass. de clarendon , hovedon , p. . si quis obierit francus tenens haeredes remanent in tali soisina quali pater suus habuit eo had. . page . venerunt in angliam nuncii regis cum literis illius missi ad omnes archiepiscopos barones clericos & francos tenentes . and those our late multipliers of priviledges of parliaments , may consider that proprietates dictae sunt res immobiles quas quis comparat comparare libertates in l. l. longobard . lib. . tit . . . . . ubi proprietas mox alodus dicitur proprietatem adquirere in libro chronic. launsham p. . testamentum hadonidi episcopi caenomanum , villani proprietates mea iscommodiorum quam ta pecunia de anserina et genitrice sua comparavi i 〈…〉 prietates dicuntur res dominicae ac propriae respectu eae 〈◊〉 in beneficium tenebantur tabularum brivat . ca. . cedo aliquid de rebus proprietatis quae mihi per conquestum evenerunt & ca. . de rebus proprietatis nostrae quae ex attractu mihi obvenerunt hinckmarus remensis in epistola ad carolum regem quia ipsi vestri homines et proprietatem et beneficium in regno vestro et in mea parochia habent tradit . fuldensis lib. . trad . . cum alia quae sibi vel proprietatis jure vel beneficiali lege undecunque contingerent filiae suae ubi proprietates opponuntur beneficiis que ad vitam possidebantur , et proprium idem quod proprietas autor quel . datum tibi est de proprio nihil habere charta clodovei apud rover . in reom . page . tam ex munere nostro quam de paterno ●ut proprio , aut de conlato populi seu de quolibet adtracto aliquid auserre pr 〈…〉 at ca. . anno ● . ut omnis liber homo qui . ma●sos v 〈…〉 os de proprio sive de alicujus beneficio habet charta lotharii imp. apud bessuim p. . curtes duas cum suis appendiciis nostris dar●mus praecepto et duos quod alodes nuncupant ejusdem loci incolae , et sua propria . cicero defineth liberty to be potestas vivendi ut velint , at non vivit at v●lit qui juxta sensus carnis suae et cupiditates , sed is solummodo qus vivit juxta rationem , plutarchus et epictetus eandem liberi definitionem , idemque arianus ex epicteto eum dixit liberum esse cui nec impedimentum praeberi possit volenti nec vis inferri volenti . for amongst the too many claimed priviledges to be appertaining to the members of the house of commons when they are assembled in paliament , by vertue only of their kings and princes writs , as hath been before mentioned , there are only these which their speaker petitioned for , for since the dream of the men of st. albans in anno . e. . expounded and managed , as mr. william petitt could think or imagine for his best advantage , not knowing where it was run away from him , and not finding it , and the bold petitions of some of the house of commons in parliament , in the second year of the raign of king henry the th perceiving that he could get no assurance or confirmation of it , by the kings answer thereunto , as their champion hoped that his argument might prove as good as that of the good men of st. albans , and smite the nail on the head , therefore was enforced when he saw the kings answer in the same record to silence it rather than his admirers should understand it , and these claims of fancied priviledges , were so little believed to accord to those their unhappy designs , as there was no more demand or news afterward of them , in all our kings and princes raigns , until the parliament in the scottish league and covenant , with a factious party of our english in the years of our lord , , and . when philip nye a busy factious minister and arch contriver and propagator of rebellion , and some other special commissioners were secretly sent from england , to prepare the intended united rebellion of england and scotland , and put the management thereof into a method , most agreeable to the vizard of their counterfeit religion , and at the first a kind of supplicating rebellion with petitions and remonstrances , in their hands , as well as arms , amunition , and all other warlike offensive and defensive provisions . and if our english parliaments had any such stock of liberties or priviledges proper for members of an house of commons to demand , it can be no less than a wonder extraordinary , where those invisible liberties or priviledges have lurked or lain hid for more than years ever since parliaments or great councels have been holden or kept in england , under our brittish , saxon , danish and norman kings , and the long succession of our many kings and princes until that horrid long lasting rebellion that had its rise in the years aforesaid , and with great store of miseries and desolations continued until now , being about years , and that none of the many speakers ( other than sir john tibetot in the raign of henry . which gave occasion to all the speakers afterwards to crave pardon of the king if they should demand any thing more than was befitting them ) allowed by our kings , and entrusted by the house of commons in parliament in matters of so great weight and concernment as is pretended for the publick good , should so much neglect it since the e. . or the times since succeeding , as at their admission by our kings and princes to demand but two priviledges , when they ought to have asked very many as their well-willers , but no friends unto either loyalty or true religion , do without any grounds of reason and truth desire to have allowed who could hear queen elizabeth give a charge to some of the speakers to inform the members of the house of commons that she would not have them intermedle with matters of church , and commanded the speakers not to receive any such bills if they should be offered , and their then learned speaker sir edward coke durst not adventure to object unto her , his too much at other times adored fictions and fables of the modus tenendi parliamenta , and the mirrour of justice , and a very great misfortune it must needs be to our kings and princes especially , that ever since jack cades rebellion in the later end of the raign of king henry the sixth , they should be only troubled with the discords and troubles in their councels which should be most helpful unto them , which their neighbour kings and princes have not met withal in their like methods and rules of government . the kings of israel were commanded to read the law , which was not then non-scripta , often references were made to the book of the chronicles . the decalogue was written as god had dreadfully pronounced , by moses , and being afterward broken , were wrtten again by the almighty's own finger , the blessed words , commands and examples of our saviour were written by the evangelists , st. pauls epistles , have happily come unto us , not by being not written , but by having been written , the twelve tables fetched from athens and sparta , and brought unto rome , were there hung up aeneis tabulis , and their sibylline books were of great value , our bede , lambard , and somner , have found our saxon and danish laws to have been written , and st. edward the confessors laws were written before they were hid under his shrine , being not different from those that have been afterwards sworn unto by our successive kings and princes at their coronation ; some laws forced from king john , were reduced into his charter at running mede , our magna charta , & charta de foresta freely granted by our king henry the third , and after thirty times confirmed in several parliaments , and ordered to be preserved in all our cathedral churches , did certainly deserve the title of jura scripta . when they might upon a sober and the strictest , not fanatick , rebellious enquiry be well assured that those necessary priviledges of parliament , were not to punish by their power but the kings , the infringers of those priviledges , and that those which by a wicked or unheard of antipolitiques or their impostuting champions or men at arms would have by a new art or trick of jugling the liberties and properties of the people to be priviledges of parliament , may find that the words privilegium , proprietates & libertates never did or can signify any more than such liberties , priviledges and properties in and unto those their own liberties and estates , which for a great part of them had been gained by the favour and indulgence of their kings and princes . and should rather acknowledge that there is and ought to be no small difference betwixt privilegium and beneficium , and that privilegium in alterius praejudicium many times happens to be & beneficium nec in juris communis detrimentum , nec in alterius damnum conceditur , as that certainly was of the admittance of some of the common people to be members of the house of commons in parliament in , or . e. . to be made privy unto the making of such laws , wherein they might be concerned and have an opportunity to petition their kings for redress of any grievances happened unto them . and that concessio privilegiorum partim est expressa , partim tacita ; expressa , quae per concedentem verbis expressis tribuuntur qualia sunt illa quae a principe peculiari rescripto , vel aquovis alio magistratu , vel superiore dantur , vel in volumen legum redacta , ut exempli gratia , privilegia minorum , faeminarum filiorum familias & similia ; tacita sunt quae praescriptione consuetudine vel per sententiam acquiruntur ; in concessione privilegiorum observari debet ne contra jus divinum possumus & morale & ejusque abolitionem quicquam indulgeat vel largiatur , ( which would so have been if the parties supposed to have been priviledged should extend them against their king and gods vicegerent . and it neither was , or could be by any rule of law or right reason , any priviledge granted unto any members of the house of commons in parliament by any of our kings to their speaker , or otherwise that any of our kings and princes should not upon any occasion of high treason , felony , or breach of the peace , personally enter into the house of commons , and cause to be arrested any of the members thereof , when queen elizabeth caused dr. parry , one of their members to be arrested , sitting the parliament , for high treason , and tryed , condemned , and executed for it by sentence of her justices in the court of kings bench at westminster . §. . neither could they claim , or ever were invested by any charter or grant of any of our kings or princes , or otherwise of any such priviledge or liberty , nor was or is in england any law , or usage , or custom that a parliament sitting cannot be prorogued or dissolved as long as any petition therein exhibiteth remained unanswered or not determined . it being never likely to have been so in a well-constituted government of a kingdom built & constituted upon sound & solid principles of truth & right reason as ours of england is , to have either often or always ardua to be considered of , or of those arduorum quaedam most especially concerning the defence of the kingdom and church of eng. which were not only to make an act for the killing of crows , of paving of streets , or that ex se or per se naturally or properly it could be or ever was in any regal government in the earth any law or custom to perpetuate , or everlastingly to hold a parliament , a thing altogether unknown , and unpractised by our english monarchs , who thought it enough at three great festivals in every year , to be attended with their praelates , nobility and grandees , viz. at christmas , easter , and pentecost , and inquire into the state of affairs of the kingdom which many times did occasion as much of advice and conference amounted as to a parliament , some addresses upon home emergencies being then made for remedies of evils , happened or as fires been to be prevented , private petitions seldom interposing , if in the inferiour courts of justice , they might otherwise have redress , for that had been expresly forbidden by a law of king canutus , and those sumptuous feasts , and solemnities being of no longer duration than the festivals themselves . and in so many inferior courts that gave remedies the people had no need to trouble themselves or their kings in parliament with petitions , especially when in the th year of the raign of king h. . a peculiar court was granted by our magna charta , and erected to give remedies to all the peoples actions & complaints not criminal with a lesser charge and attendance in an ordinary and more expedite course , and when they came with petitions proper as they thought for parliaments , they were to be tryed by bishops and barons thereunto by the king appointed , who by the advice of the chancellor , treasurer , justices , and the kings serjeants at law were , if they thought fit to receive them or otherwise to reject them , with a non est petitio parliamenti , and they that were received were many times referred by the king to his privy councel , and sometimes with an adeat cancellariam , and at other times with a farther examination to the justices of the courts from whence the complaints did arise or with a respectuatur per dominum principem , or referred to the judges as against the multitude of attorneys , as in the raign of king henry . and petitions were not seldom answered with there is a law already , or the king will not depart from his right . and when the acts of parliament were made in the th and th years of the raign of king edward . wherein he granted that parliaments should be holden once in every year if need be , the petitions of the people could not avoid the like limitations or tryals of them as the laws required . certain petitions having been exhibited by the clergy to the king , it was agreed by the king , earls , barons , justices , and other wise men of the realm , that the petitions aforesaid be put in sufficient form of law. a time was appointed to all that would exhibit any petitions . the first part of a petition the king granted , and to the rest he will be advised . the commons did pray , that the best of every countrey may be justices of peace , and that they may determine all felonies , to which was answered for the d the king will appoint learned justices they pray , that the s. subsidy may cease . unto which was answered , the king must first be moved ▪ they pray that the king may take the profits of all other strangers livings , as cardinals and others during their lives . unto which was answered , the king taketh the profits and the councel ( the kings privy councel ) hath sent their petitions to the king ( who was then busied in his wars in france . ) the commons did pray , that all petitions which be for the common profit may be delivered in parliament before the commons , so as they may know the indorsement , and have remedy according to the ordinance of parliament , unto which was given no answer . the commons having long continued together to their great costs and mischief , desire answer to their bill ( which in the parliament language signified no more than a petition ) & leur deliverance . the commons petitioned against the falshood of such as were appointed collectors for sacks of wooll . to which was answered , this was answered in the last parliament , and therefore commandment was given to execute the same . and the like answer given ut prius to their petition touching robbers and felons . they pray that all petitions in this present parliament may be presently answered . to which 〈◊〉 answered by the king , after easter they shall be answered . the parliament in anno . e. . began upon monday , but forasmuch as many of the peers and memb 〈…〉 were not come , the assembly required the continuance of the parliament until the th of hillary next following , which was granted . the commons praying the king to grant a pardon for the debts of king john , and king henry the third , for which process came dayly out of the exchequer , the king answered , he will provide answer the next parliament . no parliament being after summoned until anno . of his raign when the lords granting to the king the th sheaf of all the corn of their demesns , except of their bound tenants the th fleece of wooll , and the th lamb of their own store to be paid in two years , and would that the great wrong or male tolt set upon wooll be revoked , and that this grant turn not into a custom . that the keeping of the kings wards lands may be committed to the next of the kin of the same ward . that remedy may be found against such as dying past away their lands to defraud the lords of their wardships . the commons made answer , that they knew and tendered the kings estate , and were ready to aid the same , only to this new device they durst not agree without further conference with their countries , and so praying respite until another time , they promise to travel to their countries . sundry of the lords and commons being not come , the parliament was continued from day to day until the thursday following . the archbishop of canterbury having been in the kings displeasure , humbled himself and desired his favour , and having been defamed , desired his tryal by his peers , to which the king answered , he would attend unto the common affairs and after hear others . a proclamation was made for such as would exhibit any petitions , and a day given therefore . anno e. . the commons pray , that process of outlawry shall be in debt detinue and replevin . to which was answered , the like motion was in the last parliament which had the same answer , and was then reasonably answered . anno . e. . it was agreed that ever petition now exhibited may be by some of the lords considered . the commons pray , that the extracts of greenwax may mention at whose suit such amerciaments were lost in what term , and what plea , and between what parties . to which was answered , let the same be provided the next parliament ( which was not summoned until in anno . e. . ) in anno . of his raign after subsidies granted the commons prayed answers to their petitions , which was granted , after the chancellor had in the name of the king given them great thanks , he willed that such of the commons that would wait on their petitions might so do , and the rest that would might depart , and so the parliament ended . they pray that right may be done to every mans petition . to which the king answered , let that be observed which toucheth every private person , our kings and princes having ever taken time to answer the petitions of their subjects , §. . that in those affairs peculiar only to so great and venerable an assembly which should not be trivial or proper to lower and lesser jurisdictions , assigned for the determining of lesser matters for the publick ease and benefit . our kings and princes have a greater burden and care upon them , as gods vicegerents besides that of parliaments , to manage and take care of the kingdom for the benefit and good of themselves and their people . for our kings and supream magistrates , having many other as well necessary as ordinary , and common affairs to look after , and have regard unto as the care of peace at home and abroad , defence and protection of their people , commerce , intelligence and correspondence , with allies and neighbour princes guard of the seas , and reducing of parliament councels to speedy actions , could not admit a long consult , which in our former and more happy parliament assemblies were seldom above forty days , and many times with lesser periods of time found to be sufficient to dispatch the great and important occasions thereof . for the care of three great kingdoms and a multitude of accidents dayly , hourly , or oftner happening , ordering and disposing competent magistrates and officers therein , observation of their well or ill managing their trusts , rewarding and encouraging the good , and punishment of the bad , with the administration of fit remedies to all that complain of grievances and oppressions committed by or amongst such a multitude of people , with the very great difficulties of keeping peace abroad with neighbour princes , and preserving their own subjects from being injurious to theirs , or receiving wrong from others , may put a prince into a necessity of having in his own person more than argus his eyes , or briareus hands , and give him no , or a very small time of rest , & to ask of god what solomon did when he took upon him the government of israel , being a great people that could not be numbred or counted for multitude , give therefore thy servant an understanding heart to judge the people that he may descern betwixt good and evil , for who is able to judge so great a people ? and with greater reason as being to govern a stubborn and rebellious people , high minded and proud , with the riches gained thereby , many of whom have perplexed and troubled him and themselves with their needless and destructive fears and jealousies , without which the burden would not be so heavy as it is and can never seem light if those fault-finders and quick-silver brained state polititians would but consider how great it is in the dayly exercise of that government , have hitherto made & kept us happy , all which put together , might be enough to load an atlas , and would never be so well done , or prove so effectual for dayly and publick good if they should tarry either for the coming of parliaments , or for long and perpetual ▪ or disagreeing parliaments . and cannot be deemed to be of little moment or concernment if an estimate be taken of the cares , charge and troubles to preserve the publick peace both by sea and land , leagues and alliances , intelligence , correspondence and amity with forraign princes and states , the least breach of peace with whom might disturb our peace and commerce abroad , and transport invasions and war upon us at home , with sending and receiving of embassadors , giving audiences & dispatches to theirs , and sending instructions with ours , besides their sitting in councel with their privy councel , commonly three times in every week of extraordinary concernments , make not some addition thereunto , sundays scarce excepted , and not that day or every day in every week besides can pass , but he is troubled either with petitions for grants or favours , protection from oppressions , and redresses for greivances , either delivered by the petitioners themselves , or by one or both of the two secretaries , or the four magistri supplicationum & libellorum masters , as they are called of requests , who by their monthly turns of waiting , have commonly an audience twice in every moneth , of our kings and princes , who are as the mercy seat upon earth , the pool of bethesda , the asculapius temple , the balm of gilead , asylum sanctuary or refuge to help all the distresses and calamities of their people . and that in all our parliaments since the beginning of the raign of king edward . they have inter their quaedam ardua taken alwaies into their care , not only those of england but of ireland , scotland , gascogney , guernsey , jarsey , and the isles , though they have no burgesses or any other representing for them as england hath had since the th year of the raign of king henry the third , which considered with the many cares of collecting and gathering in his revenue and well ordering of his aerarium or treasury , without which no king or prince can be safe or great , and protect and defend himself and his people from injuries and contempt , which put all together may give gods appointed watchman of our israel , besides their more weighted and occasional business in parliament , scarcely time to slumber or sleep , or enjoy his natural refreshments or divertisements without the addresses and importunities of his almost always wanting and complayning subjects , which they that will be at leisure to peruse all the orders of himself and his privy councel and treasury references upon petitions in the secretary of state and master of the requests books , and the reports and returns thereof , with all that are contained in the patent close rolls , fine and liberate rolls of every year , besides the writs remedial granted out of the chancery , from which no man as our laws say , is to return sine remedio those of the common or ordinary sort in every year amounting to no smaller a number than eighty thousand in a year , which by law were anciently intended not to have been granted but by immediate petitions to the king , howsoever are now dispatched of course , as it hath long been by his majesties not a few subordinate officers , very much to the ease and relief of his people , who have so long enjoyed those benefits and accommodations as those writs of course , without the trouble either of our kings , or their more especial court of parliaments as anciently as king canutus raign , who began his raign in the year of our lord . and from thence so continued until the raign of king john , wherein a writ of novel diseisin is noted in the margin of a roll to be de cursu , ( from whence the cursistors in chancery have taken , and do yet keep their name , not a cursitando , as fleta ( who wrote about the raign of king edward the d . ) terms them juvenes & pedites little lads , who carried and fetcht writs to and from the great seal , but clerici de cursu mentioned in the oath , ordained to be given unto them in parliament in anno . e. . insomuch as when simon de montfort that married the sister of king john , and either his father or himself , had about that time been the destruction of the protestant albigenses and waldenses in france , did in the time of the imprisonment of king h. . and his son prince edward , whom he and his rebellious partners had taken prisoners in the battle at lewes , take an especial care , that in the absence of thomas de cantilupo the kings chancellor , the kings great seal being committed to the trust of ralph de sandwich , keeper of the kings wardrobe , assisted by hugh le despencer justiciar of england , and peter de montfort two special rebels , to be kept until the return of the chancellor , and that the said ralph should seal brevia de cursu , but those which were de praecepto , were to be sealed in their presence . and when that rebellion was afterwards broken , and simon de montfort and the most of his rebel partners were slain at the more fortunate battle at evesham , and the king restored to his regality and rights of government , he and his successors afterward did in all their parliaments enjoy the power and authority of monarchs in their great councels or assemblies of parliament , wherein by reason of their great and important affairs in war a in france , scotland , and wales , they could not be able to be personally present , but summoned and held their no long lasting parliaments by their lieutenants or guardians of the kingdom for the short continuance thereof . § . that our great councels or parliaments , except anciently at the three great festivals , viz. christmas , easter and pentecost , being ex more summoned and called upon extraordinary emergent occasions , could not either at those grand and chargeable festivals , or upon necessities of state or publick weal and preservation ex natura rei continue long , but necessarily required prorogations , adjournments , dissolutions or endings . for extraordinary occasions being not common or ordinary , and the summons or calling of fit and well capacited persons , to those venerable or great councels of parliament , for purposed sometimes especily limitted and declared to be for advice and aid , not in omnibus arduis only , but in quibusdam arduis , concerning the defence of the king , his kingdom and the church , always howsoever declared by the king himself , or such as he appointed , and there being other great and little courts enough in the kingdom to dispatch and administer justice , it could not but put our kings and princes in mind not to trouble their highest court for small and trivial affairs , but to believe that canutus an ancient king of this nation , who began his raign in anno domini . had reason by an express law to prohibit the troubling of him or his parliament , or greatest councel with small matters , when they might with more ease , less delay , expences and attendance , be determined at home , or in their proper courts or places in these words , videlicet , neme de injuria alterius ( regi ) quaeritur nisi quidem in centuria justitiam consequi aut impetrare non potest centuria , autem cominus quisque ut quidem par est intersit aut saltem debito absentiam luat supplicio , and that law might well be said to have been made by that king sapientum concilio , which might occasion the use of receivers and triers of petitions constantly appointed by the king or his house , or councel of peers , until our late times of rebellion and confusion ( that great councel or court , never being intended by our kings or their laws to be a standing , often or continual court for ordinary affairs . the wisdom of our kings and their house of peers , having often rejected and not given any remedies to petitioners , that might more properly be relieved in inferiour courts . for king offa in the year . after the incarnation of our blessed saviour jesus christ had a d . session in his great councel . and therefore as all parliaments have had very urgent and necessary causes of calling and summoning them , by their kings , so they were to have their continuance and duration proportionable to the business and affairs , for which their advice , assent or approbation were required , and even in the ecclesiastical councels , begun as early after the incarnation of our blessed redeemer jesus christ as the year . the many secular businesses , as making of laws , and redressing of grievances , in and by the presence and assistance of our kings , and many of the nobility , continued until the norman conquerour , who separated the ecclesiastical and civil jurisdictions one from the other , and the attendance upon parliaments , were not a little troublesom and chargeable to the spiritual and temporal baronage , and therefore the ancient custom of our saxon kings , was more easy and less burdensom unto the prelates and nobility , when it required their constant and annal attendance upon their soveraign at his court , at the three great feasts of the year , viz. christmas , easter and whitsontide , as the excellently learned sir john spelman hath informed us , where the bishops might give an accompt ( as in so many parliaments which needed no summons , prorogations or adjournments , for it was not to be doubted , but that almost every man might understand when those grand feasts or solemnities began or ended , ) what had been done , or was to be done in their several diocesses , and the earls within their several counties and provinces , of which anciently they had a subordinate government , and were to render accompts thereof . when though not praecisely the very same in number as to the festivals of the year wherein our old king alfred and many of our succeeding kings and princes used to be yearly attended by their bishops , earls and nobility , whereby they might the better often understand the circumvolutions and various accidents in their kingdom , in every year might have some resemblance with that of the great charles or charlemain the hugely ( as eginard who was his principal secretary witnesseth ) powerful , valiant and vertuous king of france , which kings daughter bertha our saxon king ethelbert is said to have married , and at her instance upon the preaching of augustine the monk to have converted himself and all his subjects to the christian faith and religion , and celebrated with great solemnity and magnificence the great festivals of christmas and easter , which with the addition of another being the feast of pentiost , was never omitted to be sumptuously kept by all our succeeding kings until the latter end of the raign of our k. h. the d. the french with great solemnity , holding their parl. or great coun ▪ at their great festivals of christmas & easter . unless any other great affairs caused them to summon those their great councels at other times , which coming after the raign of 〈…〉 . h. . to be laid aside by reason of their many voyages into normandy long lasting & often wars with france or scotland , troubles & discords at home as parliaments especially when after the th year of the raign of king henry the third the attendance upon parliaments was much more troublesom to the commons in parliament after their admissions into that great assembly , though they had their charges and expences in going , tarrying and returning allowed them by king edward the first which was first begun 〈◊〉 mon montfort and his rebellious partners only in 〈◊〉 h. . when the king was their prisoner in the 〈◊〉 two knights of the shire for the county of york , wh 〈…〉 those that were afterwards permitted to be present by 〈◊〉 . edward . in the year of his raign , and in the raign of our succeeding kings did esteem it to be a damage to to them in their other employments , affairs and loss of time , better becoming their capacities until the impressions and effassinations of pride , fear , flattery , ambition and self-interest had within a small time after their aforesaid admission into parliament , incited or inticed them to be packt by roger mortimer earl of march , in the raign of king e. . to grant aids to help to advance his wicked and accursed purposes , as is expressed in one of the articles and charges against the said earl in the th year of the raign of king e. . or to set up for a trade or factory for themselves or their friends , or such as they could purchase as a lamentable experience hath of late years told us . and we find no such doings or factorings before that or . of king henry the d. for king athelstone held a parliament at exeter , and the succeeding saxon and danish kings , summoned and held their parliaments at several places , and dissolved , and met again , as their occasions , and the more weighty and extraordinary affairs of the kingdom required . the norman conquerour , and william rufus , and henry the . other than at their aforesaid grand festivals , did neither restrain themselves to certain times or places , either as to the summoning continuing , proroguing or adjourning of their more than common or ordinary business , which requiring short councels , and an hasty prosecution , or putting into actions what their deliberate advices had resolved upon , could necessarily produce no long continuances , but were not seldom without prorogations or adjournments , as mr. pryn and all our ancient and contemporary writers and historians have plentifully testified . in the th year of the raign of king henry the d . a parliament was called at westminster , where by reason of the frowardness of the archbishop becket , and his suffragan bishops , the king was displeased , and the parliament ended . in the th . year of the raign of that king , he called a general assembly of the bishops and nobility at clarendon , where john of oxford the kings clerk was president of that councel , and a charge was given for the king , that they should call to memory the laws ecclesiastical of his grandfather king henry the st . and to reduce them to writing , which was done , the archbishop and bishops putting their seals thereunto , and taking much against the arch-bishops will their oaths to observe them . in the th year of his raign , a councel of bishops , abbots , earls , barons , both of the clergy and laity was holden at gaynington sub elemosinae titulo vitium rapacitatis , included therein saith walsingham , requiring aid towards the wars of jerusalem , the kings of england and france , resolving to go thither in person , the king of england taking upon him , and wearing the white cross. a parliament was called at nottingham by king richard the first , after his return from his captivity , which continued but four days ; a parliament in . johannis ; a great councel or parliament was holden at london , and adjourned to reading , whither the king not coming at the day appointed , it was three days after adjourned to wallingford . in the raign of king henry the d. his great councels or parliaments , were many times prorogued or adjourned , in whose raign the popes nuncio , summoning the praelates of england to give an aid to the pope , they excused themselves , and alledged that the king was sick , and the arch-bishops and bishops were absent , and that sine iis respondere non possunt nec debent , whereupon the nuncio endeavouring to adjourn that convocation , they refused to come again after summons without the kings license , in h. . a parliament , . a parliament in . a . anno . a th . anno . a th . a parliament in . another in . anno . a parliament , anno . a parliament , anno . a parliament , anno . a parliament , anno . parliaments , anno . a parliament , . a parliament , . a parliament , in . another being called in easter term , which by reason of the absence of some lords , who pretended they were not summoned according to magna charta , was prorogued to michaelmas following , anno . another parliament at london , and for difficulty saith mathew paris , prorogued to st. barnabas day , and thence adjourned to oxford . and thence in the same year adjourned to london , in anno two parliaments were called at london , . a parliament at london , anno . another at marlburgh ( but in truth ) in anno . as appeareth by the parliament roll. there was a parliament at westminster in the third year of the raign of king edward . another anno . one at gloucester anno . another at westminster anno . one anno . . another at acton burnel , and one afterwards in the same year at westminster , another in that year at winchester , another afterward in the same year at westminster anno . two parliaments were holden at westminster , the statute of quia emptores terrarum , quo warranto & fines , seeming to be made at several parliaments or sessions , statutes of vouchers , wast and de defensione juris made in anno . e. . probably made in like manner anno . de his qui ponendi sunt in assisis , and another ut supra de malefactoribus in parcis , the statute of consultation anno . a parliament in anno at london , another at bury , another at salisbury , . at york held at another time a parliament , ●nno . a parliament at westminster , and another anno . for persons appealed , and a parliament wherein were made the articuli super chartas anno . the statute of quo warranto , . a parliament , statutes of conspiracy and maintenance in anno . and in the th year of his raign , before the writ of summons could be executed , sent another writ to adjourn the parliament , and by his writs , prorogued or adjourned some , if not many of those other parliaments . in the th year of the raign of king edward the d . a parliament being summoned to be holden at westminster , it was prorogued before they could meet , and writs were sent to signifie that they need not come . in the th year of his raign , having summoned the earl marshal to be at a parliament , to be holden at winchester , secunda dominica quadragessima prox . futur . and being informed by some of the nobility , that by reason of the shortness of time , they could not sufficiently provide themselves , prorogued the parliament to octabis paschae prox futur . in the printed statute made at lincoln in e. . mr. pulton hath by his modern ph 〈…〉 , mentioned that statute to have been made by the assent of t 〈…〉 〈◊〉 , earls , barons , and other great estates ▪ but the origi●●l record is only prelats , countz , ba 〈…〉 〈◊〉 〈◊〉 . and in e. . it was mistakenly 〈◊〉 by the abridger , that all the estates in full 〈◊〉 ( the king being not with his power of pardoning 〈◊〉 other his rights of soveraignty comprehended 〈◊〉 that notion ) did agree that none of them should retain , sustain , or own any felon , or other common breaker of the law. and the whole estate ( whereof the king was not likely to be one ) moved the king to be gracious to edmond son of the late earl of march , who asked what they would have done , sith king edward the d . was murdered by the procurement of the said earl , they answered for certain lands entailed ; the kings answer was , that the same should be done at his pleasure . in anno e. . the parliament adjourned ( which was done by no other than the king ) because most of the estates were not come . the archbishop of york , and his suffragans , and clergy came , but the archbishop of canterbury and his , did not by reason of the contention betwixt them for superiority of bearing up their crosses , whereby the same was not only a loss of an opportunity for scotland , but also an insupportable charge to the whole estate , saith the erroneous abridger of the parliament records by a new re-assembly , ( which could not be intended of the king , who then was there resident at his palace of westminster , ) to which they were summoned . for the efficient formal and final cause of our parliaments or great councels being vested in our soveraign kings and princes , and in no other solely and incommunicably , none of their subjects did or could ever rightly understand or believe that any of those great councels or parliaments summoned upon great and weighty emergencies of state accidents or dangers which were to be suddenly heeded by preventing or avoiding imminent or impendent evils by their wary and deliberate consults put into a speedy execution , could ever receive a certain and continual fixation , or be obliged thereunto , for that besides the fertility and growth of hydras & innumerable mischiefs and inconveniences , not long ago wofully experimented , it would altogether contradict and be against the nature , reason and being of our kings and princes , summoning or calling of parliaments according to the ancient and laudable constitutions of our nation . it being as unusual as improper , to summon or call parliaments , pro quibusdam arduis , when hannibal is not every day ad portas , but sometimes ruining himself and his army at capua , when our kings have their continuum concilium , private councel and cares in a perpetual watch for the preservation of them and their people , when the ardua are but the well foreseen accidents and dangers likely to happen and fit to be prevented , and it is not pro omnibus arduis , but quibusdam , and the civil law can inform us , that accidens appellatur quod adesse aut abesse potest preter subjecti corruptionem & de donat ante nupt . accidens is defined to be , . quod accidit . . quod inheret subjecto oppositum substantiae . . quod est extra essentiam rei ut neque intra attributa essentialia , neque desinitione essentiali exprimitur . for a fleet of well rigged and furnished ships doth not call a councel , or cause all the commanders , captains and pilots to come on board the admiral for every little storm or quarrel of the winds and seas . nor our generals of an army at land call a councel of war for every small alarm or beating in of the scouts . and our kings without assent or act of parliament have appointed terms or times for the orderly dispatch of law affairs in the distribution of their justice in their many other courts of justice . and our inferior courts baron , and leet and hundreds have been contented with lesser periods . and a standing perpetual parliament either in actu or potentia was never yet known or used in england , when its constitution , writs of summons and usage doth at all times and should declare the contrary . and as extraordinary accidents , dangers and emergences in a kingdom and government , and their greatest concernments are in no wife to be slighted , delayed or neglected , but suddenly endeavoured to be prevented , escaped , avoided or lessened , though it be to no small charge , attendance and trouble put upon the lords spiritual and temporal and members summoned and caused to convene and come from several parts remote or further distant , as in their duty and allegiance they are obliged to attend their soveraign , and come to the general consult of a parliament , so is it to be considered , that the speculator and prorector of our kingdom and nation under god , ( just allowances being always to be made of natural rests and refreshments , and competent care of health ) cannot be master , if he could , of much time , whilst he is to encourage and maintain the publick good of his people , and guard them from any evils or inconveniences which do or might assail them , in his care and distribution of justice in all the complaints and petitions of a numerous and mighty people , in the issuing out of writs , edicts and proclamations , which do every day , and hour in the year , almost imploy his ministers of state and substituted in their several stations and qualifications , sundays , and the grand festivals in every year not always escaping , and the not to be expressed almost perpetual cares of a kingly and monarchick government , largely attested by the many patent , charter and clause , rolls , brevia regis , rescripts , commissions , certioraris , writs of ad quod dampnum inquisitions cum multis aliis in the raigns of our kings and queens , now lodged and preserved in the tower of london , the exchequer , and the treasures thereof , with the records of the other courts , with what else could be rescued from the ravage of war and time , together with the memorials of their secretaries of state , privy councel table books referrences , and the returns thereof , hearings of causes , complaints and orders and redresses thereof , with a necessary inspection and survey in and of all the affairs and conditions of his people , and their well or ill being when the cares of government were so accompted to be an heavy burden for moses in his conduct of an affrighted and oppressed people of israel driven out of egypt with six hundred thousand men on foot , besides women and children with their flocks and herds in their travelling and unsetled condition through the wilderness , towards their hopes in the promised land of canaan , with murmuring enough in the hearing and determining of their suits and complaints one against another , raised in jethro his father-in-law such a compassion of his labour and toil therein , as he told him , he would surely wear away both himself and the people , and therefore councelled him only to reserve hard matters unto himself , and appoint out of the people able men , such as fear god and love the truth , hating covetousness , to judge the people in smaller matters . wherein they that shall rightly consider the cares of kings and princes , and the trouble of preserving and doing good to a far greater number of people ( not seldom as unto too many against their wills ) may think themselves to be happy under the protection of gods vicegerent , and bound to obey with cheerfulness his providence therein , and that it was never intended by our less murmuring and more grateful ancestors , to make perpetual extraordinaries , or a standing court of parliament , which could not fall within the reason , necessity or practise of any good or rational government , and if it could as it never can , must of necessity tear in pieces our happy best established monarchy , and sacrificing it to an inexorable misery , leave our posterities to be tossed and driven in and upon the waters of strife , self-interest and vain imaginations , and in the fear , without any cause of an arbitrary power of our kings , never like to happen over-hastily , and madly run into the arbitrary power of a multitude , or some prevailing party of plundering and pretending reforms amongst them , many of which is and will be the worst of all arbitraries of a rude , ignorant , unreasonable and senseless multitude , with the greatest certainties of miseries , as fatally as inevitably likely to happen . §. . that parliaments or great councels de quibusdam arduis concerniug the defence of the kingdom and church of england neither were or can be fixed to be once in every year or oftner , they being alwaies understood and believed to be by the laws and ancient and reasonable customs of england ad libitum regis , who by our laws , right reason and all our records and annals is and should be the only watchman of our israel , and the only judge of the necessity , times and occasion of summoning parliaments . for notwithstanding that by an act of parliament made in the th year of the raign of king edward . it was accorded that a parliament should be holden once in every year , and more often if need be ; and in an other act of parliament made in the th year of the raign of the aforesaid king edward it is said , that for the maintenance of the articles and statutes ( made in the said parliament of the th ) and redress of divers mischiefs and grievances which dayly happen , a parliament shall be holden as at other times was appointed by a statute , yet the latter act of parliament was but with reference to the former , and that imparted no more than that a parliament shall be holden once in every year , and more often if need be ▪ and howsoever that in the th year of the raign of that king the commons renewed their petition that a parliament might be holden , that knights of the parliament might be chosen by the whole counties , and that the sheriffs might likewise be without brocage in court , the king only answered to the parliament , there are statutes made therefore to the sheriffs , there is answer made to the knights , it is agreed that they shall be chosen by common consent of every county , and in anno primo r. . petitioned the king that a parliament might be yearly holden , in a convenient place to redress delays in suits , and to end such cafes as the judges doubt of , which the consequences after will shew , were only to be at the pleasure and will of the king , as his prudence , care and necessity of himself , and the publick good should necessarily advise if the true interpretation of both those acts of parliament , could , as it never can bear any other signification , for although that which next followed that act of parliament , made in the th year of the raign of that king , was in the next year after , yet that which succeeded that was in anno and not printed . for the parliament was for a few days adjourned , and being after holden at york , was for a short time likewise prorogued , and afterwards the assembly being not come , was adjourned until the th of st. hillary next following at york , and from thence again to a reassembly at the same place , at the end of which re-assembly , the commons had license to depart , and the lords were commanded to attend him the next day , at which time the parliament was dissolved . the duke of cornwal , the kings eldest son as guardian of england , by the kings letters , patents , held the parliament at westminster , and a memorandum made to summon the parliament at the th . of st. hillary next following . and the commons upon the kings demand of an aid , alledge that they cannot agree thereunto without further conference with their countries , pray a respite of time until they return from thence . for that sundry of the lords and commons were not come , the parliament was adjourned for some few days . in regard the commons had so long continued at their great costs and expences , they desire answer of their bills , and a deliverance . lionel duke of clarence the kings son , held the parliament . the parliament for certain causes was adjourned until monday next , after the feast of st. edmond the martyr . after the petitions of the commons not before answered , were read , and answered before the king , lords and commons , the king licensed the commons to depart , and the parliament ended . and although in a parliament holden in anno . e. . ca. . it is accorded that a parliament shall be holden every year , and more often if need be , yet in anno . there being one , there ensued none after until . in . there was one , from thence until . none , in . another , after which none until . after which none until . thence none until . none after until . thence none until . and in that of . were . several sessions , wherein several acts of parliament were made , in annis . & . parliaments were holden , but none afterwards until . thence none until . thence every year until . in which an act was made , that for maintenance of the said articles and statutes in the said years ordained and redress of divers mischiefs and grievances which may happen , a parliament shall be holden every year , as another time was ordained by a statute in e. . cap. . in . & . parliaments were holden , from thence none until . another in . another in . in annis , , , , , , . none , in , , , . and in every year after , during his raign a parliament . , . parliament in one year , in . a parliament , in . one , in , , & . one , in . none , in . one , in . one , in . none , in . one , in . none , and in . one . , , , , . parliaments none in . but in , . & . were parliaments . , , , . were parliaments , but none in . & . in , . parliaments , in . & . none , in , . were parliaments , in , . none , in . one , in . none , in . & . none , in . a parliament , in . none , a parliament in , in . none , in , , & . were parliaments , in . none , in . one , in none , in one . . one , in . none , in . & . were parliaments , in . & . none , in . & . parliaments , in , . & . none , in . one , in . none , in . one , in , & . none , in . one , but in , , , , none , in . one . but parliament , though he lived a few years after . in some part of whose raign . many of the acts of parliament being not to be found , the first that appears amongst the printed acts of parliament , was in the . year of his raign , parliaments were held in that year , and a . in the th . year of his raign , none in the . & . but one in the th . and no more until the th one in the th . and no more until . . and thence none until the . and after every year a parliament until the th . year of his raign , ( in which the like misfortune happened unto the parliament rolls for many years , as it did in the raign of his father king henry the th . ) in , & . there appeareth to have been an act of parliament , and from thence no more until the . and thence a parliament in every year until . and in that year none , but in . and thence every year a parliament until . wherein was no parliament , but in . one . , , , , , , . a parliament in every year . . mar. . sessions , . & . philippi & mar. & , . & . a parliament was in the first year of her raign , and from thence none until . and thence none until . from whence none until . thence to . and afterwards none until . and from thence none until . thence none until . none in . and but one in . none in . one in . thence none until . thence none until . thence none until . . one , in . none , parliaments in , & . none in . & . from . none until . thence none until . in primo caroli regis . in . none , in . & . another . no complaints being in those internals of parliament made for want thereof , and that blessed martyr having granted to the great inconveniences of his regality and necessaries of his monarchicque , more than was fit for his subjects to ask which was dearly after paid for after by many a suffering loyal family in the late long rebellion , did in the granting of the act of parliament the th . day of november , . for a triennial parliament to be holden in every d. year , declare unto them in these words , viz. my lords , and you the knights , citizens and burgesses of the house of commons , you may remember when both houses were with me at the banqueting house at whitehall , i did declare unto you two rocks i wished you to eschew , this is the one of them , and of that consequence that i think never bill passed here in this house of more favour to the subjects than this is , and if the other rock be as happily passed over as this shall be at this time , i do not know what you can ask , for ought i can see at this time , that i can make any question to yield unto , therefore i mention this to shew unto you the sense that i have of this bill , and obligation as i may say that you have to me for it , for hitherto , to speak freely , i have had no great incouragement to do it if i should look to the outward face of your actions or proceedings , and not to the inward intentions of your hearts , i might make question of doing it . hitherto you have gone on in that which concerns your selves to amend , and yet those things that meerly concern the strength of this kingdom , neither for the state , nor my own particular . this i mention , not to reproach you , but to shew you the state of things as they are , you have taken the government almost in pieces , and i may say it is almost off the hinges . a skilful watch-maker to make clean his watch , he will take it asunder , and when it is put together , it will go the better , so that he leave not forth then one pin in it . now as i have done all this on my part , you know what to do on your parts , and i hope you shall see clearly that i have performed really what i expressed to you at the beginning of this pailiament of the great trust i have of your affections to me , and this is the great expression of trust , that before you do any thing for me , that i do put such a confidence in you . which was such an assent to an act of parliament to ruin himself and his monarchy , as never was asked or imposed upon any king or prince , not a vassal unto any prince or republick , or by any king granted unto his subjects , that did not intend to make himself to be either a subject to his subjects , or a fellow subject unto he could not tell who , which that ensnared necessitated , and every where almost betrayed prince , did never intend or think to be rational , or any thing but an oppression and force put upon him by too many of his rebellious subjects , when he was so pinched and surrounded with perils and hazards of the greatest importance , either as to the saving of himself , or his royal posterity and three kingdoms , when the faction of , or , of some ambitious and unquiet spirits backt with a lurking scottish contrived universal rebellion , the villany of some of the unquiet nonconforming clergy , and the bestial ignorance of the rabble had forced him to a condescension of an act of parliament in the year of his raign , that if he did not summon a parliament once in every three years , his chancellor or keeper of the great seal of england , or commissioners thereof upon their oaths after a certain prefixion of daies , and under a penalty to be incapable and suffer such censures as both houses of parliament should inflict , should be obliged to do it , wherein if he or they should in like manner fail , any or more of the house of peers should do it , and cause writs under the great seal of england to issue forth for the summoning of an yearly parliament , all clerks of offices that were used to officiate therein were commanded , under the pain of incapacity and forfeiture of their offices , and such other penalties as that terryfying parliament should ordain , if any sheriff , mayor or bayliff disobeyed , he or they were to suffer the penalties of a praemunire , and the people were to proceed to an election , and send those that they elected to the parliament to be holden once in every year wherein the king was to be personally present , and he or both — houses within the year might adjourn , prorogue or dissolve the same , the house of peers might appoint their own speaker , and the house of commons theirs , the king might nominate by commission one or more to take of the members of the house of commons in parliament the oaths of allegiance and supremacy , and they that refused to be punished by the house of commons , they that sought to disturb or hinder those orders for frequency of parliaments , were to endure the penalties of praemunire , take no benefit by the laws , be incapable of any inheritance , legacy , gift or grant , and be disabled to purchase by themselves or any other , or capable of any office , use , or trust. §. . that all or any of the members of the house of commons in parliament are not properly , or by their original constitution intended or otherwise entituled , or properly , truly , justly , lawfully seized or to be stiled or termed estates , neither are to be so understood or believed to be ; and being to be no otherwise than subject to a temporary election , and by the authority of their kings writs paid their wages and charges , by those that sent and elected them , can have no just or regal right thereunto . for that the title or usage of the word estate cannot bear or carry any other acceptation , interpretation or signification than a party or condition of men elected by a community composed of several sorts of men anciently and originally ( the electors and the sheriffs themselves excepted ) as their procurators or attorneys to be present in parliament ad consentiendum iis , to consent unto , obey and perform such things as the king by the advice of the lords spiritual and temporal should be pleased to ordain . for the word status or estates truly , legally and properly understood either now or anciently , can have or receive no other signification , etymology , interpretation , common use , proper or true understanding or meaning than , status est duplex publicus est dignitatis & honorum l. cognitionem l. . f. de extraordinariis cognitio privatus est hominis conditio ipsum privatum concernens & spectatur in tribus in libertate in civitate in familia l. fin. f. de cap. dim : ideo statum mutare dicitur qui mutat illud jus quod habet in isto casu servi statum non habent cal. . unde dici solet servus caput non habet minsh . statum unde capitis diminutio quod status diminutio meulf . p . statum mutant liberi omnes qui vel ( ivitatem vel libertatem , vel familiae jus amittunt cal. . status personarum conditionem significat sicut ingenui libertini servi cal. . . prat . status dicitur conditio qualitasve personarum qua quis plurimum potest , appellatur in institutionibus jus personarum cal. . gradum pro existimationis & honoris loco usurpari , notum est hinc in gradum reponere est disjectum restituere spieg. prat . gradus in agone literario tres sunt ut doctores legum & seq . baccularii licentiati doctores . status curia comitatus aula regis jacobus de vitriace lib. . pag. . de sapphedino primo die recepit ipsos ( legatos christianorum ) in prima scala de cairon ubi semper est status ejus statutarii sunt magistratus qui statuta odunt , vel horum observationes invigilant , vel secundum ea judicia sua odunt charta annum . infrascripta statuta conscripta per dominos jurisperitos electos per dominos statutarios bulla p. p. data lugduni in m. pastorali eccl. parisiensi lib. . ca. . excommunicatos nuncios , statutarios et scriptores statutorum ipsorum . alia bonifacii . p. p. anno . apud goldastum to . constit . imper. potestates vero consules statutarii & scriptores statutorum praedict . nec non consiliarii locorum ipsorum qui secundum statuta & consuetudines memoratas judicarent , &c. status , statura gregorius taron . lib. . hist. cap. . celsum patriciatus honore donavit , virum procerum statu , in scapulis validum lacerto robustum , &c. mon. sangallensis l. . cap. . de quodam ep. qui cum familiaritate illius animari caepisset in tantam progressus est proterviam , ut virgam auream incomparabilis caroli , quam ad statum suum fieri jussit , feriatis diebus vice baculi ferendam pro episcopali ferula improvidus ambiret . status , sedes , statum facere sedere morari , ethelwerdus lib. . cap. . attamen oppressi lassatu desistunt pugne barbari & sterilem obticient tunc victorie statum . status pro stallo monachorum & cannnicorum in ecclesia galbertus in vita caroli com. flandr . n. . status simul & sedes fratrum dejectae sunt . idem . n. . inter columnas quippe solarii specula & status suos ex scriniorum aggoribus & cumulis scamnorum prostituerant , stephanus tornacensis epist. . assignetis ei statum in choro , sicut habere solet , sedem in capitulo locum in refectorio statutum de installatione canonicorum bononiensium in morinis : assignaturque sibi status in choro secundum qualitatem & capacitatem recepti , & locus in capituli . for they must have no small influence upon the minds and reason of mankind , as well as that which they designed , to have upon the estates of those that would be so credulously foolish as to believe them to be a third estate , to be added unto the former two very ancient estates in times of parliament , viz. the lords spiritual and temporal , and it must be a strong and strange kind of delusion as much or more enchanting than the magicians or southsayers of egypt that could not expound the meaning of pharaohs dreams or far exceed the art of the painter that made zeuxis grapes so very semblable , or like unto them as the birds were made fools , and essayed to eat them , or how should or would be self created estates think themselves to be such estates , when if any such could have been , or ever had been , they must rather have been the estates or such estates that sent them , but not to be such estates , but only as their procurators , attorneys or deputies , or what an efficacious strange art must it be , that could when miracles have been long ago ceased , make a shadow pass for a substance , those that are at home no such estates , but they that were only sent , are no sooner once admitted in parliament , but suddenly and ex se they become parts of that they would call the third estate , when they that sent and helped to make them members of parliament , know of no such grandeur or title bestowed upon them , how , or by whom when they were in drink or fudled at the time of the election , or drinking cheating day of various and senseless bribing , bargaining partialities , shamefully exercised in those our late times of rebellion and confusion ; when some that were electors ( the sheriff of the county being not himself to be elected , but commanded to cause the election fairly to be made of burgesses for cities or towns justly sending knights of the shires , citizens or burgesses to parliament ( not having a freehold estate under forty shillings per annum , is at the same time thrashing in another mans barn , or at plow , or at some dayly servile labour , and neither he or his high-crown-hatted-wife knew of any such honour fallen upon them , or how such an hic or ubique estateship vested in him , or how he that is represented should be less in degree or honour than he that sent and helped him to be elected , and it will be difficulty enough for the third estate asserters to assail them from perjury and treason in their endeavouring to usurp upon their soveraign , and to be coordinate with him , or to free them from the forfeiture of their lands and estates unto their mesne lords . and it is very probable that king henry the third in the year of his raign , and his parliament did not intend to make the common sort of people or smaller part of the nation to be equal with the archbishops , bishops , abbots , priors , earls , barons , and religious men and women , who were by that statute exempt from coming to the sheriffs turn , or being ranked with them as estates ; the sheriffs turns being as sr. edward coke saith ordinarily composed of the bayliffs of lords of manors , servants and other common sort of people , that court having no jurisdiction to try any action other than under forty shillings value . and there could not certainly be a greater parcel of wickedness , credulity and ignorance hardly to be decerned or distinguished , how they or any of their adherents can harbour or give any entertainment to the least embrio or parcel of opinion , that all , or any of the members in the house of commons in parliament , are a third estate when they themselves did so little believe it as in their frequent petitions in parliament unto their kings they could give themselves no greater a title than your pauvrez communs your leiges , and being asked their advice in parliament touching some especial matters , denied to give it themselves , but referred it unto the councel of his lords spiritual and temporal , at another time refused because they had no skill or knowledge in the affairs of peace or war , ( the principal parts of government ) and in the th year of the raign of king edward the third upon that kings demand of an unusual tax upon the common people , as they thought , prayed leave to go into their several counties to consult those that sent , and returned again , with an assent and answer ; and when king henry the fourth appeared to be offended with them , came sorrowfully before him , and humbly begged his pardon , could not as it appears in several of our parliament records , when the protection of themselves their posterities and estates were deeply concerned , give their kings and princes any aids or subsidies without the consent of the lords spiritual and temporal , that in the raign of king henry the fourth could not protect sir thomas hexey one of their members from an accusation and punishment by the king , that in the raign of king henry the sixth could not support their own clerk , and in the raigns of several of our kings have been enforced to pray aid of them by their writs out of their chancery to protect themselves and moenial servants in time of parliaments . that queen mary caused . of their members to be indicted in the court of kings bench for being absent from parliament , wherein none of them though plowden a very learned lawyer was one , durst adventure to plead or insist upon any their pretended soveraignty of parliament , or that they were a third estate or part thereof , that queen elizabeth one of the greatest and most vertuous of princess that ever weilded a scepter , and sate in our english throne could upon no greater an offence of bromley and welsh two of the knights of the shire for the county of worcester then endeavouring to petition the house of the lords to joyn with them to supplicate her majesty to declare her successor , did forbid them to go to the parliament , but keep their chambers , and shortly after committed them prisoners in the tower of london , and did not long after , sitting the parliament , arraign and try in her court of kings-bench for high treason doctor parry a member of parliament , and caused him to be drawn , hanged and quartered , and may read that in r. . in an act of parliament made against provisions at rome under a penalty of praemunire the commons by the name of the commons of england three times repeated not stiling themselves a third estate , petitioned the king that the estates , viz. the lords spiritual and temporal ( herein acknowledging the praelates to be of great use to the king ) might declare their resolutions to stand to and abide by the king ; and had never presumed so high as publickly to print and declare that the soveraignty is inherent and radicated in the people , if they had not plundered or sequestred the devils library of hellish inventions , tricks and new found devices , or met with some manuscript of them at some auction , a trick of trade newly found out by the stationers . and likewise prayed the king , and him require by way of justice , that he would examine the lords spiritual and temporal severally , and all the estates in parliament , to give their opinion in the cases aforesaid , whereupon the said archbishops , bishops , and praelates being severally examined , made their protestations that they could not deny or affirm that the pope had power to excommunicate or translate bishops or praelates , but if any such thing be done by any , that it is against the kings crown and dignity . and the lords temporal being severally examined , answered , that the matters aforesaid were clearly in derogation of the kings crown and dignity . and likewise the procurators of the lords spiritual being severally examined , answered in the name and for their lords as the bishops had done , whereupon the king by the assent aforesaid , and at the request of the commons did ordain and enact the said statute of praemunire . and might be assured that in holland & the united provinces the chief of the confederate estates with those that represent the reistres schaff or nobility do usually sit at the hague in holland , & many times go home or send to the towns and places they represent to receive their orders or approbation , who sometimes send their deputies unto the estates at the hague with their resolutions , so as there is a wide and great difference betwixt those which our ambitious high-minded parcel of people that would be called estates , and those that are the true and real estates of the principality of ghelders and county of zutphen , earldoms and counties of holland , zealand , utrecht , and friziss , omland , and the eu , and lovers , who did so unite and confederate themselves together with all those that would allye and unite with them , as they promised not to infringe or break any of each of their priviledges or immunities ( which our members of the house of commons in parliament have largly done , by ejecting , turning out and imprisoning one another , putting others in their places , and making them receive their illegal sentences and unjust judgments upon their knees ) neither shall raise or make any taxes or imposts upon each other without general consent ( which ours would be so stiled estates , have as largely done , as millions of english money have amounted unto ) and in case any thing be done to the contrary , it shall be null and void , the lords lieutenants and governors of the said several provinces and stadtholders thereof , and all the subordinate magistrates and officers should from time to time take their oaths to perform the same , and the governors of the cities , towns & places in the said united provinces do in especial cases send unto their stadtholders their assent or ratifications before any thing be acted , which our pretending third estates did not do , when they arraigned and murdered their king at the suit of the people , when that blessed martyr king charles the first asserted that they were not a tenth part of the people , and he might truly have said that there were not above one in every of the deluded people of many millions of his subjects ( cromwels souldiers and army , and the murdering judges only excepted ) and not all of them neither that desired his death , or being so wickedly used . and can never find any reason , record or president to warrant the imprisoning , securing or secluding as they have lately called it , any of their own members , nor are to judge of the legality or illegality of the election of their members , nor of any the pretended breach of their priviledges , of which the king and lords were anciently the judges as is evident by r. . n. . r. . n. . h. . n. . h. . n. , . h. . n. . . & ca. . h. . n. . brook parliament . h. . n. . h. . n. . h. . n. , . . e. . n. . e. . n. . cum multis aliis , but were always petitiouers to the king for publick laws and redress of grievances or in the case of private persons , but very seldom petitioned unto , and then but by sometimes the upholsters and merchant adventurers of london , and though they had the free election of their speakers granted , yet they were to present them to the king , who allowed or refused them , and sometimes caused them to chuse another , never did or could of right administer an oath to witnesses or others to be examined by the whole house of commons as the lords in their subordinate judicative power usually did , had no vote nor judicature in writs of errour brought in parliament returnable only before and to be judged by the king and his house of lords , nor yet in criminal causes upon impeachments wherein the lords are only subordinate to their soveraign to be judges . so as the improbability , impossibility and unreasonableness of the super-governing power and pretended supremacy of the house of commons in parliament will be as evident as the absurdity and frenzy thereof will appear to be by all our records , annals , historians and memorials , which will not only contradict the follies of those that are so liberal to bestow it upon them , but may give us a full and undeniable assurance that the representing part of part of the commons of england in parliament from their first original in h. . when their king was a prisoner to a part of his subjects , & they could then represent none but rebels , did not certainly believe themselves to be either one of the . estates of the kingdom , or co-ordinate with their king , when in the first year of the raign of king edward the second as walsingham a writter of good accompt then living and writing after the th year of the raign of king henry . hath reported the people seeking by the help of the bishops and nobility to redress some grievances which did lye heavily upon them , ad regem sine strepitu accedentes rogant humiliter ut baronum suorum conciliis tractare negotia regni velet quibus a periculis sibi & regno imminentibus non solum cautior sed tutior esse possit . and when they had any cause of complaint or any grievances cast or fallen upon them by their fellow subjects , or thrown or imposed one upon another , did not calumniate their kings by publick calumnies or remonstrances ( for who would not in the course of ordinary friendship , or in the case of children or servants to their parents or master take it to be an ill piece of love or duty publickly to abuse and rail at their kings and those which were invited for helps in councel worse than the accursed chams discovery of his father noahs nakedness , or jobs instead of comfort better censuring friends ) did it in no worse expressions than walsingham hath related , viz. archiepiscopi episcopi abbato priores comites barones & tota terrae communitas monstrant domino nostro regi & humiliter rogant eum ut ea ad honorem suum & populi sui salvationem velit corrigere & emendare . and when they long after found themselves as aforesaid stiled one of the . estates in some of the parliament rolls so as aforesaid mentioned could not by any grammar or reasonable construction , or by any rules of any truth , sense or reason believe the king to be one of the . estates spoken of or at all intended in the journals or rolls of parliament , or understood so to be by the parties speaking or spoken of or unto , the sandy and britle foundation of which ill digested opinion being not likely to get any room in any serious mans well weighed consideration . being only made use of as a trick of faction and sedition to exclude the bishops and lords spiritual , on purpose to put the king in their place , whereby to make him co-ordinate with them , and the house of peers , and help to justifie as much as they could , the fighting against imprisoning , arraigning and murder of their king. and being elected and introduced into the house of commons , as procurators only , and representing for some part , not all of the commons under their proper limitted conditions , ad faciendum & consentiendum iis , to such matters and things as in that greatest of councels in the kingdom , should be ordained by the king and the lords spiritual and temporal there assembled for the good and welfare thereof , under the oaths of allegiance and supremacy , did not stile themselves estates , or think they were thereunto entituled , when at the coronation of their former and succeeding soveraign kings and princes , they were in suo genere , though with different species , degrees , estates & capacities comprehended under the notion of the vulgus or common people , for until the th . year of the raign of king richard the d . they had no title of estates allowed or given unto them , and if they could make any title thereunto , the lords spiritual or praelates were the first , the lords temporal and nobility the d . under and subordinate to their king supream head and governour , and the commons who were dispares to the peers of england the d. who did notwithstanding long after in their petitions in parliament , take it to be honour enough to call themselves by no higher a title than the commons . the kings leiges , and his pouvrez leiges , the word estate , state , or one of the estates in parliament , being by the invention or phraseologie of their clerks or registers by hasty abbreviation , and in and but sometimes saving of labour in the aforesaid th year of the unfortunate raign of king richard the d . by use and custom fastned upon them as men , and many learned authors have often by an incuria done , when in their writing of ancient and former things or times , they have made use of words or expressions of the present times , as more intelligible , as duel for battle or camp fight , parliament for our seldom or greatest councels , hint for intimation or spoken of before , the last of which being known only to have been here introduced in the late covenanted scotch and english rebellion , by mr. alexander henderson , or the late senseless , proud , false and insignificant titles of honour , or respect of an alderman , assumed by such as paid a great sum of money as a fine , not to be an alderman , and so became revera no alderman , with as little reason as the citizens wives of london , as low as the meal-man's and bricklayer's , do think themselves clownishly handled or dealt with , if they be not at every word stiled madam , cum multis aliis his nugis curialibus , of the misusage and impropriety of words misapplied , without any consideration had of the intention and true meaning of the authors , and the times wherein they lived , and the mode and usage of the words in former and latter times made use of , for the better signification and expression of mens meanings , either writings , reading , or modus loquendi , viz. by an ignorant bellum grammatical , make rebellion to be as necessary as religion , and rebellion to be religion . who could not without the power or impulse of dreaming , or some wild imagination be estates in very deed , when they took and sued for their wages in coming to the parliament , tarrying and returning , and have been told by some of our kings in parliament , that they were but petitioners , which they then did not contradict , which the higher sphered lords in parliament , never did more than enjoy a priviledge anciently allowed , but rarely made use of by them in the hunting and killing a deer , as they travelled through any of the kings forests or parks , in their way to advise and serve their kings , in those their greatest of councels , and in our statutes and acts of parliament , penned by the judges and councel of our kings , in their former and much better usage and custom of drawing and penning our acts of parliament , of late left only to be framed by sollicitors , and the prosecutors and contrivers thereof , so as the word estates is rarely to be found therein . and so little were the parliamentary commons of england obliged to the old approved good writers and historians , as asser menevensis , ingulfus , roger hoveden , gervasius tilburiensis , william of malmesbury , matthew paris , brompton , knighton , and many others contemporaries to our brittish , saxon , danish and norman kings and their successors , and if their testimonies will not pass with these reeord scrap-mongers who would wrest and wring every thing they can meet with to their seditions and treason hatching by false and wicked glosses and misinterpretations , the parliament and statute rolls that do every where give evidence as an everlasting truth unto what that blessed martyr king charles the first hath so truly asserted in his answer to the rebel parliament propositions , when the secretary or sir edward hyde by a mistake had allowed them the title of estates , which being decryed by the lawyers and loyal members of the loyal parliament at oxford then attending , viz. sir orlando bridgman , sir geffry palmer , and sir robert holborn , had not so passed but that the post could not be recalled , yet howsoever the rebellious party at london , that were so willing to catch at that ( as they thought ) advantage , might have seen read in the words cohaerent in the same paragraph an exception in the words following in a parenthesis , viz. but never intended to have any share in the government . and they that heretofore did take it for an especial honour to wear many of the peers and nobilities liveries , and glad to be reteyners to them , were so modest as to be unwilling to assume the title of an estate in parliament , when in parliament conferences , passing of bills , messages , or other occasions the house of peers sate covered that third estate if it could be so called , stood and are to stand uncovered . and mr. pryn one of their greatest champions that did more than he should to magnify their customs and priviledges , was at length constrained to acknowledge that in all the parliaments of king edward the third richard the second , henry the fourth , fifth , and sixth , edward the fourth , and richard the third , the commons in parliament never claimed nor exercised an such titles or jurisdictions as of late years have been usurped by them or given unto who never until they ran mad with rebellion who never presumed or pretended to make print or publish any act ordinance or order whatsoever relating to the people or their own members without the king and lords assent and concurrence , never attempted to impose any tax , tallage , charge , excise or duty upon the people without the king and lords consent , never adventured to appoint any committee or subcommittee to hear and determine any particular business or complaint without the report thereof to the whole house of commons , without the privity or assent of the house by way of transmission or impeachment to their superior authority and judicature of the house of peers never attached , fined , imprisoned or censured any person by their own authority without the lords , as they have hundreds of late years done . and that very famous ancient and great republick of venice crowning their doge with an imaginary crown for venice and two other real and very crowns , the one for cyprus and the other for candy , both kingdoms revera in their actual possession , yet as the lesser in the greater bound up and captivated under a strange diversity of forms and cantons hath not the priviledge to read a letter without the privity or overlooking of the grand consiglio or venetian nobility , hath besides their many great varieties and fragments of magistracy , offices and parts of governments , cut into as many parcels as they can to give every one as much relish and hopes as their largely extended dominions can afford , are not without at the first , since augmented into the number of of those which they stile nobility , and makes a principal part of the first quality or concern in their government , as our bishops and lords temporal , the former being barons as much as the latter for their lives , although not as the latter in fee or fee-tail , and amongst the many particles or pieces of their mangled government can allow their doge to be the superior , and more than co-ordinate with all or any of the avogardoit di communite , & the pregadi that are to guide their chief affairs of estate , and consist of noblemen , some whereof have their rights of the lottery or balloting box , their greatest councel consists of the doge , consiglieri the consiglio di dioci , the third consigliera de bassa , the three lords of the raggioni vecchio , the three lords of the raggioni nuevo the cattaveri or the inquisitors of truth , the two censori , the three provisori delli dieci savii ( or special wisemen ) and that which should be the wonder , the colledge of the savii are to have no vote in the pregadi , and they of the pregadi , can take no resolution except there be in it four consiglieri , or at least of the nobility be of the quorum , or that they do ordinarily give order to their embassadors in all parts of the world whither they have been sent to register , and give an accompt to their state or senate , or whatever they can be called of the the several forms of government in other nations and kingdoms , and yet omitting the feudal the best of all governments happily experimented in the most of their neighbour nations and kingdoms so pertinatiously as they do , and have such an hotch potch or gallimaufry of mixtures as we say in england , as if they were again to be dislocated or taken in pieces , that great republick planted betwixt the two great empires of the west and east would in all probability be on a sudden in as great misery , distress and confusion , or greater than it was when they fled from the ravage and fury of the huns and vandals into the arms and bosom of the gulf of the adriatique sea , and mr. selden hath informed us that in england in the saxons time , and long after the middle thanes and the valuasers were not honorary as the greater thegnes or barons were . and it may be worthy our observation , that although mr. pryn in his careful recapitulation before mentioned of the lords spiritual , the bishops , and the earls and barons , the lords temporal , & excluding the commons until after th th year of the raign of king henry . doth altogether negatively conclude that there were no commons then present , yet when he comes to rectify , as he calleth it , the mistakes of the abridger , doth in anno . e. . relate that the estates in full parliament do agree that they shall not retain , sustain or avow any felons or breakers of houses , which the king having commanded before , is truly and properly to be understood of the lords spiritual and temporal ; and in another place of the said record mentioneth that the whole estate prayed the king to be gracious unto edward the son of roger mortimer earl of march , which could not inforce the king to be one of the estates , or that there were any other or more estates than the lords spiritual and temporal . anno . e. . were proclaimed the articles agreed in the last parliament , and , , . in another parliament intended to be at york , it is said that most of the estates were absent , sir jeffry le scroop by the kings command shewed the cause of summoning the parliament , but for that most of the estates were absent , which might consist only of lords spiritual and temporal , and the king ordained new writs of summons to be issued . in a reassembly at york in the same year , articles of the last parliament were proclaimed by the steward and marshal of the king and the commons ( not then said estates ) had license to depart , and the lords commanded to attend until the next day , at which time the parliament was dissolved . in anno . e. . it was petitioned that no pardons be granted unto outlawed persons by any suggestions or means , but only by parliament . to which the king answered , the statutes made shall be observed . that all men may have their writs out of the chancry , paying nothing but the fees for the seals , without any fine according to the great charter nulli vendemus justitiam , unto which the king answered , such as be of course shall be so , and such as be of grace the king will command the chancellour to be therein gracious . neither doth it appear that the lords spiritual , who in the raign of king stephen , held three several councels in secular affairs , and of king henry the d . were sundry times mediators employed by him in treaties betwixt him and the king of france , or that the lords temporal , the other part of the house of peers and baronage of england , subordinate under their king and soveraign , did ever take esteem or believe the members of the house of commons in parliament , jointly or separately to be a d. estate of the kingdom , for they neither had or enjoyed that title or supposed power . in anno . of king john , in the rencounter or rebellion at running mede , when in a pacification there made with some of his robustious barons , it was agreed , that if the conservators ( none of them which were then nominated to be the conservators of the kingdom , being then called the estates ) could not obtain a just performance of that constrained agreement by a complaint made unto the king , or his chief justice of the kingdom , populus not then dreamed to be a d. estate , might ●um pravare with a salvo or exception to the persons of him , his wife and children do it , and were not so imagined to be , when the popes legat had by his excommunication of that king , and interdiction of the use of christianity in the whole nation , constrained him to do homage to the pope , by an investiture of the sword , crown and scepter , and an yearly tribute of marks for the kingdom of england and ireland , to the church and see of rome , that engine or trick of soveraignty inhaerent in the people , or a d. estate representing for them in parliament , not then being thought necessary for a ratification of those that would magnifie themselves with that factious and fictitious title of a d. estate , which they durst not adventure to make use of , or mention in our magna charta , and charta de foresta , freely granted by king henry the d. his son , and that more than thirty times confirmations , for the first whereof they believed they had made a good bargain , when they had given unto that king the th . part of their moveables , and were not a d. estate , or called so in the year of the raign of that king , when the derogatory act of parliament to kingly government , was enforced from him at oxford in the year of his raign . anno . e. . the bishop of durham , and sir michael de la poole came from the king with a message to the whole estates ( which probably were then none other than the lords spiritual and temporal ) concerning his victories atchieved in france . the lords upon the kings want of money , grant to the king the tenth sheaf of corn ( their bond or bond-tenants excepted ) their 〈…〉 h fleece of wooll , and 〈…〉 h lamb for two years , the commons then not stiled estates , require time to go into their countries to advise with those that sent them , the commons ( not estates ) return their assent , and make several demands with a request , that the sheriffs of every county , may in the next summons to parliament , return two knights girt with swords . a general proclamation was made , that all persons having charters of pardon , should resort to the sea-coast for the kings service , upon pain to forfeit the same . the commons do give the king for his relief sacks of wooll , upon conditions expressed in a pair of indentures , whereupon the lords promised to send to the king , to know his pleasure , after long debating , the commons promise to give presently to the king sacks of wooll , so as if the king liked the conditions aforesaid , the same should run in payment , if not they would freely give it to him . remembrances of things not finished in one parliament , to be done in another . they granted unto the king , the ninth of their grain , wooll and lamb , for two years to be levyed out of all towns-men , the ninth of their goods , of such as dwelled in forests and wasts , a fifteenth upon condition the king would grant their petitions , contained in a schedule , ( so willing were the commons to obtain , and get what they could from the king , and so little did they think themselves to be a d. estate , or an entire , or any part of soveraignty . ) sundry bishops , lords and commons , were appointed daily to sit , until they had reduced the aforesaid grant into the form of a statute , and was agreed upon by the king , and the whole estates , which could not be expounded , that the king was one of those estates , or the other , any more than the lords spiritual and temporal , leaving the commons to be no more than they were in suis gradibus , no d. estate , which beginneth , to the honour of god , &c. and such articles as were to continue but for a time , the king exemplified under the great seal , know ye that with our bishops , earls , &c. certain bishops and lords requiring to be saved harmless against the duke of brabant for great sums of money , wherein they stood bound for the king , if the duke of cornwal married not the daughter of the said duke , which was granted , and all which letters patents were inrolled in chancery . and for that the king in his stile was named king of france and had changed his arms whereby , the abridger of the parliament rolls or records , or mr. pryn the rectifier or misuser of them hath given us a curtailed abbreviation of the parliament remembrances , in e. . wherein all that the abridger or rectifier was pleased to give us , was that subjects were no longer bound to him than as king of france , the kings letters patents of indempnity were granted beginning edwardus , &c. know ye that where some people intend , &c. when as in the printed statute according to the parliament record ( for so it may better be understood to have been the abridger or rectifier so miscalled might have seen that the king by the title of king of england and france and lord of ireland , by his letters patents under the great seal of england , reciting that whereas some people did think that by reason the realm of france was devolved to him as right heir of the same , and for as much as he is king of france , the realm of england should be put in subjection of the king and of the realm of france in time to come , he having regard to the estate of his realm of england , and namly that it never was nor ought to be in subjection to the obeysance of the kings of france , which for the time have been , nor of the realm of france , and willing to provide for the surety and defence of the realm of england , and of the leige people of the same doth will and grant and stablish for him and his heirs and successors by the assent of the praelates , earls , barons and commons ( wherein if the commons had in themselves an inhaerent right of soveraignty , they would neither have been troubled with any such fears of the french government , or needed any such provision against it ) of his realm of england in this present parliament in the th year of his raign of england and first of france , that by the cause or colour of his being king of france , and that the said realm to him pertaineth , or that he came to be named king of france in his stile , or that he hath changed his seal or arms nor for the commandments which he hath made or shall make as king of france , his said realm of england nor the people of the same , of what estate or condition they shall be , shall not at any time to come be put in subjection nor in obeysance of him or his heirs nor successors as kings of france , nor be subject or obedient , but shall be free and quit of all manner of obeysanee , as they were wont to be in the time of his progenitors . for that trick or engine of metamorphosing the soveraignty of the king into that of the people and by excluding the bishops and lords spiritual out of the house of peers in parliament , unto which ab ultimo antiquitatis seculo since christianity abolished paganisme they were as justly as happily entituled and put our kings and their regalities in their places whereby to create unto themselves a co-ordination , and from thence by the intrigues of rebellion a soveraignty in themselves , which was not in the former and better ages ever entertained or believed by our parliaments when no original pact or agreement hath been or can yet be discovered how or when the house of commons came to be entituled unto their pretended inherent soveraignty , or to be seized thereof by their representation of the people , or from whom they had it , or who gave it unto them , when it may be believed god never did it , for he that never used or was known to contradict himself , hath in his holy word declared and said , per me regis regnant , which should not be misinterpreted and believed to be conditionally , if the people should approve or elect them for which the gentlemen of egregious cavillations if they would be believed , should search and see if in all the books of god and holy writ they can find any revocation of what god himself hath said and often declared , for an undeniable truth , or that he ever discharged and renounced it by as infallible acts and testimonies . but if any one that believes learning and the inquires after truth , right reason , and what our impartial records and historians will justify how or from whence that aenigna or mystical peice of effascina of the members of the house of commons making themselves to be a estate of the kingdom , and a creed of the late factio●s and rebelling ever to be deplored parliament , or from what lernean lake or spawn of hydras came . it may besides the pride and ambition of many that were the fomenters or nurses of them be rationally 〈◊〉 understood to have none other source or original besides don lancifer himself then for sir edwards cokes unhappy stumbling upon his reasonless admired forged manuscript and imposture called modus tenendi parliamentum in anglia in king edward the confessors raign , there having been neither any author or record as mr. pryn hath truly observed to justify or give any credit thereunto , but was as he hath abundantly prove● a meer figment and imposture framed by richard duke of york . and . h. . by the commons petition and the duke of yorks confederates by the rebellion and insurrection of jack cade and his rebellious levelling party to make him that duke of york protector and defender of the people , which ended in the dethroning of king henry . and though mr. hackwel of lincolns-inne a learned antiquary hath adventur'd to say that he hath seen an exemplification of a record sent from england into ireland to establish parliaments there after the form or method of that modus , yet when the learned archbishop usher pressed him much to see it , he could neither shew the exemplication nor the record it self , neither of which are yet to be seen in england or ireland , only sir edward cokes copy remains , but when or from whence he had it he was never yet pleased to declare . . e. . at the request of the whole estate ( which may most certainly have been thought to have been made to the king , not to themselves ) those articles were made statutes , and the conditions were read before the king , and the chancellor , treasurer , justices of both benches , steward of the kings chamber and others were all sworn upon the cross of canterbury to perform the same . . e. . the cause of summoning the parliament being declared amongst the other things to be touching the estate of the king ( who was often absent in the wars of france ) and for the good government ( which they whom the erring abridger hath stiled the estates , viz. . the lords spiritual . . the lords temporal . ) . the commons in parliament were to consult of so as if the commons could be a third estate , the king and his estate and the government were , necessarily and only then and always to be understood and believed to be the th estate principal , superior and independent . . e. . at which parliament and convention sundry of the estates saith , that ill phrasing abridger or translator whoever he was , were absent whereat the king was offended and charged the archbishop of canterbury for his part to punish the defaults of clergy , and he would do the like touching the parliament whereof proclamation was made , and being not absent , was neither likely to be angry with himself , or resolving to punish himself . the chancellor in full parliament declaring the cause of summoning the parliament , viz. the articles of the truce with the french king & the breaches in particular thereof , the whole estates ( mistakenly so stiled ) were willed the king that willed or commanded being no part of them unless it could be believed that himself willed or commanded himself as well as others ) to advise upon them , & give their opinion thereof by the monday next following . e. . after the reading of the roll of normandy , and that the king of france his design to extirpate the english nation , the messengers that were sent by the king required the whole estate ( no such title being in the original ( whereof the king could then be no part if it was said to be the whole estate without him , for he could not be with them when he was absent in france , and had sent his messengers unto them ) to be advised what aid they would give him for the furtherance of his enterprise . and mr. john charleton one of the messengers aforesaid likewise bringing letters from the bishop of durham , earls of northampton , arundel , warwick , oxford , suffolk , and hugh le despenser , lord of glamorgan , to the whole so misnamed estate of parliament ( when the king could not be one of them , not at all being present ) purporting that whereas the king at his arrival at hoges in normandy had made his eldest son the prince of wales knight , he ought to have of the realm forty shillings for every knights fee , which they all granted and took order for the speedy levying thereof . e. . sir john matravers pardon was confirmed by the whole missettled estates ( whereof the king could not be accompted any of them ) for he granted the pardon . e. . richard earl of arundel by petition to the king praying to have the attainder of edmond earl of arundel his father reversed , and himself restored to his lands and possessions upon the view of the record , and and the said richard earl of arundels allegation that his father was wrongfully put to death , and was never heard , the whole estates saith , that ill translator adjudged he was wrongfully put to death , and restored the said earl to the benefit of the law ( which none could do but the king who was petitioned , and having the sole interest in the forfeiture , was none of those which were wrongfully called the whole estates ) e. . where it is said that at the end of the parliament the chancellor in the presence of the king shewed that the king meant to execute the statute of apparel , and therefore charged every state to further the same ( the king could not be understood to charge himself . ) after which he demanded of the whole estates ( so as before mistaken ) whether they would have such things as they agreed on to be by way of ordinance or of statute , they answered by way of ordinance , for that they ( being to take benefit thereby ) might amend , the same at their pleasure . and so the king having given thanks to all the as aforesaid miscloped , estates for their pains taken , licensed them to depart , which should be enough to demonstrate that the granter and grantees were not alone or conjoynt , and that the king giving thanks to the estates did not give it to himself . e. . the archbishop of canterbury on the kings behalf gave thanks to the whole ( in the like manner mis-termed ) estate for their aids and subsidies granted unto the king ( wherein assuredly the archbishop of canterbury did not understand the king to be any part of the whole estate which the king gave thanks unto . the commons by their speaker desiring a full declaration of the kings necessity , require him to have consideration of the commons poor estate . the king declared to the commons that it was as necessary to provide for the safety of the kings estate as for the common-wealth . anno . regis richardi . after receivers and triers of petitions named , commandment was given that all persons and estates ( which imported no more being rightly understood than conditions or sorts of men ) ( miscalled as aforesaid ) should the next day have the cause of summoning the parliament declared . r. . the parliament was said to have been adjourned by the common assent of the whole estates ( the first time of the lords spiritual and temporal being called the estates without or with the commons joyned with them no such names or words , appellations or titles were either known or in use , nor any such words or titles as estates being to be found in the originals or parliament rolls before anno r. . for no more appeareth in the original than in and under these expressions , viz. et mesme le vendredi auxint a cause & ce fest & solempnite de pasch estoit a progeno ii coveient le roi les seigneurs & tautx autres entendre a devotion le parlement & coe assent le toutz estats le parlement estoit continez del dit vendredi tanque lindy lendemain de la equinziesme de pasch adonquez prochem ensuent & commandez per le roy a toutz les seigneurs & communs du dit parlement . quils seroient a westminster le dimengo en la dite quinzieme de pascha a plustaid & sur ceo noevelles briefs furent ●aiots a toutz les seigneurs somons au dit parlement de yestre a la dite quinzieme sur certaine peine a limiter per les seiguro qui seroient presents en dit parlement a la quinzieme avant dite le quel limdy le dit parlement fust recommence & tenat son cours selont la request des communs & grant de nostre seigur le roi avant ditz . and then but the inconsiderate hasty new created word of the clerks in a distracted time , when the great ministers of state in two contrary factions , to the ruin of the king and many of themselves , as it afterwards sadly happened , were quarrelling with each other , and all the bishops so affrighted , as they were enforced to make their protestation against any proceedings to be made in that so disturbed a parliament . in anno . r. . the bishop of exeter chancellor of england taking his theme or text out of ezechiel , rex unius omnibus erat proved by many authors that by any other means than by one sole king no realm could be well governed ; for which cause the king had assembled the estates in parliament to be informed of the rights of his crown withheld , which oration afterwards was to the same effect seconded by sir john bussey knight , speaker of the house of commons . king richard the second being as a prisoner in the tower of london made the archbishop of canterbury , and the bishop of hereford his procurators to publish his rem 〈…〉 of the kingdom to the whole estates . which whether at at that time distinguished or divided into three doth not appear , viz. into lords spiritual and temporal , and commons could not comprehend the king , who was not to be present , but gave the direction and authority to his said procurators , and could never have been understood to have been present , or one of them himself , or to have made such a prosecution against or for himself . after the claim made unto the crown of england in parliament by henry duke of lancaster , and a consultation had amongst the lords and estates ( not expressing that the commons were a d. or any part thereof , it being then altogether improbable that king richard the d . or any other representing for him was there present , and to make one of the said pretended estates as much out of the reach of probability , that king richard himself was one , or a person then acting against himself , the duke of lancaster himself then affirming , that the kingdom was vacant . and when the usurping king henry the th . openly gave thanks to the whole estates , ( wherein is plainly evidenced ) that himself neither was or could be understood to be then , or at any other time one of the said estates . the first day of the parliament the bishop of london the kings brother and chancellor of england in the behalf of the king , lords and commons , declaring the cause of calling the parliament , and taking for his theme multitudo sapientum , learnedly resembled the government of the realm to the body of a man , the right-hand to the church , the left-hand to the temporalty , and the other members to the commonalty , of all which members and estates , the king ( not deeming himself to be one ) was willing to have councel . the archbishop of canterbury chancellor of england by the kings commandment , declaring the cause of the summoning the parliament , and taking for his theme regem honorificate , shewed them that on necessity , every member of mans body would seek comfort of the head as the chief , and applyed the same to the honouring of the king as the head. and in that his oration , mentioning the lords spiritual and temporal , knights , citizens and burgesses giveth them no title of estates , but the kings leiges . in the presence of john duke of bedford brother of the king lieutenant and warden of england and the lords and commons , the bishop of durham by his commandment declared that the king willed that the church and all estates should enjoy their liberties ( which could not include the king. ) it was ordained that all estates should enjoy their liberties without the words concessimus ( which could not comprehend the king who granted it to them , but not to himself . the chancellor at the first assembling of the parliament declared , that the king willeth that all estates should enjoy their liberties , ( which must be intended to others that were his subjects , and not to himself that was none of them . ) the archbishop of york chancellor of england , declaring the cause of summoning the parliament , said , the king willeth that all estates should enjoy their liberties , in which certainly he well knew , that the person willing or granting , was not any of the persons or estates to whom he willed and granted that they should enjoy their liberties . the duke of gloucester being made guardian or keeper of england , ( by the king sitting in the chair ) the archbishop of york being sick , william linwood doctor of laws , declaring the cause of summoning the parlia●ent , said , that the king willed that every estate should enjoy their due liberties , which properly enough might be extensively taken to military men and soldiers , the gentry , agricolis opificibus all sorts of trades , labourers , servants , apprentices , free-holders , copy-holders lease-holders , single women and children , tenants at will , and which never were themselves estates , but the several sorts and degrees thereof , wherein if any law , reason or sense could make the king to be comprehended , an inextricable problem or question would everlastingly remain unresolved who it was that so willed or granted . the king sitting in his chair of state , john bishop of bath and wells chancellor of england , in the presence of the bishops , lords and commons by the kings commandment , declared the causes of summoning the parliament , taking for his theme or text , the words sussipiant montes pacem & colles justitiam , divided it into three parts according to the three estates , by the hills he understood bishops and lords , and magistrates , by little hills , knights , esquires and merchants , by the people , husbandmen artificers and labourers . by the which third estates , by sundry authorities and examples , he learnedly proved , that a triple political vertue ought to be in them , viz. in the first unity , peace and concord , in the second equity , consideration & upright justice , without maintenance ; in the third , due obeysance to the king , his laws and magistrates without grudging , and gave them further to understand the king would have them to enjoy all their liberties . of which third estates , the chancellor in all probability , neither the king , or they that heard him , did take or believe the king himself to be any part . the th day of august , the plague beginning to increase , the chancellor by the kings commandment in the presence of the estates , ( the clerks translator or abridger being unwilling to relinquish their novelty or errors , ) ( of which the commonest capacity or sense , can never interpret the king to be one , ) prorogued the parliament until the quindena of st. michael . the bishop of bath and wells chancellor of england , in the presence of the king , lords and commons , declaring the cause of the summons of parliament , said that the king willed that all estates should enjoy th●● liberties , which might intitle the king to be the party willing or granting , but not any of the parties , who were to take benefit thereby . it was enacted by the whole estates , ( which may be understood to be the king , lords spiritual , and that the lords of the kings councel ( none of theirs ) should take such order for the petition of the town of plymouth , as to them should seem best . letters patents , being granted ( by the king ) to john cardinal , and archbishop of canterbury of divers mannors and lands , parcel of the dutchy of lancaster , under the seal of the dutchy , were confirmed by the whole estates , for the performance of the last will and testament of king h. . though it was severed from the crown , and was no part of the concernment thereof , nor had any relation to the publick , or any parliamentory affairs , the king himself that granted the letters patents , could not be interpreted to be one of those whole estates , which were said to have confirmed them . by the whole estates were confirmed king henry the th letters patents , of the erection and donation of eton colledge , and also of kings colledge in cambridge with the lands thereunto belonging , which might well conclude the king , although he being the donor , could not be believed to be any part of the whole estates , who by their approbation are said to have confirmed his letters patents . the chancellor in the name of all the lords in the presence of the king , protested that the peace which the king had taken with the french king , was of his own making and will , and not by any of the lords procurations , the which was enacted . and it was enacted that a statute made in the time of king h. . that no peace should be taken with the french king , that then was called the dolphin of france , without the assent of the three estates of both realms should be utterly revoked , and that no person for giving counsel to the peace of france , be at any time to come impeached therefore , which may demonstrate that neither the dolphin of france , nor the king of england , were then accompted to be any part of the several . estates of the said kingdoms . the king by his chancellor declared that he willed that all estates should enjoy their liberties , it cannot be with any probability supposed that either he or his chancellor intended that himself was one of the said estates . the archbishop of canterbury chancellor of england , in the presence of the king gave thanks in his behalf to the . estates , wherein no grammar or construction of reason or sense , will ever be able to comprehend the king. the th day of december , the chancellor in the presence of the king and the estates ; ( which is surely to be understood to consist of other persons separately and distinct from the king ) prorogued the parliament until the th day of january then next ensuing , at westminster , and upon the th day of april , was likewise prorogued to the th day of may next following . the archbishop of canterbury chancellor of england , in the presence of the king , lords and commons , declaring the cause of summoning the parliament , said , that the kings pleasure was , that all estates should enjoy their liberties , which could not signifie that the king himself was one of those estates to whom he granted that favour . the th day of december , the chancellor in the presence of the king , and the . estates by the kings commandment , giving thanks to the . estates ( the king being then by the chancellor , or any other master of reason or common sense , not understood to be any one of the . estates to whom the thanks were given ) dissolved the parliament . an act of parliament was made , wherein was declared that king edward the th was the undoubted king of england , from the th day of march last before , and that all the estates yielded themselves obeysant subjects unto him and his heirs for ever , ( the late never to be maintained doctrine of the pretended co-ordination of the house of commons in parliament , as subjects with their soveraign in parliament , and the government being not than that established , or ever to be evidenced otherwise then god hath ordained a co-ordination betwixt the king and his subjects , which is , that the people as subjects should obey their king , and the king as their soveraign protect , rule and govern them , ) and affirmed the raign of king henry the th to be an intrusion , and only usurpation . the chancellor , the king sitting in his royal state , in the presence of the lords and commons made an eloquent oration , wherein he declared the . estates to comprehend the governance of the land , the preheminence whereof was in the bishops , the second to the lords temporal ( which the learned and men of that age , and other chancellors understood to be no other than two separate and distinct estates , the one temporal , and the other spiritual , and the king to be superiour . the bishop of london chancellor of england , in the presence of the king and the . estates , ( the king being none of them , but superior over them all , ) prorogued the parliament to the th of june ensuing . for where the abridger , or mr. pryn possessing himself to be the rectifier , or corrector , amongst his other faults and mistakings in his epitomizings made it to be in the parliament rolls of edwardi . that many failing to come to the parliament upon the summons of the king , did put a charge upon the whole estate by a reassembly , he will find neither words or matter for it . all that appears of the title of estates in the parliament and statute rolls of that year , is no more than the prelats grants & gentz du commune , or les prelats , counts , barons , gentz des countez & gentz de la commune . no whole estate mentioned in the parliament roll , all that is said n. . is no more than a les requests des grantz come de ceu● de la commune , & de le clergie . that which is translated the estate of the king , is no more in the parliament roll n. . than les beseignes nostre seigneur le roy , & de son royame . where the abridger saith the parliament was to treat and advise touching the estate de nostre seigneur le roy , & le governement , & le salnette de sa terre d' angleterre , & de son people , & relevation de lour estate , there is no other mention of estates than the prelatz , grantz , & commons de son roiame , and charged les chinalers des countes and commons to assemble in the chamber de pinct . a quel jour vindrent les chivalers des counties & autres commons , and gave their advice in a petition in the form ensuant a tres excellent , or tres honorable seigneur les gentz de vostre commun soy recommandent a vous obeysantment en merciant se avant come leur petitesse powre suffice de & tant tendrement pervez a quer & maintenir la pees a la quiete de vostre people , &c. et en maintenance des autres leyes as autres parliaments devant ces heures grantees vostre poure commons sil vous plaist sa gree & semble a la dite commune & totes autres choses poent suffisantement estre rewelez & terminez en bank le roy commune bank & devant justices as assises prendre nisi & les delayes nient covenable soient aggregez & oustez ore a ce parliament per estatut . en. ro. parl. . e. . where the king desired the names of the absent lords , that he might punish them , there is no mention of the clergy or commons , or of any estates , and the king afterwards desiring their advice touching his treaty with france , charged the prelats , countz , & barons et communs , to give their advice therein . which they all did without naming themselves , or being stiled estates . the kings letters of credence sent out of france to his parliament in england , were directed a toutes erchevesquis evesques , abbes , priours , counts , barons , & toutz autres foialx le roy , & vendront au dit parlement troter sar les beseignes le roy , whereupon he demanded an aid of the said prelats grantz & communs . and the lords ( without the title of estates having granted it , ) the chivalers des counties , citizens & burges des cities & burghs , prioront de avoir avisement entre eux , and in answer thereunto , delivered a petition unto the king for redress of grievances , ( not by the name of the estates ) but a nostre seigneur le roy & a son conseil 〈◊〉 〈◊〉 gentz de la communes de sa terre ausi bien des 〈◊〉 & 〈◊〉 〈◊〉 de counties . where it was supposed that a pardon was granted , and a 〈◊〉 〈◊〉 〈◊〉 to sir john matrevers of all his lands by the whole estates , there appeareth no more in the 〈…〉 ment ro●● than that he petitioned , a nostre seigneur le roy & a son bon conscil , wherein he recited that restitution had been granted , de poiar royal nostre seigneur le roy par bor accord 〈◊〉 common assent des prelatz , co 〈…〉 es , barons , de son roialme par plusieurs causes , appearing in the 〈…〉 ings charter of pardon , and prayed quil p 〈…〉 st a nostre dit seigneur le roy , & a son bon conscil par la bo●dance de sa noble seignorie granter & la restitution scisdite p●usse estre ore renovelle en cest parlement quelle petition lue fut respondue & endorse par les seigneurs & autres grantz du parlement quil semble an conscil & la chartre doit estre renovelle & entre en roule du parlement & est de record sil plest au roy , & pour ceo & mesme cesse petition fust pius monstre au roy , & il ad ottroie , & aussint est ottroio per la commune soit la dite chanre renovelle per accord de tut le parlement , & entre en roule de meisme le parlement en le meliour mannere & pourra estre pour bone & gremdre assurance del estat le dit johan , in and by which , the king repealing the judgment given against him in parliament . judicio predicto non obstante , saith only , nos ad requisitionem praedicti johannis , & pro majori securitate status ipsius johannis de assensu praelatorum ducum comitum , baronum , & comitatis regni nostri angliae in praesenti parliamento nostro existentium restitutionem praedictam ratisicamus &c. the archbishop of canterbury , and those many suffragan bishops and clergy of his province , not at that time deeming themselves to be an estate , soveraign or governing either in or out of parliaments , when in that parliament they petitioned unto him in this manner , a nostre seigneur le roy supplient ses humbles chapelleius symon par divine soefrance erchevesque de canterbury , & ses frereres evesques de sa province par eux & tote le clergie quil pleise a nostre dit seigneur le roy pour le reverence de dieu , et de sainte eglise et a sa benignite a eux granter et confirme totes les liberties et privileges et droits grantez et donez par lui et ses nobles progenitors avant ses heires a sainte eglise par leur chartres estatuts et ordinances &c. where it was in the translation mistakenly said , that the king gave thanks to the whole estate , and licensed them to depart . the record is only , et si faict mercia le roy as prelatz grantz , et communs de leur venir et leur bone port en parlement , et leur done congie a departir , et issint finist le parlement . anno . e. . when the english abridgment or translation saith , that the archbishop of canterbury on the 〈…〉 ings behalf , gave thanks to the whole estate for their aids and subsidies . the original in the parliament roll is no more than , et le samedy suant les communs esteanuts en la dite chambre blanche fueront charges quils faissent leur petitions , et quilles baillerent le meskerdy sumant . et le lundy suant les prelatz grantz en mesme la chambre esteant fut monstrez a eux par lerchevesque coment le roy leur mercie de grant cuer de plusieurs aides quils lui avoeint faitz et meement des darreine aide quils lui facerent en le darrein parlement des subsides et customs a lui grants de leynes quiers et peaux lanuz pour un temps et ce fut il que le grant fust chargrant a son people nient moins per vint an demora au profit ou encres de lui per cause des grant chargez et payements faits et sustemis ●y bien a caleis guines pontiff , et ses autres terres de la come d' irland , et la marche de escoce que leur plat par tant avoir consideration a son estat et honeur , eta sgrantz charges que lui avoient faire et sustenue deners le marche d' escoce pour la salvation dicelle pour cause qui semble plus la guerre qui pees par les respons des escetz sur que les choses les prelatz et grantz en deliberation plein ove les communs de une accord granterent a nostre seigneur le roy en aide de son , et honeur somner et gardez et les grants custages que lui coment faire , et mettre par diverse voies les subsides , et customs de laynes , &c. par deux aus prochein ensuant qui passe hors du dit roialme . after which followed the petitions des commons , without any title of estate . the chancellor on the kings behalf , commanded the prelats , seigneurs and commons , there being to continue there until le besoignes del roy were finished , and not to depart without license , and the commons do in their petitions stile themselves no otherwise than voz pouvrez et liges commons . item prient la clergie . and the commons made their declaration in these and no other words , a nostre seigneur le roy , et a son conscilpar la commune d' angleterre . item prie le commune at coine ils se sentent de jour en autres our agenses estre grievez par pluralitez des guerre as constage importables et plese nostre seigneur le roy , et son sage conseil ordonne ent remede qur tieuxchargez autre porter la commune ne purra en nul manere susteiner . unto which the king answered , le roy le fa●●e volunters ses honeurs , et estat ●ond●z salvez all which put together , do not declare the commons , to be a third estate , and no ways agreeth with the abridgers translation , that the commons by their speaker , requiring the king to have consideration of their poor estate . he answered that it was necessary to provide as well for the safety of his own estate as for the common-wealth . where the abridger or corrector translates , after receivers and triers of petitions named , commandment was given , that all persons and estates should return the next day , to hear the cause of summoning the parliament declared . the original saith no more than , touz ensemblez en my des prelats et seigneurs avant duz appellez eux chancellor terminer seneschall chamberlaine , et les sergeantz le roy quat il beseignera , et tiendrout lour place ●n la chambre mercalfe . et le roy vous commande et vour retornez le de maine per temps pur avoir declaration en place especial manere sur les causes des le somonce avant dite , et en oultre le roy commande a touz et avoient la dite somonce quils vieguent de jour en autre audit parlement et quils ne se absentent mye en de protentdycell sans especial congie de lui sur peril q' appont . the bishop of exeter chancellor of england , at the assembling of the parliament , taking his text out of the prophecy of ezekiel , rex erit unus omnibus , alledging the power that ought to be in soveraign kings and princes whereby to govern , and the obedience in subjects to obey , and that all alienations of his kingly priviledges and prerogatives were reassumable , and to be repealed by his coronation oath , pour quoi le roy ad fat assembler de estatz de parlement a cest faire pour estre enformez si ascun droitz de sa corone soient sustretz on amemuser a sin que par lour bon advis & discretion tiel remedie puisse estre mis & le roy puisse esteer en sa libertie ou poir commune ses progenitors out este devant lui & duissent de droit non obstante ascun ordinance an contrarie , & anisi le roy as tenez & les governera , in which speech of the chancellors , no man as it is sufficiently probable , did then ●nderstand the king to be a part of the estates he was speaking unto , who if they could then in a time of faction and trouble of state , that had then affrighted and disturbed the greatest part of the nation , have had any thought or imagination , that their king was so comprehended in that novel word estates , had a fair opportunity to have entred their claim to that triumviracy , or never to be proved co-ordination , or which would be beyond a lurking soveraignty , for the common people to resort when they please , and were in the same parliament afterwards so little elated with the expression of the clerk of the house of peers , in the entry of the record of the kings vacating of the earl of arundels pardon , par assent de touz le estats du parlement , as they made their protestation , and prayed the king that it might be inrolled , that it was not their intent ou volunte , to impeach or accuse any person in that parliament , sans congie du roy , and if they had been any such estates , as some of late would entitle them unto , did not perceive themseves to have been then so great , or in partnership with their soveraign or above him . and thereupon the chancellor by the kings command likewise declared that , nostre seigneur le roy considerant coment plusieurs hantes offenses & mesfaits outestre faitz par le people de son roialme en contre leur ligeance & l' estat nostre seigneur le roy & la loie de la terre devants ces heures dont son people esciet en grant perill & danger de leie & lour corps , & biens , & voullant sur ce de sa royalle benignite monstre 〈◊〉 faire grace a son dit people a fyn quils ayent le greindre corage 〈◊〉 volonte de bien faire de leur mieux porter devors le roy en temps avenir si voet & grante de faire & ease & quiete , & salvation de ●on dit people une generalle pardon a ces liges fors●ris certaines pointz limitez par le sonuant la sui●e al partie forspris cyn quont persones queux plaira au roy nomez & touz ceux qui serront empeshez en ce present parlement , & dit oustre que le dit roy voet que plein d●oit & justice soyent faitz a chastun de ses liges qui en voilent complandre en cest parlement , & ad ordinez , & assignez receivers & triers des petitions en cest parlement . and did in pursuance thereof in full parliament , excuse the duke of yorke , the bishop of worcester , sir. richard le scroop then living , william late archbishop of canterbury , alexander late archbishop of york , thomas late bishop of exeter , and michael late abbot of walton , then being dead of the ●xecution , and intent of the ●ommission made in the tenth year of his raign , as being assured of their loyalty , and therefore by parliament restored them to their good name and sir edward coke might have bestowed a better gift unto the laws and lawyers of england , and his native countrey , than that pandoras box or circes inchantment in his doted upon , or so much admired modus tenendi parliamenta , which he at an adventure , not knowing himself from whence that bastard came , but was as a foundling so young , left in the streets , as it could neither declare who was its father or mother , and that which was something marvelous , none had the luck to find it , and in charity pay for the nursing of it , as himself and the name of that nurse , as unknown as the father or mother or progenitors thereof , and made himself so much assured of it , as if he had been present , when that modus supposed to have been made by 〈…〉 ing edward the confessor was read before king william the conqueror , and approved by him , & could not forbear but his fourth part of the institutes , or comment upon littleton , but he must frequently use it , but transmitted into ireland , to be there observed in king henry the seconds raign , which there as little to be found recorded and authenticated , or legitimated , as it hath been in england , as hath been before mentioned , and grew so over-fond of it , as he hath as he thought , done no little piece of service to after ages , to insert it as an especial part or undiscernable point or parcel of law , although he might have seen that mr. selden would not not oblige himself or his readers to walk along with him in his over-credulity , and all our records both of england and ireland , and all our historians and annalists , as well coaeval as of nearer times . as ordericus ingulphus vicalis , eadmerus , malmesbury , simon dunelmensis , hovedon , huntingdon , florentius , wigornensis , nubugensis , matthew of westminster , matthew paris , trevisa , chronica , johannis brompton , walsingham , giraldus cambrensis , matthew parkers antiquitates ecclesiae brittanicae , hollinshead , daniel speed , fox , spelman , and many others cited by mr. pryn in his manifest proofs , evidence , conviction , discovery and refutation of that modus tenendi parliamenta , to be full of falsities , forgeries and errors , a fabulous legend and meer imposture , to furnish out jack cades rebellion in the latter end of the raign of king henry the . for the advance of richard duke of yorks title to the crown of england , and if there had been such a modus , it may be more than an ordinary wonder , that the conquered and inslaved people of england should precibus & fletibus , beg of the conqueror sir edward the confessors laws , whereupon he anno quarto regni sui angliae , caused to be summoned , concilio baronum suorum per universos regni angliae● consulatus angliae nobiles sapientes , & in sua lege eruditos ut eorum leges & jura , 〈◊〉 consuetudines ab ipsis audiret electi igitur de singulis eorum patriae comitatibus viri duodecim jure jurando primum coram rege confirmaverunt ut quoad possent recto tramice incedentes nec ad dextram nec ad sinistram divertentes legum suarum & consuetudinum sancita patefacerent nihil praetermittentes , nihil addentes , nihil praevaritando mutantes , a ligibus igitur sanctae matriis ecclesiae sumentes exordium quantum per eam rex et regnum solidum subsis●ens haberet fundamentum leges libertates & pacem ipsius confirmati sunt , there never having been before or since such a solemn jury , either in the raigns of our brittish , roman , saxon , danish and norman kings , or their many succeeding kings or princes , sworn and impannelled by a king himself , or in any nation of the world , that any history or record hath been able to give us an account , and yet in the verdict and return thereupon made , faithfully written and recorded by two bishops , there is not a word or syllable , or any the least mention , or intimation of that modus tenendi parliamentum , or any the pretended rights or priviledges of parliament in those our late infatuated and rebellious times , so quarrelled and grasped without any manner of evidence and colour , and although in the beginning of the raign of king charles the martyr , he could in the house of commons in parliament , weep and lament with tears the supposed dangers with many he knew not what to call them fears and jealousies , and procured many of his fellow members to bear him company , did take care out of his modus tenendi parliamentum , to bless after ages with a parcel of its levelling doctrine , which might make the broken pieces of the monarchy of england never able without god's mercy to be cemented or put together again , but remain incurable by that means and help more than ordinary , which mr. selden thinks was written long after the norman monarchy , and the title of it is so false , that it too much disparageth the treatise . and that fictitious modus hath six distinct pretended estates , wherein sir edward coke was pleased to allow our king to be caput principium & finis parliamenti , whom all other mistakers , & the bill or instrument that made richard . an usurping king , made but three estates , two or three of which degrees or states never sat in parliament before , or during the conquerors raign , nor many years after , saith mr. pryn , et pacem non habet in suo gradu , ( as that modus is pleased to allow him , et ita rex solus est primus gradus . . ( gradus est ex archiepiscopis , episcopis , abbatibus , prioribus , & aliis clericis qui baronias tenent , . gradus est ex procuratoribus cleri , . gradus est ex comitibus , baronibus , & aliis magnatibus & proteribus , tenentibus ad valenciam comitatus & baroniae , . gradus est de militibus comitatuum , . gradus est de civibus & burgensibus , & ita est parliamentum de sex gradibus , & sciendum est quod licet aliquis dictorum quinque graduum post regem absens sit dum tamen omnes praemonici sint per rationabiles summonitiones parliamentum censetur esse plenum . and that special engine or machine of the devil could not fail of a great effect in the furnishing out and palliating that damnable and hypocritical rebellion , which for almost fifty years last past hath miserably infatuated and ruined england , with damage and mischiefs in abundance to ireland and scotland , and the loss almost of some hundred thousand mens lives , and the ruin of very many families , unto which that modus tenendi parliamentum was a compleat directory , and to all our rebellious confusions and troubles after happening , and introducing the murder of the blessed king charles the martyr . and was not like to produce any better consequence than the dislocating and tearing in pieces a most happy kind of government , and transferring a well established monarchy into the said fatality of an anarchy , no where to be found amongst all the monarchies of christendom , or any other parts of the world , or any the ideas of plato , or any legislators of the world , sir thomas moores utopia , or that which gonzagua and his geese found in that of the world in the moon , or that which would not long have satisfied wat tiler , jack cade , john of leyden , massinello , or the rabble of their state menders , or propagators of their rambling fancies , one part of which modus hath this special doctrine , et sciendum est quod duo milites qui veniant ad parliamentum pro ipso comitatu vocem habent in parliamento in concidendo & contradicendoquam majores comites angliae , & eodem modo procuratores cleri unius episcopatus majorem vocem habent in parliamento si omnes sint concordes quam episcopus ipse , & hoc in omnibus quae ad parliamentum concedi negari vel fieri debent , ex hoc patet quod rex potest tenere parliamentum in comunitate regni sui absque episcopis comitibus & baronibus dum tamen summoniti sint ad parliamentum licet nullus episcopus comes vel baro ad summonitionem venerint quia olim nec fuerat episcopus , comes nec baro , & adhuc tunc reges tenuerunt parliamenta sua sed aliter est e contra licet communitates cleri & laici summoniti essent ad parliamenta sicut de jure debent , & propter aliquas causas venire nollent ut si praetenderent quod rex non regeret eos sicut et assignaret specialiter in quibus articulis eos non rexerat , parliamentum nullum est omnino ( at their will and pleasure ) licet omnes archiepiscopi episcopi comites & barones eorum pares cum rege interessent , ( a large priviledge if sir edward coke were alive to see , if he could with a torch fanatically lighted , it authenticated as such charters used to be with many witnesses , for a farthing or small candle will never be able to do it , ) and it seems that that part of the modus , or the residue of that incredible tale or story was not ready at hand , when he was speaker of the house of commons in parliament , when queen elizabeth charged him to tell that house , that it was only in her power to summon , prorogue , adjourn and dissolve parliaments , which he without any contradiction of what she had spoken unto him faithfully related unto them , and they as little denied , et ideo oportet quod omnia quae affirmari vel informari concedi vel negari aut fieri debeat per communitates parliamenti concedi quae est ex tribus gradibus sive generibus parliamenti scilicet ex procuratoribus cleri , militibus comitatibus burgensibus qui repraesentant totam communitatem angliae , & non de magnatibus quia quilibet eorum est pro sua propria persona ad parliamentum , & pro nulla alia . and that levelling doctrine will want a confirmation in a record of h. . the original whereof is only thus . memorandum quod octavo die julii anno regni henrici regis post conquestum undecimo ipso dom . rege in parliamento suo apud westmonasterium tunc convocato sede sua regia in camera depicta residente praesentibus etiam tunc ibidem illustrissimis principibus bedford & gloucester ducibus ac reverendissimo in christo patre henr. cardinal . angliae caeterisque quam pluribus prelatis proceribus & communibus regni angliae ad parliamentum praedict . authoritate regia convocatus venerabilis pater johannis episcop bathon & wellen cancellarius angliae causam summoniconis ejusdem parliamenti ex ipsius domini regis mandato egregio assumens pro suo themate suspiciant montes pacem & colles justiciam in quibus rex verbis asservit quod triplex regni status potuit ut sibi videbat rationabiliter annotari ( several degrees or conditions of men videlicet , per montes praelalati proceres & magnates per colles milites armigeri & mercatores , & in populo cultores artifices & vulgares , ( used to be elected to come to parliaments in those days ) quos quidem status enuncialius exponend . asserint & ser nonnulla autoritates historias & exempla summaria demonstravit quod triplex deberet virtus politica eisdem tribus statibus specialiter pertinere videlicet prelatis & magnatibus pax veritas & vera concordia absque sictur . vel dissimulatione . militibus & mediocribus aequitas & mera justitia absque manutenentia & pauperum expressione vulgaribus vero vel inferioribus voluntaria regi & ejus legibus ( when he intended none of the three several states to be allowed the legislative power ) obedientia absque perj●rio & manutenentia . ex quibus si in regno angliae ●aliter se haberent maxima de conqueacencia ac regi & regno commoda quam plurima fine dubio pervenirent ad providend . igitur qualiter in regno montes praedicti pacem suscipiant colles que justitiam vulgari populo administrant ipsi etiam populi vulgares eorum antiquis relictis perjuriis divinis legibus & humanis plus solito fideliter obediant & intendant prefat . dominus noster rex ex sui sani avisamento concilii dictum presens parliamentum facerit convocari volens & concedens quod praefati magnates & comitates praedict . ( without giving either of them the title of estates ) omnibus & singulis libertatibus & quietanciis eis per nobiles progenitores ipsius domini regis quondam reges angliae concessis & per eundum dominum regem confirmatis & minime revocalis nec per legem angliae revocabilibus set per eosdem prelatos & magnates , & comitatem bene & rationabiliter usitatis gaudeant & ut antur dedit insuper prefat . cancellarius praedict . communibus ( without any title of estates ) nomine regio firmiter in mandatis quod in eorum domo communi antiquitus u●●tato in crastino convenirent & eorum prolocutorem eligerent , & sic electum prefat . domino regi 〈◊〉 ea celeritate qua commode poterant realiter presentarent . et ut justitia conqueri volentibus possit celerius adhiberi idem dominus noster rex certos receptores & ●riatores petitionum in praedicto parliamento exhibend . constituit & assignavit . item . die augusti anno presento domino rege & tribus regni statibus in presenti parliamento existentibus ( which being but a phrase or expression of the clerk could reach no further than the chancellors meaning in his before mentioned speech , relating several so●s or qualities of people then assembled in parliament ) post gratias redditas ex parte domini regis & ejus mandato communibus regni ( without any title or stile of estate ) tunc ibidem presentibus deorum bonis diligentiis & laboribus circa ea quae sibi ex parte regni injuncta fuerunt exhibitis & ostensis praefat . dominus cancellarum de mandato ejusdem domini ulterius declaravit qualiter idem dominus rex ipsorum communitat . relatione conceperat quod in civitate london et suburbiis gravis pestilentia ceperat oriri qualiterque prefat . communes ( without the appellation of estates ) plenam et particularum informationem et nolitiam notarium extorsionum oppressionum manutent et aliorum defect . in dicto regni habitorum unde idem dominum rex certiorari affectabat per eosdem nullatenus habuerint attendens etiam idem dominus rex qualiter tempus autump●ale in quo magnatibus circa suas recreationes et deductas ( without any title of estates ) insisquet communibus ( with no title or estates ) circa suarum messium congregationem intendere competabat similiter 〈…〉 propinguabat . quibus de causis et presertim ut prefati communes ( without any other title ) de extorsionibus oppressionibus riotis manutentiis et aliis defectibus praedictis particulariter informari possent ac dictum dominum regem inde plenius edoteri idem dominus rex dictum presens parliamentum usque xv . nam post festie scilicet michaelmis tunc proxim . futurum apud westminster voluit prorogari ac illud realiter prorogavit omnibus et singulis quorum interfuit firmiter injungendo quod apud westminster . dict . xv . die excusatione quacunque cessante personaliter convenirent ad tractandum comitandum et consentiendum super hiis quae tum ibidem pro pacis bono et regis et regni commodo favente domino contigerit ordinari , &c. and it is not a little remarkable how a man of so great learning and practise in the laws of england , as the aforesaid sir edward coke , should either be so much bewitched with that modus tenendi parliamentum , and at the same time so much admire littletons book of tenures as he believed many of his & caetera's , or abbrieviations therein to comprehend some more than common or ordinary point , or special matter of law worth the enquiry , and not be able to understand that the feudal laws were the fundamental laws of england , and supporters of the ancient monarchick government thereof , and were nearly allied to the civil or caesarean laws with their patroni or clients , and have descended unto us from the longobards , brittains , saxons , goths and vandals , and other northern nations , now and very anciently the laws whereby for the most part all christendom is and hath been governed , and that that excellent book of littleton , who was a judge in the raign of king edward the fourth now not above . years ago , contained a compendium summary and practice of our feudal laws , those best , most wholesome , firm and obliging laws in the world , then and long before used in england , should be so little acknowledged or beloved by sir edward coke , whose principal care and design hath for a long time been to disparage and bury them in oblivion , by his over-much magnifying that fatal and grand imposture of modus tenendi parliamentum , made it to be the machine or engine to batter and destroy our fortresses of loyalty , and should not have allowed his admirers as much or more than he did his and our littleton , to believe either that empusa or modus to be as a creed to a people in that frenzy , and almost national infatuity , wherein to he and his beloved modus had perswaded them , and by the help of the master of all craft and subtlety , turned our laws out of their ancient inheritance , and by stiling our feudal laws , the common laws by the hocus pocus insolence , and perjury of parliament rebellion now almost of fifty years continuance , rendred us to be like the jews in their seventy years captivity , who so forgot their primitive language as they were enforced to crave the incertain help of the mazorites to understand their own language , and by creeping themselves into that which our rebel innovates would have called a third estate , made themselves the governing essential and constituent part of the parliament , the generale consilium or colloquium of the nation , in arduis not in omnibus but quibusdam , being the most useful , wholesome and profitable in and through all the christian world , and so experimented where they are kept in their due and proper limits and boundaries in a due obedience to their kings and soveraigns , and cause as many as they can to believe them , that they as representing the people , ( who never trusted them to any or the like purpose ) have an inherent right of soveraignty in themselves to accuse , depose , or murder their kings , and elect or choose another , turn a monarchy into a republick or common-wealth , when there had not been in england , within the memory of any true record or impartial history any one before , framed by a factious and unquiet party of rebels in parliament , under the basest of hypocrisy that ever was practised in the world , upon the pretence of setting christ upon his throne . and could not be content , until they had without any cause raised a rebellion against their pious prince , and murdered him , forced from the people to maintain those their ungodly doings by taxes , as much as amounted unto millions of sterling money , besides the vast sums of money and riches gained by the extorted fines and compositions from the kings loyal party at goldsmiths and haberdasher's halls in london , the one for the th part of their estates , and the other for compounding for their supposed forfeiture for fighting to defend their king against his rebels , and their plunderings , sequestrations , and decimations of those with whom they had before compounded besides a tax for six months of every house-keeper in london , and its vast lines of communication for as much as their weekly diet amounted unto , with money borrowed upon that which they would call the publick faith , which cheat brought that godless party into their repository of the guild-hall in london abundance of money , plate , rings , jewels , silver bodkins and thimbles , many of whom after those villainous wars and rebellions something appeased being in poverty , have been the constant attenders at the house of commons doors in parliament , to enquire for madam publick faith's habitation , but could never be able to find it , and besides all these wickednesses , could not think they had done enough , until they had added unto their many sins , that no small sin of sacriledge , by sequestring the orthodox ministers , imprisoning of the bishops , and sale of their and the deans and chapters , prebends and cannons lands , and their woods and possessions , banishing and every way impoverishing them , shutting up all or many of the church doors in wales , upon pretence of reforming or propagating religion , but gathering the tithes into their own purses , sale of the king , queen and princes houses , and rich moveables , and of all their lands and revenues , the coats of their yeomen of the guard , and the plate in their royal chappels ; allen a goldsmith , and member of that house of commons , picking out and exchanging the jewels out of the kings crown , and putting in counterfeit , plundered and sold much of the lands and goods of the nobility , displaced the masters of colledges and halls in both the universities , without shewing any cause more than that they would put in another of their own party , and began to gape , and lick their lips after a like reformation of their lands and revenues , tore up the brass upon monuments upon the ground , and made money of them , because there was inscribed upon them orate pro nobis , and broke those glass windows that had any pictures or images in them , for fear of superstition , made a stable for horses in the cathedral of st. pauls in london , where heaps of dung might be as high as the roof , and sawyers seen sawing in the grave where the bishop of london was buried that obtained the city of londons charter of their liberties from william the conqueror for which their more grateful successive mayors and aldermen , at great solemnities never failed at their coming to that cathedral in a kind of procession to walk about it . and the othodox clergy of the church of england calumniated by mr. john white a lawyer of the late seditious edition , who being a chairman appointed by a committee of parliament , to relieve those that they would call plundered ministers , being the factious antichurch party , did so order the matter , as to put out all the orthodox ministers , and taking his notes and examinations in characters , was able to interpret them how he pleased , and upon the accusation of a cobler at lambeth , that the learned dr. featly had preached false doctrine , he must be turned out of his benefice , and imprisoned at lambeth , wherein besides many other , if not all , he or his notes were shrewdly mistaken , when one mr. clopham a minister was for adultery ejected , when it was proved that by a fall from his horse , he was so disabled in his genitals as he could not be guilty of it . and the ecclesiastical plunder masters were to take a more than ordinary care , that when their small comcompassion had been pleased to allow the sequestred ministers wives and children a th part of their husbands benefices , that they should have as little , and as hardly as could be of it , when after they had tired themselves with their petitions to the upper and lower committees , they had obtained an order for that their small pittance found no other comfort , after that they had travelled forty or fifty , or more miles unto one that should pay it , then one who being more merciful and candid than the rest was pleased to shew a small common or private almost invisible note or mark in the order that they should not obey it . mean while about of sequestred ministers of the west parts of england could have no better a place provided for them than to be imprisoned at lambeth house , but a little before notoriously infected with the plague , and ordered an alderman of london , whose son is yet living to attend them with two culverings or small pieces of cannon ready charged to fire upon them , as they were in the chappel serving god , and hearing doctor featly preach unto them , where they had perished if god had not in mercy provided an escape for them . and if this were or could be proved or justified to be a work for such a third estate , as that modus tenendi parliamentum was so willing to provide for our laws , having in their subordination to gods laws , and not opposite unto them been truly believed , and said to have been derived from right reason , yet that is always to be understood to be so , when it hath received the sanction of the king , and are not agitated by the various wills , interest and fancies of the people next unto madness . and it might amuse and amaze all the men of law and learning in the kingdom of england , how sir edward coke that hath been attempted to be a man of so great knowledge and experience in the law , and entrusted with so many weighty charges and offices in our laws , as lord chief justice of the court of common pleas , and afterwards of the court of kings bench , and so great a collector and remembrancer of the cases and judgments in the law , with their various forms and entries should have so often read in his so greatly beloved book of littleton , the chapters of homage , and homage auncestrel , and escuage assessed in our parliaments , could think it to be the common law of england , and that by which it had for many centuries past been governed , and not to be by its true and original name and nation , as well here as in all the other parts of the christian world the feudal law , and what else where those feudal laws used in england , which our learned sir henry spelman and dr. zouch mr. of alban-hall in oxford so largely & directly mentioned to have their beneficial use and residence amongst us allowed and repeated by the very learned , the sieur du fresne a baron of france , and other good authors and historians . and if those premises cannot be enough to satisfy us , sir edward coke , if he were alive , might do well to instruct us what law that homage and escuage appertained unto . and if there were any other laws that this kingdom was governed by when and by whom they were introduced , and of how long continuance , for it may be hoped that our sons of novelty will not be so impudent as to offer to obtrude upon the world the follies and villanies of wat tiler and jack cade , our late pretended rebuplicans or their cheating instrument maker oliver cromwel . or upon what other laws than feudal are our magna charta and charta de foresta supported , and as often as thirty times in several of our parliaments confirmed , when all our many english rebellions , troubles of state and commotions either at home at abroad have left it as a quiddam sacrum more than the safe guarded vestal fire amongst the romans , or can shew us in any of our records , annals or holy writ , wrested or misinterpreted , that the dernier resort or appeal hath been or ought to be in the people , unless they can make themselves or any others believe that there was something or more revealed to them than was in the scripture or holy prophets , for there was no third estate under our kings to assist their councels in parliaments subordinate unto them put upon them , nor intended to be by the conservators enforced upon king john in the rebellious parliament and battle at running mede , afterwards reduced to four , or when their captain general robert fitz-walter was stiled mariscallus exercitus dei & ecclesiae anglicanae , neither in anno . h. . being over-powered by some of his rebellious barons , where those conservators were turned into the one half to be nominated by the king , the other by the contending party at the parliament at oxford , or when that afterwards adjudged derogatory parliament to kingly authority was referred by king henry the third and the rebellious barons unto the arbitration of the king of france or sworn to abide it , none of the rebellious party were entituled estates , or in that after rebellion and detaining king henry the and prince edward his son about a year and a quarter they would not adventure to form or imitate a general councel in that captive kings name , those few that came were not called or intended to be a estate in an house of commons nor in any of the many rescripts or mandates which symon montfort and his partner rebels made in their captive kings name nor in any parliament after his release or in the parliament of king edward the first when he was pleased to suffer some of the commons elected by his writs to attend in the house of commons in parliament , neither had they the boldness in all his long raign of years , or in the , or years of king edward the second , or the fifty one years of king edward the third , or in the raign of king richard the until the title of estates crept in as aforesaid , and mr. pryn made himself after the creator of them in his misused rectifying . and having as they thought turned the tables the wrong way in calling our feudal laws the common laws , which indeed they are , should be , and a long time have been have so far put them out of their right place , order and station , as they think they have changed our feudal laws which are & should be the only fundamental laws of the kingdom and government thereof into a quite contrary , and too many of our lawyers have been so willing to forget them , as they had rather now of late make us believe if they could the tricks of attorneys to be our common laws , than our more ancient , legal , rational and fundamental feudal laws ; insomuch that one , that thinks himself no small one , hath of late been pleased to say very considerately as he thought , that the study and knowledge of antiquities was but like the picking up of old iron in the london streets or kennels . as if the prophet jeremy had either mistaken or lost the commission which our alwise and omniscient god had given him , when he advised us stare super vias antiquas & inquirere veritatem , and such lawyers of a late edition might find themselves hard put to it to answer the question how or from whence proceeded or were derived our oaths of allegiance and supremacy , which have for so many ages past been legally taken and enjoyned , and do and ought yet to continue , if not from an ancient fundamental feudal laws from what other laws of god or man were they derived , or any the various customs or usages of either heathen or christian , fixt or established by by any other rational custom or usage or unfixt and left only to the divers interests , occasions and contingencies of every mans particular interest and affairs , and can never be ascertained how long they shall continue in one and the same mind and good liking , and where the systeem of these laws , usages or customs are or may be found , or what oaths of allegiance and supremacy have been sworn unto or upon them . whether upon the old custom of england of wrastling or choosing king and queen at the epiphany or twelft night at christmas . and if they would be a governing estate may think themselves not a little beholding unto such as can either think or believe that they are or ought to be so in love with them as to trust them as formerly they had done , and could tell their brethren of scotland that their promises were but conditional , and did very lovingly alter order their man of sin oliver cromwel to beat , subdue , and after their laws and religion , promised the people of england , after that they had murthered their king and laws , that they would maintain and govern by the fundamental laws , when they did all they could to subvert them , after they had coined it to be high treason in their cutting off the head of the late earl of strafford , and the illustrious family of the prince of orange , william the great restorer and rescuer of the ordines or states of holland and west-friezland , ( without the rest of their united provinces ) lying now interred under a stately tomb at 〈◊〉 in holland , with his well deserved attributes could not escape their ingratitude , when to please that protector of the english villanies , and provide as well as they could for their self preservation , they made a league and agreement with that great master of hypocrisy , se neque cel 〈…〉 um oransionensem principem at que ex ejusdem familiae linea quempiam provinciae suae praefectum vicarium vel archithalassim dehinc electum esse , neque etiam quantum ad provinciae suae ordinum suffragia a●●inet permissaros ( obliging themselves for the residue ) ut unquam eorum quisquam foederatorum provinciae militiae prae●●iuntur , which they perswaded themselves would be sufficient enough to satisfie their particular consciences , if they could but procure their associate confederates to be of the same perswasion , and be as little to be trusted as themselves upon no other reason than that , quinimo eousque remedisse videtur ut ea quae reliqui provinciarum ordines perversa indicarunt varia uti loquuntur deductionibus d. d. ordinum generalium concilio judicata adeoque concepta adeoque conscripta fuerunt exhibita , idcirco jam ante inquirenti nobiles ac provinciarum hollandiae west frisiaeque ordines neutiquam dubitantes quin nonnulli provinciarum ●●deratarum ordines non aliam ob causam minus convenienter indicarent rerum omnium statum & fundamentum & quaecunque ex illo dependent ipsas denique veras rerum circumstantias haud plane edocti fuerunt , nec quenquam fere quin postremum omnia & singula eorundem acta factaque cognoverit sive alteri examini subjicere omni dubio procul solitae sollicitudini nobilium & procerum west frisiae ordinum quam in salutem reipublica quotidie intendant attributum sic nunc demum secundum promissa juxta decretum quarto die junii proxime elapso praepotentibus d. d. ordinibus general . uti quoque literis deinde nono die exarat . & relinquarum provinciarum gen. potentibus b. b. ordinibus exhibita apertam sinceram veramque rerum omnium quae ad instrumentum seclusionis pertinent detectionem foederatis ordinibus exhibere voluerunt simul etiam omni ex parte nihil se quicquam in universo hoc negotio actum concessum confirmatumque fuisse quin id omne extra controversiam sibi absque alicujus provinciae damno , aut praejudicio agere concedere seu confirmare labore licuerit in quantum patriae comodum ejusdemque incolarum & subditorum salus atque incolumitas postulat , ( being no good excuse but an oliver satisfaction either in latine , english or dutch , ) but a trick of olivers , to work and model his own designs by affrighting them into the height of ingratitude , and an act of oblivion of their oaths and league with their formerly united confederates . and our english in the troubles and stirs betwixt king john and some of his barons , when there were thirteen knights in every county of england and wales , sworn to certifie the liberties of the people , and in the raign of king henry the third the like number , there were no liberties of a third estate to be found in either of them . and when the tired self created republick never before heard of , seen , felt , understood or exampled in england , wales , ireland , or scotland , and its vast american plantations , and knew not how like phaeton to guide their ambitious chariot , and the horses would for want of conduct be disorderly , run and tear themselves , chariot and all in peices , and make the driver never more covet exaltations , and fearing that the great villanies and oppressions which they had for many years together committed , and pillaging of three kingdoms might shortly after retaliate and give them bitter meat to their sweet sauce , and supposing that they might have no small assistance from their hypocrite oliver cromwel and his rebel army , did so suffer him and his officers and mechanicks to creep into their parliament or house of rebels as in a short time the one part of the army getting into london , and the other quartering or encamping round about it , and intermedling with the government , and procuring for themselves and their friends memberships in the house of commons in parliament , as no small part of them had wrought themselves into that house of commons , and the speaker lenthal with as much weathercock fidelity as rebellion , fear and folly had suggested unto him , ran away to the army , who triumphantly marching in a militrary manner with their cannon and artillery , brought him back again and seated him in his traytors chair , which kind of house of commons being thus tamed , became easily perswaded by a pack of daemons on both sides to make a formal surrender of that which they would call the peoples liberties which could be no more than what was forfeited by treason by them which had rebelled against their king. and where then could remain , lurk or lye hid their so longed after third estateship , when cromwel had over-reached them with an instrument of his own making , and allowed them ( especially when he pulled mr. pryn that had so championed the business as he stuft a large book with arguments to evidence the supremacy of both houses of parliament , when a little before he had written a book of the superiority of the house of peers in parliament , and was little to be pardoned when mr. pryn the barrister wrote against mr. pryn a bencher of lincolns-inn ) therein not their third estateship or any such republican title at all , but in lieu thereof caused some of his janisaries amongst whom was an irish popish priest with his red-coat musket and bandaliers to pull out of that house of commons mr. pryn and divers other of the members , and imprisoned him and some other in a room or alehouse under westminster-hall for a night and some short time after . and without any belief as is probable of sir edward cokes aforesaid new modus tenendi parliamentum made a frame or modus of his own with six knights of every county where there were before but two , and in some boroughs fewer than formerly , and at another time pulled out their members and shut up the house doors , & called our magna charta when it was pleaded magna farta , which was not the method praescribed in sir edward cokes modus which mr. pryn saith would be an absolute or certain way to introduce levelling or a power in the common people , or to aggrandize the power of a contrived parliament to govern the king , when that gentle fictitious modus is content to allow the king , a salvo dom . regi et ejus consilio quod ipsi hujusmodi ordinaciones of . . or . of the committee postquam scripta fuerint examinare & emendare valeant si hoc facere sciant & valeant , ita quod hoc fiat tunc & ibidem in pleno parliamento & de assensu parliamenti , et non retro parliamentum , which last clause saith mr. pryn quite spoils altars , and contradicts what the community of twelve , six or three had ordained . and king edward the confessor whom the many foregoing and after ages have justly and truly reported and esteemed to be neither oliver cromwel or the mistaken sir edward coke with their several modi tenendi parliamenta , did not find either of them in his recherches amongst all the laws of the mulumtians , mercian , saxon and danish laws and other ancient customs used in england in his time when he was monarch thereof , and vicarius summi regis ordained laws concilio baronum angliae & leges annos sopitas excitavit excitatas reparavit reparatas , decoravit decoratas , confirmavis confirmatas vero vocantur leges edwardi regis non quod ipse primo eas adinvenisse dicitur sed cum praetermissa fuissent & oblivioni penitus dedita a diebus avi sui edgari qui annis regnavit , ipse edwardus quia justa erant & honesta a profunda abyssu extravit ( as if he had pulled them out of some holes , vauts or cranyes ) eas revocavit & ut suas observandas contradidit , wherein there is nothing at all that may be subservient to the wildest kind of interpretation of a modus tenendi parliamentum which in the case of so great , rational and fundamental general councel as a parliament could not be beleived to be omitted in the making and framing k. edward the confessors laws , nor can they be conceived or believed to be made at one time but at several times during his raign , and in these although there are extant a very great commendation of the usefulness of the law of friborghs or tithings there is not a word or any thing to be understood of the members of the house of commons in parliament being a third estate . for it appears in anno in a parliament holden at london , the king consulted with the bishops apart , the earls and barons apart , and the abbots and priors apart , about the popes not performing his promise concerning his removal of the grievances of the kingdom ( where were none of the common people either as a third estate or otherwise ) which was before his imprisonment in the th year of his raign by some of his rebellious barons , and in all his raign before there is often mention of his bishops , earls and barons , magnates , and grand conseil , but nothing at all of commons or a formed house of commons until the th year of his raign , and not long before at a parliament assembled totam nobilitatem angliae . for before the year of that kings raign nobiles angliae tam viri ecclesiastici quam seculares , met in a parliament at london , ita quod nunquam tam populosa multitudo ibi antea visa fuit , where the king informing them of his necessities and requiring an aid , they ( not any commons but the lords spiritual and temporal ) began to be very querelous , and remembring old grievances as they called them , demanded the justiciary , chancellor and treasurer might be chosen by the common councel of the kingdom , which by the records and annalists was never understood to be any other than the lords spiritual and temporal in parliament summoned to give their advice to the king as the greatest men of wisdom and estates in whom that and the obedience of the common people were justly included , the choice of which great offices of state ( sir edward cokes modus tenendi parliamentum having not then peeped into the world to help to disturb it ) the lords spiritual and temporal then alledged to appertain unto them , ( not unto the vulgar or common people ) and had been justly and anciently due unto them ab antiquo justum & consuetum which had no longer a date than the enforced charter of king john at running mede , and the collateral strange security at the same time given for the conservators of the liberties of the people , to maintain its antiquity , than something less than years before , which propositions the king denying , that councel was dissolved without any claim of the common peoples third estateship or being an essential or constituent part of the parliament , or to have votum decisivum therein . there was no such modus tenendi senatum or parliamentum then so stiled when the roman empire began its rise , for shortly after though their stile or title was senatus populusque romanus yet their historians tell us that they had their patritii , and menenius agrippa when the rabble vulgus or common people had made an insurrection or mutiny and gone tumultuously into the mount aventine , knew better how to bring them again into their wits by a pleasant well understood fable or apologue of the head members belly and paunch in their bodies natural , and our republican estate men might read and understand that those common peoples votes or dictates were able to reach no further than their plebiscita , and never could arrive unto a senatus consultum , that when julius caesar came into our brittain before the incarnation of our redeemer , and that nation had planted colonies here , they left us no modus tenendi senatum , neither did agricola ( governor here for the roman colonies who had taught our nation the use of the roman gown and civilities ) teach them the modus tenendi parliamentum , or senatum which sir edward coke dreamed of , or inform them that the common people were a third estate , or had an inhaerent soveraignty in them . in all the laws of dunwallo mulumtius there was no mention of law for a modus tenendi parliamentum , or in those of mercia regina britonum , or in the time of the heptarchy of the saxon kings , or of king ethelbert who raigned here in the year after christ . neither in the laws of king ina who raigned in england about the year . or in the laws of king alured who began his raign in anno . and ended in anno . and declares that he had ordained , collected and put them together , atque easdem literis mandavit quorum bonam certe partem majores sui religiose coluerunt , mul●a etiam sibi digna videntur quae sibi observari melius commoda videbantur , ea consulto sapientum partim antiquanda partino innovanda videbantur curavit . at quoniam temeritatis videatur ex suis ipsius decretis quenquam literarum monumentis consignare tum etiam se quidem apud posteros justitiae suae fidem quae se magni fecerit quaecunque in actis inae gentilis sui offae merciorum regis , ethelfredi magni ethelbaldi qui primum anglicos sacro baptismate , tinctus observata digna deprehendit , ea collegit , congessit , reliqua plene omisit . or in any of the books if they were extant said to have been written by that great king , viz. breviarium quoddam collectum ex legibus trojanorum , graecorum britannorum , saxonum & danorum as hath been before mentioned . or in or by the laws of king edward who raigned here in anno . when iis omnibus quae republicae praesunt etiam atque etiam mandavit ut omnibus quoad ejus facere poterint aequos se praebeant judices perinde ut in judiciali libro scriptum habetur ( no warrant yet appearing for a modus tenendi parliamentum , nor a third estate over-ruling or voting their soveraign ) nec quicquam formident , jus commune audacter dicant & litibus singalis dici quibus dijudicantur codicibus statuit . or in the laws of king athelstan who raigned here in the year . the heptarchy being then reduced to its pristine estate of monarchy , or in or by his laws in a councel holden at exeter , or in or by any the laws of king edmond . or in or by any the first written laws said to be of the brittains in the raign of their king howel dha stiled the good , or in or by any the laws of king eldred made in or about the year . or in or by any the laws of king edgar who raigned about the year . and stiled himself favente dei gratia ( not of the people ) totius angliae rex & imperator , as he might well do when he was rowed in a ship or barge upon the river dee in wales by four of his tributary kings . or by king edward made in or about the year . in the senatus consultum , league or agreement made betwixt him and the monticuli — walliae angliae sapientum and walliae consiliis . or in the pact or agreement made betwixt king edmond ironside and canutes the dane , when they were perswaded to spare the dire effect of a bloody battle and leave the ●vent unto a personal combate betwixt the king and his danish competitor in the view of both armies , whereupon they both being ferried over into the near isle of alney , the strong ironside so wearied and almost vanquished the dane , as he willingly agreed to be content with the moity of the kingdom . neither doth there any thing appear in or by the laws of our king canutus who raigned here about the year . ex sapientum consilio . or in or by any the laws or constitutions of william the conqueror , or any of our succeedings kings or princes . and the late new framers of new governments calculated for the meridian of their own profit and ambitious , factious designs , might have better informed themselves by the reading those mischievous provisions imposed at a parliament at oxford upon king henry the third and his son prince edward , which being afterwards by the king and the contending barons referred to the arbitration of the king of france , a not long before enemy enough of king henry the third with an engagement on both sides upon oath to abide by his award , those provisions were upon a full hearing before that king and his great councel the parliament at paris in the presence of all the contending parties adjudged to be null and void as derogatory to kingly government , as hath been here before expressed , that although in those provisions there was another solemn jury impannelled in every county to enquire and certify all and every the supposed breaches of liberties and their verdict under their hands and seals were returned into the court of chancery , there is nothing to be found of the contents or complaints expected , and that there being by those provisions to be parliaments in every year , one at michaelmas , or at candlemas , and a third at the first of june , and to represent the common people were to be elected by the barons , and they that were chosen were none other than bishops and barons and the hautes homes , so small was then the trust in the vulgus or common people , and so nothing at all either in behalf or consideration of modus tenendi parliamentum or a third estate or soveraignty in the people , or can any rationally beleive that the clerks in the house of peers ( which is the highest court of record under their soveraign , and the house of commons none , but often supplicating the other to record and inrol their special matters and protestations , and in the parliament of r. . when the five great lords appealed five other as big as they of high treason , and throwing down their gauntlets with armies ready to attend their purposes , and the bishops had made their protestation and forsook their places , ) might not by a facile inadvertency have suffer'd the word estates to have crept under their pens , and be a means of procreating some of the like unfortunate errors , yet were they now amongst the living and examined , they would swear they intended none other than the lords spiritual and temporal , but subordinate to the king , especially when the whole tenor and current of our multitudes of acts of parliament , except those few of richard the . that murdered his nephew the young king to get into his throne by flattering the people , and calling them estates , seem to have no acquaintance with that since misused word or expression , as some have done by saying when he came once to sit in chancery the king can do no wrong . and it might be more marvellous than the seven wonders of england that so great an elevation and belief should be in that mistaken part of parliament , ( when in the storm and tide of a faction and sedition driving on a horrid rebellion in order to the murder of their king they had in their more than pharisaical fastings and prayers with protestations to make him a glorious king put him into insufferable fetters as it were of iron ) as to impose upon him in the th year of his raign to put the power of summoning the parliament once in every three years , if he should omit it , to the lord chancellor or keeper of the great seal under severe penalties upon their oaths at a certain praefixation of time , and upon his failing to any twelve or more of the house of peers , and every house might choose their own speaker , and administer the oaths of allegiance and supremacy to their members , and that therein should be omitted the title of estates or some other character of grandetza , if it had at all been justly due unto them . when in december the house of commons in parliament by a remonstrance made unto king james ( not being able to shew any good law or reason to the contrary ) did declare that they did not assume to themselves any power to determine of religion or war , nor did intend to intrude or encroach upon the sacred bounds of his royal majesty , to whom only they acknowledged it did belong to resolve of peace and war , and the marriage of the most noble prince his son. but as his loyal and humble subjects representing the whole commons of the kingdom ( who had a large interest in the happy and prosperous estate of his majesty the church and commonwealth did resolve out of their care and fear truly and plainly to demonstrate those things unto his majesty , which they were not assured , could otherwise come so fully and clearly unto his knowledge without expectation of any other answer of his majesty concerning those higher points , than what at his good pleasure , and in his own time should be held fit . and in that great ambition and insatiable thirst of liberties and priviledges improperly tumbled and tossed one upon another , whereby the subjects of england have for so many ages and centuries past turmoiled and troubled their kings and princes with seditions and rebellions , and ruined themselves and their families , a more than ordinary care and heed ought to be taken , as very necessary requisites thereunto , tam per acquirentem quam concedentem , saith the very learned reynoldus curick . . reynoldus curick , ne contra jus divinum positivum & morale in ejusque abolitionem quicquam indulgeat vel largiatur . . ne contra jura naturalia & gentium . . ne per concessionem privilegiorum leges fundamentales infringat inprimis juratas quia enim leges fundamentales sint quasi anmia & nervi reipublicae , & necesse est iis sublatis rempublicam corruere . . ne per privilegium quicquam in praejudicium reipublice alienetur which our laws have heretofore taken an especial care to prevent in the not granting by our kings and princes any fair or market without an enquiry first had certified by a writ of ad quod dampnum in the negative . . ne privilegium vergat contra utilitatem publicam . . ne privilegium in praejudicium damnum vel injuriam tertii vergat . . ne prvilegium nimiam inequalitatem inter subditos importat aut exemptionem aut immunitatem a muneribus ordinariis peculiarem , which in our laws are to be granted to men above years of age not to be impannelled on a jury . . ne super lite pendente nec contra rem judicatum privilegium ullum detur , taliter enim privilegium datum nullum est . . ne per privilegium monopolium constituetur quippe legibus aliis antiquis & novis damnatum ac sua natura omnibus merito exosum . . ne per privilegium sontes a paenis promeritis eximantur . . ut privilegia sint rara potius quam nimia quae perinde ac multa leges vitandae sunt . ex privilegiorum nimietate omnes illi privilegiorum abusus resultant & realia dum per familias & successiones traduntur paulatim eo tendunt ut principem non agnoscant nullaque in re obtemperent personalia minus quidem diuturne sunt sed multitudine vilescunt . et in quos nimia congeruntur fere praecipitant maleque sua opprimunt renumerativa sunt quamvis minus sunt invidiosa ingratos tamen & superbos efficiunt conventionalia venditioni propria sunt , nec in beneficio ponunt etiam quae parvo sunt precio compararunt uti scribit adam contzen . lib. . polit . ca. . & . nulla magis re quam privilegiis contra dominos servi , contra patronos invalescunt clientes , nec dicere timuit omnium quae a ducentis annis quae principatus germaniae civitatesque concusserunt seditionum originem a privilegiis multis magnisque manasse ; hinc fredericus mindanus l. . de mand . ca. . n. . exclamat utinam divi mortalium , opt. max. imperatoris nostri non nimium privilegiorum indulsissent vel concessissent , hac enim via tota italia , polonia , & aliae potentissimae provinciae imperii romani fraenam excusserunt ut itaque omne incommodum evitetur adsit modus qui si absit . vertitur liberalitas in exitium tacitus lib. . historium . requiritur etiam ex parte acquirentis . . ne per fraudem aut mendacium privilegium impotest . . ne per vim aut metum . . ut virtute potius meritisque quam nuda pecunia privilegia acquirantur . . ut quamvis ad privilegium alicujus acquisitionem regulariter citatio non requiratur , si tamen privilegium illud vergat in praejudicium tertii simile privilegium quocunque modo habentis is de cujus praejudicio agitur adcibetur . . ut privilegium adversus aliquem obtentum legitime eidem et judici ordinario istius loco insinuetur . . ut in scripto vel instrumento privilegium obtineatur . . ne impetrentur privilegia obscura . . ne pecantur privilegia ludicra inepta et ignominiosa aut am antea jure communi concessa . . ut privilegia impetrata bene quoque sint clausulata . . ne privilegia quae petuntur sint de genere prohibitorum nec ambitiosa . and as to the end of priviledges they ought to be , . bonum publicum . . decus & gloria principis . . stricti juris temperamentum . . meritorum aeque recompensatio & ad bene agendum invitatio . . dignitatum , ordinum et munerum publicorum conservatio . . personarum et rerum secundum omnes circumstantias justus respectus . as to the effect of priviledges . . quod idem operentur atque lex et jus commune . . idem operatur quod consuetudo vel statutum . . potentius est jure communi . . fortius operatur quam pactum . . immunitatem a muneribus personalibus et civilibus praestant , as in our laws the kings protections of his servants do operate . all which requisites in the pretended obtainers will not be warranted by the invitation of the rebel brethren of scotland , or by their treaty with the blessed martyr at rippen when he was so necessitated , or by the long lasting rebellion of the english parliament joining with them and obtaining their help , or by the many underminings of monarchy , and pretending false priviledges , or the murder of him afterwards , when he was at his arraignment told by that impudent rebel bradshaw ( not then stiling them a third estate ) bidding his soveraign hold his peace , for that the vote of the house of commons was the reason of the kingdom . when it ought every where to be acknowledged by the rules of reason and truth that privilegia are so called a privando leges , and it should alwaies be believed that peccandi potentia non est libertas , neque pars libertatis est indubitata doctrina . et quae omnium pene graviorum authorum suffragio nititur hanc habet expresse d. bonaventure in distinct . q. . nec habet tantum sed probat plurimis rationibus hanc tradit d. augustinus lib. de arbitr . cap. . ubi docet peccandi potentiam non modo non esse libertatem nec partem libertatis sed esse defectum ejus , et dixit d. tho. qui. . p. . quest. dixit angelos quia peccare non possunt liberiores esse nobis qui pecca e possunt . and cicero defineth liberty to be potestas vivendi ut velint at non vivit ut velit , qui juxta sensus carnis suae & cupiditatis , sed is solummodo qui vivit juxta rationem ; plutarchus & epictetus eandem libertatis definitionem nobis dederunt , not that liberum esse debet dici cui nec impedimentum praeberi possit volenti , nec vis inferri volenti , but if none of the fancied vast liberties which the too many of our state or government menders would entitle their own evil designs , and entail upon all that shall be so foolishly wicked as to be deluded by them ; and the costly searches of mr. william pettit amounting by his own report unto more than five hundred pounds in all that could be found in any the books and manuscripts publick or private of england , cannot reach or come so near as unto a probability that there ever were in the brittish , roman , saxon , danish or norman raigns of our kings and princes , and their many royal successors ever since or long before that , since the creation of the world either in parliament , or without any mention of a third estate inherent in the people , and they must be content to go a begging for a belief in some lately discovered island , where they may dream any such stuff may be sound either as their modus tenendi parliamentum or a third estate , as subjects at the same time governing their kings and princes , when by their oaths of allegiance and supremacy , they are bound alwaies to be obedient unto them as ( next under god ) their supremehead and governor . and may curse their fate that every thing their scrutinies can assist them with , should not with wresting , wringing and false and senseless interpretations appear at all to be for their purposes , but every thing clearly against them , and sorrowfully repent that they or their predecessors had so unhappily busied themselves in destroying so many props of the monarchick government , as the court of star chamber wherein did sometimes sit as judges , the lord chancellor , lord treasurer , and the chief judges of both the benches and the barons of the exchequer the archbishop of canterbury , and divers of the kings privy council , who as judges in seveveral courts did sit there upon special occasions , and the procuring the king to take away the high commission court in their miscarried designs of levelling the hierarchy and order of bishops ; the want of which two very necessary and useful courts hath suffred the nation to be overflown with all manner of wickedness and impiety . and in that their over-hasty carreer of breaking our english monarchy like a glass into many small or little peices needed not to have been so hasty but have paused a little while & have considered , that as unto the circumstances of time , place , number of persons , usages and customs in a variety of contingencies , being the only ancient , proper and efficient cause of summoning parliaments , adjorning or dissolving them , there could not be a probability of a modus tenendi parliamentum either in king edward the confessors raign , or before or after , for that our parliament rolls and records do una voce plainly declare against it , and shew that many times parliaments have been holden in the absence of our kings by the prince his eldest son , or by some other of their sons as lieutenants or guardians of their kingdom , or by the queen mother assisted by the kings justitary or other commissioners , during the imprisonment of king richard the first , or by the queen consort of king john in his absence , or by king henry the th in his usurpation upon king richard the second , when he unjustly made use of a parliament summoned by him ; and there could not be a third estate in the raign of king charles the second when he had as aforesaid so unfortunately been ill advised to exchange the nerves , sinews , strength and honour of his crown and government for a mistaken recompence of an excise upon ale , beer , and syder , and then there were but two estates , viz. the lords spiritual and temporal subordinate unto their soveraign , and it would be a difficulty insuperable to find any truth , reason , evidence , probability or possibility that there is or ought to be a soveraignty inhaerent in the people , or if such improbabilities were or could be , what method or contenting equal distribution could be made thereof , amongst learned and unlearned , ambitious , rich , and poor , rude , ignorant , or better tempered vicious or virtuous women and children or fooles , madmen in their intervals or without , when some have not improbably calculated the number of the kings subjects in england only to be not much under five millions , besides these vast numbers in scotland and ireland ; and who upon any or many discords like to happen should be the pacifying reconciler , justiciary or umpire betwixt them , and what charters , agreements or surrenders should be contrived or put in writing betwixt them , concerning the right use or distribution of that never to be proved inhaerent soveraignty in the people taking as subjects the oaths of allegiance and supremacy , or that ever it was attempted before our english rebellions either in england , scotland or ireland , or can they give us any reason or demonstration that it was ever allowed of , or that any pact or agreement was made to confirm it . neither is there any modus tenendi parliamentum , or any such thing or matter as a three governing estate in the solemn recognition made in a parliament at clarenden in the raign of king henry the second of the anitae consuetudines or laws used in the time or raign of his grand-father king henry the first , which the archbishops and bishops verbo veritatis sine dolo , & malo ing nio promised faithfully to obey , and the earls and barons likewise . and will be a priviledge never taught to the athenians ( sometimes the wiser part of greece by their great legislator solon , who after he had made them some laws feigned a voyage or journey to salamia , and caused them to swear to observe them until his return and absented himself the longer because he would not have them break them , as pisistratus the tyrant did afterwards to his own advantage perswade them to do ; the spartans under their great legislator lycurgus and the many other little commonwealths of achaia first fooled by philip of macedon , afterwards by alexander the great his son , who conquered all that part of the world but diogenes the philosopher in his tub , now all into slavery the ottoman empire , had long before better business to trouble their heads with than the fond imagination of a soveraignty inhaerent in themselves , although one of their most ●acred laws in their ten tables was , slus populi sit suprema lex ne quid detrimenti res publica capiat , neither did the romans those cordatissimi mortales , ( as the learned pettus cunaeus hath stiled them ) and most watchful of their priviledges , the wary long lasting republick of venice or the later confederates of the united provinces ever trouble themselves or any other with such reasonless incredible whimsies , it being impossible that subject and soveraignty should constare vel consistere in uno eodenque subjecto . neither when jeroboam drew away the ten tribes of israel from the obedience of rehoboam , and made as the holy scripture saith all israel to sin , was there any such opinion amongst their cabalistical doctrines ? the republicks of venice & holland could not be capable of leagues and treaties with monarch and forreign princes as unto war and commerce , nor the little common-wealths of genoa and geneva , or those many imperial free cities or towns in or near germany , or the electors of the empire or the hanse towns , should they give entertainment unto such fancies and fopperies as a soveraignty in the people , neither would the cantons of of helvetia or switzerland think themselves well used to be obliged to such a parcel of unpracticable folly . and if those egregious cavillators can find no way of retreat for those their notorious follies but to fly for succour unto praescription , that will ( if they could as they will never be able to prove it ( yeild them as little comfort for a rebellious electing of some few members into the house of commons first formed as unto a small number of them during the imprisonment of king henry the third by montforts army of rebels that would not mount unto a prescription quia mala fide , and if it could have come up to any thing like a prescription , there would be no reason or need for an election of members to be in the house of commons in parliament by the sheriffs by the mandate or warrant of the kings writs , or how could a party drawn out of such a pretended inhaerent soveraignty in the people , rationally subsist when those their untruly supposed rights or priviledges cannot upon the most exact enquiry be found or discerned amongst all the records , charters and patents of our kings and princes , or those of any of our neighbour nations of christendom , or of any other nation , white , black , or tawncy , but do plainly contradict it and declare the quite contrary , and will manifest it , to be the greatest cheat and villany that ever was put upon the sons and daughters of mankind either as unto a pretended inhaerent soveraignty or a third estate , or the figment of a modus tenendi parliamentum . or how could any of our kings rightly and justly stile them a third estate when they could not choose a speaker without their license , nor leavy their wages without his writs directed to the sheriffs for that purpose , nor punish any that had arrested any of them or their maenial servants whilst they attended the king in their service for him and their own good , and at all conferences either in their own house or in the house of peers were to stand uncovered when the lords sate covered , could not grant tax or aid without the consent of the lords spiritual and temporal , and in king edward . his raign and some of our after kings have refused to intermeddle or give advice in matters of peace and war , but desired that the councel of the lords as the most able might be taken therein . in the , and . h. . the knights and burgesses of chester had no title of estates , but the same king in the act of parliament declaring in what order and manner the lords should sit in the house of peers in parliament , made no appointment for or concerning any of the house of commons , as if they had been no essential part of parliament , & that in the great case of mr. george ferrars a member of the house of commons as wel as a servant of that kings upon a complaint that he had been imprisoned , and the kings serjeant at arms attending their speaker , was beaten and abused the house of commons in parliament complained to the house of lords who remitted it to them again , and no remedy or punishment could be had until it came to the king himself , who without any mention or title given unto them of a third estateship was pleased to grant it . and in queen maries raign . of their members were indicted by her for not attending the parliament , yet none either claimed a third estateship or to be tryed by their peers . queen elizabeth imprisoned some , and at several times charged them and their speaker not to intermeddle with matters of church or state , but all the masters of any understanding , reason or common sense ought to understand them to be no other than petitioners and her leige-men . and it is well known that king james in his instructions to his son prince henry , and his learned answer to cardinal peronius does assert the jus regium to be the right of kings from god immediately , without any notice taken of a third estate . but if those kingly government or monarchy reformers would but give their contemplations and designs some little respite , they might easily perceive the frailty of the materials out of which they mould would the members of the house of commons into a third estate , and might find evidenee , records , reason and law enough if they have not forsworn them to desist from such an impossibility . and it might better become their own busying themselves in the government of the kingdom , wherein they have no manner of skill or knowledge ( to consult the consequences and the events , and having no knowledge of the causes , mediume , contengencies or treacheries too much or too often attendant in princes affairs not seldom also miscarrying for the sins of the people , or of some jonas in the ship deserving a punishment , ) ought more seriously to weigh and consider how little the people of england will think themselves hereafter beholding or obliged unto them , when in a popular and aboundance of ignorance accompanied with sin and wiekedness they advised king charles the second to dissolve by act of parliament these nerves and sinews of the crown , which the judges of england in the raigns of king james the first and king charles the first upon several consults have declared to be so inseparable to the crown of england as the most potent and binding act of parliament that could be made will never be able to disunite them ; when they have thereby against their wills converted those tenures of honour and safety to their king , and protection , peace and plenty to his people , and the releifs and herriots due and payable to the king , into a chimney-money granted afterwards by another act of parliament , and what a profitable bargain they have made by forfeiture of all the lands which they held by and under their feudal laws converted into socage , when by a law made by king athelstan ever plow land in socage was to find in service upon occasion of war binos ornatos atque instructos equites , when by converting all the tenures in capite ( that of the peers and grand serjeants excepted ) into socage they have given the king a greater revenue than they intended far exceeding the revenue of the tenures in capite , ( the honour of the king and safety of himself and the people excepted . and that in those early times none were imployed in commissions or places of trust by our kings and their laws but knights holding by tenure in capite immediately , or mediately that king henry the d in some of his laws declared none to be liberi homines but those that were military , and that if the socage men or tenants of all the possessors of lands , and tenements now in england and ireland must be in no better a capacity than as villani , servi , bordarii , cotarii , and tenants at will under domineering landlords and be shut out of the blessings of our magna carta and carta de foresta , and left as the people were in the raign of william the conqueror , william rufus and henry the first to the dire punishments ( cases of treason and felony only excepted ) of plucking out of eyes and cutting off the genitals legs or noses of the offenders . and it might be a meet question among the heralds upon what foundation more than knights baronets do now stand seeing that ireland is turnd into a socage tenure , when the first original of them was to find in capite so many men at arms in the kings service . and having with the prophet jeremy called , cried out and advised many of my friends stare super vias antiquds & inquirere veritatem , i lament and bewail that the monarchy of england that for more than years last past hath been so great & glorious amongst her neighbour nations , and hath in this our last century of years been so unhappy ever since the beginning of the raign of king john , when hubert archbishop of canterbury had in his oration at the coronation of that infortunate king declared to the nobility and people there assembled that he was created king by the election of the people and being reprehended and blamed for it by some of the nobility , was at that instant or before that assembly forced to excuse that inadvised speech as well as he could by saying he had so done it as knowing his force , nature it might induce him to govern the more orderly , although he might have known that the kingdom of england was hereditary and that king richard the first had by his last will and testament devised it unto him with all other his dominions , and caused the nobility there present to swear fealty unto him . which poyson so thrown into our body politick , and by degrees creeping into it may well be believed to have so fixed the venom thereof as it hath from age to age been the original cause and fomenter of the very many mischiefs and discords ( some intervals of quiet intervening ) that have until the late long parliament rebellion and the murder of king charles the first and ever since unto this very day by those unhappy discords hapned in our parliaments general consiliums colloquiums or conferences betwixt our kings and princes , and a select number of his subjects for mutual aids in a general and reciprocal concernment the best and most happy constitution that ever was or could be practised in any kingdom if it could have escaped that series malorum concatenation of discords that have of late been too often their concomitants either by some aversions to loyalty , or by the grand mistakes in the practise thereof , and by the common people making the parliaments of later times to be as their king , and he that is and should be their king little more than an extraordinary fellow subject . a right observation and accompt whereof may from one unto the other lead us to the late blessed martyrs fatal murther , and that pestiferous doctrine that did over much intice the vulgus and ignorant part of the people , that there is and ought to be an inhaerent right of soveraignty in the people , it being not unuseful for after ages to know and understand the same with the beginnings and progress thereof , which for ought appears had its first original from thomas becket . archbishop of canterbury , who had in the troublesome raign of king henry the second , and at the time of the making the assise and constitutions at clarendon , such a peevish ambition and unwarrantable loftiness of spirit as after the king had in the presence of the said archbishop and all the bishops , earls , and barons of england received their recognitions and promises to perform and obey them , they were sent unto the pope to have his approbation , who returned them to some with an hoc damnavit & toleravit as unto others . and stephen langton archbishop of canterbury promoted by the pope against the will of king john , discovering as a singular rarity the charter of the liberties granted by king henry the first , did so please some discontented barons as they swore upon the altar they would live and dye in the obtaining those beneficial laws and liberties , begot a spirit of unquietness in them , which could not be allayed until the said avitae consuetudines recognized and all ratified by king henry the second his his grandson by the constitions ●at ●arendon , which begetting some little quiet broke out again in a worse manner upon his son king john in the constraint and unkingly force put upon him at running mede , where those tumultuous barons w 〈…〉 a great army in battel array the better to attain their said charter of liberties had promised to pay debts but never intended it . and were so faithless and unwilling to be his subjects as what they by force extorted from that oppressed prince could never truly and properly merit the name or title of a charter , although he himself had been constrained so to call it , and the king of france in his exception to his award made as aforesaid many years after had so stiled it , yet those undutiful doings of theirs were disliked by divers of the bishops that had been the popes and those rebellious barons favourites who it seems did so little intend what they ought to do and undertook as some of the bishops could not deny to certify as followeth . omnibus episc. sidelibus stephanus de igra . cant. archiep. primas , & sanctae romanae ecclesiae card. henr. dublin . archieq . will. london , petrus winton , joscelin . bathon . & glaston . hugo lincoln . walter . wigorn. will. coventr . richardus cicestr . & magister pond domini papae subdiaconus & familiaris , salutem , noverit universitas vestra quod quando facta fuit pax inter donum regem johannem & barones angliae de discordia inter eas orta , lidem barones nobis presentibus & audientibus promiserunt dom . regi quod quamcunque securitatem haberi vellet ab iis pace illa observanda ipsi ei habere facerent praeter castella & obsides ( they having forced him to grant them castles as pledges ( postea vero quando dom . rex petit ab iis ut talem cartem ei facerent omnibus &c. sciatis nos astricto esse per sacramentum & homagium dom . nostro johanni regi anglae de fide ei servanda de vita & membris & terreno honore suo contra omnes homines qui vivere possint & mori , et ad jura sua & & heredum suorum ad regnum suum custodiend . & defendend . ipsi ei facere nollent , et in hujus rei testimonium id ipsum per hoc scriptum protestamur . although he had been so careful and willing to perform the agreement made with them on his part as he directed his writs unto his subjects in every county in the words following , viz. rex , &c. vic . forestar . viridar . custodibus ripariorum & omnibus ballivis suis in eodem com. saltem , sciatis pacem f●●niam esse reformatam per dei gratiam inter nos barones & liberos homines regni nostri sicut audire poteritis , et inde per cartam nostram quam inde fieri fecerimus , quam etiam legi publice preceperimus per totam ballivam vestram & firmiter tenendi volentes , & districte praecipientes quod tu vic omnes de balliva tua secundum formam cartae praedictae jurare facias baronibus de quibus mentio fit in carta praedicta ad mandatum eorundem vel majoris partis eorum ipsis vel ad quos ad hoc attornaverint per literas suas patentes , et ad diem & locum quos ad hoc faciendum providerint praedicti barons vel attornati ab eis ad hoc volumus etiam & praecipimus quod milites de com. tuo qui eligentur de ipso com. vestri primo com. qui tenebatur post susceptione lite rarum istarum in partibus tuis de inquirendis pravas consuetudines tam de vic . quam de eorum ministris . forestis , forestariis , warrennis , viridariis & eorum custodibus & eis delendis sicut in ipsa carta continetur , vos igitur omnes sicut nos & honorem nostrum diligitis & pacem regni nostri omnia in carta contenta inviolabiliter observatis & ab omnibus observi faciatis , ne pro defectu vestrum aut per excessum nostrum pacem regni nostri , quod dominus avertat , iterum turbari contingat , et tu vic . pacem nostram per totam ballivam tuam proclamari facias & firmiter teneri praecipias et in hujus &c. vobis mittimus teste me ipso apud runnimed . die lunii anno regni nostro . and a charter thus gained and forced by rebels not designed and desired by the king for ought appears and infringed only notwithstanding by the rebels themselves came after to be so little valued or esteemed to be valid or worthy of a confirmation , by any parliament or approbation of any of our kings or princes in their very many parliaments ever since , as that of magna charta made in the th year of the raign of king henry the granting those many liberties of the people of england , hath been times confirmed , and that of his father king john being after in that grand and dire anathemation in the later end of the raign of king henry the third enforced upon him was only read before them unto him , and was in that our late rebellious parliament by the agitators in annis & caroli not so much as taken notice of , but altogether ecclipsed and silenced as a charter not deserving a recommendation to posterity . king richard the second , ( henry the fourth having succeeded and deposed him ) after his said deposition was only stiled chevalier , as the record following will mention . inter fines levatos tempore henr. in com. not. inter alia sic continetur ut sequitur . haec est finalis concordia factu in cur . dom. reg. ( h. . ) apud westm. a die sci . martini in quindecim dies an reg dom. regis angliae & franciae primo coram willo . thirning , willielmo rickhill , johanne markham , willielmo hankford ( it being that william hankford or william thirning that notwithstanding their own rebellions , could in some of the reports or year books of that kings raign adventure to say that the laws were never better administred then at that time ) & willielmo brenkslie justic. et postea a die paschae in quindecim dies anno regni ejusdem regis henrici quarto ibidem conces . & concordat . fuit coram eisdem justic. & aliis domini regis sidelibus tunc ibi praesentibus , inter thomam rempson quer & richardum nup. regen angliae chivaler defercient de maneriis de bingham , clipston o the hill juxta plumton cum pertinentiis ac . messuag . . virgat . terrae , . acr. prati & s. reddit . cum pertinentiis in clipston o the hill juxta plumton , codgrave kynalton outhorp & newton , 〈…〉 t de advocatione de bingham unde placitum praedictum scilicet quod praedict . nuper rex recogn . praedict . maneria esse jus ipsius thomae habend . & tenendi dicto thomae & haered de corpore suo de dominis feodi illius per servitia quae ad advocationem praedict . pertinent in perpetuum , &c. et pro hoc recogn , &c. idem thomas dedit praedicto nuper regi quingentas martas argenti . after the troubles of which king henry the fourths usurpation , followed the conquest of france by king henry the th his son , and the troublesome raign of king henry the th reviving again the rebellion of jack cade , managed for the interest and by the design of the house and family of york , begun again to wake the long before laid to sleep conservatorship of liberties , which must be saith mr. pryn of of the nobility , . of the commons , and so from one unto another , until the conservatorship of the liberties of the people came to take its rest in the house and family of york , that was in deed the right heir of the crown of england , and the kings thereof , the givers and protectors of the liberties of the people , which king edward . well understood when he told sir james strangwaies the speaker of the house of commons in parliament in these words following , viz. james strangwaies , and ye that be come from the commons of this my land for the true hearts and tender consideration they have had to my right and title , that i and my ancestors have had to the crown of this realm , the which from us hath been long withheld , and now thanked be almighty god of whose grace growteh all victory by your true hearts and great assistance , i am restored to that that is my right and title ; wherefore i thank you as heartily as i can , and for the tender and true hearts ye have shewed unto me , and that ye have tenderly had in remembrance the correction of the horrible murder , and cruel death of my lord and father , my brother rutland , and my cosen of salisbury and others ; and i thank you right heartily , and i shall be unto you by the grace of almighty god , as good and gracious a soveraign lord as ever was any my noble progenitors to their subjects and leigement , and for the faithful and loving hearts and also the great labour that you have born and sustained towards me in the recovering of my right and title which i now possess . i thank god with all my heart , and if i had any better to reward you withal than my body , you should have it , the which shall alwaies be ready for your defence , neither sparing nor letting for no jeopardy ; praying you also of your hearty assistance and continuance as i shall be unto you very righteous and loving leige lord. and the bloody wars betwixt the two great contending families of york and lancaster , those factions tired on both sides , and the attainders and confiscations on both sides , in the raign of king edward the fourth , with the marriage of king henry the seventh , with the daughter and heir of king edward the fourth , his two sons being murdered by their uncle richard the third , who died without issue , and king henry the eight his quarrelling with the pope , and confiscating the monasteries and abbies , gratifying many of the nobility with much of their lands , and much obliging them thereby , and enriching many of the tenents and making them and their families to be gentlemen that durst not own or approach that title before , and the short raigns of king edward . and q mary busied by the one in the setting up of the protestant religion , and the other in reducing popery to its former station , gave a long tranquility from state disturbances augmented by q. elizabeths years glorious & peaceable raign , not only in the propagation & defence of it here , but in many other parts of christendom , and gave a peaceable entrance to king james her next heir and successor , who met with two grand assaults of treason , the one of sr. walter rawleigh , and others , who fetching that lawless doctrine and peice of law some hundreds of years before set up , that allegiance is due to the crown , and not to the person of the king , long before condemned in parliament in the example of hugh le despencer , in the raign of king edward the third , and the other being the gunpowder treason , was miraculously discover ed almost , in the very instant of executing thereof , and although villainously wicked and horrid fell much short of our last long rebellion both as unto the length of time and hypocrisy , shedding of blood , massacres , abuse of god and the holy scriptures , and the levelling and utter destruction of a most ancient and glorious monarchy . king james in the th year of his raign over england departing this life not by taking an ill advised medicine , to expel an ague , as was villainously reported , but upon a careful examination could never be proved to have been other than innocent , though recommended by the earl of warwick then as it after appeared none of our monarchy favorites , king charles the first his son succeeding shortly after , espoused the lady henrietta mary daughter of henry the fourth king of france made a league offensive and defensive with the states of the united provinces , and besides two well exercised regiments under english commanders paid by the dutch , sent unto them four gallant regiments more under the several commands of the earls of oxford , essex and southampton , and lord willoughby of eresby , and a well rig'd and furnished fleet against the king of spain landed at cales , whence without doing the business designed they returned home ; the duke of buckingham and the earl of bristol in the mean time accusing in parliament each other of treason and misdemeanors , acted whilst the king as prince was in spain the one for the promoting the marriage with the infanta of spain , the other for hindering of it , whereupon followed the imprisonment of the earl of bristol in the to wer of london ; and the king being put to great charges in his sending embassadors and mediation in the obtaining a considerable part of the last palatinate to be restored to his brother in law , and to be made an eighth elector to be joyned with the former seven , and with the yearly payment of giving great pensions to the distressed king and queen of bohemia his four nephews and two neices , under the burden of great debts and necessities much augmented by the costly furnishing out a fleet of ships , and a gallant army to invade the isle of ree in france , to divert the king of france from subduing of rochel the inhabitants whereof had supplicated him for aid , which produced none other effect but the loss of all his hopes therein by the ill conduct of the admiral to the loss of some gallant men , yet was so unwilling to forsake those oppressed protestants , as he after sent two if not three other fleets strongly furnished ships with men , arms and ammunition to relieve them under more skilful commanders , who endeavouring all that men could do , were constrained to return home and leave those protestants to the over-powering forces by land of the king of france and in the midst of his own pressures and great wants of money , having no more of his own royal revenue to support these expences than about l. sterling per annum for his revenue , much whereof by the usual lickings and cheats of his trustees , officers and receivers could never find the way to his coffers . and had been so incessant in his desires to help those oppressed protestants of france as to procure money to assist them in that his last attempt , he sending to the citizens of london to lend him l. they answered they could not for that they had heretofore lent unto his father king james as much upon privy seals which had not been yet repaid , ( although it was but lent by several citizens to make up that some of money ( but if his majesty would give them a security by some of his own revenues in land to pay the first hundred thousand pounds with interest for it , they would lend him another hundred thousand pounds , and the particular mens names that lent the moneys to make up the first pounds were expressed in a schedule , which done , as will appear by the said schedule which i have seen l. per annum of old rents of assise in richmondshire , or in the county of york , were by the king conveyed and granted absolutely unto some citizens in trust for the city of london for the payment of the said two hundred thousand pounds with the interest as aforesaid for the said one hundred thousand pounds lent unto king james , the wood and timber only growing thereupon amounting unto as much as the aforesaid sums of money lent with the interest , which over-profitable bargain made by the city of london for themselves they with a parcel of conscience ( not of god ) did treat with the particular lenders of the money to king james , and for ten l. or a very little in every hundred comed and took up their privy seals , but were unwilling to trouble the king with the thought●s thereof to the damage of him and disherision of the crown of england , and being taken notice of and complained of , a commission was granted unto the lord ottington , sir henry vane , and sir charles harbord the kings surveyor to enquire thereof and certify the king thereof , wherein they were so kind hearted , and the matters so managed , as no●hing more was heard thereof , but the city of london continueth in possession of the said manors and lands , or have spent the same in assisting the late horrid rebellion against him and together with it the cityorphans mony , for which it hath been reported they are willing to pay them by composition after the rate of d per. ponnd , caused a bill to be exhibited by his attorney general in his court of starr chamber against john earl of clare , and mr. selden for having only in their custody two books or manuscripts directed unto him by sir robert dudley an englishman living in florence , and stiling himself a titular duke of that countrey , endeavouring to instruct him in the method of raising money by a tax upon all the paper and parchment to be used in england , caused sir giles allington to be fined in the high commission court for incest and the lord audley earl of castlehaven to be arraigned in the court of kings bench for sodomy , whereupon after tryal by his peers he was condemned and beheaded , suffered a great arcanum imperii in his praerogative in taxing or requiring an aid of ship money , or for setting out a navy of ships when the kingdom was in danger , to be disputed in the exchecquer chamber by lawyers and judges ( which king henry the fourth of france by a constant rule in state policy would never yeild to have done , imitated by queen elizabeth who in some of her charters or letters patents as unto martin forbisher a great sea-captain declared de qua disputari nolumus ) upon the case or question of s. charged upon mr. hamdens estate in buckinghamshire of l. p. annum wherein all that could be raked out of or by the records of this kingdom was put together by mr. oliver st. john , and mr. robert holborn , theformer being after made cheif justice of the court of common pleas by hambden and the rebel party , and the later taking arms for the king faithfully adhered unto him , whereupon that cause coming to be heard , & all that could be argued for the not paying or paying of it , of twelve judges that carefully considered the arguments , and gave their opinions , there were ten concurred in giving judgment for the king , and only two , viz. justice hatton , and justice crooke , who having before under their hands concurred with all the other , and suffered their subscriptions to be publickly inrolled in their several courts at westminster , could find the way to be over-instrumental in setting our troy town all in flames whilst that pious prince being overburdened with his own more than common necessities did not omit any part of the office of a parens patriae , but taking more care for his people than for himself ( too many of whom proved basely and wickedly ingrateful ) called to accompt lionel cranfield whom he had made earl of middlesex , and lord treasurer of england , fined him in vast sums of money , ordered him during his life never more to sit in the house of peers in parliament , received a considerable part of his fine , and acquitted him of the residue . and being desirous as his father was to unite the kingdom of scotland in their reformed religion , as the more happy church of england was both as unto episcopacy and its liturgy , that attempt so failed his expectation , as a mutiny hapned in the cathedral church of edenburgh , and an old wife sitting upon a stool or crock , crying out that she smelt a pape at her arse , threw it at the ministers head , whereupon a great mutiny began , and after that an insurrection , which to pacify the king , raised a gallant army of gentry and nobility , with all manner of warlike provision , and marched unto the borders , but found them so ill provided for defence as they appeared despicable , yet the almost numberless treacheries fatally encompassing that pious king persuading him not to beat or vanquish them when he might so easily have done it , he returned home disbanding his army , and a close favourite of scotland , was after sent to pacify them , but left them far more unruly than before , shortly after which , philip nye a factious minister that should have been of the church of england , but was not , with some other as wicked persons were from england delegated to scotland , to make a co●enant of brotherly rebellion against the king , and accordingly the scots being well assured , that their confederates in england would not hurt them , marched into england with a ragged army with petitions to the king , and declarations of brotherly love unto too many of their confederates , seised by the cowardise , or carelesness of the inhabitants the town of newcastle upon tine , notwithstanding a small army ill ordered , was sent to defend it better than they did , so as the scotch petitioning army quartering there , and in the northern parts , the king hastening thitherwards with forces , was persuaded to summon at rippon a great council of many of his nobility , whither too many of them that came being more affected to the scotch army , that came like the gibeonites with old shoes and mouldy bread were allowed to be free-quartered , and a parliament suddenly to be summoned at london , whereby to raise money for the discharge of their quarters & army charges , in the mean time the scotch & their commissioners , with their apostle alexander henderson have license to visit london , where they are lamented , feasted and visited , and almost adored as much as st. paul was amongst the macedonians or the brethren , who cryed up their holy covenant and religion to be the best , the church of england with her ceremonies , common prayers and potage , not to be compared unto it , the parliament would help all , and the scots commissioners were so popular and in request , as they seemed for that time to govern both the city of london and parliament , and by their peace , pride and plenty had generated sedition and faction , and that combustible matter in england burst into a fire which could not be quenched , the kings privy council could not please the five members , nor kimboltons ambition and envy be satisfied without being made a great officer of state , but proved after to be a general of some associated counties against the king , god might be worshipped with a thriving conscience , and the people taken care for by plundering sequestration , decimation , killing , slaying , or impoverishing the common wealth or weal publick . pym who had been receiver of the kings money , and had not accounted for it in twenty years , was once endeavoured to be pleased by being made chancellor of the exchequer , hollis one of the secretaries of state , sir arthur haselrig and william strode were to be put into great places , one to be governour of the prince , and the other as a secretary , and there being no special office for the lord kimbolton , the hopes of their being better subjects and councellors than the former begat their after rebellion , for which three kingdoms , and the ruin and desolation thereof , with the life of the blessed martyr king charles the first might have been spared , if that treason had been punished by law , the king having been informed that some of the well-willers to the scotish rebellion had before hand conveyed away their estates , the next care to be taken , being to take away the life of thomas earl of strafford , who was general of the army of the king in the north against the scots , who coming up to london to accuse pym , and the rest of the five members so called , found as he was knocking at the door of the house of peers , mr. pym gotten in accusing him of high treason , upon which he being arraigned was acquitted , when he was guilty of no treason but they of abundance , but that not giving satisfaction to their wicked designs , they invented a way to have him again arraigned upon a bill in parliament at the suit of the commons of england , ( which was the first bill in parliament of that kind in writing that ever was before , to interest , and proclaim the house of commons to be co-ordinate and a third estate , including the king to be in , or ex se one of them , ) many of the preachers were found fault with , for arminianism and other doctrines , by those that understood them as little as they did the word of god , that they preacht up the kings power and prerogative , and doctor manwarring voted by the house of commons in parliament to be punished and sequestred ( whom the king afterwards made a bishop , ) mr. william pryn , mr. henry burton , and dr. bastwick justly sentenced in the court of star chamber , the first having his ears nailed unto the pillory , and all of them severally imprisoned in remote places were insolently voted out of prison ( an attempt never before adventured upon by an house of commons in parliament , and no such things as previous votings , in order to the fixing or carrying on evil designs , were ever before used to be made in any of our kings or princes raigns ) and were by multitudes of factious londoners of the most common sort intermingled , brought in a seditious procession on horseback through the streets with rosemary in their hats , or hands . mr. pryn shortly after made a busy and fiery member of parliament , the two former whereof were fanatically reported to have had miracles or visions seen upon the occasion of that they called their sufferings ; bills were put upon the corners of the streets in london , to invite people to give a meeting upon a certain day at grocers hall in london , to some members of the house of commons in parliament , to prepare petitions unto themselves , some troops of factious ministers , made themselves the conductors out of several counties , of many a simple innovator , with papers in their hats , signifying no more than something they knew not what against popery , the porters of london must put on their sunday cloaths , and carry to the house of commons printed petitions against the kings enjoying the militia , where they were only informed that it was against watermen of london's carriying of trunks , all the boys in a free school at stamford in lincolnshire , enticed by the naughty school-master , to subscribe their names to a petition against bishops , with other numberless cheats , and trciks to make fears and jealousies , and breed a rebellion which might proceed as much as it could , to break in peices ( never as they hoped to be repaired again , our ancient and flourishing monarchy , the king maketh a progress into his kingdom of scotland , where they beg and importune him for the small demesne crown lands , which he had left , and when he would have reserved enough to have defrayed the charge of his house keeping whilst he remained there , they would not trust him with the money , for fear he should provide arms with it ( when in the mean time a rebellion was begun in ireland with a massacre ) from whence when he returned to london , he was received by all the citizens with the hosanna of a great seeming joy , but suddenly after ill managed by some lords and commons in parliament , their then too great idol in a most hypocritical way of a remonstrance bearing date the th day of december . at hampton court , wherein with all zeal and faithfulness unto his majesty , acknowledging his royal favour and protection , to be a great blessing and security unto them , for the enjoying of all these publick and private priviledges and liberties , and whensoever any of them shall be invaded or broken . and because the rights and priviledges of parliament are the birthright and inheritance not only of themselves but the kingdom , but every one of his subjects is interessed ( that is as to his protection only , whilst they are his subjects do honour and obey him , are so simpliciter , but not secundum quid ) the maintenance and preservation whereof doth very highly conduce unto the publick peace and prosperity of his majesty , and all his people , they conceive themselves more especially obliged with all humbleness , and care and constancy of resolution , to endeavour to maintain and defend the same ( as in an easie to be conceived manner of threatning . ) amongst other the priviledges of parliament they do declare that it is their undoubted right , that his majesty ought not to take notice of any matter in agitation and debate in either houses of parliament , but by their information ( which would not only contradict , but overturn the reason constitution , records and annals of all our nation ) and that he ought not to propound any condition , provision or limitation , in any bill or act in debate or preparation in either of both houses of parliament , or to manifest or declare his consent or dislike of the same before it be presented to his majesty in the course of parliament ( so as they would have their king to be as a mute until they shall have finished all they would , for otherwise one interval might thwart another , how shall such a king be master of a judgment , or have any ? or was god to be prayed unto to give his judgment to the king or unto the people ? or by what rule of right reason should the king , being of full age and sanity of mind , not be permitted the right use of the faculties of his soul ? ) and that the king ought not to conceive displeasure against any man for such opinions and propositions as shall be delivered in such debate , it belonging to the several houses of parliament respectively ( which had their original contradistinct powers and customs ) to judge and determine such errours and offences in words or actions that shall be committed by any of their members in the handling or debating any matter depending ( which was contradicted by queen elizabeth when she charged the members of the house of commons in parliament not to intermeddle in matters of church or state , or receive any bills of that nature , and severely punished some members that attempted to do otherwise . ) yet they complained in their so strange a claim of those their never to be found priviledges , that they were to their great grievance broken by the kings endeavouring to put a salvo jury to their bill or act of parliament , forbiding the pressing of souldiers , ( at that instant when there was so great an occasion for the wars in ireland ) and went much higher than the great earls , the constable and earl marshal of england , and gilbert de clare earl of gloucester did when in a parliament of king edward the first , they denyed him his accustomed salvo jure , where he or his privy councel or councel at law adjudged it necessary . and therefore humbly intreated his majesty by his royal power and authority ( whereof it may 〈◊〉 they would leave him as little as possibly they could● to protect them in those and all other their priviledges of parliament : and for the time to come would not interrupt the same , and that they may not suffer in his majesties favour when he should be so greatly obliged unto his subjects as to restore again to his knowledge and judgment , after the end of such a parliament , never before known in england , or any other nation of the christian world , such a kind of priviledge , neither being possible to be found or heard of on earth or amongst the antipodes , or in the discovery which gonzagua's geese made of the countrey of the moon , where the servants are reported to govern the masters , and the children their parents ) and that his majesty would be pleased to nominate those that have been his advisers that they may receive such condign judgment as may appertain unto justice . and this his most faithful councel , shall advise and desire , as that which will not only be a comfort to themselves , but of great advantage to his majesty , by procuring such a confidence between him and his people , as may be a foundation of honour , safety and happiness to his person and throne . and probably had never adventured to fly so high a pitch , if some of the lords and commons in parliament had not upon the scotch petitioning rebellion , and entring into england borrowed l. upon their several personal securities to pay their quarters whilst they were here , which parliament manacles of their king would have amounted to more than the aforesaid sir edward cokes figment , of a modus tenendi parliamentum used as he beleived in edward the confessors time . and in the absence of parliaments might have the name and title of king , until they should make an occasion to print a remonstrance against him , or arraign him . and as a prologue to their intended remonstrance , the next day they seeming not a little to congratulate his safe coming from scotland , did beseech him to give more life and power to the faithful councel of his parliament , and being necessitated to make a declaration of their grievances , and the corruption of some of his bishops , especially such as are in a near trust and employment about him , and were divers of them of his privy councel , and about the prince his son , and have thereby a dangerous operation in his councel and government in this time of a preparation for war betwixt his kingdoms of scotland and ireland , ( which was then but procured and fomented by confederacy ) insurrection of the papists and bloody affairs in ireland , for prevention whereof they have ingaged themselves and their estates in the sum of l. sterling , or thereabouts for the necessary supply of his majesty in his dangerous affairs , therefore they prayed . . that he would concur with the desires of his parliament , for the depriving the bishops of their votes in parliament , ( which was the one half of that grand fundamental of the laws and government of england in the house of peers in parliament , ) and abridge their immoderate power usurped over the clergy , to the hazard and prejudice of the laws , liberty , and religion of his subjects , and the taking away oppression in church government and discipline , punishing such loyal subjects as join together in fundamental truths against the papists , and by the oppressions of unnecessary ceremonies . . remove from his councel all the promoters thereof , and to imploy such persons in his great affairs and trust as his parliament may conside in , ( which was to govern him both in times of parliament and without , when he hath at his coronation taken his oath to govern according to his laws not any of the peoples . that he would not alienate any of the forfeited irish lands , ( which begot good bargains for some of the ungodly contrivers , when they after purchased their rebel perjured soldiers arrears for xvj . d. per pound . which being fulfilled , they his most great and faithful councel , ( upon these conditions ) ●●all by the blessing of god , ( as they would have it ) cheerfully undergo the expence of the war , and apply themselves to such other means and councels as shall support him , and make him glorious both at home and abroad . in order whereunto the contrary way they did the th day of december . notwithstanding his earnest request unto them , print and publish it , wherein ( besides some of their own or their instigators , unquiet spirits , ambitious or evil designs , to misuse and govern their soveraign , plainly appearing may be seen , and the many greivances of their own making , in the oppressing of each other , and undertaking to determine of matters and mysteries of state , and the arcana's and necessities of state , of which they could not possibly without necessary praecognita's , be competent judg●s ) they made a great addition to that prologue , to their subsequent rebellion , and abominable consequence of the murder of that excellently pious prince , insomuch is it may be over and over again , a wonder to be ranked amongst the greatest , in what untrodden or dark inaccessible caverns of the earth , these unknown and never accustomed priviledges of the parliaments of england , could lurk or lye hidden , when in all the conservatorships of liberties , devised at running mede forced upon king john , the ●ovisions made at oxford , in the raign of king henry the d. neither any thing in the raigns of king edward the d & . & . and richard d . henry , , . richard the d the usurper , henry the th . king henry . e. . queen mary , queen elizabeth and and king james had never such shackles desired or claimed to be put upon any of them , unto which those parliament remonstrants , were the more incouraged by that oppressed princes having his three kingdoms , set on fire about his ears at once ; that of ireland incited by his condescensions to that of scotland ; and that of england , as busy as the worst but gaining more by it , when the king had to pacify all , given them license by an act of parliament , to continue in parliament , without adjourning , proroguing , or dissolving , until those great sums of money should be satisfied , and ireland quieted , which they never intended , but hindred and perplexed all they could , although he offered to go thither in person himself which they would not consent unto for fear , least he should thereby get arms and power into his own hands , to frustrate their wicked design , which that republican wicked party , durst never offer to oliver cromwell , the protector of their supposed liberties , with any the least of those monstrous conditions , by them called priviledges , but could tamely suffer him to make his own instrument of government , alter the course of parliament , with more or less members of the house of commons in parliament , pull out and imprison diverse members of that house , and shut up the doors , constitute a new house , of his mechanick and ordinary commanders , instead of a house of lords , after the republican partty had made such an act of parliament as they could , that none should have benefit of the laws , who did not take an oath of engagement not to have any more a king or house of lords . and to be disappointed as little as they could possibly in those their intentions , made all the hast they could to fire their beacons of personal plots and dangers against themselves , the great patriots of the kingdom , and weal publick , as they had done before against popery , and therefore incredible plots and conspiracies were discovered by one of their members , who had an especial faculty therein , and likewise by others , as a plaister taken from the sore of a man infected therewith , and brought by an incognito in a letter to mr. john pym , the lord digby seen at kingston upon thames , with four horses in a coach in a warlike manner , horses kept and trained under ground , and a dangerous design to blow up the river thames with gunpowder , whereby to drown the parliament houses with many the like ridiculous fopperies to affright the easy to be deluded silly vulgar , and engage them in a rebellion , and were in the mean time to be secured themselves by a guard , for which they ●e●tioned the king , who ordered the justices of peace to command the constables of that division to furnish one , but that would not accommodate their purposes , nothing would help forward their more than ordinary designs , than a guard by the trained bands of the city of london by turns , which being granted by the king , suddenly after the citizens wives were so afraid of the danger o● the tower of london , as they could not lye dry in their beds , and the lieutenant of the tower must be displaced , and a more confiding one put in to give them content that never intended to be satisfied . which being done the pulpits of the prebyterian scotized clergy flaming , and the printing presses , stationers and cryers in the streets , as busy in the publishing the harangues of the house of commons members in proclaiming the imaginary grievances , and he was a small man at arms that had made and published no more than one or two such speeches , mean while protestations were ordered to be made in every parish of england and wales , to defend the king and the protestant religion , the king going into london in his coach hath a paper thrown into it with a writing thereupon , to your tents o israel , the many rude ●eople of the adjoyning hamlets came in droves to the parliament , crying , no bishops , and for justice , and as they pass by whitehall gate and knock at it desire to speak with the king , who sends unto the students of the inns of ●ourt , with some captains and commanders to attend him as a supplemary guard , who came and had a diet and table provided for them , the bishops do leave the house of peers with a protestation ( patterned with one in r. . ) that they could not sit there in safety , for which they were all made prisoners in the tower of london , but were all afterwards released , except matthew wren bishop of ely , who remained there sequestred from his bishoprick , for something more than years , without knowing for what cause or crime until his late majesties happy restauration . mr. henry martin a member of the house of commons in parliament , more fearing the anger of his mistress than his god or king , begins in parliament to declaim against the king , saying , that he was not fit to raign or govern , and moved that all the regal ornaments customarily lodged in the abby of westminster under the custody of the dean and chapter thereof might be seised ; one mr. parker made hast to make himself an observator of the rebellious way with dislocated maximes , abused and wrested out of their proper meaning , and interpretations , viz. quod efficit tale est magis tale , the king is major singulis , but minor universis , & salus populi est suprema lex , which although learnedly answered by the more loyal orthodox party to an ample conviction that should be , could not satisfie or stop the designed confederacy and rebellion , but the ten judges of the twelve that gave their opinions in the case of mr. hambden against him concerning the ship-money for the king , were by the parliaments order put out of their offices and places ; justice berkly one of the justices of the court of kings bench taken prisoner as he was sitting by the usher of the black rod attending the house of peers , after which mr. denzal hollis came to the house of lords , and with greater boldness than assurance , claimed the militia and power of the sword to appertain of right to the people ; and mr. pryn writes and publishes his book of the supremaey of parliaments , seconded by mr. john whites book entituled a politick chatechism , undertaking to prove by our laws the resistibility and forcing the power of our kings to be vested in the people , and the judges were commanded by the parliament without the king to declare to the people in their circuits , that the militia is , and ought to be in the parliament as the representative of the people ( which was never before done , read , seen , or heard of in england ) which all the judges obeyed , but my honoured friend the worthy sir thomas mallet one of the justices of the court of kings bench , who not forgetting his very ancient and noble discent , plainly and resolutely at every place in his next circuit , declared it in all his charges to be in law de jure coronae suae in the king , and for his so exemplary loyalty , was in the last place of that circuit by sir richard onslow knight a member of the commons house in parliament with a troop of horse , as he was sitting upon the bench at kingston upon thames arrested and carried prisoner to the tower of london , and the wind and tyde of fear and self-preservation did then so impetuously drive sir edward littleton , the lord keeper of the great seal of england , ( who some years before , when he was a young man , made it a part of his praise or olympick game , to prove by law that the king had no law to destrain men esse milites , ) and sir john banckes knight lord chief justice of the court of common pleas , that they joyned with the then illegal concurrent votes of too many of the house of peers , that the militia which was the right and power of the sword , and jus divinum gladii , and the totum aggregatum , and support of the government was in the people when our learned bracton hath truly informed us , that in rege qui recte regit necessaria sunt duo , arma videlicet , & leges quibus utrumqne bellorum , & pacis recto possit gubernari , utrumque enim istorum alterius indiget auxilio quo tam res militaris possit esse in tuto quam ipsae leges usu armorum , & praesidio possent esse servatae , si autem arma defecerint contra hostes rebelles & inimicos , sic erit regnum indefensum si autem leges sic exterminabitur justitia , nec erit qui justum faciet . following therein that opinion of justinian the emperour in his institutes . and did declare ( not like men that had taken the oaths of allegiance and supremacy before they were admitted into that house ) that if any person whatsoever ( wherein the king or his command ought to have been excepted ) shall offer to arrest or detain the person of any member of that house without first acquainting their house , or receiving further order from that house , that it is lawful for any such member , or any person to assist him , and to stand upon his , and their guard , and defence , and to make resistance according to the protestation taken to defend the priviledges of parliament , ( which was neither to commit or maintain treason , or make that without the kings authority to be treason that never was , & their intollerable haughty priviledges so incompatible and inconsistent with monarchy demanded by the petition of the lords and commons in parliament , the th day of december . can never be able to withstand the dint and force of the law , and right reason if a quo warranto should be brought against them . ) whereupon the king the th day of january . coming into the house of commons in person , ( no such company attending with pistols at the door as was untruly reported ) and being sate in the speakers chair , said , he was sorry for the occasion of coming unto them . yesterday he had sent a serjeant at arms to apprehend some that were accused of high treason , whereunto he expected obedience and not a message , and that he must declare unto them , that in case of high treason no person hath a priviledge . and therefore he was come to know if any of these persons accused were here , for so long as those persons accused for no slight crime , but for treason , were there he could not expect that that house could be in the right way , which he heartily wishes , and therefore he came to tell the house that he must have them wheresoever he can find them , but since he sees the birds are flown , he doth expect from them that they should send them unto him as soon as they return thither , but assures them in the word of a king he never did intend any force , but shall proceed against them in a legal and fair way , for he never meant any other , ( which they might easily have done , when they had his own serjeant at arms attending that honse for no other than such like purposes . ) the next day being the th day of january . ( notwithstanding that treason , felony , and breach of the peace were always by the laws of england , and customs of their parliaments exempt , and never accompted to be within the circuit of any parliament priviledge , for otherwise parliaments , and great assemblies well affected , or ill affected would be dangerous unto kings ) they declare the kings coming thither in person to be an high breach of the rights and priviledge of parliament , and inconsistent with the liberty and freedom thereof , and therefore adjourned their sitting to the guildhall in london , ( which they should not have done without the kings order ) that a special committee of should sit there also concerning the irish affairs , of which number was sir ralph hopton , that after got out of their wicked errors , and fought and won sundry glorious battels for the king against those parliament rebels , and some few more of that their committee deserted their party . and the writ sent by king edward the first to the justices of his bench by mr. pulton stiled a statute made in the th year of his raign , might have sufficiently informed them , and all that were of the profession of the law in the house of commons in parliament , that in a parliament at westminster , the prelates , earls , barons , and commonalty of the realm have said that to the king it belongeth , and his part is through his royal seignory streightly to defend force of arms , and all other force against his peace at all times which shall please him , and to punish them which shall do contrary according to the laws and usages of the realm , and therefore they are bound to aid him as their soveraign lord at all times when need shall be , and therefore commanded the justices to cause those things to be read before them in the said bench , and there inrolled . the before confederated national covenant betwixt england and scotland being by ordinance of parliament ( for so they were pleased to call their no laws ) confirmed under a penalty that no man should enjoy any office or place in the commonwealth of engl. and ireland that did not attest and swear it , which the king prohibiting by his proclamation sent unto london , the bringer whereof was hanged , the king certainly informed of the traiterous practices , and other misdeameanors of the lord kimbolton , and his aforesaid associates , did as privately as possible with the prince elector palatine his nephew , and no extraordinary attendance go in person to the house of commons to seize them , because his serjeants at arms durst not adventure to do it , who having notice of it by the countess of carlisles over-hearing his whispering to the queen , and suddenly sending them notice thereof , were sure to be absent , wherein he being disappointed , did afterwards by his attorney general exhibit articles of high treason , and other misdemeanors against them . . that they had traiterously endeavoured to subvert the fundamental laws and government of the kingdom , and deprive the king of his legal power , and place on subjects an arbitrary and tyrannical power ( which shortly after proved wofully true , and for many years after so continued . ) . that they have endeavoured by many foul aspersions upon his majesty , and his government to alienate the affection of his people , and to make his majesty odious unto them . . that they have endeavoured to draw his majesties late army to disobedience to his command , and to side with them in their trayterous designs . . that they have trayterously invited , and incouraged a forreign prince to invade his majesties kingdom of england . . that they have trayterously endeavoured to subvert the very rights and being of parliaments . . that for the compleating of their traiterous designs , they have endeavoured as far as in them lay by force and arms , to compel the parliament to joyn with them in their traiterous designs , and to that end have actually raised , and countenanced tumults against the king and parliament . . that they have traiterously conspired to leavy , and actually have leavied war against the king. whereupon the house of commonsin parliament the d. of january . did order , that if any person should seal up the trunks or doors of any members of their house , ( which in the case of the king for treason , was not certainly within the virge of their commission , or purpose of their election either by the king or their countries , or their indentures or wages allowed , nor the priviledge of freedom from arrest of their persons or goods , whilst they are there in his important service ) they should require the aid of the constable , who by his oath of allegiance was not to do it . and in another declaration of the th day of january . printed and published , ( which in this kingdom , or any other part of christendom was never accustomed or allowed to be done , ) were pleased untruly to affirm that the king having sent a serjeant at arms to their speaker to demand the persons aforesaid accused , and being denyed , came the next day in his royal person to demand them , with halberts , swords and pistols , attending without at the door , ( who if they had been as dreadful as they would make it , would have been but necessary , lest he might have been stabbed and assassinated , as julius caesar was unguarded in the roman senate . ) did declare that the arresting of the said accused members or any other members of parliament by prretence or colour of any warrant issuing from the king only , ( as if they were assured of a co-ordination with him ) is guilty of the breach of the liberty of the subject , and of the priviledge of parliament , and a publick enemy of the common wealth , and that the arrestnig of any of the said members , or any other member , without a legal proceeding against them , is declared , a publick enemy of the commonwealth , notwithstanding , they did declare that they would no● protect any member that should be prosecuted by the king according to the law of the kingdom , and the rights , and priviledges of parliament , for treason , or any other misdemeanor ( so as they which never were yet a judicature , or had ever any power to examine a witness , might be the judges what was the law or treason ) and will be as willing that justice be done against the commons , as to defend the just rights and liberties of the subjects , and priviledges of the parliament of england . that the priviledges of the parliament , and liberties of the subjects so violated and broken , cannot be sufficiently vindicated , ( a punctilio of honour never before insisted upon by any of the parliaments , or subjects of england to their soveraign kings or princes , ) without the delivering up unto them the names of those that advised or councelled him thereunto , and the coming in his own person , the publishing of the said articles , and printed papers inform against the said members , to the end that such persons may receive condign punishment , ( intending very likely to have it only left to their own lately self-erected soveraignships . ) the county of buckingham petitioned for mr. hambden , and did adventure to say , that in their opinion his majesties accusation of him doth oppugne the rights and priviledges of parliament , which was according to the protestation to defend the king , and the church , and commonwealth . the house of commons the th of january . examined sir edward herbert the kings attorney general upon several articles concerning the accusation for treason against the lord kimbolton , and the other members , and whether he would undertake or make good the said articles , or any of them , if he shall be called before the lords , unto which he answered by my former expression , you may discern what answer i cannot make or take , to make one title of them , otherwise than as my master hath informed me , and enabled me , for of my self i cannot , nor will not do more than one that never heard of them . whereupon it was resolved by the house of commons , that the said attorney general had broken the priviledge of parliament in praeferring the said articles , and that a charge be sent up to the house of lords in the name of the house of commons against him , to have satisfaction for the great scandal and injury which he hath done to the said members , unless by thursday next he bring in and make good , if he can , the said articles against the said members , or any of them . the th of march . the king from royston in his journey towards york , being deterred from his palace at whitehall , wrote to the lord chancellor , commanding him to read unto the lords the copy of his charge against the aforesaid members , and nominate a committee to examine the evidence thereof , and also signified , that what his attorney general had done therein , was by his command , and according to his duty . but having declared that he found cause wholly to desist from prosecuting the said members , he had commanded him to proceed no further therein , nor to produce or discover any proof concerning the same . after many messages and petitions not to suffer the queen to go with the princess of orange her daughter into holland , nor to take the prince into yorkshire with him , many petitions and pretences to have the militia put into their hands , absolutely to secure them from their ( own coyned ) fears and jealousies , and a denial of that but for a limited time , they having also not failed in desiring strong towns , castles , forts and garrisons to be put into their custody , and voted sir john hotham one of their members no traytor , after the king had proclaimed him a traytor for his denying him entrance , when he personally demanded it , into his strong fortified town of kingston upon hull ; and a or remonstrance over-boldly printed and published to idolize themselves , and inflame the silly people , and made their blockades , circumvallations , trenches and mines about our monarchy , and too many of the deluded people ready to betray and deliver it up , or gape at the spoil , which might inlarge and better their formerly wicked conditions , and appointed deputy lieuetnants , and commanders in every county and city , took into their hands the kings navy with the profit of his customs , and all that they could by fear or fraud get into the hands or clutches of their wolves , foxes and harpies , birds or beasts of prey ; mean while the king labouring by many princely answers to their messages , letters , and proclamations to keep them from the witchcraft of rebellion , the more they galloped into it , and nominate the earl of essex to be their general , and a great contribution of plate and money as before hath been mentioned , to bring the king home to his parliament , who might have been more ready than they , had he not been encompassed without any cause , or provocation with as many treasons , plots , falsehoods and treacheries as he had hairs upon his head and beard , with no small want of money and friends in the midst of his three once flourishing kingdoms , flaming , and on fire about his ears , which could not otherwise have brought such an accumulation of evils upon him . and being somewhat supplied by many of his exchecquer receivers , who brought unto him remainders of moneys upon their accompts , ( john pym excepted , that was the kings and his fathers receiver in arrear about years , and could not be at leisure , lest he should thereby hinder the managing of his treason against the king , and so would have made a trusty chancellor of the exchecquer for the king , ) marched as well as he could toward his loyal subjects of wales , whither to hinder and distress him the earl of essex , with his army of rebels way-laying him at edge-hill in warwickshire , where loyalty and rebellion fighting a bloody battel , and robert earl of lindsey the kings general being hurt , and carried away prisoner to warwick castle shortly after died , his son the lord willoughby offering himself an hostage , being not according to the laws of war accepted , and the rebels cannons levelled against the brow of the hill , where the king and the prince sat , but being disappointed , left the field , and retired to warwick , and the king keeping it all that night , the next day marched to banbury and took it , from thence fixed himself at oxford , to which very many parliament men that were loyal retired , and kept a true parliament , howsoever the rebels made shift to get by parcels to london , where they publish how near they were to gain the victor● of which they could have given a greater eertainty of the lord wharton had not hid himself in a saw-pit , and stephen marshal a factious minister had not mistaken himself , when in his parish pulpit at finching field in essex , he had related an impudent lye in the hearing of one that had been in that battel , that he had pickt up bullets in his velvet cap to help the rebels souldiers , when a souldier that heard him so preach , could have proved that he at another time had confessed , that he was so affrighted that he had run away four or five miles from the place where the battel had been , before he knew where he was , after which they were so unwilling to forsake their treasonable hopes as they rallyed , and ingaged all the friends the devil could help them unto , insomuch as the war grew more and more fierce , as at the kings besieging of gloucester , the effascinated citizens of londons trained bands came to raise the siege , a sharp fight was at newbury , where they were beaten , and weemes a scotish cannoneer taken prisoner , whilst he was levelling at the person of the king , in a bloody fight at copreby bridge where the rebels had the worst , and yet weemes was pardoned , and left to do more mischief , when all he could say was , in gude faith his heart was to the king. and the king was from place to place so victorious as he drove the parliament rebels by the help of his nephews , prince rupert and prince maurice , and the gallant conduct of sir ralph hopton , and the greenviles , and the courage of the cornish men ( for which they had the kings thanks publickly read and registred in the churches ) the earl of essex , and his rebel parliamentarians were so driven and penn'd up at lestichiel in cornwal , as their whole army , cannon and amunition , bag and baggage were seized , and the earl of essex , and some other commanders enforced to shift and save themselves in a cock-boat , sir william balfour getting away with some of the horse , notwithstanding all which , and that that over-tender hearted prince had experimented more than once their rebellion was inexorable , and that neither his protestation upon the sacrament , nor the word stamped upon his coyn for religion , and the priviledges of parliament could make them forsake their rebellious principles , could not forbear to bring them if possible out of that sin of witchcraft , but when he might with a victorious army have beaten them at bramford , did by some that were hired to betray 〈◊〉 councels , ( for by that time they had as much lea 〈…〉 the art of bribery , as they had the glosses of rebellion , rouse their obdurate and feared souls with messages for peace , and divers royal ministers and citizens of london had petitioned them to make peace with the king , who sent the earls of southampton and dorset unto their then called house of peers , who were answered and received uncivilly enough as to their own persons , and the king their master that sent them , printed and published intercepted letters betwixt the king and the queen , and relying more upon their confederating brethren of scotland than upon their god , and the king his vicegerent , in all hast sent to invite them to come unto their aid , which they did , and before they went home , had l. sterling paid unto them for their rebel assistance , which putting a stop to the kings victories , especially in that unfortunate battel at naseby , and afterwards at marston moore by a misintelligence at the later betwixt prince rupert , and the earl of newcastle , the king condescended to a treaty by commissioners at uxbridge , where no other reason could be accepted , but as if the king had been a subject , and they his soveraign , they appeared willing to transfer unto their scotish brethren a great part , if not all , of the kingdom of ireland , every attempt and self-defence of the king , and his loyal party bringing no better comfort than dispair , he gave license to his good subjects to retire into the parliament quarters , or unjust dominion , and compound for their supposed forfeitures ( which much encreased their treasure and power ) for fighting against the king , when they fought for him against his rebels , as if the king and they had been but one incorporation , and themselves the head , and the king could be a rebel to himself , and them at the same time , and wat tyler or jack cade , or the late massinello had authority to make themselves soveraigns , which they had not impudence enough to adventure , for it must needs appear to all mankind to be a gipsy jugling trick , or proteisme never before heard of in any part of the world. the noble earl of scarsdale refusing to compound , but retiring home , did ever after cloath himself in sackcloth , and every day to his death make a visit to his tomb. the king thus vanquished by clemency and hopes to out-reason their detestible rebellion , with all the secresie imaginable , retired out of oxford with a too much over-trusted groom of his bed-chamber riding out , as the man with mr. hudson an orthodox loyal minister , their journey being designed for london , where the king was informed that the city train bands were to muster the next day after he should reach thither , unto whose protection ( not of the scotch army then quartered at newcastle upon tine ) he intended to place the safety of his person , whilst he should treat further with his parliament rebels , ( who being sufficiently infected with their parliamentary rebellious never to be warranted principles , would have given him as little an assistance ) whereof the rebels being informed before hand by their colonel rainsborough that granted the king his pass , and did too well understand who was the treacherous groom of the bed-chamber mans master , when the loyal party were afraid what was become of the king , the rebels could answer , they would shortly hear of him , who coming near unto london , finding himself disappointed by the training put off , was enforced to coast about betwixt branford and highgate , and from thence resolve to take his way to the scotish army , and cast himself into their protection , after that he had before met with so bad an effect of their contrary loyalty , whither being come , they , as if they had had no manner of intelligence of it before , write their letters to their brother parliament rebels of their great amazement to see the king come unto them , and desire that he may be brought home to his parliament , ( over which they had such an influence as they almost governed them ) in honour and safety , who fail not to do it in promises , but would have him delivered to them , and sent to an house of his own at holmby in the county of northampton , where he should not want a guard of their own , whereupon the scotish commanders having fallen into a deeper than ordinary consideration how they could with honour , loyalty , and gude conscience deliver their native king into the hands of his enemies , and going to voting , two great commanders that in muckle manner had been obliged to their king for many great favours , and might have ballanced the vote with a great deal of facility in the negative , were mightily suspected to have gone privately along with them , that they were certain would make up the majority for delivering of the king up to his parliament adversaries , but took by all means an especial care for themselves to vote against the delivering of the king into the hands of those that would love their own ends more than any of his rights or their duty , and a bargain came so to be made , as the king was put into the mercy of the english parliament , and l. sterling , which amounted unto something more than judas iscariots thirty pieces of silver , for betraying jesus christ. and as mickel as the l. were above the scotch marks , or d. half-penny english , none or very little of it could ever after find the way to the pockets of the scotch plads , or blew caps , and he had not been long at holmby , but he was in a morning betimes fetcht out of his bed by cornet joice a fanatick tayler , with some troops of horse sent by cromwel and fairfax , into their army , quarters , and tossed from place to place until after treaties , letters and messages for peace , they had from treachery to treachery , and villany to villany contrived his execrable murder . the d of june . the lords and commons in parliament did offer their humble petition and advice , having nothing in their thoughts and desires ( as they pretended ) next unto the honour , and immediate service of god , more than the faithful performance of their duty to his majesty and this kingdom , as the most necessary and effectual means thereof , to grant and accept the propositions ensuing , viz. . that the lords and others of his majesties privy council , and all such great officers and ministers of state either at home or abroad , or beyond the seas , may be put from your privy council , and have no offices or employments , excepting such as shall be approved of by both houses of parliament , and that the persons put into their places and employment may be approved of by both houses of parliament , and that privy councellors shall take an oath for the due execution of their places in such form as shall be agreed upon by both houses of parliament . . that the great affairs of the kingdom may not be concluded or transacted by the advice of private men , or by any unknown or unsworn councellors , ( sir robert cotton a great antiquary with a well furnished library , being often consulted with by king james and that prince in special matters , ) but that such matters as concern the publick , and are proper for the high court of parliament , which is his majesties great and supream court , may be debated , resolved and transacted only in parliament , ( which was contrary to the fundamental laws and constitutions of parliaments in this , and all other the kingdoms of the christian world , whereby the matters and business of monarchy , and the regal government were limited and restrained unto arduis , & non omnibus arduis sed quibusdam ) and not elsewhere , and such as shall presume to do any thing to the contrary , shall be reserved to the censure and judgment of parliament , and such other matters as are proper for his majesties privy council shall be debated , and concluded by such of the nobility , and others , as shall from time to time be chosen for that place by approbation of both houses of parliament , ( which would have incorporated , and associated the house of commons in parliament with the house of lords , which never was , nor ought to have been otherwise than inferiour unto the house of peers in parliament , and therefore stiled the lower house of parliament , ) and that no publick act concerning the affairs of the kingdom as are proper for his majesties privy council , may be esteemed of any validity as proceeding from the royal authority , unless it be done by the advice and consent of the major part of his council attested under their hands ; and that his council may be limitted to a certain number not exceeding , nor under . and that if any privy councellors place happen to be void in the intervals of parliament , it shall not be supplied without the assent of the major part of the council , which choice shall be confirmed at the next sitting of parliament , or else to be void . . that the lord high steward of england , lord high constable of england , ( which by marriages and descent had been incorporated in the royal line , ) lord chancellor , or lord keeper of the great seal , lord treasurer , lord privy seal , earl marshal , lord admiral , warden of the cinque ports , governour of ireland , ( the chancellor of the exchequer , master of the wards , secretaries of state , two chief justices , and chief baron not being to be ranked with the peers ) may always be chosen by the approbation of both houses of parliament , ( the house of commons being never before accompted equal with the house of peers , in birth , honour , wisdom , education , alliance , or estate , ) and in the intervals of parliament by the assent of the major part of the councel , in such manner as was before expressed in the choice of councellors , ( which in a matter of a much less consequence in the government of the kings houshold , was so little endured by the nobility of england , in the th year of the raign of king richard the d , as it was adjudged an incroachment upon regal authority , and high treason , and some great lords suffered in their persons and estates for it , and others glad to receive their pardons for being confederate or privy thereunto . ) . that he or they unto whom the government , or education of his children shall be committed , shall be approved by both houses of parliament , and in the intervals of parliament by the major part of his council , in such manner as was before expressed in the choice of councellors , and that all such servants as are now about them , against whom both houses shall have any just exception shall be removed ( which before they had disclaimed , as mr. rushworths historical collections printed , and allowed by them not long before had informed us ) . that no marriage shall be concluded , or treated for any of his children with any forreign prince , or any person whatsoever abroad , or at home without the consent of the parliament , under the penalty of a praemunire unto such as shall conclude , or treat any marriage as aforesaid , ( which they had as aforesaid disclaimed ) and the said penalty shall not be pardoned , or dispenced with , but by the consent of both houses of parliament , ( that lower house never having before , or since any power of pardoning or dispensation , nor that higher without the sanction or authority of their soveraign . ) . that the laws in force against jesuits , priests , papists , and recusants be put in execution without any toleration or dispensation to the contrary , and that a course may be enacted by authority of parliament to hinder them from making any disturbance in the state or law , by trusts or otherwise . . that the votes of popish lords in the house of lords may be taken away so long as they continue papists , and that his majesty would consent to such a bill as shall be drawn for the education of children of papists by protestants in the protestant religion , which was to take away the priviledge of barons holding by tenure without conviction for treason , and of earls , viscounts , marquesses or dukes , which ever since the beginning of the raign of king richard the d . were by that , and all succeeding kings letters patents , to have vocem locum & sedem in parliamentis . . that his majesty would be pleased to consent that such a reformation be made of the church government and liturgy as both houses of parliament shall advise , wherein they do intend to have consultation with divines as is expressed in their declaration to that purpose , and that his majesty will continue his best assistance unto them for raising of a sufficient maintenance for preaching ministers through the kingdom , ( when there was no want of the orthodox more loyal and better sort ) and that his majesty would be pleased to give his consent to laws for the taking away of superstitions and innovations , and of pluralities , and scandalous ministers , ( which in their accompt were only of the church of england and loyal ) . that his majesty would be pleased to rest satisfied with the course that the lords and commons have appointed for the ordering of the militia , until the same shall be further setled by a bill , and that his majesty would be pleased to recal his proclamations and declarations against the ordinance made by the lords and commons concerning it , ( which was to take away the tenures , the power of the sword , and defence of his people . ) . that the members of either houses of parliament , as have during the time of this present parliament , been put out of any places or offices , may either be restored to their place or office , or otherwise have satisfaction for the same , upon the petition of that house , whereof he or they are members . . that all privy counsellors and judges may take their oath , the form thereof to be agreed on and setled by act of parliament , for the maintaining of the petition of right , ( which was in many things more than ever they could claim , or ever had , or could by law have any right unto , ) and of certain statutes made by this parliament which shall be mentioned by both houses of parliament ( as if they were in all duty and loyalty bound to make him a glorious king , thought they could never have unking'd him enough , and brought him to their murdering ever to be abhorred tribunal , ) and that an inquiry of all the breaches and violations of all those laws may be given in charge by the justices of the kings bench , and by the justices of assize in their circuits , and justices of the peace at their sessions to be presented , and punished according to law. . that all the judges and officers placed by approbation of both houses of parliament may hold their places quam diu se bene gesserint . . that the justice of parliament may pass upon all delinquents , whether they be within the kingdom , or fled out of it : and that all persons cited by either house of parliament may appear and abide the sentence of parliament . . that the general pardon offered by his majesty may be granted , with such exceptions as shall be advised by both houses of parliament . . that the forts and castles of this kingdom may be put under the command and custody of such persons as his majesty shall appoint with the approbation of his parliament , and in the intervals of parliament with the major part of the council , in such manner as is before expressed in the choice of councellors . . that the extraordinary guards , and military forces attending his majesty may be removed and discharged , and that for the future he will raise no such guards , or extraordinary forces but according to the law , in case of actual rebellion or invasion ( an imposition and vassalage was never put upon any thing that was like a king in christendom , for the kings of scotland whilst seperate from england , and did homage to our kings , had , when there was cause enough of fear and jealousie , as now there was none , no such unkingly vassalage put upon him . king david had men for his guard , who every month came up to jerusalem , and our saxon king alured had his guards by monthly courses . . that his majesty would be pleased to enter into a more strict alliance with the states of the united provinces , and states of the protestant religion for the defence and maintenance thereof , against all designs and attempts of the pope , and his adhaerents to subvert and suppress it , whereby his majesty will be much incouraged and enabled in a parliamentory way for his aid and assistance in restoring his royal sister , and her princely issue to those dignities and dominions which belong unto them , and relieving the other distressed protestant princes , who have suffered in the same cause . . that his majesty would be pleased by act of parliament to clear the lord kimbolton , and the members of the house of commons in such manner that future parliaments may be secured from the consequence of that evil president . that his majesty would be graciously pleased to pass a bill for restraining peers from sitting , or voting in parliament , unless they be admitted thereunto with the consent of both houses of parliament , which would have made him such a king as never was , or can be found in any christian or heathen kingdom or nation , and themselves such subjects as until they could agree the matter amongst themselves , or they should be couzened by some republicans , and those publick plunderers by some cromwel cheat , those kind of extraordinary mad men and fools of both sexes , must have been all kings , queens and princes , and that which they would have called their king , to be but as a shadow or semblance , or none at all ; ( which would have restrained the king from all power that other ●ings and princes had to reward men of merit ; when as joseph had the honour done him by pharaoh , that they should make him ride them second chariot , and cry before him , bow the knee , and as mordecai who had preserved king ahashuerus life , was arrayed with the royal apparel , and rode upon the horse on which the king used to ride , with the crown royal on his head , and the horse to be led by one o● his greatest princes through the street of the city , who sh 〈…〉 proclaim before him , thus shall it be done to the man whom the king delighteth to honour . ) all those ( or which ) their humble desires being granted by his majesty , they should faithfully apply themselves to regulate his present revenue in such sort as may be for his best advantage , and likewise to settle such an ordinary and constant increase of it , as shall be sufficient to support his royal dignity in honour and plenty , beyond the proportion of any former grants of his subjects , of the kingdom of his majesties royal predecessors . and what he owed to himself , his posterity , people , prudence , honour and dignity , as to have granted what they desired , they would too easily have obtained their advantages of bereaving him of his monarchy by such their propositions not fit to be advised , and petitions neither to be made or granted , more than pepin the mayor of the palace at paris ever had , when he perswaded the last king of the merovignian line to indulge his ease , & leave all his affairs of state to his care & manage , which brought that prince within a short time after to be shaved , and put into a monastery , and the great charles or charlemain son of pepin established king of france , or the like opportunities , which hugh capet the ancestor of the now king of france , had by his getting the rule and reins of the government into his own hands , which did the like to the family of that great charles , and placed himself , and his ever since flourishing lineage in that throne . and would make him as small a king as arise evans a fanatick taylor in black fryers in london had proposed , ( when sir james harrington had modelled his government of oceana , mr. henry nevil his plato redivivus , and mr. charles , george cock his houshold of god upon earth , and every one would be busy as he could in shooting of his bolt ) that a king should be elected out of the poorest sort of men , and have an l. per annum for his care and pains to be taken in the government , which would have been much better than the aforesaid careful manackling propositions , when the parliament must have been the king , and the king only executive and as the subject , and the parliament from time to time impowered to make laws contrary to those which he and his predecessors had made and governed by , and when they please is to execute quite contrary , and procure a pardon when he can of god almighty for it . and having by the help of their seditions and rebellion gained as they hoped a new magna charta for themselves as representatives for the people , their next care and industry were employed not only to guard and keep what they had thought themselves possessed of , but to add as many more advantages unto them as the pressures and necessities of their king might join unto them , and therefore when the noble general monke , after duke of albemarle had by gods mercy to king charles the d under the mask of a commonwealth by his wary conduct in almost a miraculous manner reduced the king to his kingdoms , dominions and monarchick rights , without , as the parliament rebels would have perswaded him , the taking of the rebellious covenant , or the abstracting of any of his regal rights , they did so contrive their matters , as in an act of general pardon larger than ever was granted by any of our kings of england with some small exceptions , prepared by two serjeants at law , that had sailed along with the wind and tide of that long lasting rebellion , they had bestowed upon it an especial praeamble , that whereas divers rebellions and insurrections had been by vertue of divers commissions of the king , and of the parliament , as if any could be guilty of high treason , or other misdemeanors , or could forfeit , that acted by the kings authority , the king had pardoned all treasons , felonies , &c. and as if they had nothing more to incroach upon the monarchy , did take it to be a breach of they knew not what priviledge for their murdered king to send for a printing-press from london to york or oxford , and the members of the house of commons in parliament , after that huge pardon granted by king charles the d of the forfeiture of all the lands in england , which were in the rebels possessions , with all their rich goods and chattels , together with another act to unbastardize their children , and unadulterate their fathers and mothers fastened , and entailed upon them by a new fanatical way of marriage before justices of peace , as if they were only to part a fray , or keep them from fighting , for which they seemed not to be at any rest or quiet with themselves , until every county , city , burrough , market town and corporation , or company of trade had attended his majesty with addresses of huge protestations of loyalty and obedience , and the expence of their blood , lives and fortunes , and all that could be dear unto them , yet too many of them could after make their counterfeit loyalty , with promises to live and dye with him to amount unto no more than the breeding of factions , and dislike of his majesties mild and tender hearted government , lampooning and scandalizing him , robbing and pilfering his royal revenue , whereby to encompass him with all manner of importunate necessities , as if the cheating and misusing of kings had been no small part of their praerogative , contrived a most abominable association upon him and his royal brother , his now sacred majesty , to murder and ruine them as they were to come thorough a narrow lane from newmarket to london in the same coach , and being disappointed therein , proceeded to infect as much as they could the parliament , that should have been his best and most wholsom counsel , to make and enter into an association upon their oaths without their king , to exclude and banish his royal brother , his now present majesty , and his heirs and successors , from the royal succession , for that he was suspected to be addicted to the religion of the church of rome . which being by the king and major part of the house of lords contradicted , a force and insurrection was contrived , and enough as they hoped listed and made ready to accomplish it ; but it being discovered by some that had been persuaded to assist therein , and some of the nobility being according to law attainted of high treason , and forfeited , they would not leave prosecuting of him with their plots and designs , until god the appointer of kings had called him to his mercy from them that would have no mercy for him . and having thus long abused their kings with their rebellions , and brought a long lasting series of mischief and miseries upon their seduced followers , could not rest satisfied if they should not give more credit to their new commonwealth-mongers , that would entitle them to the only power of summoning , proroguing , adjorning or dissolving of parliaments , and manackling of their kings and princes , and did not think they had enough established it and themselves , if they had not , when for loyalty or any such matter they were to eject any of their fellow-members , caused them to receive their sentence upon their knees , although they had committed no offence , neither supplicated for any pardon , or had it . and another being as willing as some others to adore his own fancy without any evidence of truth , law , or right reason , in his wringing . wresting and torturing of tropes , metaphors , allegories , improprieties of words or phrases beyond their right or common use , or what he had picked together out of some lying manuscripts , and abused records by omissions of truths , whereby to put his vain and groundless imaginations into some frame and method , hath in his book printed and published , endeavoured to make the house of commons to be an essential and constituent part of parliament , and to have a votum decisivum therein , and hath therein committed more dangerous errors than the late author of the theory of the earth , in his endeavouring to prove noahs flood to have been more from natural causes than the product of god almighty's will and infinite power , declared by his more especial servant moses , sufficiently confuted by the reverend father in god herbert lord bishop of hereford . and it must needs be said that he hath over-dangerously handled joves thunder-bolts , and made himself as instrumental as he could to take the soveraignty from the king , and bestow it upon the people , whom he and his opiniotretees would suppose to be represented in parliament , whereas he should have only said , it was a constituted part of the parliament from the th year of the raign of king henry the d sub modo & forma during that kings imprisonment under symon montfort earl of leicester and his rebel associates , and were neither in authority or degree the same with the more honourable , and better estated house of peers , although in that then constituted house of commons in parliament there were to be four knights out of every county in england to be elected and sent thither , ( few of them appearing ) and that more or less they might have claimed , as they have lately done the summoning of the peers and the nobility of the kingdom , electing the members of the house of commons in parliament , and they representing all the people , might more easily have continued and maintained their post and station of a never to be proved senseless and reasonless soveraignty , which was not to be seen , heard or read in this kingdom , either in the time that it had been a roman colony , or of the great arthur , or the saxon heptarchy , norman conquest , and our many since succeeding kings and princes , and is , and hath ever been attended with so many possibilities of setting people together to kill , destroy and ruin one another , as hath no where in the habitable world , but in our late english frenzy and infatuation , and most egregious hypocritical pretences of religion , whilst they for almost fifty years together , imployed their godless time in murdering of their kings and laws , and the one half or more of their fellow-subjects lives and estates , and that author can never prove that there are two supreams , nor find any way to agree them , which should be uppermost , or which the lowermost . and what pro deus atque hominum fidem , could those liberties be , that they by a pretence of reformation of grievances of their own making had usurped upon their king , to mould themselves and their wicked fellow complotters into a republick , as they would have it stiled , when it proved to be nothing but a society of rapine plunder and villany , whereof their regicide oliver cromwell had afterwards cheated them , and was almost as great a mistake in what a very learned judge had said , when he was member of the house of commons , that the king was primarily a trustee for the people , yet it could not be so affirmed by any truth , rule or law of god or man as immediately from or by them , but only as immediately from or by god commanded to take care of his people . and a wrongfull misinterpretation hath been endeavoured to be put upon some part of our reverend mr. hookers book of ecclesiastical policy , as if he had positively affirmed , that the king was a trustee for his people ( as he is doubtless for his protection ) when the late learned dr. sanderson bishop of lincoln , hath affirmed unto me that he having heedfully , perused the book written with mr. hookers own hand could discover no such words therein . so here is complexedly met and united a systeme , and a mass of the conspiracies , factions , seditions ; treasons and abominable confusions put together and agitated , sometimes at one time , and after at others , from the later end of the raign of king richard the first until the raign of king charles the d in the dream of the election of our kings and princes in the rebellion at running mede ; some barons in the raign of king henry the third threatning to choose another king , and enforcing of conservators of the liberties of the people , in the provisions derogatory to kingly government made at oxford in the raign of king henry the third , and constrained of king edward the second . and might have happened into a question unanswerable , what mischief our magna charta , or charta de foresta had done unto our nation , or upon what other cause or reason those excellent laws were granted by our king henry the d , and so dearly beloved , as they thought themselves utterly undone if they had not with the th part of their moveables obtained them eisdem modo & forma , without any substraction or addition , the same which have been continued & confirmed by their several kings and princes above thirty times , and was such a caution in one of their parliaments , as the bishops in their several diocesses were impowered to anathematize all the infringers thereof ; and king henry the d in that direful procession was constrained to walk through westminster-hall the abby-church of westminster , with all the bishops , earls , barons and nobility of england and wales , holding burning tapers in their hands , ( the king only refusing after the reading of the aforesaid magna charta's freely granted by that king , and likewise that enforced upon king john his father ) and throwing down their tapers , wishing that the souls of the infringers thereof might so burn and fry in hells everlasting fire , being such a cursed obligation as was never enforced upon any king or prince by their people in any nation of the world , and might if right had been done unto that distressed king , have been deeply censured in foro animae & gratitudinis : and if those magna charta's have been such a darling of the people as they seemed to value it as their blood and estates , how could they fall so much out of their love as they would do all that they could to be rid of them , as if they had been circe's swine tearing them in peices , when they are for the most part a compleat system or figure of our antient monarch feudal laws , and every chapter therein loudly proclaim them to be no otherwise . and what have we got in recompence of the overturning of our beneficial and ever to be praised feudal laws , but the forfeitures of all our lands and estates , if god and the king should be extream and mark what is done amiss . or can any man of learning reason or understanding , or any but one that is or hath been mad without lucid intervals , believe that st. edward the confessors laws have not deduced their original for the most part , if not all , from the feudal laws , when by the solemnest and greatest jury of the world impannelled by king william the conqueror , they appeared sine dolo & malo ingenio , to be no other than our feudal laws by which the soveraignty did appear to be in the king , ( not the people ) by which our kingdom had been governed , and did bear as near a resemblance thereunto , as one hen egg doth or can unto another in shape or figure . and what strange kind of imaginary soveraignty radically or otherwise at any time was believed to reside in the people , when the pope and his legate pandulphus made our affrighted king john to do homage by laying down his crown and scepter at the feet of his legate , multum dolente archiepiscopo cantuariensi , saith matthew paris ) nor was the tribute paid or thought fit to be paid thereupon for the kingdoms of england and ireland , though demanded of king henry the third his son , or edward the first his grandson , but by all our kings and princes neglected , it being an allowed maxime in our law that angliae rex nunquam moritur , which could not be if all the people had been understood to have been soveraigns . or can any man believe that our english ancestors did not think st. edward the confessors said laws to be tantum sacrae , when they hid them under his shrine in the church of westminster-abby , and afterwards precibus & fletibus obtained of him to be governed by them . which william the conqueror would not have granted until he had by the aforesaid grand jury examined and compared them , per sapientes & viros in lege eruditos , and the people of england and wales have ever since , being about years , never believed their lives , estates and posterities to be in any kind of safety , if the conqueror and all the succeeding kings and princes did not at their several coronations take their oaths to observe most especially st. edward the confessors laws , which they never failed to do , and hath been so taken both by his late majesty , and this our present king. and it would be a strange forgetfulness of duty , and our oaths of allegiance and supremacy , ( upon which , and no other our feudal laws are built ) to forget them , and the care of our souls , which the britaignes in armorica in france could never do since the dread and fear of the cruel invasion of the scots and picts making them forsake their native countrey of england , and retire where they now are , where they yet retain their antient feudal customs used in england ; which is that ligeance est ordinaire en tous fiefs la quelle de sa nature emporta obeyssance du vassal foy homage & autre les droits & devoirs contenus en l'infeodation & anciens advouz & tenures . l'homage lige ce fera en ceste forme scavoir que le vassal l' espee & esperons ostez teste nue ( ayant les mains entre celles de son seigneur & se enclynant ) dira telles paroles mon seigneur je deviens vostre home lige pour telles choses lesquelles je releve & tien de vous ligement en tiel vostre fief & seigneurie lesquelles choses me sont advenues par tels moyens a cause de quoi je vous doy la foy & homage lige & vous promittes par ma foy & serment vous estre loyal & feable porter l' honneur & obeysance & envers vous me gouverner aynsi que noble homage de foy lige doit faire envers son seigneur le seigneur respondra come sensuit vous devenus mon home pour rayson de tales choses par vous dites & de choses en tel me promittant que vous me serra feal & obeysant home & vassal si que vostre fief le requier & le subject respondra je le promets ainsi & lors le seigneur dira je vous y recen sauf mon droit & de l' autrui . insomuch as when all the aforesaid concurrences of the laws of god and man , records and annals , truth and rectified reason shall be united and laid together , he must be an ill subject , and a very great infidel that cannot with great assurance believe that the blessed martyr king charles the first , and his late royal majesty , and our now gracious soveraign have been much wronged in their regal rights , revenue and authority , and had as their blessed father been made likewise martyrs , if the divine providence of god had not in favour unto a sinful people prevented those very often attempts of villany . and may put us thus preserved from a ruin and confusion impending upon a nation , ( as unto too many of them ) nursed and enriched by plain or palliated disloyalty , seeing his now royal majesty his indulgent brother , and pious father , have taken their coronation oaths to observe the good laws of king edward the confessor , which are the same with our so often confirmed magna charta's , and charta de foresta , the blessings of this nation , and ordained by act of parliament to be read in all the cathedral churches of england and wales , the infringers whereof have been as aforesaid so bitterly anathematized . and that the honour , dignity and strength of the nation may no longer remain ecclipsed , and that our weakness in the want of our most honourable and ancient monarchick fundamental feudal laws may not be told , or made use of in gath and askalon , and that our king may not be without the means to defend himself and his people , and avoid the disadvantages and damages which forreign princes and his allies may put upon him in all his leagues and treaties with them concerning his imperial and monarchick crown and dignity , and in matters of commerce , wherein all his people are not a little concerned , and that there is now more reason and necessity than ever was that the temporal nobility , the principal and most concerned part of the nation , should , as they did in a parliament at merton , publickly and seriously declare that noluerunt mutare leges angliae . collapsa ruunt subductis tecta columnis moribus antiquis stant res britannae viresque . finis . notes, typically marginal, from the original text notes for div a -e thucidides . regale necessarium per fabian philipps . plowdens commentum . fabian philipps regale necessarium &c. mich. . e. . coram r●gt . mich. . e. . coram rege ro. . bracton in pro●●io . additament . mat , paris . & dr. brady in histor. h. . in appendix . & . dr. stillingfleets origines brittannicae . notes for div a -e a dr. duck de authoritate juris civilis romanorum lib. . spelman . conal . c. . sect. . & . chronicon io. brompton . selden dissert . ad fletam , c. . sect . . b sir j. spelman de vita aelfredi regis . & r. ep. chal●edon . nich. smith appendix . & doctissimae annot. in lib. ejusdem iohn spelman . c chronicon j. brompton . d dr. duck lib. . c. . sect . . & . e ll inae reg. in legib . saxon per ab. whelock & w. lambard , latin. reddit . f chronic. joh. brompton , . g ll alluredi regis . h balaeus & j● . spelm. de vita aelfredi regis . i ll edward● regis . k ll aethelstani regis . l ll edmunds regis m dr. duck de authorit . iuris civilis rom. li. . c . sect . . n sammes brit ▪ antiq. i●●str . , , , . n sammes brit ▪ antiq. i●●str . , , , . o jo. spelman in vita aelfredi , . ex ingulfo p ll edgari 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. johan . in ; in dorso . h pryn's history of k. john , , & . i mat. paris , ad annos , , , & johan . k mat. paris . l daniel , . m daniel . matt. paris . & . o charta reg. johannis in mat. paris , , , , , , . p balaeus de scriptoribus angliae , . & polydor vir gil . lib. . q cokes part institut , , . vide l. i. edwardi confessor , & cart & l. l. s matt. paris . . daniel . u daniel , . x ranulphus cestrenfis , henry de knighton , caxton's chronicle , & y pryns history of the pope's usurpation in england in the reign of king john , . z y pryns animadversions upon the th . part of cokes instit. * daniel , . * daniel , . * m. par. . * h. . * pryns history of the pope's usurpation in england . , . * epist in turre lond. inter record . ibid. * ibid. fo . . * inter recordd anno h. . in turre ●ondon . * magna charta h. . * spelman's glossar ' . * mat. paris . * pryn's animadversions upon coke's . part of the institutes . * m. par. . * pryn's animadversions upon coke's . part of the institutes 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tit. simon de montfort earl of leicester . . ● mat we 〈…〉 - f mat. pari● . f . g ro. claus . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in dorso . & ro. pa● . 〈 ◊〉 〈◊〉 〈◊〉 . h m●t. paris . 〈◊〉 〈◊〉 ●●● . i mat. paris . k ro. pat. h. . l daniel in the life of hen. . and , . m 〈◊〉 paris . . n danoel's history in the life . of king h. and matthew paris . . . o dictum de kinilworth anno . . h. . r mat. paris . & . s mat. paris . . r mat. paris . & . s ro. pat. h. 〈◊〉 . m. . intus . t mat. paris & . and peed's hist. of england . u ro. pa● . h. . intus . w ro. claus . ● h. . m. . intus x mat westminster de anno 〈◊〉 . h. . . h. . ca. h. . . ● h. 〈◊〉 . . 〈◊〉 h. 〈◊〉 . . & ● h. . ● . . car. . y sam , daniel in the life and reign of king henry d. . . z spelman's diatriba de baronibus . a placita apud northamptou coram galfrido le scroope & sociis juis justie . itener ' an. . e. . b a sir john ferne's glory of generosity . c littleton's tenuries , cokes . instit. super littleton . d barn. brisson . in basilic . lib. . tit. . 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' s baronage . tom. . . . a dugdale's baronage . tom. . and . b idem ibidem . 〈◊〉 . ● ● . and ●● . c ibid. . and . d ibid . and . e ibid. . dugdale's baronage tom . . f ibid ● . g ibid. . h ibid ● . i ibid. . k ibid . l ibid. . and . m ibid. . n ibid. . o ibid. ● . p ibid . q ibid . r dugdale's baronage . tom. tit . warwick . s dugdale's baronage . tom . t dugdale's baronage . tom and . u dugdale's baronage . tom. . . w seldens titles of honour . x daniel hist. in the life of king r : . y dugdales baronage . tom. . z ibid. . & . a heary 〈◊〉 knighton 〈◊〉 eventibus angliae . lib. 〈◊〉 p. ●● . and ● . b dugdale's baronage tom. . , and . c ibid. p , . d ibid. . ● . e ibid. . f ibid. . and . g ibid. , and . h dugdale ' s baronage . tom. . . i dugdale ' s baronage . . tom. k dugdale's baronage . . and . . tom. l ibid. . m ibid. . n ibid. . o ibid. . p ibid. . q weavers funeral mon. . ex veteri . m. s. r ro. pat. . h. . m. . and . s prophet daniel . ver . and ● . t . e. . u daniel . sir 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mat. paris . a mat. paris . b mat. paris . c mat. paris . . glossat ' du fresne in verbo seu tit . baro . & . isidor ' de orig ' verborum . angustini serm. ad fratres in eremo . lindenbro●ius in legibus eorum . hinckmarus in epist. du fresne tom. . selden tit . honor . . , , , . ll canuti . schwederus part . s. . p. . du fresne glossar ' . cassanaeus in catalog glor ' mundi parte s. . tiraquel de mobilitate & virgilius aened . l'oyseau traite des seignenries . ca. . idem ibidem . ca. . and . eliz. ca. . oath of supremacy . oath of alegiance . marculfi formulae in praefat . marculfi lib. . ca. . bugnonii notae in marculfum . , , , , , . idem ibidem . . selden tit . honor . & in dors claus . . johannis m. . ro. claus . . johannis m. . in dorso . dors. claus . . h. . m. . elsings ancient and modern manner of holding parliaments in england . . and . 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〈◊〉 . & seldens t is . of honor . ro part . mo . e. . ro. vascon . . e. . recneil de tons les traiter entre les potentats de l'europe a nimegne . coke comment ●up littleton . part instit. ca . tit . socage . walsingham hist. e. & sa. daniel hist. e. . daniel in the life & reign of king e. . plowdens comment in le case inter bu●kley & rico thomas . . e. . ro claus m . & vide seldens tit . of honor . ro. pa. . e. . m. . & seldeni dissertatio ad fletam . for sterus de juris prudentia rom. . e. ca . ro. claus. . e. . ro. pat . de an. . e. . m. . de statutis legend & proclamand in cum. cest & alibi . . e . ro cart . m . parte . aut potius parte . m. . clause . anno . 〈◊〉 . . m. . dorso . dugdales or . ju●idic . &c. seldeni noiae in hengham & breton . . e. . britton & ca. . & . sir richard bakers chronicle . speeds hist. of great britain . speeds hist. of england in the reign of king edward the st . and spelmans glos . in catalog . justiciar . walsingham ypodigma neustria . . & . . e. . ro . 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ca. . ca. . ca. . ca. . ca. . ca. . ca. . ca. . . f. . 〈◊〉 . 〈◊〉 . ca. . ca. . ca . ca. . ca. . ca. . ca. . dr. brady in his answer to mr. petit● essential and constituent rights of the house of commons in parliament . fo . . et ro . . e. . ro. scotiae & abinde ad . e. . ro. scutag . . e. . m. . dugdales origines juridic . & catalog . justic. leges anglo-saxoniae translatae per abrah●● 〈◊〉 whilocu● . brompton legibus s ●icis . ch 〈…〉 li●hfielden . ll. gulielmi conquest . in bag● de quo warranto & in r 〈…〉 l. extract de vereditis civit. london pro rege tempore e. . . e. . ca. cokes th institutes ca. . & tit . parliament . fo . . elsiugs ancient and present manner of h●lding parliaments . ca. . . cromptous jurisdictien of courts . . pryns brevia parliamentaria redi viva . . & . daltou● officium vicecomitum . . 〈◊〉 cokes pars instituts 〈◊〉 . parliament . dier fo . ● . plowdens com ment in the case of the earl of leicester . register of writs . . register of writs . fitz-herberts nat . bre . . e. . . articuli cle. . & . register of writs in the case of an abbot . . burnetts hist. of the reformation of the church of england . . part . . ro. claus. . e. . fitz-herberts natura brevium . . elsings ancient & present manner of holding parliaments in england . ca. . . . ro. claus. . r. . in dorso . m. . ro. claus. . r. . . register of writs . & . . 〈◊〉 . . ro. claus. . part . claus . e. . m. . & . in dorso . pryns part regist. of parliamentary writs . . & . idem in his plea for the house of lords . & . sir robert filmers patriarcha or the natural power of kings . p. . pryn's brevia parliamentaria rediviva . . . . ● . 〈◊〉 §. . pryn's brevia parliamentar . rediviva . . . crompton's jurisdiction of courts tit . parliament . pryn's brevia parliamentar . rediviva . . & . . ro. parl. . . . e. . pryn's bre 〈…〉 parliament●ria rediviva . . . . pryn's brevia parliamentarrediviva . . & . pryn's brevia parliamentar . . pryn's brevia parliament●● . rediviva . . . pryn's brevia parl . rediviva . ro. parl . . e. . . r. . ca. . cokes th institutes . . h. . ca. . . el. . ca. . el. . . jac. ro. parl . . e. . & passim in regnis subsequentium regum . e. . & essings manner of holding parliaments . . pryns animadversions upou cokes . institutes tst . parliament . ms. of mr. noy . cokes 〈…〉 institutes . elsings ancient and modern way of holding parliaments in england . . . . pryn's brevia parl . rediviva . . pryn's part of historical collections of the ancient parliament of england . . . . . . . . . . . . . . . . . . . . mat. paris . mr dryden in the vindication of his parallel betwixt the french holy league & the eng● . league and covenant . f. . pryns animadversions upon the th instit . tit . parliament . . & . chron. abb. sci. petri. glouc. . in bib . cotton . . ro. parl . . h. . m. . n . ro. parl . . h. . m. . & pryn in his part of the abridgment of parl. waits . . elsings ancient and modern way of holding parliaments in england . . littletons tenures . sir john fernes glory of generosity . . . . idem ib. . . claudius ctareus de militibus . elsing's antient and modern way of holding parliaments in england . . and . ingulphi historia . . . dugdales monasticon , tom. . . seldeni notae & spicilegium ad e 〈…〉 . & . mat. paris addocta●ent . . seldens tit . honour . . & . seldens title of honour . . cokes . part instit ca. . tit . attornment . ro. & . e. . walsingham hist. angl. e. 〈◊〉 . dugdales baronage . ro. parl. . h. . m. . and dr. bradys answer to mr. pettits book that the house of commons is an essential part of the parliament . du fresne glossar . tom. . ro. claus. . l. . m. . dorso . parts of mr pryns register of parliament writs and th part of a brief register of parliament writs . . ro. parl. . e. . cokes . part institutes . ro. parl. . e. . 〈◊〉 . . varsev●●us de concili● . martinius . martinius & calvin in 〈◊〉 leuis philologi● bracton . martinius . cokes lib . institutes . salamonius de not . gent. bornitius lib. . ca. . novel . . ca. . §. . in epist. ad roman . ●omil . . zechius de principat ad ministriont . bodin de rep. . zanzini de recanati de monarchi de france . pryns brevia parliamentar . rediviva . . & . pryns brevia parliamentar . rediviva . . . e. . m. . ro . claus . ro. claus . . e. . m. . in dorso . elsing's ancient & present manner of holding parliaments in england . . . e. . m. . & . ro . claus . in dorso . . e. . ro . claus . in dorso . . e. . ro . claus . m. . in dorso . ro. claus . . e. . m. . in dorso . . e. . claus . in dorso . m. . 〈◊〉 . e. . ●● . . claus . dorso . . e. . 〈◊〉 . in dors . 〈◊〉 . . . e. . m. . ro . claus . in dors . pryns part of the register for parliament writs . . . . e. . m. . claus . in dors . . e. . claus . m. . in dorso . ro. claus . 〈◊〉 . e. . m. . in dorso . . e. . m. . in dors . ro . claus . ro. claus. . e. . m. . in dorso . . e. . n. . elsing's ancient & present manner of holding parliaments in england . pryns brevia parliamentar . rediviva . . pryns brevia parl. . elsings ancicient and modern manner of holding parliaments in england . elsing . & mat. parker antiquitates ecclesia britanniae . ro. claus . . e. . m. , parte , ro. claus . . e. . parte prima . m. . in dorso . pryns brevia parliamentar . rediviva . . . . . . . . . . e. . n. ● ro. claus . . e. . parte . m. . in dorso . ro. parl . . e. . ro. claus . . e. . m. . in bundell brium . e. . pryns brevia parliamentar . pryns brevia parliamentar . rediviva . . ro pat . . e. . part . m. . e. 〈◊〉 . elsings ancient and modern manner of holding parliaments in england . . . . . pryns part of the register for parliament writs . ● . ro claus . e. . m. . in dorso pryns part of a register of parliament writs . claus . e . m. . in dors . part . . ro parl . e. . elsing's ancient and present manner of holding parliaments in england . . ro. parl . . r. . n. . ro. parl . . r. . ro. parl . . r. 〈◊〉 . n. . . . . pryns part of the register of parliament writs . e. . & . r. . elsings ancient and modern manner of holding parliaments on england . 〈◊〉 . . . . h. . elsing's ancient and present manner of holding parliaments . . h. . elsings manner of ancient and present parliaments in england . & . idem ibidem . . . . elsings ancient and present manner of bolding parliaments in england . . . . . . . and . ro. claus . . e. . m. . & . in dorso . dugdales origines juridiciales . sr john pettus collections . . eliz. ca. . & . eliz. ca. . oath of supremacy . oath of allegiance . journalls of the last parliaments of q. elizabeth collected by heywood townshend a mem 〈…〉 thereof . idem ibidem . . & . fo. . . & . idem ibidem . . ● . idem ibidem . . . . . p. . . . . . ibidem . . idem ibidem fol. ● . idem 〈◊〉 〈◊〉 . idem ibidem fal . . & ● . compton's jurisdiction of c●●rts tit . parliament . p. , . p. , . p. . p. . . and . m. s. of mr. william noy , the learned attorney general of king charles the first . ro. parl. h. . n. . ro. parl. e. . n. . ro. parl. . e. . n. . ro. parl e. . n. . ro. parl. e. . n. . & . ro. e. . n. . & . ro. parl. e. . n. . & . ro. parl. e. . n. . & . ro. parl. e. . n. . ro. parl. e. . n. . ro. parl. e. . n. . ro. parl. e. . n. . ro. par. r. 〈◊〉 . n. . ro. parl. e. . n. . ro. parl. e. . n. . ro. parl. 〈◊〉 e. 〈◊〉 . 〈◊〉 . 〈◊〉 . ro. parl. e. . n. . . ro. parl. e. . n. . ro. parl. ● . e. . n. . ro. parl. . e. . n. . ro. parl. . e. . n. . . & . ro. parl. . e. . n. . ro. parl. . n. . ro. parl. . e. . n. . . . ro. parl. . e. . n. . ro. parl. 〈◊〉 . e. . n. 〈◊〉 . ro. parl. 〈◊〉 . e. . n. 〈◊〉 . ro. parl. 〈◊〉 . e. . n. 〈◊〉 . ro. parl. ● . e. . n. . ro. parl. ● . e. . ro. parl. . r. . n. . . h. . n. . . . ro. parl. . h. . 〈◊〉 . & . ro. parl. . h. . n. . ro. parl. r. . n. . . 〈◊〉 . . 〈◊〉 . ro. . e. . n. . ro. parl. . h. . n. . . ro. parl. . h. . n. . ro. parl. . e. . n. . ro. parl. . e. . n . . ro. parl. . e. . n. . . . ro. parl. . e. . n. . ro. parl. . e. . n. . and . ro. parl. . e. . n. . ro. parl. . e. . n. . . and . ro. parl. . e. . n. . ro. parl. . e. . n. . ro. parl. . e. . n. . ro. parl. . e. . n. 〈◊〉 . ro. parl. . e. . n. . ro. parl. . e. . n. . ro. parl. . e. . n. . ro. parl. . e. . n , . ro. parl. . h. . n. . ro. parl. . h. . n. . ro. parl. . e. . n. . & . ro. parl. . e. n. . 〈◊〉 e. . ro. parl. e. . ro. claus. e. . m. . indors . ro. parl. . e. . n. . ro. parl. . e. . n. . ro. parl. . e. . n. . and . ro parl. ● e . n , . ro. parl. . e. . in dors . n. . ro. parl. . h. . n. . ro. parl. . h. . n. . ro. claus. . e. . m. . ro. parl. . e. . ro. parl. . h. . n. . ro. parl. . e. . m. ro. parl. . e. . m. . & cap. . ro. parl. . e. . & . e. . m. . & . r. . pryns fourth part of parliament writs , . . . . ibid. , , , ro. parl. r. . re 〈…〉 of writs , and pryns fourth part of parliament writs , , . h. . c. . considerations touching laws positive and of necessity . martinius . budaeus . ro. pat. . r. . parte . in dorso . pryns animadversions upon cokes institutes , , , , , , . cromptons jurisdiction of parliament . marsellaer de legatis . camdens annals of queen elizabeth . tempore h. . selden tit . honor . cromptons jurisdiction of courts , tit . parliament . cokes twelve reports in the countess of shrewsbury's case . ob countess of ri in his th report . ro. parl. . e. . cooks fourth part of institutes , tit . parl. ll. canuti . ll. edwardi co 〈…〉 or , p. . ll. h. . rot. claus. . e. . in dorso , 〈◊〉 . ▪ mat. paris . ro. claus. . h m . & . ro patent h ▪ 〈◊〉 . m ▪ . 〈◊〉 . ro. claus. h n. . ●at . paris . rot. pat . . e. . rot. pat . . e. . rot. claus. . e. . rot. pat . h. . rot. pat . . e. . rot. pat . . h. . rot. pat . . h. . rot. pat . . h. . exect collection of remonstrances , declarations and messages betwixt his late majesty and the parliament , printed by order of the commons in parliament , . march , . ll. caruti . rot. parl. r. . pryns part of his register of parliament writs . pryns animad . upon cokes instit. rot. parl. cokes institutes . cokes part of the institutes . tit. parliament . rot. parl . e. . ll. canuti , ll. inae , . h. . cap. . rot. parl. . h. . n. , . rot parl. . e. . n. . r. . in the abridgment of the parliament records in english said to be done by sir robert cotton . rot. parl. h. . n. . . rot. parl. e. . n. . rot. parl. . e. . n. . rot parl. . e. . rot. parl . at . r. . esther , ca. , , , . reg. . bracton . cokes instit. . . tenenda non tollenda per fabian philipps . miscalled recompence per eundem . ligeancia lugens pereundem . mr. francis moores reports , richards case . . f. de admin . cod. de pre . imposs . cit. de legibus different . reinoldus curicke de privilegiis , ca. , . & . ca. , . & . r. de caricke ca privilegiis . dr. brady in his history of england , from the first entry of the romans until the raign of king henry the third , and lambart l l. edwardi confessor . . esiber cap. . . . . . h. . elsings anuncient and modern manner of holding parliaments in ergland . . h. . h. . ro. parl. cokes th . part institutes tit . parliament . h. . n. . e. . n. . e. . anno . & . h. . §. . h. . comptons jurisdiction of courts tit. parliament . eliz. in the journal of the house of commons . et elsings annaent , and modern manner of holding parliaments in england , , . & pryns animadversions upon sir edward cokes th part of the institutes . brodon de legibus & consuetudinibus angliae . e. . cap. . cap. . sir john davies concerning the kings customs , and the statute de tallagio non concedendo . rot. parl. e. . eginard en la vie de charlemaigne . e. ca. . eginard en la vie de charlemaine . r. . ca. . car. p 〈…〉 i. perot . scalig. lib. . poetic . donatuc . d. lib. tit . . . and in instit. lib. . tit . . l. f. de statum bom . § . lib. 〈◊〉 tit . . leg. . f. de usu fruct . pe● l. . seneca . m●●ti●ii lexicon . 〈◊〉 〈◊〉 . du fr●s●● . gibie●● de libertate dei & creaturae . reynoldus curick de privilegiis , p. . iudem , cap. . p. . & . & ● . h. . ca. . sir john spelman in vita aelferdi regis . et mat. paris . l. l. canuti . h. . ca. . ro. parl. e. . ro. parl. e. . ro. parl. e. . ro. parl e. . ro. parl. e. . ro. parl. e. . ro. parl. e. . ro. parl. e. . ro. parl. e. . reg. ca. . v. , , . l. l. canuti . ro. claus. johannis . selden . dissert . ad fletam & fleta , ca. . e. . l. l. canuti . pryns collection of the ancient parliaments . seldeni notae in histor . eadmeri . sir john spelman in viea ●●redi regis . a ●ales eginard 〈…〉 〈◊〉 de 〈◊〉 〈◊〉 a 〈…〉 〈◊〉 , p 〈…〉 . . & . ro. parl. . e . pryns collection of the ancient parliaments . h. . daniel in the life of king h. . h. . h. . daniel ibidem . walsingham ypodigm . neustriae . hovedon parte posteriore . mat. paris . mat. paris & daniel in the life of king henry . mat. paris . e. . 〈◊〉 . . ro. claus. dors . e. . ro. claus. in dors . m. . exodus ca. & ca. . ibidem ca. . elsings ancient and present manner of holding parliaments in england . . e. . ca. . e. . ca. . ro. parl. . e. . & r. . e. . e. . e. . e. . e. . 〈◊〉 . e. . 〈◊〉 ▪ e. . 〈◊〉 e. . r. . h. . h. . h. . e. . r. . h. . h. . e. . mar. eliz. jac. car. . exact collection of proceedings in the parliament from the d. of november . until the moneth of june car. . spelmanni glossar . du fresne glossar . h. . ca. cokes th part institutes . walsingham hypodigma neustriae in vita e. . & ro. parl. c 〈…〉 s d part institutes . r. . aitzema's re volutions of the united provinces . mr. william pryn. cokes th part institutes . walsingham hist. e. . p. . walsingham in histor. e. . . cromptons jurisdiction of courts . tit . parliament . the kings answer to the parliament 〈◊〉 in 〈◊〉 , col 〈…〉 tions . pryns preface to the exact of the ●ecord , in the . cromptons jurisdictions of courts , and cokes institutes . republick of venice . seldens titles of honour . ro. parl. . e. . . e. . dr. brady in his history of england , from the roman , british , saxon , danish and norman times , until h. . e. . ro. parl. . e. . r. . h. . . h . ro. parl. . h. . h. . h. . h. . h. . h. . h. . h. . h. . h. . h. . h. . h. . e. e. . e. . e. . e. . ro. parl. . e. . ro. parl. . e. . n. . e. n. . & . ro. parl. . r. . ro. parl. . r. . chroms litchfield . l. l. edward confessors . rushworths historical collections , or pryns confuted modus 〈◊〉 parliament . selden tit . honor . part . . pag. . pryns confutation of that 〈…〉 dus p. . heywo●d town●send reports of the four last years of queen elizabeths raign . ro. parl. h. . ro. parl. . & h. . m. . declaratio ordinum hollandie & west-frisi● , printed at leyden , . spelman . glossar . dr. brady in his history of those times . pryns confutation of the fabulous modus tenendi parliamentum in his brief register of parliament writs . l. l. edwardi confessor . dr. brady's compleat history of england until the end of the raign of king henry the third p. . & . livy . tacitus in vita agricolae . l. l. aluredi . l. l. edwardi regis . dr. brady's history of england , p. . & . ro. parl. r. . rushworths historical collections . reynoldus curick . du fresne glossar . gibieuf de libertate dei & creatur . ro. parl. dr. brady's history of england & quadilogus plutarch in v●●a solonis petrus cunaeus de republica h 〈…〉 m ll. athelstani dr. brady's history of england . seldens tit . honor . mat. paris . dr. bradys history of england p. . ro. pat . . johann . m. . dors ro. pat . . johannis m. . in dors. pryns th part of the register of parliamentary writs . ro. parl. e. . petition of the lords and commons to his majesty at hampton court th of december . petition to the house of commons . husbands collections of proceedings in parliament pryns soveraignty of parliaments . john whites politick catechism . henr. de bracton in pro●●io . e. . the propositions sent unto the king the d of june . rushworths historical collections . genesis ca. . v. . esther ca. . v. , . copy of the bill of exclusion in the paper seized in the earl of shaftsbury's closet in anno . animadversions on a book called the theory of the earth . dr. brady in the history of king henry the third . hookers ecclesiastical policy , & isaack walton in vita ●jasdem . mat. paris . ll. edwardi confessor . & chronicon l●●●●f●ilde●s . custum●s de b●●taigne ●n f●●ncep . . . ● . a plea for prerogative, or, give cæsar his due being the wheele of fortune turn'd round, or, the world turned topsie-turvie : wherein is described the true subjects loyalty to maintain his majesties prerogative and priviledges of parliament / by thorny aylo, alias, john taylor. taylor, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) a plea for prerogative, or, give cæsar his due being the wheele of fortune turn'd round, or, the world turned topsie-turvie : wherein is described the true subjects loyalty to maintain his majesties prerogative and priviledges of parliament / by thorny aylo, alias, john taylor. taylor, john, - . [ ], p. printed for t. bankes, london : . in verse. illustrated t.p. reproduction of original in thomason collection, british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng prerogative, royal -- england. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a plea for prerogative : or , give caesar his due . being the wheele of fortune turn'd round : or , the world turned topsie-turvie . wherein is described the true subjects loyalty to maintain his majesties prerogative and priviledges of parliament . by thorny ayl● : alias , iohn tayler . malice , disloyalty , war and sects aspire , religion , peace , obedience are i th mire . mallice . peace.religion.obedience.love.war.sects.disloyaty . religion , peace , obedience , love , no doubt , though they be l●t , the wheele will turne about . london , printed for t. bankes . . a plea for prerogative : or , give caesar his due . the divel 's horne-mad , religion here should florish , or england constantly the truth should nourish : and he ( contriving with the romish sect ) they soon a hellish stratagem project , that with a strange blast of a powder-blow , into the ayre the parliament to throw , and with a whirle-winde terrour to appall gods word profest , the court , the state and all records , lawes , statutes , grants , decrees and charters , men , women , children ( piece-meale torne in quarters ; ) magnifique buildings , pompous monuments ; illustrious guildings , sumptuous ornaments ; king , prince , peeres , commons , with one puffe should caper , and ( in a moment ) turn'd to ayre and vapour . the divell and rome are all starke mad at this , that they , their great desired aime should misse , devis'd more mischiefes from th' infernall pit , to make us this deliverance to forget , and be ingratefull to that power above , who this great danger from us did remove , for sathan knowes , that base ingratitude doth all , and every damned vice include ; and therefore 't is the totall of transgressions to be unthankfull for gods gracious blessings : there 's nothing else drawes down th' almighties hate , it hath dismembred wretched englands state ; pride , avarice , lust , hath broke our happy peace , and daily do our sins , and shames increase . he 's a wise man ( that without danger ) can serve god his king , and be an honest man ; for ( in these dayes ) to speak truth and do right , is paid with scandall , danger and despight . thus vice is entred , vertue is thrust out , and fortunes wheele is madly turn'd about ; peace , love , religion and obedience are vertues of exceeding excellence ; yet as the picture in the wheele doth show , they are turn'd downwards in the spokes below , whilst malice , war , sects and disloyalty are in the upper spokes , exalted high , and true obedience neuer did refuse , to give to god and caesar both their dues ; though she be humble , free from arrogance , yet her humility doth her advance : and though she be trod downe , i make no doubt but fortunes wheel will shortly turn about : disloyalty doth proudly over-top her , and makes a glistning guilded shew of copper , full of corruption , basenesse and deceit , deluding and most feigned counterfeit . some do complain of fortune and blinde chance , and do their hands and eyes t'wards heaven advance ; and cry , o god ( which madst the glorious sun , ) what hath poore england 'gainst religion done , that all her goodnesse topsie turvie lyes , derided , jeer'd at , wrong'd by contraries . religion was the sacred bond and tye , the rule and square how men should live and dye ; the ground and sole foundation of the law ; the good mans sword and shield ; the bad mans awe ; t was one entire in majesty high stated , now broken , fractur'd , rent and dislocated ; divided into sects , in pieces shatter'd ; and ( like a beggers cloake ) all patch'd and totterd . and what hath england done to worke all this ? nothing at all , but doing all amisse ; esteeming earths corrupted fa●ing drosse , and slighting heaven , and true religions losse . these are the causes , these for vengeance cals ; this makes high climers to have loest fals , when men seeke honour with ambicious guile , my little wit doth at their follies smile ; that though they seeme most glorious , great and stout ; yet fortunes wheele will quickly turne about . the potent pope and conclave of that sect , did ( and do ) daily stratagems project . the mungrill papist , the arminian , the consubstantiall misled lutheran ; the anabaptists , brownists , arians , scismaticall disciplinarians . these , and more sects of seperatists beside , do from religion to opinion slide ; and as they from each other disagree , in various fashions god is serv'd we see . th' eternall word 's high majesty in such ( that man can never honour it too much , ) is turnd unto the lowest spoke o' th wheele , and too too few the overthrow doth feele . the king , who is the lords anointed knowne , whose crownes and kingdomes ( under god's 〈◊〉 i will not say 't t' oppresse , but true and just to guide all under his great charge and trust though he ( next christ ) imediate power hath ; and his resisters merit heau'ns hot 〈◊〉 yet this is not remembred , very few will render caesar what is caesars due ; which is obedience , loyalty and love ( because his power is from the power above ; ) but church and state , are by the rabble rout abus'd ; thus fortunes wheele is turn'd about . religion ( true ) that ought to be the ●ye from god to man , that man should 〈…〉 is made a stable , a very staulking horse wherein each beast doth 〈◊〉 a beastly course . religion now each ignoramus whirles into the fancies of fooles , boyes and girles , who dare talke of misterious 〈◊〉 ( better then bishops can ) in 〈…〉 they can finde out daniels prophetique meaning , and from the bible they have so much gleaning , that they dare venture with their quirks and quips to expound saint iohn and his apocalips . thus they thinke we , and we thinke they are out ; but fortunes wheele i hope will turne about . sects up are mounted , and their impudence and ignorance hath drove religion hence ; as once the papists , in queene maries raigne , the protestant profession did disdaine ; when swords and halters , and tormenting flames , exiles , imprisonments , and all th'extreames that hell or roman 〈…〉 , the gospell to suppresse by tyran●ize ; and now the almighty hath this kingdome grac'd , that popish superstition is defac'd : a crew of new sects are sprung up of late , as bad as papists were to church and state ; whose barren knowledge seemes all things to know , who would all rule , and learning overthrow ; whose wisdomes still are in the wane , most dull ; whose ignorance is alwayes at the full ; whose good workes are invisible , so good not to be seene , felt , heard , or understood : of these mad sects , ther 's too too many a wigeon , that doth despise the protestant religion ; and worse then papists they deride and flout , but fortunes wheele , i guesse , will turne about . peace ( the same day that christ rose from the grave ) was the first gift he his disciples gave ; and that his peace should still with them remain he ( eight dayes after , gave them peace again ; that peace which passeth understanding all ; is racketed and bandied like a ball : warre , strife , contention , mischiefe and debate opposeth peace , and seekes to ruinate faire england , by the meanes of men accurst , who wrong her most whom she hath bred and nurst . and now against her peace th' have madly fought , but fortunes wheele i know will turn about . love is the livery , cognizance , and crest christ gives his servants , who are ever blest , th' immortall god , left glorious heaven above , and was made mortall ( o transcendent dove ! ) nay more , he for his enemies did dye , and rise , that they might live eternally . he cald them brethren ( so their lo●es to win ) and made himselfe like them , in all but sin , he cals each true beleeving soule his brother and lov'd us so , cause we should love each other but all this love which he bestow'd so free , is back repaid with malice , as we see : the wheele doth shew us how the case doth stand , malice and hatred hath the upper hand ; our words and works do shew we love him not ; our love to one another is forgot ; we say and do the most part to this end ( he that so lov'd us ) how we may offend ; and stead of loving one another , as our blessed saviours last commandment was , with malice we would cut each others throats ; which shewes we do not wear christs livery coats : and as himselfe hath long agoe foretold , th' increase of sin makes many mens love cold . thus man his malice against man doth spout , god grant the wheele may quickly turne about . nor shall my muse in this taske further run ; i wish the king and parliament had done ; that as his majesty is knowne to be , gods chiefe vicegerent in his soveraignty ; so he with them may all as one combine to settle things , both humaine and divine ; that we may be held free from all offence , and gaine him hither , and not drive him hence with libels , tumults , and a wretched rout , for which i 'le hope the wheele will turn about . finis . notes, typically marginal, from the original text notes for div a -e ioh. . . phil. . . ioh , . heb. . ● . a remonstrance of the most gratious king iames i. king of great britaine, france, and ireland, defender of the faith, &c. for the right of kings, and the independance of their crownes. against an oration of the most illustrious card. of perron, pronounced in the chamber of the third estate. ian. . . translated out of his maiesties french copie. declaration du serenissime roy jaques i. roy de la grand' bretaigne france et irlande, defenseur de la foy. english james i, king of england, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a remonstrance of the most gratious king iames i. king of great britaine, france, and ireland, defender of the faith, &c. for the right of kings, and the independance of their crownes. against an oration of the most illustrious card. of perron, pronounced in the chamber of the third estate. ian. . . translated out of his maiesties french copie. declaration du serenissime roy jaques i. roy de la grand' bretaigne france et irlande, defenseur de la foy. english james i, king of england, - . betts, richard, - . [ ], , [ ] p. printed by cantrell legge, printer to the vniuersitie of cambridge, [cambridge] : . a translation by richard betts of: declaration du serenissime roy jaques i. roy de la grand' bretaigne france et irlande, defenseur de la foy. a reply to: du perron, jacques davy. harangue faicte de la part de la chambre ecclesiastique, en celle du tiers estat, sur l'article de serment. the first leaf is blank except for a fleuron. running title reads: a defence of the right of kings. reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher 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markup guidelines are available at the text creation partnership web site . eng du perron, jacques davy, - . -- harangue faicte de la part de la chambre ecclesiastique, en celle du tiers estat, sur l'article de serment -- controversial literature. prerogative, royal -- early works to . church and state -- england -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a remonstrance of the most gratiovs king iames i. king of great brittaine , france , and ireland , defender of the faith , &c. for the right of kings , and the independance of their crownes . against an oration of the most illustrious card. of perron , pronounced in the chamber of the third estate . ian. . . translated out of his maiesties french copie . printed by cantrell legge , printer to the vniuersitie of cambridge . . the preface . i haue no humour to play the curious in a forraine common-wealth , or , vnrequested , to carrie any hand in my neighbours affaires . it hath more congruitie with royall dignity , wherof god hath giuen me the honour , to prescribe lawes at home for my subiects , rather then to furnish forraine kingdoms and people with counsels . howbeit , my late entire affection to k. henrie iv. of happy memorie , my most honoured brother , and my exceeding sorrow for the most detestable parricide acted vpon the sacred person of a king , so complete in all heroicall and princely vertues ; as also the remembrance of my owne dangers , incurred by the practise of conspiracies flowing from the same source , hath wrought me to sympathize with my friends in their grieuous occurrents : no doubt so much more daungerous , as they are lesse apprehended and felt of kings themselues , euen when the danger hangeth ouer their owne heads . vpon whome , in case the power and vertue of my aduertisments be not able effectually to worke , at least many millions of children and people yet vnborne , shall beare me witnes , that in these daungers of the highest nature and straine , i haue not bin defectiue : and that neither the subuersions of states , nor the murthers of kings , which may vnhappily betide hereafter , shal haue so free passage in the world for want of timely aduertisment before . for touching my particular , my rest is vp , that one of the maynes for which god hath advanced me vpon the loftie stage of the supreme throne , is , that my words vttered from so eminent a place for gods honour most shamefully traduced and vilified in his owne deputies and lieutenants , might with greater facilitie be conceiued . now touching france ; faire was the hope which i conceiued of the states assembled in parliament at paris . that calling to minde the murthers of their noble kings , and the warres of the league which followed the popes fulminations , as when a great storme of haile powreth down after a thunder-cracke , and a world of writings addressed to iustifie the parricides & the dethronings of kings , would haue ioyned heads , hearts , and hands together , to hammer out some apt and wholsome remedie against so many fearefull attempts and practises . to my hope was added no little ioy , when i was giuen to vnderstand the third estate had preferred an article or bill , the tenor and substance whereof was concerning the meanes whereby the people might be vnwitched of this pernicious opinion ; that popes may tosse the french king his throne like a tennis ball , and that killing of kings is an act meritorious to the purchase of the crowne of martyrdome . but in fine , the proiect was encountred with successe cleane contrary to expectation . for this article of the third estate , like a sigh of libertie breathing her last , serued only so much the more to inthrall the crowne , and to make the bondage more grieuous and sensible then before . euen as those medicines which worke no ease to the patient , doe leaue the disease in much worse tearmes : so this remedie inuented and tendred by the third estate , did onely exasperate the present maladie of the state : for so much as the operation and vertue of the wholesome remedie was ouermatched with peccant humours , then stirred by the force of thwarting and crossing opposition . yea much better had it beene , the matter had not beene stirred at all , then after it was once on foote and in motion , to giue the truth leaue to lie gasping and sprawling vnder the violence of a forraine faction . for the opinion by which the crownes of kings are made subiect vnto the popes will and power , was then avowed in a most honourable assemblie by the averment of a prelate in great authoritie , and of no lesse learning . he did not plead the cause as a priuate person , but as one by representation that stood for the whole bodie of the clergie . was there applauded , and seconded with approbation of the nobilitie . no resolution taken to the contrarie , or in barre to his plea. after praises and thankes from the pope , followed the printing of his eloquent harangue or oration , made in full parliament : a set discourse , maintaining kings to be deposeable by the pope , if he speake the word . the saide oration was not onely printed with the kings priuiledge , but was likewise addressed to me by the author and orator himselfe ; who presupposed the reading thereof would forsooth driue me to say , lord cardinall , in this high subiect your honour hath satisfied me to the full . all this poysed in the ballance of equall iudgement , why may not i truly and freely affirme , the said estates assembled in parliament haue set royall maiestie vpon a doubtfull chance , or left it resting vpon vncertain tearmes : and that now , if the doctrine there maintained by the clergie should beare any pawme , it may lawfully be doubted , who is king in france ? for i make no question , he is but a titular king that raigneth onely at an others discretion , and whose princely head the pope hath power to bare of his regall crowne . in temporall matters , how can one be soveraigne , that may be fleeced of all his temporalties by any superiour power ? but let men at a neere sight marke the pith and marrowe of the article proposed by the third estate , and they shall soone perceiue the skilfull architects thereof aymed onely to make their king a true and reall king , to be recognised for soueraigne within his own realme , and that killing their king might no longer passe the muster of works acceptable to god. but by the vehement instance and strong current of the clergie and nobles , this was borne down as a pernicious article , as a cause of schisme , as a gate which openeth to all sorts of heresies : yea there it was maintained tooth and nayle , that in case the doctrine of this article might go for currant doctrine , it must follow , that for many ages past in sequence , the church hath bin the kingdome of antechrist , and the synagogue of satan . the pope vpon so good issue of the cause , had reason , i trow , to addresse his letters of triumph vnto the nobilitie and clergie , who had so farre approoued themselues faithfull to his holines ; and to vaunt withall , that he had nipped christian kings in the crowne , that he had giuen them checke with mate , through the magnanimous resolution of this couragious nobilitie , by whose braue making head the third estate had bin so valiantly forced to giue ground . in a scornefull reproach he qualified the deputies of the third estate , nebulones ex foece plebis , a sort or a number of knaues , the very dregges of the base vulgar , a packe of people presuming to personate well affected subiects and men of deepe vnderstanding , and to read their masters a learned lecture . now it is no wonder , that , in so good an office and loyall carriage towards their king , the third estate hath outgone the clergie . for the clergie denie themselues to haue any ranke among the subiects of the king : they stand for a soueraigne out of the kingdome , to whome as to the lord paramount they owe suit and seruice : they are bound to aduance that monarchie , to the bodie whereof they properly appertaine as parts or members , as elswhere i haue written more at large . but for the nobilitie , the kings right arme , to prostitute and set as it were to sale the dignitie of their king , as if the arme should giue a thrust vnto the head ; i say for the nobilitie to hold and maintaine euen in parliament , their king is liable to deposition by any forraine power or potentate , may it not passe among the strangest miracles and rarest wonders of the world ? for that once granted , this consequence is good and necessarie ; that in case the king , once lawfully deposed , shal stand vpon the defensiue and hold out for his right , he may then lawfully be murthered . let me then here freely professe my opinion , and this it is : that now the french nobilitie may seeme to haue some reason to disrobe themselues of their titles , and to transferre them by resignation vnto the third estate . for that bodie of the third estate alone hath carried a right noble heart : in as much as they could neither be tickled with promises , nor terrified by threatnings , from resolute standing to those fundamentall points & reasons of state , which most concerne the honor of their king , and the securitie of his person . of all the clergie , the man that hath most abandoned , or set his owne honour to sale , the man to whome france is least obliged , is the lord cardinall of perron : a man otherwise inferiour to few in matter of learning , and in the grace of a sweete style . this man in two seuerall orations , whereof the one was pronounced before the nobilitie , the other had audience before the third estate , hath set his best wits on worke , to draw that doctrine into all hatred and infamie , which teacheth kings to be indeposeable by the pope . to this purpose he tearmes the same doctrine , a breeder of schismes , a gate that openeth to make way , and to giue entrance vnto all heresies ; in briefe , a doctrine to be held in so high a degree of detestation , that rather then he and his fellow-bishops will yeild to the signing thereof , they will be contented like martyrs to burne at a stake . at which resolution , or obstinacie rather in his opinion , i am in a manner amased , more then i can be mooued for the like brauado in many other : for as much as he was many yeares together , a follower of the late king , euen when the king followed a contrarie religion , and was deposed by the pope : as also because not long before , in a certaine assemblie holden at the iacobins in paris , he withstood the popes nuntio to his face , when the said nuntio laboured to make this doctrin , touching the popes temporall soueraigntie , passe for an article of faith . but in both orations , he singeth a contrarie song , and from his owne mouth passeth sentence of condemnation against his former course and profession . i suppose , not without solide iudgement : as one that herein hath well accommodated himselfe to the times . for as in the raigne of the late king , he durst not offer to broach this doctrine ( such was his fore-wit : ) so now he is bold to proclaime and publish it in parliament vnder the raigne of the said kings sonne : whose tender yeares and late succession to the crowne , do make him lie the more open to iniuries , and the more facill to bee circumuented . such is nowe his after wisedome . of these two orations , that made in presence of the nobility he hath , for feare of incurring the popes displeasure , cautelously suppressed . for therein hee hath beene somewhat prodigall in affirming this doctrine , maintained by the clergie , to be but problematicall ; and in taking vpon him to auouch , that catholikes of my kingdome are bound to yeeld me the honour of obedience . wheras on the other side he is not ignorant , how this doctrine of deposing princes and kings the pope holdeth for meerely necessarie , and approoueth not by any meanes allegiance to be performed vnto me by the catholikes of my kingdome . yea if credit may be giuen vnto the abridgement of his other oration published , wherein he parallels the popes power in receiuing honours in the name of the church , with the power of the venetian duke in receiuing honours in the name of that most renowned republike ; no meruaile that when this oration was dispatched to the presse , hee commaunded the same to be gelded of this clause and other like , for feare of giuing his holinesse any offensiue distast . his pleasure therefore was and content withall , that his oration imparted to the third estate , should bee put in print , and of his courtesie hee vouchsafed to addresse vnto mee a copy of the same . which after i had perused , i forthwith well perceiued , what and how great discrepance there is betweene one man that perorateth from the ingenuous and sincere disposition of a sound heart , and an other that flaunteth in flourishing speech with inward checkes of his owne conscience . for euery where he contradicts himselfe , and seemes to bee afraid least men should picke out his right meaning . first , he graunts this question is not hitherto decided by the holy scriptures , or by the decrees of the auncient church , or by the analogie of other ecclesiasticall proceedings : and neuerthelesse he confidently doth affirme , that whosoeuer maintaine this doctrine to be wicked and abhominable , that popes haue no power to put kings by their supreame thrones , they teach men to beleeue , there hath not beene any church for many ages past , and that indeede the church is the very synagogue of antechrist . secondly , hee exhorts his hearers to hold this doctrine at least for problematicall , and not necessarie : and yet herein he calls them to all humble submission vnto the iudgement of the pope and clergie , by whome the cause hath beene alreadie put out of all question , as out of all hunger and cold . thirdly , he doth auerre , in case this article be authorized , it makes the pope in good consequence to bee the antechrist : and yet he graunts that many of the french are tolerated by the pope to dissent in this point from his holinesse ; prouided , their doctrine be not proposed as necessarie , and materiall to faith . as if the pope in any sort gaue toleration to hold any doctrine contrarie to his owne , and most of all that doctrine which by consequence inferres himselfe to be the antechrist . fourthly , he protesteth forwardnesse to vndergoe the flames of martyrdome , rather then to signe this doctrine , which teacheth kings crowns to sit faster on their heads , then to be stirred by any papal power whatsoeuer : and yet saith withall , the pope winketh at the french , by his toleration to hold this dogmatical point for problematicall . and by this meanes , the martyrdome that he affecteth in this cause , will prooue but a problematicall martyrdome , whereof question might growe very well , whether it were to be mustered with grieuous crimes , or with phreneticall passions of the braine , or with deserued punishments . fiftly , hee denounceth anathema , dischargeth maledictions like haile-shot , against parricides of kings : and yet elsewhere he layes himselfe open to speake of kings onely so long as they stand kings . but who doth not know that a king deposed is no longer king ? and so that limme of satan , which murthered henrie iii. then vn-king'd by the pope , did not stabbe a king to death . sixtly , he doth not allowe a king to be made away by murder : and yet hee thinkes it not much out of the way , to take away all meanes whereby hee might be able to stand in defence of his life . seuenthly , he abhorreth killing of kings by apposted throat-cutting , for feare least bodie and soule should perish in the same instant : and yet he doth not mislike their killing in a pitcht field , and to haue them slaughtered in a set battaile . for he presupposeth , no doubt out of his charitable mind , that by this meanes the soule of a poore king so dispatched out of the way shall instantly flie vp to heauen . eightly , hee saith a king deposed retaineth still a certaine internall habitude and politike impression , by vertue and efficacie whereof hee may , being once reformed and become a new man , be restored to the lawfull vse and practise of regality . whereby hee would beare vs in hand , that when a forraine prince hath inuaded and rauenously seised the kingdome into his hands , he will not onely take pitty of his predecessor to saue his life , but will also prooue so kind-hearted , vpon sight of his repentance , to restore his kingdome without fraude or guile . ninthly , he saith euery where in his discourse , that he dealeth not in the cause , otherwise then as a problematicall discourser , and without any resolution one way or other : and yet with might and maine he contends for the opinion , that leaues the states and crownes of kings controulable by the pope : refutes obiections , propounds the authoritie of popes and councils , by name the lateran councill vnder innocent iii. as also the consent of the church . and to crosse the churches iudgment , is , in his opinion to bring in schisme , and to leaue the world without a church for many hundred yeares together : which ( to my vnderstanding ) is to speake with resolution , and without all hesitation . tenthly , he acknowledgeth none other cause of sufficient validitie for the deposing of a king , besides heresie , apostasie , and infidelitie : neuertheles that popes haue power to displace kings for heresie and apostasie , he prooueth by examples of kings whom the pope hath curbed with deposition , not for heresie , but for matrimoniall causes , for ciuill pretences , and for lacke of capacitie . eleuenthly , he alledgeth euerie where passages , as well of holy scripture as of the fathers and moderne histories ; but so impertinent , and with so little truth , as hereafter we shall cause to appeare , that for a man of his deepe learning and knowledge , it seemeth not possible so to speake out of his iudgement . lastly , whereas all this hath beene hudled and heaped together into one masse , to currie with the pope : yet he suffereth diuerse points to fall from his lips , which may well distast his holinesse in the highest degree . as by name , where he prefers the authoritie of the councill before that of the pope , and makes his iudgement inferiour to the iudgement of the french ; as in fit place hereafter shall be shewed . againe , where he representeth to his hearers the decrees of popes and councils alreadie passed concerning this noble subiect : and yet affirmes that he doth not debate the question , but as a questionist , and without resolution . as if a cardinall should be afraid to be positiue , and to speake in peremptory straines , after popes and councils haue once decided the question . or as if a man should perorate vpon hazard , in a cause for the honour whereof he would make no difficulty to suffer martyrdome . adde hereunto , that his lordshippe hath alwaies taken the contrary part heretofore , and this totall must needs arise , that before the third estate , his lippes looked one way , and his conscience another . all these points , by the discourse which is to followe , and by the ripping vp of his oration ( which by gods assistance j will vndertake ) tending to the reproach of kings , and the subuersion of kingdomes , i confidently speake it , shall be made manifest . yet doe i not conceiue it can any way make for my honour , to enter the lists against a cardinall . for j am not ignorant how far a cardinals hat , commeth vnder the crowne & scepter of a king. for wel i wot vnto what sublimity the scripture hath exalted kings , when it styles them gods : whereas the dignitie of a cardinall is but a late vpstart inuention of man ; as i haue elswhere prooued . but i haue imbarqued my selfe in this action , mooued thereunto ; first by the common interest of kings in the cause it selfe : then by the l. cardinal , who speaketh not in this oration as a priuate person , but as one representing the body of the clergie and nobilitie , by whom the cause hath beene wonne , and the garland borne away from the third estate . againe , by mine owne particular : because he is pleased to take me vp for a sower of dissention , and a persecutor , vnder whom the church is hardly able to fetch her breath ; yea , for one by whome the catholikes of my kingdome are compelled to endure all sorts of punishment : and withall he tearmes this article of the third estate , a monster with a fishes tayle that came swimming out of england . last of all , by the present state of france ; because fraunce beeing nowe reduced to so miserable tearmes , that it is nowe become a crime for a frenchman to stand for his king ; it is a necessary duty of her neighbours to speake in her cause , and to make triall whether they can put life into the truth now dying , and readie to bee buried by the power of violence , that it may resound and ring againe from remote regions . i haue no purpose once to touch many prettie toyes which the ridges of his whole booke are sowed withall . such are his allegations of pericles , agesilaus , aristotle , minos , the druides , the french ladies , hannibal , pindarus , and poeticall fables . all resembling the red and blew flowers that pester the corne when it standeth in the fields , where they are more noysome to the growing croppe , then beautifull to the beholding eye . such pettie matters , nothing at all beseemed the dignity of the assembly , and of the maine subiect , or of the orator himselfe . for it was no decorum to enter the stage with a pericles in his mouth , but with the sacred name of god : nor should he haue marshalled the passage of a royal poet , after the example of an heathen oratour . neither will i giue any touch to his conceit of the romane conquests , which the l. cardinall bestoweth in the list of gods graces and temporall blessings , as a recompence of their zeale to the seruice and worship of idols . as if god were a recompencer of wickednes , or as if the forcible eiecting of tenants out of their frames and other possessions , might bee reckoned among the blessings of god. nor to that of the milesian virgins , dragged starre-naked after they were dead ; which the l. cardinall drawes into his discourse for an example of the eternall torments denounced by the lawes ecclesiasticall , to be inflicted after this life . nor to his exposition of the word problematicall : where he giueth to vnderstand that by problematicall , he meaneth such things as are of no necessitie to matter of faith ; and in case men shall beleeue the contradictorie of the said points , they are not bound for such beleefe , to vndergoe the solemne curse of the church , and the losse of communion . whereas aristotle , of whom all schooles haue borrowed their tearmes , hath taught vs that euery proposition is called a probleme , when it is propounded in a formall doubt , though in it proper nature it containes a necessary truth , concerning the matter thereof . as for example , to say in forme of question , whether is there but one god ? or , whether is man a creature indued with reason ? by which examples it is plaine , that propositions in problematically forme , doe not forgoe the necessitie of their nature ; and that many times the contradictorie binds the beleeuers therof to anathema and losse of communion . there is a confused heape or bundle of otherlike toyes , which my purpose is to passe ouer in silence , that i may now come to cast anchor , as it were in the very bottome and substance of the cause . honi soit qvi mal y pense a remonstrance of the most gratiovs king of great brittaine , france , and ireland , defender of the faith , &c. for the right of kings , and the independencie of their crownes : against an oration of the most illustrious cardinall of perron , pronounced in the chamber of the third estate . the . of ianuar. . the l. cardinall euen in the first passage of his oration , hath laid a firme foundation , that ecclesiastics in france are more deepely obliged to the king , then the nobilitie , and third estate . his reason : because the clergie do sweetly enioy their dignities and promotions , with all their infinite wealth , of the kings meere grace , without all danger , and with faire immunities ; whereas the other two orders hold their offices by a chargeable and burdensome title or tenure , euen to the great expence of their blood , & of their substance . but see now , how loose and weake a frame he hath erected and pinned together , vpon his firme and solide foundation : ergo , the third estate is to lay all care to prouide remedies against apposted cut-throats , vpon the clergy : & the said remedies ( as he boldly affirms ) must be deriued from the laws of conscience , which may carry an effectuall acting or operatiue efficacie vpon the soule , & nor from ciuil or temporall punishments . now this consequence limpeth like a lame creple after the premises . for it is no vsuall & common matter , to see men that are deepest in obligation , performe their duties and couenants with most fidelity . againe , were it graunted the clergie had wel hitherto demonstrated their carefull watching ouer the life and honour of their prince ; yet is it not for spirituall punishments thundred by ecclesiastics , to bind the hands of the ciuill magistrate , nor to stop the current of temporall punishments : which ordinarily doe carrie a greater force and vertue to the bridling of the wicked , then the apprehension of gods iudgement . the third estate therefore , by whom all the officers of france are properly represented , as to whome the administration of iustice and protection of the kings rights and honour doth appertaine , can deserue no blame in carrying so watchfull an eye , by their wholesome remedie to prouide for the safetie of the king , and for the dignitie of his crowne . for if the clergie shall not stand to their tackle , but shrinke when it commeth to the push of their dutie ; who shall charge themselues with carefull foresight and preuention of mischiefes ? shall not the people ? now , haue not all the calamities , which the third estate haue sought prouidently to preuent ; haue they not all sprung from the clergie , as from their proper and naturall fountaine ? from whence did the last ciuill warres , wherein a world of blood was not more profusely then prodigiously and vnnaturally spilt , and wherein the parricide of king henrie iii. was impiously and abominably committed : from whence did those bloodie warres proceed , but from the deposing of the said king by the head of the church ? were they not prelats , curats , and confessours ; were they not ecclesiastics , who partly by seditious preachments , and partly by secret confessions , powred many a jarre of oyle vpon this flame ? was not he that killed the forenamed king , was not he one of the clergie ? was not guignard a iesuit ? was not iohn chastel brought vp in the same schoole ? did not ravaillac that monster of men , vpon interrogatories made at his examination ; among the rest , by whom he had been so diabolically tempted and stirred vp to his most execrable attempt and act of extreme horror : did not the referre his examiners to the sermons made the lent next before , where they might be satisfied concerning the causes of his abominable vndertaking and execution ? are not bellarmine , eudaemonoiohannes , suarez , becanus , mariana , with such other monsters , who teach the doctrine of parricides , vphold the craft of ianus-like equiuocations in courts of iustice , and in secret confessions : are they not all clerics ? are not all their bookes approoued and allowed , as it were by a corporation or grosse companie of doctors , with their signes manuel to the saide bookes ? what were the heads , the chiefe promoters , the complices of the powder-conspiracie in my kingdom ? were they not ecclesiastics ? hath not faux by name , a confederate of the same demned crew ; hath not he stoutly stood to the gunners part , which then he was to act in that most dolefull tragedie , with asseueration of a conscience well assured and setled , touching the lawfulnes of his enterprise ? did he not yeild this reason ? to wit , because he had beene armed with instruction of musket proofe in the case , before he made passage ouer from the low countries ? is it not also the generall beleefe of that order , that clerics are exempted from the condition of subiects to the king ? nay , is it not confessed by the l. cardinall himselfe , that king-killers haue ingaged themselues to vndertake the detestable act of parricide vnder a false credence of religion , as beeing instructed by their schoolemasters in religion ? and who were they but ecclesiasticall persons ? all this presupposed as matter of truth , i draw this conclusion : howsoeuer no smal number of the french clergie may perhaps beare the affection of louing subiects to their king , and may not suffer the clericall character to deface the impression of naturall allegiance ; yet , for so much as the order of clerics is dipped in a deeper die , and beareth a worse tincture of daungerous practises then the other orders ; the third estate had beene greatly wanting to their excellent prouidence and wisdome , if they should haue relinquished and transferred the care of designements and proiects for the life of their king , and the safetie of his crowne , to the clergie alone . moreouer , the clergie standeth bound to referre the iudgment of all matters in controuersie , to the sentence of the pope , in this cause beeing a partie , and one that pretendeth crownes to depend vpon his mitre . what hope then might the third estate conceiue , that his holinesse would passe against his own cause , when his iudgment of the controuersie had been sundrie times before published and testified to the world ? and whereas the plot or modell of remedies proiected by the third estate , and the kings officers , hath not prooued sortable in the euent : was it because the said remedies were not good and lawfull ? no verily : but because the clergie refused to become contributors of their duty & meanes to the grand seruice . likewise , for that after the burning of bookes , addressed to iustifie rebellious people , traytors , and parricides of kings ; neuerthelesse the authors of the said bookes are winked at , and backt with fauour . lastly , for that some wretched parricides drinke off the cuppe of publike iustice ; whereas to the firebrands of sedition , the sowers of this abominable doctrine , no man saith so much as blacke is their eye . it sufficiently appeareth , as i suppose , by the former passage , that his lordship exhorting the third estate to refer the whole care of this regall cause vnto the clergie , hath tacked his frame of weake ioynts and tenons to a very worthy but wrong foundation . howbeit , he laboureth to fortifie his exhortation with a more weak & feeble reason . for to make good his proiect he affirmes , that matters and maximes out of all doubt & question , may not be shuffled together with points in controuersy . now his rules indubitable are two : the first , it is not lawfull to murther kings for any cause whatsoeuer . this he confirmeth by the example of saul ( as he saith ) deposed from his throne , whose life or limbs dauid neuerthelesse durst not once hurt or wrong for his life . likewise he confirmes the same by a decree of the council held at constance . his other point indubitable . the kings of france are soueraignes in all temporall soueraigntie , within the french kingdome , and hold not by fealtie either of the pope , as hauing receiued or obliged their crownes vpon such tenure and condition , or of any other prince in the whole world . which point , neuerthelesse he takes not for certen and indubitable , but onely according to humane and historicall certentie . now a third point he makes to be so full of controuersie , and so farre within the circle of disputable questions , as it may not be drawne into the ranke of classicall and authenticall points , for feare of making a certen point doubtfull , by shuffling and jumbling therewith some point in controuersie . now the question so disputable , as he pretendeth , is this . a christian prince breakes his oath solemnly taken to god , both to liue and to die in the catholique religion . say this prince turnes arrian , or mahometan , fals to proclaime open warre , and to wage battel with iesus christ . whether may such a prince be declared to haue lost his kingdome , and who shall declare the subiects of such a prince to be quit of their oath of allegiance ? the l. cardinall holds the affirmatiue , and makes no bones to maintaine , that all other parts of the catholique church , yea the french church euen from the first birth of her theologicall schooles , to calvins time and teaching , haue professed that such a prince may be lawfully remooued from his throne by the pope , and by the council : and suppose the contrarie doctrine were the very quintessence or spirit of truth , yet might it not in case of faith be vrged and pressed otherwise then by way of problematicall disceptation . that is the summe of his lordsh ▪ ample discourse . the refuting whereof , i am constrained to put off , and referre vnto an other place ; because he hath serued vs with the same dishes ouer & ouer againe . there we shall see the l. cardinall maketh way to the dispatching of kings after deposition : that saul was not deposed , as he hath presumed : that in the council of constance there is nothing to the purpose of murthering soueraigne princes : that his lordship , supposing the french king may be depriued of his crowne by a superiour power , doth not hold his liege lord to be soueraigne in france : that by the position of the french church from age to age , the kings of france are not subiect vnto any censure of deposition by the pope : that his holinesse hath no iust and lawful pretence to produce , that any christian king holds of him by fealtie , or is obliged to doe the pope homage for his crowne . well then , for the purpose : he dwelleth onely vpon the third point pretended questionable , and this he affirmeth : if any shall condemne , or wrappe vnder the solemne curse , the abettors of the popes power to vnking lawfull and soueraigne kings ; the same shall runne vpon fowre dangerous rocks of apparant incongruities and absurdities . first , he shall offer to force and intangle the consciences of many deuout persons : for hee shall bind them to beleeue and sweare that doctrine , the contrary whereof is beleeued of the whole church , and hath beene beleeued by their predecessors . secondly , he shall ouerturne from top to bottome the sacred authoritie of holy church , and shall set open a gate vnto all sorts of heresie , by allowing lay-persons a bold libertie to be iudges in causes of religion and faith . for what is that degree of boldnesse , but open vsurping of the priesthood ; what is it but putting of prophane hands into the arke ; what is it but laying of vnholy fingers vpon the holy censor for perfumes ? thirdly , he shal make way to a schisme , not possible to be put by and auoided by any humane prouidence . for this doctrine beeing held and professed by all other catholicks ; how can we declare it repugnant vnto gods word ; how can we hold it impious ; how can we accompt it detestable , but we shall renounce communion with the head and other members of the church ; yea , we shall confesse the church in all ages to haue been the synagogue of satan , and the spouse of the deuill ? lastly , by working the establishment of this article , which worketh an establishment of kings crownes ; he shall not onely worke the intended remedy for the danger of kings , out of all the vertue and efficacie thereof , by weakening of doctrine out of all controuersie , in packing it vp with a disputable question ; but likewise in stead of securing the life and estate of kings , hee shall draw both into farre greater hazards , by the trayne or sequence of warres , and other calamities which vsually waite and attend on schismes . the l. cardinall spends his whole discourse in confirmation of these foure heads , which we now intend to sift in order , and demonstratiuely to prooue that all the said inconueniences are meere nullities , matters of imagination , and built vpon false presuppositions . but before we come to the maine , the reader is to be informed and aduertised , that his lordship setteth a false glosse vpon the question ; and propounds the case not onely contrary to the truth of the subiect in controuersie , but also to the popes owne minde and meaning . for he restrains the popes power to depose kings onely to cases of heresie , apostasie , and persecuting of the church ; whereas popes extend their power to a further distance . they depose princes for infringing , or in any sort diminishing the priuiledges of monasteries : witnesse gregorie the first in the pretended charter graunted to the abbay of s. medard at soissons , the said charter beeing annexed to his epistles in the rere . the same he testifieth in his epistle to senator , by name the . of the eleuenth booke . they depose for naturall dulnesse and lacke of capacitie , whether inbred and true indeed , or onely pretended and imagined : witnesse the glorious vaunt of gregorie vii . that childeric king of france was hoysted out of his throne by pope zacharie , not so much for his wicked life , as for his vnablenes to beare the weightie burden of so great a kingdome . they depose for collating of benefices and prebends : witnesse the great quarrells and sore contentions between pope innocent iii. and iohn king of england : as also betweene philip the faire and boniface viii . they depose for adulteries and matrimoniall suites : witnesse philip. . for the repudiating or casting off his lawfull wife bertha , and marrying in her place with bertrade wife to the earle of aniou . finally , faine would i learne into what heresie or degree of apostasie , either henrie iv. or freder . barbarossa , or frederic . emperours were fallen , when they were smitten with papall fulminations euen to the depriuation of their imperiall thrones . what ? was it for heresie or apostasie that pope martin iv. bare so hard a hand against peter king of arragon , that he acquitted and released the arragonnois from their oath of allegiance to peter their lawfull king ? was it for heresie or apostasie , for arrianisme or mahumetisme , that lewis xii . so good a king and father of his countrey , was put downe by iulius the ii ? was it for heresie or apostasie , that sixtus . vsurped a power against henrie iii. euen so farre as to denounce him vn-kingd ; the issue whereof was the parricide of that good king , and the most wofull desolation of a most flourishing kingdome ? but his lordship best liked to worke vpon that ground , which to the outward shew & appearance , is the most beautifull cause that can be alledged for the dishonouring of kings by the weapon of deposition : making himselfe to beleeue that he acted the part of an orator before personages not much acquainted with auncient and moderne histories , and such as little vnderstood the state of the question then in hand . it had therefore beene a good warrant for his lordship , to haue brought some authentical instrument from the pope , whereby the french might haue beene secured , that his holinesse renounceth all other causes auouchable for the degrading of kings ; and that he will henceforth rest in the case of heresie , for the turning of kings out of their free-hold : as also that his holinesse by the same or like instrument , might haue certified his pleasure , that he will not hereafter make himselfe iudge , whether kings be tainted with damnable heresie , or free from hereticall infection . for that were to make himselfe both iudge and plaintiffe , that it might be in his power to call that doctrine heretical , which is pure orthodoxe : and all for this ende , to make himselfe master of the kingdome , and there to settle a successor , who receiuing the crowne of the popes free gift and graunt , might be tyed thereby to depend altogether vpon his holines . hath not pope boniface viii . declared in his proud letters all those to be heretickes , that dare vndertake to affirme , the collating of prebends appertaineth to the king ? it was that popes grosse error , not in the fact , but in the right . the like crime forsooth was by popes imputed to the vnhappie emperour henrie iv. and what was the issue of the said imputation ? the sonne is instigated thereby to rebell against his father , and to impeach the interment of his dead corps , who neuer in his life had beate his braines to trouble the sweet waters of theologicall fountaines . it is recorded by auentine , that bishop virgilius was declared heretique , for teaching the position of antipodes . the bull exurge , marching in the rere of the last lateran council , sets downe this position for one of luthers heresies , a new life is the best repentance . among the crimes which the council of constance charged pope iohn xxiii . withall , one was this : that hee denied the immortalitie of the soule , and that so much was publiquely , manifestly , and notoriously knowne . now if the pope shall bee carried by the streame of these or the like errors , and in his hereticall prauitie shall depose a king of the contrary opinion , i shall hardly bee perswaded , the said king is lawfully deposed . the first inconvenience examined . the first inconuenience growing ( in the cardinall his conceit ) by entertaining the article of the third estate ( whereby the kings of france are declared to be indeposeable by any superiour power spirituall or temporall ) is this : it offereth force to the conscience , vnder the penaltie of anathema , to condemne a doctrine beleeued and practised in the church , in the continuall current of the last eleuen hundred yeares . in these words he maketh a secret confession , that in the first fiue hundred yeeres , the same doctrin was neither apprehended by faith , nor approoued by practise . wherein , to my vnderstanding , the l. cardinall voluntarily giueth ouer the suite . for the church in the time of the apostles , their disciples , and successors , for . yeares together , was no more ignorant what authoritie the church is to challenge ouer emperours and kings , then at any time since in any succeeding age : in which as pride hath still flowed to the height of a full sea , so puritie of religion and manners hath kept for the most part at a lowe water-marke . which point is the rather to be considered , for that during the first . yeres , the church groned vnder the heauy burthen , both of heathen emperours , and of hereticall kings ; the visigot kings in spaine , and the vandals in affrica . of whose displeasure the pope had small reason or cause to stand in any feare , beeing so remote from their dominions , and no way vnder the lee of their soueraigntie . but let vs come to see , what aide the l. cardinall hath amassed and piled together out of later histories : prouided wee still beare in mind , that our question is not of popular tumults , nor of the rebellion of subiects making insurrections out of their owne discontented spirits and brain-sicke humors , nor of lawfull excommunications , nor of canonicall censures and reprehensions ; but onely of a iuridicall sentence of deposition , pronounced by the pope , as armed with ordinary and lawfull power to depose , against a soueraigne prince . now then ; the l. cardinall sets on , and giues the first charge with anastasius the emperour , whome euphemius patriarke of constantinople would neuer acknowledge for emperour : ( that is to say , would neuer consent he should be created emperour by the help of his voice or suffrage ) except he would first subscribe to the chalcedon creed : notwithstanding the great empresse and senate sought by violent courses and practises to make him yeeld . and when afterward the said emperour , contrary to his oath taken , played the relaps by falling into his former heresie , and became a persecutor ; he was first admonished , and then excommunicated by symmachus bishop of rome . to this the l. cardinall addes , that when the said emperour was minded to choppe the poison of his hereticall assertions into the publique formes of diuine seruice , then the people of constantinople made an vproare against anastasius their emperour ; and one of his commanders by force of armes , constrained him to call backe certaine bishops whome he had sent into banishments before . in this first example the l. cardinall by his good leaue , neither comes close to the question , nor salutes it a farre off . euphemius was not bishop of rome : anastasius was not deposed by euphemius ; the patriarch onely made no way to the creating of anastasius . the suddaine commotion of the base multitude makes nothing , the rebellion of a greeke commaunder makes lesse , for the authorizing of the pope to depose a soueraigne prince . the greek emperour was excommunicated by pope symmachus : who knowes whether that be true or forged ? for the pope himselfe is the onely witnesse here produced by the lord cardinall vpon the point : and who knowes not how false , how suppositious , the writings and epistles of the auncient popes are iustly esteemed ? but graunt it a truth ; yet anastasius excommunicated by pope symmachus , is not anastasius deposed by pope symmachus . and to make a full answer , i say further , that excommunication denounced by a forraine bishop , against a party not beeing within the limits of his iurisdiction , or one of his owne flock , was not any barre to the party from the communion of the church , but onely a kind of publication , that he the said bishop in his particular , would hold no further communion with any such party . for proofe whereof , i produce the canons of the councils held at carthage . in one of the said canons it is thus prouided and ordained ; * if any bishop shall wilfully absent himselfe from the vsual and accustomed synodes , let him not be admitted to the communion of other churches , but let him onely vse the benefit and libertie of his owne church . in an other of the same canons thus ; * if a bishop shall insinuate himselfe to make a conueiance of his monasterie , and the ordering thereof vnto a monke of any other cloister ; let him be cut off , let him bee separated from the communion with other churches , and content himselfe to liue in the communion of his owne flocke . in the same sense hilarius bishop of poictiers excommunicated liberius bishop of rome , for subscribing to the arrian confession . in the same sense , iohn bishop of antioch excommunicated caelestine of rome , and cyrill of alexandria , bishops ; for proceeding to sentence against nestorius , without staying his comming to answer in his owne cause . in the same sense likewise , victor bishop of rome did cut off all the bishops of the east , not from the communion of their owne flocks , but from communion with victor and the romane church . what resemblance , what agreement , what proportion , betweene this course of excommunication , and that way of vniust fulmination which the popes of rome haue vsurped against kings , but yet certaine long courses of time after that auncient course ? and this may stand for a full answer likewise to the example of clotharius . this auncient king of the french , fearing the censures of pope agapetus , erected the territorie of yuetot vnto the title of a kingdome , by way of satisfaction for murdering of gualter , lord of yuetot . for this example the l. cardinall hath ransackt records of . yeeres antiquitie and vpward ; in which times it were no hard peice of worke to shewe , that popes would not haue any hand , nor so much as a finger in the affaires and acts of the french kings . gregorie of tours that liued in the same age , hath recorded many acts of excesse , and violent iniuries done against bishops by their kings , and namely against praetextatus bishop of roan ; for any of which iniurious prankes then plaied , the bishop of rome durst not reproue the said kings with due remonstrance . but see here the words of gregory himselfe to king chilperic : if any of vs , o king , shall swarue from the path of iustice , him thou hast power to punish : but in case thou shalt at any time transgresse the lines of equitie , who shall once touch thee with reproofe ? to thee we speake , but are neuer heeded and regarded , except it be thy pleasure : and be thou not pleased , who shal challenge thy greatnes , but he that iustly challengeth to be iustice it selfe ? the good bishop , notwithstanding these humble remonstrances , was but roughly entreated , and packt into exile , beeing banished into the isle of gernseye . but i am not minded to make any deepe search or inquisition , into the titles of the lords of yuetot : whose honourable priuiledges and titles are the most honourable badges and cognizances of their ancestors , and of some remarquable seruice done to the crowne of france : so farre i take them to differ from a satisfaction for sinne . and for the purpose i onely affirme , that were the credit of this historie beyond all exception , yet makes it nothing to the present question , wherein the power of deposing , and not of excommunicating , supreme kings is debated . and suppose the king by charter granted the said priuiledges for feare of excommunication ; how is it prooued thereby , that pope agapetus had lawfull and ordinarie power to depriue him of his crowne ? nay , doubtlesse it was rather a meanes to eleuate and aduance the dignitie of the crowne of france , and to style the french king , a king of kings , as one that was able to giue the qualitie of king , to all the rest of the nobles and gentrie of his kingdome . doth not some part of the spanish kings greatnesse , consist in creating of his great ? in the next place followeth gregorie i. who in the . epistle of the . booke , confirming the priuiledges of the hospital at augustodunum in bourgongne , prohibiteth all kings and prelates whatsoeuer , to infringe or diminish the said priuiledges , in whole or in part . his formall and expresse words be these : if any king , prelate , iudge , or any other secular person , informed of this our constitution , shall presume to go or do contrary thereunto , let him be cast downe from his power and dignitie . i answer ; the lord cardinal here wrongs himselfe very much , in taking imprecations for decrees . might not euen the meanest of the people vse the same tenour of words , and say ? if any shall touch the life , or the most sacred maiestie of our kings , be he emperour , or be hee pope , let him be accursed ; let him fall from his eminent place of authoritie , let him lose his dignity ; let him tumble into beggarie , diseases , and all kinds of calamities ? i forbeare to shewe how easie a matter it is for monkes , to forge titles after their owne humour , and to their owne liking , for the vpholding and maintaining of their priuiledges . as for the purpose , the same gregorie citeth in the end of his epistles an other priuiledge , of the like stuffe and stamp to the former , granted to the abbey of s. medard at soissons . it is fenced with a like clause to the other . but of how great vntruth , and of how little weight it is , the very date that it beareth makes manifest proofe : for it runnes , dated the yeare of our lords incarnation . the . indiction ; whereas the . indiction agreeth to the yeare . besides , it was not gregories manner to date his epistles according to the yeare of the lord. againe , the said priuiledge was signed by the bishops of alexandria and carthage , who neuer knew ( as may wel be thought ) whether any such abbey of s. medard , or citie of soissons , was euer built in the world . moreouer , they signed in the thickest of a crowde as it were of italian bishops . lastly , he that shall read in this gregories epistles , with what spirit of reuerence and humilitie hee speaketh of emperours , will hardly beleeue that euer he armed himselfe with authoritie to giue or to take away kingdomes . he styles himselfe * the emperours vnworthie seruant : presuming to speake vnto his lord , when hee knowes himselfe to bee but dust and a very worme . hee professeth subiection vnto the emperours commaunds , euen to the publishing of a certaine law of the emperours , which in his iudgement somewhat iarred and iustled with gods lawe : as elsewhere i haue spoken more at large . the l. cardinall next bringeth vpon the stage iustinian . he , beeing in some choller with sergius bishop of rome , because he would not fauour the erroneous synode of canstantinople , would haue caused the bishop to bee apprehended by his constable zacharias . but by the romane militia , ( that is , the troupes which the emperour then had in italie ) zacharias was repulsed and hindered from his designe , euen with opprobrious & reproachfull tearmes . his lordship must haue my shallownes excused , if i reach not his intent by this allegation ; wherein i see not one word of deposing from the empire , or of any sentence pronounced by the pope . here are now . yeares expired after the birth of iesus christ : in all which long tract of time , the l. cardinal hath not light vpon any instance , which might make for his purpose with neuer so little shew . for the example of the emperour philippicus , by the cardinal alledged next in sequence , belongeth to the yeare . and thus lies the historie : this emperour philippicus bardanes , was a professed enemie to the worshipping of images , and commanded them to be broken in peices . in that verie time the romane empire was ouerthrown in the west , and sore shaken by the saracens in the east . beside those miseries , the emperour was also incumbred with a ciuil and intestine warre . the greatest part of italie was then seized by the lombards , and the emperour in italie had nothing left saue onely the exarchat of rauenna , and the dutchie of rome , then halfe abandoned by reason of the emperours want of forces . pope constantine gripes this occasion whereon to ground his greatnesse , and to shake off the yoke of the emperour his lord : vndertakes against philippicus the cause of images : by a council declares the emperour heretique ▪ prohibites his rescripts or coine to be receiued , and to goe currant in rome : forbids his imperiall statue to bee set vp in the temple , according to auncient custome : the tumult groweth to a height : the pope is principall promoter of the tumult : in the heate of the tumult the exarche of rauenna looseth his life . here see now the mutinie of a subiect against his prince , to pull from him by force and violence a citie of his empire . but who seeth in all this any sentence of deposition from the imperial dignity ? nay , the pope then missed the cushion , and was disappointed vtterly of his purpose . the cittie of rome stood firme , and continued still in their obedience to the emperour . about some . yeeres after , the emperour leo isauricus ( whome the lord of perron calleth iconoclast ) falles to fight it out at sharpe , and to prosecute worshippers of images with all extremitie . vpon this occasion , pope gregorie . then treading in the steps of his predecessor , when he perceiued the citie of rome to be but weakly prouided of men or munition , and the emperour to haue his hands full in other places , found such meanes to make the citie rise in rebellious armes against the emperour , that he made himselfe in short time master thereof . thus far the l. card. wherunto my answer for satisfaction is ; that degrading an emperour from his imperiall dignitie , and reducing a citie to reuolt against her master , that a man at last may carrie the peice himselfe , and make himselfe lord thereof , are two seuerall actions of speciall difference . if the free-hold of the citie had beene conueied to some other by the pope depriuing the emperour , as proprietarie thereof , this example might haue challenged some credit at least in shew : but so to inuade the citie to his owne vse , and so to seize on the right and authority of another , what is it but open rebellion , and notorious ambition ? for it is farre from ecclesiasticall censure , when the spirituall pastor of soules forsooth , pulles the cloake of a poore sinner from his backe by violence , or cuts his purse , and thereby appropriates an other mans goods to his priuate vse . it is to be obserued withall , that when the emperours were not of sufficient strength , and popes had power to beard and to braue emperours , then these papall practises were first set on foot . this emperour notwithstanding , turned head and peckt againe : his lieutenant entred rome , and gregorie . successor to this gregorie . was glad to honour the same emperour with style and title of his lord : witnes two seueral epistles of the said gregory . written to boniface , and subscribed in this forme : dated the tenth calends of december : in the raigne of our most pious and religious lord , angustus leo , crowned of god , the great emperour , in the tenth yeare of his raigne . the l. cardinall with no lesse abuse alleadgeth pope zacharie , by whome the french , as he affirmeth , were absolued of the oath of allegiance , wherein they stood bound to childeric their king. and for this instance , he standeth vpon the testimonie of paulus aemilius , and du tillet , a paire of late writers . but by authors more neere that age wherein childeric raigned , it is more truely testified , that it was a free and voluntarie act of the french , onely asking the aduise of pope zacharie , but requiring neither leaue nor absolution . ado bishop of vienna , in his chronicles hath it after this manner : the french , following the counsell of embassadors , and of pope zachary , elected pepin their king , and established him in the kingdome . trithemius in his abridgement of annals , thus : childeric , as one vnfit for gouernement , was turned out of his kingdome , with common consent of the estates and peeres of the realme , so aduised by zacharie pope of rome . godfridus of viterbe in the . part of his chronicle ; and guaguin in the life of pepin , affirme the same . and was it not an easie matter to worke pepin by counsell to lay hold on the kingdome , when he could not be hindered from fastening on the crowne , and had already seizd it in effect , howsoeuer he had not yet attained to the name of king ? moreouer , the rudenesse of that nation , then wanting knowledge and schooles either of diuinitie , or of academicall sciences , was a kind of spurre to make them runne for counsell ouer the mountaines : which neuerthelesse in a cause of such nature , they required not as necessary , but onely as decent and for fashion sake . the pope also for his part was well appaied , by this meanes to drawe pepin vnto his part ; as one that stood in some need of his aide against the lombards ; and the more , because his lord the emperour of constantinople was then brought so low , that he was not able to send him sufficient aide , for the defence of his territories against his enemies . but had zacharie ( to deale plainely ) not stood vpon the respect of his owne commoditie , more then vpon the regard of gods feare ; he would neuer haue giuen counsel vnto the seruant , vnder the pretended colour of his masters dull spirit , so to turne rebell against his master . the lawes prouide gardians , or ouerseers , for such as are not well in their wits ; they neuer depriue and spoile them of their estate : they punish crimes , but not diseases and infirmities by nature . yea , in france it is a very auncient custome , when the king is troubled in his wittes to establish a regent , who for the time of the kings disability , may beare the burden of the kingdomes affaires . so was the practise of that state in the case of charles . when he fell into a phrensie ; whome the pope notwithstanding his most grieuous and sharpe fits , neuer offered to degrade . and to be short , what reason , what equity will beare the children to be punished for the fathers debilitie ? yet such punishment was laid vpon childerics whole race and house ; who by this practise were all disinherited of the kingdome . but shall wee now take some viewe , of the l. cardinals excuse for this exemplarie fact ? the cause of childerics deposing , ( as the l. cardinal saith ) did neerly concerne and touch religion . for childerics imbecillitie brought all france into danger , to suffer a most wofull shipwracke of christian religion , vpon the barbarous and hostile inuasion of the saracens . admit now this reason had beene of iust weight and value , yet consideration should haue been taken , whether some one or other of that royallstemme , and of the kings owne successors neerest of blood , was not of better capacitie to rule and mannage that mightie state. the feare of vncertaine and accidentall mischiefe , should not haue driuen them to slie vnto the certain mischiefe of actuall and effectuall deposition . they should rather haue set before their eies the example of charles martel , this pepins father ; who in a farre more eminent danger , when the saracens had already mastered , and subdued a great part of france , valiantly encountred , and withall defeated the saracens ; ruled the kingdome vnder the title of steward of the kings house , the principall officer of the crowne ; without affecting or aspiring to the throne for all that great steppe of aduantage , especially when the saracens were quite broken , and no longer dreadfull to the french nation . in our owne scotland , the sway of the kingdome was in the hand of walles , during the time of bruse his imprisonment in england , who then was lawfull heire to the crowne . this walles or vallas had the whole power of the kingdome at his beck and command . his edicts and ordinances to this day stand in full force . by the deadly hatred of bruse his mortall enemie , it may be coniectured , that hee might haue beene prouoked and inflamed with desire to trusse the kingdome in his talants . and notwithstanding all these incitements , hee neuer assumed or vsurped other title to himselfe , then of gouernour or administrator of the kingdome . the reason . hee had not beene brought vp in this newe doctrine and late discipline , whereby the church is endowed with power to giue and to take away crownes . but now ( as the l. cardinall would beare the world in hand ) the state of kings is brought to a very dead lift . the pope forsooth must send his phisitians , to know by way of inspection or some other course of art , whether the kings braine be crackt or found : and in case there be found any debility of wit and reason in the king , then the pope must remooue and translate the crowne , from the weaker braine to a stronger : and for the acting of the stratageme , the name of religion must be pretended . ho , these heretikes beginne to crawle in the kingdome : order must bee taken they be not suffered by their multitudes and swarmes , like locusts or caterpillars to pester and poison the whole realme . or in a case of matrimonie , thus : ho , marriage is a sacrament : touch the order of matrimonie , and religion is wounded . by this deuise not onely the kings vices , but likewise his naturall diseases and infirmities are fetcht into the circle of religion ; and the l. cardinal hath not done himselfe right , in restraining the popes power to depose kings , vnto the cafes of heresie , apostasie , and persecution of the church . in the next place followeth leo iii. who by setting the imperiall crowne vpon the head of charles , absolued all the subiects in the west , of their obedience to the greeke emperours , if the l. of perron might be credited in this example . but indeed it is crowded among the rest by a slie tricke , and cleane contrary to the naked truth of all histories . for it shall neuer bee iustified by good historie , that so much as one single person or man ( i say not one country , or one people ) was then wrought or wonne by the pope , to change his copy and lord , or from a subiect of the greeke emperours , to turne subiect vnto charlemayne . let me see but one towne that charlemayne recouered from the greeke emperours , by his right and title to his empire in the west : no , the greeke emperours had taken their farwell of the west empire long before . and therefore to nick this vpon the tallie of pope leo his acts , that hee tooke away the west from the greeke emperour , it is euen as if one should say , that in this age the pope takes the dukedome of milan from the french kings , or the citie of rome from the emperours of germany , because their predecessors in former ages had beene right lords and gouernours of them both . it is one of the popes ordinary and solemne practises to take away , much after the manner of his giuing . for as he giueth what he hath not in his right and power to giue , or bestoweth vpon others what is alreadie their owne : euen so he taketh away from kings and emperors the possessions which they haue not in present hold and possession . after this manner he takes the west from the greeke emperours , when they hold nothing in the west , and lay no claime to any citie or towne of the west empire . and what shall we call this way of depriuation , but spoyling a naked man of his garments , and killing a man alreadie dead ? true it is , the imperiall crowne was then set on charlemaynes head by leo the pope : did leo therefore giue him the empire ? no more then a bishop that crownes a king , at his royall and solemne consecration doth giue him the kingdome . for shal the pope himselfe take the popedome from the bishop of ostia as of his gift , because the crowning of the pope is an office of long time peculiar to the ostian bishop ? it was the custome of emperours , to be crowned kings of italy by the hands of the archbishop of milan : did he therefore giue the kingdome of italy to the said emperours ? and to returne vnto charlemayne ; if the pope had conueied the empire to him by free and gratious donation , the pope doubtlesse in the solemnity of his coronation , would neuer haue performed vnto his owne creature , an emperour of his owne making , the duties of adoration , as ado that liued in the same age hath left it on record : after the solemne praises ended ( saith ado ) the cheife bishop honoured him with adoration , according to the custome of auncient princes . the same is likewise put downe by auentine , in the . booke of his annals of bauaria . the like by the president fauchet in his antiquities : and by mons. petau councellor in the court of parliament at paris , in his preface before the chronicles of eusebius , hierome , and sigebert . it was therefore the people of rome that called this charles the great vnto the imperiall dignitie , and cast on him the title of empeerour . so testifieth sigebert vpon the yeere . all the romanes with one generall voice and consent , ring out acclamations of imperiall praises to the emperour , they crowne him by the hands of leo the pope , they giue him the style of caesar and augustus . marianus scotus hath as much in effect : charles was then called augustus by the romanes . and so platina . after the solemne seruice , leo declareth and proclameth charles emperour , according to the publike decree and generall request of the people of rome . aventine , and sigonius in his . booke of the kingdome of italie witnes the same . neuerthelesse to gratifie the l. cardinall : suppose pope leo dispossessed the greeke emperours of the west empire . what was the cause ? what infamous act had they done ? what prophane and irreligious crime had they committed ? nicephorus and irene , who raigned in the greeke empire in charlemaynes time , were not reputed by the pope , or taken for heretikes . how then ? the l. cardinall helpeth at a pinch , and putteth vs in minde , that constantine and leo , predecessors to the said emperours , had beene poysoned with heresie , and stained with persecution . here then behold an orthodoxe prince deposed . for what cause ? for heresie forsooth , not in himselfe but in some of his predecessors long before . an admirable case . for i am of a contrary minde , that he was worthy of double honour , in restoring and setting vp the truth againe , which vnder his predecessors had indured oppression , and suffered persecution . doubtlesse pope siluester was greatly ouerseene , and plaied not well the pope , when he winked at constantine the great , and cast him not downe from his imperiall throne , for the strange infidelitie and paganisme of diocletian , of maximian , and maxentius , whome constantine succeeded in the empire . from this example the l. of perron passeth to fulke archbishop of reims : by whome charles the simple was threatned with excommunication , and refusing to continue any longer in the fidelity and allegiance of a subiect . to what purpose is this example ? for who can be ignorant , that all ages haue brought forth turbulent and stirring spirits , men altogether forgetfull of respect and obseruance towards their kings , especially when the world finds them shallow and simple-witted , like vnto this prince ? but in this example , where is there so much as one word of the pope , or the deposing of kings ? here the l. cardinall chops in the example of philip . king of france , but mangled , and strangely disguised , as hereafter shall be shewed . at last he leadeth vs to gregory vii . surnamed hildebrand , the scourge of emperours , the firebrand of warre , the scorne of his age . this pope , after he had ( in the spirit of pride , and in the very height of all audaciousnesse ) thundred the sentence of excommunication and deposition , against the emperour henry . after he had enterprised this act without all precedent example : after hee had filled all europe with blood : this pope , i say , sunke downe vnder the weight of his affaires , and died as a fugitiue at salerne , ouerwhelmed with discontent and sorrowe of heart . here lying at the point of giuing vp the ghoast , calling vnto him ( as it is in sigebert ) a certaine cardinall whome hee much fauoured , he confesseth to god , and saint peter , and the whole church , that he had beene greatly defectiue in the pastor all charge cōmitted to his care ; and that by the deuills instigation , he had kindled the fire of gods wrath and hatred against mankind . then he sent his confessor to the emperour , and to the whole church to pray for his pardon , because hee perceiued that his life was at an end . likewise cardinal benno that liued in the said gregories time , doth testifie , that so soone as he was risen out of his chaire to excommunicate the emperour from his cathedrall seate : by the will of god the said cathedrall seate , new made of strong board or plancke , did cracke and cleaue into many peices or parts : to manifest how great and terrible schismes had beene sowed against the church of christ , by an excommunication of so dangerous consequence , pronounced by the man that had sit iudge therein . now to bring and alleadge the example of such a man , who by attempting an act which neuer any man had the heart or face to attempt before , hath condemned all his predecessors of cowardise , or at least of ignorance ; what is it else , but euen to send vs to the schoole of mighty robbers , and to seeke to correct and reforme ancient vertues by late vices . which otho frisingensis calling into his owne priuate consideration , he durst freely professe , that he had not reade of any emperour before this henrie the . excommunicated or driuen out of his imperiall throne and kingdome by the cheife bishop of rome . but if this quarrell may bee tryed and fought out with weapons of examples , i leaue any indifferent reader to iudge what examples ought in the cause to be of cheifest authoritie and weight : whether late examples of kings deposed by popes , for the most part neuer taking the intended effect ; or auncient examples of popes actually and effectually thrust out of their thrones by emperous and kings . the emperour constantius expelled liberius bishop of rome out of the citie , banished him as farre as beroe , and placed foelix in his roome . indeed constantius was an arrian , and therein vsed no lesse impious then vniust proceeding . neuertheles the auncient fathers of the church , do not blame constantius for his hard and sharpe dealing with a cheife bishop , ouer whom he had no lawfull power , but onely as an enemie to the orthodoxe faith , and one that raged with extreame rigor of persecution against innocent beleeuers . in the raigne of valentinian the . and yeare of the lord . the contention between damasus and vrsicinus competitors for the bishoppricke , filled the cittie of rome with a bloody sedition , in which were wickedly and cruelly murdered . persons . to meete with such turbulent actions , honorius made a law extant in the decretalls , the words whereof be these ; if it shall happen henceforth by the temeritie of competitors , that any two bishops be elected to the see , wee straitly charge and command , that neither of both shall sit in the said , see. by vertue of this law , the same honorius in the yere . expelled bonifacius and eulalius , competitors and antipopes out of rome , though not long after he reuoked bonifacius , and settled him in the papall see. theodoric the goth king of italie , sent iohn bishop of rome embassador to the emperour iustinian , called him home againe , and clapt him vp in the close prison , where hee starued to death . by the same king , peter bishop of altine was dispatched to rome , to heare the cause and examine the processe of pope symmachus , then indited and accused of sundry crimes . king theodatus about the yeare . had the seruice of pope agapetus , as his embassadour to the emperour iustinian , vpon a treatie of peace . agapetus dying in the time of that seruicc , syluerius is made bishop by theodatus . not long after , syluerius is driuen out by belisarius the emperour his lieutenant , and sent into banishment . after syluerius next succeedeth vigilius , who with currant coine purchased the popedome of belisarius . the emperour iustinian sends for vigilius to constantinople , and receiues him there with great honour . soone after , the emperour takes offence at his freenesse in speaking his mind , commands him to be beaten with stripes in manner to death , and with a roape about his necke to be drawne through the city like a theife , as platina relates the historie . nicephorus in his . booke , and . chapter , comes very neere the same relation . the emperour constantius , in the yere . caused pope martin to be bound with chains , & banished him into chersonesus , where he ended his life . the popes in that age writing to the emperors , vsed none but submissiue tearmes , by way of most humble supplications ; made profession of bowing the knee before their sacred maiesties , and of executing their commaunds with entire obedience ; payed to the emperours twenty pound weight of gold for their inuestiture ; which tribute was afterward released and remitted , by constantine the bearded , to pope agatho , in the yere . as i haue obserued in an other place . nay further , euen when the power and riches of the popes was growne to great height , by the most profuse and immense munificence of charlemayne and lewis his sonne ; the emperours of the west did not relinquish and giue ouer the making and vnmaking of popes , as they saw cause . pope ' adrian . willingly submitted his necke to this yoke : and made this law to be passed in a council , that in charlemain should rest all right and power for the popes election , and for the gouernement of the papall see. this constitution is inserted in the decretals , dist . . can. * hadrianus , and was confirmed by the practise of many yeeres . in the yeare of the l. . the emperour otho tooke away the popedom from iohn . and placed leo . in his roome . in like manner , iohn . gregorie . and siluester . were seated in the papal throne by the othos . the emperour henrie . in the yeere . deposed three popes , namely , benedict . siluester . and gregorie . whom platina doth not sticke to call , three most detestable and vile monsters . this custome continued , this practise stood in force for diuers ages , euen vntill the times of gregorie . by whome the whole west was tossed and turmoiled with lamentable warres , which plagued the world , and the empire by name with intolerable troubles and mischiefes . for after the said gregorian wars , the empire fell from bad to worse , and so went on to decay , till emperours at last were driuen to begge , and receiue the imperiall crowne of the pope . the kingdome of france met not with so rude entreatie , but was dealt withall by courses of a milder temper . gregorie . about the yere of the lord . was the first pope that perswaded himselfe to vse the censure of excommunication against a king of france . this pope hauing a hand in the troublesome factions of the realme , was nothing backward to side with the sonnes of lewis , surnamed the courteous , by wicked conspiracy entring into a desperate course and complot against lewis their owne father : as witnesseth sigebert in these words , pope gregorie comming into france , ioyned himselfe to the sonnes against the emperour their father . but annals of the verie same times ; and he that furbushed aimonius , a religious of s. benedicts order , do testifie , that all the bishops of france fell vpon this resolution ; by no meanes to rest in the popes pleasure , or to giue any place vnto his designe : and contrariwise , in case the pope should proceed to excommunication of their king , he should returne out of fraunce to rome an excommunicate person himself . the chronicle of s. denis hath words in this forme : the lord apostolicall returned answer , that he was not come into fraunce for any other purpose , but onely to excommunicate the king and his bishops , if they would be in any sort opposite vnto the sonnes of lewis , or disobedient vnto the will and pleasure of his holinesse . the prelats enformed hereof made answer , that in this case they would neuer yeeld obedience to the excommunication of the said bishops : because it was contrarie to the authority and aduise of the auncient canons . after these times , pope nicholas , . depriued king lotharius of communion ( for in those times not a word of deposing ) to make him repudiate or quit valdrada , and to resume or take again thetberga his former wife . the articles framed by the french vpon this point , are to be found in the writings of hincmarus archbishop of reims , and are of this purport ; that in the iudgement of men both learned and wise , it is an ouerruled case , that as the king whatsoeuer he shall doe , ought not by his own bishops to be excommunicated , euen so no forraine bishop hath power to sit for his iudge : because the king is to be subiect onely vnto god , and his imperiall authoritie , who alone had the al-sufficient power to settle him in his kingdome . moreouer , the clergie addressed letters of answer vnto the same pope , full of stinging and bitter tearms , with speaches of great scorne and contempt , as they are set downe by auentine in his annals of bauaria , not forbearing to call him theife , wolfe , and tyrant . when pope hadrian tooke vpon him like a lord , to commaund charles the bald vpon paine of interdiction , that hee should suffer the kingdome of lotharius to be fully and entirely conueied and conferred vpon lewis his sonne ; the same hinemarus , a man of great authoritie and estimation in that age , sent his letters containing sundrie remonstrances touching that subiect . among other matters thus he writeth , the ecclesiastics and seculars of the kingdom assembled at reims , haue affirmed and now do affirme by way of reproach , vpbrading , & exprobation , that neuer was the like mandate sent before from the see of rome to any of our predecessors . and a little after : the cheife bishops of the apostolike see , or any other bishops of the greatest authoritie and holinesse , neuer withdrew themselues from the presence , from the reuerend salutation , or from the conference of emperours and kings , whether hereticks , or schismiticks and tyrants : as constantius the arrian , julianus the apostata , and maxmius the tyrant . and yet a little after ; wherefore if the apostolicke lord be minded to seeke peace , let him seeke it so , that hee stirre no brawles , and breed no quarrels . for we are no such babes to beleeue , that wee can or euer shall attaine to gods kingdome , vnlesse we receiue him for our king in earth , whom god himselfe recommendeth to vs from heauen . it is added by hincmarus in the same place , that by the said bishops and lords temporall , such threatning words were blowne forth , as he is afraid once to speake and vtter . as for the king himselfe , what reckoning he made of the popes mandates , it appeareth by the kings owne letters addressed to pope hadrianus , as we may reade euery where in the epistles of hincmarus . for there , after king charles hath taxed and challenged the pope of pride , and hit him in the teeth with a spirit of vsurpation , he breaketh out into these words : what hell hath cast vp this lawe so crosse and preposterous ? what infernall gulph hath disgorged this law out of the darkest and obscurest dennes ? a law quite contrarie and altogether repugnant vnto the beaten way shewed vs in the holy scriptures , &c. yea , he flatly and peremptorily forbids the pope , except he meane or desire to be recompenced with dishonour and contempt , to send any more the like mandates , either to himselfe , or to his bishops . vnder the raigne of hugo capetus and robert his sonne , a council now extant in all mens hands , was held and celebrated at reims by the kings authority . there arnulphus bishop of orleans , then prolocutor and speaker of the council , calls the pope antichrist , and lets not also to paint him forth like a monster : as well for the deformed and vgly vices of that vnholy see , which then were in their exaltation , as also because the pope then won with presents , and namely with certaine goodly horses , then presented to his holinesse , tooke part against the king , with arnulphus bishop of reims , then dispossed of his pastorall charge . when philip . had repudiated his wife bertha , daughter to the earle of holland , and in her place had also taken to wife bertrade the wife of fulco earle of aniou yet being aliue ; he was excommunicated , and his kingdom interdicted by vrbanus then pope , ( though he was then bearded with an antipope ) as the l. cardinal here giueth vs to vnderstand . but his lordship hath skipt ouer two principall points recorded in the historie . the first is , that philip was not deposed by the pope : whereupon it is to be inferred , that in this passage there is nothing materiall to make for the popes power against a kings throne and scepter . the other point is , that by the censures of the pope , the course of obedience due to the king before was not interrupted , nor the king disauowed , refused , or disclaimed : but on the contrary , that iuo of chartres taking pope vrbanus part , was punished for his presumption , dispoyled of his estate , and kept in prison : whereof hee makes complaint himselfe in his . and . epistles . the l. cardinal besides , in my vnderstanding , for his masters honour , should haue made no words of interdicting the whole kingdome . for when the pope , to giue a king chastisement , doth interdict his kingdome , he makes the people to beare the punishment of the kings offence . for during the time of interdiction , the church doores through the whole kingdome are kept continually shut and lockt vp : publike seruice is intermitted in all places : bels euery where silent : sacraments not administred to the people : bodies of the dead so prostituted and abandoned , that none dares burie the said bodies in holy ground . more , it is beleeued , that a man dying vnder the curse of the interdict , ( without some speciall indulgence or priuiledge ) is for euer damned and adiudged to eternall punishments , as one that dyeth out of the communion of the church . put case then the interdict holdeth and continueth for many yeares together ; alas , how many millions of poore soules are damned , and goe to hell for an others offence ? for what can , or what may the faltlesse and innocent people doe withall , if the king will repudiate his wife , and she yet liuing , ioyne himselfe in matrimonie to an other ? the lord cardinall after philip the . produceth philippus augustus , who hauing renounced his wife ingeberga daughter to the king of denmarke , and marrying with agnes daughter to the duke of morauia , was by pope innocent the third interdicted himselfe and his whole kingdome . but his lordshippe was not pleased to insert withall , what is auerred in the chronicle of saint denis : that pope celestinus . sent forth two legats at once vpon this errand : who being come into to the assemblie and generall council of all the french prelats , became like dumbe dogs that can not barke , so as they could not bring the seruice which they had vndertaken to any good passe , because they stood in a bodily feare of their owne hydes . not long after , the cardinal of capua was in the like taking : for he durst not bring the realme within the limits of the interdict , before he was got out of the limits of the kingdome . the king herewith incensed , thrust all the prelates that had giuen consent vnto these proceedings out of their sees , confiscated their goods , &c. to the same effect is that which wee reade in math. paris . after the pope had giuen his maiesty to vnderstand by the cardinal of anagnia , that his kingdome should be interdicted , vnlesse hee would be reconciled to the king of england ▪ the king returned the pope this answer , that he was not in any sort afraid of the popes sentence , for as much as it could not bee grounded vpon any equity of the cause : and added withall , that it did no way appertain vnto the church of rome to sentence kings , especially the king of fraunce . and this was done , saith iohannes tilius register in court of parliament at paris , by the counsell of the french barons . most notable is the example of philip the faire , and hits the bird in the right eie . in the yeere . the pope dispatched the archbishop of narbona with mandates into france , commaunding the king to release the bishop of apamia then detained in prison , for contumelious words tending to the kings defamation , and spoken to the kings owne head . in very deede this pope had conceiued a secret grudge , and no light displeasure against king philip before : namely , because the king had taken vpon him the collation of benefices , and other ecclesiasticall dignities . vpon which occasion the pope sent letters to the king of this tenour and style : feare god , and keepe his commaundements : we would haue thee knowe , that in spirituall and temporall causes thou art subiect vnto our selfe : that collating of benefices and prebends doth not in any sort appertaine to thy office and place : that , in case as keeper of the spiritualties , thou haue the custodie of benefices and prebends in thy hand when they become void , thou shalt by sequestration reserue the fruites of the same , to the vse and benefit of the next incumbents and successors : and in case thou hast heretofore collated any , we ordaine the said collations to bee meerely void : and so farre as herein thou hast proceeded to the fact , we reuoke the said collations . we hold them for hereticks whosoeuer are not of this beleefe . a legate comes to paris , and brings these brauing letters : by some of the kings faithful seruants they are violently snatched and pulled out of the legates hands : by the earle of artois they are cast into the fire . the good king answers the pope , and payes him in as good coyne as he had sent . philip by the grace of god king of the french , to boniface calling and bearing himselfe the soueraigne bishop , little greeting or none at all . may thy exceeding sottishnesse vnderstand , that in temporall causes we are not subiect vnto any mortall and earthly creature : that collating of benefices and prebends , by regall right appertaineth to our office and place : that appropriating their fruites when they become voide , belongeth to our selfe alone during their vacancie : that all collations by vs heretofore made , or to be made hereafter , shall stand in force : that in the validitie and vertue of the said collations , we will euer couragiously defend and maintaine , all incumbents and possessors of benefices and prebends so by vs collated . we hold them all for sots and senselesse , whosoeuer are not of this beleefe . the pope incensed herewith excommunicates the king : but no man dares publish that censure , or become bearer thereof . the king notwithstanding the said proceedings of the pope , assembles his prelates , barons , and knights at paris : askes the whole assembly , of whome they hold their fees , with all other the temporalties of the church . they make answer with one voice , that in the said matters they disclaime the pope , and know none other lord beside his maiestie . meane while the pope worketh with germanie and the lowe countries , to stirre them vp against france . but philip sendeth william of nogaret into italy . william by the direction and aide of sciarra columnensis , takes the pope at anagnia , mounts him vpon a leane ill-fauoured iade , carries him prisoner to rome ; where ouercome with choller , anguish , and great indignation , hee takes his last leaue of the popedome and his life . all this notwithstanding , the king presently after , from the successors of boniface receiues very ample and gratious bulls , in which the memorie of all the former passages and actions is vtterly abolished . witnesse the epistle of clement . wherein this king is honoured with prayses , for a pious and religious prince , and his kingdom is restored to the former estate . in that age the french nobilitie carried other manner of spirits , then the moderne and present nobilitie doe : i meane those by whome the l. cardinal was applauded and assisted in his oration . yea , in those former times the prelates of the realme stood better affected towards their king , then the l. cardinal himselfe now standeth : who could finde none other way to dally with , and to shift off this pregnant example , but by plaine glosing , that heresie and apostasie was no ground of that question , or subiect of that controuersie . wherein hee not onely condemnes the pope , as one that proceeded against philip without a iust cause and good ground ; but likewise giues the pope the lie , who , in his goodly letters but a little aboue recited , hath enrowled philip in the list of heretiks . he saith moreouer , that indeed the knot of the question was touching the popes pretence , in challenging to himselfe the temporall soueraingntie of france , that is to say , in qualifying himselfe king of france . but indeed and indeede no such matter to be found . his whole pretence was the collating of benefices , and to pearch aboue the king to crowe ouer his crowne in temporall causes . at which pretence his holinesse yet aimeth , still attributing and and challenging to himselfe plenary power to depose the king. now if the l. cardinal shall yet proceede to cauill , that boniface . was taken by the french for an vsurper , and no lawfull pope , but for one that crept into the papacy by fraud and symonie ; hee must bee pleased to set downe positiuely who was pope , seeing that boniface then sate not in the papall chaire . to conclude , if hee that creepeth and stealeth into the papacie by symonie , by canuases or labouring of suffrages vnder hand , or by bribery , be not lawfull pope ; i dare bee bold to professe , there will hardly bee found two lawfull popes in the three last ages . pope benedict in the yeare . being in choller with charles . because charles had bridled and curbed the gainefull exactions and extorsions of the popes court , by which the realme of france had been exhausted of their treasure , sent an excommunicatorie bull into fraunce , against charles the king , and all his princes . the vniuersitie of paris made request or motion that his bull might be mangled , and pope benedict himselfe , by some called petrus de luna , might be declared heretike , schismatike , and perturber of the peace . the said bull was mangled and rent in pieces , according to the petition of the vniuersity , by decree of court vpon the . of iune , . tenne dayes after , the court rising at eleuen in the morning , two bul-bearers of the said excōmuncaitorie censure vnderwent ignominious punishment vpon the palace or great hall stayres . from thence were lead to the lovure in such manner as they had beene brought from thence before : drawen in two tumbrells , cladde in coates of painted linnen , wore paper-mytres on their heads , were proclaimed with sound of trumpet , and euery where disgraced with publike derision . so little reckoning was made of the popes thundering canons in those daies . and what would they haue done , if the said buls had imported sentence of deposition against king charles ? the french church assembled at tours in the yeere . decreed that lewis xii . might with safe conscience contemne the abusiue bulls , and vniust censures of pope julius the ii. and by armes might withstand the popes vsurpations , in case hee should proceed to excommunicate or depose the king. more , by a council holden at pisa , this lewis declared the pope to be fallen from the popedome , and coyned crowns with a stamp of this inscription , i wil destroy the name of babylon . to this the l. of perron makes answer , that all this was done by the french , as acknowledging these iars to haue sprung not from the fountaine of religion , but from passion of state . wherin he condemneth pope iulius , for giuing so great scope vnto his publike censures , as to serue his ambition , and not rather to aduance religion . hee secretly teacheth vs besides , that when the pope vndertakes to depose the king of france , then the french are to sit as iudges concerning the lawfulnesse or vnlawfulnesse of the cause ; and in case they shall finde the cause to be vnlawfull , then to disannull his iudgements , and to scoffe at his thunderbolts . iohn d' albret king of nauarre , whose realme was giuen by the foresaid pope to ferdinand king of arragon , was also wrapped and entangled with strict bands of deposition . now if the french had been touched with no better feeling of affection to their king , then the subiects of nauarre were to the nauarrois ; doubtlesse france had sought a newe lord , by vertue of the popes ( as the l. cardinal himselfe doth acknowledge and confesse ) vniust sentence . but behold , to make the said sentence against iohn d' albret seeme the lesse contrary to equity , the l. cardinal pretends , the popes donation was not indeede the principall cause , howsoeuer ferdinand himselfe made it his pretence . but his lor. giues this for the principall cause : that iohn d' albret had quitted his alliance made with condition ; that in case the kings of nauarre should infringe the said alliance , and breake the league , then the kingdome of nauarre should returne to the crowne of arragon . this condition , between kings neuer made , and without all shew of probabilitie , serueth to none other purpose from the cardinals mouth , but onely to insinuate and worke a perrswasion in his king , that he hath no right nor lawfull pretension to the crowne of nauarre : and whatsoeuer hee nowe holdeth in the said kingdome of nauarre , is none of his owne , but by vsurpation and vnlawfull possession . thus his lordshippe french-borne , makes himselfe an aduocate for the spanish king , against his owne king , and king of the french : who shall bee faine , as he ought ( if this aduocats plea may take place ) to draw his title and style of king of nauarre out of his royall titles , and to acknowledge that all the great endeauours of his predecessors to recouer the said kingdome , were dishonourable and vniust . is it possible , that in the very heart and head citie of france , a spirit & tongue so licentious can be brooked ? what , shall so great blasphemy ( as it were ) of the kings freehold , be powred forth in so honourable an assembly , without punishment or fyne ? what , without any contradiction for the kings right , and on the kings behalfe ? i may perhaps confesse the indignitie might bee the better borne , and the pretence aledged might passe for a poore excuse , if it serued his purpose neuer so little . for how doth all this touch or come neere the question ? in which the popes vsurpation in the deposing of kings , and the resolution of the french in resisting this tyrannicall practise , is the proper issue of the cause : both which points are neuer a whit more of the lesse consequence and importance , howsoeuer ferdinand in his owne iustification stood vpon the foresaid pretence . thus much is confessed , and we aske no more : pope iulius tooke the kingdome from the one , and gaue it vnto the other : the french thereupon resisted the pope , and declared him to bee fallen from the papacie . this noble spirit and courage of the french , in maintaining the dignitie and honour of their kings crownes , bredde those auncient customes , which in the sequence of many ages haue beene obserued and kept in vse . this for one : that no legate of the pope , nor any of his rescripts nor mandates , are admitted and receiued in france , without licence from the king : and vnlesse the legate impart his faculties to the kings atturney generall , to be perused and verified in court of parliament : where they are to be tyed by certaine modifications & restrictions , vnto such points as are not derogatorie from the kings right , from the liberties of the church , and from the ordinances of the kingdome . when cardinal balva , contrary to this ancient forme , entred france in the yeare . and there without leaue of the king did execute the office , and speed certaine acts of the popes legat ; the court vpon motion made by the kings atturney generall , decreed a commission , to be informed against him by two councellors of the said court , and inhibited his further proceeding to vse any faculty or power of the popes legate , vpon paine of beeing proclaimed rebell . in the yeare . iohannes tanquerellus batchelor in diuinitie , by order of the court was condemned to make open confession , that hee had indiscreetly and rashly without consideration defended this proposition , the pope is the vicar of christ , a monarke that hath power both spirituall and secular , and he may depriue princes , which rebel against his cōmandements , of their dignities . which proposition , howsoeuer he protested that he had propounded the same onely to be argued , and not iudicially to be determined in the affirmatiue , tanquerellus neuerthelesse was compelled openly to recant . here the l. cardinal answers ; the historie of tanquerellus is from the matter , because his proposition treateth neither of heresie nor of infidelitie : but i answer , the said proposition treateth of both , for as much as it maketh mention of disobedience to the pope . for i suppose he will not deny , that whosoeuer shall stand out in heresie , contrary to the popes monitorie proceedings , hee shall shewe but poore and simple obedience to the pope . moreouer , the case is cleare by the former examples , that no pope will suffer his power to cast downe kings , to bee restrained vnto the cause of heresie and infidelitie . in the heate of the last warres , raised by that holy-prophane league , admonitory buls were sent by pope gregory . from rome , anno . by these bulls king henry . as an heretike and relaps , was declared incapable of the crowne of france , and his kingdome was exposed to hauock and spoile . the court of parliament beeing assembled at tours the . of august , decreed the said admonitorie bulls to bee cancelled , torne in peices , and cast into a great fire by the hand of the publike executioner . the arrest it selfe or decree is of this tenor : the court duely pondering and approouing the concluding and vnanswearable reasons of the kings atturney general , hath declared , and by these present doth declare , the admonitorie bulls giuen at rome the . of march . to be of no validitie , abusiue , seditious , damnable , full of impietie and impostures , contrarie to the holie decrees , rights , franchises , and liberties of the french church : doth ordaine the copies of the said bulls , sealed with the seale of marsilius landrianus , and signed septilius lamprius , to be rent in peices by the publike executioner , and by him to be burnt in a great fire to be made for such purpose , before the great gates of the common hall or palace , &c. then euen then the l. of perron was firme for the better part , and stood for his king against gregorie the pope , notwithstanding the crime of heresie pretended against henrie his lord. all the former examples by vs alleadged , are drawne out of the times after schooles of diuinitie were established in france . for i thought good to bound my selfe within those dooles and limits of time , which the l. card. himselfe hath set . who goeth not sincerely to worke and in good earnest , where he telleth vs there bee three instances ( as if we had no more ) obiected against papall power , to remooue kings out of their chaires of state : by name , the example of philip the faire , of lewis xii . and of tanquerellus . for in very truth all the former examples by vs produced , are no lesse pregnant and euident , howsoeuer the l. cardinal hath beene pleased to conceale them all for feare of hurting his cause . nay , france euen in the dayes of her sorest seruitude , was neuer vnfurnished of great diuines , by whom this vsurped pow-of the pope , ouer the temporalties and crownes of kings , hath been vtterly misliked and condemned . robert earle of flanders was commanded by pope paschall . to persecute with fire and sword the clergie of leige , who then adhered and stood to the cause of the emperour henry . whom the pope had ignominiously deposed . robert by the popes order and command , was to handle the clergie of leige in like sort as before he had serued the clergy of cambray , who by the said earle had beene cruelly stript both of goods and life . the pope promised the said earle and his army pardon of their sinnes for the said execution . the clergie of leige addressed answer to the pope at large . they cried out vpon the church of rome , and called her babylon . told the pope home , that god hath commanded to giue vnto cesar that which is cesars : that euery soule must be subiect vnto the superiour powers : that no man is exempted out of this precept : and that euery oath of allegiance is to be kept inuiolable : yea , that hereof they themselues are not ignorant , in as much as they by a new schism , and newe traditions , making a separation and rent of the priesthood from the kingdome , doe promise to absolue of periurie , such as haue perfidiously forsworne themselues against their king. and whereas by way of despight and in opprobrious manner , they were excommunicated by the pope , they gaue his holines to vnderstand , that dauids heart had vttered a good matter , but paschals heart had spewed vp sordid and railing words , like old baudes and spinsters or websters of linnen , when they scold and brawle one with an other . finally , they reiected his papall excommunication , as a sentence giuen without discretion . this was the voice and free speech of that clergie , in the life time of their noble emperour . but after he was thrust out of the empire by the rebellion of his owne sonne , instigated and stirred vp thereunto by the popes perswasion and practise , and was brought vnto a miserable death ; it is no matter of wonder , that for the safegard of their life , the said clergie were driuen to sue vnto the pope for their pardon . hildebert bishop of caenomanum vpon the riuer of sartre , liuing vnder the raigne of king philip the first , affirmeth in his epistles . and . that kings are to be admonished and instructed , rather then punished : to be dealt with by counsell , rather then by commaund , by doctrine and instruction , rather then by correction . for no such sword belongeth to the church , because the sword of the church is ecclesiasticall discipline , and nothing else . bernard writeth to pope eugenius after this manner : whosoeuer they be that are of this mind and opinion , shal neuer be able to make proofe , that any one of the apostles did euer sit in qualitie of iudge or diuider of lands . i reade where they haue stood to be iudged , but neuer where they sate downe to giue iudgement . againe , your authoritie stretcheth vnto crimes , not vnto possessions : because you haue receiued the keies of the kingdome of heauen , not in regard of possessions , but of crimes , to keepe all that pleade by couin or collusion , and not lawfull possessors , out of the heauenly kingdome . a little after : these base things of the earth are iudged by the kings and princes of this world : wherefore doe you thrust your sickle into an others haruest ? wherefore doe you incraach and intrude vpon an others limits ? elsewhere . the apostles are directly forbid to make themselues lords and rulers . goe thou then , and beeing a lord vsurpe apostleship , or beeing an apostle vsurpe lordship . if thou needes wilt haue both , doubtlesse thou shalt haue neither . iohannes maior doctor of paris : the soueraigne bishop hath no temporall authoritie ouer kings . the reason . because it followes ( the contrarie being once granted ) that kings are the popes vassals . now let other men iudge , whether hee that hath power to dipossesse kings of all their temporalties , hath not likewise authoritie ouer their temporalties . the same author : the pope hath no manner of title ouer the french or spanish kings in temporall matters . where it is further added , that pope innocent . hath beene pleased to testifie , that kings of france in temporall causes doe acknowledge no superiour . for so the pope excused himselfe to a certaine lord of montpellier , who in stead of suing to the king , had petitioned to the pope for a dispensation for his bastard . but perhaps ( as be speaketh ) it will be alledged out of the glosse , that he acknowledgeth no superiour by fact , and yet ought by right . but i tell you the glosse is an aurelian glosse , which marres the text . amongst other arguments , maior brings this for one : this opinion ministreth matter vnto popes , to take away an others empire by force and violence : which the pope shall neuer bring to passe , as we reade of boniface . against philip the faire . saith besides , that from hence proceede warres , in time of which many outragious mischeifes are done , and that gerson calls them egregious flatterers by whom such opinion is maintained . in the same place maior denies that childeric was deposed by pope zacharie : the word , he deposed , saith maior , is not so to be vnderstood , as it is taken at the first blush or sight ; but he deposed , is thus expounded in the glosse , hee gaue his consent vnto those by whom he was deposed . iohn of paris : were it graunted that christ was armed with temporall power , yet he committed no such power to peter . a little after : the power of kings is the highest power vpon earth : in temporall causes it hath no superiour power aboue it selfe , no more then the pope hath in spirituall matters . this author saith indeede , the pope hath power to excommunicate the king ; but he speaketh not of any power in the pope to put down the king from his regall dignity and authority . he onely saith , when a prince is once excommunicated , he may accidentally or by occasion be deposed : because his precedent excommunication , incites the people to disarme him of all secular dignity & power . the same iohn on the other side holdeth opinion ; that in the emperour there is inuested a power to depose the pope , in case the pope shall abuse his power . almainus doctor of the sorbonic schoole : jt is essentiall in the laye-power to inflict ciuill punishment , as death , banishment , and priuation or losse of goods . but according to diuine institution , the power ecclesiasticall can lay no such punishment vpon delinquents : nay more , not lay in prison , as to some doctors it seemeth probable : but stretcheth and reacheth onely to spirituall punishment , as namely to excommunication : all other punishments inflicted by the spirituall power , are meerely by the lawe positiue . if then ecclesiasticall power by gods lawe hath no authoritie to depriue any priuate man of his goods ; how dares the pope and his flatterers build their power to depriue kings of their scepters vpon the word of god ? the same author in an other place : be it graunted that constantine had power to giue the empire vnto the pope ; yet is it not hereupon to be inferred , that popes haue authority ouer the kingdome of france ; because that kingdom was neuer subiect vnto constantine . for the king of fraunce neuer had any superiour in temporall matters . a little after : it is not in any place to be found , that god hath giuen the pope power to make and vnmake temporall kings . he maintaineth elsewhere , that zacharie did not depose childeric , but onely consented to his deposing ; and so deposed him not as by authoritie . in the same booke , taking vp the words of occam , whome hee styles the doctor : the emperour is the popes lord in things temporall , and the pope calls him lord , as it is witnessed in the body of the text. the lord cardinall hath dissembled and concealed these words of doctor almainus , with many like places : and hath been pleased to alledge almainus reciting occams authoritie , in stead of quoting almainus himselfe in those passages , where hee speaketh as out of his owne opinion , and in his owne words . a notable peice of slie and cunning conueiance . for what heresie may not be fathered and fastened vpon s. augustine , or s. hierome , if they should bee deemed to approoue all the passages which they alledge out of other authors . and that is the reason wherfore the l. cardinal doth not alledge his testimonies whole and perfect , as they are couched in their proper texts , but clipt and curtaild . thus he dealeth euen in the first passage or testimonie of almainus ; he brings it in mangled and pared : hee hides and conceales the words added by almainus , to contradict & crosse the words going before . for almainus makes this addition and supply ; howsoeuer some other doctors doe stand for the negatiue , and teach the pope hath power onely to declare that kings and princes are to bee deposed . and so much appeareth by this reason ; because this ample and soueraigne power of the pope , might giue him occasion to bee puft vp with great pride , and the same fulnesse of power might prooue extreamely hurtfull to the subiects , &c. the same almainus brings in occams opinion in expresse tearmes deciding the question , and there ioynes his owne opinion with occams . the doctors opinion , saith almainus , doth simply carrie the most probabilitie ; that a pope hath no power , neither by excommunication , nor by any other meanes , to dedepose a prince from his imperiall and royall dignitie . and a little before , hauing maintained the greeke empire was neuer transported by the pope to the germaines , and that when the pope crownes the emperour , he doth not giue him the empire , no more then the archbishop of reims when he crownes the king of france , doth giue him the kingdome ; he drawes this conclusion according to occams opinion : i denie that an emperour is bound by oath to promise the pope allegiance . on the other side , if the pope hold any temporall possessions , hee is bound to sweare allegiance vnto the emperour , and to pay him tribute . the said occam alledged by almainus doth further auerre , that iustinian was acknowledged by the pope for his superiour in temporall causes : for as much as diuerse lawes which the pope is bound to keep and obserue , were enacted by iustinian ; as by name the law of prescription for an hundred yeeres : which law standeth yet in force against the bishop of rome . and to the ende that all men may cleerely see , how great distance there is betweene occams opinion and the l. cardinals , who towards the ende of his oration , exhorts his hearers at no hand to dissent from the pope ; take you here a viewe of occams owne words , as they are alleadged by almainus : the doctor assoyles the arguments of pope jnnocent , by which the pope would prooue out of these words of christ , whatsoeuer thou shalt bind , &c. that fulnes of power in temporall matters , belongeth to the soueraigne bishop . for innocent saith , whatsoeuer , excepteth nothing . but occam assoyles innocents authoritie , as not onely false , but also hereticall ; and saith withal , that many things are spoken by jnnocent , which by his leaue sauour and smell of heresie , &c. the l. cardinal with lesse fidelitie alledgeth two places out of thomas his summe . the first , in the second of his second , quest . . art. . in the bodie of the article . in which place ( let it be narrowly examined ) thomas will easily be found to speake , not of the subiection of beleeuing subiects vnder infidel kings , as the lord cardinall pretendeth , but of beleeuing seruants that liue vnder masters , whether iewes or infidels . as when a iew keepeth seruants which professe iesus christ ; or as when some of the faithfull kept in caesars house : who are not considered by thomas as they were subiects of the empire , but as they were seruants of the family . the other place is taken out of quest . . and . art . in the body of the article : where no such matter as the l. cardinal alledgeth can be found . with like fidelitie he taketh gerson in hand : who indeed in his booke of ecclesiasticall power , and . consider . doth affirme , when the abuse of secular power redoundeth to manifest impugning of the faith , and blaspheming of the creator ; then shall it not bee amisse to haue recourse vnto the last branch of this . consider . where , in such case as aforesaid , a certain regitiue , directiue , regulatiue , and ordinatiue authoritie is committed to the ecclesiasticall power . his very words : which make no mention at all of deposing , or of any compulsiue power ouer soueraigne princes . for that forme of rule and gouernement whereof gerson speaketh , is exercised by ecclesiasticall censures & excommunications ; not by losse of goods , of kingdoms , or of empires . this place then is wrested by the l. cardinall to a contrary sense . neither should his lordship haue omitted , that gerson , in the question of kings subiection in temporall matters , or of the dependance of their crowns vpon the popes power , excepteth alwaies the king of france : witnesse that which gerson a little before the place alleadged by the cardinal hath plainely affirmed : now since peters time , saith gerson , all imperiall , regall , and secular power is not immediately to drawe vertue and strength from the soueraigne bishop : as in this manner the most christian king of france hath no superiour , nor acknowledgeth any such vpon the face of the earth . now here need no great sharpenes of wit for the searching out of this deepe mysterie ; that if the pope hath power to giue or take away crownes for any cause or any pretended occasion whatsoeuer , the crowne of france must needs depend vpon the pope . but for as much as we are now hitte in with gerson , we will examine the l. cardinals allegations towards the ende of his oration , taken out of gersons famous oration made before charles . for the vniuersitie of paris : where he brings in gerson to affirme , that killing a tyrant is a sacrifice acceptable to god. but gerson ( let it be diligently noted ) there speaketh not in his owne person : hee there brings in sedition speaking the words . of which words vttered by sedition , and other like speeches , you shall now heare what iudgement gerson himselfe hath giuen . when sedition had spoken with such a furious voice , i turned away my face as if i had beene smitten with death , to shew that i was not able to endure her madnesse any longer . and indeede when dissimulation on the one side , and sedition on the other , had suggested the deuises of two contrary extremes , he brings forth discretion as a iudge , keeping the meane betweene both extreames , and vttering those words which the l. cardinall alleadgeth against himselfe . if the head , ( saith gerson ) or some other member of the ciuill body , should grow to so desperate a passe , that it would gulpe and swallowe downe the deadly poison of tyrannie ; euery member in his place , with all power possible for him to raise by expedient meanes , and such as might preuent a greater inconuenience , should set himselfe against so madde a purpose , and so deadly practise : for if the head be grieued with some light paine , it is not fit for the hand to smite the head : no , that were but a foolish and a madde part . nor is the hand forthwith to chop off or separate the head from the bodie , but rather to cure the head with good speach and other meanes , like a skilfull and wise physitian . yea nothing would be more cruell or more voide of reason , then to seeke to stoppe the strong and violent streame of tyranny by sedition . these words , me thinke , doe make verie strongly and expressely against butchering euen of tyrannicall kings . and whereas a little after the said passage , he teacheth to expell tyrannie , he hath not a word of expelling the tyrant , but onely of breaking and shaking off the yoke of tyranny . yet for all that , hee would not haue the remedies for the repressing of tyrannie , to bee fetcht from the pope , who presumeth to degrade kings , but from philosophers , lawyers , diuines , and personages of good conuersation . it appeareth now by all that hath been said before , that whereas gerson in the considerat . against flatterers , doth affirme : whensoeuer the prince doth manifestly pursue and prosecute his naturall subiects , and shew himselfe obstinately bent with notorious iniustice , to vexe them of set purpose , and with full consent , so farre as to the fact ; then this rule and law of nature doth take place , it is lawfull to resist and repell force by force ; and that sentence of seneca , there is no sacrifice more acceptable to god , then a tyrant offered in sacrifice ; the words , doth take place , are so to be vnderstood , as hee speaketh in an other passage , to wit , with or amongst seditious persons . or else the words , doth take place , doe onely signifie , is put in practise . and so gerson there speaketh not as out of his owne iudgement . his lordshippe also should not haue balked and left out sigebertus , who with more reason might haue passed for french , then thomas and occam , whom he putteth vpon vs for french. sigebertus in his chronicle vpon the yere . speaking of the emperours deposing by the pope , hath words of this tenor : this heresie was not crept out of the shell in those dayes , that his priests , who hath said to the king , apostata , and maketh an hypocrite to rule for the sinnes of the people , should teach the people they owe no subiection vnto wicked kings , nor any allegiance , notwithstanding they haue taken the oath of allegiance . now after the l. card. hath coursed in this manner through the histories of the last ages ( which in case they all made for his purpose , doe lacke the weight of authority ) in stead of searching the will of god in the sacred oracles of his word , and standing vpon examples of the ancient church ; at last leauing the troope of his owne allegations , he betakes himselfe to the sharpening and rebating of the points of his aduersaries weapons . for the purpose , he brings in his aduersaries , the champions of kings crownes , and makes them to speake out of his owne mouth ( for his l. saith it will be obiected ) after this manner : jt may come to passe , that popes either carried with passion , or misledde by sinister information , may without iust cause fasten vpon kings the imputation of heresie or apostasie . then for king-deposers he frames this answer : that by heresie they vnderstand notorious heresie , and formerly condemned by sentence of the church . moreouer , in case the pope hath erred in the fact , it is the clergies part adhering to their king , to make remonstrances vnto the pope , and to require the cause may be referred to the iudgement of a full councill , the french church then and there beeing present . now in this answer , the l. cardinall is of an other minde then bellarmine his brother cardinall . for he goes thus farre : that a prince condemned by vniust sentence of the pope , ought neuertheles to quit his kingdome , and that his pastors vniust sentence shall not redound to his detriment ; prouided that he giue way to the said sentence , and shew himselfe not refractarie , but stay the time in patience , vntill the holy father shall renounce his error , and reuoke his foresaid vniust sentence . in which case these two materiall points are to be presupposed . the one , that he who now hath seized the kingdome of the prince displaced , will forthwith ( if the pope shall solicite and intercede ) return the kingdome to the hand of the late possessor . the other , that in the interim the prince vniustly deposed , shall not neede to feare the bloodie murderers mercilesse blade and weapon . but on the other side , the popes power of so large a size , as bellarmine hath shaped , is no whit pleasing to the l. cardinals eie . for in case the king should be vniustly deposed by the pope not well informed , he is not of the mind the kingdome should stoope to the popes behests , but will rather haue the kingdom to deale by remonstrance , and to referre the cause vnto the council . wherein hee makes the council to be of more absolute and supreame authoritie then the pope : a straine to which the holy father will neuer lend his eare . and yet doubtles , the councill required in this case must be vniuersall ; wherein the french , for so much as they stand firme for their king and his cause , can be no iudges : and in that regard the l. cardinal requireth onely the presence of the french church . who seeth not here into what pickle the french cause is brought by this meanes ? the bishops of italie forsooth , of spaine , of sicilie , of germany , the subiects of soueraignes many times at professed or priuy enmitie with france , shall haue the cause compromitted & referred to their iudgment , whether the kingdome of france shall driue out her kings , and shall kindle the flames of seditious troubles , in the very heart and bowels of the realme . but is it not possible , that a king may lacke the loue of his owne subiects , and they taking the vantage of that occasion , may put him to his trumps in his owne kingdome ? is it not possible , that calumniations whereby a credulous pope hath beene seduced , may in like manner deceiue some great part of a credulous people ? is it not possible , that one part of the people may cleaue to the popes faction , an other may hold and stand out for the kings rightfull cause , and ciuil warres may be kindled by the splene of these two sides ? is it not possible , that his holinesse will not rest in the remonstrances of the french , & will yet further pursue his cause ? and whereas nowe a dayes a generall councill cannot be held , except it bee called and assembled by the popes authority ; is it credible , the pope will take order for the conuocation of a council , by whom he shall be iudged ? and how can the pope be president in a council , where himselfe is the partie impleaded ? and to whom the sifting of his owne sentence is referred , as it were to committies , to examine whether it was denounced according to law , or against iustice ? but in the meane time , whilest all these remonstrances and addresses of the council are on foote ; behold , the royall maiesty of the king hangeth as it were by loose gimmals , and must stay the iudgement of the council to whom it is referred . well : what if the councill should happe to be two or three yeeres in assembling , and to continue or hold eighteene yeeres , like the council of trent ; should not poore france , i beseech you , be reduced to a very bad plight ? should shee not be in a very wise and warme taking ? to be short ; his lordships whole speech for the vntying of this knot , not onely surmounteth possibility , but is stuft with ridiculous toyes . this i make manifest by his addition in the same passage : if the pope deceiued in fact , shal rashly and vniustly declare the king to be an heretike ; then the popes declaration shal not be seconded with actuall deposition , vnles the realme shall consent vnto the kings deposing . what needes any man to be instructed in this doctrine ? who doth not knowe , that a king , so long as he is vpheld and maintained in his kingdome by his people , cannot actually and effectually bee deposed from his throne ? hee that speaketh such language and phrase , in effect saith , and saith no more then this : a king is neuer depriued of his crowne , so long as he can keep his crowne on his head : a king is neuer turn'd and stript naked , so long as hee can keepe his cloathes on his backe : a king is neuer deposed , so long as he can make the stronger partie and side against his enemies : in breife , a king is king , and shal stil remaine king , so long as he can hold the possession of his kingdome , and sit fast in his chaire of estate . howbeit , let vs here by the way , take notice of these words vttered by his lordship : that for the deposing of a king , the consent of the people must be obtained : for by these words the people are exalted aboue the king , and are made the iudges of the kings deposing . but here is yet a greater matter : for that popes may erre in faith , it is acknowledged by popes themselues : for some of them haue condemned pope honorius for a monothelite : s. hierome , and s. hilarius , and s. athanasius doe testifie , that pope liberius started aside , and subscribed to arrianisme : pope iohn . was condemned in the council of constance , for maintaining there is neither hell nor heauen . diuerse other popes haue been tainted with error in faith . if therefore any pope hereticall in himselfe , shall depose an orthodoxe king for heresie ; can it be imagined , that he which boasts himselfe to beare all diuine and humane lawes in the priuy coffer or casket of his breast , will stoope to the remonstrances of the french , and vayle to the reasons which they shall propound , though neuer so iustifiable , and of neuer so great validitie ? and how can he , that may be infected with damnable heresie ( when himselfe is not alwaies free from heresie ) be a iudge of heresie in a king ? in this question some are of opinion , that as a man , the pope may fall into error , but not as pope . very good : i demand then vpon the matter , wherefore the pope doth not instruct and reforme the man ? or wherefore the man doth not require the popes instructions ? but whether a king be deposed by that man the pope , or by that pope the man , is it not all one ? is he not deposed ? others affirme , the pope may erre in a question of the fact , but not in a question of the right . an egregious gullery and imposture . for if he may bee ignorant whether iesus christ died for our sinnes , doubtles he may also be to seeke , whether we should repose all our trust and assured confidence in the death of christ . consider with me the prophets of olde : they were all inspired and taught of god , to admonish and reprooue the kings of iudah and israel : they neither erred in matter of fact , nor in point of right : they were as farre from being blinded and fetcht ouer by deceitfull calumniations , as from beeing seduced by the painted shew of corrupt and false doctrine . as they neuer trode awry in matter of faith ; so they neuer whetted the edge of their tongue or style against the faultles . had it not beene a trimme deuice in their times , to say , that as esay and as daniel they might haue sunke into heresie , but not as prophets ? for doubtlesse in this case , that esay would haue taken counsell of the prophet which was himselfe . to bee short ; if kings are onely so long to be taken for kings , vntill they shall be declared heretikes , and shall be deposed by the pope ; they continually stand in extreame danger , to vndergoe a very heauy and vniust sentence . their safest way were to know nothing , and to beleeue by proxie ; least , if they should happen to talke of god , or to thinke of religion , they should be drawne for heretikes into the popes inquisition . all the examples hitherto produced by the l. cardinall on a rowe , are of a latter date , they lacke weight , are drawne from the time of bondage , and make the popes themselues witnesses in their owne cause . they descant not vpon the point of deposition , but onely strike out and sound the notes of excommunication and interdiction , which make nothing at all to the musicke of the question . and therefore he telleth vs ( in kindnesse as i take it ) more oftentimes then once or twice , that he speaketh onely of the fact ; as one that doth acknowledge himselfe to be out of the right . hee relates things done , but neuer what should bee done : which , as the iudicious know , is to teach nothing . the second jnconuenience examined . the second inconuenience like to growe , ( as the lord cardinall seemeth to be halfe afraid ) if the article of the third estate might haue passed with approbation , is couched in these words : lay-men shall by authoritie be strengthened with power , to iudge in matters of religion ; as also to determine the doctrine comprised in the said article to haue requisite conformitie with gods word : yea they shall haue it in their hands to compell ecclesiastics by necessitie , to sweare , preach , and teach the opinion of the one side , as also by sermons and publike writings to impugne the other . this inconuenience hee aggrauateth with swelling words , and breaketh out into these vehement exclamations : o reproach , o scandall , o gate set open to a world of heresies . he therefore laboureth both by reasons , & by autorities of holy scripture , to make such vsurped power of laics , a fowle , shamefull , and odious practise . in the whole , his lordship toyles himselfe in vaine , and maketh suppositions of castles in the aire . for in preferring this article , the third estate haue born themselues not as iudges or vmpires , but altogether as petitioners : requesting the said article might be receiued into the number of the parliament bookes , to bee presented vnto the king and his counsell , vnto whome in all humilitie they referred the iudgement of the said article ; conceiuing all good hope the clergie and nobilitie would be pleased to ioyne for the furtherance of their humble petition . they were not so ignorant of state-matters , or so vnmindfull of their owne places and charges , to beare themselues in hand , that a petition put vp and preferred by the third estate , can carrie the force of a lawe or statute , so long as the other two orders withstand the same , and so long as the king himselfe holds backe his royall consent . besides , the said article was not propounded as a point of religious doctrine ; but for euer after to remaine and continue a fundamentall lawe of the commonwealth and state it selfe , the due care whereof was put into their hands , and committed to their trust . if the king had ratified the said article with royall consent , and had commanded the clergie to put in execution the contents thereof ; it had beene their duty to see the kings will and pleasure fulfilled , as they are subiects bound to giue him aide in all things , which may any way serue to procure the safetie of his life , and the tranquility of his kingdome . which if the clergie had performed to the vttermost of their power , they had not shewed obedience as vnderlings , vnto the third estate , but vnto the king alone : by whome such commaund had beene imposed , vpon suggestion of his faithfull subiects , made the more watchfull by the negligence of the clergie ; whom they perceiue to be linked with stricter bands vnto the pope , then they are vnto their king. here then the cardinall fights with meere shadowes , and mooues a doubt whereof his aduersaries haue not so much as once thought in a dreame . but yet , according to his great dexteritie and nimblenesse of spirit , by this deuice he cunningly takes vpon him to giue the king a lesson with more libertie : making semblance to direct his masked oration to the deputies of the people , when he shooteth in effect , and pricketh at his king , the princes also and lords of his counsell , whom the cardinall compriseth vnder the name of laics ; whose iudgment ( it is not vnlikely ) was apprehended much better by the clergy , then the iudgement of the third estate . now these are the men whom he tearmeth intruders into other mens charges , and such as open a gate for i wot not how many legions of heresies , to rush into the church . for if it be proper to the clergie and their head , to iudge in this cause of the right of kings ; then the king himselfe , his princes , and nobilitie , are debarred and wiped of all iudgement in the same cause , no lesse then the representatiue body of the people . well then , the l ▪ cardinall showres downe like haile sundry places and testimonies of scripture , where the people are commaunded to haue their pastors in singular loue , and to beare them all respects of due obseruance . be it so ; yet are the said passages of scripture no barre to the people , for their vigilant circumspection , to preserue the life and crown of their prince , against all the wicked enterprises of men stirred vp by the clergie , who haue their head out of the kingdom , and hold themselues to be none of the kings subiects : a thing neuer spoken by the sacrificing priests and prelates , mentioned in the passages alleadged by the lord cardinall . he likewise produceth two christian emperours , constantine and valentinian by name ; the first refusing to meddle with iudgement in episcopall causes : the other forbearing to iudge of subtile questions in diuinity , with protestation , that hee would neuer be so curious , to diue into the streames , or sound the bottome of so deepe matters . but who doth not knowe , that working and prouiding for the kings indemnity and safetie , is neither episcopall cause , nor matter of curious and subtile inquisition ? the same answer meets with all the rest of the places produced by the l. cardinal out of the fathers . and that one for example , out of gregory nazianzenus , is not cited by the cardinall with faire dealing . for gregorie doth not boord the emperour himselfe , but his deputie or l. president , on this manner : for we also are in authoritie and place of a ruler , we haue command aswell as your selfe : whereas the l. cardinal with fowle play , turnes the place in these termes , we also are emperours . which words can beare no such interpretation , as well because he to whom the bishop then spake , was not of imperiall dignitie ; as also because if the bishop himselfe , a bishop of so small a citie as nazianzum , had qualified himselfe emperour , he should haue passed all the bounds of modestie , and had shewed himselfe arrogant aboue measure . for as touching subiection due to christian emperours , hee freely acknowledgeth a little before , that himselfe and his people are subiect vnto the superiour powers , yea bound to pay them tribute . the history of the same gregories life doth testifie , that he was drawne by the arrians before the consuls iudgement seate , and from thence returned acquitted , without either stripes or any other kind of contumelious entreatie and vse : yet now at last vp starts a prelate , who dares make this good father vaunt himselfe to bee an emperour . it is willingly granted , that emperours neuer challenged , neuer arrogated , to be soueraigne iudges in controuersies of doctrine and faith ; neuertheles it is clearer then the sunnes light at high noone , that for moderation at synods , for determinations and orders established in councils , and for the discipline of the church , they haue made a good and a full vse of their imperiall authoritie . the . council held at constantinople , beares this title or inscription ; the dedication of the holy synode to the most religious emperour theodosius the great , to whose will and pleasure they haue submitted these canons by them addressed and established in council . and there they also beseech the emperour , to confirme and approoue the said canons . the like hath bin done by the councill of trullo , by whome the canons of the fift and sixt councils were put forth and published . this was not done , because emperours tooke vpon them to bee infallible iudges of doctrine ; but onely that emperours might see and iudge , whether bishops ( who feele the pricke of ambition as other men doe ) did propound nothing in their conuocations and consultations , but most of all in their determinations , to vndermine the emperours authoritie , to disturbe the tranquilitie of the commonwealth , and to crosse the determinations of precedent councils . now to take the cognizance of such matters out of the kings hand or power ; what is it but euen to transforme the king into a standing image , to wring and wrest him out of all care of himselfe and his kingly charge , yea to bring him downe to this basest condition , to become onely an executioner , and ( which i scorne to speake ) the vnhappie hangman of the clergies will , without any further cognizance , not so much as of matters which most neerely touch himselfe , and his royall estate ? i graunt it is for diuinitie schooles , to iudge how farre the power of the keyes doth stretch : i graunt againe , that clerics both may , and ought also to display the colours and ensignes of their censures against princes , who violating their publike and solemne oath , do raise and make open war against iesus christ : i graunt yet againe , that in this case they need not admit laics to be of their counsell , nor allowe them any scope or libertie of iudgement . yet all this makes no barre to clerics , for extending the power of their keies , many times a whole degree further then they ought ; and when they are pleased , to make vse of their said power , to depriue the people of their goods , or the prince of his crowne : all this doth not hinder prince or people from taking care for the preseruation of their owne rights and estates , nor from requiring clerics to shewe their cards , and produce their charts , and to make demonstration by scripture , that such power as they assume and challenge , is giuen them from god. for to leaue the pope absolute iudge in the same cause wherein hee is a party , and ( which is the strongest rampier and bulwarke , yea the most glorious and eminent point of his domination ) to arme him with power to vnhorse kings out of their feates ; what is it else but euen to draw them into a state of despaire , for euery winning the day , or preuailing in their honourable and rightfull cause ? it is moreouer graunted , if a king shall commaund any thing directly contrary to gods word , and tending to the subuerting of the church ; that clerics in this case ought not onely to dispense with subiects for their obedience , but also expressely to forbid their obedience : for it is alwaies better to obey god then man. howbeit in all other matters , whereby the glory and maiesty of god is not impeached or impaired , it is the duty of clerics to plie the people with wholesome exhortation to constant obedience , and to auert by earnest disswasions the said people from tumultuous reuolt and seditious insurrection . this practise vnder the pagan emperours , was held and followed by the auncient christians ; by whose godly zeale and patience in bearing the yoke , the church in times past grew and flourished in her happy and plentifull encrease , farre greater then poperie shall euer purchase and attaine vnto by all her cunning deuises and sleights : as namely by degrading of kings , by interdicting of kingdomes , by apposted murders , and by diabolicall traines of gunne-powder-mines . the places of scripture alledged in order by the cardinall , in fauour of those that stand for the popes claime of power and authoritie to depose kings , are cited with no more sinceritie then the former : they alleadge ( these are his words ) that samuel deposed king saul , or declared him to bee deposed , because hee had violated the lawes of the iewes religion . his lordship auoucheth elsewhere , that saul was deposed , because hee had sought prophanely to vsurpe the holy priesthood . both false , and contrary to the tenor of truth in the sacred historie . for saul was neuer deposed , according to the sense of the word ( i meane , depose ) in the present question : to wit , as deposing is taken for despoyling the king of his royall dignity , and reducing the king to the condition of a priuate person : but saul held the title of king , and continued in possession of his kingdome , euen to his dying day . yea , the scripture styles him king , euen to the periodical and last day of his life , by the testimonie of dauid himselfe , who both by gods promise , and by precedent vnction , was then heire apparant as it were to the crowne , in a manner then ready to gird and adorne the temples of his head . for if samuel , by gods commaundement , had then actually remooued saul from his throne , doubtles the whole church of israel had committed a grosse error , in taking and honouring saul for their king after such deposition : doubtlesse the prophet samuel himselfe , making known the lords ordinance vnto the people , would haue enioyned them by strict prohibition , to call him no longer the king of israel : doubtles dauid would neuer haue held his hand from the throate of saul , for this respect and consideration , because hee was the lords annointed . for if saul had lost his kingly authoritie , from that instant when samuel gaue him knowledge of his reiection ; then dauid , least otherwise the bodie of the kingdome should want a royal head , was to beginne his raigne , and to beare the royall scepter in the very same instant : which were to charge the holy scriptures with vntruth , in as much as the sacred historie beginnes the computation of the yeers of dauids raigne , from the day of sauls death . true it is , that in the . sam. cap. . saul was denounced by gods owne sentence , a man reiected , and as it were excommunicated out of the kingdome , that he should not rule and raigne any longer as king ouer israel ; neuerthelesse the said sentence was not put in execution , before the day when god , executing vpon saul an exemplarie iudgement , did strike him with death . from whence it is manifest and cleare , that when dauid was annointed king by samuel , that action was onely a promise , and a testimony of the choice , which god had made of dauid for succession immediately after saul ; and not a present establishment , inuestment , or instalment of dauid in the kingdome . wee reade the like in . king. cap. . where god commaundeth elias the prophet , to annoint hasael king of syria . for can any man be so blind and ignorant in the sacred history , to beleeue the prophets of israel established , or sacred the kings of syria ? for this cause , when dauid was actually established in the kingdom , he was anointed the second time . in the next place he brings in the popes champions vsing these words ; rehoboam was deposed by ahiah the prophet , from his royall right ouer the tenne tribes of israel , because his father salomon had played the apostata , in falling from the lawe of god. this i say also , is more then the truth of the sacred historie doth affoard . for ahiah neuer spake to rehoboam ( for ought we reade , ) nor brought vnto him any message from the lord. as for the passage quoted by the l. cardinall out of reg. . chap. . it hath not reference to the time of rehoboams raigne , but rather indeed to salomons time : nor doth it carrie the face of a iudicatory sentence for the kings deposing , but rather of a propheticall prediction . for how could rehoboam , before he was made king , be depriued of the kingdome ? last of all , but worst of all ; to alleadge this passage for an example of a iust sentence in matter of deposing a king , is to approoue the disloyall treachery of a seruant against his master , and the rebellion of ieroboam branded in scripture with a marke of perpetuall infamy for his wickednesse and impietie . he goes on with an other example of no more truth : king achab was deposed by elias the prophet , because he imbraced false religion , and worshipped false gods . false too like the former ; king achab lost his crowne and his life both together . the scripture , that speaketh not according to mans fancy , but according to the truth , doth extend and number the yeeres of achabs raigne , to the time of his death . predictions of a kings ruine , are no sentences of deposition . elias neuer gaue the subiects of achab absolution from their oath of obedience ; neuer gaue them the least inckling of any such absolution ; neuer set vp , or placed any other king in achabs throne . that of the l. cardinall a little after , is no lesse vntrue : that king vzziah was driuen from the conuersation of the people by azarias the priest , and thereby the administration of his kingdome was left no longer in his power . not so : for when god had smitten vzziah with leprosie in his forehead , he withdrew himselfe , or went out into an house apart , for feare of infecting such as were whole by his contagious disease . the high priest smote him not with any sentence of deposition , or denounced him suspended from the administration of his kingdome . no : the dayes of his raigne are numbred in scripture , to the day of his death . and whereas the priest , according to the lawe in the . of leuit. iudged the king to be vncleane ; he gaue sentence against him , not as against a criminall person , and thereby within the compasse of deposition ; but as against a diseased body . for the lawe inflicteth punishments , not vpon diseases , but vpon crimes . hereupon , whereas it is recorded by iosephus in his antiquities , that vzziah lead a priuate , and in a manner , a solitarie life ; the said author doth not meane , that vzziah was deposed , but onely that he disburdened himselfe of care to mannage the publike affaires . the example of mattathias , by whome the iewes were stirred vp to rebell against antiochus , is no better worth . for in that example we finde no sentence of deposition , but onely an heartning and commotion of a people then grieuously afflicted and oppressed . he that makes himselfe the ring-leader of conspiracie against a king , doth not forthwith assume the person , or take vp the office and charge of a iudge , in forme of lawe , and iuridically to depriue a king of his regall rights , and royall prerogatiues . mattathias was chiefe of that conspiracy , not in qualitie of priest , but of cheiftaine , or leader in warre , and a man the best qualified of all the people . things acted by the suddaine violence of the base vulgar , must not stand for lawes , nor yet for proofes and arguments of ordinarie power , such as the pope challengeth to himselfe , and appropriateth to his triple-crowne . these bee our solide answers : wee disclaime the light armour which the l. cardinall is pleased to furnish vs withall , forsooth to recreate himselfe , in rebating the points of such weapons , as he hath vouchsafed to put into our hands . now it will be worth our labour to beate by his thrusts , fetcht from the ordinary mission of the new testament , from leprosie , stones , and locks of wool . a leach no doubt of admirable skil , one that for subiecting the crownes of kings vnto the pope , is able to extract arguments out of stones ; yea , out of the leprosie , and the drie scab , onely forsooth because heresie is a kind of leprosie , and an heretike hath some affinitie with a leper . but may not his quoniam , be as fitly applyed to any contagious & inueterate vice of the minde beside heresie ? his warning-peice therefore is discharged to purpose , whereby he notifies that hee pretendeth to handle nothing with resolution . for indeed vpon so weake arguments , a resolution is but ill-fauouredly and weakely grounded . his bulwarks thus beaten downe , let vs now viewe the strength of our owne . first , hee makes vs to fortifie on this manner : they that are for the negatiue , doe alleadge the authoritie of s. paul ; let euery soule bee subiect vnto the higher powers : for whosoeuer resisteth the power , resisteth the ordinance of god. and likewise that of s. peter , submit your selues , whether it be vnto the king , as vnto the superiour , or vnto gouernours , &c. vpon these passages , and the like , they inferre , that obedience is due to kings by the lawe of god , and not dispensable by any spirituall or temporall authoritie . thus he brings vs in with our first weapon . but here the very cheife sinew and strength of our argument , he doth wittingly balke , and of purpose conceale . to wit , that all the emperours of whom the said holy apostles haue made any mention in their diuine epistles , were professed enemies to christ , pagans , infidels , fearefull and bloody tyrants : to whom notwithstanding euery soule , and therefore the bishop of rome for one , is commaunded to submit himselfe , and to professe subiection . thus much chrysostome hath expressely taught in his hom. . vpon the epistle to the romanes ; the apostle giues this commandement vnto all : euen to priests also , and cloistered monkes , not onely to secular : be thou an apostle , an euangelist , a prophet , &c. besides , it is here worthy to be noted , that howsoeuer the apostles rule is generall , and therefore bindeth all the faithfull in equal bands ; yet is it particularly , directly , and of purpose addressed to the church of rome by s. paul , as by one who in the spirit of an apostle did foresee , that rebellion against princes was to rise and spring from the city of rome . now in case the head of that church by warrant of any priuiledge , contained in the most holy register of gods holy word , is exempted from the binding power of this generall precept or rule ; did it not become his lordship to shew by the booke , that it is a booke case , and to lay it forth before that honourable assembly , who no doubt expected & waited to heare when it might fal from his learned lips ? but in stead of any such authenticall and canonicall confirmation , hee flyeth to a sleight shift , and with a cauill is bold to affirme the foundation , laid by those of our side , doth no way touch the knot of the controuersie . let vs heare him speake : jt is not in controuersie , whether obedience bee due to kings by gods lawe , so long as they are kings , or acknowledged for kings : but our point controuerted , is whether by gods lawe it bee required , that hee who hath beene once recognised and receiued for king by the bodie of estates , can at any time bee taken and reputed as no king , that is to say , can doe no manner of act whereby hee may loose his right , and so cease to be saluted king. this answer of the l. cardinal is the rare deuise , euasion , and starting hole of the iesuites . in whose eares of delicate and tender touch , king-killing soundeth very harsh : but forsooth to vn-king a king first , and then to giue him the stabbe , that is a point of iust and true descant . for to kill a king , once vn-king'd by deposition , is not killing of a king. for the present i haue one of that iesuiticall order in prison , who hath face enough to speak this language of ashdod , and to maintaine this doctrine of the iesuites colledges . the l. cardinal harps vpon the same string . he can like subiection and obedience to the king , whilest hee sitteth king : but his holinesse must haue all power , and giue order withall , to hoyst him out of his royall seate . i therefore now answer , that in very deed the former passages of s. paul and s. peter should come nothing neere the question , if the state of the question were such as he brings it , made and forged in his owne shop . but certes the state of the question is not , whether a king may doe some act , by reason whereof hee may fall from his right , or may not any longer be acknowledged for king. for all our contention is , concerning the popes power to vn-authorize princes : whereas in the question framed and fitted by the l. card. not a word of the pope . for were it graunted and agreed on both sides , that a king by election might fall from his kingdome , yet still the knot of the question would hold , whether he can bee dispossessed of his regall authority , by any power in the pope ; and whether the pope hath such fulnesse of power , to strip a king of those royall robes , rights , and reuenues of the crowne , which were neuer giuen him by the pope ; as also by what authority of holy scripture , the pope is able to beare out himselfe in this power , and to make it good . but here the l. cardinal stoutly saith in his owne defence by way of reioynder ; as one text hath , let euery soule be subiect vnto the higher powers ; in like manner an other text hath , obey your prelates , and be subiect vnto your pastors : for they watch ouer your soules , as men that shall giue an accompt for your soules . this reason is void of reason , and makes against himselfe . for may not prelates be obeyed and honoured , without kings be deposed ? if prelates preach the doctrine of the gospell , will they in the pulpit stirre vp subiects to rebell against kings ? moreouer , whereas the vniuersal church in these daies is diuided into so many discrepant parts , that now prelates neither do nor can draw all one way ; is it not exceeding hard , keeping our obedience towards god , to honour them all at once with due obedience ? nay ; is not here offered vnto me a dart out of the l. cardinals armorie , to cast at himselfe ? for as god chargeth all men with obedience to kings , and yet from that commaundement of god , the lord cardinal would not haue it inferred , that kings haue power to degrade ecclesiasticall prelates : euen so god giueth charge to obey prelates , yet doth it not followe from hence , that prelates haue power to depose kings . these two degrees of obedience agree well together , and are each of them bounded with peculiar and proper limits . but for so much as in this point , we haue on our side the whole auncient church , which , albeit she liued and groned for many ages together vnder heathen emperours , heretikes , and persecuters , did neuer so much as whisper a word about rebelling and falling from their soueraigne lords , and was neuer by any mortall creature freed from the oath of allegiance to the emperour ; the cardinal is not vnwilling to graunt , that ancient christians in those times were bound to performe such fidelity & allegiance , for as much as the church ( the cardinal for shame durst not say the pope ) then had not absolued them of their oath . no doubt a pleasant dreame , or a merry conceit rather , to imagine the bishop of rome was armed with power to take away the empire of the world from nero , or claudius , or domitianus ; to whom it was not knowne , whether the citie of rome had any bishop at all . is it not a master-iest , of a straine most ridiculous , to presuppose the grand-masters and absolute lords of the whole world , had a sent so dull , that they were not able to smel out , and to nose things vnder their owne noses ? that they saw so little with other mens eies and their owne , that within their capitall citie , they could not spie that soueraigne armed with ordinary and lawfull authority to degrade , and to turne them out of their renowned empire ? doubtlesse the said emperours , vassals belike of the popes empire , are to be held excused for not acknowledging and honouring the pope in quality of their lord , as became his vassals ; because they did not know there was any such power in the world , as after-times haue magnified and adored vnder the qualitie of pope . for the bishops of rome in those times , were of no greater authoritie , power , and meanes , then some of the bishops are in these daies within my kingdomes . but certes those popes of that primitiue age , thought it not expedient in the said times to drawe their swords : they exercised their power in a more mild and soft kind of cariage toward those miserable emperours , for three seuerall reasons alledged by the l. cardinall . the first : because the bishops then durst not by their censures whet and prouoke those emperous , for feare of plunging the church in a sea of persecutions . but if i be not cleane voide of common sense , this reason serueth to charge not only the bishops of rome , but all the auncient professors of christ besides , with deepe dissimulation and hypocrisie . for it is all one as if he had professed , that all their obedience to their soueraignes , was but counterfeit , and extorted , or wrung out of them by force : that all the submissiue supplications of the auncient fathers , the assured testimonies and pledges of their allegiance , humilitie , and patience , were but certaine formes of disguised speech , proceeding not freely from the suggestions of fidelity , but faintly and fainedly , or at least from the strong twitches & violent convulsions of feare . wherupon it followes , that all their torments and punishments , euen to the death , are wrongfully honoured with the title , and crowned with the crowne of martyrdome ; because their patience proceeded not from their owne free choice and election , but was taught by the force of necessitie , as by compulsion : and whereas they had not mutinously and rebelliously risen in arms , to asswage the scorching heat and burning flames of tyrannicall persecuters , it was not for want of will , but for lacke of power . which false and forged imputation , the fathers haue cleared themselues of in their writings . tertullian in his apologet : all places are full of christians , the cities , isles , castles , burroughs , armies , &c. if we that are so infinite a power , and multitude of men , had broken from you into some remote nooke or corner of the world , the cities no doubt had become naked and solitarie : there had beene a dreadfull and horrible silence ouer the face of the whole empire : the great emperours had beene driuen to seeke out newe cities , and to discouer newe nations , ouer whom to beare soueraigne sway and rule : there had remained more enemies to the state , then subiects and friends . cyprian also against demetrianus : none of vs all , howsoeuer wee are a people mighty and without number , haue made resistance against any of your vniust and wrongfull actions , executed with all violence ; neither haue sought by rebellious armes , or by any other sinister practises , to crie quittance with you at any time for the righting of our selues . certain it is , that vnder iulianus , the whole empire in a manner professed the christian religion ; yea , that his leiftenants and great commanders , as iovinianus , and valentinianus by name , professed christ . which two princes not long after attained to the imperiall dignitie , but might haue solicited the pope sooner to degrade iulianus from the imperiall throne . for say that iulians whole army had renounced the christian religion : ( as the l. cardinall against all shew and appearance of truth would beare vs in hand , and contrary to the generall voice of the said whole army , making this profession with one consent when iulian was dead , wee are all christians : ) yet italie then persisting in the faith of christ , and the army of iulian then lying quartered in persia , the vtmost limit of the empire to the east , the bishop of rome had fit opportunity to drawe the sword of his authority ( if he had then any such sword hanging at his pontificall side ) to make iulian feele the sharpe edge of his weapon , and thereby to pull him downe from the stately pearch of the romane empire . i say moreouer , that by this generall and suddaine profession of the whole caesarian army , we are all christians , it is clearely testified , that if his army or souldiers were then addicted to paganisme , it was wrought by compulsion , and cleane contrary to their setled perswasion before : and then it followes , that with greater patience they would haue borne the deposing of iulian , then if hee had suffered them to vse the libertie of their conscience . to bee short in the matter ; s. augustine makes all whole , and by his testimonie doth euince , that iulians army perseuered in the faith of christ . the souldiers of christ serued a heathen emperour : but when the cause of christ was called in question , they acknowledged none but christ in heauen : when the emperour would haue them to serue , and to perfume his idols with frankincense , they gaue obedience to god , rather then to the emperour . after which words , the very same words alledged by the l. cardinall against himselfe doe followe : they did then distinguish betweene the lord eternall , and the lord temporall : neuerthelesse they were subiect vnto the lord temporall , for the lord eternall . it was therefore to pay god his duty of obedience , and not for feare to incense the emperour , or to drawe persecution vpon the church ( as the l. cardinall would make vs beleeue ) that christians of the primitiue church and bishops by their censures , durst not anger and prouoke their emperours . but his lordship by his coloured pretences doth manifestly prouoke and stirre vp the people to rebellion , so soone as they knowe their owne strength to beare out a rebellious practise . whereupon it followes , that in case their conspiracie shall take no good effect , all the blame and fault must lie , not in their disloyalty and treason , but in the badde choice of their times for the best aduantage , and in the want of taking a true sight of their owne weakenesse . let stirring spirits be trained vp in such practicall precepts , let desperate wits be seasoned with such rules of discipline ; and what need we , or how can we wonder they contriue powder — conspiracies , and practise the damnable art of parricides ? after iulian , his lordship falles vpon valentinian the younger , who maintaining arrianisme with great and open violence , might haue beene deposed by the christians from his empire , and yet ( say we ) they neuer dream'd of any such practise . here the l. cardinal maketh answer : the christians mooued with respect vnto the fresh memory both of the brother and father , as also vnto the weake estate of the sonnes young yeeres , abstained from all counsels and courses of sharper effect and operation . to which answer i reply : these are but friuolous coniectures , deuised and framed to tickle his owne fancie . for had valentinianus the younger beene the sonne of an arrian , and had then also attained to threescore yeeres of age , they would neuer haue borne themselues in other fashion then they did , towards their emperour . then the cardinal goeth on : the people would not abandon the factious and seditious party , but were so firme or obstinate rather for the faction , that valentinian for feare of the tumultuous vproares was constrained to giue way , and was threatened by the souldiers , that except hee would adhere vnto the catholikes , they would yeeld him no assistance , nor stand for his partie . now this answer of the l. cardinall makes nothing to the purpose , concerning the popes power to pull downe kings from their stately nest . let vs take notice of his proper consequence . valentinian was afraid of the popular tumult at milan : the pope therefore hath power to curbe hereticall kings by deposition . now marke what distance is betweene rome and milan , what difference betweene the people of milan , and the bishop of rome ; betweene a popular tumult , and a iudicatory sentence ; between fact and right , things done by the people or souldiers of milan , and things to bee done according to right and law by the bishop of rome ; the same distance , the same difference ( if not farre greater ) is betweene the l. cardinals antecedent and his consequent , betweene his reason , and the maine cause or argument which we haue in hand . the madde commotion of the people was not here so much to be regarded , as the sad instruction of the pastor , of their good and godly pastor s. ambrose , so far from heartning the people of milan to rebell , that being bishop of milan , he offered himselfe to suffer martyrdome : if the emperour abuse his imperiall authoritie , ( for so theodoret hath recited his words ) to tyrannize thereby , here am i ready to suffer death . and what resistance he made against his l. emperour , was only by way of supplication in these tearmes : we beseech thee , o augustus , as humble suppliants ; we offer no resistance : we are not in feare , but we flie to supplication . againe , if my patrimony be your marke , enter vpon my patrimonie : if my bodie , i will goe and meet my torments . shall i bee drag'd to prison or to death ? i will take delight in both . item , in his oration to auxentius : j can afflict my soule with sorrowe , i can lament , j can send forth grieuous groanes : my weapons against either of both , souldiers or goths , are teares : a priest hath none other weapons of defence : i neither can resist , nor ought in any other manner to make resistance . iustinian emperour in his old age fell into the heresie of the aphthartodocites . against iustinian , though fewe they were that fauoured him in that heresie , the bishop of rome neuer darted with violence any sentence of excommunication , interdiction , or deposition . the ostrogot kings in italy , the visigot in spaine , the vandal in africa were all addicted to the arrian impietie , and some of them cruelly persecuted the true professors . the visigot and vandall were no neighbours to italie . the pope thereby had the lesse cause to feare the stings of those waspes , if they had been angred . the pope for all that neuer had the humour to wrastle or iustle with any of the said kings in the cause of deposing them from their thrones . but especially the times when the vandals in affricke , and the goths in italy by belisarius and narses , professors of the orthodoxe faith , were tyred with long warres , and at last were vtterly defeated in bloodie battels , are to be considered . then were the times or neuer , for the pope to vnsheath his weapons , and to vn-case his arrowes of deposition ; then were the times to drawe them out of his quiuer , and to shoote at all such arrian heads : then were the times by dispensations to release their subiects of their oathes , by that peremptory meanes to aide and strengthen the catholike cause . but in that age the said weapons were not knowne to haue been hammered in the pontificall forge . gregory i. made his boasts , that he was able to ruine the lombards , ( for many yeeres together sworne enemies to the bishops of rome ) their state present , and the hope of all their future prosperity . but hee telleth vs , that by the feare of god before his eyes and in his heart , he was bridled and restrained from any such intent , as elswhere we haue obserued : if j would haue medled with practising and procuring the death of the lombards , the whole nation of the lombards at this day had been robbed of their kings , dukes , earles , they had beene reduced to the tearmes of extreame confusion . hee might at least haue deposed their king , ( if the credit of the l. cardinals iudgement bee currant ) without polluting or stayning his owne conscience . what can we tearm this assertion of the l. cardinall , but open charging the most auncient bishops of rome with crueltie , when they would not succour the church of christ oppressed by tyrants , whose oppression they had power to represse by deposing the oppressors . is it credible , that iesus christ hath giuen a commission to s. peter and his successors for so many ages , without any power to execute their commission , or to make any vse thereof by practise ? is it credible , that he hath giuen them a sword to be kept in the scabbard , without drawing once in a thousand yeeres ? is it credible , that in the times when popes were most deboshed , abandoning themselues to all sorts of corrupt and vitious courses , as it testified by their own flaterers and best affected seruants ; is it credible that in those times they beganne to vnderstand the vertue and strength of their commission ? for if either feare or lacke of power , was the cause of holding their hands , and voluntarie binding of themselues to the peace or good behauiour : wherefore is not some one pope at least produced , who hath complained that he was hindered from executing the power that christ had conferred vpon his pontificall see ? wherefore is not some one of the auncient and holy fathers alledged , by whom the pope hath bin aduised and exhorted to take courage , to stand vpon the vigor and sinewes of his papall office , to vnsheath and vnease his bolts of thunder against vngodly princes , and grieuous enemies to the church ? wherefore liuing vnder christian and gracious emperours , haue they not made knowne the reasons , why they were hindred from drawing the pretended sword ; least long custome of not vsing the sword so many ages , might make it so to rust in the scabbard , that when there should bee occasion to vse the said sword , it could not be drawne at all ; and least so long custome of not vsing the same , should confirme prescription to their greater preiudice ? if weakenes bee a iust let , how is it come to passe , that popes haue enterprised to depose philip the faire , lewis the xii . and elizabeth my predecessor of happy memorie ; ( to let passe others ) in whom experience hath well prooued , how great inequalitie was between their strengths ? yea , for the most part from thence growe most grieuous troubles and warres , which iustly recoyle and light vpon his owne head ; as happened to gregory the vii . and boniface the viii . this no doubt is the reason , wherefore the pope neuer sets in ( for feare of such inconueniences ) to blast a king with lightning and thunder of deposition , but when he perceiues the troubled waters of the kingdome by some strong faction setled in his estate ; or when the king is confined , and bordered by some prince more potent , who thirsteth after the prey , & is euer gaping for some occasion to picke a quarrell . the king standing in such estate , is it not as easie for the pope to pull him downe , as it is for a man with one hand to thrust downe a tottering wall , when the groundsil is rotten , the studdes vnpind and nodding or bending towards the ground ? but if the king shall beare down and break the faction within the realme ; if hee shall get withall the vpper hand of his enemies out of the kingdome ; then the holy father presents him with pardons neuer sued for , neuer asked ; and in a fathers indulgence forsooth , giues him leaue stil to hold the kingdome , that he was not able by all his force to wrest and wring out of his hand , no more then the clubbe of hercules out of his fist . how many worthy princes , incensed by the pope , to conspire against soueraigne lords their masters , and by open rebellion to worke some change in their estates , haue miscarried in the action , with losse of life , or honour , or both ? for example ; rodulphus duke of sueuia was eg'd on by the pope , against henrie iiii. of that name , emperour . how many massacres , how many desolations of cities and townes , how many bloody battels ensued thereupon ? let histories be searched , let iust accompts be taken , and beside sieges laid to cities , it wil appeare by true computation , that henrie iiii. and frederic the i. fought aboue threescore battels , in defence of their owne right against enemies of the empire , stirred vp to armes by the popes of rome . how much christian blood was then split in these bloody battels , it passeth mans witte , penne , or tongue to expresse . and to giue a little touch vnto matters at home ; doth not his holinesse vnderstand right well the weakenesse of papists in my kingdome ? doth not his holinesse neuerthelesse animate my papists to rebellion , and forbid my papists to take the oath of allegiance ? doth not his holinesse by this means draw ( so much as in him lieth ) persecution vpon the backes of my papists as vpon rebells , and expose their life as it were vpon the open stall , to be sold at a very easie price ? all these examples , either ioynt or seuerall , are manifest and euident proofes , that feare to drawe mischiefe and persecution vpon the church , hath not barred the popes from thundering against emperours and kings , whensoeuer they conceiued any hope , by their fulminations to aduance their greatnesse . last of all ; i referre the matter to the most possessed with preiudice , euen the very aduersaries , whether this doctrine , by which people are trained vp in subiection vnto infidel or hereticall kings , vntill the subiects be of sufficient strength to mate their kings , to expell their kings , and to depose them from their kingdomes , doth not incense the turkish emperours and other infidel princes , to roote out all the christians that drawe in their yoke , as people that waite onely for a fit occasion to rebell , and to take themselues ingaged for obedience to their lords , onely by constraint and seruile feare . let vs therefore now conclude with ozius , in that famous epistle speaking to constantius an arrian hereticke : as hee that by secret practise or open violence would bereaue thee of thy empire , should violate gods ordinance : so be thou touched with feare , least , by vsurping authoritie ouer church matters , thou tumble not headlong into some hainous crime . where this holy bishop hath not vouchsafed to insert and mention the l. cardinals exception ; to wit , the right of the church alwaies excepted and saued , when she shall be of sufficient strength to shake off the yoke of emperours . neither speaks the same holy bishop of priuate persons alone , or men of some particular condition and calling ; but he setteth downe a generall rule for all degrees , neuer to impeach imperial maiestie vpon any pretext whatsoeuer . as his lordships first reason drawn from weakenesse is exceeding weake : so is that which the l. cardinall takes vp in the next place : he telleth vs there is very great difference betweene pagan emperours , and christian princes : pagan emperours who neuer did homage to christ , who neuer were by their subiects receiued , with condition to acknowledge perpetuall subiection vnto the empire of christ ; who neuer were bound by oath and mutuall contract betweene prince and subiect . christian princes who slide backe by apostasie , degenerate by arrianisme , or fall away by mahometisme . touching the latter of these two , ( as his lordshippe saith ) if they shall as it were take an oath , and make a vowe contrary to their first oath and vow made and taken when they were installed , and contrary to the condition vnder which they receiued the scepter of their fathers ; if they withall shall turne persecutors of the catholike religion ; touching these i say , the l. cardinal holds , that without question they may be remooued from their kingdomes . he telleth vs not by whome , but euery where he meaneth by the pope . touching kings deposed by the pope vnder pretence of stupidity , as childeric ; or of matrimoniall causes , as philip i. or for collating of benefices , as philip the faire ; not one word . by that point he easily glideth , and shuffles it vp in silence , for feare of distasting the pope on the one side , or his auditors on the other . now in alledging this reason , his lordship makes all the world a witnesse , that in deposing of kings , the pope hath no eye of regard to the benefit and securitie of the church . for such princes as neuer suckt other milke then that of infidelitie , and persecution of religion , are no lesse noisome and pernicious vermin to the church , then if they had sucked of the churches breasts . and as for the greatnesse of the sinne or offence , it seemes to me there is very little difference in the matter . for a prince that neuer did sweare any religious obedience to iesus christ , is bound no lesse to such obedience , then if he had taken a solemne oath . as the sonne that rebelliously stands vp against his father , is in equall degree of sinne , whether he hath sworn or not sworn obedience to his father : because hee is bound to such obedience , not by any voluntarie contract or couenant , but by the law of nature . the commaundement of god to kisse the sonne , whom the father hath confirmed and ratified king of kings , doth equally bind all kings , as wel pagans as christians . on the other side , who denies , who doubts , that constantius emperour at his first steppe or entrance into the empire , did not sweare and bind himselfe by solemne vowe , to keepe the rules and to maintaine the precepts of the orthodox faith , or that he did not receiue his fathers empire vpon such condition ? this notwithstanding , the bishop of rome pulled not constantius from his imperial throne , but constantius remooued the bishop of rome from his papall see. and were it so , that an oath taken by a king at his consecration , and after violated , is a sufficient cause for the pope to depose an apostate or hereticall prince ; then by good consequence the pope may in like sort depose a king , who beeing neither dead in apostasie , nor sicke of heresie , doth neglect onely the due administration of iustice to his loyall subiects . for his oath taken at consecration importeth likewise , that he shall minister iustice to his people . a point wherein the holy father is held short by the l. cardinall , who dares prescribe new lawes to the pope , and presumes to limit his fulnesse of power , within certaine meeres and head-lands , extending the popes power only to the deposing of christian kings , when they turne apostats forsaking the catholike faith ; and not such princes as neuer breathed any thing but pure paganisme , and neuer serued vnder the colours of iesus christ . meane while his lordship forgets , that king attabaliba was deposed by the pope from his kingdome of peru , and the said kingdome was conferred vpon the king of spaine , though the said poore king of peru , neuer forsook his heathen superstition ; and though the turning of him out of his terrestrial kingdome was no way to conuert him vnto the faith of christ . yea his lordship a little after telleth vs himselfe , that be the turkes possession in the conquests that hee maketh ouer christians neuer so auncient , yet by no long tract of time whatsoeuer , can he gaine so much as a thumbes breadth of prescription : that is to say , the turke for all that is but a disseisor , one that violently and wilfully keeps an other man from his owne , and by good right may be dispossessed of the same : whereas notwithstanding the turkish emperours neuer fauoured nor sauoured christianitie . let vs runne ouer the examples of kings whome the pope hath dared and presumed to depose ; and hardly will any one be found , of whome it may be truely auouched , that he hath taken an oath contrary to his oath of subiection to iesus christ , or that hee hath wilfully cast himselfe into apostaticall defection . and certes to any man that weighs the matter with due consideration , it will be found apparantly false , that kings of france haue been receiued of their subiects at any time , with condition to serue iesus christ . they were actually kings before they came foorth to the solemnity of their sacring , before they vsed any stipulation or promise to their subiects . for in hereditary kingdomes , ( nothing more certain , nothing more vncontroulable ) the kings death instantly maketh liuery and seisin of the royalty , to his next successor . nor is it materiall to reply , that a king succeeding by right of inheritance , takes an oath in the person of his predecessor . for euery oath is personall , proper to the person by whom it is taken : and to god no liuing creature can sweare , that his owne sonne or his heire shall prooue an honest man. well may the father , and with great solemnitie , promise that he will exhort his heire apparant with all his power and the best of his endeauours , to feare god and to practise pietie . if the fathers oath be agreeable to the duties of godlines , the sonne is bound thereby , whether he take an oath , or take none . on the other side , if the fathers oath come from the puddles of impietie , the sonne is bound thereby to goe the contrarie way . if the fathers oath concerne things of indifferent nature , and such as by the varietie or change of times , become either pernicious or impossible ; then it is free for the kings next successor and heire , prudently to fit and proportion his lawes vnto the times present , and to the best benefit of the commonwealth . when i call these things to mind with some attention , i am out of all doubt his lordship is very much to seek , in the right sense and nature of his kings oath taken at his coronation , to defend the church and to perseuere in the catholike faith . for what is more vnlike and lesse credible then this conceit , that after clouis had raigned . yeeres in the state of paganisme , and then receiued holy baptisme , he should become christian vpon this condition , that in case hee should afterward revolt from the faith , it should then bee in the power of the church , to turne him out of his kingdome ? but had any such conditionall stipulation beene made by clouis , in very good earnest and truth ; yet would hee neuer haue intended , that his deposing should be the act of the romane bishop , but rather of those ( whether peeres , or people , or whole body of the state ) by whom he had been aduanced to the kingdome . let vs heare the truth , and this is the truth : it is farre from the customarie vse in france , for their kings to take any such oath , or to vse any such stipulation with their subiects . if any king or prince wheresoeuer , doth vse an oath or solemne promise in these expresse tearmes , let mee loose my kingdome , or my life , be that day my last both for life and raigne , when i shall first reuolt from the christian religion : by these words he calleth vpon god for vengeance , he vseth imprecation against his owne head : but he makes not his crowne to stoope by this meanes , to any power in the pope , or in the church , or in the people . and touching inscriptions vpon coines , of which point his lordship speaketh by the way ; verily the nature of the money or coine ( the stamping and minting whereof is one of the markes of the prince his dignity and soueraignty ) is not changed by bearing the letters of christs name , on the reuerse or on the front . such characters of christs name , are aduertisements and instructions to the people , that in shewing and yeelding obedience vnto the king , they are obedient vnto christ ; and those princes likewise , who are so well aduised to haue the most sacred names inscribed and printed in their coines , doe take and acknowledge iesus christ for supreame king of kings . the said holy characters are no representation or profession , that any kings crown dependeth vpon the church , or can be taken away by the pope . the l. cardinal indeed so beareth vs in hand . but he inuerts the words of iesus christ , and wrings them out of the right ioynt . for christ without all ambiguity and circumlocution , by the image and inscription of the money , doth directly and expressely prooue caesar to be free from subiection , and intirely soueraigne . now if such a supreme and soueraigne prince , at any time shal bandie and combine against god , and thereby shall become a rebellious and perfidious prince ; doubtlesse for such disloyalty he shall deserue , that god would take from him all hope of life eternall : and yet hereby neither pope nor people hath reason to be puft vp , in their power to depriue him of his temporall kingdome . the l. cardinal saith besides : the champions of the popes power to depose kings , doe expound that commandement of s. paul , whereby euery soule is made subiect vnto the superiour powers , to be a prouisionall precept or caution accommodated to the times ; and to stand in force , only vntill the church was growne in strength vnto such a scantling , that it might be in the power of the faithfull , without shaking the pillars of christian state , to stand in the breach , and cautelously to prouide that none but christian princes might be receiued : according to the law in deut. thou shalt make thee a king frō among thy brethren . the reason whereupon they ground is this : because paul saith , it is a shame for christians to bee iudged vnder vniust infidels , in matters or busines , which they had one against an other . for which inconuenience , iustinian after prouided by lawe ; when he ordained that no infidell nor heretike might be admitted to the administration of iustice in the commonwealth . in which words of the cardinall , the word receiued , is to be obserued especially and aboue the rest . for by chopping in that word , he doth nimbly and with a trick of legier-de-main , transforme or change the very state of the question . for the question or issue of the cause , is not about receiuing , establishing , or choosing a prince ; ( as in those nations where the kingdome goes by election ) but about doing homage to the prince , when god hath setled him in the kingdome , and hath cast it vpon a prince by hereditary succession . for that which is written , thou shalt make thee a king , doth no way concerne and touch the people of france in these dayes : because the making of their king hath not of long time been tyed to their election . the passage therefore in deuteron ▪ makes nothing to the purpose ; no more then doth iustinians law . for it is our free and voluntary confession , that a christian prince is to haue speciall care of the laws , and to prouide that no vnbeleeuer be made lord cheife-iustice of the land , that no infidell be put in trust with administration of iustice to the people . but here the issue doth not direct vs to speake of delegates , of subordinate magistrates , and such as are in commission from the prince , but of the supreame prince himselfe , the soueraigne magistrate ordained by nature , and confirmed by succession . our question is , whether such a prince can be vnthroned by the pope , by whom he was not placed in the throne ; and whether the pope can despoile such a prince , of that royaltie which was neuer giuen him by the pope , vnder any pretended colour and imputation of heresie , of stupiditie , or infringing the priuiledges of monasteries , or transgressing the lawes and lines of holy matrimonie . now that saint pauls commandement which bindeth euery soule in the bands of subiection vnto the higher powers , is no precept giuen by way of prouiso , and onely to serue the times , but a standing and a perpetuall rule , it is hereby more then manifest . s. paul hath grounded this commandement vpon certaine reasons , not only constant and permanent by their proper nature , but likewise necessary for euery state , condition , and revolution of the times . his reasons ; because all powers are ordained of god : because resisting of powers is resisting the ordinance of god : because the magistrate beares the sword to execute iustice : because obedience and subiection to the magistrate is necessary , not onely for feare of his wrath , or feare of punishment , but also for conscience sake . it is therefore a case grounded vpon conscience , it is not a law deuised by humane wisedome ; it is not fashionable to the qualities of the times . apostolicall instructions for the right informing of manners , are not changeable according to times and seasons . to vse the l. cardinals language , and to followe his fancie in the matter , is to make way for two pestiferous mischeifes : first , let it be free and lawfull for christians , to hold the commanding rules of god for prouisionall cautions , and what followes ? men are lead into the broad way of impietie , and the whole scripture is wiped of all authority . then againe , for the other mischeife : the glorious triumphs of most blessed martyrs in their vnspeakeable torments and sufferings , by the l. cardinalls position shall be iudged vnworthy to weare the title and crown of martyrdom . how so ? because ( according to his new fiction ) they haue giuen place to the violence and fury of heathen magistrates , not in obedience to the necessary and certaine commaundement of god , but rather to a prouisionall direction , accommodated to the humours of the times . and therefore the l. cardinall hath vsed none other clay wherewith to dawbe ouer his deuise , but plaine falsification of holy scripture . for he makes the apostle say to the corinthians , it is a shame for christians to be iudged vnder vnbeleeuing magistrates : whereas in that whole context of paul , there is no such matter . for when the apostle saith , i speake it euen to your shame ; hee doth not say it is a shame for a beleeuer to be iudged vnder an infidel , but he makes thē ashamed of their vngodly course , and vnchristian practise , that in suing and impleading one an other , they laid their actions of contention in the courts of vnbeleeuing iudges . the shame was not in bearing that yoke which god had charged their necks withall , but in deuouring and eating vp one an other with writs of habeas corpus , and with other processes ; as also in vncouering the shame , in laying open the shamefull parts and prankes played by christians , before infidels , to the great scandall of the church . here i say the l. cardinall is taken in a tricke of manifest falsification . if therefore a king when hee falls to play the heretike , deserueth to be deposed ; why shall not a cardinall when hee falls to play the iuggler with holy scripture , deserue to be disrobed ? meane while the indifferent reader is to consider , how greatly this doctrine is preiudiciall , and how full of danger , to christians liuing vnder heretical or pagan princes . for make it once knowne to the emperour of turkes , let him once get neuer so little a smacke of this doctrine ; that christians liuing vnder his empire do take gods commaundement , for obedience to princes whom they count infidels , to bee onely a prouisionall precept for a time , and wait euery houre for all occasions to shake off the yoke of his bondage ; doubtlesse he will neuer spare with all speed to roote the whole stocke , with all the armes and branches of christians , out of his dominions . adde hereunto the l. cardinalls former determination ; that possession kept neuer so long by the turk in his conquests ouer christians , gaines him not by so long tract of time one inch of prescription ; and it wil appeare , that his lordship puts the turkish emperour in mind , and by his instruction leades the said emperour as it were by the hand , to haue no manner of affiance in his christian subiects ; and withall to afflict his poore christians with all sorts of most grieuous and cruell torments . in this regard the poore christians of graecia and syria , must needes be very little beholden to his lordship . as for my selfe , and my popish subiects , to whome i am no lesse then an heretike forsooth ; am not i by this doctrine of the cardinall , pricked and whetted against my naturall inclination , to turne clemencie into rigour ; seeing that by his doctrine my subiects are made to beleeue , they owe me subiection onely by way of prouiso , and with waiting the occasion to worke my vtter destruction and final ruine ? the rather , because turkes , miscreants , and heretikes are mashalled by the cardinall in the same ranke ; and heretikes are counted worse , yea more iustly deposeable , then turkes and infidels , as irreligious breakers and violaters of their oath ? who seeth not here how great indignitie is offered to me a christian king ? paralleld with infidels , reputed worse then a turke , taken for an vsurper of my kingdomes , reckoned a prince , to whom subiects owe a forced obedience by way of prouision , vntill they shall haue meanes to shake off the yoke , and to bare my temples of the crowne , which neuer can be pulled from the sacred head , but with losse of the head it selfe ? touching the warres vndertaken by the french , english , and germaines , in their expedition for ierusalem , it appeares by the issue and euent of the said warres , that god approoued them not for honourable . that expedition was a deuise and inuention of the pope , whereby he might come to be infeoffed in the kingdoms of christian princes . for then al such of the french , english , or germaines , as vndertooke the croisade , became the popes meere vassals . then all robbers by the high way side , adulterers , cut-throats , and base bankerupts , were exempted from the secular and ciuil power , their causes were sped in consistorian courts , so soone as they had gotten the crosse on their cassocks or coat-armours , and had vowed to serue in the expedition for the leuant . then for the popes pleasure and at his commaundement , whole countryes were emptied of their nobles and common souldiers . then they made long marches into the leuant . for what purpose ? onely to die vpon the points of the saracens pikes , or by the edge of their barbarous courtelasses , battle-axes , fauchions , and other weapons , without any benefit and aduantage to themselues or others . then the nobles were driuen to sell their goodly mannors , and auncient demaines to the church-men , at vnder prises and low rates ; the very roote from which a great part of the church and church-mens reuenewes hath sprung and growne to so great height . then , to bee short , his most bountifull holinesse gaue to any of the riffe-raffe-ranke , that would vndertake this expedition into the holy land , a free and full pardon for all his sinnes , besides a degree of glory aboue the vulgar in the celestiall paradise . military vertue , i confesse , is commendable and honourable ; prouided it be employed for iustice , and that generous noblenesse of valiant spirits be not vnder a colour and shadow of piety , fetcht ouer with some casts or deuises of italian cunning . now let vs obserue the wisedome of the l. cardinall through this whole discourse . his lordship is pleased in his oration , to cite certaine few passages of scripture , culls and picks them out for the most gracefull in shewe : leaues out of his list whole troupes of honourable witnesses , vpon whose testimonie , the popes themselues and their principall adherents doe build his power to depose kings , and to giue order for all temporall causes . take a sight of their best and most honourable witnesses . peter said to christ , see here two swords ; and christ answered , it is sufficient . christ said to peter , put vp thy sword into thy sheath . god said to ieremie , i haue established thee ouer nations and kingdomes . paul said to the corinthians , the spirituall man discerneth all things . christ said to his apostles , whatsoeuer yee shall loose vpon earth : by which words the pope hath power forsooth to loose the oath of allegiance . moses said , in the beginning god created the heauen and the earth . vpon these passages , pope boniface . grapling and tugging with philip the faire , doth build his temporall power . other popes and papists auouch the like authorities . christ said of himself , all things are giuen to me of my father , and all power is giuen vnto me in heauen and in earth . the deuils said , if thou cast vs out , send vs into this herd of swine . christ said to his disciples , yee shall finde the colt of an asse bound , loose it and bring it vnto me . by these places the aduersaries prooue , that christ disposed of temporall matters ; and inferre thereupon , why not christs vicar as well as christ himselfe . the places and testimonies now following are very expresse : in stead of thy fathers shall be thy children : thou shalt make them princes through all the earth . item , iesus christ not onely commaunded peter to feed his lambs ; but said also to peter , arise , kill , and eat : the pleasant glosse , the rare inuention of the l. cardinall baronius . christ said to the people , if i were lift vp from the earth , i wil draw all things vnto me . who lets , what hinders this place from fitting the pope ? paul said to the corinthians , know ye not that we shall iudge the angels ? how much more then the things that pertaine vnto this life ? a little after , haue not wee power to eate ? these are the chiefe passages , on which as vpon maine arches , the roofe of papall monarchie , concerning temporall causes , hath rested for three or foure ages past . and yet his lordship durst not repose any confidence in their firme standing to beare vp the said roofe of temporall monarchie , for feare of making his auditors to burst with laughter . a wise part without question , if his lordship had not defiled his lips before , with a more ridiculous argument drawne from the leprosie and drie scab . let vs now by way of comparison behold iesus christ paying tribute vnto caesar , and the pope making caesar to pay him tribute : iesus christ perswading the iewes to pay tribute vnto an heathen emperour , and the pope dispensing with subiects for their obedience to christian emperours : iesus christ refusing to arbitrate a controuersie of inheritance partable betweene two priuate parties , and the pope thrusting in himselfe without warrant or commission to be absolute iudge in the deposing of kings : iesus christ professing that his kingdome is not of this world , and the pope establishing himselfe in a terrene empire . in like manner the apostles forsaking all their goods to followe christ , and the pope robbing christians of their goods ; the apostles persecuted by pagan emperours , and the pope now setting his foote on the very throate of christian emperours , then proudly treading imperiall crownes vnder his feete . by this comparison , the l. cardinals allegation of scripture in fauour of his master the pope , is but a kind of puppet-play , to make iesus christ a mocking stocke , rather then to satisfie his auditors with any sound precepts and wholesome instructions . hereof hee seemeth to giue some inckling himselfe . for after he hath beene plentifull in citing authorities of scripture , and of newe doctors , which make for the popes power to depose kings ; at last he comes in with a faire and open confession , that neither by diuine oracles , nor by honourable antiquitie , this controuersie hath beene yet determined : and so pulls downe in a word with one hand , the frame of worke that he had built and set vp before with an other : discouering withal the reluctation and priuie checkes of his owne conscience . there yet remaineth one obiection , the knot whereof the l. cardinall in a manner sweateth to vntie . his words be these : the champions for the negatiue flie to the analogie of other proceedings and practises in the chruch . they affirme that priuate persons , masters or owners of goods and possessions among the common people , are not depriued of their goods for heresie ; and consequently that princes much more should not for the same crime bee depriued of their estates . for answer to this reason , he brings in the defendants of deposition , speaking after this manner : in the kingdom of france the strict execution of lawes decreed in court against heretickes , is fauourably suspended and stopped , for the preseruation of peace and publike tranquilitie . he saith elsewhere , conniuence is vsed towards these heretikes in regard of their multitude , because a notable part of the french nation and state is made all of heretikes . i suppose that out of speciall charitie , hee would haue those heretikes of his own making , forewarned what courteous vse and intreaty they are to expect ; when hee affirmeth that execution of the lawes is but suspended . for indeed suspensions hold but for a time . but in a cause of that nature and importance , i dare promise my selfe , that my most honoured brother the king of france , will make vse of other counsell : will rather seek the amitie of his neighbour princes , and the peace of his kingdom : will beare in minde the great and faithfull seruice of those , who in matter of religion dissent from his maiestie , as of the onely men that haue preserued and saued the crowne for the king his father , of most glorious memorie . i am perswaded my brother of france will beleeue , that his liege people pretended by the l. cardinall to be heretikes , are not halfe so bad as my romane catholike subiects , who by secret practises vnder-mine my life , serue a forraine soueraigne , are discharged by his bulls of their obedience due to me their naturall soueraigne , are bound ( by the maximes and rules published and maintained in fauour of the pope , before this full and famous assembly of the estate at paris ; if the said maximes be of any weight and authoritie ) to hold me for no lawfull king , are there taught and instructed that pauls commandement concerning subiection vnto the higher powers , aduerse to their professed religion , is onely a prouisionall precept , framed to the times , and watching for the opportunitie to shake off the yoake . all which notwithstanding , i deale with such romane-catholiks by the rules and waies of princely clemencie ; their hainous and pernicious error , in effect no lesse then the capitall crime of high treason , i vse to call some disease or distemper of the mind . last of all , i beleeue my said brother of france will set downe in his tables , as in record , how little he standeth ingaged to the lord cardinal in this behalfe . for those of the reformed religion professe and proclaim , that next vnder god , they owe their preseruation and safetie to the wisedome and benignity of their kings . but now comes the cardinall , and hee seekes to steale this perswasion out of their hearts : hee tells them in open parliament , and without any going about bushes , that all their welfare and securitie standeth in their multitude , and in the feare which others conceiue to trouble the state , by the strict execution of lawes against heretikes . he addeth moreouer , that jn case a third sect should peepe out and growe vp in france , the professors thereof should suffer confiscation of their goods , with losse of life it selfe : as hath been practised at geneua against seruetus , and in england against arrians . my answer is this , that punishments for heretikes , duely and according to law conuicted , are set downe by decrees of the ciuil magistrate , bearing rule in the countrey where the said heretikes inhabite , and not by any ordinances of the pope . i say withall , the l. cardinal hath no reason to match and parallell the reformed churches with seruetus and the arrians . for those heretikes were powerfully conuicted by gods word , and lawfully condemned by the auncient generall councils , where they were permitted and admitted to plead their owne cause in person . but as for the truth professed by me , and those of the reformed religion , it was neuer yet hissed out of the schooles , nor cast out of any councill , ( like some parliament bills ) where both sides haue been heard with like indifferencie . yea , what councill soeuer hath beene offered vnto vs in these latter times , it hath been proposed with certaine presuppositions : as , that his holinesse ( beeing a partie in the cause , and consequently to come vnder iudgement as it were to the barre vpon his triall ) shall be the iudge of assize with commission of oyer and determiner : it shall be celebrated in a citie of no safe accesse , without safe conduct or conuoy to come or goe at pleasure , and without danger : it shall be assembled of such persons with free suffrage and voice , as vphold this rule , ( which they haue alreadie put in practise against iohn hus and hierom of prage ) that faith giuen , and oath taken to an heretike , must not be obserued . now then to resume our former matter ; if the pope hitherto hath neuer presumed , for pretended heresie to confiscate by sentence , either the lands or the goods of priuate persons , or common people of the french nation , wherfore should he dare to dispossesse kings of their royall thrones ? wherefore takes he more vpon him ouer kings , then ouer priuate persons ? wherefore shal the sacred heads of kings be more churlishly , vnciuilly , and rigorously handled , then the hoods of the meanest people ? here the l. cardinal in stead of a direct answer , breakes out of the lists , alleadging cleane from the purpose examples of heretikes punished , not by the pope , but by the ciuill magistrate of the countrey . but bellarmine speakes to the point with a more free and open heart : he is absolute and resolute in this opinion , that his holinesse hath plenarie power to dispose all temporall estates and matters in the whole world : i am confident ( saith bellarmine ) and i speake it with assurance , that our lord iesus christ in the dayes of his mortalitie , had power to dispose of all temporall things ; yea , to strippe soueraign kings and absolute lords of their kingdomes and seignories : and without all doubt hath granted and left euen the same power vnto his vicar , to make vse thereof whensoeuer he shall thinke it necessary for the saluation of soules . and so his lordship speaketh without exception of any thing at all . for who doth not knowe , that iesus christ had power to dispose no lesse of priuate mens possessions , then of whole realmes and kingdomes at his pleasure , if it had been his pleasure to display the ensignes of his power ? the same fulnesse of power is likewise in the pope . in good time : belike his holinesse is the sole heire of christ , in whole and in part . the last lateran council fineth a laic that speaketh blasphemie , for the first offence ( if he be a gentleman ) at . ducats , and at . for the second . it presupposeth and taketh it for graunted , that the church may rifle and ransacke the purses of priuate men , and cast lots for their goods . the councill of trent diggeth as deepe for the same veine of gold and siluer . it ordaines ; that emperours , kings , dukes , princes , and lords of cities , castles , and territories holding of the church , in case they shall assigne any place within their limits or liberties for the duell between two christians , shal be depriued of the said citie , castle , or place , where such duell shall be performed , they holding the said place of the church by any kind of tenure : that all other estates held in fee where the like offence shall be committed , shall foorthwith fall and become forfeited to their immediate and next lords : that all goods , possessions , and estates , as well of the combatants themselues , as of their seconds shall be confiscate . this council doth necessarily presuppose , it lieth in the hand and power of the church , to dispose of all the lands and estates , held in fee throughout all christendome ; ( because the church forsooth can take from one , and giue vnto an other all estates held in fee whatsoeuer , as well such as hold of the church , as of secular lords ) and to make ordinances for the confiscation of all priuate persons goods . by this canon the kingdome of naples hath need to looke well vnto it selfe . for one duell it may fal into the exchecker of the romane church : because that kingdome payeth a reliefe to the church , as a royaltie or seignorie that holdeth in fee of the said church . and in france there is not one lordship , not one mannor , not one farme which the pope by this means cannot shift ouer to a new lord. his lordship therefore had carried himselfe and the cause much better , if in stead of seeking such idle shifts , he had by a more large assertion maintained the popes power to dispose of priuate mens possessions , with no lesse right and authoritie then of kingdomes . for what colour of reason can be giuen , for making the pope lord of the whole , and not of the parts ? for making him lord of the forrest in grosse , and not of the trees in parcell ? for making him lord of the whole house , and not of the parlour or the dining chamber ? his lordship alleadgeth yet an other reason , but of no better weight : betweene the power of priuate owners ouer their goods , and the power of kings ouer their estates , there is no little difference . for the goods of priuate persons are ordained for their owners , and princes for the benefit of their common-wealths . heare me now answer . if this cardinal-reason hath any force to inferre , that a king may lawfully be depriued of his kingdome for heresie , but a priuate person cannot for the same crime bee turned out of his mansion house ; then it shall follow by the same reason , that a father for the same cause may be depriued of all power ouer his children , but a priuate owner cannot be depriued of his goods in the like case : because goods are ordained for the benefit and comfort of their owners , but fathers are ordained for the good and benefit of their children . but most certaine it is , that kings representing the image of god in earth and gods place , haue a better and closer seat in their chaires of estate , then any priuate persons haue in the saddle of their inheritances and patrimonies , which are daily seene for sleight causes , to flit and to fall into the hands of newe lords . whereas a prince beeing the head , cannot be loosed in the proper ioynt , nor dismounted ; like a cannon when the carriage thereof is vnlockt , without a sore shaking and a most grieuous dislocation of all the members , yea without subuerting the whole bodie of the state , whereby priuate persons without number are inwrapped together in the same ruine : euen as the lower shrubs and other brush-wood are crushed in peices altogether by the fall of a great oake . but suppose his lordships reason were somewhat ponderous and solide withall , yet a king ( which would not be forgotten ) is indowed not onely with the kingdome , but also with auncient desmenes and crowne-lands , for which none can be so simple to say , the king was ordained and created king ; which neuerthelesse he looseth when he looseth his crowne . admit againe this reason were of some pith , to make mighty kings more easily deposeable then priuate persons from their patrimonies ; yet all this makes nothing for the deriuing and fetching of deposition from the popes consistorie . what hee neuer conferred , by what right or power can hee claime to take away ? but see here no doubt a sharpe and subtile difference put by the l. cardinall betweene a kingdome , and the goods of priuate persons . goods , as his lordship saith , are without life : they can be constrained by no force , by no example , by no inducement of their owners to loose eternall life : subiects by their princes may . now i am of this contrary beleefe , that an hereticall owner , or master of a family , hath greater power and means withall , to seduce his owne seruants and children , then a prince hath to peruert his owne subiects ; and yet for the contagion of heresie , and for corrupt religion , children are not remooued from their parents , nor seruants are taken away from their masters . histories abound with examples of most flourishing churches , vnder a prince of contrary religion . and if things without life or soule are with lesse danger left in an heretikes hands ; why then shall not an hereticall king with more facilitie and lesse danger keep his crown , his royall charge , his lands , his customes , his imposts ? &c. for will any man , except he bee out of his wits , affirme these things to haue any life or soule ? or why shall it be counted follie , to leaue a sword in the hand of a mad bedlam ? is not a sword also without life and soule ? for my part , i should rather be of this minde ; that possession of things without reason , is more dangerous and pernicious in the hands of an euill master , then the possession of things indued with life and reason . for things without life lacke both reason and iudgement , how to exempt and free themselues from being instruments in euill and wicked actions , from beeing emploied to vngodly and abhominable vses . i will not deny , that an hereticall prince is a plague , a pernicious and mortal sicknes to the soules of his subiects . but a breach made by one mischiefe , must not be filled vp with a greater inconuenience . an errour must not be shocked and shouldered with disloialtie , nor heresie with periurie , nor impietie with sedition and armed rebellion against god and the king. god , who vseth to try and to schoole his church , will neuer forsake his church : nor hath need to protect his church by any proditorious and prodigious practises of perfidious christians . for hee makes his church to be like the burning bush . in the middest of the fire and flames of persecutions , he will prouide that she shall not bee consumed , because he standeth in the midst of his church . and suppose there may bee some iust cause for the french , to play the rebels against their king ; yet will it not follow , that such rebellious motions are to be raised by the bellowes of the romane bishop , to whose pastorall charge and office it is nothing proper , to intermeddle in the ciuill affaires of forraine kingdomes . here is the summe and substance of the l. cardinals whole discourse , touching his pretence of the second inconuenience . which discourse he hath closed with a remarkeable confession : to wit , that neither by the authoritie of holy scripture , nor by the testimony and verdict of the primitiue church , there hath beene any full decision of this question . in regard whereof he falleth into admiration , that lay-people haue gone so farre in audaciousnesse , as to labour that a doubtfull doctrine might for euer passe currant , and be taken for a newe article of faith . what a shame , what a reproach is this ? how full of scandall ? for so his lordship is pleased to cry out . this breakes into the seueralls and inclosures of the church : this lets in whole herds of heresies to grase in her green and sweet pastures . on the other side , without any such rhetoricall outcries , i simply affirme : it is a reproach , a scandall , a crime of rebellion , for a subiect hauing his full charge and loade of benefits , in the newe spring of his kings tender age , his king-fathers blood yet reeking , and vpon the point of an addresse for a double match with spaine ; in so honourable an assembly , to seek the thraldome of his kings crown , to play the captious in cauilling about causes of his kings deposing , to giue his former life the lie with shame enough in his olde age , and to make himselfe a common by-word , vnder the name of a problematicall martyr ; one that offers himselfe to fagot and fire for a point of doctrine but problematically handled , that is , distrustfully and onely by way of doubtfull and questionable discourse : yea for a point of doctrine , in which the french ( as he pretendeth ) are permitted to thwart and crosse his holines in iudgement , prouided they speake in it as in a point not certaine and necessary , but onely doubtfull and probable . the third jnconvenience examined . the third inconuenience pretended by the l. cardinall to growe by admitting this article of the third estate , is flourished in these colours : it would breede and bring forth an open and vnauoideable schism against his holinesse , and the rest of the whole ecclesiasticall bodie . for thereby the doctrine long approoued and ratified by the pope and the rest of the church , should now be taxed and condemned of impious and most detestable consequence ; yea the pope and the church , euen in faith and in points of saluation , should be reputed and beleeued to be erroniously perswaded . hereupon his lordship giues himselfe a large scope of the raines , to frame his elegant amplifications against schismes and schismatikes . now to mount so high , and to flie in such place vpon the wings of amplification for this inconuenience , what is it else but magnifically to report and imagine a mischeife by many degrees greater then the mischeife is ? the l. cardinal is in a great error , if he make himselfe beleeue , that other nations wil make a rent or separation from the communion of the french , because the french stand to it tooth and nayle , that french crownes are not liable or obnoxious to papall deposition ; howsoeuer there is no schisme that importeth not separation of communion . the most illustrious republike of venice , hath imbarked herselfe in this quarrell against his holinesse ▪ hath played her prize , and carried away the weapons with great honour . doth she , notwithstanding her triumph in the cause , forbeare to participate with all her neighbors in the same sacraments ? doth she liue in schisme with all the rest of the romane church ? no such matter . when the l. cardinal himselfe not many yeeres past , maintained the kings cause , and stood honourably for the kings right against the popes temporall vsurpations , did he then take other churches to be schismaticall , or the rotten members of antechrist ? beleeue it who list , i beleeue my creed . nay , his lordship telleth vs himselfe a little after , that his holinesse giues the french free scope , to maintaine either the affirmatiue or negatiue of this question . and will his holinesse hold them schismatikes , that dissent from his opinion and iudgement in a subiect or cause esteemed problematicall ? farre be it from his holinesse . the king of spaine , reputed the popes right arme , neuer gaue the pope cause by any act or other declaration , to conceiue that hee acknowledged himselfe deposeable by the pope for heresie , or tyrannie , or stupidity . but beeing well assured the pope standeth in greater feare of his arme , then he doth of the popes head and shoulders , he neuer troubles his owne head about our question . more , when the booke of cardinall baronius was come forth , in which booke the kingdome of naples is decryed and publiquely discredited ( like false money ) touching the qualitie of a kingdome , and attributed to the king of spain , not as true proprietary thereof , but onely as an estate held in fee of the romane church ; the king made no bones to condemne and to banish the said booke out of his dominions . the holy father was contented to put vp his catholike sonnes proceeding to the cardinalls disgrace , neuer opened his mouth against the king , neuer declared or noted the king to bee schismaticall . hee waits perhaps for some fitter opportunitie ; when the kingdome of spaine groaning vnder the burthens of intestine dissentions and troubles , he may without any danger to himselfe giue the catholike king a bishops mate . yea , the l. cardinall himselfe is better seen in the humors and inclinations of the christian world , then to be grossely perswaded , that in the kingdome of spaine , and in the very heart of rome it selfe there be not many , which either make it but a ieast , or else take it in fowle scorne , to heare the popes power ouer the crownes of kings once named : especially since the venetian republike hath put his holinesse to the worse in the same cause , and cast him in lawe . what needed the l. cardinall then , by casting vp such mounts and trenches , by heaping one amplification vpon an other , to make schisme looke with such a terrible and hideous aspect ? who knowes not how great an offence , how heinous a crime it is to quarter , not iesus christs coat , but his body , which is the church ? and what needed such terrifying of the church with vglinesse of schisme , whereof there is neither colourable shew , nor possibility ? the next vgly monster , after schisme , shaped by the l. cardinall in the third supposed and pretended inconuenience , is heresie . his lordship saith for the purpose : by this article we are cast headlong into a manifest heresie , as binding vs to confesse , that for many ages past the catholike church hath been banished out of the whole world . for if the champions of the doctrine contrary to this article , doe hold an impious and a detestable opinion , repugnant vnto gods word ; then doubtlesse the pope for so many hundred yeers expired , hath not been the head of the church , but an heretike and the antechrist . he addeth moreouer ; that the church long agoe hath lost her name of catholike , and that in france there hath no church flourished , nor so much as appeared these many and more then many yeeres : for as much as all the french doctors for many yeeres together haue stood for the contrary opinion . we can erect and set vp no trophey more honourable for heretikes in token of their victorie , then to avowe that christs visible kingdome is perished from the face of the earth , and that for so many hundred yeeres there hath not beene any temple of god , nor any spouse of christ , but euery where , and all the world ouer , the kingdome of antechrist , the synagogue of satan , the spouse of the deuill , hath mightily preuailed and borne all the sway . lastly , what stronger engines can these heretikes wish or desire , for the battering and the demolishing of transubstantiation , of auricular confession , and other like towers of our catholike religion , then if it should bee graunted the church hath decided the said points without any authoritie ? &c. me thinkes the lord cardinall in the whole draught and course of these words , doth seeke not a little to blemish the honour of his church , and to marke his religion with a blacke coale . for the whole frame of his mother-church is very easie to be shaken , if by the establishing of this article she shall come to finall ruine and shall become the synagoue of satan . likewise , kings are brought into a very miserable state and condition , if their soueraigntie shall not stand , if they shall not be without danger of deposition , but by the totall ruine of the church , and by holding the pope , whome they serue , to be antechrist . the l. cardinall himselfe ( let him be well sifted ) herein doth not credit his owne words . for doth not his lordship tell vs plaine , that neither by diuine testimonie , nor by any sentence of the ancient church , the knot of this controuersie hath been vntyed ? againe , that some of the french , by the popes fauourable indulgence , are licensed or tolerated to say their mind , to deliuer their opinion of this question , though contrarie to the iudgement of his holines ; prouided they hold it onely as problematicall , and not as necessary ? what ? can there be any assurance for the pope , that he is not antechrist ; for the church of rome , that she is not a synagogue of satan , when a mans assurance is grounded vpon wauering and wild vncertanties , without canon of scrpture , without consent or countenance of antiquity , and in a cause which the pope with good leaue suffereth some to tosse with winds of problematicall opinion ? it hath beene shewed before , that by gods word , whereof small reckoning perhaps is made , by venerable antiquity , and by the french church in those times when the popes power was mounted aloft , the doctrine which teaches deposing of kings by the pope , hath been checked and countermaunded . what , did the french in those dayes beleeue , the church was then swallowed vp , and no where visible or extant in the world ? no verily . those that make the pope of soueraigne authoritie for matters of faith , are not perswaded that in this cause they are bound absolutely to beleeue and credit his doctrine . why so ? because they take it not for any decree or determination of faith ; but for a point pertaining to the mysteries of state , and a pillar of the popes temporal monarchy ; who hath not receiued any promise from god , that in causes of this nature hee shall not erre . for they hold , that errour by no meanes can crawle or scramble vp to the papall see , so highly mounted ; but graunt ambition can scale the highest walls , and climbe the loftiest pinnacles of the same see. they hold withall , that in a case of so speciall aduantage to the pope , whereby he is made king of kings , and as it were the pay-master or distributer of crownes , it is against all reason that hee should sit as iudge , to carue out kingdoms for his own share . to be short , let his lordship be assured that he meets with notorious blocke-heads , more blunt witted then a whetstone , when they are drawne to beleeue by his perswasion , that whosoeuer beleeues the pope hath no right nor power to put kings beside their thrones , to giue and take away crownes , are all excluded and barred out of the heauenly kingdome . but now followes a worse matter : for they whome the cardinall reproachfully calls heretikes , haue wrought and wonne his lordship ( as to me seemeth ) to plead their cause at the barre , and to betray his owne cause to these heretikes . for what is it in his lordship , but plaine playing the praeuaricator , when he cryeth so loud , that by admitting and establishing of this article , the doctrine of cake-incarnation and priuy confession to a priest , is vtterly subuerted ? let vs heare his reason , and willingly accept of the truth from his lips . the articles ( as his lordshippe graunteth ) of transubstantiation , auricular confession , and the popes power to depose kings , are all grounded alike vpon the same authoritie . now he hath acknowledged the article of the popes power to depose kings , is not decided by the scripture , nor by the auncient church , but within the compasse of certaine ages past , by the authority of popes and councils . then he goes on well , and inferres with good reason , that in case the point of the popes power be weakned , then the other two points must needs bee shaken , and easily ouerthrowne . so that he doth confesse the monstrous birth of the breaden-god , and the blind sacrament or vaine phantasie of auricular confession , are no more conueyed into the church by pipes from the springs of sacred scripture , or from the riuers of the auncient church , then that other point of the popes power ouer kings and their crownes . very good : for were they indeede deriued from either of those two heads , that is to say , were they grounded vpon the foundation of the first or second authoritie ; then they could neuer be shaken by the downefall of the popes power to depose kings . i am well assured , that for vsing so good a reason , the world will hold his lordshippe in suspicion , that he still hath some smacke of his fathers discipline and instruction , who in times past had the honour to be a minister of the holy gospel . howbeit he playeth not faire , nor vseth sincere dealing in his proceeding against such as he calls heretikes ; when he casts in their dish , and beares them in hand they frowardly wrangle for the inuisibilitie of the church in earth . for indeed the matter is nothing so . they freely acknowledge a visible church . for howsoeuer the assembly of gods elect , doth make a bodie not discernable by mans eye : yet we assuredly beleeue , and gladly professe , there neuer wanted a visible church in the world ; yet onely visible to such as make a part of the same . all that are without see no more but men , they doe not see the said men to be the true church . we beleeue moreouer of the vniuersall church visible , that it is composed of many particular churches , whereof some are better fined and more cleane from lees and dregs then other : and withall , we deny the purest churches to be alwaies the greatest and most visible . the fourth and last inconuenience examined . the lord cardinall before he looketh into the last inconuenience , vseth a certaine preamble of his owne life past , and seruices done to the kings , henry the iii. and iiii. touching the latter of which two kings , his lordship saith in a straine of boasting , after this manner : i , by the grace of god , or the grace of god by me rather , reduced him to the catholike religion . i obtained at rome his absolution of pope clement . i reconciled him to the holy see. touching the first of these points ; i say the time , the occasions , and the foresaid kings necessary affaires doe sufficiently testifie , that he was induced to change his mind , and to alter his religion , vpon the strength of other manner of arguments then theologicall schooles , or the perswasions of the l. cardinals fluent rhetoricke , do vsually afford , or could possibly suggest . moreouer , who doth not know , that in affaires of so high nature and consequence , resolutions once taken , princes are to proceede with instructions by a formall course ? as for the kings absolution , pretended to bee purchased of clement . by the l. cardinals good seruice ; it had beene the part of so great a cardinall , for the honour of his king , of the realme , and of his owne place , to haue buried that peice of his notable seruice in perpetuall silence , and in the darke night of eternall obliuion . for in this matter of reconcilement , it is not vnknowne to the world , how shamefully and basely he prostituted the inuiolable dignity of his king , when his lordship representing the person of his king , and couching on the ground , by way of sufficient penance , was glad ( as i haue noted in the preface to my apologie ) to haue his venerable shoulders gracefully saluted with stripes , and reuerently worshipped with bastonados of a pontificiall cudgell . which gracefull , or disgracefull blemish rather , it pleased pope clement of his rare clemencie , to grace yet with a higher degre of spirituall graces : in giuing the l. cardinall then bishop of eureux , a certaine quantity of holy graines , crosses , and medals , or little plates of siluer , or some other mettall , to hang about the necke , or to be born about against some euil . which treasures of the popes grace , whosoeuer should graciously and reuerently kisse , they should without faile purchase vnto themselues a pardon for one hundred yeeres . these feate and prety gugawes for children , were no doubt a speciall comfort vnto the good kings heart , after his maiestie had been handsomely basted vpon the l. bishops backe . but with what face can his lordship brag , that he preuailed with pope clement for the kings absolution ? the late duke of neuers , not long before had solicited his holines , with all earnest and humble instance to the same purpose ; howsoeuer , the kings affaires then seeming desperate in the popes eye , hee was licensed to depart for france , without any due and gracious respect vnto his errand . but so soone as the pope receiued intelligence , of the kings fortunes growing to the full , and the affaires of the league to be in the wane , and the principall cities , the strongest places of garrison through all france to strike tops and tops gallant , and to hale the king ; then the holy ghost in good time inspired the holy father with a holy desire and tender affection , to receiue this poore wandring sheep againe into the flocke of christ , and bosome of holy church . his holinesse had reason . for he feared by his obstinate seuerity to prouoke the patience of the french , and to driue that nation ( as they had many times threatned before ) then to put in execution their auncient designe ; which was , to shake off the pope , and to set vp some of their owne tribes or kinreds for patriarch ouer the french church . but let his lordshippe vouchsafe to search the secret of his owne bosome , and no doubt he will not sticke to acknowledge , that before hee stirred one foote out of france , he had good assurance of the good successe and issue of his honourable embassage . now the hearers thus prepared by his preface , the l. cardinall proceedeth in his purpose ; namely to make proofe , how this article of the third estate , wherein doubtfull and questionable matters are mingled and confounded with certaine and indubitable principles , doth so debilitate and weaken the sinewes and vertue of any remedy intended for the danger of kings , as it maketh all remedies and receipts prescribed for that purpose , to become altogether vnprofitable , and without effect . he yeelds this reason , ( take it forsooth vpon my warrant ) a reason full of pith and substance : the onely remedie against parricides , is to thunder the solemne curses of the church , and the punishments to bee inflicted after death : which points , if they be not grounded vpon infallible authoritie , wil neuer be setled in mens perswasions with any certaine assurance . now in the solemne curses of the church , no man can attaine to the said assurance , if things not denied bee mingled with points not graunted , and not consented vnto by the vniuersall church . by a thing not denied and not contested , the l. cardinall meanes prohibiting and condemning of king-killing : & by points contested , hee meanes denying of the popes power to depose kings . in this whole discourse , i find neither pith of argument , nor course of proofe ; but onely a cast of the l. cardinalls office by way of counsell : whereunto i make this answer . if there be in this article of the third estate any point , wherein all are not of one mind and the same iudgement ; in whome lieth all the blame , from whence rises the doubt , but from the popes and popish parasites , by whome the certaintie of the said point hath been cunningly remooued and conueied away , and must bee restored againe by publike authoritie ? now the way to restore certaintie vnto a point , which against reason is called into doubt and question , is to make it vp in one masse , or to tie it vp in the same bundle , with other certaine points of the same nature . here i am forced to summon the consciences of men , to make some stand or stay vpon this point , and with me to enter into deepe consideration , how great and vnvanquishable force is euer found in the truth . for these two questions , whether kings may lawfully bee made away by assassins waged and hired for the act ; and whether the pope hath lawful power to chase kings out of their thrones , are by the l. cardinals owne confession , in so full aspect of coniunction , that if either bee brought vnder any degree of doubt , the other also is fetcht within the same compasse . in which words he directly pointeth as with a finger to the very true source of the maine mischiefe , and to the basilique and liuer veine , infected with pestilentiall blood , inflamed to the destruction of basilicall princes by detestable parricide . for whosoeuer shall confidently beleeue that popes are not armed with power to depose kings ; will beleeue with no lesse confidence and assurance , it is not lawfull by sudden assaults to flie at their throats . for are not all desperate villaines perswaded , when they are hired to murder kings , that in doing so damnable a feate , they doe it for a peice of notable and extraordinarie seruice to the pope ? this maxime therefore is to be held for a principle vnmooueable and indubitable ; that , if subiects desire the life of their kings to be secured ; they must not yeeld the pope one inch of power , to depriue their kings of their thrones and crownes , by deposing their kings . the lord cardinall testifieth no lesse himselfe in these words : if those monsters of men , and furies of hell , by whom the life-blood of our two last kings was let out , had euer been acquainted with lawes ecclesiasticall , they might haue read themselues adiudged by the councill of constance to expresse damnation . for in these words , the l. cardinall preferreth a bill of inditement to cast his holinesse ; who , vpon the commencing of the leaguers warres , in stead of giuing order for the publishing of the said ecclesiasticall lawes for the restraining of all parricidicall practises and attempts , fell to the terrour of his fulminations , which not long after were seconded and ratified by the most audacious and bloody murder of king henry iii. in like manner , the whole clergy of france are wrapped vp by the l. cardinals words , and inuolued in the perill of the said inditement . for in stead of preaching the said ecclesiasticall lawes , by which all king-killing is inhibited ; the priests taught , vented , and published nothing but rebellion ; and when the people in great deuotion came to powre their confessions into the priests eares ; then the priests , with a kind of counterbuffe in the second place when their turne was come , and with greater deuotion , powred blood into the eares of the people : out of which roote grewe the terrour of those cruell warres , and the horrible parricide of that good king. but let vs here take some neere sight of these ecclesiasticall lawes , whereby subiects are inhibited to kill , or desperately to dispatch their kings out of the way . the l. cardinall , for full payment of all scores vpon this reckoning , layeth downe the credit of the council at constance , which neuerthelesse affoardeth not one myte of true and currant payment . the truth of the historie may be taken from this briefe relation . iohn duke of burgundie , procured lewis duke of orleans to be murthered in paris . to iustifie and make good this bloody act , hee produced a certaine petimaster , one called by the name of iohn petit . this little iohn caused nine propositions to be giuen forth or set vp , to be discussed in the famous vniuersitie of paris . the summe of all to this purpose : it is lawfull , iust , and honourable , for euery subiect or priuate person , either by open force and violence , or by deceit and secret lying in wait , or by some witty stratagem , or by any other way of fact , to kill a tyrant practising against his king and other higher powers : yea the king ought in reason , to giue him a pension or stipend , that hath killed any person disloyall to his prince . the words of petits first proposition be these : it is lawfull for euery subiect , without any commaund or commission from the higher powers , by all the lawes of nature , of man , and of god himselfe , to kill or cause to be killed any tyrant , who either by a couetous and greedie desire , or by fraud , by diuination vpon casting of lots , by double and treacherous dealing , doth plot or practise against his kings corporall health , or the health of his higher powers . in the third proposition : it is lawfull for euery subiect , honourable and meritorious , to kill the said tyrant , or cause him to bee killed as a traitor , disloyall and trecherous to his king. in the sixt proposition : the king is to appoint a salarie and recompence for him that hath killed such a tyrant , or hath caused him to be killed . these propositions of iohannes parvus , were condemned by the councill of constance , as impious , and tending to the scandall of the church . now then , whereas the said councill no doubt vnderstood the name or word tyrant in the same sense , wherein it was taken by iohannes parvus ; certaine it is , the councill was not of any such iudgment or mind , to condemne one that should kil a king or soueraigne prince ; but one that by treason , and without commandement should kill a subiect , rebelling and practising against his king. for iohn petit had vndertaken to iustifie the making away of the duke of orleans to bee a lawfull act , and calls that duke a tyrant , albeit he was no soueraigne prince ; as all the aboue recited words of iohn petit doe testifie , that hee speaketh of such a tyrant , as beeing in state of subiection rebelleth against his free and absolute prince . so that whosoeuer shall narrowly search and looke into the minde and meaning of the said councill , shall easily perceiue , that by their decrees the safetie of kings was not confirmed but weakned , not augmented but diminished : for as much as they inhibited priuate persons to kill a subiect , attempting by wicked counsells and practises to make away his king. but be it graunted , the council of constance is flat and altogether direct against king-killers . for i am not vnwilling to be perswaded , that had the question then touched the murdering of soueraign princes , the said council would haue passed a sound and holy decree . but , i say , this graunted , what sheild of defence is hereby reached to kings , to ward or beat off the thrusts of a murderers weapon , and to saue or secure their life ? seeing the l. cardinal , building vpon the subtile deuise and shift of the iesuites , hath taught vs out of their schooles , that by kings are vnderstood kings in esse , not yet fallen from the supreame degree of soueraigne royalty . for beeing once deposed by the pope , ( say the iesuites ) they are no longer kings , but are fallen from the rights of soueraigne dignity ; and consequently to make strip and wast of their blood , is not forsooth to make strip and wast of royall blood . these iesuiticall masters , in the file of their words are so supple and so limber , that by leauing still in their speech some starting hole or other , they are able by the same , as by a posterne or back-doore , to make an escape . meane while the readers are here to note ( for well they may ) a tricke of monstrous and most wicked cunning . the l. cardinall contends for the bridling and hampering of king-killers by the lawes ecclesiasticall . now it might be presumed , that so reuerend and learned a cardinal intending to make vse of ecclesiasticall laws , by vertue whereof the life of kings may be secured , would fill his mouth and garnish the point with diuine oracles , that wee might the more gladly and willingly giue him the hearing , when he speakes as one furnished with sufficient weight and authoritie of sacred scripture . but behold , in stead of the authenticall and most auncient word , he propounds the decree of a late-borne councill at constance , neither for the popes tooth , nor any way comming neere the point in controuersie . and suppose it were pertinent vnto the purpose , the l. cardinall beareth in his hand a forke of distinction , with two tines or teeth to beare off , nay to shift off and to avoide the matter with meere dalliance . the shortest and neerest way ( in some sort of respects ) to establish a false opinion , is to charge or set vpon it with false and with ridiculous reasons . the like way to worke the ouerthrow of true doctrine , is to rest or ground it vpon friuolous reasons or authorities of stubble-weight . for example ; if wee should thus argue for the immortality of the soule with plato : the swan singeth before her death ; ergo , the soule is immortall . or thus with certain seduced christians : the pope hath ordained the word of god to be authenticall : ergo , all credit must be giuen to diuine scripture . vpon the spurkies or hookes of such ridiculous arguments and friuolous reasons , the l. cardinall hangs the life and safetie of kings . with like artificiall deuises he pretendeth to haue the infamous murders , and apposted cutting of kings throats in extreame detestation ; and yet by deposing them from their princely dignities , by degrading them from their supreme and soueraigne authorities , he brings their sacred heads to the butchers blocke . for a king deposed by the pope , ( let no man doubt ) will not leaue any stone vnremooued , nor any meanes and wayes vnattempted , nor any forces or powers of men vnleuied or vnhired , to defend himselfe and his regall dignitie , to represse and bring vnder his rebellious people , by the pope discharged of their allegiance . in this perplexitie of the publike affaires , in these tempestuous perturbations of the state , with what perills is the king not besieged and assaulted ? his head is exposed to the chances of warre ; his life a faire marke to the insidious practises of a thousand traytors ; his royall person obuious to the dreadfull storme of angry fortune , to the deadly malice , to the fatall and mortall weapons of his enemies . the reason : he is presupposed to be lawfully and orderly stripped of his kingdome . wil he yet hold the sterne of his royall estate ? then is he necessarily taken for a tyrant , reputed an vsurper , and his life is exposed to the spoyle . for the publike lawes make it lawfull and free , for any priuate person to enterprise against an vsurper of the kingdome : euery man , saith tertullian , is a souldier , to beare armes against all traytors and publike enemies . take from a king the title of lawful king , you take from him the warrant of his life , and the weapons whereby he is maintained in greater security , then by his royall guard armed with swords and halbards , through whose wards and rankes , a desperate villaine will make himselfe an easie passage , beeing master of an other mans life , because he is prodigall and carelesse of his owne . such therefore as pretend so much pittie towards kings , to abhorre the bloody opening of their liuer-veine , and yet withall to approoue their hoysting out of the royall dignity ; are iust in the vaine and humour of those that say , let vs not kill the king , but let vs disarme the king that he may die a violent death : let vs not depriue him of life , but of the meanes to defend his life : let vs not strangle the king and stoppe his vitall breath , so long as he remaineth king ; o that were impious , o that were horrible and abhominable ; but let him bee deposed , and then whosoeuer shall runne him through the body with a weapon vp to the very hilts , shall not beare the guilt of a king-killer . all this must be vnderstood to be spoken of kings , who after they are despoyled of regalitie , by sentence of deposition giuen by the pope , are able to arme themselues , and by valiant armes doe defend their soueraigne rights . but in case the king , blasted with romane lightning , and stricken with papall thunder , shall actually and speedily bee smitten downe from his high throne of regality , with present losse of his kingdome ; i beleeue it is almost impossible for him to warrant his owne life , who was not able to warrant his own kingdome . let a cat be throwne from a high roofe to the bottome of a cellour or vault , she lighteth on her feete , and runneth away without taking any harme . a king is not like a cat , howsoeuer a cat may looke vpon a king : he cannot fall from the loftie pinnacle of royaltie , to light on his feet vpon the hard pauement of a priuate state , without crushing all his bones in peices . it hath been the lot of very few emperours and kings , to outliue their empire . for men ascend to the lofty throne of kings , with a soft and easie pace , by certaine steps and degrees ; there be no stately staires to come downe , they tumble head and heeles together when they fall . he that hath once griped anothers kingdom , thinks himselfe in little safetie , so long as he shall of his courtesy suffer his disseised predecessor to draw his breath . and say that some princes , after their fall from their thrones , haue escaped both point and edge of the tyrants weapon ; yet haue they wandred like miserable fugitiues in forraine countryes , or else haue beene condemned like captiues to perpetuall imprisonment at home , a thousand-fold worse and more lamentable then death it selfe . dyonisius the tyrant of syracusa , from a great king in sicilie turn'd school-master in corinth . it was the onely calling & kind of life , that as he thought bearing some resemblance of rule and gouernment , might recreate his mind , as an image or picture of his former soueraigntie ouer men . this dyonisius was the onely man ( to my knowledge ) that had a humour to laugh after the losse of a kingdome , and in the state of a pedant or gouernour of children , merily to ieast and to scorne his former state and condition of a king. in this my kingdome of england , sundry kings haue seen the walls as it were of their princely fortresse dismantled , razed , and beaten downe . by name , edward and richard , both ii. and henrie vi. all which kings were most cruelly murdered in prison . in the raigne of edward iii. by act of parliament , whosoeuer shal imagine , ( that is the very word of the statute ) or machinate the kings death , are declared guilty of rebellion and high treason . the learned iudges of the land , grounding vpon this law of edward the third , haue euer since reputed and iudged them traytors according to law , that haue dared onely to whisper or talke softly between the teeth , of deposing the king. for they count it a cleare case , that no crowne can be taken from a kings head , without losse of head and crowne together , sooner or later . the l. cardinall therefore in this most weighty and serious point doth meerely dally , and flowt after a sort , when he tels vs , the church doth not intermeddle with releasing of subiects , and knocking off their yrons of obedience , but onely before the ecclesiasticall tribunall seate ; and that besides this double censure , of absolution to subiects , and excommunication to the prince , the church imposeth none other penaltie . vnder pretence of which two censures , so far is the church ( as the l. cardinal pretendeth ) from consenting that any man so censured should be touched for his life , that shee vtterly abhorreth all murder whatsoeuer ; but especially all sudden and vnprepenced murders , for feare of casting away both body and soule ; which often in sudden murders goe both one way . it hath been made manifest before , that all such proscription and setting forth of kings to port-sale , hath alwaies for the traine thereof , either some violent and bloody death , or some other mischiefe more intolerable then death it selfe . what are we the better , that parricides of kings are neither set on , nor approoued by the church in their abhominable actions ; when she layeth such plots , and taketh such courses , as necessarily doe inferre the cutting of their throates ? in the next place be it noted , that his lordship against all reason , reckons the absoluing of subiects from the oath of allegiance , in the ranke of penalties awarded and enioyned before the ecclesiasticall tribunall seate . for this penaltie is not ecclesiasticall , but ciuill , and consequently not triable in ecclesiasticall courts , without vsurping vpon the ciuill magistrate . but i wonder with what face the lord cardinall can say , the church neuer consenteth to any practise against his life , whome she hath once chastised with seuere censures . for can his lordship be ignorant , what is written by pope vrbanus , can. excommunicatorum . we take them not in any wise to be man-slayers , who in a certain heate of zeale towards the catholike church their mother , shall happen to kill an excomunicate person . more , if the pope doth not approoue and like the practise of king-killing , wherefore hath not his holinesse imposed some seuere censure vpon the booke of mariana the iesuite ( by whome parricides are commended , nay highly extolled ) when his holines hath been pleased to take the paines , to censure and call in some other of mariana's bookes ? againe , wherefore did his holines aduise himselfe , to censure the decree of the court of parliament in paris against iohn chastell ? wherefore did he suffer garnet and oldcorne my powder-miners , both by bookes and pictures vendible vnder his nose in rome , to be inrowled in the canon of holy martyrs ? and when he saw two great kings murdered one after an other , wherfore by some publike declaration did not his holinesse testifie to all christendome , his inward sense and true apprehension of so great misfortune , as all europe had iust cause to lament on the behalfe of france ? wherefore did not his holinesse publish some lawe or pontificiall decree , to prouide for the securitie of kings in time to come ? true it is that he censured becanus his booke . but wherefore ? that by a captious and sleight censure , he might preuent a more exact and rigorous decree of the sorbon schoole . for the popes checke to becanus , was onely a generall censure and touch , without any particular specification of matter touching the life of kings . about some two moneths after , the said book was printed againe , with a dedication to the popes nuntio in germany ; yet without any alteration , saue onely of two articles containing the absolute power of the people ouer kings . in recompence and for a counterchecke whereof , three or fowre articles were inserted into the said book , touching the popes power ouer kings ; articlcs no lesse wicked and iniurious to regall rights ; nay more iniurious then any of the other clauses , whereof iust cause of exception and complaint had been giuen before . if i would collect and heape vp examples of auncient emperours , ( as of henrie iv. whos 's dead corps felt the rage and fury of the pope ; or of frederic . against whome the pope was not ashamed to whet and kindle the sultane ; or of queen elizabeth our predecessour , of glorious memorie , whose life was diuers times assaulted by priuie murderers , expressely dispatched from rome for that holy seruice ) if i would gather vp other examples of the same stampe , which i haue laid forth in my apology for the oth of allegiance ; i could make it more cleare then day-light , how farre the l. cardinals words are discrepant from the truth , where his lordship out of most rare confidence is bold to avowe , that neuer any pope went so farre , as to giue consent or counsell for the desperate murdering of princes . that which already hath beene alleadged may suffice to conuince his lordship : i meane , that his holinesse by deposing of kings , doth lead them directly to their graues and tombes . the cardinal himselfe seemeth to take some notice hereof . the church ( as he speaketh ) abhorreth sudden and vnprepensed murders aboue the rest . doth not his lordship in this phrase of speech acknowledge , that murders committed by open force , are not so much disavowed or disclaimed by the church ? a little after he speakes not in the teeth , as before , but with full and open mouth : that he doth not dislike a king once deposed by the pope , should be pursued with open warre . whereupon it followes , that in warre the king may be lawfully slaine . no doubt a remarkeable degree of his lordships clemencie . a king shall be better entreated and more mildly dealt withall , if he be slaine by the shot of an harquebuse or caleeuer in the field , then if he be stabd by the stroke or thrust of a knife in his chamber : or if at a siege of some city he be blown vp with a myne , then by a myne made , and a train of gunpowder laid vnder his palace or parliament house in time of peace . his reason : forsooth , because in sudden murders , oftentimes the soule & the bodie perish both together . o singular bounty , and rare clemencie ! prouokers , instigators , strong puffers and blowers of parricides , in mercifull compassion of the soule , become vnmercifull and shamefull murderers of the body . this deuice may well claime and challenge kinred of mariana the iesuites inuention . for he liketh not at any hand the poisoning of a tyrant by his meate or drinke ; for feare least he taking the poison with his owne hand , and swallowing or gulping it down in his meat or drinke so taken , should be found felo de se , ( as the common lawyer speaketh ) or culpable of his owne death . but mariana likes better , to haue a tyrant poysoned by his chaire , or by his apparell and robes , after the example of the mauritanian kings ; that beeing so poysoned onely by sent , or by contact , he may not be found guilty of selfe-fellonie , and the soule of the poore tyrant in her flight out of the body may be innocent . o hell-hounds , o diabolicall wretches , o infernall monsters ! did they onely suspect and imagine , that either in kings there is any remainder of kingly courage , or in their subiects any sparke left of auncient libertie ; they durst as soon eate their nayles , or teare their owne flesh from the bones , as once broach the vessell of this diabolicall deuice . how long then , how long shall kings whom the lord hath called his anointed , kings the breathing images of god vpon earth ; kings that with a wry or frowning looke , are able to crush these earth-wormes in peices ; how long shall they suffer this viperous brood , scot-free and without punishment , to spit in their faces ? how long , the maiestie of god in their person and royall maiestie to bee so notoriously vilified , so dishonourably trampled vnder foote ? the l. cardinall bourds vs with a like manifest ieast , and notably trifles ; first , distinguishing between tyrants by administration , and tyrants by vsurpation ; then shewing that he by no meanes doth approoue those prophane and heathenish lawes , whereby secret practises and conspiracies against a tyrant by administration are permitted . his reason . because after deposition there is a certaine habitude to royall dignitie , and as it were a kind of politicke character inherent in kings , by which they are discerned from persons meerely priuate , or the common sort of people ; and the obstacle , crosse-barre , or sparre once remooued and taken out of the way , the said kings deposed are at length reinuested and endowed againe with lawfull vse of royall dignitie , and with lawfull administration of the kingdome . is it possible that his lordship can speake and vtter these words according to the inward perswasion of his heart ? i beleeue it not . for admit a king cast out of his kingdom were sure to escape with life ; yet beeing once reduced to a priuate state of life , after hee hath wound or wrought himselfe out of deadly danger , so farre he is from holding or retayning any remainder of dignity or politike impression , that on the contrary he falleth into greater contempt and misery , then if he had beene a very peasant by birth , and had neuer held or gouerned the sterne of royall estate . what fowle is more beautifull then the peacocke ? let her be plumed and bereft of her feathers ; what owle , what iacke-daw more ridiculous , more without all pleasant fashion ? the homely sowter , the infamous catchpol , the base tincker , the rude artificer , the pack-horse-porter , then liuing in rome with liberty , when valentinian was detaind captiue by saporas the persian king , was more happy then that romane emperour . and in case the lord cardinall himselfe should be so happy ( i should say so vnfortunate ) to be stript of all his dignities and ecclesiastical promotions ; would it not redound to his lordships wonderfull consolation , that in his greatest extremitie , in the lowest of his barenesse and nakednesse , he still retaineth a certaine habituall right and character of a cardinall , whereby to recouer the losse of his former dignities and honours ? when hee beholds these prints and impressions of his foresaid honours ; would it not make him the more willing and glad , to forsake the backe of his venerable mule , to vse his cardinals foot-cloath no longer , but euer after like a cardinall in print and character , to walke on foote ? but let vs examine his lordships consolation of kings , thrust out of their kingdomes by the pope for heresie . the obstacle ( as the l. cardinall speaketh ) beeing taken away ; that is to say , when the king shal be reformed ; this habituall right and character yet inherent in the person of a king , restores him to the lawfull administration of his kingdome . i take this to be but a cold comfort . for here his lordship doth onely presuppose , and not prooue , that after a king is thrust out of his throne , when he shall repent and turne true romane catholike , the other by whome he hath been cast out , and by force disseised , will recall him to the royal seate , and faithfully settle him againe in his auncient right , as one that reioyceth for the recouery of such a lost sheep . but i should rather feare , the new king would presse and stand vpon other termes ; as a terme of yeeres for a triall , whether the repentance of the king displaced be true and sound to the coare , or counterfeit , dissembled , and painted holines ; for the words , the sorrowfull and heauy lookes , the sadde and formal gestures , of men pretending repentance , are not alwaies to be taken , to be respected , to be credited . again , i should feare the afflicted king might be charged and borne downe too , that albeit he hath renounced his former heresie , he hath stumbled since at an other stone , and runne the ship of his faith against some other rock of new hereticall prauitie . or i should yet feare , he might be made to beleeue , that heresie maketh a deeper impression , and a character more indeleble in the person , then is the other politike character of regall maiesty . alas , good kings ! in how hard , in how miserable a state doe they stand ? once deposed , and euer barred of repentance . as if the scapes and errors of kings , were all sinnes against the holy ghost , or sinnes vnto death , for which it is not lawfull to pray . falls a priuate person ? he may be set vp , and new established . fals a king ? is a king deposed ? his repentance is euer fruitles , euer vnprofitable . hath a priuate person a trayne of seruants ? he can not be depriued of any one without his priuity and consent . hath a king millions of subiects ? he may be depriued by the pope of a third part , when his holinesse will haue them turne clerics or enter cloisters , without asking the king leaue : & so of subiects they may be made nonsubiects . but i question yet further . a king falling into heresie , is deposed by the pope ; his sonne stands pure catholike . the regall seate is empty . who shall succeed in the deposed kings place ? shall a stranger be preferred by the pope ? that were to do the innocent sonne egregious and notorious wrong . shall the sonne himselfe ? that were a more iniurious part in the sonne against his father . for if the sonne be touched with any feare of god , or mooued with any reuerence towards his father , he will diligently and seriously take heed , that he put not his father by the kingdome , by whose meanes he himselfe is borne to a kingdome . nor will he tread in the steps of henry v. emperour , who by the popes instigation , expelled and chased his aged father out of the imperiall dignity . much lesse will he hearken to the voice & aduise of doctor suares the iesuite ; who , in his booke written against my selfe , a book applauded and approoued of many doctors , after he hath like a doctor of the chaire , pronounced , that a king deposed by the pope , cannot bee lawfully expelled or killed , but onely by such as the pope hath charged with such execution : falleth to adde a little after : if the pope shall declare a king to be an heretike , and fallen from the kingdome , without making further declaration touching execution ; that is to say , without giuing expresse charge vnto any to make away the king : then the lawfull successor beeing a catholike , hath power to do the feate ; and if he shall refuse , or if there shall bee none such , then it appertaineth to the comminaltie or body of the kingdome . a most detestable sentence . for in hereditarie kingdoms , who is the kings lawfull successor , but his sonne ? the sonne then by this doctrine , shall imbrew his hands in his owne fathers blood , so soone as he shall be deposed by the pope . a matter so much the neerer and more deepely to be apprehended , because the said most outragious booke flyeth like a furious mastiffe directly at my throat , and withal instilleth such precepts into the tender disposition of my sonne , as if hereafter he shall become a romane catholike , so soone as the pope shall giue me the lift out of my throne , shall bind him forthwith to make effusion of his owne fathers blood . such is the religion of these reuerend fathers , the pillars of the pontificiall monarchie . in comparison of whose religion and holinesse , all the impietie that euer was among the infidels , and all the barbarous cruelty that euer was among the canibals , may passe henceforth in the christian world for pure clemencie and humanity . these things ought his lordship to haue pondered , rather then to babble of habitudes and politike characters , which to the common people are like the bergamasque or the wild-irish forme of speech , and passe their vnderstanding . all these things are nothng in a manner , if we compare them with the last clause , which is the closer , and as it were the vpshot of his lordships discourse . for therein he laboureth to perswade concerning this article , framed to bridle the popes tyrannicall power ouer kings , if it should receiue gratious entertainment , and general approbation ; that it would breed great danger , and worke effects of pernicious consequence vnto kings . the reason : because it would prooue an introduction to schisme ; and schisme would stirre vp ciuill warres , contempt of kings , distempered inclinations and motions to intrappe their life ; and which is worst of all , the fierce wrath of god , inflicting all sorts of calamities . an admirable paradoxe , and able to strike men stone-blind : that his holinesse must haue power to depose kings , for the better security and safegard of their life ; that when their crownes are made subiect vnto an others will and pleasure , then they are come to the highest altitude and eleuation of honour ; that for the onely warrant of their life , their supreame and absolute greatnes must be depressed ; that for the longer keeping of their crownes , an other must plucke the crowne from their heads . as if it should be said , would they not be stript naked by an other ? the best way is , for themselues to vntrusse , for themselues to put off all , and to goe naked of their owne accord . will they keepe their soueraigntie in safetie for euer ? the best way is to let an other haue their soueraigne authority and supreame estate in his power . but i haue been euer of this mind , that when my goods are at no mans command or disposing but mine owne , then they are truely and certainly mine owne . it may be this error is growne vpon me and other princes , for lacke of braines : whereupon it may be feared , or at least coniectured , the pope meanes to shaue our crownes , and thrust vs into some cloister , there to hold ranke in the brotherhood of good king childeric . for as much then as my dull capacity doth not serue me to reach or comprehend the pith of this admirable reason , i haue thought good to seeke and to vse the instruction of old and learned experience , which teacheth no such matter : by name , that ciuill warres and fearefull perturbations of state in any nation of the world , haue at any time growne from this faithfull credulity of subiects , that popes in right haue no power , to wrest and lift kings out of their dignities and possessions . on the other side , by establishing the contrary maximes , to yoke and hamper the people with pontificiall tyrannie , what rebellious troubles and stirres , what extreame desolations hath england been forced to feare and feele , in the raigne of my predecessors henry ii. iohn , and henry iii ? these be the maximes and principles , which vnder the emperour henry iv. and frederic the i. made all europe flowe with channels and streames of blood , like a riuer with water , while the saracens by their incursions and victories ouerflowed , and in a manner drowned the honour of the christian name in the east . these bee the maximes and principles , which made way for the warres of the last league into france ; by which the very bowels of that most famous and flourishing kingdome were set on such a combustion , that france herselfe was brought within two fingers breadth of bondage to an other nation , and the death of her two last kings most villanously and trayterously accomplished . the lord cardinall then giuing these diabolicall maximes for meanes to secure the life and estate of kings , speaketh as if he would giue men counsell to dry themselues in the riuer , when they come as wet as a water spaniel out of a pond ; or to warme themselues by the light of the moone , when they are starnaked , and well neere frozen to death . the conclusion of the lord of perron examined . after the l. cardinal hath stoutly shewed the strength of his arme , and the deepe skill of his head in fortification ; at last he leaues his loftie scaffolds , and falls to work neerer the ground , with more easie tooles of humble prayers and gentle exhortations . the summe of the whole is this : he adiures his auditors neuer to forge remedies , neuer so to prouide for the temporall safetie of kings , as thereby to worke their finall falling from eternall saluation : neuer to make any rent or rupture in the vnity of the church , in this corrupt age infected with pestilent heresies , which alreadie hauing made so great a breach in the walls of france , will no doubt double their strength by the dissentions , diuisions , and schismes of catholikes . if this infectious plague shall still encrease and growe to a carbuncle , it can by no meanes poyson religion ; without bringing kings to their winding sheetes and wofull hearses . the first rowlers of that stone of offence , aymed at no other marke , then to make an ignominious and lamentable rent in the church . he thinks the deputies of the third estate , had neither head nor first hand in contriuing this article ; but holds it rather a newe deuice and subtile inuention , suggested by persons , which beeing alreadie cut off by their owne practises from the body of the romane church , haue likewise inueigled and insnared some that beare the name of catholiks , with some other ecclesiastics ; and vnder a faire pretence and goodly cloake , by name , the seruice of the king , haue surprised and played vpon their simplicitie . these men ( as the cardinal saith ) doe imitate julian the apostata , who to bring the christians to idolatrous worship of false gods , commaunded the idols of iupiter and venus to be intermingled with imperiall statues , and other images of christian emperours , &c. then after certaine rhetoricall flourishes , his lord ship fals to prosecute his former course , and cries out of this article ; a monster hauing the tayle of a fish , as if it came cutting the narrow seas out of england . for in full effect it is downright the english oath ; sauing that indeede the oath of england runneth in a more mild forme , and a more moderate straine . and here he suddenly takes occasion to make some digression . for out of the way , and cleane from the matter , he entreth into some purpose of my praise and commendation . he courteously forsooth is pleased to grace me with knowledge of learning , and with ciuill vertues . hee seemeth chiefly to reioyce in his owne behalfe , and to giue me thanks , that i haue done him the honour to enter the lists of theologicall dispute against his lordship . howbeit he twitches and carpes at me withall , as at one that soweth seeds of dissention and schisme amongst romane catholiks . and yet he would seeme to qualifie the matter , and to make all whole againe , by saying , that in so doing i am perswaded i doe no more then my dutie requires . but now ( as his lordship followes the point ) it standeth neither with godlinesse , nor with equity , nor with reason , that acts made , that statutes , decrees , and ordinances ratified for the state and gouernement of england , should be thrust for binding laws vpon the kingdome of france : nor that catholikes , and much lesse that ecclesiastics , to the ende they may liue in safetie , and freely enioy their priuiledges or immunities in france , should be forced to beleeue , and by oath to seale the same points , which english catholikes to the ende they may purchase libertie onely to breath , nay sorrowfully to sigh rather , are constrained to allow and to aduowe besides . and whereas in england there is no small number of catholikes , that lacke not constant and resolute minds to endure all sorts of punishment , rather then to take that oath of allegiance ; will there not be found an other manner of number in france , armed with no lesse constancie and christian resolution ? there will , most honourable auditors , there will without all doubt : and we all that are of episcopall dignity will sooner suffer martyrdome in the cause . then out of the super-abundance and ouer-weight of his lordships goodnesse , he closely coucheth and conuayeth a certaine distastfull opposition between me and his king ; with prayses and thankes to god , that his king is not delighted , and takes no pleasure to make martyrs . all this artificial and swelling discourse like vnto puffe-past , if it be viewed at a neere distance , will be found like a bladder full of wind , without any soliditie of substantiall matter . for the deputies of the third estate were neuer so voide of vnderstanding , to beleeue that by prouiding for the life and safety of their king they should thrust him headlong into eternall damnation . their braines were neuer so much blasted , so farre benummed , to dreame the soule of their king cannot mount vp to heauen , except he be dismounted from his princely throne vpon earth , whensoeuer the pope shall hold vp his finger . and whereas he is bold to pronounce , that heretikes of france doe make their benefit and aduantage of this diuision ; that speech is grounded vpon this proposition ; that professors of the christian religion reformed ( which is to say , purged and cleansed of all popish dregs ) are heretiks in fact , and ought so to be reputed in right . which proposition his lordship wil neuer soundly and sufficiently make good , before his holinesse hath compiled an other gospell , or hath forged an other bible at his pontificiall anvile . the l. cardinall vndertooke to reade me a lecture vpon that argument ; but euer since hath played mum-budget , and hath put himselfe to silence , like one at a non-plus in his enterprise . there be three yeeres already gone and past , since his lordship beganne to shape some answer to a certaine writing dispatched by me in few daies . with forming and reforming , with filing and polishing , with labouring and licking his answer ouer and ouer againe , with reiterated extractions and calcinations , it may be coniectured that all his lordships labour and cost is long since evaporated and vanished in the aire . howbeit , as well the friendly conference of a king , ( for i will not call it a contention ) as also the dignitie , excellencie , and importance of the matter , long since deserued , and as long since required the publishing of some or other answer . his lordships long silence will neuer be imputed to lacke of capacity , wherewith who knoweth not how abundantly he is furnished ; but rather to well aduised agnition of his owne working and building vpon a weake foundation . but let vs returne vnto these heretikes , that make so great gaine by the disagreement of catholikes . it is no part of their dutie to aime at sowing of dissentions ; but rather to intend and attend their faithfull performance of seruice to their king. if some be pleased , and others offended , when so good and loyall duties are sincerely discharged ; it is for all good subiects to grieue and to be sory , that when they speake for the safetie of their king and honour of the truth , it is their hard hap to leaue any at all vnsatisfied . but suppose the said heretikes were the authors of this article preferred by the third estate . what need they to conceale their names in that regard ? what need they to disclaime the credit of such a worthy act ? would it not redound to their perpetuall honour , to be the onely subiects that kept watch ouer the kings life and crowne , that stood centinell , and walked the rounds for the preseruation of his princely diademe , when all other had no more touch , no more feeling thereof then so many stones ? and what neede the deputies for the third estate , to receiue instructions from forraine kingdomes , concerning a cause of that nature ; when there was no want of domesticall examples , and the french histories were plentifull in that argument ? what need they to gape for this reformed doctrine , to come swimming with a fishes tayle out of an island to the mayne continent , when they had before their eyes the murders of two kings , with diuerse ciuill warres , and many arrests of court , all tending to insinuate and suggest the introduction of the same remedy ? suggestions are needlesse from abroad , when the mischiefe is felt at home . it seemes to me that his lordship in smoothing and tickling the deputies for the third estate , doth no lesse then wring and wrong their great sufficiencie with contumely and outragious abuse : as if they were not furnished with sufficient foresight , & with loyal affection towards their king , for the preseruation of his life and honour , if the remedie were not beaten into their heads by those of the religion , reputed heretikes . touching my selfe , ranged by his lordship in the same ranke with sowers of dissention ; i take my god to witnes , and my owne conscience , that i neuer dream'd of any such vnchristian proiect . it hath been hitherto my ordinary course to follow honest counsells , and to walke in open waies . i neuer wonted my selfe to holes and corners , to crafty shifts , but euermore to plain and open designes . i need not hide mine intentions for feare of any mortall man , that puffeth breath of life out of his nostrils . nor in any sort doe i purpose , to set iulian the apostata before mine eyes , as a patterne for me to follow . iulian of a christian became a pagan : i professe the same faith of christ still , which i haue euer professed : iulian went about his designes with crafty conueiances ; i neuer with any of his captious and cunning sleights : iulian forced his subiects to infidelitie against iesus christ ; i labour to induce my subiects vnto such tearmes of loyaltie towards my selfe , as iesus christ hath prescribed and taught in his word . but how farre i differ from iulian , it is to bee seene more at large in my answer to bellarmines epistles written to blackwell ; from whence the lord cardinall borrowing this example , it might well haue beseemed his lordship to borrow likewise my answer from the same place . now as it mooues me nothing at all , to be drawne by his lordship into suspitions of this nature and qualitie : so by the prayses , that he rockes me withall , i will neuer be lulled asleepe . to commend a man for his knowledge , and withall to take from him the feare of god , is to admire a souldier for his goodly head of haire or his curled locks , and withall to call him base coward , faint-hearted and fresh-water souldier . knowledge , wit , and learning in an hereticke , are of none other vse and seruice , but onely to make him the more culpable , and consequently obnoxious to the more grieuous punishments . all vertues turne to vices , when they become the seruants of impietie . the hand-maids which the soueraigne lady wisdome calleth to be of her traine in the . prouerb . are moral vertues , and humane sciences ; which then become pernicious , when they runne away from their soueraigne lady-mistris , and put ouer themselues in seruice to the deuill . what difference is between two men , both alike wanting the knowledge of god ; the one fnrnished with arts and ciuill vertues , the other brutishly barbarous and of a deformed life , or of prophane manners ? what is the difference between these two ? i make this the onely difference : the first goeth to hell with a better grace , and falleth into perdition with more facility , then the second . but he becommeth exceedingly wicked , euen threefold and fourefold abhominable , if he wast his treasure and stocke of ciuill vertues in persecuting the church of christ : and if that may be layed in his dish which was cast in caesars teeth , that in plain sobernes and well-setled temper , he attempts the ruine of the common-wealth , which from a drunken sot might receiue perhaps a more easie fall . in briefe , i scorn all garlands of praises , which are not euer greene ; but beeing drie and withered for want of sap and radicall moysture , doe flagge about barbarous princes browes . i defie and renounce those prayses , which fit me no more then they fit a mahumetane king of marocco . i contest against all praises which grace me with pety accessories , but rob me of the principall , that one thing necessary ; namely , the feare and knowledge of my god : vnto whose maiesty alone , i haue deuoted my scepter , my sword , my penne , my whole industry , my whole selfe , with all that is mine in whole and in part . i doe it , i doe it in all humble acknowledgement of his vnspeakable mercy and fauour , who hath vouchsafed to deliuer me from the erroneous way of this age , to deliuer my kingdome from the popes tyrannicall yoake , vnder which it hath lyen in times past most grieuously oppressed . my kingdome where god is now purely serued , and called vpon in a tongue which all the vulgar vnderstand . my kingdom , where the people may now reade the scriptures without any speciall priuiledge from the apostolike see , and with no lesse libertie then the people of ephesus , of rome , and of corinth did reade the holy epistles , written to their churches by s. paul. my kingdome , where the people now pay no longer any tribute by the poll for papall indulgences , as they did about an hundred yeeres past , and are no longer compelled to the mart , for pardons beyond the seas and mountaines , but haue them now freely offered from god , by the doctrine of the gospel preached at home , within their owne seuerall parishes and iurisdictions . if the churches of my kingdome , in the l. cardinals accompt , be miserable for these causes and the like ; let him dreame on , and talke his pleasure : for my part i will euer advowe , that more worth is our misery then all his felicity . for the rest , it shall by gods grace be my daily endeauour and serious care , to passe my daies in shaping to my selfe such a course of life , that without shamefull calumniating of my person , it shall not rest in the tippe of any tongue , to touch my life with iust reprehension or blame . nor am i so priuie to mine owne guiltinesse , as to thinke my state so desperate , so deplorable , as popes haue made their owne . for some of them haue been so open-hearted and so tongue-free , to pronounce that popes themselues , the key-bearers of heauen and hel , cannot be saued . two popes , reckoned among the best of the whole bunch or pack , namely , adrian iv. and marcelline ii. haue both sung one and the same note ; that in their vnderstanding they could not conceiue any reason why , or any meanes how those that sway the popedome can be partakers of saluation . but for my particular , grounding my faith vpon the promises of god contained in the gospell , i doe confidently and assuredly beleeue , that repenting mee of my sinnes , and reposing my whole trust in the merits of iesus christ , i shall obtaine forgiuenesse of my sinnes thorough his name . nor doe i feare , that i am now , or shall be hereafter cast out of the churches lap and bosome ; that i now haue or hereafter shall haue no right to the church as a putrified member thereof , so long as i do or shall cleaue to christ iesus , the head of the church : the appellation and name whereof , serueth in this corrupt age , as a cloake to couer a thousand newe inuentions ; and now no longer signifies the assembly of the faithfull , or such as beleeue in iesus christ according to his word , but a certaine glorious ostentation and temporall monarchy , whereof the pope forsooth is the supreame head . but if the l. cardinall by assured and certaine knowledge ( as perhaps he may by common fame ) did vnderstand the horrible conspiracies that haue been plotted and contriued , not against my person and life alone , but also against my whole stocke : if he rightly knew and were inly perswaded , of how many fowle periuries and wicked treasons , diuerse ecclesiasticall persons haue been lawfully conuicted : in stead of charging me with false imputations , that i suffer not my catholikes to fetch a sigh , or to draw their breath ; and that i thrust my catholikes vpon the sharpe edge of punishment in euery kind ; he would , and might well , rather wonder , how i my selfe , after so many dangers run , after so many proditorious snares escaped , doe yet fetch my owne breath , and yet practise princely clemency towards the said catholiks , notorious transgressors of diuine and humane laws . if the french king in the heart of his kingdome , should nourish and foster such a nest of stinging hornets and busie waspes , i meane such a pack of subiects , denying his absolute soueraignty , as many romane catholikes of my kingdome do mine : it may well bee doubted , whether the l. cardinall would aduise his king still to feather the nest of the said catholiks , still to keep them warm , still to beare them with an easie and a gentle hand . it may well be doubted , whether his lordship would extoll their constancie , that would haue the courage to sheath vp their swords in his kings bowels , or blow vp his king with gun-powder , into the neather station of the lowest region . it may well be doubted , whether hee would indure that orator , who ( like as himselfe hath done ) should stirre vp others to suffer martyrdome after such examples , and to imitate parricides and traitors in their constancy . the scope then of the l. cardinal , in striking the sweet strings , and sounding the pleasant notes of prayses , which faine he would fill mine eares withall ; is onely by his excellent skil in the musicke of oratorie , to bewitch the hearts of my subiects , to infatuate their minds , to settle them in a resolution to depriue me of my life . the reason : because the plotters and practisers against my life , are honoured and rewarded with a glorious name of martyrs : their constancie ( what els ? ) is admired , when they suffer death for treason . whereas hitherto during the time of my whole raigne to this day , ( i speake it in the word of a king , and truth it selfe shal make good the kings word ) no man hath lost his life , no man hath endured the racke , no man hath suffered corporall punishment in other kinds , meerely or simply , or in any degree of respect , for his conscience in matter of religion ; but for wicked conspiring against my life , or estate , or royall dignitie ; or els for some notorious crime , or some obstinate and wilfull disobedience . of which traiterous and viperous brood , i commanded one to be hanged by the necke of late in scotland : a iesuite of intolerable impudencie , who at his arraignment and publike triall , stiffely maintained , that i haue robbed the pope of his right , and haue no manner of right in the possession of my kingdome . his lordship therefore in offering himselfe to martyrdome , after the rare example of catholiks , as he saith suffering all sort of punishment in my kingdome , doth plainely professe himselfe a follower of traytors and parricides . these be the worthies , these the heroicall spirits , these the honourable captaines and coronels , whose vertuous parts neuer sufficiently magnified and praysed , his lordship propoundeth for imitation to the french bishops . o the name of martyrs , in olde times a sacred name ! how is it now derided and scoffed ? how is it in these daies filthily prophaned ? o you the whole quire and holy company of apostles , who haue sealed the truth with your dearest blood ! how much are you disparaged ? how vnfitly are you paragoned and matched , when traytors , bloody butchers , and king-killers are made your assistants , and of the same quorum ; or to speake in milder tearmes , when you are coupled with martyrs that suffer for maintaining the temporall rites of the popes empire ? with bishops that offer themselues to a problematicall martyrdome , for a point decided neither by the authorities of your spirit-inspired pens , nor by the auncient and venerable testimonie of the primitiue church ? for a point which they dare not vndertake to teach , otherwise then by a doubtfull , cold , fearefull way of discourse , and altogether without resolution . in good sooth , i take the cardinall for a personage of a quicker spirit and clearer sight , ( let his lordship hold me excused ) then to perswade my selfe , that in these matters his tongue and his heart , his pen and his inward iudgement , haue any concord or correspondence one with another . for beeing very much against his minde ( as he doth confesse ) thrust into the office of an aduocate to pleade this cause ; he suffered himselfe to be carried ( after his engagement ) with some heat , to vtter some things against his conscience murmuring and grumbling the contrary within ; and to affirme some other things with confidence , whereof he had not been otherwise informed , then onely by vaine and lying report . of which ranke is that bold assertion of his lordship ; that many catholiks in england , rather then they would subscribe to the oath of allegiance in the form thereof , haue vndergone all sorts of punishment . for in england ( as we haue truely giuen the whole christian world to vnderstand in our preface to the apologie ) there is but one forme or kind of punishment ordained for all sorts of traytors . hath not his lordship now graced me with goodly testimonialls of prayse and commendation ? am i not by his prayses proclaimed a tyrant , as it were inebriated with blood of the saints , and a famous enginer of torments for my catholikes ? to this exhortation for the suffering of martyrdome , in imitation of my english traytors and parricides , if we shall adde ; how craftily and subtilly he makes the kings of england to hold of the pope by fealty , and their kingdome in bondage to the pope by temporall recognizance ; it shall easily appeare , that his holy-water of prayses wherewith i am so reuerently besprinkled , is a composition extracted out of a dram of hony and a pound of gall , first steeped in a strong decoction of bitter wormewood , or of the wild gourd called coloquintida . for after he hath in the beginning of his oration , spoken of kings that owe fealtie to the pope , and are not soueraignes in the highest degree of temporal supremacie within their kingdomes ; to explaine his mind and meaning the better , he marshals the kings of england a little after in the same ranke . his words be these ; when king iohn of england , not yet bound in any temporall recognizance to the pope , had expelled his bishops , &c. his lordship means , that king iohn became so bound to the pope not long after . and what may this meaning be , but in plaine tearmes and broad speach , to cal me vsurper and vnlawfull king ? for the feudatarie , or he that holdeth a mannor by fealty , when he doth not his homage , with all suit and seruice that he owes to the lord paramount , doth fall from the propertie of his fee. this reproach of the l. cardinals , is seconded with an other of bellarmines his brother cardinall ; that ireland was giuen to the kings of england by the pope . the best is that his most reuerend lordship hath not shewed , who it was that gaue ireland to the pope . and touching iohn king of england , thus in briefe stands the whole matter . between henry . and the pope had passed sundry bickerments , about collating of ecclesiasticall dignities . iohn the sonne , after his fathers death , reneweth , vndertaketh , and pursueth the same quarrell . driueth certaine english bishops out of the kingdome , for defending the popes insolent vsurpation vpon his royall prerogatiue , and regall rights . sheweth such princely courage and resolution in those times , when all that stood and suffered for the popes temporall pretensions against kings , were enrowled martyrs or confessors . the pope takes the matter in fowle scorne , and great indignation ; shuts the king by his excommunicatory bulls out of the church ; stirres vp his barons , for other causes the kings heauy friends , to rise in armes ; giues the kingdome of england ( like a masterlesse man turned ouer to a new master ) to philippus augustus king of france ; binds philip to make a conquest of england by the sword , or else no bargaine , or else no gift ; promises philip , in recompence of his trauell and royall expences in that conquest , full absolution and a general pardon at large for all his sinnes : to be short , cuts king iohn out so much worke and makes him keep so many yrons in the fire for his worke , that he had none other way , none other meanes to pacifie the popes high displeasure , to correct or qualifie the malignitie of the popes cholericke humour , by whom he was then so intangled in the popes toyles , but by yeelding himselfe to become the popes vassall , and his kingdome feudatary or to hold by fealty of the papall see. by this meanes his crowne is made tributarie , all his people liable to payment of taxes by the poll for a certaine yearly tribute , and he is blessed with a pardon for all his sinnes . whether king iohn was mooued to doe this dishonourable act vpon any deuotion , or inflamed with any zeale of religion ; or inforced by the vnresistable weapons of necessitie , who can be so blind , that he doth not well see and clearely perceiue ? for to purchase his owne freedom from this bondage to the pope ; what could he be vnwilling to doe , that was willing to bring his kingdome vnder the yoke of amirales murmelinus a mahumetan prince , then king of granado and barbaria ? the pope after that , sent a legat into england . the king now the popes vassall , and holding his crowne of the pope , like a man that holds his land of an other by knights seruice , or by homage and fealty , doth faire homage for his crowne to the popes legat , and layeth downe at his feete a great masle of the purest gold in coyne . the reuerend legat , in token of his masters soueraigntie , with more then vsuall pride fals to kicking and spurning the treasure , no doubt with a paire of most holy feete . not onely so ; but likewise at solemne feasts is easily entreated to take the kings chaire of estate . here i would faine know the lord cardinals opinion ; whether these actions of the pope were iust or vniust , lawfull or vnlawfull , according to right or against all right and reason . if he will say against right ; it is then cleare , that against right his lordship hath made way to this example : if according to right ; let him then make it knowne , from whence or from whom this power was deriued and conuaied to the pope , whereby he makes himselfe soueraigne lord of temporalties in that kingdome , where neither he nor any of his predecessors euer pretended any right , or laid any claime to temporall matters before . are such prankes to be played by the pontificiall bishop ? is this an act of holinesse , to set a kingdome on fire by the flaming brands of sedition ? to dismember and quarter a kingdome with intestine warres ; onely to this end , that a king once reduced to the lowest degree of miserie , might be lifted by his holinesse out of his royall prerogatiue , the very soule and life of his royall estate ? when beganne this papall power ? in what age beganne the pope to practise this power ? what! haue the auncient canons , ( for the scripture in this question beareth no pawme ) haue the canons of the auncient church , imposed any such satisfaction vpon a sinner , that of ueraigne and free king , he should become vassal to his ghostly father ; that he should make himselfe together with all his people and subiects tributaries to a bishop , that shall rifle a whole nation of their coyne , that shall receiue homage of a king , and make a king his vassall ? what! shall not a sinner be quitted of his faults , except his pastor turne robber , and one that goeth about to get a booty ? except he make his pastor a feoffee in his whole estate , and suffer himselfe vnder a shadow of penance to freeze naked , to be turned out of all his goods and possessions of inheritance ? but be it graunted , admit his holinesse robs one prince of his rights and reuenewes , to conferre the same vpon an other : were it not an high degree of tyrannie to finger an other mans estate , and to giue that away to a third , which the second hath no right , no lawfull authoritie to giue ? well , if the pope then shall become his own caruer in the rights of an other ; if he shal make his owne coffers to swell with an others reuenewes , if he shall decke and array his owne backe in the spoyles of a sinner , with whom in absolution he maketh peace , and taketh truce ; what can this be else , but running into further degrees of wickednesse and mischiefe ? what can this be else , but heaping of robbery vpon fraud , and impiety vpon robbery ? for by such deceitfull , crafty , and cunning practises , the nature of the pontificiall sea , meerely spirituall , is changed into the kings-bench-court , meerely temporall : the bishops chaire is changed into a monarchs throne . and not onely so ; but besides , the sinners repentance is changed into a snare or pit-fall of cousening deceit ; and saint peters net is changed into a casting-net or a flew , to fish for all the wealth of most flourishing kingdomes . moreouer , the king ( a hard case ) is driuen by such wyles and subtilties , to worke impossibilities , to act more then is lawfull or within the compasse of his power to practise . for the king neither may in right , nor can by power trans-nature his crowne , impaire the maiestie of his kingdome , or leaue his royall dignitie lesse free to his heire apparant , or next successor , then he receiued the same of his predecessor . much lesse , by any dishonourable capitulations , by any vnworthy contracts , degrade his posteritie , bring his people vnder the grieuous burden of tributes and taxes to a forraine prince . least of all , make them tributary to a priest : vnto whom it no way appertaineth to haue any hand in the ciuill affaires of kings , or to distaine & vnhallow their crownes . and therefore when the pope dispatched his nuntio to philippus augustus , requesting the king to avert lewis his sonne from laying any claime to the kingdom of england ; philip answered the legat ( as we haue it in math. paris ; ) no king , no prince can abienate or giue away his kingdome , but by consent of his barons , bound by knights seruice to defend the said kingdom : and in case the pope shall stand for the contrary error , his holinesse shall giue to kingdomes a most pernicious example . by the same authorit is testified , that king iohn became odious to his subiects , for such dishonorable and vnworthie inthralling of his crowne and kingdome . therefore the popes right pretended to the crowne of england , which is nothing else but a ridiculous vsurpation , hath long agoe vanished into smoake , and required not so much as the drawing of one sword to snatch and pull it by violence out of his hands . for the popes power lying altogether in a certaine wild and wandring conceit or opinion of men , and beeing onely an imaginary castle in the ayre , built by pride , and vnderpropped by superstition , is very speedily dispersed vpon the first rising and appearing of the truth in her glorious brightnesse . there is none so very a dolt or block-head to deny , that in case this right of the pope ouer england , is grounded vpon gods word , then his holinesse may challenge the like right ouer all other kingdomes : because all other kingdomes , crownes , and scepters are subiect alike to gods word . for what priuiledge , what charter , what euidence can france fetch out of the rolles , or any other treasurie of her monuments or records , to shew that she oweth lesse subiection to god then england ? or was this yoke of bondage then brought vpon the english nation ; was it a prerogatiue , whereby they might more easily come to the libertie of the sonnes of god ? or were the people of england perswaded , that for all their substance , wealth , and life bestowed on the pope , his holinesse by way of exchange returned them better weight and measure of spirituall graces ? it is ridiculous , onely to conceiue these to yes in thought ; and yet with such ridiculous , with such toyes in conceit , his lordship feedes and entertains his auditors . from this point he falleth to an other bowt and fling at his heretikes , with whom he played no faire play before : there is not one synode of ministers ( as he saith ) which would willingly subscribe to this article , whereunto we should be bound to sweare . but herein his lordship shooteth farre from the mark . this article is approued and preached by the ministers of my kingdome . it is likewise preached by those of france , and if neede be ( i assure my selfe ) will be signed by all the ministers of the french church . the l. cardinall proceedeth , ( for hee meaneth not so soone to giue ouer these heretikes : all their consistories beleeue it as their creede ; that if catholike princes at any time shall offer force vnto their conscience , then they are dispensed withall for their oath of allegiance . hence are these modifications and restrictions , tossed so much in their mouthes ; prouided the king force vs not in our conscience . hence are these exceptions in the profession of their faith ; prouided the soueraigne power and authoritie of god , be not in any sort violated or infringed . i am not able to conceiue what engine can be framed of these materialls , for the bearing of kings out of their eminent seats , by any lawfull authority or power in the pope . for say , those of the religion should be tainted with some like errour ; how can that be any shelter of excuse for those of the romish church , to vndermine or to digge vp the thrones of their kings ? but in this allegation of the lord cardinal , there is nothing at all , which doth not iumpe iust and accord to a haire with the article of the third estate , and with obedience due to the king. for they doe not professe , that in case the king shall commaund them to doe any act contrarie to their conscience , they would flie at his throat , would make any attempt against his life , would refuse to pay their taxations , or to defend him in the warres . they make no profession of deposing the king , or discharging the people from the oath of allegiance tendred to the king : which is the very point or issue of the matter in controuersie , and the maine mischeife , against which the third estate hath bin most worthily carefull to prouide a wholesome remedie by this article . there is a world of difference betweene the termes of disobedience , and of deposition . it is one thing to disobey the kings commaund in matters prohibited by diuine lawes , and yet in all other matters to performe full subiection vnto the king. it is another thing of a farre higher degree or straine of disloyaltie , to bare the king of his royall robes , throne , and scepter , and when he is thus farre disgraced , to degrade him and to put him from his degree and place of a king. if the holy father should charge the l. cardinal to doe some act repugnant in his owne knowledge to the law of god , i will religiously , and according to the rule of charity presume , that his lordship in this case would stand out against his holinesse , and notwithstanding would still acknowledge him to be pope . his lordship yet prosecutes and followes his former purpose : hence are those armes which they haue oftentimes borne against kings , when kings practised to take away the libertie of their conscience and religion . hence are those turbulent commotions and seditions by them raised , as well in the law-countryes against the king of spaine , as in swethland against the catholike king of polonia . besides , he casteth iunius brutus , buchananus , barclaius , and gerson in our teeth . to what end all this ? i see not how it can be auaileable to authorize the deposing of kings , especially the popes power to depose . and yet his lordship here doth outface ( by his leaue ) and beare downe the truth . for i could neuer yet learne by any good and true intelligence , that in france those of the religion took armes at any time against their king. in the first ciuill warres they stood onely vpon their guard : they stood only to their lawfull wards and locks of defence : they armed not , nor tooke the field before they were pursued with fire and sword , burnt vp and slaughtred . besides , religion was neither the root nor the rynde of those intestine troubles . the true ground of the quarrell was this : during the minority of king francis . the protestants of france were a refuge and succour to the princes of the blood , when they were kept from the kings presence , and by the ouer powring power of their enemies , were no better then plaine driuen and chased from the court. i meane , the grand-father of the king now raigning , and the grand-father of the prince of condé , when they had no place of safe retreate . in regard of which worthy and honourable seruice , it may seem the french king hath reason to haue the protestants in his gracious remembrance . with other commotion or insurrection , the protestants are not iustly to be charged . but on the contrary , certaine it is that king henry iii. raysed and sent forth seuerall armies against the protestants , to ruine and roote them out of the kingdom : howbeit , so soon as they perceiued the said king was brought into dangerous tearms , they ranne with great speed and speciall fidelitie to the kings rescue and succour , in the present danger . certaine it is , that by their good seruice the said king was deliuered , from a most extreame and imminent perill of his life in the city of tours . certaine it is , they neuer abandoned that henry . nor his next successor henry . in all the heat of reuolts and rebellions , raised in the greatest part of the kingdome by the pope , and the more part of the clergie : but stood to the said kings in all their battels , to beare vp the crowne then tottering and ready to fall . certaine it is , that euen the heads and principalls of those by whome the late king deceased was pursued with all extremities , at this day doe enioy the fruit of all the good seruices done to the king by the said protestants . and they are now disgraced , kept vnder , exposed to publike hatred . what , for kindling coales of questions and controuersies about religion ? forsooth , not so : but because if they might haue equall and indifferent dealing , if credit might be giuen to their faithfull aduertisements , the crowne of their kings should be no longer pinned to the popes flie-flap ; in france there should be no french exempted from subiection to the french king ; causes of benefices or of matrimonie , should be no longer citable and summonable to the romish court ; and the kingdome should be no longer tributarie vnder the colour of annats , the first fruits of benefices after the remooue or death of the incumbent , and other like impositions . but why do i speake so much in the behalfe of the french protestants ? the lord cardinall himselfe quittes them of this blame , when he telleth vs this doctrine for the deposing of kings by the popes mace or verge , had credit and authoritie through all france , vntill caluins time . doth not his lordship vnder-hand confesse by these words , that kings had been alwaies before caluins time , the more dishonoured , and the worse serued ? item , that protestants , whome his lordship calls heretikes , by the light of holy scripture made the world then and euer since to see the right of kings , oppressed so long before ? as for those of the low countries , and the subiects of swethland , i haue little to say of their case , because it is not within ordinary compasse , and indeed serueth nothing to the purpose . these nations , besides the cause of religion , doe stand vpon certaine reasons of state , which i will not here take vpon me like a iudge to determine or to sift . iunius brutus , whom the l. cardinall obiecteth , is an author vnknowne ; and perhaps of purpose patcht vp by some romanist , with a wyly deceit to draw the reformed religion into hatred with christian princes . buchanan i reckon and ranke among poets , not among diuines , classicall or common . if the man hath burst out here and there into some tearmes of excesse , or speach of bad temper ; that must be imputed to the violence of his humour , and heate of his spirit , not in any wise to the rules and conclusions of true religion , rightly by him conceiued before . barclaius alledged by the cardinal , meddles not with deposing of kings ; but deals with disavowing them for kings , when they shall renounce the right of royaltie , and of their owne accord giue ouer the kingdome . now he that leaues it in the kings choice , either to hold or to giue ouer his crowne , leaues it not in the popes power to take away the kingdome . of gerson obtruded by the cardinall , we haue spoken sufficiently before . where it hath been shewed how gerson is disguised , masked , and peruerted by his lordsh . in briefe , i take not vpon me to iustifie and make good all the sayings of particular authors . we glory ( and well we may ) that our religion affordeth no rules of rebellion : nor any dispensation to subiects for the oath of their allegiance : and that none of our churches giue entertainement vnto such monstrous and abhominable principles of disloyaltie . if any of the french , otherwise perswaded in former times , now hauing altered and changed his iudgement , doth contend for the soueraignty of kings against papal vsurpation ; he doubtles , for winding himselfe out of the laborinth of an error so intricate and pernicious , deserueth great honour and speciall prayse . he is worthy to hold a place of dignity aboue the l. cardinall : who hath quitted and betrayed his former iudgement , which was holy and iust . their motions are contrary , their markes are opposite . the one reclineth from euil to good , the other declineth from good to euill . at last his lordship commeth to the close of his oration , and bindes vp his whole harangue with a feate wreath of praises , proper to his king. he styles the king the eldest sonne of the church , a young shoot of the lilly , which king salomon in all his royaltie was not able to match . he leades vs by the hand into the pleasant meadowes of histories , there to learne vpon the very first sight and viewe , that so long , so oft as the kings of france embraced vnion , and kept good tearmes of concord with popes and the apostolike see ; so long as the spouse of the church was pastured and fed among the lillies , all sorts of spirituall & temporall graces abundantly showred vpon their crownes , and vpon their people : on the contrary , when they made any rent or separation from the most holy see ; then the lillies were pricked and almost choaked with sharpe thornes ; they beganne to droope , to stoope , and to beare their beautifull heads downe to the very ground , vnder the strong flawes and gusts of boysterous winds and tempests . my answer to this flourishing close and vpshot , shall beno lesse apert then apt . it sauours not of good and faithfull seruice , to smooth and stroake the kings head with a soft hand of oyled speech , and in the meane time to take away the crowne from his head , and to defile it with dirt . but let vs try the cause by euidence of historie , yea by the voice and verdict of experience ; to see whether the glorious beauty of the french lillies , hath been at any time blasted , and thereupon hath faded , by starting aside , and making separation from the holy see. vnder the raigne of king philip the faire , france was blessed with peace and prosperity , notwithstanding some outragious acts done against the papall see , and contumelious crying quittance by king philip with the pope . lewis . in ranged battell defeated the armies of pope iulius . and his confederates : proclaimed the said pope to be fallen from the popedome : stamped certaine coynes and peices of gold with a dishonourable mot , euen to rome it selfe , rome is babylon : yet so much was lewis loued and honoured of his people , that by a peculiar title he was called , the father of the country . greater blessings of god , greater outward peace and plenty , greater inward peace with spirituall and celestial treasures , were neuer heaped vpon my great brittaine , then haue been since my great brittaine became great in the greatest and chiefest respect of all ; to wit , since my great brittaine hath shaken off the popes yoke ; since shee hath refused to receiue and to entertain the popes legats , employed to collect s. peters tribute or peter-pence ; since the kings of england , my great brittaine , haue not beene the popes vassals to doe him homage for their crowne , and haue no more felt the lashings , the scourgings of base and beggarly monkes . of holland , zeland , and friseland , what need i speake ? yet a word and no more . were they not a kind of naked and bare people , of small value , before god lighted the torch of the gospel , and aduanced it in those nations ? were they not an ill fedde and scragged people , in comparison of the inestimable wealth and prosperity ( both in all military actions and mechanicall trades , in trafficke as merchants , in marting as men of warre , in long nauigation for discouerie ) to which they are now raysed and mounted by the mercifull blessing of god , since the darknes of poperie hath been scattered , and the bright sunne of the gospel hath shined in those countryes ? behold the venetian republique . hath shee now lesse beautie , lesse glory , lesse peace and prosperitie , since she lately fell to bicker and contend with the pope ? since shee hath wrung out of the popes hand , the one of his two swords ? since she hath plumed and shaked his temporall dominion ? on the contrarie ; after the french kings had honoured the popes , with munificent graunts and gifts of all the cities and territories , lands and possessions , which they now hold in italy , and the auncient earledome of avignon in france for an ouer-plus ; were they not rudely recompenced , and homely handled by their most ingratefull fee-farmers and copy-holders ? haue not popes forged a donation of constantine , of purpose to blot out all memory of pepins and charlemaignes donation ? haue they not vexed and troubled the state ? haue they not whetted the sonnes of lewis the courteous against their owne father , whose life was a pattern and example of innocencie ? haue they not by their infinite exactions , robbed and scoured the kingdome of all their treasure ? were not the kings of france , driuen to stoppe their violent courses by the pragmaticall sanction ? did they not sundrie times interdict the kingdome , degrade the kings , solicite the neighbour-princes to inuade and lay hold on the kingdome , and stirre vp the people against the king , whereby a gate was opened to a world of troubles and parricides ? did not rauaillac render this reason for his monstrous & horrible attempt , that king henry had a designe to warre with god , because he had a designe to take armes against his holinesse , who is god ? this makes me to wonder , what mooued the l. cardinall to marshall the last ciuill warres and motions in france , in the ranke of examples of vnhappie separation from the pope ; when the pope himselfe was the trumpetor of the same troublesome motions . if the pope had beene wronged and offended by the french king , or his people , and the kingdome of france had been scourged with pestilence , or famine , or some other calamitie by forraine enemies ; it might haue been taken in probabilitie , as a vengeance of god for some iniurie done vnto his vicar . but his holinesse beeing the root , the ground , the master-workman and artificer of all these mischiefes ; how can it be said , that god punisheth any iniury done to the pope ? but rather that his holinesse doth reuenge his owne quarrell ; and which is worst of all , when his holinesse hath no iust cause of quarrell or offence . now then ; to exhort a nation ( as the l. cardinall hath done ) by the remembrance of former calamities , to currie fauour with the pope , and to hold a strict vnion with his holinesse , is no exhortation to beare the pope any respect of loue , or of reuerence , but rather a rubbing of memorie , and a calling to mind of those grieuous calamities , whereof the pope hath been the onely occasion . it is also a threatning and obtruding of the popes terrible thunderbolts , which neuer scorched nor parched any skinne , ( except crauens and meticulous bodies ) and haue brought many great showres of blessings vpon my kingdome . as for france , if she hath enioyed prosperitie in the times of her good agreement with popes , it is because the pope seeks the amitie of princes that are in prosperitie , haue the meanes to curbe his pretensions , and to put him to some plunge . kings are not in prosperitie , because the pope holds amity with kings ; but his holinesse vseth all deuises , and seeketh all meanes to haue amitie with kings , because hee sees them flourish and sayle with prosperous winds . the swallow is no cause , but a companion of the spring : the pope is no worker of a kingdoms felicitie , but a wooer of kings when they sit in felicities lap : he is no founder , but a follower of their good fortunes . on the other side : let a kingdome fall into some grieuous disaster or calamitie , let ciuill wars boyle in the bowels of the kingdome ; ciuill warres no lesse dangerous to the state , then fearefull and grieuous to the people ; who riseth sooner then the pope , who rusheth sooner into the troubled streames then the pope , who thrusteth himselfe sooner into the heate of the quarrell then the pope , who runneth sooner to raise his gaine by the publike wrack then the pope , and all vnder colour of a heart wounded and bleeding for the saluation of soules ? if the lawfull king happen to be foyled , to be oppressed , and thereupon the state by his fall to get a new master by the popes practise ; then the said new-master must hold the kingdome as of the popes free gift , and rule or guide the sterne of the state at his becke , and by his instruction . if the first and right lord , in despite of all the popes fulminations and fire-workes , shall get the honourable day , and vpper hand of his enemies ; then the holy father with a cheerfull and pleasant grace , yea with fatherly gratulation , opens the rich cabinet of his iewells , i meane the treasurie of his indulgences , and falls now to dandle and cocker the king in his fatherly lap , whose throat if he could , he would haue cut not long before . this pestilent mischiefe hath now a long time taken roote , and is growne to a great head in the christian world , through the secret but iust iudgement of god ; by whom christian kings haue beene smitten with a spirit of dizzinesse . christian kings , who for many ages past haue liued in ignorance , without any sound instruction , without any true sense and right feeling of their owne right and power : whilest vnder a shadow of religion and false cloake of pietie , their kingdomes haue beene ouer-burdened , yea ouer-born with tributes , and their crownes made to stoope euen to miserable bondage . that god in whose hand the hearts of kings are poised , and at his pleasure turned as the water-courses ; that mighty god alone , in his good time , is able to rouze them out of so deepe a slumber , and to take order ( their drowzy fits once ouer and shaken off with heroicall spirits ) that popes hereafter shall play no more vpon their patience , nor presume to put bits and snaffles in their noble mouthes , to the binding vp of their power with weake scruples , like mighty buls lead about by litle children with a small twisted thred . to that god , that king of kings i deuote my scepter ; at his feet in all humblenes i lay downe my crowne ; to his holy decrees and commaunds i will euer be a faithfull seruant , and in his battels a faithfull champion . to conclude ; in this iust cause and quarrell , i dare send the challenge , and will require no second , to maintain as a defendant of honour , that my brother-princes and my selfe , whom god hath aduanced vpon the throne of soueraigne maiesty and supreame dignity , doe hold the royall dignity of his maiesty alone ; to whose seruice , as a most humble homager and vassall , i consecrate all the glory , honour , splendor , and lustre of my earthly kingdomes . finis . notes, typically marginal, from the original text notes for div a -e i haue receiued aduertisement frō diuers parts , that in the popes letters to the nobilitie these words were extant , howsoeuer they haue beene left out in the impression , & rased out of the copies of the said letters . in . seuerall passages the l. card. seemeth to speake against his owne conscience . pag. . pag. . pag. . . in the preface to my apologie . pag. . pag. . & pag. . arist . . top . cap . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , sound both one thing . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , prouided the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or vtrùm , do stand before , as , vtrùm homo sit animal . notes for div a -e pag. . pag. . conc. constan . sess . . caus . . can. alius . qu. . paul. aemil . in phil. . annal. boio . lib. . iuuanen . episcop . optima poenitentia nova vita . conc. constan . sess . . exampl . . pag. . evag . hist . eccles . lib. . cap. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . * nomocan . affric . can. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 * can. . eiusd . nomo . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . anathema tibi à me liberi . faber . in frag . hilarij . exampl . . exam. . pag. . * epist . . l. ego autem indignus pietatis ●uae seruus . ego verò haec dominis meis loquens , quid sum nisi pul vis & vermis ? ibid. ego quidem ●●ssioni subiectus , &c. ep. . l. . examp. . examp. . examp. . data . cal. decem imperante dom. pijssimo augusto leone , à deo coronato , magno imp. anno decimo imperij eius . examp. . pag. . perfectis laudibus , à pontific● more principum antiquorum adoratus est . auentinus annalium boiorum lib. . post haec ab eodem pontifice vt caeteri veterum principum , more maiorum adoratus est magnus . sigeb . ad an . . maria. scotus lib. . annalium . plat. in vita leon. . auent . annal . boio . lib. . imperium transferre iure suo in germanos , carolumque tacito senatus consulto plebiscitoque d●cernunt . examp. . pag. . examp. . pag. . exam. . an. . sigeb . ad an . . otho frisingens . in vita hen. . lib. . cap. . theo. lib. . hist . cap. ▪ ammia . lib. . decret . dist . . platina . sigebertus . anastatius . platina . lib. pontisi . diaconus . 〈…〉 sigeberius . iustin . authent . . cap. . * note that in the same dist . the cā . of greg. . beginning with cum hadrianus secundus , is false and supposititious because greg. . wa● pope long before hadri . . tria tcterrima monstra . bo●he● . decret . eccles . gallican . lib. . tit . . annal. boio . lib. . examp. . bochei . pag. . extrauag . meruit . see the treatise of charles du moulin cōtrà paruas datas , wherein he reporteth a notable decree of the court vnder charles . theodoric . n●emens . in nemore vnion . tract . . & somnium viridarij . pag. ● . pag. . nisi de consensu regis christianissimi . bochellus . indiscretè ac inconsideratè . doctrinaliter tantùm & non iuridicè . pag. . bibliotheca patrum . tom. . d● co●sid●r ib. . cap. . lib. . cap. . dist . . quaest . . comment . in l. . sent. dist . . fol. . de potest . regia & papali . cap. . almain . de potest . eccl. & laica . quest . . cap. . de dominio naturali ciuili & eccl. . vlt. pars . quaest . . de potest . eccles . & laic . c. . & . quaest . . c. . & sic non deposuit autoritatiue . quae. . c. . quaest . . c●● . sacerd quaest . . de potest . eccl. & laic . cap. . in cap. . & . quest ▪ ● . cap. . pag. . pag. . pag. . . . where the card. takes char. . for charl. . pag. . & sequentib . aduer . barclaium . can. si papa , dist . . nisi sit à fide deuius . omnia iura in scrinio pectoris . pag. . pag. . pag. . orat. ad ciues timore perculsos . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . vide canones graecos à tilio editos . pag. . . sam. . . & . . & . sam. . . . sam. . . . sam. . . . sam. . ▪ . k●● . . . kin. . pag. . . chro. . antiq. l. . cap. . pag. . pag. . pag. . pag. . pag. . tert. apol. cap. . hesterni sumus , & omnia vestra impleuimus . cypr. cont . demetr . socr. lib. . cap. . theod. lib. ▪ cap. . sozom. lib. . cap. . august●n psal . . pag. . pag. . epist . lib. . epist . . epist . lib. . in apol. pro iuram . fidel . his owne words . lib. . epist . . apud a. than . in epist . ad solitar . vitam agentes . the . reas . pag. . psal . . pag. . pag. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . see the bull of innoc. . at the end of the later . conc. ier. . . cor. . extauag . vnam sanctam . psal . . ioh. . pag. . pag. . note by the way that here the church of rome is called a sect . contr. barclaium . cap. . sess . . sess . cap. . pag. . pag. . gerson . in phaedone . in reos maiestatis , & publicos hostes omnis homo miles est . ter. apol . cap. . pag. . can. excom . caus . . quaest . . pag. . pag. . lib. . cap. . si papa regem deponat , ab illis tantum p●terit , expelli vel interfici , quibus ipse id commiserit . aliquot annis post , apostolicae sedis nuncius in angliam ad colligendum s. petri vectigal missus . onu●phri in vit paul. . vide & math. paris . onup . de vitis pontif. in vit . mar. . doth testifie , that marcel also after adrian . vsed these words : non video quo modo qui locum hunc altiss . tenent , saluari possint . pag. . pag. . richerius . the declaration of the lords and commons in parliament assembled concerning the earl of stamford and others his assistants; whom the king proclaimed traytors for executing the ordinance of the militia. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the declaration of the lords and commons in parliament assembled concerning the earl of stamford and others his assistants; whom the king proclaimed traytors for executing the ordinance of the militia. england and wales. parliament. sheet ([ ] p.) printed for g.g. for c. latham and t. creake, london : [i.e. ] order to print dated and signed: sabbathi julii. john brown cler. parliamentorum. these persons have acted acording to their duties and shall be protected by the power and authority of parliament. -- steele. reproduction of the original in the british library. eng prerogative, royal -- great britain -- early works to . great britain -- militia -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no the declaration of the lords and commons in parliament assembled, concerning the earl of stamford and others his assistants; whom the king p england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the declaration of the lords and commons in parliament assembled , concerning the earl of stamford and others his assistants ; whom the king proclaimed traytors for executing the ordinance of the militia . whereas henry earl of stamford was by ordinance of both houses of parliament appointed lord-lieutenant of the county of leicester , and by the order of both the said houses the magazin of the said county was delivered into his hands to be removed or disposed of as he should thinke fit for the safety and defence of his maiesty and the county ; in obedience whereunto the said earle did take the said magazine and did place a great part thereof at his house at bradgate under safe guard , and the residue thereof at a place in the newarkeneere the towne of leicester ; for the doing whereof the said earle , and also william sherman , william stanley , john norris , and william reynor , upon pretence of being afsistants to the said earle , and all other his adherents , were without all colour of law , and against the rights and liberties of the subiect proclaimed traytors , which as concerning the said earle being a member of the house of peeres , is a high breach of the priviledge of parliament : be it therefore declared by the said lords and commons , that the said earle , william sherman , william stanley , john norris , william reynor , nor any other of the parties which were assisting of the said earle in the premises , have done any thing herein but according to their duties , and in obedience to the commands of both houses of parliament ; and that therefore the said earle and all other the said persons his assistants and every of them shall and ought to be protected by the power and authority of both houses of parliament . and the said lords and commons do hereby forbid all sheriffes , majors , bayliffes , constables , and other his maiesties officers and subiects whatsoever , any way to arrest , impeach , molest , or trouble the said earle , william sherman , william stanley , john norris , william reynor , or any other of the said persons ( so assisting to the said earle ) either in their persons , goods , or estates , for , or by reason of the premises without the authority or consent of both houses of parliament . sabbathi julii . . ordered by the lords in parliament , that this declaration be forthwith printed and published . john brown cler. parliamentorum . london printed by e. g. for c. latham and t. creake . . the judgment and doctrine of the church of england concerning one special branch of the king's prerogative, viz. in dispencing with the penall laws / asserted by the most reverend father in god, the lords arch-bishops bancroft, laud and usher, the right reverend fathers in god, the lords bishops sanderson and cartwright, the reverend doctors, sir thomas ridley l.l.d., dr. hevlin, dr. barrow, dr. sherlock master of the temple, dr. hicks, dr. nalson and dr. puller ; and by the anonymus, author of the harmony of divinity and law : together with the concurring resolutions of our reverend judges, as most consonant and agreeable thereunto ; in a letter from a gentleman of oxford, to his friend at london. gentleman of oxford. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the judgment and doctrine of the church of england concerning one special branch of the king's prerogative, viz. in dispencing with the penall laws / asserted by the most reverend father in god, the lords arch-bishops bancroft, laud and usher, the right reverend fathers in god, the lords bishops sanderson and cartwright, the reverend doctors, sir thomas ridley l.l.d., dr. hevlin, dr. barrow, dr. sherlock master of the temple, dr. hicks, dr. nalson and dr. puller ; and by the anonymus, author of the harmony of divinity and law : together with the concurring resolutions of our reverend judges, as most consonant and agreeable thereunto ; in a letter from a gentleman of oxford, to his friend at london. gentleman of oxford. p. printed for j.h. and t.s. ..., london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng bancroft, richard, - . prerogative, royal -- great britain. church and state -- great britain. religious tolerance -- church of england. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the judgment and doctrine of the clergy of the church of england , concerning one special branch of the king's prerogative , viz. in dispencing with the penall laws , asserted by the most reverend fathers in god , the lords arch-bishops bancroft , laud and vsher . the right reverend fathers in god , the lords bishops sanderson and cartwright . the reverend doctors , sir thomas ridley l. l. d. dr heylin , dr barrow , dr sherlock master of the temple , dr hicks , dr nalson and dr puller . and by the anonymvs , author of the harmony of divinity and law. together with the concurring resolutions of our reverend judges , as most consonant and agreeable thereunto . in a letter from a gentleman of oxford , to his friend at london . licenced the d . of may . upon whomsoever god is understood to bestow the soveraign authority , he must also be understood to bestow upon him all the jura majestatis ; or essential rights of soveraignty , according to that maxim , qui dat esse , dat & omnia pertinentia ad esse ; he that gives the essence , gives also the properties belonging to the essence . jovian , or an answer to julian the apostate , chap. . london , printed for j. h. and t. s. and are to be had at most book-sellers , in london and westminster . sir , in one of the late conferences you were pleased to have with me , you seemed to be somewhat disatisfied upon the subject we were discoursing of , which was , whither the king had by law such a supream power inherent in , and inseparably annexed to his crown , as to dispence with penal laws . i remember i then told you , we could not resolve our selves of this great point , but by these two wayes . . to see , how far the judgment of our church-men , appearing in their doctrines ( which are for our edification ) doth warrant this prerogative to be in the king. ii. to see how far the judges resolutions ( in declaring their sence of the law of the land in this doubtful question , ) do agree with such their judgments and doctrines . and as for the first , sir , i doubt not but to make it clear , past all peradventure , that our reverend clergy of the church of england have unanimously concurred in this point of doctrine , that it doth inseparably belong to the kingly office to dispence with penal laws , when ever such a supremacy of power shall be thought necessary to be exerted for the safety of the king , and the good and ease of his people in general . and if i can prove this undeniably to you ; i hope then that this nice scruple of yours ( which by the way , i suppose , you will allow me to call your tender conscience ) will easily be removed ; and consequently then it may be presumed , i shall have less difficulty to satisfie you in the other point , that this sence of the law of the land in the point in question , is no other , than what is exactly correspondent with the judgment and doctrine of the clergy of the church of england . to begin then , the reverend dean of worcester , in his so deservedly applauded answer to julian the apostate , declares , that the english realm is a perfect soveraignty , or empire , and that the king of england by the imperial laws of it , is a compleat , imperial , and independant soveraign . and he quotes coke in cawdrye's case , who saith , that by the antient laws of this realm , england is an absolute empire , and monarchy ; and that the king is furnished with plenary and entire power , prerogative , and jurisdiction , and is supream governour over all persons within this realm . now it would be a contradiction to call this an imperial crown ; to acknowledge the king for supream over all persons , — and that he is furnished with plenary and entire power , unless he have all those rights , which are involved in the very notion of his imperial soveraignty . by the rights of soveraign , saith he , i understand those prerogatives , and preeminences of power and greatness , which are involved in the formal conception of soveraignty , and are inseparably annexed to the soveraign . — he hath no sharers or co-partners in the soveraignty ; none co-ordinate with him in government ; no equal , nor superiour , but only god , to whom alone he is subject , — all power and jurisdiction spiritual and temporal is derived and deducted from him , as supream head of these churches , and realms . there are some essential rights of the crown , which the subjects cannot obtain from their soveraign by any grant or prescription , without destroying the essential and individual rights of monarchy . these rights , called the flowers of the crown , are regalia suprema , or summa jura imperij , regno tuendo servientia , inherent to his royal function , and politick capacity , and serve for the strength and support thereof — such are the rights of making war and peace , of having the last appeal unto him , or his great council and supream court ; and of making leagues , and of dispensing with penal laws , granting pardons , and such like . now if the king hath a perfection and fulness of imperial power in him , as dr hicks hath clearly made out , and this power of dispensing with penal laws be ( as it must be , or nothing ) one of those prerogatives and pre-eminencies of power and greatness , which are involved in the formal conception of soveraignty ; then certainly it is very plain , that this is an essential right inseparably annexed to our imperial soveraign : and to go about to deprive him of such an inherent right , it would tend to the disinherison of the king and his crown . this phrase , he saith , of the disinherison of the king and the crown in other * acts of parliament is called , the destruction of the king's soveraignty , his crown , his regality , and things that tend thereunto , things that are openly against the king's crown in derogation of this regality . and , sir to convince you , that the king hath this perfection and fulness of power , more especially in matters of religion , in his sacred person , you may please to be informed , that that great metropolitan of all england , arch-bishop bancroft , when question was made of what matters the ecclesiastical judges have cognisance , either upon the exposition of the statutes concerning tythes , or any other thing ecclesiastical , or upon the statute eliz. concerning the high commission , or in any other case in which there is not express authority in law , declared , that the king himself may decide it in his royal person ; and that the judges are but the delegates of the king , and that the king may take what causes he shall please to determine , from the determination of the judges , and may determine them himself . and the archbishop said , that this was clear in divinity , that such authority belongs to the king by the word of god in the scripture . so that eminent prelate . for , as it is well observed by that learned knight , and doctor in the civil law , sir thomas ridley . his majesty , by communicating his authority to the judges to expound his laws , doth not thereby abdicate the same from himself , but that he may assume it again to him , when , and as often as he pleaseth , whose interpretation in that is to be preferred before theirs . for , as he saith in another place , he is both by the ordinance of god and man , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ( as the apostle terms him ) among them , that is , one who is supream soveraign above the rest , and whom they ought in all things to obey , so it be not against the law of god , and common justice ; for himself is insteed of the whole law , yea , he is the law it self , and the only interpreter thereof , as in whose breast is the whole knowledg of the same . now , sir , what answer can you give to all this ? if it be clear in divinity , that such authority belongs to the king by the word of god in the scripture , with what colour of reason can you deny the king 's imperial soveraignty in dispensing with penal laws ? but to proceed more clearly to the point in question , the most reverend , renowned and religious prelate and patriot , dr w. laud , archbishop of canterbury , a man of such eminent vertue , ( as the author of his life writes of him ) such an exemplary piety towards god , such an unwearied fidelity to his gracious soveraign , and of such a publick soul towards church and state , that he lived the honour , and dyed a martyr of both . i say , this great , but at last unfortunate prelate , thus delivers his considerate opinion , that the supream magistrate in the estate civil , may not abrogate the laws made in parliament , though he may dispence with the sanction or penalty of the law , quoad hic & nunc , as the lawyers speak . the next i shall give you , is , that learned and moderate primate and metropolitan of all ireland , dr. james vsher , late lord arch-bishop of armagh , who in his book entituled , the power communicated by god to the prince , and the obedience required of the subject , composed purposely for the rights both of princes and subjects , and for the comfirmation of staggering loyalty , assures us , that positive laws , being ( as other works of men are ) imperfect and not free from many discommodities , if the strict observation thereof should be pursued in every particular ; it is fit the supream governour should not himself only be exempted from subjection thereunto , but also be so far lord over them , that where he feeth cause he may abate , or totally remit the penalty incurred by the breach of them , dispence with others for the not observing of them at all ; yea , and generally suspend the execution of them , when by experience he shall find the inconveniences to be greater then the profit that was expected should redound thereby unto the common-wealth . plutarch setteth this down as a chief point of that natural skill which philopoemen had in government , that he did not only rule according to the laws , but over-ruled the laws themselves , when he found it conducing to the weal-publick . and he saith a little before , by the law of the king , i understand such ordinances as are meerly civil and positive ; the coactive power whereof being derived from him who is the supream law-giver under god on earth , he himself cannot properly be said to be tyed thereby . for as with the grammarians , the imperative mood hath no first person , so with the civilians , a no man can command or forbid himself ; at least wise , no b man can impose such a law upon himself , but that he may recede from it when he pleaseth . and with the schoolmen ▪ a law hath power to direct such acts as belong to those who are subject to the government of c another ; whereupon no man , if we speak properly , doth impose a law upon his own acts. as no man therefore is superior to himself , so no man hath jurisdiction over himself ; because none can oblige a man against his will , but only his superiour , and the jurisdiction over a man's self may be dissolved at pleasure . kings therefore , as he affirms in another place , are said to be above the laws whereby they govern their people , partly in respect of themselves , partly in respect of others : of others , in asmuch as they have power to judge a according to their own conscience , and not according to the letter of the law ; as also to dispence in some cases with the very obedience , in some with the punishment required by the law . for , he quotes aeneas silvius a little after saying , equity is that which is just beyond the written law : now if the law doth command one thing , and equity perswade another , it is fit the emperor should temper the rigour of the law with the bridle of equity , as he who alone may and ought to look unto that interpretation which lieth interposed between law and equity . especially seeing no decree of the law , although weighed with never so considerate councel , can sufficiently answer the varieties and unthought on plottings of mans nature . and seeing the condition of human law is such , that it runneth always without stint , and there is nothing in it which can be at a perpetual stand ; it is manifest , that in tract of time the laws which before were just , prove afterwards to be unjust , and become now unprofitable , now harsh , now unrighteous : for the moderating whereof there is need of the prince , who is lord of the laws . for if it fall out , that any thing hath been more obscurely delivered therein , it is fit the emperor should clear it , and amend that harshness of the laws , which he shall find to be contrary and disagreeable to his humanity . for where it is said , that a law , although it be hard , should yet be observed ; that respecteth the inferiour judges , and not the emperour ; in whom is that power of moderating the laws which they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or equity , which is so annexed to the supremacy of the prince , that by no decrees of man it can be pulled from it . thus far aeneas silvius out of him . in regard of themselves kings are said to be exempted from subjection to the laws , both because they are not tyed ( otherwise than for conveniency and good example's sake ) to the observance of such as are meer positive and temporary laws ; and because they are not liable to the civil punishments set down for the breach of any law , as having no superiour upon earth that may exercise any such power over them . and again , saith this great prelate , while the laws do stand in force , a it is fit that somtimes the king's clemency should be mingled with the severity of them ; especially when by that means the subjects may be freed from much detriment and dammage : b the condition of the magistrates , whose sentence is held corrupt , if it be milder than the laws , being one thing ; the power of princes , whom it becometh to qualifie the sharpness of them , a far different matter . to this eminently reverend and judicious primate , i shall next subjoyn the c humble , patient and learned dr robert sanderson , late lord bishop of lincoln , that you may see what his opinion is in this matter . but before i give you his words , let me beg your favour to hear what the modest and holy writer of his life , dr isaac walton says of that book from whence i produce them . how much the learned world stands obliged to him for his lectures de conscientia , i shall not attempt to declare , as being very sensible , that the best pens must needs fall short in the commendation of them : so that i shall only add , that they continue unto this day , and will do for ever , as a compleat standard for the resolution of the most material doubts in casuistical divinity . and now sir , pray observe what the bishop says . vpon a doubt , how may that be understood which so commonly is spoken , salus populi est suprema lex , the safety of the people is the supream law ; he , among other things , thus declares , there is no sober man will deny , that the safety of the people , that is , of the whole commonalty , as that word comprehends the king , together with the subjects , is the supream law ; but that the safety of the people , that is , of the subjects , the king being excluded , is the supream law , there is no man will affirm it , unless he be a fool , or an imposter ; a fool , if he doth believe what he himself saith , and an imposter , if he doth not believe it . but if any man will seriously look into the original of this aphorism , i do believe he will more easily grant , that it ought more precisely to be understood of the safety of the prince , than of the safety of the subjects . this saying , so tossed up and down in the mouthes of all men , came to us from the romans , and was then used by them when their republick did flourish most of all under a popular state : and there is no great reason that any man should wonder , that the people's safety was the supream law with them , with whom the people themselves were the supream power ; in the judgment therefore of those wise antients , who were the first authors of this aphorism , the safety of the supream power was the supream law , of the people indeed in a democracy , but of a king in monarchy . but i say , it being admitted , but not granted , that this aphorism is properly understood of the safety of the people , that is , of the subjects , it is nevertheless perversly wrested to the prejudice of regal dignity , which even so doth render its power more ample and illustrious in this sence . a king that gives laws and statutes to his people will not be so bound up by his laws , that it shall not be lawful for him , the safety of the common-wealth being in an apparent danger , to provide for the safety of kingdom and people committed to him by god , even against the words of the law ; not that it is lawful for subjects under the pretence of the defence of their liberty to break all the bonds of laws and fidelity , and by an intollerable presumption to trample on the authority of their king , but that it is lawful for the prince , in the preservation of his own and his subjects safety , to lay aside for a while all strict observance of the laws , and to make use a little of an arbitrary right , least by too unseasonable and superstitious reverence of the laws , he may suffer both his own person , and his people that are subject to him , and even the laws themselves , to fall into the power of his enemies . i will close up this christian doctrine of our bishops with one authority more , and that is of our present right reverend father in god , thomas lord bishop of chester , in his sermon on the th of feb. / ; . in the collegiate church of rippon , where you will find him thus to inform you , and all other good subjects ; so that the king may , it seems , make use of his prerogative , as god does of his omnipotence , upon some extraordinary occasions : for as my lord hobart well observes , the statute laws are made to ease him of his labour , not to deprive him of his power , and that he may make a grant with a non-obstante to them : and indeed the power of dispensing with particular laws , in some emergencies , is such a lex coronae , such a prerogative , without which no kingdom can be well governed , but justice will be turned into wormwood . for there never was yet , nor ever will be , any human law , framed with such exact skill and policy , that it might not , on some occasion or other , be burthensome to the subject , and obstructive to the publick good of the common-wealth : there being particular cases and exigencies , so infinitely various , that 't is impossible for the wit of man to foresee or prevent them . and therefore in all government there must be a power paramount to the written law ; and we have good reason to bless god , that this is lodged but in one , and in him whom he hath set over us , to be his vice-gerent ; by whose authority , they who break the letter of the law , in pure zeal and loyalty , to serve the ends of government , and to uphold the crown on the right head , that does and ought to wear it , may be relieved , and pardoned , and rewarded too . thus sir , have i given you in short the sence and judgment of our spiritual guides , the great fathers of the church of england in the point in question between us ; i will now discend to men of less degree in the church , but they shall be men of great and eminent learning , sober understandings , and of examplary piety and gravity , and you shall hear how they all concur in the same judgment as concerning this point of regal soveraignty . the first shall be the reverend dr peter heylin . whose knowledge was extensive as the earth , and who had a parfect familiarity with the present state of all the countries in the world , ( as the ingenious author of his life informs us ) and one who is honoured by all true sons of the church of england , with a due veneration for his learned and elabourate works . and he speaks thus . he ( viz. the king ) hath authority by his prerogative royal to dispence with the rigor of the laws , and sometimes to pass by a statute with a non-obstante . the learned and judicious dr isaac barrow , late master of trinity colledge in cambridge , in his treatise concerning the popes supremacy affirms thus — it is indeed a proper indowment of an absolute soveraignty , immediately and immutably constituted by god , with no terms or rules limitting it , that its will declared in way of precept , proclamations concerning the sanction of laws , the abrogation of them , the dispensation with them , should be observed . and says he a few leaves futher , the power of enacting and dispencing with ecclesiastical laws touching exteriour discipline did of old belong to the emperor . and it was reasonable that it should ; because old lawss might not conveniently sute with the present state of things , and the publick welfare ; because new laws might conduce to the good of church and state , the care of which is incombent on him ; because the prince is bound to use his power and authority to promote gods service , the best way of doing which may be by framing orders conducible thereunto . and in another place he declares that it is a priviledge of soveraigns to grant priviledges , exemptions , dispensations . thus sayes the reverend dr sherlock , master of the temple , in a positive manner , it does not become any man , who can think three consequences off , to talk of the authority of laws , in derogation to that authority of the soveraign power . the soveraign power made the laws , and can repeal them , and dispence with them , and make new laws : the only power and authority of the laws is in the power which can make and execute laws . soveraign power is inseperable from the person of a soveraign prince . i shall in the next place give you the words of the ingenious , and most painful searcher into truths , john nalson , dr. of laws , whose indefatigable industry hath sufficiently appeared in those volumes of historical collections he lived to see published to the world , his words are these . in the kings power it is to remit the severities of the penal laws , whereby he may manifest his goodness and clemency as well as his greatness and justice , by graciously pardoning the smaller breaches of his laws , and the more capital offences which he might most justly punnish . and who in the world can dispute this ? when , as dr. hick's in his jovian tells us for certain , that upon whomsoever god is understood to bestow the soveraign authority , he must also be understood to bestow upon him all the jura majestatis , or essential rights of soveraignty , according to that maxime , qui dat esse , dat et omnia pertinentia ad esse ; he that gives the essence , gives also the properties belonging to the essence . and doth not all mankind consent in this , that the king is the fountain of mercy as well as of justice ? surely then the penal laws , especially those made meerly for diversity of opinions in religion , which ( not to call them unchristian ; since our saviour never offered any external force and compulsion to make men obey his laws , as the learned master of the temple assures us , but however ) are in themselves by experience proved very unreasonable , ought at least to be subject to the goodness and mercy of the prince , to dispence with them , when he in his wisdom shall judge it most necessary for the good of his people in generall . for as the aegyptian hieroglyphick for government was an eye in a scepter : so the chief magistrate is like a watchman upon a tower , who is to look down and view the general state of his people , and to conduct himself accordingly . the reverend dr puller , in his most extraordinary book concerning the moderation os the church of england , saith , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , moderation , as it is now generally used , is a word borrowed from the law , and is used by the masters thereof , to denote such a gentle and benign temper , as disposeth those who have the administration of the laws ( which , you see , is the imperial soveraign , who hath the supream jurisdiction over all others , and jurisdiction is defined by the civilians to be , potestatem juris dicendi , a power of giving laws to others ) to remit of their rigour , where either ( first ) they press too hard upon particular persons ; or else ( secondly ) to supply the defects of the said laws , where they provide not sufficiently for particular cases ; in order thereunto , squaring their determination by the natural rules of justice and goodness , rather than by the letter of the law. and a little further , the same doctor goes on , saying , moderation , in the forensick sence wherein we take it , is defined by aristotle to be the correction of the laws wherein because of their vniversality they are deficient . from whence , as it must be supposed , to be confined to those to whom the administration of the laws is committed , who alone can have the power of correcting them : so nothing therefore will be further requisite to shew , than that it disposeth them ; where the laws press too hard upon particular persons , to relax the rigour of them ; as on the other side , where they do not sufficiently provide for them , to supply their defect . all laws , we know , are for the punishment of evil doers , or for the praise of them that do well : but it being impossible so to provide for the punishment of evil doers , as not sometimes to bring even the innocent within the compass of it ; because what , generally considered , ought to be lookt upon and censured as evil , may yet upon sundry considerations and circumstances have nothing of evil in it , or at least be worthy of pardon ; either the innocent must suffer together with the nocent , ( which so benign a vertue as that we treat of cannot allow ) or it must dispose those to whom the administration of the laws is committed to remit of their rigour in such particulars , and exempt them from the undergoing of it : it being in like manner impossible for laws so to provide for the incouragement of those who deserve well , as that sometime such may not be past over or neglected ; partly because all cases cannot be foreseen by the law-giver ; and partly by reason of the shortness of his expressions ; either some who may deserve incouragement may be excluded from partaking of it , ( which so benign a vertue as we speak of cannot casily permit ) or it must dispose those to whom the administration of the laws is committed to ampliate their favours ; and to take such within the compass of them . once again , equity and moderation , saith he in the next page , is the publick honesty of the laws ; without which , justice often would be turned into wormwood : it contains the excellent spirit ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) the mind and reason of the law , and is the most sacred and venerable part of it : as it is the honour and perfection of the laws , so it is the sanctuary of such as happen to be oppressed by the rigour of the letter . i will now , sir , trouble you with but one instance more upon this subject , ( though i could multiply , i am confident , authorities of this kind even beyond your patience ) and that is of one , that will needs be anonymus , and therefore so he shall pass for me , but his words are these . it is the prerogative of the king , to dispence with many acts of parliament by a * non-obstante , or clause of notwithstanding , especially such , as bind him from any prerogative , that is solely , and inseparably annexed to his sacred person , and royal power . and even to the asterick * there is this marginal note , viz. . eliz. in the house of commons sir george moor said ; we know the power of her majesty cannot be restrained by any act. why therefore should we thus talk ? admit we should make the statute with a non-obstante , yet the queen may grant a patent with a non-obstante to cross this non-obstante . i have done , sir , now with our reverend prelates and doctors of the church of england as to this particular , and hope , i have sufficiently proved to you , that their judgment and doctrine doth clearly warrant this great prerogative of dispencing with penal laws , to be in the king. let us see in the next place what were the reasons that induced the reverend judges in westminster hall , ( who ( the law sayes ) are the expositors of acts of parliament , and are likewise custodes jurati ss . praerogativae regiae , ) so openly and solemnly , after mature deliberation , to declare their resolutions in this point for the king. the reasons that perswaded them were these that follow , viz. i. that the kings of england are soveraign princes . ii. that the laws of england are the king's laws . iii. that therefore it is an incident inseparable prerogative in the kings of england ; as in all other soveraign princes to dispence with penal laws in particular cases , and upon particular necessary reasons . iv. that of these reasons , and these necessities , the king himself is the sole judge . and then which is consequent upon all . v. that this is not a trust invested in , or granted to the king by the people , but is the antient remain of the soveraign power , and prerogative of the kings of england , which never yet was taken from them , nor can be . now , sir , if such hath been the doctrine of our most eminent clergy of the church of england , ( and in it they have delivered to us nothing but the words of truth in righteousness ) that the king by his imperial soveraignty , when he shall see the necessity of the state to require it , ( of which he is the only judge , ) may dispence with penal laws ; how can you , or any man , who is a sincere lover of the church of england , be dissatisfied with the resolution of our reverend judges in this matter , seeing the reasons they went upon were only such as were exactly correspondent with the avowed doctrines before recited ; and that by this declaration of theirs , the law of the kingdom of england concerning this soveraign power in the crown , is no more , than what was before publickly asserted to be the divinity of the kingdom . besides , lex vigilat pro rege , saith the law , and the judges are sworn to maintain all the kings prerogatives ; which are part of the law of england , and comprehended within the same ; therefore it is said , that imperij majestas est tutelae salus , the dignity of the prince is the peoples security . the kings prerogative and priviledges , are incident to his crown , and he need not prescribe in any prerogative , for it is as ancient as his crown is , and is not only the law of the exchequer , but the law of the land , as that which is his by the ancient laws of the land. wherefore the judges of the courts of westminster are to judge in matters of prerogative by this rule , that whatsoever may be for the benefit and profit of the king , shall be taken most largely for him , & whatever may be against him , and for his disprofit shall be taken strictly : and it is the duty of every judge of all courts , high and low , to take great care to preserve the kings right , and for that purpose to take every thing at the best for him . and , sir , unto the judges the people are bound lastly and finally to submit themselves for matter of law , according to the opinion of the learned author of the royallists defence . but i remember likewise you seemed to startle at the thoughts of this power ; and were afraid , if at any time the king should think it necessary and convenient to exert it , and to grant a general liberty of conscience , that the church of england would be extreamly shaken in her security . what strange jealousies and suspitions some weak men may have , i suppose it will not be here worth while to consider ; but certainly our great supporters of the ark of god can never allow themselves in so feminine a passion . they know they have an infinitely wise god , and a most gracious king to trust to : this hath been their doctrine , and ought we not to practice it ? they say , . they have the care and providence of god for their security , who is king of kings , lord of lords , and the only ruler of princes ; and that the hearts of kings are in his rule and governance , and he doth dispose and turn them as seemeth best to his godly wisdom : according to what solomon said , and perhaps upon his own experience , that the kings heart is in the hand of the lord , as the rivers of water , he turneth it whithersoever he will. so that they have all the security that any people in the world ever had , have , or ought to have . besides , . they have a most gracious king to trust to . for , . they have his royal word , that he will protect and maintain the church of england , in the free exercise of her religion , as by law established ; and can she ever be trusted in safer hands than his ? he hath done more than ever any of us durst ever venture to look for , to give us confidence in him ; enough to puzzle our understandings , as well as our gratitude : and how can he give us better security than he has done ? shall we suspect him without cause ? or remain dissatisfied when he hath given us the best security that our cause admits of ? to suspect our prince , where we cannot help our selves , is of all fears the most unreasonable . . again , we have the conscience of the prince for our security , who hath all the moral obligations , and the fear of god , to keep him from oppressing us , so long as we keep our selves within the conscience of the duty which we owe unto him . the common principles of humanity , justice and equity , are engraven by the finger of god upon the minds of kings , as well as upon other mens ; and they cannot do wrong upon any particular person , much less to great numbers of their subjects , without undergoing the same uneasie remorse that other men do , when they injure one another . this hath been found by sad experience in pagan princes . — and if conscience be a restraining principle in heathen princes , if they cannot without such soul torments pervert justice , and violate their oathes , and the laws , it must needs much more be a powerful principle of restraint to christian kings , who are taught to know that they are gods ministers , and that he will call them to a severe account for oppressing his people over whom he set them : and shall not the fear of god's anger and judgments keep the soveraign from injuring of them ? . but further still , as the church of england hath the prince's conscience , for her security , so she hath his honour too . for princes ( like other men ) are tender of their honour , and good name , and are powerfully restrained by shame from doing evil to their subjects . — though they may be desirous for their honour to have the times computed from their conquests , yet the same principle of honour will ordinarily make them ashamed to have them computed from their massacres , and persecutions , which will but get them the surname of the bloudy , or the tyrant , unto the end of the world. honour , as moralists observe , is a secondary , or civil conscience . and as for our prince , who was ever so exceeding tender of his honour as he ? so just to all , and hath he not promised to uphold and maintain this church , and her legitimate children ? — he knows , that ours is a religion that hath alwayes asserted the rights of the crown , with life and fortune : and how chearfully the members of it have spent their blood and treasure in his own , his late majestie 's , and his father's service , and how they stand affected to his prerogative . and he is very well content , we should be as faithful to god , as we are to him ; as true to our religion , as to our king : god preserve and prosper him for it . now since our own religion ( as to the free exercise of it ) is thus secured to us , and seeing that by his majesties gracious declaration he is willing that no man should be forced to his religion , or drove against his conscience from the religion he professeth ; and seeing it is manifestly necessary , that , as sails , so laws , are to be turned , and as occasion , time and circumstance , and reason of state shall direct , either to be altered , or revoked : and if acts of parliament formerly made to try what good effects they could work in the state , do apparently prove mischievous and ineffectual by their too great rigour and violence , and by the great numbers of those that are of dissenting judgments ? what dishonour can it be for the king to lay them asleep for a while to stay those passionate heats , and fierce oppositions of such as seem adversaries to his grace , or for any parliament to repeal them , for the same reasons , non coercet sed provocat violentia , for too heavy a hand upon those whom the law casts down , shews the will rather to oppress the offender , then to cure the offence ? 't is the greatest honour to kings , that their mercy , like that of the almighty , is more eminent than their justice , and that their benches , and courts , can witness more compassion than severity ; for he that sets open the prison doors in so wise and gracious a manner , meaneth not to conquer the hearts and consciences of his people by torment , but to winn them by mercy and sweetness . clemency is a virtue sometimes of as great policy as piety , because it begets love , and love breeds loyalty , commands the very soul , and lays the body at the feet of the obliger : mercy kindles fire and zeal in the hearts of subjects . liberty of conscience is a natural right , and therefore our saviour compelled none to receive his doctrine , but est dominus non cogens , he is not a constraining lord , but committing his liberty to the will , said publickly to all , if any man will come after me ; and to his apostles , will ye also go away ? and his disciples were not commanders , but instructors and teachers , which was their commission . compulsion and terrene penalties are out of his jurisdiction , whose kingdom was not of this world , which he acknowledgeth not only in speech , but in practise : for when the disciples would have commanded fire from heaven to have consumed the samaritans , he rebuked them ; and when he was apprehended by the chief priests and elders , he could have commanded legions of angels , but would not . it is irreligion to take away the liberty of religion ; so tertullian , ad irreligiosiatis elogium concurrit , this concurreth to the commendation of irreligion , to take away the liberty of religion , &c. and therefore , saith the apostle , we have not dominion over your faith. sir , i cannot tell how well to shut up this discourse without the words of that learned and most reverend dr. gerard langbaine , who was provost of queen's colledge in oxford , so well known to all , not only at home , but abroad , that the famous rhetorician , longinus , could scarce speak any thing beyond the merit of so excellent a person : this doctor in his judicious refutation of the damnable league & covenant , ( which was then so furiously contended for ) to be imposed upon the consciences of those who expressed their zeal to his majesties righteous cause , in which , without all peradventure , he spoke the inward sentiments of all the loyal suffering clergy of england , doth there most admirably instruct us , what a sandy foundation that is , which supports persecution for conscience sake . his words follow . persecution in matters of meer religion is a course against the nature of religion it self , for faith , the soul of religion , is an inward act of the soul , which all the tyranny in the world , that the malice of the devil can invent , or the wit of man can exercise , can neither plant where it is not , nor extirpate where it is . it is the gift of god , freely begotten in the hearts of men , not by threats and terrors , not by tortures and massacres , but by the quiet still voice of the word preached , suadenda , non cogenda . and therefore st. paul , though a lawful governour in the church , flatly disclaims any domineering power over the conscience . as for the outward profession of religion , neither is that subject to force and violence : a man may confefs christ , and his faith in him , as freely in bonds , as at liberty ; as gloriously upon the cross , as upon the throne . fear indeed may incline a weak conscience to dissemble his opinion , but cannot constrain him to alter it : fire and faggot are strong arguments of a weak cause , undeniable evidences of cruelty in those that use them , but slender , motives of credibility to beget faith in those that suffer by them . lastly , for the external , free , and publick practise of religious duties , that i grant may be restrained by the outward violence of man , but when it is so , it is not required by god , who never expects to reap what he did not fow . in another place , he says , the most antient apologists for the christian faith , use this as an argument to prove the religion of their persecutors to be false , and their own true , that stood in need of humane force to maintain it , but theirs stood by the sole power of god. it is against ( sayes he a little further ) the innate principle of the law of nature , quod tibi fieri non vis , alteri ne feceris . those , who plead most for extirpation of hereticks , when it comes to be their own turn to be under the cross , stand for liberty of conscience , and declaim against persecution for religion , as a thing utterly unlawful ; and surely if we will not suffer it from others , we may not use it our selves . therefore , as dr puller rightly sayes , if ever the practice of moderation , as well as any discourse thereof , were seasonable ; it may be supposed now , when , for ought we know , the lasting happiness of the kingdom and church , may depend immediately upon this rare and desirable temper , acknowledged of all most excellent . i will conclude all with that admirable sentence of dr barrow in his forementioned treatise , that relief of the oppressed , or clemency to the distressed , are noble flowers in every soveraign crown . thus , sir , you see how ready i am , as far as my abilities will extend , to contribute to the satisfaction of your judgment . i shall be as zealous still to go on in so pious a duty , if there be any remaining doubts and scruples you will make known to , sir , your humble servant , &c. finis . notes, typically marginal, from the original text notes for div a -e dr hick's jovian . chap. . sir robert pointz knight of the bath , his vindication of monarchy . chap. . dr. hicks ut . sup. . inst . p . suprema jurisdictio & potestas regia , et si princeps velit , se seperari non possunt , sunt enim ipsa forma , et substantialis essentia majestatis , ergo manente rege ab eo abdicari non possunt . cavedo , pract. observ . p. . decis . . n. . * stat. of praemunire , . r. . cap. . dr. richard bancroft made lord arch-bishop of cant. . . co. fo . . . jac. ridley's view of the civil and ecclesiastical law , dedicated to king james . d edition , part . chap. . sect. . id. part . ch . . sect . . pet. . . cyprianus anglicus , by dr heylin , d. d. and chaplain to charles the st and charles the d , part . epist . dedicat. arch-bishop laud against fisher , printed . vid epis . dedicat . to king charles . by james tyrr●●l esq plutarch , in comparat . flaminij et philopoemen . a marcian in l. si de re sua , de recept , arbit , vid. et vlpian in l. ille a quo , sect. tempestivum , d. ad senat . trebel . et in l. quod autem , sec. vxori quis d. de donat inter , viz. b hermog , in l. si quis sect. . d. deleg . c thom. . quest . . artic . . a cynus in l. rescript , cod. de precib . imper . offerend . thom. in . . quest . . artic . . ad . aeneas silvius de ortu & authoribus imperii , cap. . . a justin junior , imp. in praefatione conseit . b symmach , l. . ep. ult . c in his preface and life by dr isaac walton . bishop sanderson's cases of conscience , translated by robert codrington , master of arts , printed . ninth lecture . sermon preached upon the aniversary solemnity of the happy inauguration of our dread soveraign lord king james . by thomas cartwright , d. d. dean of rippon , and chaplain in ordinary to his majesty . colt and glover against the bishop of litchfield . in the account of dr heylin's life . dr sherelock's case of resistance , chap. . dr nalson's common interest of king & people , chap. . case of resistance . de jure uniformitatis ecclesiasticae : by hugh davis , l. l. b. lib. . chap. . chap. . davia's ut sup . lib. . chap. . dr puller's moderation of the church of england , chap. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . arist . eth. l. . chap. . est scriptum legis angustum inter pretatio diffusa . senec. l. . controv . . the harmony of divinity and law , in a discourse about not resisting of soveraign princes . townsend's collect. pag. . co. inst . f. . . inst . . b. lane. . n. bendl. . sheph. tit . prerog . ro. rep . . royallists defence chap. . pag. . jovian chap. . his majesties most gratious declaration , &c. bishop of chesters sermon ut sup . jovian ut sup . bishop . of chesters serm. ut sup . grotius . luke . . math. . . chap. de act. imp. f. . cor. . . langbain's review of the covenant , printed . puller's moderation . to the reader . his maiesties letter to the maior of kingston upon hull, . of aprill. . to our trusty and welbeloved, the major, aldermen, and burgesses of our towne and port of kingston upon hull. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) his maiesties letter to the maior of kingston upon hull, . of aprill. . to our trusty and welbeloved, the major, aldermen, and burgesses of our towne and port of kingston upon hull. england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) printed at yorke and now re-imprinted in london, [london] : [ ] reproduction of original in the british library. in this edition the steele notation reads: the person your. with engraved border. eng hotham, john, -- sir, d. jan -- early works to . prerogative, royal -- england -- early works to . hull (england) -- history -- th century -- sources. yorkshire (england) -- history -- th century -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no his maiesties letter to the maior of kingston upon hull, . of aprill. . to our trusty and welbeloved, the major, aldermen, and burgess england and wales. sovereign b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion his maiesties letter to the maior of kingston upon hull , . of aprill . to our trusty and welbeloved , the major , aldermen , and burgesses of our towne and port of kingston upon hull . trusty and welbeloved , wee greet you well , whereas wee have beene long sensible of the just complaints and great burdens of our subjects in these northern parts , by occasion of the garrison in our town of hull ; and whereas we were upon friday the . of this moneth petitioned by divers of the gentry , and others , inhabitants of this county , that the munition at hull might remaine in the magazin there , for the security of our person , and of all these northern parts , their feare , being much grounded upon the parliaments relations of forreign invasions : vpon which , the more to expresse our care of our peoples safety , we did our selfe go in person to that our town , that upon our own view , we might consult what proportion of it might be fily removed upon any pressing occasion , having a respect to the promised supply for scotland , the necessary use of arms for ireland , as well as for the safeguard and satisfaction of these northern parts : but much contrary to our expectation , and the duty and allegiance of our subjects , we found the gates of that our town shut , and the bridges drawn up against vs ; and though we came in a peaceable way , reposing the greatest confidence in the loveand loyalty of our people , by offering ( as we did ) to put our own person , and our two sons , but with twenty horse , into that town , there being in it a garrison of about eight hundred souldiers ; yet we were not onely denied entrance , but in a warlike manner opposed by sir iohn hotham , the armed men being placed in all the ports , and about all the walls of the town , alleadging ( though falsly ) for his excuse , the command of the parliament , and being pressed by vs to shew such an order in writing , he could not do it ; for we were ever very confident that there was never any publike order of theirs , that could so much as imply a denyall to our admission ; we knowing well enough , that he was entrusted by them for a guard and security of that place against forreign enemies , or those at home who are dis-affected in religion , and not against his naturall soveraign , which hostile opposition and adtuall levying of war against our person , being by the statute of ed. . enacted high treason : which statute considered , and that for the avoyding of all lealousies , as we have said , wee were content to have been admitted with so very small a number in our company , we were thereupon constrained to proclaim the said sir iohn hotham , and all those that should adhere to , or assist him , traytors . of all which abovesaid passages , we have acquainted our parliament , demanding lustice to be done upon him , that they might thereby have oportunity to vindicate the imputation laid on them by sir iohn hotham , and wethe easier way to chastize , according to the law , so high a treason . and lest a misunderstanding of our intentions , or of the law may misguide any of our loyall and wel-affected subjects , the inhabitants , captains , officers , or souldiers in that town , we have thought fit to commend to your consideration the aforenamed statute , with that of the . of hen. . cha. wherein it is dec●ared , by the unanimous assent of parliament , that the subjects of this realme are bound , by the duty of allegiance , to serve the king for . the time being , for the defence of his person and the land , against every rebellion , might , or power raised against him , and with his majesty to ente , or abide in service in battell , if cause so require . and it was therefore then enacted , that from thenceforth no person whatsoever that shall attend upon the king , or be in place , by his command within or without the land that for the same deed and true service of allegiance , he , and they be no wayes attaint or convict of high treason , or of other offences for that cause , by any processe of law , whereby he , or any of them shall lose or forfeit lives , lands , tenements , goods or any thing ; but be for that deed and service utterly discharged of any vexation , trouble , or losse ; and if any act or acts , or other processe of law thereupon for the same happen to be made contrary to this ordinance , that then that act or acts , or other processe of the law whatsoever they shall be , stand and be utterly void . all which , together with the copies of our message and petition ( which we send here inclosed ) we require you to publish to the inhabitants , and all such commanders and souldiers as will heare them : that knowing both the perill of the law on the one side , and the security of such as shall adhere to vs on the other , they be not misled ( through ignorance ) to decline their allegiance ; and that the souldiers may lay down their arms , and admit our entrance in a peaceable way . in so doing , you shall both discharge your duties , and those that shall have need , be assured to finde ( upon such their submision ) our ready mercy and pardon . and we doe likewiser require , and charge all you , the inhabitants ( as well souldiers as others ) upon your allegiance , thatyou permit not any part of our magazin or munition to be removed or transported out of that town under any pretence of order or power whatsoever , without our royall assent in writing under our hand . assuring you , that it will be much more pleasing to vs to have occasion administred by the fidelity of the inhabitants to enlarge those graces and immunities granted to that town by our predecessors , then to have any occasion to question your charter . given at our court at yorke , the of april , . printed at yorke , and now re-imprinted in london . the absurdity of that new devised state-principle, (viz.) that in a monarchy, the legislative power is communicable to the subject, and is not radically in soveraignty in one, but in more in a letter to a friend. brydall, john, b. ? approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the absurdity of that new devised state-principle, (viz.) that in a monarchy, the legislative power is communicable to the subject, and is not radically in soveraignty in one, but in more in a letter to a friend. brydall, john, b. ? p. printed for t.d., and are to be sold by randal taylor ..., london : . attributed to john brydall. cf. wing ( nd ed.). reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng prerogative, royal -- great britain. great britain -- politics and government -- - -- sources. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - taryn hakala sampled and proofread - taryn hakala text and markup reviewed and edited - pfs batch review (qc) and xml conversion the absurdity of that new devised state-principle , ( viz. ) that in a monarchy , the legislative power is communicable to the subject , and is not radically in soveraignty in one , but in more . in a letter to a friend . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . hand multos regnare bonum est , rex unius esto . london , printed for t. d. and are to be sold by randal taylor , near stationers hall , . sir , you cannot but remember , that at our last meeting , there happened betwixt us , a hot dispute touching co-ordination , occasioned by your reading the day before a tract , not long since exposed to publick view , and intituled , by the author thereof , an account of the growth of knavery , &c. in a letter to a friend , ( in answer to two pamphlets , the one styled , an account of the growth of popery and arbitrary government in england ; the other , a seasonable argument to perswade all the grand juries in england to petition for a new parliament ; ) in which said tract there are some passages that seem very distastful to your palat , but more especially that sentence ( pag. & . ) concerning the legislative power thus expressed by our author . the making of laws ( sayes he ) is a peculiar and incommunicable priviledge of the supream power ; and the office of the two houses in this case , is only consultive or preparative , but the character of the power , rests in the final sanction , which is in the king ; and effectually the passing of a bill is but the granting of a request ; the two houses make the bill 't is true , but the king makes the law , and 't is the stamp , and not the matter that makes it currant . this piece of doctrine [ say you ] is very strong and heterodox ; for it contradicts , not only your own darling sentiments , but also the opinion of many other persons in this nation , who hold , that the legislature resides not in the king only , but in him , and in the two houses of parliament ; so that you , and those other persons fancy a mixture , or co-ordinacy in the supremacy it self , making the english monarchy a compound of three co-ordinate estates . this same opinion [ say you ] is founded upon the authority of the law books , which tell us , that every statute must be made by the king , lords and commons ; and if it appear by the act. that it is made by two of them only , it is no statute , as appears by h. . . b. co. lit. . b. co. . inst . f. . co. . inst . . . . bulstrods reports , dominus rex & alleu , v. tooley . these same authorities i allow as well as you , but then it must be with this distinction , that the two house of parliament , are in a sort co-ordinate with his majesty ad aliquid to some act , or exercising the supream power , that is to say , there is an equal right in the king and the two houses of a negative voice in respect of new laws to be enacted , or old to be repealed ; but if you intend by co-ordination ( as indeed you do ) a fellowship with the king , in the very supremacy it self , you are much beside the cushion , and truly in the wrong side of the hedge too . because it is repugnant to the nature thereof , and a clear contradiction , if it be true as it is , that the king is our only soveraign , there can be no such thing , as a co-ordinate or co-equal power ; if they be co-partners in the soveraignty , in what a fine condition are we , that must be obliged to impossibilities . for we must obey three masters , commanding contrary things . the two houses may as well injoyn us to do them homage , which is , and ought to be performed only to the king , as to challenge a corrival power with the soveraignty of royalty . 't is true , no law can be imposed on us , without the consent of the two houses , yet this doth not make them co-ordinate with their prince in the very supremacy of power it self , but still leaves the power of ordaining supreamly in him as in the fountain , though the efflux or exercise of that power be not solely in his will , but expects the consent of his people ; and therefore 't is very curiously expressed by the learned mr. hooker , that laws do not take their constraining force from the quality of such as devise them , but from the power that doth give them the strength of laws : le roy le veult , the king will have it so , is the interpretative phrase pronounced at the king 's passing of every act of parliament : and it was ( sayes sir henry filmer in that most excellent discourse called patriarcha ) the antient custom for a long time , till the dayes of h. . that the kings , when any bill was brought unto them , that had passed both houses , to take and pick out what they liked not , and so much as they chose was enacted for a law : but the custom of the later kings hath been so gracious , as to allow alwayes of the entire bill ( and sometimes with a tacking too ) as it hath passed both houses . so much ( sir ) in general , touching your fancied corrivality of power , i come now to a more close and minute application , and i argue thus : if the two houses have a joynt and co-equal authority with their king in making laws and the like , it must be one of these two wayes , either it must be primitively seated in them , or it belongs to them by derivative participation . first , the two houses of parliament cannot have this co-ordinate power vested in them primitively or radically ; for are not both houses summoned by the king 's writ ? do they not fit in parliament by virtue only of the authority royal ? can either the lords or commons or both together lawfully convene themselves , appoint the time and place of their own meeting ? our books of law can tell you ( sir ) that the power of convocating and keeping of assemblies of subjects ; the power of calling , holding and proroguing of parliaments is an essential part , and inseparable privilege of the english regality . all able jurists and polititians very well know , that the king is caput principium & finis parliamenti , solely made and created by him , and into him only can be ultimately resolved ; and therefore surely it must be the most unreasonable thing that ever was in the world , that subjects assembled by their soveraign's writ , should have a co-equality of power with their prince , without whose call they could not meet together , and at whose will and pleasure they are dissolved in law , and bound to betake themselves to their own habitations : and return to the statu quo of private persons and subjects , whereas supremacy is a publick and indelible character of lawful authority . but farther , can the two houses of parliament pretend to be before our first king in time , can they outvy him in seniority ? surely , no. as for the lords , bracton affirms , that the earls and barons were created by the king , and assumed to him only for counsel and advice ; which infers undoubtedly , that the power they are invested withall , is not by a contrivement or reservation ( as some fanaticks fancy ) at the supposed making of the first king , but procceds , ex indalto regum from the gratuit concessions of our princes . but it was objectect by you in our disecptation as it hath been by others heretofore , that the very stile of comites and peers , implies a co-ordinative association with the king in the government ; they are in parliament his comites , his peers . i answer , that mr. bracton tells us , rex parem non habet in regno suo , the king has no peer , and offereth us another reason of the stile of comites , quia sunt in comitatu , without any relation to parliament , because they are either in the train of the king , of because placed in each county , ad regendum populum , and so assumed to the king to the like end that moses did his under-officers , in governing his people . they were not only to be companions as to his person , but in respect of his cares ; pares curis , solo diademate dispares . they are the highest , and in the nature of privy-counsellors , but created by the soveraign prince ( the fountain of honour ) and so not equal unto him , though exalted above fellow-subjects . to be short , if this word [ comites ] should imply a co-ordinative society , it must needs follow that the commons must be the king's peers too , for they are as much co-ordinate with his majesty as the other ; and so let 's set up three thrones , one for the king , another for the lords , and a third for the house of commons . i would advise you ( sir ) to make a voyage , next long vacation , into france , and argue there at the french court , from the denomiation of pares franciae , and see what thanks you shall have for your logick . thus much for the lords , i must have a touch at the commons too . as for the commons , they surely will not pretend to exceed the lords in antiquity : if what sir robert cotton ( that famous antiquary ) relates , in some part of his posthuma works , be truth ; and he hath been pleased in this very manner to express himself . as this great court or council , consisting of the king and barons , ruled the great affaires 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 fix'd upon families 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 , where the daring earl of leicester was slain at eveshum . this chance and the dear experience henry the third himself had made at the parliament at oxford in the fortieth year of his reign , and the memory of the many streights his father was driven unto , especially at rumney meade near staues , brought this king wisely to begin , what his success●r fortunately finished in lessening the strength and power of his great lords . and this wrought by searching into the regality , they had usurped over their peculiar soveraigns ( whereby they were ( as the book of saint alban's termeth them ) quot domini , tot tyranni , ) and by weakning that hand of power which they carryed in the parliaments , by commanding the service of many knights , citizens and burgesses to that general council . now began the frequent sending of writs , to the commons their assents , not only used in money , charge and making laws ( for a before all ordinances passed by the king and peers ) but their consent in judgments of all natures , whether civil or criminal . by what i have here offered out of sir robert cotton , and elsewhere before in this discourse ; it is as clear as the sun at noon day , that the two houses of parliament are not co-aetaneous with the first king , much less before him , and consequently the legislature cannot be said to be originally and radically seated in the lords and commons . secondly , as i have made it appear that the architectonick power paramount of making laws in parliament was never natively , and formally seated in the two houses , so i come now to prove that the supream legislative authority was never vested in them , by way of emanation , or derivation from the imperial crown of this nation . now if they have derivatively such a power , it must be one of these two wayes , either by way of donation or usurpation : again , if they have it via donationis , by way of grant , they must have it either by way of division or by way of communication : but they cannot challenge it by either of these same wayes . . the houses of parliament may not challenge a co-ordination in the supremacy by way of division or partition ; for suprema potestas , is an entity or being indivisible , as it is subordinate to none but god almighty ; so it admitteth no co-ordinate , collateral , co-equal or corrival power ; to make majestatem in maj●state , regnum in regno , more than one soveraign in a kingdom , is inconsistent with supremity ; for supream admits neither of equal nor superiour , and to affirm it , is contradictio in adjecto . and therefore you may read , that henry de beauchamp earl of warwick for the singular favour that king henry the sixth bare to him , crowned him king of wight : but we could never find ( sayes cook ) and letters patents of this creation , because ( as some hold ) the king could not by law , create him a king within his own kingdom , because there cannot be two kings in one kingdom , or if such there be , they are but reguli or proreges , kings to their subjects , and subjects to the supream king. so oedipus king of the thebans having issue two sons , polynices and eteocles , ordained that after his decease , his two sons should alternative by course , reign in his kingdom . but what was the event ? fratres de regni haereditate dissidentes singulari certamine congressi mutuis vulneribus ceciderunt . let any man look upon the estate of the roman empire , when it was divided by constantine the great amongst his three sons , constantinus , constantius and constans ; or upon the estate of the western empire , after the division made by lotharius , lewis and charles , sons of lodovicus pius ; and he will find most sad and horrible confusions ensued on such partitions . but letting pass forreign conntries , we must not pretermit the miserable estate within this kingdom , under the heptarchy until all was re-united under one severaign ; and this is the reason that in england , scotland and ireland , the royal dignity is descendible to the eldest daughter or sister , co. inst . f. . & on lit. fol. . a. for regnum non eft divisibile : and so was the descent of troy. praeter te sceptrum ilione quod gesserat olim maxima natarum priami . . as the two houses cannot have a co-ordinate power with the king , by way of division ; so neither can they challenge to themselves a co-ordination in the supremacy it self by way of communication ; for the prerogative of legislation ( as many others ) is so naturally intrins●cally inherent in the supremacy ( for where majesty is , there must be the power legislative , ) that it cannot be transferred or separated from the crown , or so communicated to both houses , as to denude or disrobe the king of that sacred supream right which god has given to him , as his vice-gerent on earth . ea quae jurisdictionis sunt & pacis ( sayes our bracton ) ad nulium pertinent nisi ad coronam , & dignitatem regiam , nec à coronâ separari poterunt , cùm faciant ipsam coronam , lib. . c. . the old statute of praerogativa regis tells us , that our king can grant no prerogative to the prejudice of the crown . and thereupon whatsoever a king of this land grants to his subjects , or to any other that is essentially in the crown of this kingdom , that is to say , rally annexed to the person of a man , as he is king of england , as that the parting with it , makes him to be no king , or a less king than he ought to be in dignity or royal power the grant is void , the grant how large soever , it must be understood with this limitation , salvo jure corona . and how tender our former kings and their subjects have been of the rights and prerogatives of the crown , pray ( sir ) at your good leasure consult the statutes of . e. . c. . & . . e. . c. & . . r. . c. . . r. . c. . . h. . c. . . h. . c. . & . e. . c. . with our municipal laws do concurr two famous jurists , i mean , gothofrede and suarez . the former returns an answer to this quaere , potestne princeps regalia alteri cedere ? potest ( sayes he ) his temperamentis adjectis , ut ne regalia jura sua cedat sine summâ necessitate , ac ut ea cedat ex causâ necessariâ , ut ne ea tota cedat : deinde ut quaecunque cedit suopte motu , ac sua sponte sciens , prudensque cedat , principatûs jure excepto : quod etsi nominatim non fuerit exceptum , tacitè tamen exceptum intelligitur ( cum adversus omnes regalia possidentes , in suo regno , jus instituendae actionis habeat ) adeo ut jus id nullo tempore possit praescribi . the latter viz. suarez says thus , regnum est veluti quoddam officium quod incumbit propriae personae , cui confertur , & non tam est propter ipsam , quam propter eos , qui regendi sunt , & ideo non potest rex , vel regina tale onus à se separare , etiam quoad usum , vel administrationem , ita ut non maneat apud ipsum suprema potestas , & obligatio regendi ; non ergo transferri potest illo modo administratio regni in regem , ratione matrimonii . the sum of all that i have said as to the point of communication is this ; that however the prime essential constitutives of monarchy , in the exercise of them , may be intructed by the king to the subject by way of delegation to ease his burden and to facilitate his royal charge , yet in so doing , he does not , he cannot divest himself of the soveraign power , nor of any of those sacred rights and prerogatives that are naturally and intrinsecally inherent in his imperial crown . in the last place , as the two houses cannot challenge to themselves by way of grant ( that is to say neither by division , nor by communication ) a co-ordination in the very supremacy of power ●●●self ( and consequently there cannot be any such thing as a coequality of power in the legislature ; ) so neither can they make forth a good and lawful title to themselves , for a fellowship in the legislative power , via usucapionis , by virtue of any custom or prescription ; for no immemorial custom can hold good , when there be authentical records to the contrary ; and whether there be not such , i will appeal unto your own good self . antiently the law enacted began thus , rex statuit , the king ordains , and before the laws and statutes in each kings reign from the time of edward the first to this day , i find the title or introduction thus expressed as follows . . e. . the statute of mortmain , we therefore by advice of our prelates , earles , barons and other subjects , have provided , made and ordained . . e. . the statute of sheriffs — our lord the king , by the assent of the prelates , earles , barons and other great estates , hath ordained and established . . e. . statute de natis ultra mare , our lord the king by the assent of the prelates , earles , barons and other great men , and all the commons of the realm , hath ordained and established these things under written . . r. . c. . — our lord the king , by the advice , and common consent , &c. hath ordained and established . . e. . c. . — our lord the king , by the advice , assent request and authority aforesaid , hath ordained and established . . r. . c. . — therefore the king will , it be ordained by the advice and assent of the lords spiritual and temporal , and the commons of this present parliament . . h. . c. . — the king our soveraign lord , by the advice and assent of the lords spiritual and temporal , at the supplication of the commons ordaineth . . h. . e. . the king our soveraign , by the assent of the lords spiritual and temporal , and the commons ordaineth . . e. . c. . — wherefore the king our soveraign lord , at the humble petition and suit of the lords and commons , doth ordain , declare and enact , by the assent of the lords spiritual and temporal , and of the commons in parliament assembled . . mar. c. . — be it therefore enacted by the queens our soveraign lady , with the assent of the lords spiritual and temporal , and of the commons in this present parliament assembled . . eliz. c. . — be it enacted by the queen most excellent majesty , with the assent of the lords spiritual and temporal , and the commons in this present parliament assembled . . jac. c. . be it therefore enacted by the king 's most excellent majesty , by and with the assent and consent of the lords spiritual and temporal , and the commons in this present parliament assembled . . car. . c. . be it enacted by the king 's most excellent majesty , with the consent of the lords spiritual and temporal , and the commons in this present parliament . . car. . nunc regis c. . be it enacted by the king 's most excellent majesty , with the advice and consent of the lords and the commons in this present parliament . thus ( sir ) by the title or introduction of our statutes in each king's reign ( from king edward the first , to this very day ) it is clearly proved , that the two houses cannot challenge a co-ordinate power with the king in making laws in parliament by usage , or prescription , the legislative authority being only in the king , though the use of it be restrained to the consent of the lords and commons in parliament ; le roy fait les liex avec le consent du seigniors , & communs , & non pas les seigniors & communs avec le consent du roy ; the king makes the laws with the consent of the lords and commons , and not the lords and commons with the consent of the king : in a word , the soveraign is the sole legislator , it is his stamp and royal will , and that alone which gives life , and being , and title of laws to that which was before , but counsel and advice ; all marks of supremacy being still in him , nor is it an argument of communicating his power , that he restrains himself from exercising some particular acts without consent of parliament , for it is by virtue of his own grant , that such after-acts shall not be valid . he hath not divided his legislative faculty , but tyed himself from using it , except by the advice and consent of the peers , and at the request of the commons , their rogation must precede his ratification . wherefore upon what has been said , i may very well pronounce our author's words . that the making of laws is a peculiar and incommunicable priviledge of the supream power ; and the office of the two houses in this case is only consultive or preparative , but the character of the power , rests in the final sanction which is in the king ; and effectually the passing of a bill is but the granting of a request ; the two houses make the bill 't is true , but the king makes the law , and 't is the stamp , and not the matter , that makes it currant . finis . notes, typically marginal, from the original text notes for div a -e lib. . c. . num . . co. lib. . nevic's case , co. . ●●st . . . co. lib. . eral of shrowsburies case . ob. sol. lib. . c. . num. . pares regni , non regis a that the king with the prelates and peers , were heretofore the common council of the realm ( and consequently the commons were no part of the court of parliament in ages past ) may be evidenced by these authorities ; cambden in his britannia sayes , that in the time of the saxon kings , and the ensuing ages , the great and common council of the land , was praesentia regis praelatorum , procerumque collectorum . selden tells us out of an old cronicle of the church of lichfield , that king edward by advice of his barons revived a law which had lain dormant sixty seven years . and in the same chronicle it is said , that william the conquerour held a council of his barons , anno . regni sui apud londinias , the next year conquerour had a council of earles and barons at pivenden heath to decide the great controversie between lanfrank arch-bishop of canterbury and odo earl of kent . king john in the first year of his reign , summoned h●s magnates , his great m●n to a parliament at wiston , and the words of the roll are commune concilium baronum , the common council of my barons at winchester . co. . inst . f. . . k. . ● . . suarez . de legibus lib. . num . . jus populi, or, a discourse wherein clear satisfaction is given as well concerning the right of subiects as the right of princes shewing how both are consistent and where they border one upon the other : as also, what there is divine and what there is humane in both and whether is of more value and extent. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) jus populi, or, a discourse wherein clear satisfaction is given as well concerning the right of subiects as the right of princes shewing how both are consistent and where they border one upon the other : as also, what there is divine and what there is humane in both and whether is of more value and extent. parker, henry, - . [ ], p. printed for robert bostock ..., london : . attributed to henry parker. cf. blc. reproduction of original in thomason collection, british library. eng prerogative, royal -- early works to . liberty -- early works to . a r (wing p ). civilwar no jus populi. or, a discourse wherein clear satisfaction is given, as well concerning the right of subiects, as the right of princes. shewing parker, henry c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - melanie sanders sampled and proofread - melanie sanders text and markup reviewed and edited - pfs batch review (qc) and xml conversion jus populi . or , a discourse wherein clear satisfaction is given , as well concerning the right of subiects , as the right of princes . shewing how both are consistent , and where they border one upon the other . as also , what there is divine , and what there is humane in both : and whether is of more value and extent . claudianus ad honorium . tu civem , patremque geras , tu consule cunctis : non tibi , nec tua , te moveant , sed publica damnae . in private matters do a brothers part , in publick be a father ; let thy heart be vast as is thy fortune , and extend beyond thy self , unto the common end . published by authority . london : printed for robert bostock , dwelling in pauls church-yard at the signe of the king head . . jus populi . or , a discourse wherein clear satisfaction is given as well concerning the right of subjects , as the right of princes . &c. the observator ( so he is stiled at oxford ) writing against our parasiticall court-doctors , who think they cannot be meritorious patrons of royalty , without shewing themselves anti-patriots , or destroyers of publick liberty , grounds himself upon these three main assertions . princes derive their power , and prerogatives from the people . secondly , princes have their investitures meerly for the people benefit . thirdly , in all well-formed states the laws , by which princes claim , do declare themselves more in favour of liberty then prerogative . much art , force , and industry has been used to destroy these fundamentals , wherein though the royalists have not been prevalent in the judgement of wise men , yet something must further be replyed , for the weaker sort of peoples sake , lest multitudes of opponents should sway them , and effect that by number , which cannot be done by weight . man ( saies the apostle ) was not made of the woman , but the woman of man : and this is made an argument why the woman should pay a due subjection to man . and again , man ( saies the same apostle ) was not created for the woman , but the woman for the man ; this is made an other argument to inforce the same thing . there cannot be therefore any to pick rules more properly pressed then these : nay without offering some contradiction to the spirit of god , we cannot reject the same form of arguing in the case of a people , and their prince : especially when we do not insist onely upon the vertue of the efficient or finall cause , but also upon the effect it self , and that form of law , which was ( as it were ) the product of both . let us now then re-examine these three grounds , and seek to give further satisfaction to others , by inlarging our discourse , where our adversaries have given a just occasion . if we can make it good that princes were created by the people , for the peoples sake , and so limited by expresse laws as that they might not violate the peoples liberty , it will naturally follow ; that though they be singulis majores , yet they are universis minores ; and this being once made good , it will remaine undeniable , that salus populi is suprema lex : and that bonum publicum is that which must give law , and check to all pretences , or disputes of princes whatsoever . to make appear thus much , let us begin with the origo or first production of civill authority . the royalists take a great deal of superfluous pains , and quote many texts of scripture to prove that all powers are from god : that kings are anointed by god : and that they are to be obeyed as the vicegerents of god . if we did oppose or denie these clear truths , no fraud were to be suspected in those that alledge them : but when we do expresse no kind of dissent from them herein , and when they have too generall a sense , as our dispute now runs , we must conclude that there is some secret fraud wrapped up , and clouded under the very generality of these asseverations . for t is not by us questioned whether powers are from god or no ; but whether they are so extraordinarily from god , as that they have no dependence upon humane consent . neither do we raise any doubt , whether or no kings are anointed by god ; but whether that unction makes them boundlesse , and their subjects remedilesse or no , in all cases whatsoever . neither do we dispute whether monarchs are gods deputies , or no , and so to be observed ; but whether limited monarchs , and other conditionate , mixed potentates may not chalenge the same priviledge . to shew then more ingenuity towards our antagonists , we will be more clear in dividing , and distinguishing , and we will decline generall expressions , as often as just occasion shall require . in the first place therefore we desire to take notice that {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or potestas is sometimes taken for order , sometimes for jurisdiction : and these termes alwayes are not to be confusedly used . if adam had not sinned in paradise , order had been sufficient alone without any proper jurisdiction : it may well be supposed , that government , truly so called , had been no more necessary amongst men on earth , then it is now in heaven amongst angels . government is in truth that discipline or method which we exercise in promoting , inabling , rewarding persons of good desert in the state , and whereby we prevent , suppresse , punish such as are contrarily affected . and as government has laws to guide its proceedings , so it is armed , with power and commission for putting those laws in execution . it s plain therefore where there is no supposition of sin , order will be prevalent enough without formall jurisdiction : for as there needs no additionall rules , besides those which creation imprinted , so there needs no additionall power to attend those rules . if we look up to heaven , we see that preheminence which one angel has above another is farre different from that command which princes obtain here on earth over their vassals : we apprehend it as an excellence , that pertakes of more honour , then power , and that power which it has appertaining is rather physicall then politicall . if we descend also to survey hell , we shall find some order observed there too , but no proper government used ; for as law is uselesse where there is no sin , so it is also improper or impossible where there is nothing but sin . wherefore something of primitive order is retained below amongst the damned legions for the conservation of their infernall kingdome , but there is little resemblance of our policy in that cursed combination . we may then acknowledge that order is of a sublime and celestiall extraction , such as nature in its greatest purity did own ; but subjection , or rather servile subjection , such as attends humane policy amongst us , derives not it self from nature , unlesse we mean corrupted nature . besides in order there is nothing defective , nothing excessive , it is so universally necessary , and purely good that it has a being amongst irrationall creatures , and not onely states , but even towns , villages , houses depend upon it , and as it was existent before sin , so it must continue after sin ; but government , as it had no being without sin , nor has no being but amongst sinfull men , so even amongst men it is not without its defects and inconveniences . we must not expect more then a mixture of good and evill in it , and if we will refuse the burden of it , we must withall deny the benefit of it . nulla lex satis commodo est ( saith cato ) id modo quaeritur si majori parti & in summa prodest . wherefore it is now sufficiently apparent , that order does more naturally refer to god as its author then jurisdiction does , and that it also conveyes nothing in speciall to kings , inasmuch as the benefit of it is generall , and extends to families , as well as states , and to popular states as well as monarchies . as to government also we must in the next place observe three things therein very distinguishable . the constitution of power in generall must be sever'd from the limitation of it to this or that form ; and the form also must be sever'd from the designation of it to this or that person . the constitution or ordinance of jurisdiction we doe acknowledge to contain {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , but this excludes not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , it may be both respectively , and neither simply : and st. peter seems to affirm as much of the humanitie , as st. paul does of the divinitie of the constitution . in matrimony there is something divine ( the papist makes it sacramentall beyond royall inauguration ) but is this any ground to infer that there is no humane consent or concurrence in it ? does the divine institution of marriage take away freedome of choice before , or conclude either party under an absolute degree of subjection after the solemnization ? is there not in conjugall jurisdiction ( notwithstanding the divine establishment of it ) a strange kind of mixture , and coordination , and may not the spouse plead that divine right as much for a sweet equality , as the husband does for a rigorous inequalitie ? inferior matrona suo sit blanda marito , non alitèr fuerit foemina , virque pares . there may be a parity even in the disparity of the matrimoniall bond , and these two contraries are so farre from being made contrary by any plea of divine institution , that nothing else could reconcile them ; and if men , for whose sakes women were created , shall not lay hold upon the divine right of wedlock , to the disadvantage of women : much lesse shall princes who were created for the peoples sake , chalenge any thing from the sanctity of their offices , that may derogate from the people . besides even government it self in the very constitution of it is so farre from being injoyned as divine upon any persons ( not before ingaged by their own , or their ancestors consent ) or from being necessitated by any precept , or president in scripture , that we rather see an instance of the contrary in the story of lot and abraham . certainly there was in nature some majority or precedence due either from lot to abraham , or from abraham to lot , ( for the rules of order are no wayes failing ) and yet we see this is no sufficient inforcement to subject either of these patriarks to the others jurisdiction . when discords arose amongst their servants , they might have been qualified and repressed by a friendly association , and either one or both joyntly or by course might have had the oyer , and terminer thereof . yet so it was , that they rather resolved upon a dissociation , and this could not but have been a great sin against the divine right of government , if any such had been originally imprinted in nature , or delivered by command from god , as of more value then common liberty . t is true it proved afterwards fatall to lot , that he did disjoyne from abraham , and it had been farre more politick and advantagious for both of them perhaps , if they had incorporated one with another : but the question is not whether it was prejudiciall , or no , to esteeme the priviledge of an independent liberty before the many other fruits and advantages of a well framed principalitie : but whether it was sin against god , or no , and a transgression against the constitution of power , to pursue that which was most pleasing , before that which was likely to prove more commodious . i conceive that freedome being in it self good , and acceptable to nature , was preferred before government , which was also good , and more especially commendable , but god had left the choice indifferent , and arbitrarie , and therefore there was no scandall or trespasse in the choice . i speak not this to unsettle any form of government already founded , and composed , nor against the constitution it self , or intention of framing associations : t is sufficient for my purpose , if it be proved , that before such foundation or composition every man be left free , and not abridged of his own consent , or forced by any law of god to depart from his freedome , and i am sure this example of abraham , and lot does evince thus much , unlesse we think good to charge them both as enemies to the politick constitution of power , and will needs introduce a perpetuall yoke of authority upon all men whatsoever , whether pre-obliged by consent or not , which seems to me very uncharitable . but enough of this , i passe now from the constitution it self , to the determination of power to such a line , or such a person , electively , or hereditarily : and this also is an act wherein we do not deny gods ordinary interposition , we onely deny , that the peoples freedome of choice , or consent is at all drowned thereby . gods chusing of saul particularly , is no generall denyall of humane choice ; we may rather suppose that that coronation was an act of divine providence , then of any speciall command . for as god remitted the matter to the decision of lots , so it is undoubted that he guided the event of those lots , as gently , as he guides all other second causes , without violenting the nature of them . so the scepter of judah though it was prophetically intayled upon davids posterity , yet the individuall person or line of that race was not alwayes specified by god . the order of primogeniture was broken in solomon , and there was no certain rule left as often as that order was to be altred , or inverted , to whose choice or discretion it should be left . after the captivity there was also interruption in the lineall course of dissent , and by whom the successive right was then convayed , is uncertain , but in probabilitie either the people , or some other humane hand was the pipe of that conveyance . we shall not need to prosecute this further , our adversaries do grant us , that the election of princes is not now so extraordinarie , and divine as it was amongst the jews , and the scripture it self is clear , that even those jewish princes which god pointed out by lots , or anointed by his prophets were yet establisht , and invested by the people . and therefore in the first delivery of the law by moses , before any king was resolved upon by the people , god prescribed to them in this manner : quando statues regem super te , &c. when you shall think fit to set or erect a king over you , you shall chuse that man whom i shall designe . and the same word statuere is divers times elsewhere used in scripture , so that though god did never interpose in any other nation so eminently about the making of kings , as in judea , yet even there he did commend the person , the people did chuse ; or if he did chuse , the people did statuere , viz. give force and sanction to the same . it remains now that we try what there is of god , and what of man in the limitations , or mixtures of authority . t is a true and old maxime in law , qui jus suum alienat , potest id jus pactis imminuere . and hereupon grotius takes a good difference betwixt imperium and imperii habendi modum , and as for the manner or qualification of rule , that he accounts so meerly humane , that if the king seek to alter it , he may be ( as he acknowledges ) opposed by the people : nay he proceeds further , and cites barclayes authority , who was the violentest assertor of absolute monarchy that ever wrote ) to prove that kings may have but a part in the supremacy of power , and where they have but such a partiall mixt interest they may not onely be resisted , but also deposed for forfeiture in case they invade the other interest . the same author also affirms , that states may condition with kings to have a power of resisting , and that the same is a good condition , though the royalty be limited by no other . if this be so , surely the founding or new erecting of authorities at first , and the circumscribing the same after by consent , is so farre from being gods sole immediate act , that it is , as far as any act can be mans proper and intire act : for except we allow that god has left it indifferent to man to form government as he thinks most for his behoof , we must needs condemne all forms except one , as unlawfull : and if we grant indifference t is all one , as if we left it to second causes . but soft to call kings ( saies one loud royalist ) derivatives of the people , it is to disgrace them , and to make them the basest extracts of the basest of rationall creatures , the community . if we fix an underived majestie in the community as in it first seat , and receptacle ( where there is not one of a thousand an intelligent knowing man ) this is ( if not blasphemy ) certainly high treason against god and the king . this is oxford divinitie . god reproves kings for his anointed peoples sake , these reproach the people for kings sakes . these are the miserable heralds of this unnaturall warre , having mouthes as black as their hands are crimson : but let the man fall to his arguments . a world of reasons ( saies he ) may be brought from scripture to prove that kings are independent from all , and solely dependent from god . but for brevities sake take these . to whom can it be more proper to give the rule over men , then to him who is the onely king truly and properly of the whole world ? answer . to none more proper : there shall be no quarrell in this ; provided you will no more except kings then subjects from this generall subjection . god is the immediate author of all rule and power amongst all his creatures above or below , why then should we seclude him from being the immediate author of government and empire amongst men ? answer . we seclude him not . we onely question whether he be so the immediate author of our constitutions , as he is of primitive order , or whether or no he so extraordinarily intervene in the erecting of governors , or limiting of governments , as to strangle second causes , and invalidate humane acts . man in his innocence received dominion over the creatures immediately from god ; and shall we deny that the most noble , and excellent government over men it from god , or say it is by humane constitution ? answer . god did not create so vast a distance betwixt man and man , as betwixt man and other irrationall creatures : and therefore there was not at first the same reason of subjection amongst the one as the other . yet we except nothing against order , or a milde subjection amongst men : we onely say that such servility as our adversaries would novv fain patronize in gods name , vvas never introduced by god , nature , or any good men . they who exercise the judgement of god must needs have their power to judge from god ; but kings by themselves and their deputies exercise their judgement from god . ergo . answer . the prince of orange , or the duke of venice may as well plead thus , as the king of spaine , or the emperour of germany . besides , according to this rule , quod quis per alium facit , facit per se : the state may as truly say , it exercises judgement by the king , as the king may that he exercises judgement by his inferior courts . lastly , if this be pressed upon supposition , that the king is judge next under god without any dependence from the state , it begs the question : if it be pressed , only to prove , that the king ought to be so independent , 't is vain , and frivolous . . kings are the ministers of god , not only as to their judiciary , but as to their executory power , ergo , their charge is immediately from god . they are called gods , angells , &c. so in the church , preachers are the embassadors of god , and this makes their function immediately divine . answ. the judiciary , and executory power flowes from the same source , this shall breed no dispute : and as for all the glorious attributes of majesty , and irradiations of sanctity , and divinity which the scripture frequently applies to kings . first , we must know they are not only appropriated to kings as they are absolute , and solely supreame ; but to all chiefe governours also though bounded by lawes , and restrained by coordinate partners . secondly , they are many times affixt to kings , not quatenus kings , but quatenus religious and just kings ; these sacred expressions applyed to ahas or jeroboam , doe not sound so tunably , as when they point at david or josiah . thirdly , the people and flock of god sometimes communicate in termes of the like nature , not only priests and prophets were annointed as well as kings , but the whole nation of the jewes was called holy , and dignified with that which the ceremony of unction shadowed only . priests were not kings , nor kings priests , but the children of god are both kings and priests : the scripture expresly calls them a royall priesthood . fourthly , that sanctity , that divine grandour which is thus shed from above upon princes for the peoples sake , in the judgement of wisemen does not so properly terminate it self in the means as in the end . . if the grace inabling kings for their imployment be only from god , then consequently the imployment it selfe , ergo . answer , if god by inspiration did inable all kings extraordinarily , and none other but kings , this were of some force : and yet this proves not that kings are more , or lesse inspired by god , as they are more or lesse limited by man . howsoever wee know by woefull experience that the major part of kings are so farre from being the best judges , the profoundest statesmen , the most expert soldiers , that when they so value themselves they prove commonly most wilfull , and fatall to themselves and others ; and that they ever govern best , when they most relye upon the abilities of other good counsellors and ministers . . where soveraigne power is , as in kings there is authority and majesty and a ray of divine glory , but this cannot be found in the people , they cannot be the subject of it either jointly , or severally considered ; not singly , for all by nature are equall : and if not singly : not jointly ; for all have but the contribution of so many individuals . answ. what ridiculous things are these ? if majesty and authority accompany supremacy of power , then it is residing at geneva aswell , as at constantinople ; or else we must take it for granted that there is no supremacy of power , but in monarchies . all men will explode this : but suppose the crowne escheated in a monarchy , will you say because all have but the contribution of so many individuals , therefore there is no more vertue in the consent of all , then there is in the vote of one ? must the wheeles of government never move againe except some miraculous ordinance from heaven come to turne , and actuate them ? must such a fond dreame as this confound us in an eternall night of anarchy , and forbid us to wind up our weights again ? how poore a fallacy is this ? you cannot subject me , nor i you , nor one hundred of us one hundred of other men but by consent , it follows therefore that all of us joyntly consenting cannot subject ourselvs to such a law , such a prince such a condition . . potestas vitae & necis , is only his who only gives life : ergo , kings which only have this , can only derive this from god . answ. this destroyes all government but monarchicall , this denies all aristocraticall or democraticall states to bee capable of doing justice or proceeding against delinquents , what can be more erroneous or pernitious ? the power of life and death in a legall sence is committed to man by god , and not to kings only . for if the crowne of england were escheated , the community even before a new restauration of government , during the inter-regnum , might joyne in putting to death murderers and capitall offenders , and perhaps this it was which cain stood in feare of . nay it may be thought ex officio humani generis , they ought to prosecute all the common disturbers of mankind . and if this without some orderly tribunall were not lawfull , or possible to bee done , yet what right or power is there wanting in the people to erect such a tribunall ? grotius tells us , that as man is the generall subject of the vis●ve facu'ty , though the eye of man be its particular seat , so the whole body politick is the generall subject of authority , though it bee more intimately contracted sometimes into such a chaire , such a bench , such an assembly : and if it be so after government setled , it is much more so before . . the actions of kings aswell of mercy , as justice , are owned by god , and therefore when god blesses a people , hee sends good kings ; when he scourges them , he sends evil kings . answer . if god be said to send evill kings , and to harden them for our punishment in the same manner , as he sends good kings &c. we must acknowledge the hand of god in these things , but not as over-ruling secondary causes : when the lot is cast into the lap , the event is from the lord , but it does not alwayes so fall out from the immediate sole causality of god , so as the second cause is forced thereby , or interrupted in its ordinary operation . wherefore if the immediate hand of god does not violent such hidden contingent effects , sure it is more gentle to more rationall and free causes : and where the effect is evill , we must not make it too causall . . god is stiled a king and represented on a throne , therefore let us not make him a derivative of the people also . answer . demand what security you please for this , and we will give it . . kings , priests , prophets were anointed , but no fourth thing : and since priests and prophets are sacred by immediate constitution , why not kings ? answer . wee have instanced in a fourth thing , upon which the unction of god hath been powred , if not visibly yet spiritually , if not in the externall ceremony , yet in the internall efficacy . we do not deny also but kings are sacred by immediate constitution , as well as priests : but we deny that kings only , or absolute kings only excluding other conditionate princes , and rulers are thus sacred ; and as for priests , they are not so properly a power as a function : neither doe i perfectly understand how farre they disclaime all humane dependence in their functions , nor is the dispute thereof any way pertinent in this case . . disobedience to princes is taken as disobedience to god , and therefore god sayes to moses and aaron , they murmure not against you , but me . answ. cursed for ever bee that doctrine that countenances disobedience to magistrates , much more such disobedience against such magistrates in such things , as that was which god so severely chastised in the israelites : our dispute at this present is not about obedience , but the measure of obedience ; for if the kings will be the sole rule thereof , wee cannot disobey god in obeying the king , but this we know is false : and if any other rule be either in the law of god or man , to that we will conforme in our actions , and to that we ought to be confin'd in our disputes . . the last result is , priests and kings have their offices if not personall designations , immediately and solely from gods donation , and both ( as to their persons and functions ) being lawfully invested with sacred power , are inviolable . answ. we need not doubt , but this great ostentatious undertaker , and this wide , gaping promissor , was some cathedralist within orders , he does so shuffle priests and princes together . he will needs have princes as inviolable as priests , but hee could wish much rather , i believe , that priests were as unpunishable as princes . he doth admit princes to have their offices as immediately from god as priests , but then his intent is that priests shall claime a power too as independent as princes , caecus fert claudum , &c. if kings will bee but as willing to carry bishops as they are to guide kings , 't is no great matter whether any body else have legs to walk , or eyes to see . but what if we grant ministers to have persons as inviolable as magistrates , and magistrates offices as sacred as ministers : what doth this prove against limited monarchy , how doth this devest the people of god of all right and liberty ? thus we see he that answers one argument , answers all : for wee doe not deny gods hand in the crowning of princes , we know the scripture is expresse in it , and wee know there is a necessity of it , as there is in all other human things ; and yet this is al they can say for themselves . all that we wonder at is , that since the scripture doth every where as expresly also mention the hand of man in making and chusing of kings , and since there is no more ascribed to god for inthroning them then is for dethroning : that our adversaries will take no notice at all of the one , as well as of the other . it is plain in iob . . that god looseth the bond of kings , and girdeth their ioynes with a girdle : and many other proofes may bee brought , that god giveth and taketh away scepters . wherefore it jeroboam an usurper and seducer of the people doe as truly hold his crowne from god , as rehoboam , if nebuchadnezar may as justly require subjection from the jews under the name of gods vicegerents , as josiah ; if cyrus be as truly invested from heaven as judas machabeus ; if rich. the third have a person and office as sacred , and inviolable by divine right , as his nephew edward the fifth whom he treacherously murdered : and if we cannot affirme that god is a more active or efficacious cause , or more overaweth , and wresteth inferiour agents in the one , then the other , it behoves us to be as cautious how we impute to god , that which is mans , as how we impute to man , that which is gods . kings raigne by god , 't is confest : but ( kings ) there is used indefinitely for all supreame commanders , as well limited as unlimited , as well those which have a greater , as those which have a lower stile then kings , as well usurpers and such as ascend by violent meanes and uniust titles , as lawfull princes that enter by a faire descent and election : and so likewise the word ( by ) is taken indistinctly , it may as well signifie that efficacy of gods hand which is ordinary , and stands with the freedome of naturall causes , as that which is extraordinary , and excludes any humane concurrent causality : and we have given reason , why it should intimate the first , but there is no reason given why it should intend the second . but the royalists will now object , that if power doe flow from a humane naturall principle ( rather then a divine and supernaturall one ) yet still this proves not that publick consent is that only principle . nimrod was a greater hunter of men , and doubtlesse that empire which he atcheeved , was rather by force then consent ; and t is apparent that many other princes have effected that by their owne toyles , which they never could have done by meer merit or morall inducements . 't is not to be imagined that nimrod or any other by meer personall puissance without the adherence of some considerable party , could subject nations ; or lay the foundations of a spreading empire : neither was any conquest ever yet accomplisht without some subsequent consent in the party conquered , as well as precedent combination in the party conquering , or concurring in the act of conquest . normandy and england were united by armes , but not meerly by armes , for the acquisition of england was compast at first by the voluntary aydes of the normans , and upheld afterwards by the voluntary compliance of the english . the maintaining of dominion is altogether as difficult as the purchase , and commonly is of the same nature : if nothing else but the sword had placed william in the chair , nothing else but the sword perpetually unsheathed could have secured him & his posterity therin , but it was not normandy that was ingaged against england , it was william that was ingaged against heralt , no sooner therefore was that personall dispute ended , but william was as well satisfied with the translation of heralts right , as england was willing to transferre the same upon him . without some rightfull claime william had been a robber , not a victor , and without the consent of this nation either declaring or making that claime rightfull , the robbery would have lasted for ever , and yet no title had ever accrued thereby . wherefore if there must be a right of necessity to make a difference betwixt robbery , and purchase ; and if that right can never bee justly determined by force without consent either precedent , subsequent , or both : nor no prince was ever yet found so impious or foolish as to decline the same : the plea of conquest is but a weak absurd plea , for ( as it is well observed ) by a learned gentleman , conquest may be a good meane , or it may be a remote impulsive cause of royalty , but an immediate formall cause it cannot be , neither can gods ordinance bee conveyed , or a people in conscience ingaged by any other meanes then consent of the people , either by themselves , or their ancestors . our adversaries to involve us in a base thraldome boast of three conquests in this iland , and yet neither of them all was just , or totall ; or meerly forcible , without consent preceding , or following . 't is a law amongst swordmen ( and it hath no other sanction ) arma tenenti , omnia dat , qui justa negat . try us by this law ; and what could either the saxon , dane , or norman pretend against this whole nation ? if the crowne was unduly withheld , that could beget but a particular quarrell betwixt the usurper here and him that was pretender , on the otherside . this was no nationall injury , and yet even no such manifest desseisin can be proved against us . besides , if the whole nation had transgressed , yet the whole nation was never wholly subdued , nor scarce any part of it altered by conquest , all our conquerours themselves did rather loose themselves , and their customes , and their laws to us , then assimilate us to themselves . anglia omnibus regunt & nationum temporibus iisdem legibus , & consuetudinibus quibus nunc regitur continuò regebatur : we know by what an authenticall hand this was written . war-like incursions of foraine armies prevail no more usually upon great states , then the influxes of rivers do upon the ocean , so farre they are from making the maine fresher , that they themselves become brackish in attempting it . we see the norman here being in the full pride of his great victory , was in danger to have received a fatall check from the inhabitants of kent ( one county of this realme ) had he not prudently betaken himself to a milde way of treatie , and composition . and if the conquered remain in such condition , what justice is that , which ingulphs not onely them but the conquering nations also , and their posterities in the same vassalage under one insulting lord ? the natives here now are not distinguishable , nor ever were in point of freedome from those which entred by force amongst them ; and shall we think , that the same hand which wrested away our liberty in favour of one man , would do it with expence of its own also ? to use more words in this pretence of violent acquisition , were to attribute too much to it , if you relye upon any agreement and condescension of this nation , produce the same , and the true form thereof , and that shall purchase you a good title ; if you relye upon meer force , the continuation thereof to this day ought not to conclude us in a plea of this nature . t is no reason we should be now remedilessely opprest , because our ancestors could not defend themselves against your oppression . let us come now to another objection : for the royalists will still say , if the people be the true efficient , primary cause of soveraignty , yet the party constituting is not alwayes better then the constituted . still the rule is deniable , quicquid efficit tale est magis tale . for the better ventilation of this truth , we shall distinguish betwixt natural and moral causes ; for in morall causes this rule does not so constantly hold , as in naturall . you will say , that in naturall things , it does not alwayes hold ; for a spark may raise farre greater flames then it self ; and wine may intoxicate or work that in another , which it has not in it self . i answer . the spark that inflames other combustible stuffe , and so dilates it self into a greater flame , works not as a cause onely , but as an occasion also ; and we shall more truly imagine that it is multiplied , and that it gathers new strength from other concauses , then that it spends it self , or effects something more vigorous , and perfect then it self : so wine , it makes not drunk , as it is it self drunk ; because drunkennesse proceeds not from wine immediately , but from other neerer causes . wine heats the veines , annoyes the stomack with humors , and the brain with fumes , and these are the immediate causes of drunkennesse ; the proper work of wine is heat , and so it ever has a heat as intense in it self , as that which it self causes elsewhere , and without the accession of other joynt causes , it cannot produce a greater degree of heat , in another thing then it reserves in it self . as to ethicall causes ( if they may be truly called efficients ) t is confest , forasmuch as they work voluntarily and freely , they may in their influences depart with more , or lesse vigor as they please . authoritie , land , honour , &c. may be passed either absolutely , or conditionally , and the conditions may be more or lesse restraining as the agreement provides , according to the intent of the grantor , expressed by instrument , or otherwise . in our case then we are to inquire whether supreme signiory , or command be to be reputed amongst naturall or morall things , and i conceive it is of a mixt nature , proceeding from principles partly ethicall , and partly naturall . the honour and splendor of monarchs ( two main ingredients of dominion ) are after a physicall manner derived , the more glorious and noble the people is , the more glorious and noble the chief of the people is ; and this honour and glory is such as flows from the people without wasting it self , in the act of flowing . in the like manner puissance , and force , it has a naturall production from the people ( and this is another principall ingredient of empire ) the more strength there is in such or such a nation , the more strong is he who commands that nation : and yet that puissance which by perpetuall consent passes into the supreme commander , does not so passe from the people , but that it retains its ancient site , and subject of inherence . wherefore honor and power though they be so great requisites in the composition of princes , yet we see they have a naturall efflux ; and as honor is in honorante not in honorato , so potestas is in potestante ( as i may use the word ) not in potestato . the woman is coruscant by the rayes of her husband , borrowing resplendence like the moon from the suns aspect , without losse or diminution to the fountain and cause of that coruscance . in the same manner also princes derive honour and power from their subjects , yet drain not at all the scource which derives it : tanti est rex , quanti est regnum : as the people increases , or impairs , so does the prince ; and we must not expect the contrary . if then a prince be in value or excellence superiour to that community from whence all his power and honour deduces it self ( which can find but hard entertainment in our thoughts ) yet t is not because the fountain has evacuated it self in that deduction ; for we see the effect ( even after its production , for i speak not of its former entity ) is such here , that it has aristotles condition in it ; it does utrique inesse , it has a residence in both parties , it invests the grantee without devesting the grantor . to do the office of a protector , is the most proper , and therefore the most excellent , and incommunicable prerogative of a king , yet even that power by which he is made capable of protecting , issues solely from the adherence , consent , and unity of the people ; and so issues , as that the people suffer no exhaustion in the busines . neverthelesse , it must be granted , there is something of royalty which springs from a morall principle , but that is the commission , or indeed that form of qualification by which one prince differs from another in extent of prerogative , and in respect of this principle the people does more or lesse straiten it self in point of liberty . this of all other rayes of majestie is most immediately streaming from the consent of the people ; but if a nation by solemne oath , or otherwise has ingaged it self to submit to the will of a prince absolutely , affirmatively reserving no priviledges , but tacitly renouncing all immunities except onely at discretion , i shall not seek to destroy such agreements . i onely say such agreements are not the effects of nature , and t is not easie to imagine how right reason should ever mingle with such a morall principle , as gave being to such an agreement , especially when it renders the prince , who for honour and power has his perpetuall dependence upon the people , yet more honourable and powerfull in reputation of others then the people , and that by the expresse grant of the people . howsoever ( not to make this any part of our quarrell ) let such acts of communities be demonstrable positive , and unquestionable , as particular convayances of lands , &c. use to be , and it shall not be denyed , but the effect in these politicall affairs may be more such , then that impoverisht cause , which emptied it self to make it such . yet sure such acts are very rare , prescription is the great plea of princes , and they themselves must be judges of that plea , the grand signior himself has nothing but prescription to damne his subjects ( if they be to be accounted subjects ) to the base villenage of arbitrary rule . but you will say to such causes , as remain more vertuous then their effects , there is another condition also requisite , they must not onely utrique inesse , but they must admit of degrees also , that the effect may be lesse then the cause , as the water heated is lesse hot then the fire . and you will say , if the peoples power be not totally involved , then they remain still , as well superior to the parliament as to the king . and if it be , then why not inferior to the king , as well as to the parliament ? as for degrees , there is nothing more known and assented to by all : all men must take notice , that prerogatives of princes differ almost in all countreys ; and since this difference flows from different commissions , which princes do not rightly grant to themselves , it cannot but issue from the people , and from an act of the people which is graduall in it self . for the other objection , we say t is not rightly supposed that the people and the parliament are severall in this case : for the parliament is indeed nothing else , but the very people it self artificially congregated , or reduced by an orderly election , and representation , into such a senate , or proportionable body . t is true , in my understanding , the parliament differs many wayes from the rude bulk of the universality , but in power , in honour , in majestie , in commission , it ought not at all to be divided , or accounted different as to any legall purpose . and thus it is not with the king , the king does not represent the people , but onely in such and such cases : viz. in pleas of a common nature betwixt subject and subject . wherein he can have no particular ends ; and at such or such times , viz. when there is not a more full and neer representation by the parliament . and hereupon the supreme reason or judicature of this state , from whence no appeal lies , is placed in that representative convention , which either can have no interests different from the people represented , or at least very few , and those not considerable : but i shall have occasion to be more large hereafter upon this , and therefore i now supersede . i come now to the finall cause of government . the scripture is very pregnant , and satisfying ; that the proper end of government was the good of the governed : and that the people was subjected to dominion for their happinesse , and tranquillity ; and not that the prince was elevated for his pomp , or magnificence . as for the prince , the law of god is most expresse in that , he is not to make his advancement any ground of lifting up his heart above his brethren : he is injoyned to that comportment which suits with a brother , not a lord : and to be so farre from lifting up his hand insultingly , as not to be inflated in his thoughts vain gloriously . and for the people , they are called gods flock , and the sheep of his pasture ; and therefore it is said in the . psalme , that god chose david to feed his people . our adversaries therefore though they seldome speak of the people but under the notion of the ruder multitude , and seldome name the multitude , but with termes of derision , yet they will not wholly disavow this , and therefore they would fain divide with us , and have a co-ordination of ends in the businesse . they will acknowledge that power was ordained , ut nobis bene sit , according to jeremy ; and ut tranquillam & quietam vitam degamus oum omni pietate , & sanctitate , atque etiam extrema honestate ; according to timothy : and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , according to st. paul : and pro bono publico , according to aristotle , and all sound phylosophy : but still they say , this end , is not the sole end , the power and honour of the governor is an end co-ordinate withall , or at least not meerly subordinate . this we can by no means admit , though by the word governor be intended , the best regulated governor that can be ; much lesse if an arbitrary governor , or one that abuses his power be here understood . for though government be a necessary medium for the preservation of man considered in a lapsed condition , yet this or that form of government , is not alwayes so much as a medium : arbitrary jurisdiction is so farre sometimes from being a blessing , that it is a very pest to the people of god . and if it arrive not at the efficacy of a true medium , how can we imagine it an end in any respect whatsoever ? neverthelesse if there were not fraud in royalists , when they speak of the power , and honour of princes generally , if they did not under those termes comprehend that arrogant tumor or grandour of mind which is incompatible with brotherly demeanour , and so is precisely forbidden by god , we should not so curiously distinguish at this present betwixt a mean , and a sole or meer mean . but now it behoves us to be very strict , and therefore to use the words of cicero upon this , eo referenda sunt omnia , iis qui praesunt aliis , ut ei qui erunt eorum in imperio sint quam beatissimi . this seems a hard saying to our royalists , must princes do nothing at all but in order to publick good , and are they bound to promote such as live under their command to all possible good , ut sint quam beatissimi ? this goes very farre ; this makes the power , honour , of supreme rulers so meerly subservient , and subordinate to the publick good , that to compasse that at any time , nay or to adde any scruple of weight unto the same , it is bound wholly to postpone or deny it self . vt gubernatori cursus secundus , medico salus , imperatori victoria : sic moderatori reipub. beata civium vita proposita est : so in another place sayes the same author , and this we may suppose he learn'd not onely out of the discourses of aristotle , and plato , as he was a phylosopher , but out of his state practise , as he was a noble senator and magistrate in rome . we read of multitudes of heathens , both greeks and romanes who had great commands , yet lived and died very poore , either by neg●●●●ting their own particular affairs , or by spending their own means upon the publick . and therefore as salvian saies of some of them to our shame , illi pauperes magistratus opulentam rempub. habe●ant , nuuc autem dives potestas pauperem facit esse rempub. adrian the emperour did often say both to the people , and in the senate of rome , ita serempub . gesturum ut sciret populi rem esse , non suam . and for this cause some princes have deserted their thrones , others have bitterly complained against the perpetuall miseries of soveraignty , as being sufficiently informed that to execute the imperiall office duly , was nothing else but to dye to themselves , and to live only to other men . this does absolutely destroy that opinion , which places the good of kings in any rivalty with the good of states . for if antonius pius could truly say , postquam ad imperium transcivimus , etiam quae prius habuimus perdidimus ; how farre distant are they from truth which makes kings gainers , and subjects loosers by their inthronization ? m. anton. phil. having by law , the sole , intire disposition of the publick treasure , yet upon his expedition into scythia , would not make use of the same without the senates consent , but professed openly , eam pecuniam , caeteraque omnia esse senatus populisque rom. nos enim usque adeo nihil habemus proprium , ut etiam vestras habitemus aedes . how diametrically opposite is this to that which our state-theologues doe now buzze into the kings eares ? they instead of giving the subjects a just and compleat propriety in the king , resigne the subject and all that he possesses to the meer discretion of the king , instead of restraining princes where the lawes let them loose , they let loose princes where the law restraines them . but our royalists will say , this is to make the condition of a king miserable , and more abject then a private mans condition . for answer to this i must a little anatomize the state of a prince . for a prince is either wise , and truly understands the end of his promotion , or not ; if he be not wise , then he is like a sottish prisoner loaden and bound with golden fetters , and yet is not so much perplexed with the weight , as inammor'd with the price of them . then does he enter upon empire , as if he went only ad au●eam messem , as stratocles , and dramoclidas had use to make their boasting in merriment ; but these vain thoughts serve onely to expose him to the traines of flatterers , and court-harpyes , till having impoverisht thousands to inrich some few , and gained the disaffection of good men to be abused by villaines , he never reads his errour till it comes presented to his eye in the black characters of ruine . the same wholesome advertisement commonly which first encounters him ( as that hand-writing did which appear'd to belshazzar in his drunken revells ) lets him understand withall , that all repentance will be too late . if the prince be wise , then does he sit amongst all his sumptuous dishes like damocles , owing his life perpetually to the strength of one horse haire : and knowing that nothing else saves his head from the swords point : then must his diadem seem to him as contemptible , or combersome as seleucus his did , who confidently affirmed that no man would stoop to take it from the ground , to whom it was so perfectly knowne as it was to him . and it was no wild , but a very considerate interpellation of some other sad prince , who being to put on the crowne upon his owne head amongst all the triumphant attendants of that solemnity could not but break out into this passion . o thou deceitfull ornament , farre more honourable then happy ; what man would stretch forth his hand to take thee out of the dust , if he did first look into the hollow of thy circle , and seriously behold the throngs of dangers , and miseries that are there lodged ? secondly , a prince is either good , and applies himselfe to compasse the end of his inauguration or not , if hee bee not good , then does he under the majesticall robes of a god , act the execrable part of a devill , then does he imploy all those meanes and helps which were committed to him for saving purposes to the destruction of gods people , and to the heaping up of such vengeance to himselfe , as scarce any private man hath ability to merit . how happy had it bin for tiberius , for nero , and for a hundred more , if they had wanted the fatall baites of royalty to deprave them , or the great advantages of power to satisfie them in deeds of lust , and cruelty ? neroes beginning , his quinquenium shewes us what his disposition was as a meer man ; but the latter part of his tragicall raign shewes us what the common frailty of man is being overcharged with unbounded seigniory . amongst other things which made caius appeare a monster and not a man , suetonius in the first place reckons up his ayry titles of pious most great , and most good &c. his impiety made him so audacious as to prophane these sacred stiles , and these , sacred stiles made his impiety the more black , and detestable . if the prince be good , then as sencca saies , omnium domos unius principis vigilia desendit , omnium otium illius labor , omnium delitias illius industria , omnium vacationem illius occupatio . and in the same chapter hee further addes , ex quo se caesar orbiterrarum dedicavit , sibi eripuit , & siderum modo , quae irrequieta semper cursus suos explicant , nunquam illi licet nec subsistere nec quicquam suum facere . 't is true of private men ( as cicero rightly observes ) ut quisque maximè ad suum commodum refert quecunque agit , ita minimè est vir bonus . but this is much more true of publick persons , whom god and man have by more speciall obligations , confined to publick affaires only , and for that purpose raised above their own former narrow orbe . o that our courtiers at oxford would admit of such politicks , and blush to publish any directly contrary ? then would these raging storms be soon allayed . but alas , amongst us , when the great counsell desires that the kings children may not be disposed of in marriage without publick privity , and consent , all our peace and religion ( being nearly concerned therein ) it is answered with confidence , that private men are more free then so . so when the election , or nomination of judges , commanders , and counsellors of state is requested , 't is answered , that this is to mancipate the crowne , and to subject the king to more exactnesse in high important affaires then common persons are in their lower interests . till machiavells dayes , such answers never durst approach the light , but now princes have learnt a new lesson ; now they are not to look upon the people as gods inheritance , or as the efficient , and finall causes of empire , but as wretches created for servility , as mutinous vassalls , whose safety , liberty , and prosperity is by all meanes to be opposed , and abhorred , as that which of all things in the world is the most irreconcileably adverse to monarchy . salust a heathen complaines of his times , that instead of the ancient roman vertues , they did entertain luxury and covetousnesse publice egestatem , privatim opulentiam . that which he complained of as the symptome of a declining state , we christians cry up as a rare arcanum imperii : to make the court rich , and keep the countrey poor as in france , is held the most subtile art of establishing a prince . trajan a pagan was an enemy to his owne safety further then it could stand with the safety of the state , as pliny writes ; and would not indure that any thing should be wisht for to befall him , but what might bee expedient for the publick . nay hee appeal'd to the gods to change their favour towards him if ever hee changed his affection to the common-wealth . yet clergy men now in holy orders , advise princes not only to preferre themselves , before the people , but even to propose the peoples poverty , as the best mean to their wealth , and the peoples imbroyling the nearest passage to their safety . cicero out of plato gives princes these precepts , so to provide for the peoples commodity , as in all their actions to have relation to the same , and utterly to forget their private advantage : and in the next place to extend their care to the whole body of the common-wealth , and every part of it . our divines on the contrary think they cannot speak more like themselves then by inverting this order : making the kings profit the sole scope of his aimes and actions , and the peoples either secondary thereunto , or which is worse inconsistent therewithall : and so farre are they from taking any consideration of the whole body , that if the major part bee not condemned to slavery , and poverty , they conceive the weale of the whole is exposed to great hazard . it is to be noted also , that we christians are not only degenerated in our politicks and become more unnaturall then gentiles , but even we also amongst christians which have been born under regular governments , doe more preposterously let loose the raines of soveraignty , then those gentiles which knew no such regulations . seneca under the roman empire sayes , non licet tibi quicquam tu● arbitrio facere . his reason is , magna fortuna , magna servitus . in england this would now be treason , if not blasphemy against god and the king , we must bee so far from saying that our king ( though hee pretend not to an absolute prerogative ) is a servant , that we must not say he is universis minor : wee must bee so farre from denying him an arbitrary power in any thing , that we must allow him an arbitrary dissent even in those things which the states of kingdomes after mature debate propose to him . maximus the emperour in his oration to his souldiers uses this expression : neque enim unius tantum hominis possessi● principatur est , sed communis totius ro : populi siquidem in ill● urbe sita est imperij fortuna : nobis autem dispensatatio tantum atque administratio principatus una vobiscum demandata est . who dares now avow at court that the whole nation of england hath a true interest and possession of this crowne , and that there is nothing therein committed to the king , but the office and charge to dispense , and manage the same together with the people , for the peoples best advantage ? that which was true at rome when there was neither religion , nor perfection of policy to bridle tyranny is now false , dangerous , trayterous in england , amongst the most civill , and knowing christians that ever were ; what can be now spoken more odious in the court of england , then this undeniable truth , that the king is a servant to the state , and though far greater , and superiour then all particulars ; yet to the whole collectively taken , a meer officer or minister ? the objections of our adversaries against this truth are especially these two . first , they say the end is not more honourable , and valuable then the means : and , secondly , it cannot be so in this case , because ( they say ) it is contradictory in sense , and a thing impossible in nature to be both a servant , and a lord to the same state . as to the first objection , whereas the example of our saviour is produced to prove , that some instruments may be of more dignity then those ends for which they are ordained : we answer , our saviour though hee did by his blood purchase our redemption , yet was in the nature of a free and voluntary agent , he was not design'd to so great a work of humiliation by any other cause then his owne eternall choice : and therefore since hee receives no ordination or designation from those whom hee came to redeem , nor had no necessary impulsion from the work it selfe of redemption , but was meerly moved thereunto by his owne intire {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , wee say he was not our mean or instrument , but his owne ; and whereas the example of the angells is next alleadged : we answer also , that their ministery performed unto men is rather a thing expedient , then necessary ; and it is not their sole or chiefe ministery , neither doe they perform the same as necessarily drawne thereunto by any motive from man , as being the immediate end of their ministery , but their service is injoyned immediately by god , and so god , not man is the true scope of their attendance . lastly , whereas it is prest , that the advocate is ordained for the client , the physitian for the patient , &c. yet it is frequently seen that the advocate is better then his client , the physitian then his patient , &c. we answer , every particular advocate or physitian is not to be compared with every particular client or patient , but it is true in generall that the skill and art of the advocate and physitian is directed in nature not so much for the benefit of him which possesses it , as of him which is served by it ; and therefore aristotle in the . phys. cap. . affirmes truly that the physitian cures himselfe by accident , as the pilot wafts himselfe by event , it being impossible that he should waft others , if hee were absent . in all arts that which is principally intended , is the common benefit of all , and because the artist himselfe is one part of the whole body , consequently some part of the benefit redounds to him . so after the same manner hee that sits at the helme of a state amongst others , steers the same for his own ends , but according to plato , and and cicero both , his maine aime , his supreame law , ought to bee salus populi ; it is a fit title for princes to be called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and wee know in a philosophicall understanding , the shepheard , though by kind farre more excellent then his charge , yet in quantum a shepheard , considered meerly in that notion with respect to his charge , is subordinate and bound to expose himselfe for his sheep . it is our saviours saying , and it was crowned with our saviours practise , bonus pastor ponit vitam pro ovibus . besides , advocates , physitians , &c. as they voluntarily choose their owne professions , perhaps intend their own private profit in the first place , the publick in the second , such is the perversenesse of humane nature ; but as the state designes , or authorizes them , that intends publick ends in the first place . i passe now to the second objection which maintaines lord and servant to be incompatible ; our tenet is , that kings may have supreame majesty as to all individuall subjects , yet acknowledge themselves subject to the whole state , and to that supreame majesty which flowes perpetually from that fountaine . in briefe , according to the old received maxime , the greatest monarchs in the eye of law , policy and nature , may be singulis majores , universis minores , they may obtaine a limited empire , or sub regno graviore regnum . our adversaries though they cannot disprove , yet they much disrelish this doctrine , they cannot say it is impossible ; for all democracies , aristocracies , mixt and limited monarchies make it visibly true : nor can they say it is incommodious , for there are more mixt and limited states then absolute ; and those which are mixt , and limited , are more civill , more religious , more happy then those which are not . these things are beyond all doubt , and debate . the question then is only , whether absolute princes , that is , such as have no persons to share in power with them , nor no lawes to circumscribe their power for them , be not as meer servants to the state , and as much obliged in point of duty to pursue its publick interest , as they are lords over private persons , and predominant over particular interests . many of the authorities before cited make good the affirmative , and many more may be alleaged to the same purpose : and the rule of finall causes , makes it beyond all contradiction , that there is a certain service annexed to the office of the most independent potentate . nefas est , ( sayes alexander severus ) à publico dispensatore prodigi quae provinciales dederant . he contents himselfe with the name of a publick steward or treasurer , and confesses that hee cannot mispend the common stock intrusted with him , without great sinne and injustice . maximus also ( as was before recited ) challenged no more in the empire then a kind of commission to dispense , and administer ( they are his owne very words ) the affaires of the empire with the state . and therefore seneca gives this admonition , that the emperour should make his account , non suam esse rempub. sed se reipub. and this was that service ( the very word it selfe is servitus ) which tiberius complained to be layed on his shoulders so miserable and burthenous , as sueton. writes in the life of tiberius . it was recorded in commendation also of nasica , that hee preferred his countrey before his owne family , and did account no private thing his owne , or worthy of his thoughts in comparison of those things , which were publickly advantageous ; ut enim tutela , sic procuratio reipub. ad utilitatem eorum , quibus commissi sunt , non ad eorum quibus commissa est , gerenda est : here the office of a magistrate is a procuration , he is taken as a guardian in socage , and the end of his office is the utility of those which are committed to his trust , not his owne . to conclude the lawes of the empire were very full , and cleer in this , and many more histories might bee brought forth to give more light and strength in the case , but there is no need of any . if any honest patriot neverthelesse think fitter to use the name of father then servant , i shall not wholly gainsay therein . my wish is , that subjects may alwayes understand their right , but not too rigorously insist upon it ; neither would i have them in private matters look too much upon their publick capacity : princes also may without indignity to themselves , at some times condescend to such acknowledgements of the peoples due , as is not so fit to be heard from any mouth , but their owne . happy is that king which anticipates his subjects in submitting his own titles , and happy are those subjects which anticipate their king in submitting their owne rights , and happy are both , when both thus comply at the same time . neverthelesse , if it may be ever seasonable to urge a verity with strictnesse , princes are not to be called fathers of their subjects , except taken divisim : but are meer servants to the people taken collectim . how erronious then are they , and how opposite to the end of government , which are so far from making kings servants to the people , that they make the people servants to kings ; whereas the lord doth not rule for the profit of his servant , but by the profit of his servant compasses his own . servile power is tolerated , because it tends to the safety and good of him that is subject to it ; but as aristotle holds , . pol. c. . the master in protecting his servant does not look upon his servants ends herein , but his own , because the losse of his servant , would be a losse to his family . therefore this kind of authority is not to be indured in a state , because it is incompetent with liberty , provided onely for slaves , and such as have no true direct interest in the state : whereas finis justi imperii ( as ammianus writes ) and as has been confirm'd by many other proofs : vtilitas obedientium aestimatur , & salus . but you will say , it is more reasonable that subjects should remain under the condition of servants , then he which has authority over those subjects , and is in place far above them . i answer : that end to which princes are destin'd , viz. the common good , or {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as one cals , or {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as another cals it , or cura salutis aliena , as another cals it , is so excellent , and noble , that without the inconvenience of servility , they may be servile to it . the truth is , all things that are in the nature of means and instruments are then most perfect , and intire , when they are most fit , and conducible to accomplish the end for which they are prepared . so aristot. delivers in the . metaphys. and so averroes , and thomas thereupon . t is to quarrell against god , and nature , to except against that true and proper end which god and nature hath design'd to any person or thing . the greeks called excellence {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} from {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; and the romanes called it perfectio , because that is perfect , or consummate which approaches nearest to its end . t is not onely therefore to be said , that that is a perfect , or intire state , wherein the governor executes all things in order to the common good , but he also is a perfect , and intire governor , which bends all his actions to that purpose . for if we look up to almighty god , we must needs acknowledge that he is most truly represented and personated by such a deputy as refers all things to publick good . for god is goodnesse it self , and there is nothing more essential to goodnesse , then to be diffusive , and god has no end of addition or profit to himself in making heaven , or earth , angels or men . next if we look upon nations , they ever retribute most honour , and repay most dutie , love , and gratitude to such princes as are most free from particular aymes . that reigne which supports it self by terror is accompanied with hatred , and danger : but that which found it self upon love , is truly majesticall , safe , and durable . for in part the princes happinesse is involved in his subjects , and he does more partake in their flourishing condition , then they in his private advantages . if cicero can say , nistrum dicamus esse , quicquid bono principi nascatur : the prince may say as truly , principis est quicquid est omnium . therefore does aristot. . ethic. c. . maintain , that kings do not regard their own particulars , but the community of their subjects ; because there is a self-sufficiencie , and perfection in good kings whilest they cannot be said to want that , which their subjects have . queen elizab. by her publick actions doubted not to win her subjects hearts , and being possessed of her subjects hearts , she doubted not but to command both their hands and purses , and what else could she want to make her truly great and glorious ? next , if we look upon princes themselves , they have gallant , capacious , and heavenly souls , which know no bounds in their affections but the community it self , over which god hath placed them : but they are ever narrow of heart , poore of spirit , and weak in judgement , that prefer themselves , and their own profit , or rather a shadow of profit , before the whole flock of god , and that which is indeed reall , and substantiall glory . plato supposes that nature in the composition of common people used the courfest metall in the composition of souldiers , and the middle rank silver ; but in the production of chief commanders , the purest sort of gold . his meaning is , she infused higher and better principles , where the confined to greater and nobler ends . lastly , if we look upon the nature of the end it self , we shall see there is not that servility in it as is supposed , it differs toto genere from that preposterous end , which would make whole nations servile . for if it be slavish , and base , to have the true good or prosperity of millions postponed to the false good and prosperity of one man , sure it is directly the contrary , for one man to abdicate that which has but the shew of his single benefit in comparison of that which apparently is the true benefit of millions . servility and slaverie ( if it be rightly defined ) is that odious and unnaturall condition , which subjects and necessitates a man to a false end , or to such an end , as god and nature in his creation never did intend him for . now this definition does not agree with that condition of a prince , which subjects , and necessitates him to publick ends . let then all princes from hence learn to renounce machiavils ignoble , fordid principles , and let them industriously aspire to the true excellence and perfection of that publick divine end , for which they were ordained . let them think it more glorious , and better beseeming imperiall dignity , to be accounted the love , and delights of mankind , as titus was ; then the seducers of israel , as jeroboam was . let them zealously imitate augustus , who found rome built of brick , but left it all beautified with marble ; rather then nero who consumed both brick and marble with fire , and reduced all to ashes . let them follow that prince , who preferred the saving of one subjects life , before the slaughtering of a thousand enemies ; rather then such princes , as usually value the life of one traytor , before the peace and safety of divers kingdoms . to conclude , let the publick good of their subjects , ( being the true end of their royaltie assign'd both by god and man ) be the measure of their actions , the touchstone of their politicks , the perfection of their laws , the determination of their doubts , and the pacification of all their differences . we have now seen who is the architect , and what the true intent is of the architect . let us in the third place take view of some frames and erections to gain more light from the parts , and fashions thereof . and first let us take notice of such politicks as scripture affords from adam to moses ; and next from the introduction of the law till the incarnation of our saviour : then let us inform our selves of that empire under which christianity began first to spread ; and lastly , let us draw down to our owne times , and survey our owne fabrick . the first species of power , which had a being in the world ( for the word power is applyed diversly ) was maritall : and this we conceive to be something more then meer order , but not so much as jurisdiction ; for these reasons . first , the scripture saies , the man , and the woman were made one flesh , or one person ; and they were so conjoyned in their interests , that the love of son and father was not so strong , as this conjugall tye . this makes a coercive power improper , when man is to use it upon his own members : for man is not said justly to have any jurisdiction over his own parts , or members ; t is a kind of solo●cisme in nature . vbi tu caius , ibi ego caia , so said the old roman law , and god in the fifth commandement allowes the same degree of honour to the mother as to the father . secondly , if the husband have such a coercive power , it is so arbitrary that he may proceed to what degree of rigour he pleases , even to death it selfe ; for as hee hath no law to bound him , so hee hath no equallito controll him : nay , he is not judge only , but informer , witnesse , and executioner also : and nothing can bee more extreame , and rigid then this . thirdly , the wife ( admitting such a jurisdiction of the husband ) if in all cases remedilesse and destitute of appeale ; though there bee more bonds of duty , and awe , to restraine her from being injurious , disobedient and unnaturall to her husband , then to withhold her husband from abasing his authority , ( and this ought rather to exempt her , then him ) yet in this case , for him there is no controll , and for her there is no redresse . fourthly , there is no mention precept or precedent in scripture , to countenance any coertion of this nature , unlesse we will call that of divorce and repudiation so ; and that also seemes discountenanced by our saviour , except in case of adultery . fifthly , we see in all nations the power of husbands is regulated by the publick civill power ; which if it were from nature , before civill power it could not justly be repealed , nor merit to bee altered . contra jus naturale , non valet dispositio humana . when vashti the emperesse would not submit to the command of him who was both her husband and prince , a law was made to punish that contempt , and the like offences , and till that law was made , it was not thought fit that the jurisdiction either or husband or prince should be exercised against her . t is sufficient therefore that nature teaches wives to look upon their husbands interests , as their own , and their persons as themselves ; and to acknowledge them their lords , as god has indued them with more majestie , strength , and noble parts : and to be submisse as they were created of and for men : and if then nature prevails not , recourse must be had to an impartiall judicature , where either party may be indifferently heard : for there is no more justice intended to the one , then to the other , nor can injustice be more feared from the one , then the other . so much concerning maritall power , and to shew that nothing can be rightly extracted out of it , for the licensing of arbitrary rule in the state . wherefore i passe to paternall power . the second species of power which succeeded in the world , was that which parents have over their children : and this also we conceive to exceed meer order , but not to equall jurisdiction , or at least absolute jurisdiction ; for these reasons : first , because t is apparent , that in the family the power of the mother does participate with the power of the father , and by its mixture and co-ordination cannot but be some qualification to its rigour . secondly , take children before they are of maturity , and there needs no other scepter , but a twig to awe them ; and take them to be of full age , and then they spread into families themselves , and rise to the same command in their own houses , as they were subject to in their fathers . it were unjust also that parents should claime any jurisdiction to hold their children from marriage , or to usurp so over them after marriage , as they may not command in the same manner , as they are , or were themselves commanded . thirdly , nature with a very strong instinct breaks the force of paternall empire , by turning the current of affection rather from the father to the son , than from the son to the father : it rather makes the father , which is the root , convey sap to the son , which is the branch , than on the contrary : and therefore the naturall end of the father , is not his own good only , but his whole families , ( according to aristotle ) whereas , take him in the notion of a master , and so he regards his own good in the first place , and his servants in the second , only as it conduces to his . fourthly , if parents had an absolute jurisdiction over their children , even to life and death ; then children , which in the eye of policie , are sometimes many in number , and of more publike value then their parents , might be opprest without all meanes of remedie : and this may prove mischievous and unequall , and not fit to be referred to natures intention . fifthly , in all civill countries , where government is established , there are lawes to over-rule parents as well as children , and to provide for the safetie of children as well as parents : and where no government is yet established , there is no president of such jurisdiction . upon the murther of abel , if the right of a father had intitled adam to the same power , as the right of a prince useth to doe , adam ought to have arraigned cain at his bar , and to have required blood for blood . but we do not find that adam did claim any such power , or sin , in not claiming it : we find rather that the whole stock of mankinde then living , were the judges that cain feared : and there is reason why they should be more competent for such a tryall then the father himselfe . when there were no kings , no judges in israel , the people by common consent did rise up to vindicate common trespasses ; and god so required it at their hands . but if judgement should be left to parents only , much injustice might be expected from them , which is not so much to be feared from the people not yet associated : for the offence of the son is either against the father , or some other : if against the father , then is he judge in his own case ; and that is dangerous ; the father may be partiall to himselfe : if against another , then the father is a stranger to the plaintiffe , not to the defendant : and that is more dangerous , in regard that partialitie is more to be feared . the paternal right of adam might better qualifie him for rule , whilst he lived only amongst his own descendents , than any other pretence could any other particular person amongst his descendents : but it did only qualifie , not actually constitute : and since adams death , none but noah could pretend to the same qualification . the right of fathers is now in all fathers equall ; and if we doe not grant , that it is now emerged or made subordinate in all great associated bodies , by that common authoritie which extends over all , we must make it incompatible with common authoritie . 't is true , bodin is very zealous for paternall empire ; and he conceives , that the publique courts of justice would not be so full of suites , if this domesticall jurisdiction were not too far eclipsed thereby . but 't is well answered , that bodin , in this , doth not aime at the totall cure of contention in the state : his only ambition is , to ease the publique courts , and to fill private houses with more vexations and unnaturall contestations . the romane law was very rigid against children ; and bodin supposes that law was grounded upon the law of nature : but we know it never was received in all nations , neither is it now in force almost in any nation : and whereas bodin appeales to gods law , deut. . we desire no better determination ; for the very words of the law there , give the definitive sentence to the elders , and the execution to the whole city : the parent hath no part , but that of the witnesse , left to him ; neither indeed can any man be thought more unfit either to judge , or to execute , nay , or to be a spectator of the rebellious executed son , than the father himselfe . civilitie hath now so far prevailed even in the imperiall law it selfe , that parents may not causelesly abdicate or dis-inherit children ; nor is that held a good testament , wherein the sons name is totally omitted ; nor if ingratitude , or disobedience , or any other cause be alleadged against the son , is the father left solely to his own judgement in that cause . we doe allow , that parents are gods to their children , and may challenge great pietie from them ; and that , in nature , their offices of kindnesse are of grace , and not of duty ; whereas no office of the child is of grace , but of meere duty : yet this destroyes not law , or the interposition of publique authoritie . the fathers right in the son , is not so great as is the countries . cicero saith very well , patria una omnium charitates complectitur . the father therefore must not use his inferior right to the prejudice of a higher . nay , the father is not only restrained by law from acts of injustice , the same being in him more to be detested than in a stranger : but he is of duty to perform all such pious offices also , as the infirme condition of children stand in continuall need of . and this duty , though the child cannot challenge as proportionable to any merit in him , yet the state shall injoyne as necessary , and righteous , and altogether indispensable . nay , suppose our crown escheated , or suppose any body of men not yet associated ; yet still we maintain , the father ( not as animal sociatum , but only as animal sociale ) owes a preservation of his issue , for the common good of mankinde ; and cannot deny payment of the same , without great injustice to humane nature . we may conclude then , that this paternall rule being so far divided and limited in point of losse of life , libertie , or other properties , wherein there is a rivaltie or concurrence of a common interest : and so far clogged with pious duties and tender respects , will be very unapt to lend any testimonie for rigorous , boysterous prerogatives in princes . the next kind of power visible in the world , was fraternall : for the father being dead , the eldest son is supposed by some to have inherited his dominion , or at least to have attained to some superioritie over his younger brethren . much might be said to prove , that fathers did not transmit all their power to their eldest sons ; for so there had remained but one monarch in the world : and the story of abraham and lot sufficiently disproves this fond dreame . but take it for granted , and yet the same answers which make conditionate the power of the father , must in the same manner be applied to the power of the brother . philosophie tells , that the cement betwixt brother and brother , is in some respects more knitting than any other whatsoever : for the cement of love betwixt husband and wife , is equall , but not naturall ; the cement betwixt father and son is naturall , yet not equall ; but the obliging power of amitie betwixt brother and brother , is both equall and naturall : and this is no sure preparation for superioritie . majestas & amor non bene ●onveniunt . and therefore 't will be superfluous to answer any farther to this point . our next transition then will be from fraternall power to that of masters or lords , which from the greek we terme despoticall , from the latine , herile . this power gives the lord an absolute , arbitrarie interest in the slave ; and it cannot be called jurisdiction , because it proposeth no ends of justice in it selfe . a slave ( according to aristotle ) is he , who is so wholly his lords , as that he hath no propertie remaining in himselfe : he only lives , or hath a being to his lord ; but is as dead , nay nothing to himself . whatsoever may be acquired by him . whatsoever may accrue any other way to him , it rests immediately in his lord : and his person , his life , all that nature hath endowed him withall , is so his lords , that at discretion he may be beaten , tortured , killed , or libidinously used , &c. his very lord is not called his , as he is called his lords : for he is his lords absolute possession , as a horse , or any reall or personall chattell is : but his lord is his , only secundum quid , as he beares rule over him : in all other things the lord retaines his own state , person , libertie and right ; neither doth he refer to the slave , but in a limited respect . hereupon it is much controverted , whether servitude be agreeable to nature , or no ? and as naturalists doe generally hold it affirmative ; so our civilians are strong for the negative . wherefore for the stating of this , we must know , that servitude is largely taken by aristotle , and not distinguished from order in nature , or that power which man hath over sensitive and vegetable things , or that jurisdiction which intends publique good , and the distributing to every man that which is his own . this caused that error . we must understand also , that when lawyers maintaine all men to have been equall by nature , and free ; their meaning is , that no violent , noxious , unvoluntarie inequalitie , or restraint , had its introduction from nature . so the true question is but this ; whether that power of a lord , which is unlimited , over his slave , be in any kind profitable for the slave , good for the state , or expedient for mankinde , or no ? if it be , it may have a foundation in nature ; if not , it is otherwise . and whereas aristotle presupposes , that there are some men so servile by nature , and so nearely approaching to bruit beasts , that they cannot governe themselves , nor live but by the soules of other men : we may not reject this , yet wholly reject dominicall-power notwithstanding . for first , that dominicall-power which we oppose , is unnaturall ; it is such , as has no eye at all upon the good or conservation of the slave , or at least , none but secundary ; the very definition of it leaves the slave utterly disinherited of himself , and subject to his masters sole ends : now that which tends not to the preservation , is not naturall , but violent , and consequently , to be abhorred . secondly , there can be no condition of man so servile or brutish , as to require an arbitrary subjection : nature has not exposed infants to this rigour , no nor beasts , and therefore much lesse any that have a larger use of reason : this condition does make government absolutely necessary ; but absolute government it does not prove so much as expedient . thirdly , if this condition did justifie dominicall-rule as to that respect , yet this justifies it not generally , and as the world has ever hitherto used it , and as it is commonly understood : no generous minde , no knowing man , no polititian ought to be mancipated by this ground ; and yet we know well , slavery hitherto has observed no such distinction in the world . fourthly , servile government does not onely shew it self iniurious and violent in devesting the propriety of those which are subjected to it , but also the more publike and sublime propriety ; which the common-wealth , the society of mankinde , nay god himself has in the parties enslaved . if the lord may destroy his slave at pleasure , then he may destroy that , which in part is belonging to another : then the condition of a slave is worse than of a beast , or any inanimate cattels ; and this is most unnaturall , and publikely detrimentall . sic utere tuo , ne noceas alieno : sic utere privato , ne noceas publico . these are maximes that restrain men from the abuse of any other things ; nay , by these rules , no man may abuse himself : yet these restrain not from abusing slaves ; these deny not , but a lord may have a more confined power over his slave , than he has over himself . seneca would not admit , that the masters right in the slave should derogate from the right of himself in himself , much lesse of others ; therefore doth he most admirably expostulate , thus : servi sunt ? imò homines . servi sunt ? imò contubernales . servi sunt ? imò humiles amici . servi sunt ? imò conservi . his conclusion is , cum in servum omnia liceant , est aliquid quod in hominem licere communius velit . here is a difference observed between the nature of the servant and the nature of the man : if thou may'st tyrannize over him as he is thy servant , yet thou may'st not as he is man : if the misery of one capacity have exposed him to thy cruelty , the priviledge of the other capacity ought to recommend him to thy favour : if the more base relation of servant entitle thee to domineer , yet the more noble relation of man checks the insolence of that title . fifthly , arbitrary government does not onely rob slaves of that naturall interest which they have in themselves , and states of their publike interests which they have both above lords and slaves ; but it is often a very strong incentive to cause an abuse of that usurped interest . the story of vedius pollio may make this good , and suffice instead of thousands that might be produced . this pollio had a pond stored with lampries ; and as he kept the lampries for his own food , so his wicked use was to cast the bodies of men into the pond , to feed the lampries . augustus the emperour came by chance as a guest to his house ; and , during the entertaiment , a crystal-glasse was broken by one of his slaves that attended . the slave knowing his lords cruelty , and fearing to be thrown into the lamprie-pool , and so made to die an unnaturall prey to fishes , fell at the feet of augustus , not supplicating for life , but some other manner of death , lesse to be abominated . the emperour , moved with compassion , became an interceder for his pardon ; and not prevailing , in abhorrence of that bloody monster , commanded the slave to be dismist , the pond to be filled up with earth , and all the rest of pollio's crystal-glasses to be broken instantly , for prevention of the like disasters . there was much grace in this ; but there had been far more , if he had dismist all the slaves in rome for the same reason , or so curbed the power of the lords , that they might not have been any longer incited thereby to such prodigious degrees of inhumanity . by the same reason also , as this unbridled license make lords more insulting , it makes those that are insulted over the more vindicatives , false , and dangerous . many horrid stories might be produced , to prove , that the cruelty of lords has always been retalliated with infidelity , hatred and desperate revenge of slaves . but some will say , slaves have been very usefull to some states ; and there are experiments , that slavery itself has been beneficiall to thousonds of slaves themselves : and it is known to all , that in the first dilatation of christianity , when slaves were every where discharged for the honour of religion , the world became full of beggars : and though hospitals and alms-houses exceedingly encreased , yet it was too little to keep many from starving , and begging up and down . hereupon , the emperour valens was compelled , by his edict , to recall into slavery again all such as had begged from door to door , and for want of industry or ingenuity could not provide for their own sustenance , and so declared themselves uncapable of the benefit of liberty . to this i make answer thus : first , slaves in all countreys and in all ages have not been treated alike : and it is manifest , that in such countreys and times , wherein they have been protected against extremity of rigour by courteous laws , they have been of some private use : but when they have been too numerous , and when they have been governed with cruelty , they have been publikely fatall , for the most part . let bodin speak to this point . secondly , where slaves are under the protection of other laws than their lords wills , and where they are truely parts and members of the state , and so regarded ; they cease to be slaves , according to our aforesaid definition . thirdly , a confused enlarging of slaves at the same instant of time , and dismission from all domesticall rule , might be prejudiciall in the infancy of religion ; but the altering of domestick rule , or changing the same from arbitrary to legall , from despoticall to paternall , and that for some certain space of time , could have bred no inconvenience : for if the meer restoring of men to a right in themselves , and a common and reciprocall right in the state , could make them uncapable of subsisting , this would extend to all nations and times ; whereas we know , we see , we daily try the contrary every where . but it will be further said , if nature it self has no ways recommended this arbitrary power over slaves ; yet the laws of nations , or municipall laws do justly permit the same . this , if it be granted , does nothing at all invalidate any thing by me undertaken : yet , for further satisfaction herein also , it is to be observed , first , that god , by his law against murther , oppression , &c. excepts not slaves more then freemen : that he equally hates sin in freemen , and rewards vertue in slaves : that he has care of slaves equally as of freemen ; and extends the price of christs blood equally to both : and in levit. . his law is peremptorily to the jews , that none of that nation shall be in bondage , or serve instar mancipii ; sed ut mercenarius , aut hospes : nay , even mercenary servants were to be set free , and to return to their kinred , and liberty with all their goods and family , vertente jubelaeo : nay , the canaanites and heathens , whom god had designed to extirpation , yet might not remain in slavery , after they did embrace the true religion ; then there was the same law to the jew and to the proselyte : the apostle is clear in this , omnes unum sunt in christo . whether they be jews or greeks , bond or free , &c. and if saint paul does perswade servants , not to withdraw themselves from their masters after conversion to christianity ; but remain under the yoke , and to honour and obey their masters : ne nomen dei , & doctrina male propter ipsorum iniquam pertinaciam audeat . this commends not at all the condition of slaves ; it onely tolerates it so far , as that where it is established by publike authority , it may not be repealed by private persons . yet we read of no slavery , till it was denounced to chams posterity , as a curse by god ; neither may we impute the sin of that slavery which ensued upon that curse , to god , as the proper and immediate cause thereof . secondly , as there is no difference of slaves and freemen before god , so neither is there in nature : slaves are men as much as their lords ; they have the same endowments of minde , the same ability of body ; they are born with the same danger , and exposed to the same miseries . thirdly , in the state , if liberty be a benefit , and may be publikely more usefull then bondage , the liberty of the servant ought to be as precious , and is of as much publike importance as the lords : nay , it often happens , that the servant has more naturall ingenuity then the master . fourthly , if we have respect to meer usage , and the custom of nations , we shall finde , that the extreme rigour of arbitrary servitude was scarce ever entertained by any , but barbarous people ; nay amongst barbarians , scarce any would inslave natives , or such as they thought of the true religion , or such as had not some way merited death by the law : scarce any but had asylum , or some other means of refuge for slaves oppressed , and brought almost to desperation : and where too much rigor was used , scarce any but found the desperation of slaves pernitious . tacitus sayes of the germans , that they were so indulgent to slaves , that they were scarce to be called slaves there . and amongst the russians , none but the prince could take away the life of his slave . the athenians allowed by law , that the complaints and suites of slaves should be publikely heard : nay , they provided for plowing oxen , by law , that they should not be abused . cadmus at thebes , and thesius at athens , erected an altar of mercy , for protection of slaves . at rome , the statue of romulus ; at ephesus , the temple of diana served for such mercifull uses ; and almost all nations had the like places for recourse of oppressed captives . the law aquilia and petronia were passed in favour of slaves , and to restraine all crueltie beyond scourging . and augustus , as also many emperors after him , when civilitie began to be illightned by christianitie , began to break the arbitrarie power of lords , and to set bounds to it , as a thing fit to be antiquated for many equitable reasons . as soon as christianitie was established , by law , provision was presently made to free all christians from slaverie and 't is now yeares , and more , since all slaverie amongst christians hath been wholly expulsed , so that there is scarce any name or memory thereof remaining . and this cannot but be attributed partly to piety , partly to equity , and partly to naturall respects . fifthly , if we have respect to law , either we must acknowledge that the commonwealth hath an interest in slaves , or not . if it hath not , what a maime , what a losse is this ? if it hath , how can such mis-improvement thereof be answered to god , or justified in policie ? if it be said , that slaverie may be inflicted as a due punishment not unsutable to naturall reason , or exchanged for death . i answer : my scope is not to prove , that arbitrarie servilitie is at some times , and to some spirits , worse than death : nor doe i wholly bend my selfe against it , as it is inflicted upon any that really deserved death , i shall only thus argue : either condemnation , and sentence of slavery passed upon the guilty , doth really put the delinquent into a worse condition than death , or not . if it doth , then it is unjust and excessive . if not , then it reserves something to the delinquent , wherein neither the right of the delinquent , nor the right of the state is wholly lost and relinquished ; and if the delinquent be dead to himselfe , and yet not to others ; then not to the state , more than to the lord ; for how can the state , which hath an interest in the lord , chuse but have an interest in that , which is the interest of the lord ? so much of this kind of power . now we orderly arrive at that power , which is the only intended subject of our discourse ; and that we shall properly call jurisdiction . we have already searched the schooles for the causes of power , both finall and efficient ; we have also ransacked the bosome of nature for all other species of power ; and yet we can find no grounds for absolute rule . we shall now therefore make enquiry for precedents or patternes , such as all ages may furnish us withall . and who now hath any competent share of reason , can suppose , that if god and nature have been so carefull to provide for libertie in families , and in particulars ; that man would introduce , or ought to indure slaverie , when it is introduced upon whole states and generalities . every thing intends its own good and preservation , and therefore when communities fancied to themselves the formes of jurisdiction , we must beleeve that they did not wholly depart from the originals of god and nature , but rather copy out of those formes whatsoever was best and most soveraigne in each . howsoever 't is granted on all sides , that princes and supreme commanders , in all ages and countries , have differed in the latitude of jurisdiction ; some have been more absolute , others lesse . now since this did proceed from divers reasons , and hath produced divers effects ; let this be the subject of our discussion . the nature of man-being depraved by the fall of adam , miseries of all sorts broke in upon us in throngs , together with sin ; insomuch that no creature is now so uncivill and untame , or so unfit either to live with , or without societie , as man . wolves and beares can better live without wolves and beares , then man can without man ; yet neither are wolves nor beares so fell , so hostile , and so destructive to their own kinde , as man is to his . in some respects , man is more estranged from politicall union than devils are : for by reason of naturall disparitie , the reprobate angels continue without dissolution of order , and shun that confusion amongst themselves , which they endeavour to promote amongst men . but amongst men , nothing but cursed enmitie is to be seen . when aristotle sayes , that men doe associate by instict of nature , for ends of honestie , as they are communicative creatures , as well as necessitie and safetie : he rather intimates what we should be , than what we are ; and tells us what we were created , rather than what we are being now lapsed . we must insist upon necessitie therefore , as the main ground and end of policie ; and besides order , and the lawes of god and nature , we must finde out some more particular constitutions , to cement us , and to hold us fast bound together . though the times of adam were not uncouth , as ours now are , yet even then the common consent of mankinde ( that which we now call , jus gentium ) was too slack iand loose a bond , to keep the world from dissipation . whilst the universe was but one intire house , united under one common father , in whom all tyrannous thoughts were contrary to the worst suggestions of nature ; whilst the neare relation of blood was fresh , and unobliterated ; whilst the spacious surface of the earth ( not yet thronged with plantations ) afforded few baites of avarice , or objects of ambition , or grounds of difference betwixt brother and brother ; whilst so many umpites of equall distance in blood , were at hand to interpose , in case any difference did unhappily arise ; the raines of government might hang more loose and easie upon the necks of men . yet even the infancie of the world , we see , required something more than the rod to over-awe it , and some other severer hand than a fathers , to shake that rod : nay , if abel fall by the bloody hand of a murtherer , ( who hath no other provocation given him , but the pietie and devotion of his nearest allie ) little expiation or justice is to be expected from the common assembly of the whole body . how long it was before families did incorporate , and grow up into cities , and cities into states ; and how long it was before cities and states did frame laws , and settle magistrates to enforce those laws , is dimly and obscurely set forth , either in the book of god , or other authors : but we may very well guesse , by the many small petty principalities that we read of in all ancient chronicles , either divine or profane . that regiment in the first ages of the world was rather too milde and finewlesse , than too violent and rigorous : where the territories are narrower , the managery of affairs is the easier ; and where the scepter is more easie to be swayed by the prince , it is more gentle to be born by the people . were it not for fear of forreign infestations , smaller seigniories were best constituted and disposed , for peace and duration : and because they require no large prerogatives , but rest satisfied with little more then paternall power , the people are lesse jealous of their lord , and they , consequently , have the lesse occasion to be harsh to the people . nimrod is registred with the title of a great hunter ; but whether he had that addition given him for enlarging the confines of his dominion , or for acquiring a more unbounded prerogative , or for exercising his power more insolently , is not declared : besides , it is left utterly uncertain , whether nimrod laid his foundation upon force , or consent ; whether he did by his tongue or his sword drive and hunt men out of woods and wilde recesses into towns and cities : for that force by which he did prevail , can hardly be supposed to be it self wholly forced . it is left also as dubious to conjecture , how far consent was left by nature ; for if order , and right of succession , did give the rule according to primogeniture , then all mankinde must have been subjected to one crown ; whereas , if primogeniture were wholly neglected , and every father or brother left independent in his own family , to associate or not at his pleasure , then rule would have been crumbled into atomes . to avoid therefore surmises , and the dark labyrinths of our primative-records before the flood , and immediately following , let us fall lower , upon the story of abraham , moses , david , and such as succeeded them . the people of god , at severall times , were under either several forms , or several degrees of power and jurisdiction : that soveraignty which abraham and the patriarchs had , was not the same as that which moses and the judges had ; neither had moses and the judges the same as saul and the kings ; nor yet had saul and the kings the same as cyrus , and the persian emperours . it is disputed much by some , whether the patriarchs and judges before sauls days had regal-power or no : some say , their power was regal ; others say , it was but aristocraticall : and others ( more judiciously , in my opinion ) say , it was mixt of both . one says , that , after the flood , till nimrods usurpation , men lived under the empire of single commanders , who neverthelesse did not govern as kings , but as fathers : now since this is but the patern which all kings ought to follow , therefore what other meaning can this bear , but that governours in those days , having small territories , did claim but moderate prerogatives , though they were as solely supreme in the state , as fathers are in the families ? as for moses , and the judges also , it is truely said , they were no other then gods vice-roys , in regard they did go forth to battel by immediate commission , and transact many other great affairs by direction from gods own mouth : neverthelesse , this alters the case little or nothing , as to the latitude of their prerogatives ; this rather added than took honour , grandour , or jurisdiction from them ; this left them as sole a sovereignty , and as unbounded over the people , as other princes have who are gods ordinary vice-gerents . it must needs be , therefore , that that case and freedom which the people then found under gods immediate substitutes , was not procured by any further right or law , or from any other indifferent composition of government which they had belowe , from other monarchies ; but from a regulation above ; because it was impossible for their chief lord to oppresse , or do injustice , or to direct his thought to particular ends , contrary to theirs . this shews how impious and stupid a frenzie that was in the israelites , which made them weary of gods headship ; for indeed , they did not so properly create to themselves a new government , as a new governour . we cannot think that saul , being invested with style and state of an ordinary king , and discharged of such an immediate extraordinary dependence upon god , as samuel acknowledged , had thereby any new right granted him , to do wrong , or be oppressive to his subjects : his diadem did not absolve him from the true end of diadems , nor did his meer instalment ( so much against gods will and advertisement ) cancell the law of god , which forbids kings to amasse treasure into their private coffers , or to encrease their cavalries , or to provide extraordinary magazines of arms and munition , or to lift up their hearts above their brethren ; much more to employ their treasure , horses or arms against their subjects . barclay , and our royallists , offer apparant violence to scripture , when they will make god to call the usuall rapine and insolence of kings , jus regis ; whereas indeed , the word in the original signifieth nothing but mos regis , as is plain to all that will look into the same . howsoever , let the prerogative of the jewish kings be taken in its utmost extent , and take the restraint of gods morall law not to be of any politicall efficacie ; yet we shall still perceive , that the very composition of that monarchy was not without qualifications of mixture , and other limitations . the crown , it was setled upon judah , and more particularly , upon the house of david ; yet the peoples election was not thereby wholly drowned : for still , before every coronation , they might assemble to give their votes , and were not necessitated to choose any individuall person in the house of david . it appears also by the story of rehoboam , that the people might capitulate for just munities , and require some obligation for assurance of the same : and in case that was not granted , it was esteemed , and properly it might b● said , that the king did reject the people , and deny protection ; not that the people did reject the king , and deny subjection . next , there was a great colledge and councell of elders , called , the sanhedrin , consisting of princes , who had the hearing and determining of all weighty and intricate suits , unto whom the last appeal lay from inferiour courts ; and the king , without tyranny , could not interrupt or impeach the proceedings of this sanhedrin . if saul will charge david with treason , and , without all legall processe , take arms against him , untried and uncondemned , david may leavie forces of voluntiers against the followers of saul , and stand upon his justification , cum moderamine inculpatae tutelae . wicked ahab stood in so much awe of such kinde of trialls , in the corrupted state of israel , that when he coveted naboths vineyard , he durst not attempt to wrest it away by force , nor did he obtrude upon the court what sentence he pleased ; he was driven to hire perjured villains , and so by fraud to procure an erroneous judgement . it is worthy of notice also , that these elders , or princes of the tribes , who had the supremacie of judgement , were not eligible by the king , and so the more obnoxious to his commands ; but did inherite this dignity ; and for that cause were extirpated by herod , as the main obstacle to his tyrannie . besides , though the children of israel had abandoned god for their chief ruler , yet god , out of his unspeakable grace , did not utterly cast them out of his protection ; but oftentimes did extraordinarily interpose by his prophets , as he had done by princes before , for relief of his inheritance . in behalf of vriah , nathan was sent with a vindicative-message , to bridle davids cruelty : in behalf of the whole nation , groning under solomons ponderous hand , another menacing prophet was dispatched , to represse his impotent pride : and in the behalf of the ten tribes , recoyling from the same pressures under his son rehoboam , a third prophet was sent , to put a hook into his nostrils . lastly , though the jewish kings , by having the militia put into their hands more arbitrarily then the judges had before , obtained greater opportunity , and not right of oppressing their subjects : yet that militia did not consist of strangers or mercenaries , or such souldiers as had no other profession or right in the state ; nor were there constant armies and garisons kept in pay , like those of the romane praetorians , or turkish janizaries . and hence it is , that if saul , in a brutish unnaturall fury , will attempt against the life of his son jonathan , or seek to compasse any other thing subversive to the state , he cannot finde instruments barbarous enough amongst all his sword-men for his black purposes , but he shall presently meet with opposition , and forcible resistance . thus far then , we finde in the world no prints or footsteps of tyrannie , or of absolute royalty , nay , nor of royalty it self , till the peoples cursed ingratitude and folly introduced it : we must go beyond god and natures workmanship and impressions , before we can discover any thing but parentall majestie , or gentle aristocracie , or compounded or mixed monarchie . since therefore it so fared with gods people in point of liberty and safety , out of gods unspeakable favour , under patriarks , judges and kings . now let us enquire how it fared with them under those forraigne emperours , by whom they were subjugated , and made tributary . judea being seated neere the centre of the world , became obnoxious to all the great vi●ssitudes of change which happened to the foure vast over-ruling monarchies . the babylonian or assyrian first , and the persian next , from the east , spread victorious armes almost over all asia . after , from the west successively , both the grecian and roman made irruptions ; and in all these generall periods of empire , the state of the jewes had its sense and share of the calamitie . as for the two first monarchies , there is little in particular recorded , and left to posteritie in writing , concerning their true formes and compositions ; as there can no lawes be produced , by which the subjects had resigned all right of liberty and safety ; so neither can there be any produced , by which they had precisely compounded for the same . some instances only we find mentioned , that the lawes of the medes and persians were unalterable by the prince ; and by this it seemes , that the prime ensigne of majestie , which consists in making and abrogating of lawes , was not residing in the emperour alone , without the great councell of his sages . for if the king could not alter law at his own pleasure , there was some other extrinsecall power circumscribed that pleasure ; and that power must be no other , then the same which made law ; for the true legislative power it selfe can never put fetters or manicles upon it selfe ; howsoever aristotle fancies to himselfe a kind of monarchie which he calls lordly ; and this he placeth betwixt royaltie and tyrannie , making it more unbounded than that of kings , but not so violent as that of tyrants . and this dominicall rule he ascribes to the barbarians rather than unto the grecians ; and amongst barbarians , rather to those of asia , than to the europeans . asia ( it seemes ) being more rich and fertile , bred a people more esseminate and disposed to luxurie , and so by consequence more ignoble , and prone to servilitie . hereupon the asiaticks were ever extreamly despicable in the eyes of more magnanimous nations , especially the greeks , for adoring and postrating themselves with so much devotion before their princes . plutarch , speaking of divers unmanly slavish customs amongst the persians , refers that empire to the kinde of such as are absolute , and equall to tyrannicall . plato calls it , despoticall ; and aristotle says , it was then very neer approaching to tyrannicall institution . we may well then imagine . that god , in bringing such a yoke upon the necks of his chosen inheritance , did it for their chastisement , and out of his indignation ; not for their advantage , and out of his wonted loving kindnesse . as for the grecian empire , we know , alexander becoming instated with successe , and tainted with the luxury of persia , soon began to degenerate from the moderation of his own native countrey , and those politicall rudiments which his tutour aristotle had seasoned him withall : and we read how exceeding fatall it proved : he and his empire both perhaps had been longer liv'd , if he had not rendred himself odious , first to callisthenes , by his insolence ; and to all other men afterwards , for his cruelty to callisthenes . this justly administers here an occasion to us , to insist a little upon great monarchies , in that notion onely as they are great . alexander king of persia , had no more right added to be insolent , than had alexander king of macedonia ; but greatnesse of dominion did alter him for the worse : and since it doth so usually other princes , we cannot but take notice how this comes to passe ; for either the largenesse of dominion doth require a proportionable prerogative , and so enable princes to do greater mischief , and after by accident becomes a temptation and provocation to abuse that ability ; or else we must not confesse that there is any difference , in this respect , betwixt a large and narrow dominion . now that there is a great difference , is so clear , that i will not undertake any proof of it . the scripture ever , speaking of the great monarchies of the world , pensils them under the lineaments of lions , bears , eagles , &c. armed for rapine with iron-teeth , brazen-talons , and sharp horns , &c. and the wofull experience of all ages seconds scripture therein , testifying them to be monstrous excessives in nature , and the perpetuall plagues of mankinde . yet let not me be taxed to condemn all excessive monarchies , as utterly unlawfull : for , though i doubt much , whether ever any one of them were at first justly purchased , or after by any one man rightly administred , without tyranny ; yet i conceive neither of these things totally impossible ; and so i will passe no judgement thereupon . howsoever , nature seems to have chalked out the just dimensions of a compleat monarchie , by mountains , seas , or other lines : spain , italy , france , &c. seems to be cut out as proportionable paterns : and few nations have ever prospered , when their pride had transported them beyond their native barricado's . hannibal , after seventeen yeers war waged with the romanes for the mastery of the world , at last sought a composition , in humble terms , from scipio ; and ●lamed that dangerous fond competition , which had either engaged the carthaginians beyond the coasts of affrica , or the romanes beyond the coasts of italy : but alas , it is ill successe that opens the eyes of hannibal . hanno was before held his bitter enemy , and disaffected to his countreys prosperity , for seeking an honourable peace with the romanes , and preventing the mischiefs of an over-swelling empire : yet by the way note , in the mean time carthage is lost , by an unpolitike and uncertain indifferency , whilest it will neither wholly desist from attempting against forreign states , nor yet wholly concur with such couragious generals as it entrusted with those attempts : either hanno ought to have been silenced , or hannibal recalled : the victories of hannibal are too glorious , to admit of a straitned commission : things are now come to that passe , that , if hannibal be not enabled to scale the walls of rome , scipio is to be expected at the gates of carthage . great bodies cannot be moved , but with great engines ; nor can extensive monarchies be erected or conserved , without extensive prerogatives : gravity and policie both , do in this keep a just correspondency . a moliminous vast frame , can by no means rise into a decent symmetricall pile , except there be an orderly proportion kept between the basis , the conus and the pyramis : if the basis be excessive , what is it but a deformed heap ? if the bottom be too narrow for the spire , how unstable is the fabrick likely to be . the egyptian pyramids had , perhaps , intention to expresse hieroglyphicall politikes to us , and to let us know , that though small states may be molded almost into any form ; yet great heights cannot be arrived at , but by orderly graduall ascents . at athens , sparta , thebes , pella , where the precincts are narrow , the government is easie ; decencie requires that it be as lowly : but in the magnificent court of persia , where the crown is more glorious , the scepter must be more ponderous : where the spire is more lofty , the proportion of the conus and basis must answer thereto : where rule is more difficult , the ruler must be more majesticall . this lets us see how inconsiderate that great dispute is , amongst polititians , about the comparisons of this and that form of government , viz. whether monarchie , or democracie , or aristocracie , be to be preferred amongst men : for , without doubt , the difference is not so much to be seen in the forms themselves , as in the states , which make choice of those forms . but you will say , mighty sovereigns may be enabled , as to all that is good ; yet restrained by law , from all that is evil : or , if the law of man cannot , externally ; yet the law of god , internally , may check them in matters wicked and pernitious . we answer ; bounds are set , by god and nature , to the greatest and most absolute monarchs , as well as to the least , and most conditionate : but those bounds seem but as imaginary lines , or as meer stones , not reall trenches , or fortifications : they serve onely to discover to the subject what his right is , but they have no strength at all to protect him from wrong those slaves that are sold , and forfeited to the worst of bondages , as we have proved before , have a divine and naturall claim to safety , and freedom from abuses , as other subjects have ; yet want of some politicall remedy , exposeth them to miseries far worse then death , and detrudes them often into a condition below beasts . the same slaves also are equally intitled to their lords courtesie , as the best of subjects are : there is no safety nor freedom from abuse which depends upon meer will , as an arbitrary power , but the poorest slave is as capable of it as the freest subject . nay , it hath been often a glory to weak princes , to attribute that to slaves , which they would not to men ingenuously born : for , who had offices of great command ? who had chief honours ? who had the communication of secret state-affairs ? who had the prime sway in court amongst the romane emperours , but slaves infranchised ? what senatour , what officer in rome had riches equall to narcissus , or pallas ▪ who could more powerfully sway in the palace , or better patronize cities and nations , than eunuchs , grooms and libertines ? if there be any difference then betwixt the most ingenuously-born subject and the lowest-purchased caitiff , it is onely in this , that the one hath a stronger circumvallation of humane policy to secure him , than the other ; and that he is not left so meerly to divine , naturall and discretionary pretences , as is the other . but in wide expansive seigniories , no law , no policie can sufficiently intrench or immure it self : for , if the prince be bad , he hath the more opportunity to do mischief ; if he be good , he hath yet the lesse power to govern well . it is almost a miracle , to see a great monarch good : and if he be , it is more miraculous , to see him upon the receipt of appeals , and other addresses ( as often as occasion shall require ) from remote parts , to distinguish truth and falshood , or to sift the bran from the flour so neerly as it ought to be . mark how solomon begs wisedom of god , that he may be able to go in and out before the nation of the jews : mark how great a charge he makes that little inconsiderable state to be . it was more than naturall , that augustus ( though a pagan-phoenix ) should ever know what peace was , over all his dominions : that little space of halcyonian tranquility which the world enjoy'd during some part of his reign , is in verity more to be ascribed to the cradle of christ , than to his throne . change then the scene , and see how the face of things varies : assoon as tiberius enters , see how the head of so many severall legions , of so many severall nations , of so many severall parties in religion and opinion , of so many severall disagreeing magistrates and commanders , can be reduced to order , or forced to do reason , by any one faction framed out of all these . more need not be said : where many states are subjugated to one seignior , war can never be absent ; where war is , military rule must needs predominate ; where military rule is , law must needs give place to discretion ; and what that bloody fatall train is , which ever attends war and a military arbitrary empire , is sufficiently known to all . what gain then is it to our adversaries , to alleadge , that alexander , or any of the eastern emperours did what they pleased , and ruled always uncontrolled ? this is no more but to alleadge , that the persians were first conquered by the grecians , and that after the grecians were poised by the persians , and that the division and enmity which remained betwixt both , served the prince as a sit means to enthrall both . this is no just proof in law , that the macedonians were to undergo thraldome and servitude , because they had over-run the east ; or that the east was to stoop to the like endurance , because it could not withstand grecia : nor if alexander did de facto tyrannize , cutting the diamond ( as it were ) by the powder of the diamond , is this any stronger argument for the legality of tyrannizing , than dethroning or murdering of him had been for the justification of the same in his subjects . a facto adjus non datur consequentia . when meer force lays the foundation of soveraignty , and where meer force raises up the structure , meer force may with the same equality and reason effect the demolition of the same . it is true , zedekiah being bound by oath to the babylonian conquerour to remain a true vassal , and being forbidden to make defection , by an expresse from heaven ; and undertaking the same at an unseasonable time , by improbable means , commits the sin of rebellion : but we see one of the successours of alexander , acting the bloody part of a tyrant in judea , is not onely resisted by judas maccabeus , but quite expelled : and we see that right which the sword of a stranger had acquired , was more honourably rescinded by the sword of a native . neither doth god not seem onely to countenance that revolt in the jews , but to reward also the principall agent therein , by transferring the diadem from the grecian race , to him and his posterity . the story of eglon also may serve for an instance of the same truth : and who can now look upon all those goodly provinces and kingdoms which the grand seigniors scepter hath for so many ages converted into theatres of slavery , beggery , barbarism and desolalation , and yet hold that they are no ways redeemable from that scepter ? who can say , that all those wofull nations , or rather , the starved skeletons of nations , if opportunity were offered , might not by consent abjure their feral , sanguinary oppressour , and choose to themselves severall protectours out of their own native territories ? but the strength of custom and prescription , is still by some magnified , and in the worst of empires made the ordinance of god , and as valid as any other divine right or title . i have seen a whole volume , written to that purpose , yet the answer thereof may lye ( in my opinion ) in a very narrow room ; for if custome may make that necessary which was indifferent , yet it cannot make that just which was unjust , if it may change the mode , or externall forme of some things , it cannot change the nature or internall forme of all things . for example , if the grecian line have raigned in persia for so many generations , prescription may have vigour enough to confirme that raigne : but if the macedonians have raigned tyrannicaly ; to the dis-inheriting and despoiling the persians of their due freedome , meere usage can give no ratification at all to this tyrannicall raigne . but soft of this enough : i descend now to the roman story , and to the times of christs nativity , and such as are successive thereunto . hitherto our inquisition hath met with no sufficient rule , precedent , or authority , for arbitrary power ; neither nature nor history from the creation to the redemption afford us any vestigia of it . wheresoever god had a church whosoever were the governours of it , whether patriarks , judges , kings , emperours , we have made a strict survey , and as yet discover no empire so uncircumscribed , and absolved from laws , as our adversaries contend for , and as for those nations which were meerely pagan , their chronicles are very uncertaine , and scarce worth turning over : i know our royalists will now challenge us to prove by what particular lawes , liberty was secured , and the hands of princes bound up in all ages , but we must reply , that this is more than reason or equity will require at our hands ; if they will maintaine , that the part is better than the whole : if they will maintaine , that the effect is more potent then the efficient : if they will maintaine , that the meanes is more valuable than the end : their proofes ought to be positive , and full against us , we are on the defensive part onely , and do convince , if we are not convinced . t is not sufficient for them to say , such a nation was slavishly treated de facto , they must prove , that there was cleer law for that treatance : nay they must produce such a cleer law as extends to all nations . t is not sufficient for them to say ; such a nation submitted themselves to monarchy , without any precise conditions made for liberty , and much lesse without any such now remaining extant upon record . they must prove there was cleer law for abjuring liberty , and that the force of the same is universall , and agreeable to that of god and nature : but the main shelf-anchor of our adversaries is that of the apostle in his . chap. to the romans , there all resistance to the higher power is forbidden , and pronounced all damnable , and t is all one ( they say ) to be irresistable , and to be absolute . now i beleeve all that is in the book of god and nature to be expressed for the right of princes , is there compendiously infolded . since then this was written in the infancy of the gospell , and during the raigne of caesar , and was directed to the romans , not without particular respect ( as doctor fern conceives ) that the government , which was supereminent , or supream at rome ; we will take it into more speciall consideration . the primate of ireland in his sermon upon this text , preached at oxford , march . . delivers it for a sure doctrine , ( and there is scarce any other divinity known now there ) that no subject may upon any occasion take armes , or use violence against the supream power , no not in defence of religion : now this doth much scandalize us for divers reasons . for first , when he speaks of the supream power , he doth not define that which he meanes it to be ; he takes no notice , how supremacy of power may vest in one man , as to one purpose ; in another , as to another : how it may vest in the people , as to some affaires , in the prince as to others . the body is not so the subject of the seeing faculty as the eye is , yet it cannot be denyed to be so in some sense . the prince of orange is supreame in military commands especially in reference to all individuall persons : but he is not so in all other expedients , nor in matters of the militia neither , if you compare him with the whole state . grotius affirmes supream power to be such : cujus actus alterius juri non subsunt , ita ut alterius voluntati humanae arbitrio irriti possent reddi ; if then caesar was that supreame power at rome , which the primate intended , he ought to have portrayed him according to this definition ; he ought to have armed him with power beyond all the lawes and rights of rome ; such as could not , or ought not to be frustrated by any other right or power of the senate and people of rome in any case whatsoever . secondly , when he speaks of the supreame power , he doth not at all discriminate the person of the soveraigne prince , from the persons of those which are imployed onely as instruments under the soveraigne prince . now we conceive , if there had been true candor and ingenuity in this learned prelate , he would have shewed a little learning in this , which we hold to be exceedingly necessary to be distinguished , and he knows we insist much upon . thirdly , when he speaks of subjects he doth not take notice of any difference amongst them , neither in freedomes and immunities , he doth not declare the roman subjects and the english , or the english and the venetian , to be a like obnoxious to the will of an absolute lord , neither doth he declare the contrary . now since he thus preaches at this time , we must needs condemn him , either of great hypocricy , or of great folly ; for if he did intend that the whole people and senate of rome , had no title to assemble , nor right to defend themselves , and therefore that the parliament of england had no more title then the romans , we say he did manifestly offer violence to his text , if he did not intend so : yet since he was no more carefull at such a time , and before such an assembly to interpret himself for the avoyding of dangerous misprisions , we say he had not such circumspection as he ought . fourthly , when he speaks of the occasions of taking up armes and using resistance against powers , he seemes to allow of no degrees at all : if religion be to be subverted , if the ruine of the prince himself , or of his whole kingdome be attempted , if the attemptors proceed ad infinitum , yet in all cases ( for ought he distinguishes ) resistance is alike unlawfull , and altogether as damnable , as if the mischiefe were not publikely considerable . this tenet seemes to us horrid , unnaturall , and against the light of all mens reason : for hereby it is plainely averred , that either government was erected for subversive ends , or else that generall subversion may conduce to salutiferous ends . in cases of obedience a difference of command is to be observed : all commands are not alike ; binding and potestative , but in case of resistance all acts of the prince are taken to be equally authoritative . if saul command doeg to kill the priests of the lord ; doeg may receive that as a void command ; but if doeg do wickedly draw his sword upon the priests , this violence proceeds from so unquestionable a warrant , that it may not be repulsed with violence . our adversaries sometimes when we dispute rationally , will acknowledge our grounds to be very plausible , ( this is very dr. fern himselfe ) but say they ; scripture is clearely against all limits of monarchy , and scripture is to be adhered to rather then reason . neverthelesse when wee submit our selves to the ballance of the sanctuary , and when they see the letter and immediate sence thereof does not come home to our particular differences , then they are faine to retreat to reason . but their greatest subterfuge is to lurke between scripture and reason , and to remain in a kind of transcient posture , as that they may be confined neither to the one , nor to the other , nor yet to both . if our controversies were in credendis , or about things that did exceed the compasse of humane understanding , scripture might justly be opposed to policy : but when wee are treating of worldly affaires , wee ought to bee very tender how we seek to reconcile that to gods law , which we cannot reconcile to mans equity : or how we make god the author of that constitution which man reaps inconvenience from . but for the present on both sides , we are agreed to adresse our selves to the roman story . rome for the space of two hundred and forty yeares was subject to kings : and some say those kings were absolute : others say with halycarnasseus : populum rom : principio formam reipub : habuisse mixtam ex potestate regia , & optimatum dominatum fuisse constitutum : ultimo verum . regum tarquinio regnum in tirannidem vertere capiente , optimatum dominatum fuisse constitutum . questionlesse , written lawes were wanting at first ( as they are , and ever were to all new foundations ) and in this respect the kings might be said to be more loose from restraints : but this amounts to nothing ; for as the kings by defect of lawes were lesse obliged to the people , so the people by the same defect were lesse obliged to kings : and forasmuch as the people where they were more contracted , and so might more easily correspond , hold intelligence , consult together , ( as in all infant small states they might ) were better able to oppresse the king , then the king was to oppresse them , the meer want of written lawes was no more prejudiciall to the people , then to the king : great moderation therefore was used towards the people by all the kings , only romulus was too harsh to the nobility , and so fell by their hands , and tarquin grew intollerably insolent towards all , and so occasioned the expulsion of himselfe , together with the extirpation of kingly government . the word tyrannus had been made odious all over greece long before , and now the word rex is asmuch abominated , and abjured amongst the romans : so insufferable in all ages were the cruelties , and excesses of lawlesse monarchy . after kings thus driven out , all the rights of majesty were devolved in equity to the whole people of rome , distinguisht then into patritians and plebeians : but the patritians affecting an aristocraticall form , and seeking totally to exclude the plebeians from communion in government , they imbroyled the whole state in continuall warres , and contestations for many ages together : and not being able to support their own weaker , and lesser side lost all by degrees , and brought upon themselves the worst inconveniences of corrupted democracie . for the plebeians having long remained contemptible under the indurance of many indignities by force at first obtained the defence of tribunes , and after so increased the same power , that at last censors , consuls , dictators , all the chief magistrates of rome became subject to their check and sway . and whereas those assemblies managed by the senate which were called curiata comitia , or centuriata had the predominance hitherto , now the tributa comitia managed only by the plebeians draw all power of chusing magistrates , and passing lawes to themselves . quintius therefore blaming the tribunes for not resting satisfied with what they had already gained from the senate , makes this sad complaint . you desired tribunes , ( sayes he ) we granted them ; you would have a decemvirate created , we permitted it . you grew weary of those ten commissioners , we deposed them . your anger was not so pacified against their persons , though most noble , and honourable : we pursued them with death , or banishment . you would againe create new tribunes , they were created . you would have the consulship communicated to your party , as a free gift ; it was conferred upon you , though wee knew that gift was very unequall to our order . you would have the tribune power inlarged , you would have an appeal lye from the senate to you , you would have your plebeian acts binding to the senate , under pretence of dividing power with you , we have indured , and doe yet indure that all our right and share be usurped . it was alleadged also , that even the kings themselves had never attempted to violate the majesty of that supreame order , and that the whole common wealth of rome did consist of something else , besides the meer comminalty , but all will not prevaile : that which was due being once denied , more then is due must be now restored by way of expiation . aristocracy standing in competition with democracy can say no more for it selfe ( nor perhaps so much ) then monarchy can : the senate it self therefore having been accessory in subverting monarchy , had implicitly pronounced the same judgment against aristocracy . the truth is , both monarchy , and aristocracy , are derivative formes , and owe a dependance upon democracy , which though it be not the best , and most exact forme for all nations and empires at all times , yet it is ever the most naturall , and primarily authenticall ; and forsome times , and places the most beneficiall . howsoever the romans never knew the benefit of democracy , so wisely and exactly regulated , as it ought to bee ; for their tributa comitia , were too adverse to the patritian order , and very ill composed in themselves for order and decency . the whole state had not any just influence of consent in them by right of election or representation , nor was that body of plebeians themselves , which did therein concurre to the nomination of magistrates , and sanction of lawes , any thing else commonly but a vast , rude , confused , indigested heap of the vulgar . this the senators might at first have amended , and better disposed , had they undertaken the same , whilest they had superioritie , or equality of power in the state : but in policie t is , as in logick : vno dato absurdo sequuntur mille : little neglects in fundamentall institutions may draw on great mischiefs in the consequence . this time made evident amongst the romanes , for after many and very bloody disputes betwixt the optimacy , and populacy for sundrie ages , at length the bulke of the empire growing too spacious for the rule of the multitude ( especially so tumultuously , and disorderly assembled ) a contrary change begins to be better relished . sylla now observing such a conjuncture of affaires , takes courage to reform this seditious , turbulent ochlocraty ( notwithstanding that many gallant spirited men had perisht before in the enterprise ) and though he pretend for aristocracy , yet his thoughts towre as high as monarchy . florus saies true of him : susceptâ dictaturà rebus novis reipub. statum confirmavit , tribunorumque plebis potestatem minuit , & omne jus legum ferendarum ademit . neverthelesse neither was sylla , nor his favorite pompey so certain and true to his own lordly principles , as he ought to have been : for though they were both more daring then private men , yet they were not so confident as the lords of rome should be : and therefore t is hard to say whether they did oppresse liberty , or not settle the principality with the greater expence of blood . well might caesar deride sylla as a man not skild in letters , nor able to dictate , when he would make no other use of the dictature , but onely to inure rome to the snaflle , and break the senate to the musle , that an other might the readilier mount into the sadle . the body of rome was now grown too grosse for a popular form , and the populacy also of rome had such errors , and defects in the composition of it , that according to the judgement of tacitus , non aliud discor dantis patriae remedium fuit , quam ut ab uno regeretur . t is strange , that augustus should so solemnly take advise of maecenas , and agrippa about the quitting of the empire , after that he had expos'd himself to farre more danger in the winning of it , then possibly could attend the holding of it . for without the advertisement of maecenas , his own easie accesse to the imperiall chaire by the sword might have sufficiently informed him , quod multorum imperium magnitudo rerum ferre non poterat . it had been farre more seasonable ( in my opinion ) if augustus had entred into debate about the manner of government , and had proposed rather , whether a regall prerogative , or something more , or some thing lesse had been fit for that adjustment of time , and other circumstances . the romans had been sworn by brutus upon the ejection of tarquin never to suffer any man to reigne , or to admit of regall power at rome , and perhaps a vain superstition might so farre prevail , as to make the word reigne , and yet not the thing detestable . what then is to be done ? is all supremacy of one man abjured , or onely such a supremacy as tarquin chalenged ? and if the intent of brutus be dubious , who shall determine that , but such as have the same authority now , as brutus then had ? and may bind now , where he did loose ; or loose now , where he did then bind ? but soft ; three things especially touching the imperiall prerogative at rome are now proper for our inquiry : first what power did the caesars use , and assume de facto ? bodin gives just satisfaction to this : for augustus ( sayes he ) though he did craftily dissemble , and seem to settle a colour , and shew of a princely , and not kingly regiment by pretending onely to be captain generall of the military forces , and tribune for the comminalties safetie ; yet having disposed of fourty legions all over the provinces , and reserved three legions about his own person for his own guard : and having placed garrisons in all forts , and places of importance , he did exercise kingly authority though without a scepter , or diadem . his successors also addicted themselves to most cruell tyranny , every one transcending his predecessor in acts of inhumanity , except onely some few of them . the next quaere , then is about the right of this absolute jurisdiction , and upon what law , or commission it was grounded . the lex regia , or the law of majesty ( as cremutius cals it ) did absolve the emperors ab omni legum coactione , as dion expresses it ; the principall vigor of it did consist in this , that it did transferre dictatorian power without limits of time upon them : and the dictature , we know , was legum nexu exoluta . now this is the occasion of some dispute amongst civilians , for they all grant , that no law , or commission could discharge the caesars from the bonds which god , and nature had imposed ; nor from that main dutie which government it self inforces them to . no priviledge can free any magistrate from the obligation of rendring to every one that which is his due ; nor can those primitive rules be annulled which proportion to every one his due ; especially those which proportion to states more then to particulars , and attribute to ends , more then to meanes . it seems therefore to some lawyers , that the force of this royall law is to be restrained onely to forms , and solemnities of such humane constitutions , as might perhaps interpose , and impede the caesars in the execution of their main charge . and though other lawyers do not allow this restriction , yet i conceive it very rational , for even the dictators themselves when they were acquitted of all laws , yet had this law affixed to that very commission which did therefore acquit them , that they should take more care , and might be the better inabled to provide , ne quid detrimenti capeat respub. all things which stood in direct order to that end , for which they had dictatorian power put into their hands , ( viz. the suppressing of such a sedition at home , or the finishing of such a warre abroad , or some other designe ) might lawfully be done , any opposition of particular laws , or formalities notwithstanding . but if the dictator himself did walk excentrically , or contrary to this end , he was not exempted from resistance during his terme of command , nor from giving an account after the expiration of the same . the last thing inquirable into is the date , or commencement of this royall law : and this also is not agreed upon of all sides . arnissaeus will needs referre the time of this law to augustus his reigne : but his reason is exceeding weak : aliàs enim ( saies he ) injusti possessores fuissent tam augustus , quam tiberius , & caeteri regnatricis domus sucsessores , nec leges ferre novas jure potuissent . i shall not stand to answer this , i shall rather herein follow bodin , for that he was not onely a grave statesman , but a learned lawyer also . now in his judgement , and if we may credit his reading , this royall law was first passed in vespasians dayes , and he gives some proofs , and quotes authorities for confirmation of the same . besides others , he cites suetonius , censuring thus of caligula : paerum abfuit quin diadema sumeret , aec speciem prinoipatus in regnum converteret . also of tiberius , he censures thus : faedissima servitute remp. oppressit . he cals his reigne meer tyranny , and oppression . bodin therefore having defined princely government to be either a state of optimacy , or populacy wherein some one has preeminence above all other particular persons , and is called princeps , that is , primus : he concludes that the common-wealth of rome from augustus and his immediate successors , vsque ad flavium vespasianum principatus dicebatur : and he closes all with this , that from the battell of actium , the state of rome was neither popular , nor aristocraticall , nor regall , but mixt of all . by all this we see , that our great irish prelate , when he sends us for st. pauls meaning to the romane empire before vespasians dayes , there to find out what soveraigne power is irresistible ; he sends us not to regall power , more then to aristocraticall , or democraticall . i will therefore put the case stronger against my self : and make it my quaere , what irresistibility is due to domitian after his fathers , and brothers death . and here first , i may except against the royall law it self passed in vespasians time , as not being the compleat voluntary lawfull act both of patritians , and plebeians . for besides that the senate had been now long over-awed , and corrupted many wayes by the acts of the court ; we know the tributa comitia are also totally depraved , and evirtuated by being called out of the field into the palace , insomuch that all liberty of choice and suffrage is lost , to that great convention , and it is now turned into a ridiculous solemnity . wherefore when nero was to be deposed , and all his barbarous acts of inhumanity to be accounted for , no plebiscitum could bee obtained , an act of the senate only was past to declare him an enemy of mankind . but i shall not insist upon this , i shall grant the royall law to be a good law , and enacted in a full assembly of both the states , yet still i shall maintaine , that the law-makers did not passe any thing to vespatian , or his successors , but only in order to the publick good , and safety : nor did they grant away their owne original right , and power in themselves , by granting a fiduciary use and administration of that right , and power to the emperors . the whole body of the law will furnish testimonies to this purpose , that the emperour is not proprietary of his subjects , or hath any interest at all in them to his own use meerely . give me leave to frame a case upon supposition . conceive that the major part of the patritiaens , and plebeians all over the roman empire are converted to the faith of christ : conceive that domitian ( whose claime is by the law past to his father ) hates christianity , and being incited by his south-saying priests , his concubines , and parasiticall libertines to eradicate true religion , and inrich himselfe by the great spoyle of the professors thereof , sets up such an idol , and makes such an edict for the generall adoration thereof , as the persian monarch once did . conceive that the christians , both senators and plebeians petition for their lives , but are rejected , and seeing a number of assasins armed ready to rush upon them , betake themselves to their defence , and rely upon forcible resistance . conceive further that they first acquaint domitian with their resolutions , and thus publish the justice thereof . may it please your sacred imperiall majesty , the peaceable and gentle principles of our pure religion teach us rather to suffer moderate wrongs from private hands , then to offer the least injurious violence to princes . neverthelesse since ( after all our vain supplications ) wee see our selves remorsely designed to a generall massacre , for not obeying you against god : and since you expect , that we should tamely surrender not only out estates , and such other rights as are in our arbitrary disposition , but our lives also , and the gospell it selfe ( of neither whereof wee are masters , at discretion ) for asmuch also , as we being the major part of the state , and virtually that whole community from which you derive your commission , and for whose behoefe alone you are bound to pursue that commission , and not to decline from the maine intendment of it : and whereas further wee have not so totally devested our selves by intrusting you with power , but that we are to give some account to god , and the law if wee oppose not generall subversion wher . wee may , especially we being now farther intituled to defence by the extraordinary law of generall necessity ( of the benefit of which iron law , particular men are not wholly abridged ) we are compelled hereby to protest , and remonstrate to all the world , that we take now up these one just arms only for defence to secure our lives , liberties , and religion , against the bloody emissaries , which indeed from your undue warrant can derive no authority ; and not to bridle any just authority of yours , or to attempt any thing against that idolatrous devotion which hath been hitherto established by law . and because we impute it to the wretched falsities and artifices of calumniators that your majesty is incensed against us , and our religion , and misinformed of our intentions : wee crave leave farther to declare , that we though we are free-men , and not slaves , and have some share in empire it selfe , and are not meer subjects , will yet continue in the same obedience , as our ancestors payd you for peace sake , if we may not be driven to extreamities . and as for our religion , it is no other then a holy blessed law revealed from heaven , prescribed for the good of all immortall , rationall creatures , more beneficiall to princes then paeganisme , and such as without diminution of power you may submit to , and cast down your crowne before . in the like manner also it will concern your imperiall office rather to protect us then those that seek our subversion , as being the greater , and nobler part of the empire , and better devoted to your person , and crowne then they are . neither is it distrust in our owne numbers , forces , or advantages that drawes these lowly , loyall expressions from us , nor is it any doubt in our cause : for christianity dies as much lift up the heart in a just war , as it dies weaken the hands in unjust enterprises ; and the world shall see it is as far from transforming us into ashes , as into woolves . prefer your sacred eares therefore , we pray you , from the sugges●ions of our enemies , and the abusers , who may render us in your thoughts either absolutely disloyall , or hestially servile , and doe usually traduce our religion as being utterly inconsistent either with duty , or magnanimity . let it bee a confutation to them at this present , that we doe neither derogate in this case from your majesties prerogative , nor utterly renounce our owne interests : and yet that we doe rather fore-judge our selves , inasmuch as though we doe not disclaim , yet we forbeare to claime a right of establishing true religion , and abolishing idolatry ; as also of bringing your seducers to condigne punishment . and thus far wee condiscend in all humility for our blessed religions sake , that th●t may be liable to no aspersions , as if it had any causality in this war , and that you may receive in the better apprehension , and relish of the profession from the humble comportment of the professors . it is not in us to set an end to these broyles because we have no prevalence with you to gaine just satisfaction from you , but it is in you without all impediment to quiet our party , in regard that we fight not now for a well being , but a meer being : not that paganisme may be subverted , but that christianity may subsist : all our conditions are intirely in your owne hands , and they speake no more but this , let us have hopes to remaine safe , and you shall have assurances to remain caesar . if his grace of armagh like not this remonstrance , let him frame an answer to it , & in so doing he shall appear a profounder scholer , a more judicious statesman , a more peaceable patriot , a more godly preacher then his last sermon upon the . rom. did shew him . i am sure there is no man that lives in these dayes , can say i have fained an impossible case , especially when he sees two parliaments of two protestant kingdomes driven to petition for their lives to a prince that does acknowledge the truth of the protestant religion , and the priviledges of both parliaments : and the liberties of both kingdomes , and yet brings a third popish kingdome against them ; though traiterously besmear'd in the blood of thousands of protestants , and proclaimed against by the king himselfe , as the most execrable monsters of men . but perhaps our primate will say that the roman law of royalty did extend farther , and that the people thereby did conferre to , and upon the emperour , omne suum imperium & potestatem , and thereupon it was said , omnia poterat imperator , and quicquid principi placebat legis habebat vigorem . i take these to be no parts of the royall law , but only severall glosses , and interpretations of jurists thereupon , yet all these extend no farther then to a perpetuall dictature . for the people could conferre no more on the emperour , then what it had in it selfe ; and no man will say , that the people had any power to destroy it selfe : and what end could the people have ( if that law might bee said to bee the peoples act ) in inslaving themselves , or giving away the propriety of themselves ? where the princes pleasure is entertained for law , it is intended that that pleasure of the prince shall bee naturall , and prudentiall , and that it shall be first regulated by law if not in its formalities , yet in its essentials . grotius tells us of the campanians how they did resigne themselves , and all that they possest in ditionem romanorum : and hee conceives , that by this resignation , they did make the romans their proprietaries . by the favour of grotius , i think there is stronger reason , that no nation yet ever did voluntarily or compulsorily embrace servitude , or intend submission to it : it is more agreeable to nature and sense to expound this word ditio in a mild sense , and to suppose that the campanians did intend to incorporate themselves with the romans , and to live under the same government or dition , and no other ; and not only reason , but the true story makes this good : and evidence of fact , the strongest of proofes puts it out of doubt , that the campanians were not at all differenced in freedome from the citizens of rome themselves . in briefe we may rely upon these assertions . first , there is no certainty of any nations , that ever they so formally did resigne themselves in terms , as the romans , and campanians did here : scarce any story can parallell such particular grants of soveraignty . secondly , if these be expounded mildly , and in favour of publick liberty as they ought , they can create no prejudice at all to those nations which enacted them , or any other . thirdly , if they be expounded in a tortious , unnaturall sense , they are to be damned , and rejected by all people , and they remain no way vigorous , or obligatory in any country whatsoever . if the primate have now recourse to the practise of the christians in the first ages , and urge , that because , they used no arms but tears , and prayers when they were oppressed , wee ought to doe the like : we answer , first , the christians till constantines time in probability were not equall in numbers , and forces , with the pagans , whatsoever tertullian might conceive . secondly , if they were , they wanted other advantages of arms , commands , and other opportunities to free themselves . aug. caesar by fourty legions , and the strength of cittadels , and other places of strength yoked and inthralled fourty times as many in number as those legions ; and so did but purchase fear for fear , making himself as formidable to the people , as the people was to him . thirdly , if they wanted no power , nor advantage , they might want policie to infranchise religion , perhaps they might be tainted with tertullians opinion , who thought it not onely unlawfull to resist tyranny , but also to flie from it . fourthly , history is clear , that in constantines dayes , they did adhere to him being a christian , and fight against licinius being a pagan , and their enemie . and in the reigne of theodosius , such christians as lived in persia , and were there tyrannically and cruelly treated , did incite the romane emperour to undertake their defence against their own naturall lord . let this be sufficient for the romane storie , and for the phanning out of our way such advantages , as the primate , and his fellow royalists may seem there to lay hold of in expounding this text of the . of rom. to our prejudice : our method now hands us to our own laws , and chronicles , let us follow our preacher thither . if st. paul teach us that the supreame power is not to be resisted by any persons meerly inferior , and subordinate : but leaves us no certain rule , whereby to discern what that supreme power is in all countreys : our preacher should do well to let us know what he utters out of his meer text , and what he utters out of his own imagination . barclay , grotius , arnisseus , all our royalists besides are so ingenious , as to acknowledge , that a prince in an aristocracy , or compounded democracie is not so irresistible , as an absolute monarch : nay in monarchy they do acknowledge degrees also . what shall we think then of this prelate , who without proving caesar an absolute monarch , or reducing england to the pattern of rome , or stepping at all out of his text , where neither rome , nor england is mentioned , yet will out of his text condemne both rome and england , and by consequence all other states to the remedilesse servitude of non-resistance ? the emperour of germany is now caesars successor , and not denyed to be the supreme magistrate in that country , in diverse respects : yet the electors , and other princes are in some respect supreame also in their severall territories , and may use resistance against the emperour in some cases . now if our preacher may except germany out of his text , why not england , unlesse he will appeale to something beyond his text ? and if england , why not others ? and if hee except , nor germany , nor england , nor any : nor will refer himselfe to any other authority but his text , which mentions no particulars : let him inlarge his sermon , and be a little more ingenious , and vouchsafe us some account why he is induced thus to confound all formes of government , and to recede from the judgement of all polititians . but soft , what have we to doe with a meer divine ? let the monarchy of england speak for it selfe , let divinity , and law , and policy be admitted into this junto , for that which is to be the subject of this consultation is to be reckoned inter agenda , and not inter credenda . finis . eerata . pag. . l. . r. desire them . p. . l. . r. dramoctidas . p. . l. . dele the . p. . l. . r. commune jus vetet . p. . l. . for death r. slavery . by the king a proclamation forbidding all his majesties subjects belonging to the trained bands of militia of this kingdom, to rise, march, muster, or exercise by vertue of any order or ordinance of one, or both houses of parliament, without consent or warrant from his majesty, upon pain of punishement according to the laws. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the king a proclamation forbidding all his majesties subjects belonging to the trained bands of militia of this kingdom, to rise, march, muster, or exercise by vertue of any order or ordinance of one, or both houses of parliament, without consent or warrant from his majesty, upon pain of punishement according to the laws. england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) imprinted first at york, and now re-printed at london for edward husbands, [london] : may . . reproduction of the original in the british library. eng prerogative, royal -- great britain -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- militia -- early works to . a r (thomason .f. [ ]). civilwar no by the king. a proclamation forbidding all his majesties subjects belonging to the trained bands or militia of this kingdom, to rise, march, england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king . ❧ a proclamation forbidding all his majesties subjects belonging to the trained bands or militia of this kingdom , to rise , march , muster , or eye cise by vertue of any order or ordinance of one , or both houses of parliament , without consent or warrant from his majesty , upon pain of punishment according to the laws . whereas by the statute made in the seventh year of king edward the first , the prelates . earls , barons , and commonalty of the realm affirmed in parliament , that to the king it belongeth , and his part it is by his royall séigniority , straitly to defend wearing of armour , and all other force against the peace , at all times when it shall please him , and to punish them which shall do contrary , according to the laws and vsages of the realm ; and hereunto all subjects are bound to aid the king , as their soveraign lord , at all seasons , when need shall be . and whereas wee understand , that expresly contrary to the said statute , and other good laws of this our kingdom , under colour and pretence of an ordinance of parliament , without our consent , or any commission or warrant from us , the trained bands , and militia of this kingdom have been lately , and are intended to be put in arms , and drawn into companies in a war-like manner , whereby the peace and quiet of our subjects is , or may be disturbed : we being desirous by all gracious and fair admonitions to prevent , that some malignant persons in this our kingdom , do not by degrees seduce our good subjects from their due obedience to us , and the laws of this our kingdom , subtilly endeavouring , by a generall combustion or confusion , to hide their mischievous designes and intentions against the peace of this our kingdom , and under a specious pretence of putting our trained bands into a posture , draw and engage our good subjects in a warlike opposition against us , as our town of hull is already , by the treason of sir iohn hotham , who at first pretended to put a garrison into the same , onely for our security and service . we do therefore by this our proclamation expresly charge and command all our sheriffs , and all colonells , lieutenant-colonels , serjeant majors , captains , officers , and souldiers belonging to the trained bands of this our kingdom , and likewise all high and petty-constables , and other our officers and subjects what soever , upon their allegiance , and as they tender the peace of this our kingdom , not to muster , leavy , raise , or march , or to summon , or warn upon any warrant , order , or ordinance from one , or both our houses of parliament ( whereto we have not , or shall not give our expresse consent ) any of our trained bands , or other forces , to rise , muster , march , or exercise , without expresse warrant under our hand , or warrant from our sheriff of the county , grounded upon a particular writ to that purpose under our great seal . and in case any of our trained bands shall rise , or gather together , contrary to this our command , we shall then call them in due time to a strict account , and proceed legally against them as violaters of the laws , and disturbers of the peace of the kingdom . given at our court at york the seven and twentieth day of may , . ❧ by the king . our will and pleasure is , that the ministers , free-holders , farmers , and substantiall copy-holders of this our county of york , do assemble and meet together at heworth moor , neer our city of york , upon friday in vvhitson week ( according to former summons ) by nine of the clock in the morning . for that vve are informed there are divers fayrs to be kept in this our county the day following , at which time many of them may have necessary occasion to be absent : and therefore , out of our tendernesse and care of our good subjects , vve have thought fit to give this early notice , to the end the said inhabitants may be put to as little prejudice as may be . and this our pleasure vve require to be forthwith printed , and copies thereof to be speedily published and dispersed by the sheriff of this county : for which this shall be sufficient vvarrant . given at our court at york , the seven and twentieth day of may , . imprinted first at york , and now re-printed at london for edward husbands , may . . 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. cotton, robert, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) 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. cotton, robert, sir, - . howell, james, ?- . [ ], p. printed for richard lowndes ..., and matthew gilliflower ..., london : . dedication signed: james howell. consists of 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. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng catholic church -- england. ambassadors. prerogative, royal -- england. wager of battle. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion 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 , . 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 , . nonas april . . 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 . a relation of proceedings against ambassadors who have miscarried themselves , and exceeded their commission . . 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. . that the soveraigns person is required in parliament in all consultations and conclusions . . a discourse of the legality of combats , duells , or camp-fight . . touching the question of precedency between england and spain . . touching the alliances and amity which have interven'd betwixt the houses of austria and england . . a discourse touching popish recusants , jesuits and seminaries . . the manner and means how the kings of england have supported and improv'd their states . . 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 . . the arguments produc'd by the house of commons concerning the priviledge of every free-born subject . . a speech delivered in the house of commons assembled at oxford in the sirst year year of the last king. . a speech delivered before the councell table , touching the alteration of coyn. . valour anatomized in a fancy , by sir philip sidney . . a brief discourse concerning the power of the peers and commons of parliament , in point of judicature . . honesty , ambition and fortitude anatomized , by sir francis walsingham . . 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. . did the like to one of the popes ambassadors ; another flying the realm secretly , fearing , timens pelli sui , as the record saith . edward . 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 . lewis de pratt : ambassador for charles . was commanded to his house , for accusing falsly cardinal wolsey to have practised a breach between hen. . and his master , to make up the amity with the french king ; sir michael throgmorton by charles the . of france , was so served , for being too busie with the prince of condy in his faction . doctor man in the year . 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 . 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 . 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 . 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 , rich. . 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 hen. . to the pope against his legat , and edw. . 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 . london , printed in the year . 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 hen. . 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 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. . 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 . 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 . to consult ad refraenand . scotorum obstinentiam & militiam . before that edward the . 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 . 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 year , de assensu praelatorum procerum & aliorum de consilio , the kings passage into france is resolved of . anno . 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 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 . herein the king for a more quick dispatch willeth the commons to elect . or . 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 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 . year he calleth a parliament to consult whether war or peace by david king of scots then offered , should be accepted ? in the . 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 . 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 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 th 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 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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 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. . wherein the commons , by thomas lovell their speaker , petition the king to take to wife elizabeth daughter to edw. . to which the king at their request agreeth . the next is the third of hen. the . 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 d 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 th 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 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 th is courted for his help by both ; the one with the tye of alliance ( for the infant dolphin had affyed henry the ths 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 th 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 th . 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 th 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 , . 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 . 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 . to neer . 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 . 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 . 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 . ( 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 . 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 of hen. the . 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 of hen. . 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. . 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 , hen. . vvhere the king gave judgement vvas protested against by the lords . that of the duke of clarence of edw. . 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. . 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 . . london ; printed in the year . 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 . 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 e. . and e. . 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. . hastiludere cum willielmo halberton , cum tribus sociis suis apud civitat . carliol . the like did h. . 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 . h. . the form hereof appeareth in the plea rolls , anno . e. . 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. . and h. . all being an inhibition of the norman customes , as appeareth in the th . 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 h. . and 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. . e. . and r. . 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 th . 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. . 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 th 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. . 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 . 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 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 . year of the same queen . collected by robert cotton esquire , at the commandment of her majesty . anno domini . london , printed in the year . 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 . 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 ) . 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 . 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 ) 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 years after christ , in continuance 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 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 . 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 . confirmed by ferdinand and alphonsus . and from james , by the like oath , . 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 , . 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 hen. . 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 . 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 and edw. rot. dunelm . henry the first called a provincial councel , so did canutus and others . no appeal to rome without the kings licence : anno & edw. . inventure of bishops and churchmen , in the kings hand . ex matt. paris & hen. huntington . de gestis pontific . donelm placita . edw. . and in the edw. . 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. . cap. . 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 . . 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. . . they are named filii adoptivi ecclesiae , as the emperour filius primogenitus , and the king of france , filius natu minor : vide platina . . they are accompted among reges super illustres , in this order : imperator , rex franciae , rex angliae & franciae , vide corsettus . . 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 . . 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 . 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 , the commissioners of england did subsign betore the other , and in the treaty of marriage with queen mary , anno those of england are first rehearsed . and at burbrough anno . 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 . 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 . . 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 . . no kingdom held in fee of him . . spain then not remembred one of the sons of the church . . the king of spain placed last after the king of england inter super illustres , by the said corsettus . . 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 years , by ethelbert a christian . 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 years since . for they cannot warrant their discent , from atalaricus the goth , and as dukes of austria from the earls of hapsburgh only about 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 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 . 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. . ) 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. . 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 . 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 th ; 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 , . 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 . 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 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 . 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 . anno domini . 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 . london : printed in the year . 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 . anno . 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 l . of which 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 l. and then an ordinance was made by the king , prince , and all his counsel there named in the roll. the like was anno . when for the charge of house was appointed l. and l . to the city of london , in discharge of the kings debt to them . henry , anno . 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 . henry . 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 . l. and being at such time as he undertook the conquest of france . anno . henry . the revenue of the kingdome amounting to . l. . s. . 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 . anno . . 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 . l. and to his chamber and wardrobe l. the rest to defray the debts and necessary occasions of the state. queen elizabeth anno . at which time besides the wards and dutchy of lancaster the profit of the kingdome was . l. . s. the payments and assignments . l. . s. of which the houshold was . l. privy purse .l . admiralty . l. which by an estimate . may , anno . was . l. and is now swolne to near l . yearly by the errour and abuse of officers . secondly , by abating and reforming the excess , . of houshold . . of retinue and favorites . . of gifts and rewards . first , for abating and reforming the excess of houshold , either , by parliament or councel table . . by parliament . anno . edward . 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 . edward . the houshold was reformed at the petition of the people . anno primo richard . 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 . 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 . henry . the people crave a reformation of the kings house . and anno . 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 markes . annis . & . henry . the charge of the kings house is reduced to a certainty , and lessened by petition and order in parliament . anno . edward . 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 . and likewise henry . wife anno . and henry . wife allowed . l. a year out of her estate . . excess of the houshold abated and reformed by the councel-table . edward . caused his houshold to be certain in allowances , making thereof a book by way of ordinance , which is called aul. regis . henry . 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 . anno . reduced his charge of house to . l. whereof . l. was out of the queens joynture . edw. . 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 . 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 . 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 . 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 . did with his half-brethren the earl of pembroke , and the bishop of winchester , and all the poictons theit followers . thus did edward . 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 . did with the bohemians anno . by an act of parliament at the petition of the people surcharged . thus henry . 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 . richard . 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 . henry , 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 . henry . 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 . 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 . 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 . . 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. . richard . john , and henry . to edward . divers fifteens and tenths for his wars against the scots and welshmen . the subsidie of woolls and other contributions to edward . for his wars : and the like granted to richard . annis . . . so they may be imployed in the wars : and particular treasurers to accompt in parliament . so in the . and . of henry . on the like condition . tunnage and poundage begun the . edward . had hence its original ; and therefore . henry . and . henry . 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 . to henry . was given twelve pence in the pound : and in the . edward . a fifteenth was granted to expel the jews . and anno . richard . 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 . anno . for confirmation of the great charter , for the like anno . was granted . edward . and . edward . and . henry . that the laws may be executed against purveiors . for redress of the agrievances . as in the . edward . 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 , , , . and . richard . the . and . granted the . and . of henry . is upon condition , that the king laid no impositions upon the state. and . edward . 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 . richard . or to enable him out of his own by an act of resumption of lands , offices , annuities . thus did henry . anno . and edward . anno . to . & . by an ordination of the prelates , earles and barons . all grants made by edward . to unwornthy persons , richard . resumed anno primo , and by henry . anno . . all pattents for life or years since . edward . 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 . l. a yeare out of all other annual pensions ratably , leaving the remain , if any , to the pattentees . hen . annis . . . resumeth in england all lands , offices , liberties and grants from annis primo , and the like anno . in ireland . so did edward annis . . . and henry . anno . resumed all grants made by edward . or richard . 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 . anno . in great summes , and the. duke of glocester anno . henry . and the cardinal pawned ws silver vessels for henry . debt . vpon pawn of jewels . thus did henry . anno . 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 . imployed one andevar ad jocalia sua impignoranda . edward . pawned his jewels to the lord beaumont . edward . pawned magnam coronam angliae to sir john wessingham for . years . richard . pawned vasa aurea et diversa jocalia to sir robert knolls . henry . invadiavit tabellam et tresellas suas argenteas de hispania . henry . pawned his great crown to the rich bishop of winchester . henry . to the same man then cardinal pawned many parcels of his jewels in the , . and . 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 . l. to henry . anno . upon security of the customes of london and southampton , the king indenting to turn the course of most trade thither . and henry . anno . and edward . anno . 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 . of henry . there is a roll intituled les nomes de ceux que ont da prester an roy les somnes escrits . the arch-bishop of canterbury lent . marks , the bishop of lincoln as much , the bishop of norwich . l. the bishop of london . markes , the bishop of bath marks , the lord privy seal . l. the clerks of the chancery . markes . particular grants of the subject by lone compulsive . so were the merchants of florence , venice and luke , compelled by an order in councel henry . 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 . henry . divers being enjoyned to attend the councel-table , or else to pay the demanded lone . in the time of henry . anno . 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 . richard , . 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 . and curialitas , by ed . ed. . henry . and henry . confessed to proceed ex spontane voluntate , nec de jure vendicare potest . yet did henry . anno . 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 : 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 . anno . 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 , . lands , . merchandize . . regalities . . 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 . 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 . l. leaving an annual improvement of . 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 . year of the late queen , where the total issue of such certain charge exceeded the receipt of such chances above . l. to the second , if looking upon the several rates of the kings lands , exposed to fee-farm sales , we find some at . other at . years as to the late contracters , and make out of these extreams a medium of the largest . years , and set on the other side the common and current estimate for dead rents . years purchase : we must find , that l. land sold un-improved respectively to the like trebled by a fee-farm , will be . 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 . per annum , a tenure in knight-service by half a fee , and of above . 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 . 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 . until of late dayes laid on the sheriffs of the shire , and all the accounts left to the . 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 , year of henry . by addition of his new revenue of . 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 . henry . . 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 . anno . granted a commission to farm out all such wastes , quod absque iniuria alterius fieri potest . and in anno . 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 . anno . 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 . 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 . trading themselves . . licencing others to trade in commodities , . improving customes . lawful or unlawful . . trading themselves . thus did edward . anno . 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 . anno . with all the tin. and henry . anno . 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 . 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 . 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 . . lawfully , but solely . thus did henry . by approbation of parliament , with all the trade of allome , for two years granted to the merchants of southampton for . . and again for the like sum to those of genoway . . 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 . called then by no better name then maltolt ) and continued until the . year of richard . by divers intermissions , for then i find the last petition of many in parliament against it , was altogether taken away . for when richard . 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 . 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 . in the like sort dispenceth for great quantity of tinne for seven years , paying . . yearly above the usual custome . henry . annis . . . reneweth to the town of newcastle the same licence they had anno . richard . and granteth . 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 . giveth leave to lawrence barbarico to transport from london to cicester . sacks of wool to what ports he list : and edward . anno , borrowing , 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 . 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 . and to a multitude of others all kind of grain and other forbidden things , as in annis , , . kings raise money and improve the revenues of the crown , by improving customes . by . farming out of ships . . raising the book of rates . . farming the customes . . 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 . many years , not only with his ships , but with divers stocks of money . . raising the book of rates . this was in some sort done consensis mercatorum by edward . and edward . and again in henry . 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 . 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 . 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 . he in anno . taketh them away , with promise that neither he nor his successors should do any such thing without assent of the parliament , granting in anno . 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 . 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 . 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 , . 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 . anno . confirming in anno . 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 . 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 . 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 . richard . 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 . henry . 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 . . farming out of customes . so did edward . with the new and old customes at london for . markes monethly to be paid unto the wardrobe . the like he did anno . richard . anno . letteth out for term of life the subsidie of cloth in divers countries . and edward . anno . the subsidie and usuage of cloth. thus did henry . 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 ; . temporal , as for liberties . penalties of lawes , letters of favour . . 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 . proclaiming , quod omnes chartae et confirmationes , quae prioris sigilli impressione roberaverint , irritae forent nisi posteriori sigillo roborentur . and henry . anno . enjoyned all qui suis volebant libertatibus gaudere , ut innovarent chartas suas de novo regis sigillo , getting money thereby . edward . by divers commissions with articles ( called articuli de ragman ) annexed to them , called in question about anno . 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 . edward . in whose time anno . 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 . l. taken of every corporation ; of every person that holdeth by charter his liberties .l . for renewing them : and of every one that claimeth by prescription . l. for purchase of a charter , all which would be easie and acceptable , it would amount to above . l. for penal lawes that have been sometimes but with ill success wrought upon . when richard . anno . 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 . and edward . 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 . 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 . 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 . henry . and henry . to be passed by warrant of the kings hand , and upon some consideration . and henry . 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 . 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 . 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 . l. in fine , it would raise with ease . 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 . 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 . and so continued unto the middle of henry . the profit of it being now ingrossed among a few gold-smiths , and would yield above . 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 . edward . was otherwise , for then the exitus exceeded the introitus by far , and in the last times of the late queen as in anno . 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 . 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 . l. by which his majesty should gain . clearly : the increase annual . l. in which his majesty should gain . and the limitation , that none be enforced to take any but in summes under 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 . that one with another cost yearly . 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 . 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 . part of the people of the kingdome , had in it found above . by a late inquiry by order of the late queen , and so falleth out to be 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 . 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 . 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 . 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 . 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 . primitive use . . middle practise . . interrupted continuance . professing the same by the laws of . the roman empire . . the saxon kings . . 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 . convocatum est parliamentum londoniae , presidente archiepiscopo cum toto clero . & tota secta laicali . and in the . of edward the . 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 . of richard the . 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 . 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 . henry . 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 . 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 . . 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 . 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 . 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 . 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 . 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 . of edward . 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 . 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 . 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 of richard . 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 . 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 . 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 . henry . 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 . 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 . johannis regis , and revived . hen. : and since confirmed in parliament above . times . the words are these ▪ cap. . 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. that the charter . henry . was the very same as that of the . of king john ( in nullo dissimilis are his words ) and that of king john he setteth down verbatim fol. . 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 . henry . and . edward . 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 . freeholders , as appeareth in . edward . . henry . brooke title trials stamf. pleas of the crown lib. . cap. . fol. . and in edward . 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 . edward . rot . parl. m. . 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 . which was eftsoon resented by the subject : for in . edward . . cap. . 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. . edward , cap. . 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 . edward . cap. . 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. . edward . . rot. parl. n. . 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 . . edward . rot. parl. nu . . 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 . . edward . cap. . 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. . edward . 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 . edward . rot. parl. n. . 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. . 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 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 . 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 . & . edward . in the title of mainprise , plit . , . 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 , . edward . droit . so the statute of . elizabeth cap. . 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. . fol. . 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 . edward . cap. . and likewise by fleta , a manuscript so called , because the author lay in the fleet when he made the book . for he lib. . cap. . 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 . . cap. . 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 , . henry . . 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 . & edward . 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 . edward . rot . . in scrin . which also is in the book of pleas in the parliament at the tower fol. . 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 . . 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 . henry . in the court of common pleas , fol. . b. . 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. . cap. . fol. . , in his chapter of mainprise , where he reciteth the chapter of west . . cap. . and then saith thus : by this statute it appears , that in . 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 . . 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 . edward . c● p. . 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 . edward . cap. . by the course of the law , is rendred by due process of the law. and . edward . rot. parl. nu . . 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. edward . cap . calleth the same thing process of the law. and . edward . cap. . 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 . edward . by due process of the law in . ed. . other due process to be made by the law . edward . process of the law . edward . and by due process and writ original . edward . 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 . . in the case of the marsha●●●c ; and cook. . . 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. . 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 , . ) 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. . . 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 , . as a statute , by way of provision did extend only to the sheriff ; yet the recital in that statute , touching the . 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 . . 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 . . 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. . that stamford meaneth all of the sheriff , or at the least he hath not sufficiently expressed that he intended the justices . . 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 . henry . 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. . edward . rot. . 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 . . henry . 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 . edward rot. parl. n. . ( 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 . 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. . 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. . 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 . . parl. anno . edward . n. . 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 . . 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 . die octobris . m. . 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. . 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 , . die martii . claus . anno secundo edwardi primi m. . 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 . interim tradit . in ballium sicut praedictum est . et habeatis nomina illorum . hominum & ho. bre . dat. . die februarii . clauso anno secundo edwardi primi . m. . 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 . die decembris . m. . 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 . edwardi primi . m. . 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. . die junii . m. . 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. . die februarii . clauso anno quarto edwardi primi . m. . 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 . die augusti . clauso anno quarto edwardi primi . m. . 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. . 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. . 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 . 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 . . novembris . m. . 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. . 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 . edwardi secundi . m. . 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. . 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 . die jan. m. . 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 . . die de●embris . clauso anno quarto edwardi secundi . m. . 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. . die maii. m. . 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. . die april . clauso anno quarto edwardi secundi . m. . 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 . . 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 . . 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 . . die april . per ipsum regem . patent . . edwardi . . part . secunda mem . . 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 . . die novembr per breve de privato sigillo . pat. . henric. sext . membr . . 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. . henric. . memb . . 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 . henric. . m. . 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 . . die januar. pat. . henric. sext . membr . . 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 . . 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 . 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 . l. now near . 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 . 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 . 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 . henry . 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 . edward . adjudged in parliament an heinous crime , aswel as those of lyons and latymer . the duke of suffolk in henry . 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 . henry . and henry . more now led in by that way onely then all the merits of the best deservers huve got these last . years . so tender was the care of elder times that it is an article . henry . 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 . of edward . 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 . 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 . 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 . of richard . 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 . henry . the great bishop of winchester , . edward . . 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 . 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 . but one , till the . of henrry . 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 . that they had ingrossed the person of the king from his other lords . it was not forgotten against gaveston and the spencers in edward . time . the unhappy ministers of richard . henry . and edward . 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 . h. . we do not desire , as . h. . or . h. . the removing from about the king of evil councellors . we do not request a choise by name , as . e. . . . . r. . . h. . or . h. . nor to swear them in parliament , as , e. . . e. . or . r. . or to line them out their directions of rule , as . h. . and . h. . or desire that which h. . did promise in his . 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 . . sept. annoque regni regis caroli . london : printed in the year 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 . 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 . 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 . 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 . and the . henry the . and the . 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 . of edward the . 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 grains loss , which is l. in account , and in the . tale of silver ounces , which is l. 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 s. silver the pound weight , and s . for gold ; whereas with us the one is . and the other 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 . in all the silver , and a . 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 . edwardi . . mariae , and . 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 . . september . 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 . penny weight and . grains , and to be of the finest at the pound weight , . ounces , pence weight , doth produce in exchange . s. . d. farthing of sterling monies . we do affirm that the same dollar is . d. weight . grains , and in fineness . ounces . d , weight , equal to . s. . d.ob . of sterling monies , and is at this time in london at no higher price , which is short thereof by . grains and a half fine silver upon every dollar , being . d. sterling or thereabout , being the charge of coynage , with a small recompence to the gold● smith or exchanger , to the profit of england . s. . 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 . s. . 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 s. . 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 . penny weight , . grains ; and being but of the fineness of . ounces at the pound weight , doth pass in exchange at s. of our sterling moneys , whereby we lose . s . d. in every pound weight . but having examined it by the best artists , we find it to be . ounces , . d. weight fine , and in weight . penny weight , . grains ; which doth equal . s. . d. ob . of our sterling monies , and passeth in london at that rate , and not otherwise , though holding more fine silver by . 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 s. of his majestie 's now english money ; the merchants do all affirm the contrary , and that it passeth only at s. . 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 argest 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 . of edwards , . 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 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 . 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 . s. 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 . . vvhether the englist monies now currant are not as dear as the forreign of the dollar and reall of . in the intrinsick value in the usual exchanges now made by the merchants beyond-seas ? . 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 ? . 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 ? . 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 . . whether the higher we raise the coyn at home , we make not thereby our commodities beyond-sea the cheaper ? . 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 . 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 . edwardi . . mariae and . 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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 . r. the . and h. . ) no less fatal to the master , then the minister in the end . valour anatomized in a fancie . by sir philip sidney . . london , printed in the year . 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 t 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 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 . london : printed in the year . 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 . 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 . 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 . 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 . 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 . in the . year of his reign , for all the commons . the banishment of the two spencers in . e. . 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 th . of edward . 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 th . of e. . 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. . 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. . 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 th 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 a -e titus livius . doc . livius . acta triden . concil . august . de legibus antiq. roman . benedict . in vita hen. . record . in scaccar . w●st . claus . edw. ● . lewes in the paper chart. : notes for div a -e william the conqueror . malmsbury . ex lib. feod . in scacc. hen. . ex lib. pub . in scacc. chron. de dunstable . mat. paris benedictus monachus in vita hen. . gervas . dorch . roger wend●ver . king john. claus . iob. in . dorso . petit. . hen. . claus . . hen. . in . dors . edw. . ex rot. parl. in archivis london . claus . . edw. . in . rot. parl. anno edw. . claus . edw. . in . dors . claus . . ed. . in dors . edw. . claus , edw. . in . in dors . claus ed. . in . in dors . claus . . in . in dors . claus . e. . in . in dors . claus . e. . in . in dors . ddw . . claus . ed. . in dors . rot. parl. edw. . parl. ed. . rot. parl. ed. . saff . . in . rot. parl. ed. . rot. parl. e. . sess . . parl. e. . in . rot. parl. e. . rot. parl. e. . sess . . parl. . e. . rot. parl. e. . ro. parl. e. . parl. e. . parl. e. . parl. e. . parl. e. . pa●l . e. . parl. e. . king john. parl. e. . parl. e. . parl. e. . par. ed. . rich. . par. rich. . in & . parl. rich. in . parl. rich. . in . & . par. rich. . n & . parl. rich. . in . parl. . sess . . parl. . rich. . parl. sess . . par. rich. . parl. sess . . par. rich. . claus . rie . . par. rich. . parl. ric. . rot. claus . . ric. . far. ric. . parl. ri. . henry . parl. . hen. . parl. . hen. . parl. . & . hen. . in & . claus . h. . ln . in . in . hen. . parl. hen. . in . in . parl. hen. . parl. hen. . parl. & . hen. . parl. hen. . parl. hen. . hen. . rot. parl. hen. . rot. pa h. . rot. pa. h. . rot. parl. hon. . rot. parl. hen. . parl. h. . parl. h. . rot. parl. hen. . in . n. . parl. h. . parl. h. . parl. h. . edward . parl. . e. . parl. e. . henry . rot. parl. hen. . henry . parl. h . rot. parl . hen. . ex iustrumen . orig. tractat. matrimonial . . ex literis orig . legator . ex tract . hen. . & maximilian . . 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. . ex instru . orig . jurament . ex literis richardi ●ace , & lohannis russel . ex tract madristensi . ex rot. com. russel & pace . ex iustru . orig . carol. . ex instru h. . bryano & gardinen . ex literis cuthb tunstall epis lon-legat . hen. . in hispan . ex protestat . orig . toledonensi ●arl . ex literis car. wolsey & creg . lusathis . ex instru . signat . ch. im. gonzado ferdinand . capel . suo dat . 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 . . notes for div a -e 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. . benedictio abb. authore . regist. monast . de belto . regist , lincoln . liber burtoni ens . monasterii rot. clans . anno . e. ● . rot. parl. . edw. . rot. parl. . edw. . rot. parl. anno . edw. . rot. parl. anno . edw. . rot. pa●l . anno . edw. . chronicon henrici knighton . rot. parl. anno . hen. . rot. parl. anno . hen. . rot. parl. . hen. . anno . hen. . rot. parl. rot. parl. anno . hen. . rot. parl. anno . hen. . rot. parl. anno . h. . rot. parl. anno . hen. . rot. parl. anno edw. . registrum cralanden . ex chartis anno . h. . ex regist . camera stellata . ex annalibus fleetwood recordat . london . memorial . e. . propria man● . notes for div a -e combat . ex lib. . const . car. magni de testibus . bract. l. . c. . fol. . tit . corona . leges lombard . fol. . b. lu●●prand● rege . pr●pter consuetudin●m gent. legem impiam vitare non possumus . de papin . hist. l. . c. . lib. . decret . . part . ca. . qu. . rich. . parl. anno . e. . pat . e. . in . part . pat. part . anno . r. . m . pat. anno . h. . m. . lactan. divin . instit. cap. . st. cyp. l. . ep. . euseb . in vita constant . l. . zocomen . l. . c. . l. . cod. & glad . ex cod. theo●os . l. . c. . f●colinus de brackland cap. . h . . part. pat . . r. . memb. . rot. vascon . anno . h. . ●lacita coram rege e. . bract. l. c. anno. e. . & anno. h. . ex consuetud . duc. norman . cap. . tit. de equela multri fol. . breve reg. orig . apud r. g. c. reports anno h. . dyer anno eliz. rog. ●ovodeden & adam merimuth in vita e. . rot. fran. anno r. . m. . compane de la faughe regali & spagna . f● . joan. de molina chron. de loy● reg. de aragon . fol. . balla martini . dat in kal. maij anno ●ontific . . ●lacita anno . & e. . rot. claus . anno r. . dat . feb. claus in dorso r. . com. st. alban . r. . . pars pat . anno r. . rot vascon . anno h. . m. . placita coram rege . e. . rot. parl. anno e. . pat. in dors . h . conc. trid. sess . t it decreta reform . ex con. biturien . fol . claus , anno . e. . m. . parl anno h. . placita de quo warrant● anno r. ● . sussex . placita coram rege trin. e. . ex lege longi bard . . circa annum ●● notes for div a -e rodericus sanctius . pag . beda . baronius . dorothaeus . beda . baronius & donaco constantini . in inscriptionibus antiquis . easci●ulus temporis . tarapha . tarapha . eulogium lib. 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 . . ann● christi . . . . . . notes for div a -e . . . . septemb. ● ▪ li. mill. of crowns . king james , ●● ▪ notes for div a -e 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 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 a -e hen. . ex rot . orig . interacta concil . hen. . hen. . ex rot . in actis council . anno . hen. . in fin. ex rot . orig . an . hen. . ex ordinat . anno . hen. . hen. . ex rot . par. anno . hen. . n. . queen eliza. ex comp . din burghley thesaur . edw. . ex angl. m. s. folio . ex libro . do. aula regis . edw. . rot. pa●l . anno . edw. rich. . rot. parl. . ric. . rot. par●an . rich. . rot. . parl. an . . & . rich. . hen. . rot. parl. an . & . hen. . ex ordinat . in rot. act. c●nc●l . an . . h●n ● : marked ●r hen. rot. par an . . . hen. . edw. ex. rot . parl an . ● . edw. . ex lib. ordin . hospitii temp . edw. . rot. par. an . edw. .. . hen. . n. . mich. recep . . hen. . n. . edw. . ex aula regis fact . temp . ed. . hen. . act. concil . . hen. . marked p. p. hen. . ed. . ex lib. ord . tem . ed. ordinat . car woolsey hen. . hen. . ex gervas . doro. bern . rich. . ex richardo canonico in vita rich. . hen. . ex lib. sect. albani & wil. rishang . & lit . baron . papae . edw. . ex ordina . ed. . in li. legum manuscript fol. . rich. . ex rot parl. an . . rich. . he. . ex rot . par. an . . & ● . hen. . rich. . rot. par. an . ri . an . & . hen. . n . hen. . rot. par. an . . h. rot. par. ann . . h. . n. . hen. . pars. parl. . an . . hen. . m. . ex rot . parl. an . . hen. . rich. . ex rot . par. an . . hen. ex lib. rub . in secto ex jo. eversden . ex hist . roffens . ex rot . parl. temp . ed. . ex rot . par. annis . , , . rich. . rot. parl. , . hen. . ex rot. parl. an . . hen. . & . hen. . ex benedict-monacho in vita hen. . ex adam . merioneth ex rot. par. anno . rich. . ex rad. cogshal . ex hist . roffen . rot. par. an . . & . hen. . ed. . . ed. rot. par. anno . ed. . n. . ex rot . par. an . , , . . rich. . ex rot . par. an . . & hen. . rot . par. . edw. . ex original . ; an . rich. . rot. ordinat . an . . & claus . an & . edw. . rot. par. an . . rich . rot. parl. an . , , & . hen. . ex rot. par. an . . & . hen. . rot par. anno , , . hen. . ex act . cons . an . . hen. . rot. par. an . hen. . rot. parl. an ed. . act . concil . . hen. . claus . an . . hen. . clau. . ed. . rot. fran . an . . edw. . comune insc . edw. . parl. anno . rich. . parl. anno . hen. . par. an . . . . hen. . act. concil . an . . hen. . ex billa sign . an . hen. . & . edw. . rot. original . an . . hen. . marked b ▪ b. rot. act . conc . . hen. . rot. act . concil . . hen. . ex ordinat . concil . an . . hen. . marked n. n. ex instruc . comiss . . hen . ro● parl . rich. ● . ex charta episcop . cant. ro. claus . . edw , . claus . edw. ex insruct . original . hen. . ex act . pa●l . an . . mariae . ex instructione original . . hen. . lib. domesday . rot. parl. an . . hen. . rot. fin . an . . edw. . rot. ●arl . an . . edw. . rot. claus . an . . edw. . rot. claus . an . hen . memb . . rot. fin . & edw. . rot. valcon . . edw. . rot. alinaig . . edw. . act concil . an . . hen. . warrant . sub privat . sigill . an . eliz. reginae . rot. parl an . . hen. . n. . rot. claus . an . . hen. . rot. parl. . rich. . ex billa signat . an . . rich. . ex petit . an . . hen. . ex act . concil . ex billa original . an . . edw . ex lib. comp . inter hen. . & dudley . ex lib. hen. . rot. almaign . . edw. rot. claus . . ed. . ex tract . bruxelles . magna charta . dor● . clau . an . . hen. . n ▪ . statut. an . ed. . rot. parl. . edw. . cap. . & . rot claus . an . . edw. . rot. fin . . ed. . statute . ed. . cap. . rot par. . ed. . tat . . ed. . cap. . ro. almaign . . edw. . memb . . indors . stat. ● . ed. . rot. parl. . edw. . stat. . edw. . licencegranted by henry . henry . henry . to many merchants with non obstante any statute . ordinat . concil an . . hen. . merchants . clau. anno . . edw. . original . . edw. rot . . ex rod. cogshal . rot. ragman . an . ed. . rot. quo warranto . ed. . rot. warranto edw. . instructio original . . rich. . process con . dudley an . . hen. . lib. aquitanc . inter hen. . & dudley . emilius in vita lewis . v●s . cap. . ex instructione caroli . to ph. l. . ex scacar inter rememb . regis . ed. . ex composit . original . inter ca●d . woolsey , & archiep cant dated . hen. . notes for div a -e . reasons out of president . . imperial constitutons . . saxonlaws . acts in parliament justinian . tripartita historia . distinct . . . nicep . lib. . concil . ca●●h . affric . zozimus . ambros . l . ep. . 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. . edw. . rot. parl. an . . rich. . rot. parl. an . . rich. . rot. parl. an . . ri. . . ● rot. parl. an . . rich. . n. . & . rot. parl. an . rich. . n. . . ric. . n. . . hen. . rot. parl an . . he. . n. . william m●lmesbury . lib. ecclesiae cantuar. vita hen. . beda . provincial consitutions . rot. parl. claus . . rich. . charae ●ntiquae b. b. ambrosi●s . concil . . toletan . ●d consentiendum . writ of summons rot. claus . an . . rich. . ● . . archivis . archiepis . rot. patl. . edw. . usurie . vex●tion by ord●naries . rot. parl. . edw. . citations . rot. parl. an . . rich. pecuniarie pains . . rich. . ecclesiastical courts . tythes . . rich. . n. . learned ministery . rot. par. an . . hen. . ● . . . hen. . . hen. . rot. par. an . . hen. . rot. par. an . . hen. . rot. parl. an . . hen. . chartae a●iquae b. b. leges saxon. concil . chale . levit. . notes for div a -e object . . object . . resp . object . . 〈…〉 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 a -e honour justice & profit honour edw. . hen. . hen. . queen eliz. edw. iustice● . bodin . theoderet the gothe . mirror des iustices . edw. . & . hen. . & . profit . . edw. . . . edw. . . mariae . . eliz. notes for div a -e lib. ep. glanvile . e●b sancti etheldredi epise . eliber sancti albans fol. ● anno , ● . . ch●rtaorig . sub●i , ill ann. . h. . apud rob. cotton rot. parl. am . o e. . rot parl. anno . e. . rot. parlanno . e. . n. . parl. anno 〈◊〉 ed : . parl. . r. . n. , . parl. . h. . ho● . parl. an. ● . h. . an apology for the east-india company with an account of some large prerogatives of the crown of england, anciently exercised and allowed of in our law, in relation to foreign trade and foreign parts / by w.a. ... atwood, william, d. ? approx. kb of xml-encoded text transcribed from -bit group-iv tiff page 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an apology for the east-india company with an account of some large prerogatives of the crown of england, anciently exercised and allowed of in our law, in relation to foreign trade and foreign parts / by w.a. ... atwood, william, d. ? [ ], - p. printed for the author, london : . includes (p. - ): appendix. a commission for martial law, granted to a governor chosen by the east-india company eliz. reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company. prerogative, royal -- great britain -- early works to . martial law -- great britain -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion an apology for the east-india company : with an account of some large prerogatives of the crown of england , anciently exercised and allowed of in our law , in relation to foreign trade and foreign parts . by w. a. barrister at law , author of the first answer to the late chief justice herbert's defence of the dispensing power . qui judicium fecerit parte inauditâ alterâ , aequum licet statuerit haud aequus est judex . london , printed for the author , . an apology for the east-india company . the substance of what follows was intended to be spoken by me before a committee of the late house of commons ; but my ancients at the bar , thought it better to rely upon the supposed defect of proof for the matters alledged against the east-india company , than to justify the fact ; which if proved , and not defended , was likely to have that consequence which is well known to have hapned . i have here considered all the objections which have occurred to me against the exercise of such powers , as 't is not to be denied but the company thought were warrantable . i urge not this as if an act of parliament for setling convenient powers were needless , or not desired by them ; but to shew that those their actions which have been most complained of , have not been without precedent and countenance from legal authorities . i. the two great charges against the company , are the seizing of ships and goods of interlopers , and condemning them as forfeited . ii. the passing sentence of death , and executing men , by the governor at st. helena , in a method not wholly agreeable to the laws of england ; or else the procuring a commission from the king , for trying and executing men there , by martial law. i. that in relation to ships and goods seems the less likely to be according to law , since it was not justified in the time when jefferies was chief-justice , and the king's power even for prohibiting , labours with the disadvantage of having judgment for it in irregular times ; and the grounds on which most weight was laid , suitable to such times . as , . a prerogative to forbid trade with infidels , who remaining perpetual enemies to the nation , yet were to be friends to part : and this upon a principle that would restrain the propagation of the gospel , as well as of trade ; as if the danger of being infected with their infidelity were greater than the hopes of converting them : or that they who were free of such a company had a particular antidote against it . . the other ground , though not so ridiculous , has less colour of law , which was the king's power , for the benefit of particular persons , to dispense with acts of parliament restraining trade ; from whence they would infer an equal power of restraining , where common or statute law gave a liberty . but without the help of such false mediums , i doubt not to prove very plainly , that neither common nor statute law , give any countenance for interloping within the extent of the east-india company 's charter : and that such as trade thither , not being of the company , or licensed by them , incur the forfeiture of the ships and goods with which they interlope , and that according to the law of england , as it has been taken ever since foreign trade appears to have fallen under its regard . that the company 's charter and proclamations thereupon prohibit interloping upon such penalties , is not denied : so that the only question here is , what countenance such prohibitions have in our law. object . i meet with an objection in the beginning , as if such a restraint were against the law of nations ; of which some suppose it to be a maxim , that commerce ought to be free : which is not implied in the publick use of the sea and shores allowed in the civil law to some purposes : but were it so , care must be taken for such an interpretation , that one maxim do not thwart another . wherefore since according to the law of nations , of those things to which all have equal right , special property is acquir'd by occupancy , or primier seizin ; the rule for liberty of commerce must be qualified so , as not to prejudice that property , which has been acquired and improved at the expences of others . according to which , in our law , no man can use his own to the damage of his neighbour's property first setled . wherefore , though we say , cujus est solum , ejus est usque ad coelum ; yet a man may not by building upon his own ground stop up his neighbours more ancient light : nor yet can he use his own to the injury of the publick , and therefore cannot turn his land into a park , chace , or warren , without licence from the king , who is intrusted for the publick , to see that all , or a convenient quantity of the land usually plowed , be kept in tillage . but as to commerce , there is no ground for the belief that it ought , by the law of nations , to be absolutely free , either between nation and nation , or for all the subjects of the same nation : for this we must judg either according to natural equity , or the common practice of nations . the first is certainly against reaping the benefit of another's cost or labour , and the practice of nations agrees with it ; imposing taxes upon goods imported or exported , and prohibiting persons and merchandizes as they see cause . and thus it was with the ancient romans , who had their comites commerciorum ; supervisors of commerce ; who were to see that none traded beyond the bounds , or with other merchandizes than were allowed by the government : and what freedom of trade soever might be allowable where it depended only upon a liberty granted by one prince to the subjects of another , all standing in equal capacity as subjects ; yet where the circumstances are such , that the trade must be maintained by garisons and armed forces sent by the traders , there can be no reason for others to have any liberty , till they have allowed their proportion of the charges . nor can this be looked upon as a monopoly , odious in the eye of the law , till it is proved to be a restraint of such trade as others were intitled to by law. but to come to those plain authorities in law which support the companies charters , it will appear . first , that at common law the king might prohibit any person or persons from going beyond sea ; and is judg of the grounds . the ne exeat regnum is served only upon particular persons ; but fitz-herbert tells us that the subject may be prohibited by proclamation as well as by writ , and the reason given extends to all , because every one is bound to defend the king and his realm . wherefore this is rightly explained in dyer , where 't is said to be agreed by fitz-herbert , that the king may by his general proclamation , or special prohibition restrain his subjects from going beyond sea. there is indeed a query put upon the suggestion in the writ , which in dyer is thought not to be traversable . the statute which excepts notable merchants from need of licences to go beyond sea : . gives no power against a prohibition . nor . were any merchants notable in the eye of the law , but those of the staple , which at the beginning were only foreigners , as appears not only by magna charta , which provides for no other merchants ; but more particularly by the statute of the staple , which prohibits english , irish , and welsh , from carrying staple commodities out of the realm . this the king had dispensed with , but our merchants denizens not thinking that sufficient warrant , obtained an act ed. . to give them the same liberty with foreigners , which was a manifest departure from the ancient policy of the kingdom , for bringing foreign merchants with their monies hither . secondly , the king might at common law erect societies or companies for the maintenance , enlargement , or ordering of any trade of merchandize , and none to have liberty to trade in such commodities , or to such parts as are limited , but those that are free of such societies , or licensed by them : this appears in the statute of monopolies , which excepts such companies out of that law , and the east-india company having existence then , is manifestly within the exceptions . this power of erecting such societies exclusive of others , appears more antiently , h. . the merchants adventurers of several parts of england petitioned the king in parliament , setting forth the liberty they had to trade to many places in league and amity with the king , but that the merchants adventurers of london , exacted of them l. fine for liberty to buy and sell at the marts . the act gives them free passage , resort , course and recourse to the marts in flanders , holland , zealand , brabant , and the places adjoining thereto , paying only ten marks to the company . this gives no larger liberty , only lessens the payment for it , and but to such places as are specified in the act. the case of the taylors of ipswich , and others of the like nature , wherein restraints of trade by the by-laws of companies have been condemned , come not within this : for . they are of inland trade . . in that case no man was to exercise the trade , but such as the master and others of the company should approve of , which might occasion a total restraint . thirdly , the king might erect staples , or treasuries for commodities of home-growth or manufacture : and no man could , without the king's licence , engross quantities of these to carry elsewhere , than to domestick or foreign staples : nor , as appears by the foregoing head , could carry to the last , unless he were a merchant of the staple , or licensed by them . foreign staples depended upon the king's treaties with foreign princes ; and upon any inconveniences arising , either the king 's grant of the staple , his treaty with the prince , or the prince's ambassador residing here , were to be consulted . and the statute ed. . shews , that the king alone had granted a staple at bruges , which grant they do not in the least question , but pray redress upon some inconvenience which had arisen by an ordinance made in flanders . till the staples came to be fix'd in parliament , the king of his own authority appointed them within his own dominions , as is evident by the statute of e. . ( which says , that the staples ordained by kings in times past shall cease ) at least as this is explained by subsequent parliamentary proceedings . the commons e. . petition that the staple may be at calais , and that no patent or grant be made to the contrary . res . the king will appoint the staple as by counsel he shall think best . yet it appears that before the th , the king had of his own authority appointed it at calais ; for the commons then , in their complaint against evil counsellers , desired it may be enquired of such of the king's council , as transported staple-ware and bullion to other places than calais . nay , though it seems it had been discontinued , he had by assent of his council appointed it at calais before the th , for in the st , reciting such his establishment , he gave special license to some to carry goods elsewhere : and the statute of e. . c. . takes special care to preserve the staple at calais by a saving to that act. in the th of e. . the countries of lincoln , &c. pray that the staple may be at lincoln , as it was at the first ordinance ; and not at st. botolph's . 't is answered , it shall continue at botolph's at the king's pleasure . the resolution eliz. that a grant for malmsy to be imported only at south-hampton was void , is not contrary to this power of the king ▪ in confining trade to a particular place : because it was by an express act of parliament made lawful to carry wine to any port : and i am treating here only of a supposed liberty at common-law ; and the restraint of such liberty . if then the king can prohibit trading to any parts of the world , but where he fixes his staple , unless the trade be opened by act of parliament , and yet may license some to trade elsewhere ; much more may he prohibit trading in or to some one place , yet license others to trade there ; for a prohibition of trade to any place but one , or some few , certainly argues a greater power than to prohibit , only in relation to some particular places . fourthly , as the king might prohibit the carrying out staple-commodities elsewhere than to the staple ; so he might , when he saw cause , prohibit even the carrying such thither . thus tho wool was a staple commodity , i find , a pardon for the exportation of prohibited merchandize of wool , upon submission and fine to the king. but because this may possibly be for trading elsewhere than to the staple , this power will not fully appear till we come to that exception , for the king's prohibition , which , as i shall shew , runs through those statutes which are the most in favour of merchants ; yet it was admitted in the argument of sand's case against the company , that in time of plague , or when the commodities are needful here , the king may prohibit the exporting even those of the staple . fifthly , the king might prohibit the exportation or importation of any commodities not of the staple , as appears beyond contradiction from the petition of the commons , h. . with the king's answer to it . the commons pray that all merchants may export to any place , or import from any place any goods , except goods of the staple , at their pleasure , notwithstanding any proclamation to the contrary . this is denied : for the answer is , le roy voet estre advise . this indeed some will have to be occasioned by an embargo in time of war : but it appears by the circumstances of the time , that there was none then , or any immediate preparation for one ; besides if there were wars , 't is highly improbable that the commons would pray a general liberty of trade . but farther , to confirm this power in relation to commodities which were not staple . butter and cheese having been commodities of the staple , but distapled , by reason of not being able to bear the charges incident to the staple ; though leave was given to carry them to any place in amity ; there is an express proviso , that the king may restrain the same , when it shall please him . now whereas men fancy that at common-law every man had an entire liberty to trade to any parts ; let us consider the true state of trade , and it will appear , that if the statutes do not help ( which i shall soon consider ) merchants denizens have no pretence to liberty , especially against the king's prohibition ; unless it be to places where trade is opened by particular statutes ; as to the dominions of spain , france , portugal , &c. or to staples , which were at first erected by the king 's sole authority . till the statute . e. . they could not trade abroad in person even with any staple commodity : other trade must be carried on with gold or silver , or with goods and manufactures not staple . the exportation of gold and silver , the kings might have prohibited at their pleasure till . car. . and it appears by the statute of . h. . that the staple at calais took in all merchandize from hence , besides woollen cloth and herring : for woollen cloth the staple was at flanders . so that herring seemed the only trade at liberty : which however , being victuals , was within the reason of the provision in the statute of . h. . concerning butter and cheese . and the common course of restraints by the king's proclamations . thus i find a proclamation in the th of ed. . against carrying corn or other victuals from the isle of wight . another afterwards against carrying wine out of england . and an indictment in the th for carrying corn beyond sea , against the king's proclamation . sixthly , the general course of the statutes express or imply the king's power of prohibiting goods and persons . this does magna charta it self very plainly , and so as to serve for an explanation unto all other statutes concerning merchants . let all merchants , says it , unless they were publickly prohibited before , have safe and sure conduct to go out of england , come to england , and stay and go through england as well by land as by water , to buy and sell without evil toll , unless in time of war , or that they are of the enemies land. this , as the lord coke rightly observes in this particular , relates only to merchants strangers , which shews that no others were then known : if it takes in denizens , then letters of safe conduct , or other licenses , are requisite for them to apply for , before they can have such liberty . according to which i find letters of free trading and safe conduct to merchants coming into england , tam indigenis quam alienigenis , as well natives as foreigners , . h. . though merchants denizens are not taken notice of as trading by sea , . h. . it seems by the th they who had used to enrich themselves by the monies of foreigners , fell to foreign trade themselves , and for ought appears to the contrary , did this by vertue of letters of free trade from the crown ; nor was trade wholly enlarged , o. e. . when 't was enacted , that merchants strangers and privy , may go and come with their merchandizes into england , after the tenor of the great charter , which referring wholly to the charter , leaves it as it was before . indeed there is likewise a provision that staples shall cease , but that was but temporary ; no more being necessarily implied in the word cease : however this can reach no farther than to staples appointed before that time without restraining future appointments , which appears not only from the import of the words , but by the constant practice after . whatever liberty the great charter gives , it is to such as take letters of conduct , or at least have not been publickly prohibited . but the lord coke must needs be under a mistake , where he makes the publick prohibition to be no other than by parliament . for unless he supposes all staples to be taken away absolutely by magna charta , contrary to the express allowances of following statutes , the kings prohibiting staple goods to be carried elsewhere than to the staple , is a lawful publick prohibition within that statute . and whatever prohibition is lawful , must be publick within the statute ; for otherwise it is not lawful . but they that argued against the company 's charter , admitted that the king might prohibit exporting goods , when needful for the kingdom , and in times of plague , and the like : wherefore such prohibition is sufficiently publick : but to say that the king might in such cases , but not otherwise , is either a giving up the question of publick prohibition , or else a begging it , in supposing that others , though as publick , are not within the prohibition . the great statute relied on for liberty of foreign trade , is . e. . the words of which in the print , are these ; every man as well stranger as privy , from hence-forward may buy wools , according as they may agree with the seller ; as they were wont to do before . and that the sea be open to all manner of merchants to pass with their merchandizes where shall please them . to shew how little warrant there is , for what men would gather from the print , 't will be requisite to set down the words of the record : item prie la dite com que come nre snr le roy eit grantz . as gents de flandres qles estaples desleyns scient en la vill du brugges , au temps de quet grant tote manere dez . merchandz . cest ascavoir , lombards , genevys , cataloyens , espainols , et autres que la plus grand part des leyns soloient achater , at per la ou ills voloient hors de terr de flandres per terr et per mier a lour voluntee amesner , a grant profit et encreas du pris des leyns illoques venantz , la ont les vills de brugges , gant et ipre denovel ordeniz pur lour profit que nuls leyns venantz a le staple scient venduz as estrangers gentz ne carriez hors de la dit tere de flandres , si com ills soloient estre en damage de marchantz d' angleterre , et de tote la com , dont ills prient remede . resp. quant au quint article il est avis as roialmque la petition est reasonable , et outre assentuz est que chescun merchant , aussi bien estrangers come privez . peusse achater leyns en engleterre , aussi come ils soloient fair , et sur se soient faitz breifs as viscounts de fair ent proclamation . also the said commons pray that since our lord the king has granted to the people of flanders , that the staples for wools be in the town of bruges ; at the time of which grant all manner of merchants , viz. lombards , genoeses , catalonians , spaniards , and others who used to buy the greatest part of the wools , carried them from thence whither they would , out of the land of flanders by land and sea at their pleasures , to the great profit and encrease of the price of wools coming thither . the towns of bruges , gant , and ipre have lately ordained for their profit , that no wools coming to the staple be sold to strangers , nor carried out of the said land of flanders , as they used to be . to the damage of the merchants of england , and of all the commons whereof they pray remedy . answ . as to the th article it is agreed by the prelates , lords and commons of the realm , that the petition is reasonable . and moreover it is assented that every merchant , as well stranger as privy , may buy wools in england , as they used to do . and of this , let there be writs made to the sheriffs to make proclamation thereof . upon which it is observable ; st . that the king's power of erecting staples is allowed , and the staple of his erecting is continued by this statute : for though leave is given to buy woolsany where in england ; bruges still remained the foreign staple , to which all wools that were exported were to be conveyed . dly . that this being only a liberty to buy wools in england , does not in the least imply a liberty for merchants to pass abroad with their merchandizes where it shall please them : for that would be wholly to destroy the foreign staple , which is by no means taken away : wherefore if either the writ to the sheriff , or the proclamation thereupon , mistake the liberty there mentioned , which merchants formerly had , to pass by land and sea from flanders , as if it related to passing from england , and that through the inadvertency of the compiler of the statute-book , be foisted in for the act of parliament , i am sure it neither is , nor ought to be of any avail . and 't is further to be considered , that even that liberty which is given by this act to buy wools any where in england , is restrained by the statute of the staple , nine years after , which erects staples in several parts of england , to which all wools , &c. which shall be carried out of this realm shall be brought . nor are they according to that , to be exported by merchants denizens . nor do the statutes e. . & r. . which provide that merchants aliens , and denizens may buy and sell all things vendible , of and to whom they will ; amount to a general liberty for foreign trade . for , . there is a saving to the staple of calais . . the title and preamble shew , that 't is only to buy and sell within the realm without disturbance . . the remedy is only against disturbances in towns &c. within the realm . the only refuge that i am aware of , is , the act for encouragement of trade , car. . and some others of the like nature . in that there is a liberty given for exporting corn or grain when at certain prizes , into any places beyond the seas as merchandize . but . this being for merchandize , can reach to no other places besides those whose trade is lawful . and as no man can say that by this act they may send this to an enemies country ; neither , if the king may by law prohibit sending to any other , may it be sent thither . wherefore the publick prohibition excepted in magna charta must needs run through this act. . the statute says only , notwithstanding any law , statute or vsage to the contrary , but provides not against future publick prohibitions . the clause which enacts , that no commodity of the growth , production or manufacture of europe , shall be imported into any part of asia , africa and america , unless in english bottoms , with the master and three fourths of the mariners english , gives no liberty for all people to trade thither ; but only requires the lawful traders thither to go with english ships , and such a proportion of english-men . of the same nature is the provision concerning goods or commodities of the growth production and manufacture of africa , asia , or america , car. . seventhly , the king may by his prerogative , entrusted with him for the good of his people , prohibit the exportation or importation of certain comodities , upon pain of forfeiture of the goods , and ships which carry them . edward the third commanded that no merchant denizen should transport cloth of worsted , nor merchant denizen or stranger , coals , sea stones fell-ware , &c. to other places than calais , sub forisfacturâ bonorum et merchandizarum , under forfeiture of the goods and merchandizes . this is likely to have been according to former precedents of staples : for whereas the statute e. . says , staples ordained by kings in times past shall cease ; so it says of the pains thereupon , provided . and the th enacts , that all who shall be convict that they have brought wools , leather , and woolfells to the parts beyond the sea , against the defence of the proclamation thereof made , before the making this ordinance , shall be judged to prison , and incur the forfeiture of the same wools , leather , or woolfels , and all other their goods and chattels , and moreover be ransomed at our will. now i appeal to all rational men , whether it is not more likely that there had been such a penalty in the king's prohibition , and that it was here confirmed by the parliament , than that they should make a penalty ex post facto , or encrease the penalty before set . but for the king to prohibit upon pain of forfeiture was very frequent in that time , and as here it had a parliamentary allowance , so had it a judicial one in the foregoing reign . a charter had been granted to great yarmouth , that all ships coming within the haven , shall be discharged there , upon pain of forfeiture of the goods . this had been adjudged valid before the council of e. . which being at a time when the council was chosen in parliament , carries as much evidence of the law of that time , as any thing can . indeed little yarmouth in the time of e. . insisting upon the same priviledg by another charter , as it had done before the council of e. . the debate of that matter is adjourned to parliament . exporting corn from the isle of wight was prohibited upon pain of forfeiture , e. . exporting wine from england upon the like pain , e. . and long before this , foreign merchants , without mention of any war , had but days given them to sell their wines in london . and , as his present majesties proclamation prohibiting the importation of french goods , and requiring the sale of them by a convenient time to come , upon pain of forfeiture , and this without any declaration of war but only for the publick good , is another great authority on the companies side : so the proclamation of e. . is a precedent in point to justify the last ; for no man can doubt but foreign merchants had their goods as much under the protection of our laws , as natives had or have . but admit that the king could not by his proclamation create a forfeiture , so to be adjudged in westminster-hall ; yet it being in relation to fact arising upon the high sea , or the ports beyond the seas , falling within the admiralty jurisdiction and marine laws ; if the king may by law prohibit , then whatever penalty the marine laws inflict upon persons or goods , going contrary to imperial or regal prohibitions , the same are allowed of in our laws : nor will it be any objection to say that the penalty is occasioned by the prohibition in the charter : for it is not supposed that barely trading thither is against the marine laws , unless such trade were before prohibited . as early as the time of rich. . i find that omnes per mare ituri , all persons going by sea , were subject to the admiral 's jurisdiction . and parts beyond the seas are within the same . the great hales when he was of counsel in a cause against the admiralty , did not except against such power ; only that a contract at new-england was not alledged to be in partibus transmarinis . but this jurisdiction is proved at large by mr. pryn , in his observations upon the th institute . the kings power at sea , is more absolute than at land , as appears by a memorable record , e. . it was then agreed by the lords and commons and the deputies of foreign princes , that the king of england , by reason of his kingdom of england , has enjoyed the supream dominion and empire in the english sea , and the islands thereto belonging , and may constitute whatever is necessary for the preserving peace , justice , and equity , as well among foreign nations as his own subjects ; and may judg accordingly , and do all things belonging to summum imperium . the admiral 's patents are to try secundum legem maritimam , according to maritime law ; and maritime law or law merchants , is by the chancellor in e. th's time , held to be the law of nature , which is vniversal throughout all the world. wherefore according to this , the king has in these matters summum imperium , without the fetters of positive laws of particular nations . but as far as the provisions reach the law of oleron made by r. . as he came from the holy land , is the law of mer●●an●s throughout the world , and the law of nations ●herein ; and i find provisions made for trials by the law of oleron , and ancient laws of the 〈◊〉 : and h. . persons to be punished according to the custom of the ports , which had a collection of some sea laws . by the law of oleron , pyrates , robbers and sea-rovers , may by despoiled of their goods without punishment . if this will not reach interlopers as sea-rovers , at least the civil law , which is another guide to the admiral 's judgment , will. if , says the learned professor of the civil law , dr. zouch , things unlawful are put into a ship , the ship is forfeited . again , he tells us traders are proceeded against in judgment , if they venture to go to buy or sell beyond places prescribed ; and the goods brought from thence are to be forfeited , and the contracters to be subjected to perpetual punishments . and 't is evident that for this he has the warrant of the express letter of the civil law. thus we find in the codex . * we now command , as was formerly done , that liberty of buying silk from barbarians be taken from all persons except the supervisor of commerce . again . † merchants , as well our subjects as those of the king of persia ought not to buy or sell out of those places which were agreed to , at the time of the league with the said nation . if this be done knowingly by either of the contractors , the things sold or gained elsewhere than in these places , are forfeited . and besides the loss of these things , and of their price , which was paid in money or goods , they are to undergo perpetual banishment . again . ‖ if any persons are apprehended either going beyond the cities mentioned in the ancient laws , or receiving foreign merchants , without a supervisor of commerce , they shall neither evade the forfeiture of their goods , nor the penalty of perpetual banishment . upon all which authorities , i think it no strained conclusion , that if the king may prohibit foreign trade in any case , ( and all must agree that he may in some , for the publick good ) he may in such case prohibit it under the penalty of forfeiture of ship and goods ; especially if he direct that they shall be proceeded against by the admiralty's jurisdiction , which is provided for by late charters to the east-india company . i must not here pass by the case of horn and jvy , which seems to lye in my way : there indeed the seizing a ship as forfeited by virtue of a charter to the canary company , is held unlawful . but it is to be considered ; . that it was without legal process . . the justification of the seizing was without warrant : only by commandment from the company , which could not be sufficient . . the statute i. . had enabled the subjects of england to trade freely into the dominions of spain . and the distinction took by the judges then , that the canaries were of the dominions of the king of spain , but not of spain it self , might be true ; yet it is not likely that the parliament intended a nice enquiry into the several tenures , or the titles which the king of spain had , to all the parts of his dominions . . but , be this authority never so express , the reporter assures us some held otherwise : nor could the unanimous opinion of the court of king's bench , be enough to turn the stream of the greater authorities which i have produced . the power over life exercised under the king's authority , is of greater sound , but not of any higher nature , than the foregoing : for according to the degrees of power over property , so it must by consequence be over persons : and it will be no harsh supposal , that if the king is not tied to the rules of common law in relation to foreign trade ; neither is he as to the persons of such traders . but to come more particularly to the facts which occasion this question : they are either judgments of death upon trials had , in pursuance of the powers given by the charter to the governors upon the place ; and these powers duly pursued , or not ; or else the like judgments upon trials had by particular commissions for martial law. if the powers of the charter were duly pursued , then the only question will be , whether the king may give a power to judg upon the place , such as transgress the laws either of england , or by-laws made for that place ? if he cannot do this , 't will be impossible to preserve any foreign plantations ; and besides new-england , and all other english colonies , have acted unwarrantably from the beginning . if the powers in the charter have not been duly pursued , that will be the fault of the governor entrusted with the execution of them , but not of the company , unless it appear that they have given such instructions , which neither did nor could appear , in their case who were tried by the governour at st. helena : it being immediately upon their rebellion , before there could come any orders from hence concerning them . the heaviest part of the charge , is , that of a commission for martial law ; which 't is supposed that the company obtained ; & that some of the committee gave instructions to have it put in execution . for this 't is requisite to give a short account of the inducements to that commission . the people of st. helena having risen to a competency on a suddain , from the grant of the company , had grown insolent with their good fortune , and impatient of any government ; and four times rebell'd against the king's auhtority administred by the governours there , meerly for rebellions sake , before they had any manner of charge laid upon them for maintenance of the government : being only required to defend it with their bodies , and such arms as were given them by the company ; for which end they were bound to keep guard in their turns , as well as to rise in general upon occasion : they having taken a distaste at the deputy-governor , upon the false suggestions of the most seditious among them , came down to the fort in an hostile manner , demanding the deputy-governor to be delivered up to their fury ; and it being refus'd , endeavour'd to force open the gate . some would justify their recourse to arms , because the company finding more need of defence against them than against invaders , had been obliged to send souldiers for securing the peace ; and discharging them from their ordinary attendance , had required the payment of one shilling per acre for this necessary support of the government . whereas . there was no stipulation with them that they should have any vote or interest , in the making any laws or provisions about the governments : however , . this which they would make a just occasion , was not done till it was necessitated by this very rebellion , which thus they would ligitimate by way of prophecy . the rebels ( for such they were against the king's power administred there ) being dispersed by the company 's souldiers , some of them were taken and tried , and if the witness produced against the company , swore true , they were notwithstanding found guilty but of a riot or tumult . which shews how little justice was to be expected , when it was to be had by means of some of the inhabitants . however they being taken in actual rebellion , the governour having by the king's charter , [ in case of rebellion , mutiny , or sedition , as large and ample power as any captain general of the king's army by virtue of his office ; ] hang'd some for examples , and detaining others in prison , sent a narrative of the fact signed by others of the council there ; upon which narrative , the then king thought fit to issue out his commission of martial law for trial of the rest , who were tried accordingly , and some executed . that this trial by martial law , is warranted by the law of england , will appear beyond contradiction : it being for a fact committed beyond the seas . for , st . at common law the constable and marshal have the sole jurisdiction , in criminal causes arising from beyond the seas , as appears by the declaratory stat. r. . which says , to the constable it pertaineth to have cognizance of contracts touching deeds of arms and war out of england . and indeed 't is evident by numerous authorities , that the courts at westminster could not take cognizance of such fact ; to mention but one , as early as e. . 't is held without contradiction , that to a fact done out of the jurisdiction here , or out of the realm , as at paris , or else where beyond sea , i ought not to answer . the constables commission refers to the practice in the time of w. . and since , and shews that the proceedings there , have from the earliest times been in a summary way , without regard to our forms of law. and it is held by prisot , h. . and not denied , that the proceedings before the constable and marshal are to be by the civil law. . this power for exercising martial law , is not taken away by any statute . the only statutes which may be supposed to affect it , are h. . c. . and h. . c. . both of them for trial here of treasons committed beyond the seas ; and that part of the petition of right , which concerns the exercise of this law. neither of which take away this power ; for it being a power at common law , those statutes of h. . which authorize trials here , by no means remove it , as is held by the lord coke . and that manifestly agreeable to the course of authorities in the like kind ; there being no negative clause ▪ providing that such trials shall not be had elsewhere , or in other manner than what is there enacted . that the petition of right does not touch this , is as plain : for , the petition is only against the assigning and appointing commissioners , with power and authority to proceed within the land , according to the justice of martial law. . it is not against proceeding for fact , arising out of the land , but such only , for which men were by law punishable here , by magna charta and other statutes declaratory of the common law , before the statutes and h. . whereas martial law was within magna charta , and those other statutes , part of the law of the land , in relation to fact arising from beyond sea. and whereas the petition says , no persons were exempted from punishments to be inflicted according to the laws and statutes ; it shews that it speaks only in relation to fact arising here ; for otherwise they were exempted . . but farther , that the petition of right was never intended to touch the constables or marshals common-law-jurisdiction , appears from the debates which induced the petition . i agree , says the learned banks , then attorney general , and afterwards chief justice of the common-pleas , in some particular cases the martial hath jurisdiction , as in matters whereof the common-law can take no notice , being done out of this realm , and also for the treasons and murders beyond sea. i need not labour to prove , that the same power which the constable and marshal , or either of them , had at the common law , may be granted to several commissioners : the substance of the power not consisting in the name or number of officers : and i think no man will question but the present lords commissioners for the great seal had , before the late statute concerning them , all the power which the chancellor or keeper had , at the common-law . commissions for the executing martial law , have been frequent in most reigns , and such as are full precedents for that commission which was executed at st. helena : to make which evident , i have in the appendix transcribed one at large , granted even in queen elizabeth's time , and refer to another of the like kind , in the time of j. . it may be said , that it is not agreeable to the martial law , that others joining with souldiers ▪ should be punished as souldiers . to which i answer : that though this might be a question in other cases , yet it can be none in the case of open rebellion , where rebels make themselves souldiers . and it is observable that the petition of right makes no provision against the trial of such , even for facts committed here : for it mentions only murthers , robbery , felony , mutiny , or other outrage or misdemeanor , proceeding from the higher to the lower crimes : but treason is neither included in them , nor ever placed in the rear . . the planters at st. helena might well be look'd upon as souldiers , not only as they were in open rebellion , and went thither as souldiers ; but by the constitution of the place , were bound to ordinary duty by day and night , in their turns , with the companies arms ; had their several posts assigned them , and were to attend upon all alarms at the firing of a gun. it may further be said , that martial law ought to be exercised only flagrante bello . but then there would be little difference , if any , between a fact committed here , or beyond sea : for the petition of right allows it here in time of war ; condemning only the exercise of such a power as it agrees to be used in armies in time of war. but matters hapning abroad , being triable by martial law here , or by commissions from hence , 't is evident that there must be time allowed for informations ; which being from a great distance , cannot be speedy . if it be said , that the governor might have exercised this power upon the place , perhaps it may be better that he should stay for orders from hence , than that so large a power should be used at his discretion . besides till he was reinforced from england , and pardons were sent from thence , which several imbraced to the breaking the party which had conspired and acted together , he wanted power to execute such an authority . but did not the common and statute law of the land , the civil law of the romans , or other maritime or marshal laws , afford sufficient matter for an apology , we might have recourse to the foundation of them all , and what upon emergencies superseeds all , the salus populi : to which the interest both of prince and people must give way ; whenever there is a competition . it is necessary that this should be preserved : and the law of necessity is ever held superior to forms and provisions for common cases . this indeed is duly taken by the lord hobart to be a law only for the instant time. but if it does appear that the east-india company is for the benefit of the publick ; and if the powers which it exercised by grant from the crown , were at the respective times of using them , necessary to preserve their trade or interest in those places , which they had obtained from the crown , or their own acquisition allowed by that : then this may plead their excuse for what was done in such circumstances : though indeed it be no argument that such powers should be constantly exercised for the future , without a parliamentary establishment . that an east-india company is for the good of the nation , is now past controversy , and is not only admitted on all sides ; but they who would destroy this , would be of a new one , that themselves might share in the spoils of the old. if therefore the destroying this , the taking from its credit , or lessening the powers which it has ; though the like powers should immediately be vested in another ; may indanger the loss of trade , or diminution of the english interest in india ; then 't is certain 't will be more expedient that the old company should have a supply of such powers as are supposed not to be legal , than that it should be lessened in any respect . if this company were dissolved , then whatever advantages are gained by any treaties with the indians , or by their own prudent management among them would cease . nay whatever tends to the sinking its credit , not only makes the trade with the indians to be upon more disadvantageous terms , but gives such an over-ballance of credit to our too powerful competitors , as perhaps may not be retrieved again in some ages . the denying the english company that power , which is exercised there by others , would deprive it of means necessary to its preservation . it being impossible that a people at such distance can receive laws from hence for all emergencies , timely enough to obviate their designs , who act by full power upon the place . and the very transferring this power to another company , but newly entred upon the methods of advancing its interest in the indies , may occasion the hazarding that publick benefit , which the nation is now in possession of . nor ought it to be put upon the chance of an uncertain experiment . but what arises from the political consideration of this matter , has been already set in so clear a light , by an hand the best able , that for me to add any thing further , might be but the casting cold water upon arguments , which could not otherwise fail of maintaining a warm impression in the readers . if it be said , that the parties over whom this power has been exercised , were english-men , and carry the rights of such along with them . 't is certain , these cannot be enjoyed in all places ; for then they would have the same in the dominions of other princes , notwithstanding the local allegiance due by the law of nations , by reason of protection , according to their respective laws . if men will venture their lives and fortunes beyond the protection of the english laws , 't is at their own peril , and they must submit to the consequences of it ; and what those consequences may be , will the better appear if we consider the nature of those places from whence the questions arise . they had been granted to the company from the crown , reserving the soveraignty : and were either . such plantations or colonies as king c. . had with his queen , formerly belonging to the king of portugal ; which being the king 's in his personal capacity , and never annexed to the crown of england by any act of parliament , were evidently no part of the dominion of england . . such as were gain'd by primier occupancy , as not being prepossess'd by the subjects of any other government . . acquired by conquest absolute , or upon terms . . by purchase for goods or mony , or by the way of exchange for lands or territories . that of purchase , may fall indifferently under the same consideration either with absolute conquest , or with that upon terms ; according to the nature of the purchase , or thing purchased . occupancy , under the same with absolute conquest ; because there were none to make terms for themselves . and if the agreements between the conqueror and the conquered have the force of laws , by parity of reason where there is no agreement , as in places gain'd by occupancy or absolute conquest , the prince's pleasure sufficiently declared and made known , will have the same force . though the soveraignty of what subjects gain by the sword , or purchase , accrues to the prince ; it is not so clear , that the prince acquires for his subjects ; for then that acquistion which w. . made by his victory over harold would have rendred england an accession to normandy , as our present soveraign's victory over j. . would have subjected england to the low countries . if indeed an absolute conquest , leaving no property to the natives , were carried on at the charge of a nation , or of any body politick , or single persons , such would have a fair pretence to a legal interest or share in the soil , though not in the soveraignty . but when the king gains a soveraignty , where the people in general have no pretence of interest in the property , it may be a question whether the laws of property here , and for securing liberty , which follows that , can be of any force there . and whoever transplants himself without any property , must be presumed to submit to the laws and customs of that place where he expects to gain one . the only question material here , as giving light to the rest , is , what , according to our law , is the effect of conquest upon terms ; that in such case the former laws and customs of the conquered country remain , if stipulated for , appears from the nature of the thing , and is confirm'd by our law ; of which wales affords a plain instance : that anciently had been feudatory to england , and afterwards conquer'd by e. . that which is called the statute of snodon or ruthland is manifestly no act of an english parliament , but an agreement between the king and them ; wherein he approv'd and allow'd of some of their old laws , and alter'd others by the advice and consent of his peers that were with him at snodon ; which being in wales , 't is not likely that an english parliament should be summon'd thither ; nor are any footsteps of one to be found . nay , though wales was afterwards by act of parliament incorporated and annex'd to the realm of england , and it was provided that they should enjoy all rights , laws , and liberties , as the subjects of this realm , notwithstanding any act , statute , or usage to the contrary : yet it has been held , from the title of the act , that many welsh customs remain , the english form of ministring laws and justice being observed . but there was no question but till the making that act , all the welsh laws and customs allowed at ruthland were in full force . and this , tho wales had been conquered at the expence of the english nation ; ( which cannot be said of any part of the indies ) and is by the statute of ruthland declared to be united to the crown of england , as a part of the same body . and whatever english-man went to inhabit in wales before the act of union , particularly introducing the english laws ; though he were within the king's dominions , yet was he subject to the laws and customs of wales . nay farther yet , w. . gave power to several of his great lords to conquer what they could from the welsh nation . of which , to use the words of the learned judg doderidge ; the said lordships and lands so conquer'd , were ordain'd baronies-marchers , and had a kind of palatine jurisdiction erected in every one of them , and power to administer justice unto their tenants in every of their territories ; having therein courts with divers priviledges , franchises and immunities : so that the writs of ordinary justice out of the king's courts were for the most part not currant among them . nevertheless , if the whole barony had come in question , or that the strife had been between two barons-marchers , touching their territories or confines thereof , for want of a superior they had recourse unto the king their supream lord. and in these and such like cases where their own jurisdiction failed , justice was administred to them in the superior courts of this realm . i find a memorable record of this matter , . e. . before the king in council . gilbert of clare , earl of glocester , who claim'd to hold his lands in glamorgan , sicut regale quidvis , as any thing royal , or any royalty , by order of the king was required to answer a suit or complaint against him . but he pleads that he holds those lands , of his own and his ancestors conquest : by reason of which he conceiv'd that he ought not to answer any one for any matter from thence , without the judgment of his peers of england , and of the marches of wales ; who use the same liberties in their welsh lands . and i find it rested here . in the th of the same king , in the great case between the earls of glocester and hereford : a jury of peers and others being summon'd ; the peers not only refuse to be sworn , as being against their priviledg , but say , no like royal mandat ever came into those parts for causes concerning the marches , to be tried otherwise than according to the vsages and customs of those parts . thus it appears that not only the king 's , but the subjects conquests , enjoyed their peculiar laws and customs . as i know not that i ever opposed any royal prerogative warranted by antiquity or immediate necessity : neither do i , that i have here advanced any , not so warranted . but if both common and statute law , yield such countenance as i have shewn , for the king 's prohibiting to trade to particular places , all but such as he thinks fit , upon the penalty of forfeiting ship and goods ; and that this forfeiture may be taken , at least under the admiralty-jurisdiction granted to the company : if martial law in relation to fact arising beyond the seas , may be exercised according to the rules of the civil law , and it appears not that the company have gone beyond those rules : if yet farther the rights and priviledges of english-men may receive alteration , according to the place to which they come , though within the king's dominions ; then to punish any member of the company , for procuring or acting under such powers as have been complained of , may seem very hard . appendix . a commission for martial law , granted to a governor chosen by the east-india company , eliz. elizabeth by the grace of god , queen of england , france and ireland , defender of the faith , &c. to our trusty and well beloved james lancaster esq ; greeting . whereas divers of our loving subjects have been humble petitioners unto us , for our royal assent to be granted unto them , that they at their own adventures , costs and charges , as well for the honour of this our realm of england , as for the increase and advancement of trade of merchandize within the same , might adventure and set forth certain voyages to the east-indies , with a convenient number of ships and pinnaces by way of trafique and merchandizing . we graciously inclining to their humble petition in that behalf , and favouring so good a desire and honourable enterprize , have been pleased to give license to our said subjects to proceed in the said voyages ; and for the better enabling them to establish a trade into and from the said east-indies , have by our letters-patents , under our great seal of england , bearing date at westminster , the last day of december last past , incorporated our said subjects by the name of the governor and company of the merchants of london , trading into the east-indies , and in the same letters , patents , have given the sole trade of the east-indies for the term of fifteen years , with divers priviledges and immunities mentioned in the said letters patents , as therein more at large it doth and may appear . and whereas by virtue of our said license and letters-patents , so by us granted to them , they have prepared and furnished for this first voyage towards the east-indies , four several ships , with a convenient number of merchants , mariners , and other our said subjects , to be used and imployed in the said voyage , and have chosen you the said james lancaster to be the principal governor or general of all the said merchants , mariners , and other our said subjects , which are or shall be shipped in any of the said ships : we graciously favouring the said enterprize , and approving and allowing of their choice of you to the said government , being desirous to furnish you with all sit and convenient power and authority to rule and govern all and every our subjects imployed in this voyage , by a due obedience to be by them yielded unto you in the observing and executing of all good orders and constitutions , as you shall think convenient to ordain and appoint , for the furtherance of the said voyage , to the honour of us and our realm , and for the advancement of the said trade . we do hereby straitly charge and command all and every person and persons , imployed , used , or shipped , or who shall be imployed , used , or shipped , in this voyage , in the said four ships , or any of them , to give all due obedience and respect unto you during the said voyage , and to bear themselves therein one towards another , in all good order and quietness , for avoiding any occasion that might breed mutiny , quarrels or dissention amongst them , to the hinderance of the good success which is to be hoped for through god's providence of the said intended voyage , and in default of such duty and obedience , to be performed towards you , and for the correction and quenching of such mutiny , quarrels or dissentions that shall or may grow or be moved by the disorder , evil dispositions , or perverseness of any of the said persons : we do hereby authorize you , to chastize , correct and punish all offenders and transgressors in that behalf , according to the quality of their offences , with such punishments as are commonly used in all our armies by sea , when the offences are not capital ; and for capital offences , as wilful murder , which is hateful in the sight of god , or notable mutiny , which is an offence that may tend to the overthrow of the said voyage , the same being truly and justly proved against any of the person or persons aforesaid ; we do hereby give unto you full power and authority to use and put in execution our law , called martial law , in that behalf : and these our letters shall be your sufficient warrant and discharge for the doing and executing of all and singular the premises . in witness whereof we have caused these our letters to be made patent . witness our self at westminster , the th day of january , in the d. year of our reign . huberd . another of the same nature was granted by j. ▪ in the ninth of his reign . finis . notes, typically marginal, from the original text notes for div a -e introduction ▪ first charge . second charge . first seizing ships and goods . false mediums formerly used . of liberty of commerce . vid. justni . inst . de rerum div . lib. . ● inst . fo . . vid. hosmanni lexicon tit. com. commers . vid. justin . cod. lib. . tit. . no monopoly . the king's power to prohibit persons from going out of the kingdom not restrained to particular persons . n. brev. ne exeat regum . dyer . fo . ● . ● . r. . c. ▪ vid. infra . ed. . vid. rolls ab. tit. prerog . the king's power in erecting societies for trade and restraining others . jac. . c. . h. . c. . rolls f. . the king's power in relation to staples . vid. . h. . sup. vid. . e. . n. . . e. . n. & . . h. . e. rot. parl. interpet . com. . vid. infra . e. . c. . e. . n. . e. . clause . e. . n. . d. special license , notwithstanding a general restraint . e. . n. . ●●st . f. . e. . c. . the inference . the king's power to prohibit even staple-wares . pat. e. . m. . de neg●tils mercat . fland. the king's power to prohibit commodities not of the staple . rot. parl. . h. . . h. . c. . no such liberty of foreign trade at common-law , as men fancy . v. . i. . c. . v. . h. . con . firmed . e. . made perpetual . h. . c. . altered , . c. . c. . . ed. . n. . d. victualia . . ed. . n. . d. . e. . rolls tit . prerog . the statutes express or imply the king's power of prohibiting . magna charta c. . pat. . h. . m. . de mercatoribus venientibus in angl. . e. . c. . vid. sup . p. . . e. . c. . . e. . n● . pet. com. . e. . e. . c. . r. . c. . mem. in horn. & jvy's c. . synderf . fo . . it is held by some that at common law the king might prohibit the importing of goods : and if it be done contrary to the prohibition , the ship which carries them shall be forfeited . but this is falsly supposed to be altred by these two statutes . car. . c. . the act for the encouraging navigation , car. . c. . the king's power of prohibiting upon pain of forfeiture . e. . m. . dorso . e. . c. . e. . c. . vid. e. . f. . vid. s . . b. e. . n. . d. so. e. . n. . d. clause e. . n. . the king having power to prohibit , the forseitures incurred by the marine laws , take place . hoveden f. . vid. crook car. s . . ib. s . . h. . n. . ld. admiral tient ses courts sur mer ou costs de mere etnemi deins franchise ne vill . pryn's animad . on the th inst . rot. pat. . e. . no. . selden's mare clausum . pat. . h. . . e. . so . . b. mare claus . f. . pryn. upon the th , inst . fo . . rot. parl. . th . n. . , h. . . d. laws of oleron , c. . zouch de jure maritimo , p. . ●i res illicitae in navem positae sunt , navis fisco vindicatur . * just . cod. lib. . ●it . . comparandi serict a barbaris facultatem omnibus , sicut jam praeceptum est praeter comitem commerciorum etiamnum jubemus auferri . n. all that were not of the roman empire or grecians , were counted barbarians . so foreign trade , or trade with foreigners prohibited . † codex . lib. . tit. . n. . mercatores tam imperio nostro quam persarum regi subjectos , ultra ea loca in quibus faederis tempore cum memoratâ natione nobis convenit nundinas exercere minime oportet , sciente utroque qui contrahit , species quae preter haec loca fuerint venundatae vel comparatae sacro aerario vindicandas , et praeter earum rerum et pretii amissionem quod fuerit numeratum vel commutatum , exilii se paenae sempifernae subdendum . ‖ ib. n. . si qui inditas nomination vetustis legibus civitates transgredientes , ipst vel pereginos negotiatores sine comite commerciorum suscipientes fuerint deprehensi , nec proscriptionem bonorum nec paenamperennis exilii ulterius evadent . syders . f. . second charge of power over life . charter fo . . r. . stat. . c. . . e. . f. . al fet set hors de jurisdiction de c●inz ou hors de realm si come a paris ou aillours oustre mier jeo ne deit respond . vid. the comis . to earl rivers , . e. . ab antiquo , viz. tempore dicti domini gulielmi conquestoris progenitoris nostri seu● aliquo tempore citra , &c. summarie et de plano et sine strepitu et sigura judicii . vid. spelman glos . tit . constab . h. . f. . h. instit . s . . petition of right , car. . vid. rush . hist . col. append. f. . vid append. object . answ . . vid. crook . jac. s . . no treason can be pardon'd but by express words mentioning it . n. they were not discharged from this till afterwards . object . . necessitas est lex temporis scilicet instantis . hobart . the obection from the consideration of being english-men , answered . n. anno . vpon a referenc● to the judges by the house of lords concerning the canary trade , they declared , that though the canaries were the dominion of the king of spain , they were no part of the dominion of spain . vid. stat. of ruthland , . e. . practi●● walli● . vid. vaughan of process into wales . f. . n. the title in keebles collection is wrong . vid. dyer . b. m. . e. . coram domino rege rot. . gilbertus de clare comes glouc. qui clamat tenere terras suas in glamorgan ficut regale quidvis , &c. placita parl. . e. f. . notes for div a -e vid. commission . jan. . jac. . his majesties declaration to the ministers, freeholders, farmers, and substantiall copy-holders of the county of yorke assembled by his majesties speciall summons, at heworth moore, neere the city of yorke; on friday, the . of june, . england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) his majesties declaration to the ministers, freeholders, farmers, and substantiall copy-holders of the county of yorke assembled by his majesties speciall summons, at heworth moore, neere the city of yorke; on friday, the . of june, . england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) york: printed by robert barker, printer to the kings most excellent majesty: and by the assignes of john bill: and reprinted at london, for john sweeting, at the angell in popes head alley, [london] : . explains reasons for delay, and for his coming to the north. declares his attitude towards the protestant profession, is equally against papists and separatists. .. a guard is necessary. -- steele. reproduction of the original in the british library. eng prerogative, royal -- great britain -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- militia -- early works to . yorkshire (england) -- history -- th century -- sources. a r (thomason .f. [ ]). civilwar no his majesties declaration to the ministers, freeholders, farmers, and substantiall copy-holders of the county of yorke. assembled by his maj england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties declaration to the ministers , freeholders , farmers , and substantiall copy-holders of the county of yorke . assembled by his majesties speciall summons , at heworth moore , neere the city of yorke ; on friday , the . of june , . wee would have you to be assured that we never intended the least neglect unto you in any former summons of the countrey , our love , as well as our protection , extending to all our subjects ; but as you are a great body , time and conveniency must be observed in your assembling . that you may know the generall reasons of our being here , you must understand , that when we found it neither safe nor honourable to expose our person to the tumultuous and licentious proceedings of many ( which to this day are unpunished ) who did disorderly approach neere our court at whitehall , we trusted this part of our dominions chiefly to reside in ; where , as most of the gentry already have , so we assure our selves the rest of you will give us cleere testimony of your service and obedience , which we will never use otherwise then for the defence of the true orthodoxe religion professed and setled in queen elizabeths time , and confirmed by the authority of the statutes of this realm , the defence of the laws and fundamentall constitutions of this kingdome ( as the justest measure and rule of our prerogative , and your liberties and rights ) and lastly , for the preservation of the peace of this kingdome . as for our own zeal to the protestant profession , we refer all the world to our daily exercise of , and our declarations concerning it , and execution of the laws against the papists ; so likewise we cannot but declare our selfe most heartily sorry to finde such separatists and schismaticks , who presume , against law , to foment new doctrines and disciplines to the disturbance of church and state . for the law , it being the common inheritance of our people , we shall never enforce any prerogative of ours beyond it , but submit our self to it , and give you , and all our subjects the fullest latitude of it , both for the liberty of your persons , and the propriety of your estates . and for an inviolable confidence and assurance hereof , as we take god ( the searcher of all hearts ) to witnesse our reall intention herein , so we shall no longer desire you to stand for the defence of our person , honour , and just prerogatives , then we shall maintain the laws of the land , the liberty of your persons , and the propriety of your goods . and for the cleere understanding of our resolutions to maintain peace , we may have the confidence and happinesse to refer ( against all malignity whatsoever ) to our former sixteen yeares reign ; ( too long to dissemble our nature ) if in all this time wee never caused the effusion of one drop of blood , it must needs be thought , that in our riper judgement in government , we should never open such issues as might drown us and our posterity in them : but we are sure to have no enemies , but in the defence of the true protestant profession , the right of the established laws , and for the preservation of peace : and certainly all these must be all yours , as well as our enemies . and to the end that this present posture wherein we meet , should not affright you , with the distempers of the times , the example of the two houses having made us prepare for a guard to us and our childrens persons , we wish ; you to looke into the composition and constitution of it , and you will finde it so far from the face or feare of war , that it serves to secure you , as well as us , from it : for our choice is of the prime gentry , and of one regiment of our trained bands , which cannot be thought to oppresse the countrey ( being their own ) nor war with themselves . and we further assure you , we never intended to use foreigners or disaffected in religion : and that you may fully assure your selves of our sole dependancy upon the love and service of our own people , to live and die with them . we have armed these our subjects ; which had been most irrationall , if we had ever intended to have used strangers . and farther , you may perceive that we receive none , but such as stand cleere in loyalty and religion , for which reason we have caused the oathes of allegiance and supremacy to be given them . likewise , to prevent any distempers at home , we have , and shall put the trained bands of all this our kingdome under the command of persons of honour , confidence , and affection to their countrey ; straitly charging , upon their allegiance , no officer to accept any command in them , nor souldiers to obey any save such as are authorized by vs . and for the prevention of any innovated power over you , you shall have vs here to govern you , and the souldiory to protect you in peace , and to relieve you against all oppressions ; for that , as we have told you before , must arise from some great violation ( which we hope god will prevent ) and not from this preparation of our subjects . therefore let none of you be affrighted with vain feares ; if such a warre should follow , it followes the authors home to their owne doores : and such ( by the confidence of our person with you ) we assure our self you are not . here we had left you to your fidelity and duty , had not some malicious insolence in our former meetings sent forth most presumptuous summons , deceiving our people , and presuming upon our royall authority ; and these present themselves as great defenders of religion , peace , and liberty ; whereas they become infectious , and contagious to the people , seducing them into vaine fancies and delusions , as may appeare by their warrants which we could trace to some pulpits , as we are credibly informed : and you see it were just in vs , to punish these as authors of sedition , but that it would be too great a favour , for it would honour them with the title of martyrdome , for gods cause , as they vainely pretend : but you may now see from whence this spirit comes , that would make vs to be in the act of destruction of religion , our person a disturber of the peace , and ready to introduce slavery . these here are all the forraign forces we have , or ever shall intend to have , to act these great designes , notwithstanding the vaine feares hitherto imagined . so that you see it is high time that these fancies were dispersed and driven away , that we might be repaired in honour and interest , and you enjoy the blessing of peace and happinesse ; the advancement whereof shall be our study and comfort : and therefore we shall ( when you shall thinke it a convenient time ) ease you in the number of the trained bands : and for your billet-money , it had beene long since paid , but that no part of the subsidies ( which we passed for that purpose ) came to our hands , and shall not be wanting in any thing that lieth in vs for the full satisfaction thereof : and shall make our grace and bounty to you answerable to your best fidelity and loyalty , as occasion shall be offered to vs . york : printed by robert barker , printer to the kings most excellent majesty : and by the assignes of john bill : and reprinted at london , for john sweeting , at the angell in popes head alley . . anglo-tyrannus, or the idea of a norman monarch, represented in the paralell reignes of henrie the third and charles kings of england, wherein the whole management of affairs under the norman kings is manifested, together with the real ground, and rise of all those former, and these latter contestations between the princes, and people of this nation, upon the score of prerogative and liberty. and the impious, abusive, and delusive practises are in short discovered, by which the english have been bobbed of their freedome, and the norman tyrannie founded and continued over them. / by g.w. of lincolnes inne. walker, george, of lincoln's inn. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) anglo-tyrannus, or the idea of a norman monarch, represented in the paralell reignes of henrie the third and charles kings of england, wherein the whole management of affairs under the norman kings is manifested, together with the real ground, and rise of all those former, and these latter contestations between the princes, and people of this nation, upon the score of prerogative and liberty. and the impious, abusive, and delusive practises are in short discovered, by which the english have been bobbed of their freedome, and the norman tyrannie founded and continued over them. / by g.w. of lincolnes inne. walker, george, of lincoln's inn. [ ], p. printed for george thompson at the signe of the white horse in chancery lane, london : . dedication signed: george walker. annotation on thomason copy: "decemb d". reproduction of the original in the british library. eng monarchy -- great britain -- early works to . normans -- england -- early works to . prerogative, royal -- england -- early works to . great britain -- history -- henry iii, - -- early works to . great britain -- history -- charles i, - -- early works to . a r (thomason e _ ). civilwar no anglo-tyrannus, or the idea of a norman monarch, represented in the paralell reignes of henrie the third and charles kings of england,: whe walker, george, of lincoln's inn c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion anglo-tyrannus , or the idea of a norman monarch , represented in the paralell reignes of henrie the third and charles kings of england , wherein the whole management of affairs under the norman kings is manifested , together with the real ground , and rise of all those former , and these latter contestations between the princes , and people of this nation , upon the score of prerogative and liberty . and the impious , abusive , and delusive practises are in short discovered , by which the english have been bobbed of their freedome , and the norman tyrannie founded and continued over them . by g. w. of lincolnes inne . nihil medium libertas habet , quae aut tota est , quod debet , aut amissa parte sui tota fuit , et extinguitur : quam ideirco non ignavis , neque brutis , & ad serviendum natis , sed erectis animabus deus immortalis conservandam tradit . heinsius orat . . — iustitia , pietas , fides , privata bona sunt , qua juvat reges eant . london printed for george thompson at the signe of the white horse in chancery lane . . to the right honourable the lord president bradshaw . my lord , though i may seem bold , i am not so blind , but that i perceive your lordship taller by the head than most i can set by you , and so come for patronage in hopes of a favourable smile , being sure to have frownes enough from them , who not able to look over the heads of others , croud as it were hood-wink'd after those that goe before them . it was the ancient practice of enslaved rome , after death to deifie her tyrants , and this her badge of slavery we in england have long worn as a livery of our bondage ; whose kings ( when dead ) must be of famous , and blessed memory , though they liv'd most infamous for cowardize , and detestable for tyranny ; and though this was acted to flatter their successors at first , yet by custome it hath so prevailed , that notwithstanding the cause is now taken away , the effect remains among the multitude ( to whom logick must give place in their irrationall actings ) and from a naturall necessity is become a divine institution ; so that immortall , as earthly crownes are givem them iure divino , to dye saints , as they live kings : indeed rome may have somthing pleaded in her excuse , for she had her infernall gods , whom by sacrifice she endeavoured to appease from doing mischief , so little inferiour was her superstition to her slavery , which was as great as tyranny could create . i know our royall idolaters will lay hold of the horns of this , de mortuis nil nisi bonum ; but it can afford them little safety , and me lesse danger , whom the metaphysicks have taught , that bonum & verum convertuntur , that j cannot write good , unlesse j write truth ; thus what they have taken for their shield , is the dart which pierceth their liver , and by what they would ward off , they are smitten with the blow of high-treason , themselves being the only and grand transgressors against the majesty of history , whose prerogative it is not onely to reward the good , with honour and renown , but also to punish the evill , with ignominie and reproach . the case standing thus , i am assured of your lordships protection , against all storms such inchantments may raise against me , whose rationall eye being able to pierce these foggs doth perceive what hath so long been invelop'd in the mist . thus my lord , having looked aside at selfe , yet i constantly kept your lordship in my eye , , and your honour stood fore-right , my safety but on one side in my choice , not out of presumption that my weak endeavours could adde any thing to you , but in assurance that others seeing what profit they have received , what misery they have escaped in the book , will return to the dedication , and with honour read your name , who have been so great an iustrumet under god of their deliverance . god hath chosen you to judge between a king and a people , and your sentence hath shewn you are sufficiently informed of what this discourse treats : yet as a pharos may be usefull to delight a man with the prospect of those rocks , shelves , and sands he hath escaped , to whom it was a sea mark to guide safe into the port ; so may your lordship with comfort cast your eye upon the ensuing discourse , viewing the dangers you and all good patriots have past , especially having had so great an hand in the steerage into the harbour . and now give me leave to mention your worthy acts , that it may be known i am not unmindfull of a good turn , it is the onely thanks i am able to repay in the behalf of my conntrey and self : i know some will be apt to condemne such an action as savouring of flatterie , but the most free from that vice , the most severe , the most rigid in the school of vertue , a cato himself hath done the like , and that not onely upon the score of gratitude , but to encourage and incite to further gallantry , and the most censorious of them may perchance perceive their own black shadows by your light , and from your example take out a new lesson of duty to their countrey whom they ought to serve before themselves . you have undauntedly stood the shock of what ever slavish malice could bring against you , and have been eminent in vindicating the right god and nature invested the nation with from the power of usurping tyranny , no counterfeit rayes , no glittering impostures gilded with pretences of sacred , and majestick have dazzeled your eyes , but with a steddy and impartiall hand you have guided the scale of justice , wherein that bubble of worldly honour hath been found too light to counterpoise those sinnes of murder and oppression , which brought such heavy judgements on the land , whose yo●e hath been broken , whose guilt hath been removed in a great measure , by having justice executed without respect of persons . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} saith the philosopher , to do good to one is honourable , to a nation is heroicall ; to perform the first , is the private mans duty , to be able to do the latter is the publick magistrates divinity . god hath not onely given you power , but a mind also to employ it well , you have been good as wel as great , and god hath preserved you , & honored you in your integrity , of which we have received such sure signs , that it must argue us more severe than just , more suspicious than charitable , but to doubt that the honour of god , the good and freedome of your countrie shall not still possesse the first part of your affections , and be the ultimate end in all your actions , that so the goodwill of him that dwelt in the bush being with you and your fellow builders may enable you to perfect the great work of reformation to his glory , your own honours , and the happinesse and freedome of this nation , all which are uufeignedly desired by him who craving pardon for this bold approach as by duty obliged subscribes . my lord your lordships most humble servant george walker . to the reader . he must rise betimes ( saith the proverb ) who will please all , which may cease our wonder that the common-wealth is so displeasant to some , which hath gotten up so late , yet better late than never . but though some dotarts square all by antiquity , supposing none so wise , which are not so old ▪ and guesse at the understanding by the gray hairs , which in truth are rather a badge of imperfection , and the declension of nature , and which came into the world at the back doore , being a part of that fatall offspring begot between the serpents craft , and our first parents disobedience : i speak not this in scorn of age , which i honour when found in the way of righteousnesse and truth , nor in deniall of its advantage over youth by experience , but to oppose that errour spred amongst many that all wisdome deceased with their grandsires , and they are onely to travell in their tracks , an opinion more agreeable to a pack horse , than a man endued with a rationall soul , which is not to lie idle , and which indeed the word of god , and universall experience which even make fools wise contradicts , the one infallibly declaring that in the latter dayes the spirit of truth shall more abundantly be poured forth into earthen vessels ; the other visibly informing us of the daily advantages we have above our ancestors to attain knowledge ; for admit they were such g●y ants in understanding , yet we poore dwarfes being upon their shoulders may see further than they : but i say though some doe thus , yet the sons of reason measure by another standard ▪ as knowing that if worth should be prised by antiquity , the rotten would becom of more value than the ripe , to such therefore do i present this discourse , who judge by reason , not passion , which so often makes the crow seem white , the bells to tink as the fools do think : and in confidence reader that thy ingenuity is such that no byas of interest will wheel thee narrow , and thy capacity able to draw thee from running wide of reason , the only mark men in civil games should bowl at , i have taken the pains to present thee with a map of englands condition under her monarchs , wherein thou mayst view how justly magna charta is cast in our governours teeths to beget a belief of their being more tyrannous than our kings were : admit it be not observed in every tittle now , what are we the worse , when some fresher and more apposite remedy is applyed to heal us ? let us consider that it was constituted under another government , and so cannot square to the present , and that the makers of it were but men , nay and such as had not that roome to act in as we have , and so could not foresee or at best provide for all that now providence hath wrought amongst us : but i shall not detain thee with a long preface from the book , wherein an ingenuous and rationall spirit will discern , that if our present governours had been bound up to former rules , we could never have attained that estate which now by gods mercy and their prudence we enjoy , and may so still if our own perversnesse hinder us not . truly that fahle in pliny of certain monstrous people in africk which had one foot , and that so big , that they covered and shaded with it their whole body , may be a perfect embleme of our kingly government , which being at first instituted for a firm basis and prop to the body politick , what by the fatall sloath and stupidity of the people , and the industrious craft , and activity of monarchs was turned topsie turvie , and had got so between heaven and us , that it wholly deprived us of that free light and happinesse which god and nature held forth unto us ; and thus in stead of a support was become a burden under the weight of which the whole groaned , nay was almost pressed to death ; but thou being a member and sound , canst not but be as sensible of this as i , and for dead slesh and rotten limbs , corrosives , and cuttings are onely proper , it will be weaknesse in me therefore to doubt of the plaudit to the common wealth , so farewell till we meet in the book . anglo-tyrannus , or the idea of a norman monarch &c. fatall and bloody have crowns , and scepters been in generall to all nations , in particular to this in england , and that not only in regard of the strife between competitours , who in pnrple gore deeply dyed their regall roabs , and by the slaughtered carcasses of their rivals , and partakers , ascended the imperiall throne , but in respect of the iterated contests between prerogative , and liberty , the kings aiming at uncontrolable absolutenes , the people claming their native freedome . the verity of this assertion we may see deeply imprinted in bloody characters , throughout the whole series of english history , yea so deeply , that it may even create an envy in us of the turkish happinesse , and beget a wish after their bondage , who though they go for absolute slaves , yet cannot shew such dire effects of tyranny , as we and our ancestors have felt and groaned under . that policy of state ( impious and inhumane enough ) of destroying the younger brothers of the ottoman line , though decried by us and all who write christians , yet compared with our monarches politick arts and actings , may seem to have been founded on the advice of their own , and mankinds better genius to prevent the efusion of blood , and deliver millions from the shambles ; there a few males of his own family fall a victime to their tyrant , when whole hecatombs can scarse appease the thirsty ambition of an english pretender ; ther one house suffers , here none escapes , as but to instance in one contest between henry the sixth and edward the fourth , wherein was fought ten bloody battles , besides all lesser scirmishes , thousands of lords , gentlemen , and commons slaine , and one halfe of the nation destroyed , to set up a king to trample upon the other ; for in that quarrell between the houses of lancaster and yorke fell . persons , . kings , . prince , . dukes , . marquesses , . earls , . viscounts ; . lords , . prior , . iudge , ▪ . knights , . esquiers : this hath been the happiness and peace which a successive , and hereditary monarchy hath afforded england . for our liberty , we can indeed shew many of our kings large , and good deeds , but few or none of their actions , their hands alwaies having been too hard for their seals , parchments , and charters we purchased of them with the price of millions , both in blood , and treasure , but let us but pass by their promises , and view their performances , and we may set aside turkie , and term england the slave : and this appears in our chronicles , where though in the theorie and system the english government hath been limited , and bounded by good , and distinguishing lawes , yet in the exercise and practic part of every kings raign , we shall find it deserve as bad a name as others , who are called most absolute . the poets fable of tantalus hath been verified in us , who though we have been set up to the chinne in freedom , and have had liberty bobbing at our lips , yet never could we get a drop to squench our thirsts , or a snap to stay our stomacks , this being added to our sufferings , to want in the midst of seeming abundance , and as the vulgar have it , to starve in a cooks shop , a trick those lords we term absolute were never ingenuous enough to torment their slaves with . were there then no more but this , we might well command those roman and turkish tyrants with a cede majoribus , to give place to ours : how much of a punie did thy wish savour dull caligula , that all rome had but one neck that thou mightest smite it off at a blow ? how short of art doth thy rage fall unskillfull sultan with a bowstring or scymiter to snach life from an offending slave ? behold , and blush you who weare the title of master tyrants , at the norman exactnesse , which hath thought it beneath a princes anger to give sudden death a quick riddance , and not worth the name of slavery unlesse he can make his vassals feel the lingring effects of his tyranny : it was not enough for us to be slaves unless we knew it , lest otherwise not desiring freedom , we should not have been so sensible of their power ; we must with erasmus be hung between heaven , and hell , that we might see our losse as well as feel it ; but yet this was not enough , something must be added to make their tyranny most exquisite , for we could not enjoy this condition unlesse we paid soundly for it ; how many battles have been fought for a piece of parchment to instruct us but with our miseries ? and how many millions granted to our kings but to play the hocus-pocusses and cheat us to our faces . happy and thrice happy may england call the condition of turke , russe , or moor , who depending only upon their tyrants wils , know no law but their commands , a head now and then paies the shot there , when two and twenty of the chiefest lords heads must off at once here , besides thousands of gentlemen and commons butchered , for but acting according to those lawes which their king and his predecessors had an hundred times sworn to grant , and maintain inviolable ; as but to instance in the raign of edw. . omitting the innumerable carcasses of englands noblest sonnes , which have bin so often forced to rampire in parchment liberty from the fury of other tyrant , and as their last wills to deliver a few writen charters to their sons , who were also to fight , and pay for them as they did , and be as much the better then too as they were : for to sum up all , these our so dear liberties were of no other use than to drein our purses as well as veins , that when englands generous bloud seemed encreased too to tamely suffer norman lords to trample on her upon this pretence it might be let out ; or when her kings wanted mony , they might by these lures draw subsidies to their fists , and so hang them by till the next occasion ; but i humbly conceive that if our ancestors had taken that course a naturall once did , when he was chosen to judg between a cook , and a country-man , and as their kings fed them with a sight of liberty , supplied them againe with chinking of money , & have executed justice without respect of persons , they had in all probability diverted those plagues , which the crying sins of oppression and murder have brought down from heaven upon this nation . but let us descend from generalls , and view but the raign of henry the third , the very idea of tyranny , and exact copie after which all other kings have writ , especially the last , and we shall not only behold the map of our ancestors miserie , and folly , but also perceive our own happinesse , and gods mercie in not suffering us to be deluded and baffeled as they were . in the midst of the civill flames kindled between tyranny and liberty , king iohn expiring , his sonne henry the third , a child of nine years of age , by the power of william marshall earl of pembrook , and the consent of most of the barons , ascends the throne : and here we may observe the unadvised lenitie of the english lords , who not considering what was bred in the bone would not easily out in the flesh , so easily accepted of the sonne , though the father had plaid the tyrant , and traitor to the height , giving the crown to the pope ( he would be a slave himself rather than they should not ) trampling upon the people , yea detesting the whole nation , as his grief because corne was so cheap when he thought he had wasted al may make out : but gods time was not come , and he was pleased to set their example to guide posterity from splitting on that rock , i mean such of them who when they have eyes will make use of them . but to say the truth they were lords , whom kings knew so well to cajole , or at worst set so together by the ears , that they could command them into their traps at list ; let but one have that earldome , the other this lordship , and their turns were served , others may shift for themselves if they can ; besides it was none of their interest to stub up tyranny by the roots , for then down had gon their branches too ; for they knew that when that tree was feld , the rooks nest , must to ground with it ; but we may be silent in this and give experience leave to speak for us . and yet let us but look a litttle further than the gilded , and embroydered superficies , and we shall perceive that these lordlings estate was but even by so much more free , and happy than the commons , by how much that king of cypresses condition was bettered , when his iron shackles and chains were converted into silver fetters : they enjoyed a little more gaudie servitude , and to speak to the capacity of our countryman were as the fore-horses in the teame , which though they weare , the feather , and have the bels about their eares , yet must draw themselves as well as those that follow ; nay and if they did seem unwilling to lead , they were sure to be lash'd by the royall carters till the bloud came , and have their gay trappings to boot pul'd over their eares : and this the wise and generous of them knew , and often endeavoured to remedy , but were still prevented by the envy and jealousie one of another , which was created and cast in among them by their kings , as partly will appeare in the following story . henry being thus crowned at glocester , and many great barons daily resorting to his party ( moved both by the proud carriage of the frenchmen , and the confession of the viscount melun , that lewis had taken an oath , and all his lords , to destroy the english nobility ) raiseth a great army , defeateth at lincolne his enemies , and forceth lewis to condescend to an accord , depart the land , and abjure his claim to the crown , which for two years he had worn over the greatest part of the land : for iohn by his tyranny so galled the peoples neckes , that for ease they were forced to get a new yoke , and elect lewis , the french kings sonne , to defend them against his cruelty , such effects wrought the violence of an unruly king , and the desperation of an oppressed people . the agreement on henrys part was to restore to the barons , and people all rights and heritages , with the liberties for which the discord arose between john , and them , to pardon al that had aided lewis , and set free all prisoners of warre , and to doe this he takes his oath , or for him the popes legat , and protectour . the protectour dyes , a man of great wisdom and valor , and who had managed affairs to the great settlement of the state : and the king is again crowned , and escuage of . markes a knights fee granted him in parliament he promising to confirm their liberties when he came of age . henry having gotten some of his fathers old counsellors about him , begins to play rex , and obtains a bull from the pope , whereby he was adjudged of age sufficient to receive the government into his own hands ( the power of making & altering times and seasons it seems being then in the romish prelats power ) and now sith he would be of age , in the parliament at westminster , the archbish. . of canterbury and the lords desire him to confirm according to covenant their promised liberties . this was impiously oppugned by some ( as princes shall ever find mouths to expresse their pleasures ) of his ministers , who urged it to have been an act of constraint ; yet at last it was promised to be ratified by the king , and so by that usual shift of prolongation was put off for that time , to the greater vexation of that following ; for this all his raigne caused the imbroylments , rendred him odious to the people , and made him a far lesse king by striving to be more than he was , a just reward of violations . but this pause turned the bloud , and shewed how sensible the state was , in the least stoppage of that tender veine : for the lords began to assemble at leicester , but the archbish of canterbury ( whom the king by fair words sooth'd into a fools paradice ) by menacing excommunication brought them in ; the king also to be even with them , demands a restauration of all those things they had received from his ancestors , and to terrifie them for the future , falls upon the chief sticklers , taking divers lordships from them , thus were they forced to sit down with losse of both lands and liberties , and such of them whose spirits could not brook the sight of the coutt abusive proceedings secretly to jogge away into the countrey . the royall gamster having dealt so well for himself , yet on the sudden is put to his trumps , yea forced to shuffle , and cut too ; money is wanting to maintain his wars in france , and this his ranting counsellours cannot help him too ; they who were so high in the last parliament , are fain now to lower their sails , the lions hide must be patched up with the foxes skin , he must promise and do any thing for present cash : a parliament therefore is summoned to westminster , and of them a relief demanded , but no pennie , without a pater noster , no money unless their liberties be confirmed ; and now necessity which makes the old wife trot , perswades henry to be so gracious to himselfe as to comply with them . thus magna charta and charta de firesta were confirmed , which though purchased before , and then entred upon and possest by the people , yet have been paid for to some purpose if we consider the sums given since , and to little or none if we sum but up the profit our landlords let us reap by them . thus the petition of right and other later acts were obtained by us , which being acts of grace were to cease when our king pleased to turn gracelesse , which he never did , nor intended to doe untill the first oppertunity , wherein a small rub called impossibility might be removed out of his way . these lawes thus obtained ; downe go the forests , and men repossess their habitations , which the norman lords had outed them of and bestowed upon wild beasts , yet more inoffensive than themselves , for if cato have any credit , we must believe kings to be de genere bestiarum rapacium , no better nor worse than ravenous beasts , and indeed that undeniable author doctor experience hath by arguments not to be disputed against confirmed that wise romans assertion , indeed the last of romans who abhorred to outlive the freedom , and honour of his country . and now if we will believe one writer , the very doggs rejoyced , being freed from the customary danger of losing their clawes ; but though the gentleman is so sanguine now , yet he afterwards becomes as cholerick , and from playing with , turns to play the very curre , barking and snarling at all those lords which stood for these lawes : o the ridiculous power of slavish flattery , working more than a brutish change in low souls , making a man out of his own mouth judg himfelf lesse deserving of liberty because less sensible of it than a dogge that will fawne and wag his taile at him who unchains him , whilst he crouches , and licks his fingers who enslaves and fetters him . but take one observation along : that as the norman conqueror first appropriated all old forests , and dispeopled places to make new ones , and still when any parcell of liberty was regained , those forest tyrannies were diminished ; so now when that norman yoak is thrown off our necks , forests and parks are broken open with it ; a certain signe that tyranny is expired now that its pulse is ceased in the main arterie . thus the historian reports the grove of bayes dyed , which was planted by augustus , when nero was executed , in whom ceased that proud , and bloody family . another parliament is called , wherein nothing was done by reason of the kings sicknesse , but only the legats unreasonable demands denyed , the pope being become more than quarter-master in england , by the kings good fathers means ; in this year also the londoners were fined marks , and the burgesses of northampton pounds ( for their former aiding lewis ) contrary to the oath and pardon passed at the agreement , as the prelates were before , who were made to pay such large sums that the legat got marks for his share . a parliament is summoned at oxford , where the king declaring himself to be of lawfull age , assumes the power of government to himself ; this he had done before by the popes bull , but it was requisite for his design to grow child again , and the pope was contented to have his bull turn calf to help his son , whom he knew might make him amends ; and now to shew what metall he was made on , he cancels and disanuls the charters as granted in his nonage , and so of no validitie . here we may behold the wretchless impudence of these royall creatures , he that had before in the eighth year of his raign , made himself of age for his own ends , yet now is not ashamed upon the same score to pretend nonage in the ninth year , wherein he confirmed both the charters : thus if the king say . is more than . the people must believe it , for it is treason no doubt to question their soveraignes words or actions , and rebellion to chop logick with him , and now this cancelling having annulled all hopes of a subsidie , he hath a new shift to drain the peoples purses , by making a new seal , and forcing all which held any thing by the old to renew their patents , fining at the pleasure of the chief iusticiarie , not according to their ability ; it seemes the old seal was under age too , and for this he had a bul , but whether from the pope , or somebody else , is the question . these perfidious and oppressive courses so incense the people , that the lords appoint a randezvouz at stamford , intending it seems to bait these buls , & by force to keep them from goring . the king is startled at this news , hearing his brother the earl of cornewall was also joyned to them , and by feare brought to promise a redresse , and so pacifies them at northampton , and buyes his brother to side with him , with his mothers dower , and all the lands in england belonging to the earl of britain , and late earl of bullogne . these are the uneven paths which necessity forces tyrants to stagger through , scraching up here , and leaving a piece there , using the rake with this hand , and the fork with that ; peter must be rob'd to pay paul ; these pilled and polled , to bribe the other : but these shifts will be quickly thredbare , by which , what is got in the hundred is lost in the shire . the king having bound himself , by his procurators at rome ▪ to the payment of tenths , it seems the pope would not do a job of journeywork for nothing , cals a parliament that the legat might demand them ; but though the legat was impudent enough to ask the question , yet the laity were so modest as to deny him ; the clergy being over-reachd by segrave one of the kings counsell consented , and found a very hard bargain of it ; for the ravenons legat exacted them at a set day , and those that miss'd it , were sure to be hit home with an excommunication . thus between the lyon and the wolf , the flock went to wrack ; for no doubt but the king had a feeling in the cause , or his counsell would never have beene so diligent in the businesse ; but all this would not do , he therefore exacts great summes of the clergy ( whom the pope could rule and would , it being his turn now ) and the city of london for redemption of their liberties , ( an excellent way to make them free , for they seldom are so of themselves , yet have they given down largely in this cause , to their honour be it spoken , and may they be so moderate as not to kick over the palle in the upshot ) and forces the iews to pay the third of all their moveables to maintain his warres he then began in france , whither he goes , leaving them to pray , that he might deal more christianly with them for the future . but his evill gotten goods thrived not , and the king , besides an infinite expence of treasure , having lost divers nobles and valiant men , without any glory returns home , bringing with him the earle of britaigne , and many poictovins , to suck up what could further be wrung from the poor people of england : and in order to this calls a parliament , wherein upon pretence and promise of sending supplyes into spain against the saracens , he obtains a fifteenth of the laity , and clergy ; but the popes turn it seems was come , who falls a cursing all that had any hand in with-holding tithes from those multitudes of strangers which he had preferr'd to benefices , and the king makes a strict inquisition after them , & forces them all to runne to rome for absolution of this horrible sin of resisting his pastors in the main work of their ministery , few of them having more english than would serve to demand their tithes but it was enough with the pope they had that , whose special care was to see the flock might be fleec'd , for teaching , that might have spoyl'd devotion to rome , which ignorance is the sirurest nurse too : a strange way to heaven that the blindest hit best . christs servants are the children of light ; sure then his holinesse must be vicar to the prince of darknesse , whose best subjects see least . a parliament also is called at westminster , which expecting deeds from him , before they would do any thing , and he not being poor enough , nor so shiftlesse as to fall to mending so soon , breaks up with a flat denyall of any money : hereupon by the advice of the bishop of winchester , sith the parliament was so drie , he fals to squeeze his own spunges , and amongst the rest his darling hubert de burgh earl of kent , and his chief iusticiarie feels the weight of kingly kindnesse , which loves a man so long as he is usefull ; but if any advantage shall accrue , it is very rebellion should affection be so saucy as to plead privilege against royall profit , and naw kenning of kingcraft , for kings to be more nice than wise . o the wretched estate of that man , who to curry favour with a tyrant , cares not how he acts , nor what he does ! aside he is thrown so soon as his great master hath served his turn on him , and being down is sure to be trampled on to some purpose by the enraged people , who in the servants misery seek a recompence for the masters tyranny ; and this hath been told us by a king and prophet long ago , put not your trust in princes , men of high degree area lye . and now the bishop of winchester is the court minion , but as he tript up the earl of kents heels ; so will he be laid on his back shortly , and the same noose he made for others , will catch the woodcock himselfe ere long ; who was returned from the holy wars abroad , to begin it seems wicked discord at home : for he shewing the king , that foraigners were the only journey-men to drive on his trade of tyranny , and fittest instruments to keep the english in slavery , causes him , who for his own ends cared neither whom nor what he made use of , to displace all the chief counsellors , and barons of the kingdom , and to bestow all places of concernment , either military or civill , on strangers . these strains of so strange and insufferable violences so exasperate the nobility , that many combine for defence of the publique , and the earl of pembroke in all their names tels the king how pernicious and dangerous these courses would prove , whom the bishop of winchester insolently answers , that it was lawfull for the k. to call what strangers he would to defend his crown , and compell his proud & rebellious subjects to their due obedience , that is , tame slavery ; the lords netled with this prelats peremptorinesse , which the king bore him out in , depart with more indignation , vowing to spend their lives in this cause concerning their liberties so much , hereupon the k. sends for whole legions of poictovins , & then summons them to appear in the parl. called on purpose to intrap them , but they were so wise as to avoid the snare , & so resolute as to send him word , that unles he would mend his manners , by the common counsel of the kingdom , they would expell both him and his evil councellors the land ; but all this avayled them not , for upon their refusall to repair to him at glocester , the king without the judgment of his court , or their peers , causes them to be proclamed out-laws , seizes upon all their lands , which he divides among his poictovins ( the panisaries that guarded and boulstered out this grand sultan and his visier basha winchester in their tyrannies ) and directs out writs to attach their bodie . but now give me leave a little to digresse , and shew how our bloud-hounds have run counter on the same foile , have acted the most of this scene in our dayes . for thus , though our king wanted not so great a stock of strangers to set up with , there being so many base spirited englishmen , which would be instrumentall in enslaving their countrey , a thing our noble and generous ancestors abhorred to do ; yet german horse were to have bin brought over to help to improve the trade , and lye for factourage of tyranny in every county . thus the earl of straffora tels the king he had an army in ireland , which might be brought over to bring england under the yoak , a counsel which cost the giver his head ; thus were swedes , danes , french , scots , irish , and dutch sent for over , and invited by the king to help him . thus the members were illegally proceeded against , the lords summoned to york , and the parliament commanded to oxford , and all that refused handled without mittens , their estates being conferred on those who would engage for tyranny , and themselves proclamed traytors and rebels , indeed these things considered , it was no marvell god was so often called to witnesse , that tyranny was not intended , and impiety used to create credulity , god mocked that men might be abused , sith no reason could be given to gain our belief , and make us give our own eyes the lye . the lords though much weakned by the revolt of some of themselves ( the king having won the earl of cornwall , and winchester with a thousand marks bought the earls of chester , and lincoln to his party ) repair into wales , at that time very sensible of their oppression and the earl of kent , to cry quittance with the k. and make amends for his former faults , breaks prison and joyns with them : hereupon the k. in person marches against them , but he is beaten , and forced to retreat with dishonor to glocester , his foraigners also being again sent against them runne the same chance , their generall and thousands of them being slain on the place , being frustrated therefore in his design of force , the king employes a fryer to cajole the earl of pembroke , general of the forces raised by the barons , but all the flatteries , promises , and threats of that crafty instrument , could not shake the constancy of that noble lord , who gallantly told him , that he feared no danger , nor would ever yeeld to the kings will , which was guided by no reason ; that he should give an evill example to relinquish the justice of his cause , to obey that will which wrought all injustire , whereby it might appeare he loved worldly possessions , more than right and honour . thus the promise of restauration of his former estate , with the addition of great lands in herefordshire , nothing prevailed with him , in whose heroik mind honour and his conntryes good were commanders in chief . no way therefore now being left but that , the king tryes what may be done by treachery , and takes a truce with them : in the mean while seizing all those great possessions which were left the earl in ireland , by his famous ancestor the earl strongbow , that thereby he might draw the earl over thither ; this design takes effect , and the earl endeavouring to regain his livelihood lost his life circumvented by treachery . thus noblest souls are soonest intrapt , who measuring others their own thoughts are the least suspicious ; but his death wrought such effects as caused the king to disown the businesse , and lay the load upon his counsellors shoulders . in a parl. at westminst. the king being plainly told his own the bishops threatning to proceed by ecclesiasticall censure both against him , and his counsellors , and seeing no way to subsist and get his ends but by temporizing , consents to them , calls home the lords , removes the strangers , and brings his new officers to account ; now the storm fals so violently , that winchester with his bastard are forced for shelter to take sanctuary , untill by large fines the king was appeased , who to get money was very ready to doe any thing . escuage is granted toward the marriage of his sister , whom he bestowed on the emperour with marks for a dowry , besides an imperiall crown , and other ornaments to a great value . the king marries elianor , daughter to the earl of provence ; a match which beside the distance of the place , was infinitely disadvantagious , having no dowry , getting a poor kindred , which must needs draw means from this kingdome . a parliament also is assembled at london , ( which the king would have held in the tower , but that the lords refused to come ) in which sheriffs were removed for corruption , and the new ones sworn to take no bribes : now the king endeavours to change his officers , and to take the seale from the chancellor , the bishop of chichester ; who refuses to deliver it which he had by the common councell of the kingdom , without assent of the same , and having carryed himself unblamably in his office is much favoured by the people . also he receives some old cast officers into favour , such was his levity and irresolution , moved with any engine to doe and undo , and all out of time and order , wherein he ever loses ground ; and goes about by the popes authority to revoke his former grants , which addes to the already conceived displeasure of the people . in another parliament , or the same adjourned , the king demands relief , and upon promise to confirm the charters , and not seek to infringe them upon any pretence , as want of the popes confirmation , &c. a thirtieth part of all moveables is granted yet upon condition that it should be gathered by four knights in every shire , and laid up in abbies or castles , that if the king performed not his promise , it might be returned , that he should leave the counsell of aliens and use only that of his naturall subjects . which being done , and to make shew on his part , some old counsellors suddenly removed , and others chosen , which were sworn to give him good and faithfull advice ( yet i hope he had a negative voice , and might chuse whither he would hearken unto them and be no king or no ? ) the parliament concluded , and with it ended all his goodly promises . for he presently hastens to dover , receiving a legat without acquainting the lords with the cause of his comming , exacts the subsidie contrary to order , is wholly swayed by the counsell of his queens vncle an alien , sends for his father in law to help away with his monie , marries simon mountford to his sister the widdow of william earl of pembroke , a professed nunne , and of a banished frenchman makes him earl of leicester : but the legat and earl of leicester proved better than was expected ( no thanks to the king , who doubtlesse was no prophet ) the one endeavouring to pacifie , not foment divisions , which before was held a property inseparable from his office ; the other becomming a most earnest assertor of the english liberties , as the sequele will manifest . the lords incensed with these perfidious and tyrannous dealings , remonstrate against him , and tell him of the profusion of his treasure , gotten by exaction from the subject , and cast away upon strangers , who onely guide him , of the infinite sums he had raised in his time , how there was no archbishoprick or bishoprick , except york lincoln , and bath , but he had made benefit by their vacancies , besides what fell by abbyes , earldoms , baronies , and other escheats ; and yet his treasure which should be the strength of the state was nothing encreased . lastly , that despising his subjects counsels he was so obsequious to the will of the romans , that he seemed the popes feudary : the king hearing this harsh note , and perceiving the londoners and whole people ready to rise against him , first by the legat attempts to win his brother , now the head of the lords party , to side with him , but failing in this he cals a parliament , whether the lords come armed : whereupon to gain time , the businesse is referred to the order of certain grave personages , articles drawn , sealed , and publikely set up with the eals of the legat and divers great men , the king taking his oath to stand to their determinations : but whilst the businesse was debating , he corrupts his brother , and the earl of lincoln , whereby the lords are weakned , the businesse is dash'd , and the miseries of the kingdom continued . simon montford is thrown out of favour , and the seal taken from him , and his brother geoffrey a knight templer , put out of the counsel , men much maligned , as evil counsellors , so inconstant are tyrants in their favours : they lost their places for refusing to passe a grant of pence upon every sack of wool made by the king to the earl of flanders the queens vncle , to whom the next year he gave a pension of marks per annum out of the exchequer : and here by their dejection we may observe , that officers under bad princes are not alwayes so bad as men account them , and that when the master playes the wreaks , the servant bears the burden . but it seems one gulph sufficed not to swallow up the substance of the kingdom , and therefore the pope adds extortion to the kings exaction , and sends to have romans preferred to the next vacant benefices in england , which mandate so amazed the archbishop of canterbury , that seeing no end of these concussions of the state , and liberties of the church , he gives over his sea , and payes marks to the pope for his fine : we need never doubt sure but that they paid well for it who were to have it , when so much was given by him that left it . he demands a tenth also of the clergy ; who flying to the king for protection against the popes rapine , were referred to the legat : yea and the chief of them offered to be delivered up unto him by the king , who joyned with the pope we may see to aw and punish the kingdom : and though they in the councell then called stood out for a while against the legat , yet at length by the treason of division , the body of the councel is entred into , and the pope prevails in this businesse . neither was pope , and king enough , the queenes kindred must have a share , one of whose vncles comes into england , is feasted sumptuosly , knighted , and the earldom of richmond with other gifts bestowed on him , and the arch-bishoprick of canterbury conferred on his son ; but the poor jews fasted for this , who were forced to pay marks at two terms that year . the king being set agogg to be doing in france , by his father in law and others , the authors of his first expedition , summons a parliament , and moves the matter therein ; but it was generally opposed as a design not feasible and expensive , besides the unlawfulnesse of breaking truce ; money also was denyed , though the king came in person most submissively craving their aid , with a letter from the pope to boot in his hand . neverthelesse , what by gifts and loans from particular men , by begging and borrowing , he scraped so much together , that he carryed over with him barrels of stirling coin , and yet before the end of the year he got escuage toward his charges , which he lay spending at bourdeaux to little or no purpose . he sent for grain & bacon , & had quarters of wheat of oates , and as many bacons shipt away , most of which perished by ship-wrack , the very elements seeming discontented , as well as the english lords at his unworthy carriage in undervaluing their counsels , and preferring strangers , upon whom he consumed his treasure in such sort , as caused his brother and most of the english lords to desert him and come over , the wiser they , for the earl of leicester and others which staid behind , ranne behind hand too as wel as the king , by borrowing large sums to defray their expences ; at last he was driven to make a dishonorable truce with the french king , and return , having not gained so much as emptie barrels were worth . the stangers having made up their mouths of him abroad , follow him hither also , so greedy were these harpies after prey , and so easy and ready was he to be made one to them : and now the countesse of provence the queens mother bringing another doughter with her arrives at dover , is sumptuously entertained , and sent away richly rewarded ; her daughter being immediately bestowed on the earle of cornewall , who it seemes had as good a stomack to forraigne flesh as the king his brother , that he could fall too so soone without sauce ; but the earle was well beforehand in the world , and so might the better dispence with the want of a portion . next slips in martin the popes collectour , furnished with such ample power of cursing , suspending , excommunicating , pardoning ( having whole droves of blanke bulls which might be filled up according to occasion ) and all other accoutrements belonging to , and necessary for st. peters successors trade , which was fishing for money not men , that the former legats were but fleas if compared with this horseleech , who sucketh so sorely , that the king , what to pacifie the people , and what for fear nothing would be left him , should this cormorant fish on , humblie beseeches the pope , that fleece , skin , flesh and all might not be torn away , and nothing but the bones left him for his fees , but he might have had as much kindnes of a wolfe for a good word , and as soon have kept that hungrie beast from the folde by a petition , as his holinesse , who though he appeare in sheeps cloathing , hath the wolfes conditions , and is onely to be hunted or cudgeled from worrying the flocke . no doubt this tender hearted vicar had such a care of their soules , that regarding neither his owne , nor their bodies , he endeavoured to begger them if possible , in hopes that being poore they would receive the gospell ; and in truth next unto gods goodnes , the popes wickednes was the meanes of this nations receiving the truth , who by his pride and covetousnesse caused henry the th ( a king as proud as he for his heart , and in more want for his purse ) to kick him out , which was the first step to reformation of religion . yet though the king could obtain no redress of the pope , he prevails with him to lay on more loads , getting letters to the lords spirituall and temporall to help him to money in the parliament now assembled at westminster , which notwithstanding the kings personall , and popes literall entreaties , will grant none untill he give assurance of reformation , and the due execution of lawes ; they require also that peers should be chosen as conservators of the kingdom , which should be sworn of the kings counsell , see justice observed , and the treasure issued out ; that the cheife iusticiar and chancellor should be of the four , or chosen by the parliament , together with two iustices of the benches , two barons of the exchequer , and one iustice for the iewes , that as their function was publike , so might also their election be : but as the devill would have it ( sayes one ) the popes nuncio spoyls all by demanding money of them towards the popes wars against the emperour , a son in law to england , having married one of her daughters ; thus was not the pope ashamed to demand money for the king , but to sing the second part to the same tune in the same parliament , on his own behalf ; an impudency so monstrous , that we might well question it , came it not from that strumpet of rome ; and seting aside doctrine , by practice we may easily perceive , who is meant in the revelation by the whore of babylon ; but the peremptory demand received an absolute repulse , & the pope could get nothing , but they granted escuage , towards marriage of his eldest daughter , to the king , twenty shillings of every knights fee . the king also upon a light occasion makes a great and expensive preparation against scotland , and the earl of flanders thirsting after his money comes over with a ragged regiment to help , whose unnecessary presence was nothing acceptable to the barons , as if the strength of england could not be sufficient without him for that action , which was as suddainly ended as undertaken , by a faire conclusion of peace . the king assembles another parliament , which would grant him no more money , though he told them his debts were so great that he could not appear out of his chamber , for the clamour of those to whom he owed money for his wine , wax , and other necessaries of his house , hereupon he falls to other violent courses , and first he picks a quarrell with the londoners , and makes them pay marks for receiving a banished man into their city , notwithstanding they produced his pardon under the great seal , which they were told was purchased when the king was under age : thus , because the lyon would have it so , the asses ears must be horns , well fare the fox therefore which had the wit not to come to court . observe here the happy estate of our ancestors under monarchy , who , if they gained but this advantage ( though attended with many inconveniences and mischiefs , incident to all nations in their kings minority ) of receiving a few good grants , and enjoying a pittance of freedom , once in or ages when their king was too young to play rex , and there hapned a wise and honest protector ; yet were sure to pay through the nose for it afterwards with double and treble interest for forbearance . then employes one passeleave in a peremptory commission to enquire of all lands which had been dis-forested , and either to fine the occupiers at pleasure , or take them from them , and sell the same to others , if they would give more for them , and in this such rigour was shewn , that multitudes were undone , yet passeleave should have been preferred to the bishoprick of chichester for his good service , had not the bishops opposed the king therein . thus have we not seen with our own eyes , whole counties almost to be challenged for forest , and our selves like to have been forced to purchase our own estates from charles , to save our habitations from becomming the places of wilde beasts ? the lords also making bold to open the popes packet to martin , found therein such vilany , that the nuncio was forthwith commanded out of the land , who so basely had behaved himself , that he both needed , and yet could hardly obtain a safe conduct to preserve him from the violence of the enraged people ; and now the king being incensed also at the popes oppressions , or at least seeming to be so , sith his cheats were made publike , the parliament make use of the good mood he was in , and lay before him , how that italians revenues in england , amounted to sixtie thousand marks yearly , besides the popes exactions , which so moved him that he caused all to be notified , & by commissioners sent to the generall councell at lions demanding redresse ; which together with martins usage , so vexed the pope , that he endeavoured to set the french king upon his back . in the parliament holden at westminster , upon the popes rejecting the consideration of these grievances , and despising the kings messages ( saying , that he began to frederize ) it was enacted and ordained , under great penalty , that no contribution of money should be given to the pope by any subject of england , and the same confirmed in a parliament at winchester , and another at london : the king also bustles against the popes exactions , in such sort that it gave hope of redress ; but this heat was soon chill'd by the popes threats , of so irresolute and wavering a nature was the king , woman-like , giving over what he manfully undertook ; but this may seem to confirm what was hinted before , that what he did was rather out of policy to delude the people ( whose rage was risen so high , that he fear'd to meet it ) than a just sence of their misery , who in all things else which stood with his humour or advantage was more than enough stubborn and stiffe . and now the pope having given , or rather taken the foile , continues his former rapine , yet fearing if he kicked too hard , he might be thrown out of the saddle , he seems openly to surcease , and promises never to send any more legats into england , and underhand effects his will by other ministers , termed clerks , who had the same power , though a different title , the former being too eminent for his clandestine transactions , which the king furthers him in all he can , so cordiall was the reconcilement , which shewes it was not effected by fear . and to give them their due , both play'd their parts very dexterously ( if the term may be proper for a sinister practice ) the pope ranting as high in the counsel , as the king vapoured in the parlament , saying , it is fit that we make an end with the emperour , that we may crush these petty kings ; for the dragon once appeased or destroyed , these lesser snakes will soon be trodden down . but had he thought henry one in earnest , he would not so soon have received him into his bosome . peter of savoy , before made earl of richmond , comes over again , ( it may seem the king by his pretended forwardnes against the pope , had got some money ) bringing with him young wenches out of provence , which were married to noblemen , who were the kings wards , as to the earls of lincoln , kent , &c. and to be sure peter lost nothing by such bargains , though the nobility were abused in a barbarous , and tyrannicall manner . comes again the countesse of provence , who lost nothing by the voyage , though she had delivered provence and sixteen castles as a dowry with her daughter , married to charls the french kings brother , unto the french , contrary to equity , ( the queen of england being the eldest daughter ) and covenant too , having promised it to the king , and received for five years marks annuall pension in consideration of the pact ; so fatally infatuated was this king , that he cared not how he lavished out upon such cheats , what he scrued and wrung from his subjects . and besides thomas of savoy titular earl of flanders , who came over with her , three of the kings half-brothers are sent for over to be provided of estates in england , which it seems he intended to divide between his own and his wives beggarly kindred ; & truly by this kings actions a man would guesse he thought he had been set up onely to impoverish his subjects , and enrich aliens ; and as he , so almost every king plaid their prizes , the only difference being that strangers were not alwayes the objects of their profusenesse ; yet king james imitated him in every circumstance , who gave away so fast unto scots the english lands ( and they to relieve their penury fell'd the woods so lustily ) that for ought could be guessed , trees would have been as thin here as in scotland , had not the lords , by money , hyred his jester green to give a stop to his carriere ( they themselvs not daring to give check to the magisteriall scot in his vanity ) by making a coat with trees and birds on them , and telling him , questioning and wondering at the humor , that if the woods were fell'd so fast by his countrey men a little longer , birds must perch upon fools coats , for no trees would be left them to sit upon : thus also was the lord cobham and sir walter rawleys estates conferr'd on favourites ; and they made traytors , that court hang-bies might be made lords and gentlemen ; and to say the truth , in this point , all or most of our monarchs have so behaved themselves , as if , with the countrey fellow at doctors commons , they thought england was dead detestable , had made them her executioners , and they were come to the crown to diminish her goods . but to return where we left . henry was so lavish , and his guests so unwilling to seem unmannerly , and refuse his kindnesse , that his baggs were now become as empty , as his barrels were before ; a parliament therefore is summoned at london , and money demanded ; but they put him in minde of his guests , and besides sharply reprehended him , for his breach of promise in requiring another aid , having vowed and declared , upon his last supplie , never more to injure the state in that kinde ; for his violent taking up of provisions for diet , wax , silkes , robes , but especially wine , contrary to the will of the owners , whereby merchants will withdraw their commodities , and all trade and commerce utterly ceases , to the detriment and infamy of this kingdome ; that his judges were sent in circuit under pretence of justice to fleece the people : that passeleave had wrung from the borderers on forests vast sums of money , they wonder therefore he should now demand relief from the impoverished commons ; they advise him to pull from his favourits , inriched with the treasure of the kingdom , to support his prodigality , sith his needlesse expences amounted to above l. since he began his destructive raign . ( postquam regni caepit esse dilapidator ) thus plainly durst our generous ancestors tell a tyrant his own to his teeth . then they reprove him , for keeping vacant in his hands , bishopricks , and abbeys , contrary to the liberties of the church , and his oath taken at his coronation . which it seems was judged more than a ceremony in those dayes , though in ours , the contrary hath so falsly , and impudently been asserted . lastly , they generally complain , for that the chief iusticia , chancellor , treasurer , &c. were not made by the common-councell of the kingdom , according as they were in the time of his magnificent predecessors , & as as it was fit and expedient ; but such advanced as followed his will , in whatsoever tended to his gaine , and sought promotion not for the good of the kingdom , but their own profit . here we may obsetve that it was no new doctrin , which our parliament in the beginning taught us , but that it was practised , as well as thought fit so to be , by our ancestors , though the royall pen-men in their declarations boldly and publickly avowed the contrary . with this reprehension the king was netled , as his speech the next session makes out , for though he promised amendment they would not beleeve him , and therefore prorogued the parliament till midsummer , that they might see whether he would be as good as his word . ( we must know kings were not grown so impudent and daring then , as to dissolve parliaamens at their own pleasures . ) but he mended like sour ale in summer , his heat it seems increasing with the seasons , and in the next session , with an imperious and magisteriall brow thus expostulates with them , would you curb the king your lord at your uncivill pleasure , and impose a servile condition on him ? will you deny unto him what everyone of you as you list may doe ? it is lawfull for every one of you to use what counsell , and every master of a family to prefer to any office in his house whom he pleases , and displace again when he list , and will you rashly deny your lord the king to do the like ? whereas servants ought not to judge their master , and subjects their prince , or hold them to their cond●tions . for the servant is not above his lord , nor the d●sciple above his master ; neither should he be your king , but as your servant , who should so encline to your pleasure . wherefore know i wil yeild to none of your desires . a brave ranting speech , yet i hope it will not be denyed but they were evill counsellors , which put this into that kings mouth , though they have been , who penned the late kings declarations , which were so like this speech , as they could not be more , though charls his declarations had been spit out of henries mouth ; in both we may perceive the humour equally proud in the kings , and jointly mischievous in their counsellors , the first accounting their subjects but their slaves , the second making themselves such to curry favor with their lordly masters ; for let what palliations or disguizes soever of evill counsellors be made to cover the shame of evill princes , wise men know , and it hath alwayes been found by experience , that the tyranny of the kings , bears the first , and the slavery of the instruments but the second part , in the causality of the mischiefs , and that these lions rampant , wil make use of none but asses couchant , which are most willing , as wel as most able , to bear the load . thus henry he heaps his favours upon strangers most , because they were aptest to serve his turn ; and thus many in our dayes have been preferred and inriched , not because the king loved laud , wentworth , buckingham , d●gby , &c. better than others , but because these were the fittest instruments to drive on the trade of tyranny . but to the story . herry would have money , and the parliament would have a redresse of grievances , which his speech absolutely denyes they should , and so they break up in discontent : but though his stomach was so high , his purse was so low as he was forced to sell his plate , and jewels of the crown . we see here that the late king had a president for what he did , and a very goodly one too ; but what will not princes devoted to tyranny sacrifice , to obtain their lustings ? give , pawn , sell all they can lay their clutches on to carry on their design , which being accursed , and abominable , none will be subservient to , but they will be soundly paid paid for it : and truly these slavish wretches buy their gold too dear , selling their fame , together with their honesty for a little trash , which commonly is torn from them by the hand of justice , which makes them behold the losse of all they accounted and purchased so dear , before it puts out their eyes by a shamefull death : no marvell therfore tyrants are so beggarly , being forced to hire their journymen at such high rates . he sends his letters imperiously deprecatory to aid him with money , which with much grudging they do , to the sum of l . having the christmas before required new-years gifts of the same londoners , in hope ( no doubt ) but to get some of his plate and jewels again , which they had bought of him a little before : also by calling the nobles and wealthiest persons apart , he scrapes up something ; yet when the abbot of borrough denyed him a marks as he required , he told him it was more charity to give an alms to him , than to a beggar that went from dore to dore ; to this lownesse had his profufe and tyrannicall courses exposed him . the iewes also were fleeced by the king again , of whose sufferings we may take a guess , by what one of them protested upon the faith he owed to his law to be true , to wit , that the king had within . years space taken from him thirty thousand marks in silver , besides in gold given to the queen . and the londoners , in requitall of their bounty , forced to shut up their shops , and keep st. edwards fair dayes together at westminster , in a very wet and dirty season , being also fined marks for beating some of the kings servants who came and reviled them , as they were at their sport of running at the quintan : thus his very servants were willing to be beaten , that their master might get money by it . the monks of duresme refusing to preferre his halfe brother to that bishoprick , he goes to winchester to make sure of that by his presence for him : where entring the chapter-house , he gets into the chaire , begins a sermon , and takes this text , iustice and peace have kissed each other ; which he thus handles . to me , and other kings belongs the rigor of justice ; to you , who are men of quiet , and religion , peace ; and this day i hear you have for your own good been favourable to my request : justice and peace hath kissed each other . once i was offended with you , for withstanding me in the election of your late bishop , but now i am friends with you for this and will both remember and reward your kindnes . as by a woman came destruction into the world , so by a woman came the remedy : i to satisfie my wife , and prefer her uncle , disquieted , and damnified you : so now to advance my brother by the mother , will reconcile my self to you , &c. thus went he on blasphemously wresting and abusing scripture : yet could not the geese beware when the fox preached , for he gains his desire , and that chair was more propitious to him , than the speakers was to charls , into which , in imitation of henry , he violently thrust himself . at york the marriage of his daughter with the king of scots , was solemnized in the height of riot , and lavish expence , to recruit which , the king is forced to find a new shift to get money ; he will needs take the crosse upon him , and away to the holy wars , and to carry out the businesse the more impudently , takes his oath , laying his right hand on his breast , and after on the book , to perform the journey ; which all knew was pretended onely to get cash : and now his good friend at need the pope , with a great deal of gravity , ushers on the imposture , granting him a tenth of both clergy and laity for three years ; which had it been collected , would have amounted to six hundred thousand pound : a summe which might have afforded him a large bribe for a dispensation . a parliament is called to london about this tenth , which was denyed by all , this put the king in such rage , that he drave all out of his chamber , as if he had been mad : but comming to himself again , he falls to his old trick of dealing with them apart , and first sends for the bishop of ely , who plainly telling him he neither could nor would goe contrary to the whole state , and diswading him from the journey , by the example of the king of france , on whom they might see the punishment of god to be faln for his rapine , made on his peoples substance , &c. drove him into such a passion , that he commanded the bishop to be thrust out of dores . being thus disappointed by the parliament , he fals to his former violent courses , and maintenance of his strangers in all their riots and oppressions , insomuch that it was the generall exclamation , our inheritance is given to aliens , and our houses to strangers : but we shall perceive the oppressions then on foot , if we consider but what was told the king by divers to his face . the countesse of arundell being harshly denyed , by the king about a ward detained from her in regard of a smal parcell of land held in capite , which drew away all the rest , thus spake , my lord , why turn you away your face from iustice , that we can obtein no right in your court ? you are constituted in the midst betwixt god andus ; but neither govern your selfe , nor us discreetly as you ought ; you shamefully vex both the church and nobles of the kingdom , by all means you can . to which the king floutingly answered , saying , lady countesse ; have the lords made you a charter , and sent you to be their prolocutrix ? she replyes , no sir , they have not made any charter to me ; but the charter which your father and you made , and swore so often to observe , and so often extorted from your subjects their money for the same , you unworthily transgresse , as a manifest breaker of your faith : where are the liberties of england so often written , so often granted , so often bought ? i , though a woman , and with me all your naturall and faithfull people , appeal against you to the tribunall of that high iudge above , and heaven and earth shall be our witnesse , that you have most unjustly dealt with us , and lord god of revenge , avenge us . behold a generous and knowing lady , it was the sufferings of her country , not her self ( of which we find no mention ) extorted this true and resolute complaint from her . vpon the ruines of henries fame , hath isabell raised an eternall trophie of her vertue , which shall stand conspicuous in english history , so long as any memory of england remains . thus the master of the hospitallers tels the king , saying , he would revoke those charters and liberties inconsiderately granted by him and his predecessors , and for it alleging the popes practice , who many times chashiered his grants . so long as you observe iustice you may be a king , & as soon as you violate the same , you shall leave to be a king a truth more sacred than his majesty could be , and not to be violated for the sake of millions of tyrants . but above all for wonder , is that of the fryars minors , who returned a load of freeze he sent them with this message , that he ought not to give alms of what he had rent from the poor . indeed obedience is better than sacrifice , but had this conscience been used by all the romish clergy , their bellies had been leaner , though their souls might have got by it their temporalities lesse , though their spirituality more ; and this act deserves an euge to these , though it create an apage , to others , & rises in judgment condemning those great clergy men , who have been lesse than these minors in conscience and honesty . at last , the king having a mind to have another bout beyond sea , summons a parliament at london , and now there is no doubt , but he would be so gracious as to grant them what they could desire . o what a blessed thing is want of money , and how bountifull are kings when they are quite beggared ? they will pull down star-chambers , high-commission courts , monopolies , suffer favourites to be called to account for treasons and vilanies they set them a work to do , when they can do no other , can neither will nor chose ; and will grant trienniall parliaments , and passe acts that a parliament shall sit so long as it will , and which it might have done without their leave , when all the devices and power they can make are not able to hinder it ; well though that proverb says , necessity hath no law , yet with reverence to it's antiquity , i must contrarily affirm , that had it not been for necessity england had never had good law , made nor kept , neither ever should so long as the norman yoake was in fashion . this gaffer necessity at the first word obtains what all the lords , prelats , parliaments , so long demanded in vain ; henry so the parliament will but relieve him , will ratifie and confirm their liberties , they do it , granting him a tenth of the clergy for three years , and escuage three marks of every knights fee of the laity for one year , towards his journey into the holy land , indeed gascoigne ; which how holy soever henry accounted it , he could never yet bring any reliques out of it , though he had carried many a crosse into it and he accordingly ratifies those often-confirmed charters , in the most solemn and ceremoniall manner that the religion of that time , and the wisdom of the state could then devise to do for the parliament having so often found by experience , that no civill promise or verball profession , would hold in these norman lords , raptur'd by prerogative , and devoted to perjury to maintain tyranny ; take now a more ecclesiasticall , and divine way of obligation , swearing to excommunicate all who should be found infringers of the charters . and the king with all the great nobility , all the prelats in their vestments , with burning candles in their hands , assemble in the great hall at westminster to receive that dreadfull sentence ; the king having received a candle , gives it to a prelat , saying , it becoms not me being no preist to hold this , my heart shall be a greater testimony ; and withall lays his hand spred upon his brest the whole time the sentence was pronounced , which was authoritate dei omnipotentis , &c. which done he causes the charter of king iohn his father to be read likewise openly ; in the end , having thrown away their candles , which lay smoaking on the ground , they cryed out , so let them which incurre this sentence be extinct , and stinke in hell ; and the king with a loud voice said , as god me help i will , as i am a man , a christian , a knight , a king crowned and annointed , inviolably observe all these things . never were lawes ( saith that witty historian ) amongst men ( except those holy commandements on the mount ) established with more majesty of ceremony to make them reverend , and respected , than these were ; they wanted but thunder and lightning from heaven , which likewise if prayers could have effected , they would have had , to make the sentence gastly and hideous to the infringers thereof . yet no sooner was this parliament dissolved by a sacred and most solemne conclusion , but the king presently studies to infringe all , and with a part of the money he then got , purchasing an absolution of the pope , returnes to his former oppressive courses , with more violence and hardnesse ; and for ought we know our late king had the like to help him over all those styles , for master prynne tells us , there was an english lieger in rome , and our own eyes , that there were nuntio's here at home , to continue a correspondence between the pope , and his royall favorite . thus what the king does , the pope undoes for money , so cursed a thirst after gold was in both : it is no wonder therefore some of henry's late successors were hying so fast to rome , who being troubled with the same disease , stood in need of the same mountebanke : and no doubt but venus hath obtained armour of proof of vulcan for her wandring aeneas , so that the king of scots is well provided against the covenants pearcing him to the heart , by the care of his mother , and art of his holy father . but to returne to henry , whom we see the greatest security that could be given , and that under the greatest penalty , an oath could not hold ; who would therefore suppose that he or any kings of such metall should ever be believed againe by any who write themselves men ( creatures in whose composition are many ounces of reason ) when the only chaine upon earth besides love to tye the conciences of men , and humane society together ( which should it not hold , all the frame of government must fall asunder , and men like beasts be left to force , that whosoever is the stronger may destroy the other ) hath been so often and suddainly broken by the norman tyrants , in whom this perjury ran in a bloud almost to a miracle ? or who could think master prynne who in print takes notice of their frequent violations , would ever be drawn by corrupt interest to have his countries liberties sent to sea to seek their fortunes in so rotten a bottome . these deeds being done , succeeds one so monstrous , that we must almost run half way to credulity to be able to meet it ; for this perjured prince was not ashamed to send his brother over to summon the estates , and demand of them ( the wounds yet fresh and bleeding made by his impieties ) another subsidy , but the parlament denied him , to the great exasperation of the tyrant : yet the earl of cornwall forced the iews to pay a great summ , that he might not return empty handed to his brother , who staid untill he had consumed all that ever he could get in this iourney , which with the other two made before , cost him seven and twenty hundred thousand pounds , more than all his lands there were they to be sold were worth , besides thirty thousand marks , with lands , rents , wards , horses , and iewels , to an inestimable price , thrown away upon his half-brothers . after all this he returns , and the first that felt their good lord was come again , were the londoners , and the iews , who paid soundly for his welcome . the londoners presenting him with an hundred pounds were returned without thanks or money , for he was not altogether so unmannerly as to deny to receive it , then being perswaded plate would be better welcome , they send him a fair vessell , worth two hundred pounds ; this had some thanks , but yet would not serve the turn . for the pope having bestowed the kingdom of sicil on the kings younger son ( which the earl of cornwall wisely refused , knowing the pope was never so liberall of any thing which was his own ) the king to gain this makes all the mony he can get out of his coffers , and exchequer , or borrow of his brother , or scrape from the iews , or extort by the rapine of his iustices itinerants , which he gives to the pope to maintain his wars against conrade king of sicil , ( you see there was a right owner of what the pope was so liberal ) and yet all this would not do , for the pope writes for more , who was loath to be a niggard of anothers purse ; upon this henry sends him letters obligatory , signed with his seal , with blanks left to put in what summs he would , or could get of the merchants of italy , desiring him to stick upon no interest , all which was so effectually performed , that he was put in debt no lesser summ than three hundred thousand marks , and yet no sicil was got . vpon this a parlament is summoned , and of them money required , which though they promised to grant upon condition he would swear without all cavillation to observe the charters , and let the chief iusticiar , chancellour and treasurer be elected by the common councel of the realm , would not be hearkned to : for though he cared not a fig for his oath , yet it seems those officers might have restrained him from disposing of his cash at list , and not suffer his holinesse to have a penny , whereby he might have wanted his dispensation , or else the humor of tyranny was so high , that all his penury was not able to check it for one moment . the king thus being left unprovided , the bishop of hereford agent for the prelates at rome , like a trusty steward findes a shift to help him , for getting certain authentick seals from them , upon pretence of dispatching some businesse for them , by licence of the pope and king , he sets them to writings of such summs of money taken up of italian merchants for their vse , and so makes them pay the kings scores . he seizes also the liberties of the city of london , into his hands , upon the pretence of their letting a prisoner escape , making them fine three thousand marks to himself , and six hundred to his brother ; he requires of the iews ▪ upon pain of hanging , a tallage of eight thousand marks ; and thus having fleeced them , he set them to farm to his brother ; who upon pawns lent him a huge masse of money ; then the city liberties are seized again , but upon payment of four hundred marks restored . and to add to all , one ruscand a legat from the pope comes and demands the tenth of england , scotland , and ireland , to the use of the king , and pope , preaching the crosse against the king of sicil but the clergy protesing rather to lose their lives and livings than yield thus to the will of the pope , and king , who they said , were as the shepherd and the wolf combined to macerate the flock ; were ordered to some tune , for the legat suspended & excommunicated them , and the king if they submitted not in forty days spoiled them of all their goods as forfeited . all men by proclamation that could dispend fifteen pound per annum were commanded to come in , and receive the order of knighthood , or else pay their fines , as was before done in the . year : and every sheriffe was fined marks for not distreyning on all whom the proclamation reached ; this trick was shown in our dayes , lest any oppression should scape unexercised . a parliament was held , wherein the prelats and clergy offered him upon condition the charters might be observed , marks , but it satisfied him not , for he demanded the tenths for . years , without deduction of expences , and the first fruits for the same time . another was called to london , wherein upon the kings pressing them for releife to pay his depts , he is plainly told , they will not yeeld to pay him any thing , and if unadvisedly he without their consents and counsells bought the kingdom of sicill , and had been deceived , he should impute it to his own imbecility , and have been instructed by the provident example of his brothe● , who absolutely refused it , in regard it lay so far off , so many nations between , the cavils of the popes , the infidelity of the people , and the power of the pretenders . they also repeat the kingdoms grievances , the breach of his promises , and most solemn oathes : the insolence of his brethren , and other strangers , against whom by his order , no writ was to pass out of the chancery ; how they abounded all in riches , and himself was so poor that he could not repress the welsh , who wasted his countrey , but going against them was forced to return with dishonor . the king seeing his friend necessity was at his elbow , humbles himself , tels them , how he had often by evil counsell been seduced , and promises by his oath , which he takes on the tombe of saint edw. to reform all these errors : but the lords not knowing how to hold this ever-changing proteus , for security adjourn the parliament to meet at oxford , in which time they provided for their own , and the kingdoms safety . the king in the mean while is put to his shifts , and upon promise of high preferment , gets the abbot of westminster to put his and his covents seal to a deed obligatory , as a surety for threehundred marks ; sending by passeleave this deed , with his letters , unto other monasteries , to invite them to do the like ; but notwithstanding his threats , telling them how all they had came from the benignitie of kings , ●nd how their soveraigne was lord of all they had . they refused to yeeld to any such deed , saying , they acknowledged the king to be lord of all they had , but so as to defend , not to destroy the same . and now the parliament meets at oxford , and in this it is enacted that the poictovins and strangers should avoid the land , with many other profitable laws for that time . the charters are confirmed , and the king and prince sworn to restore the ancient lawes and institutions of the realm , and to observe inviolable the ordinances of that parliament . now the chief iusticiar , chancellor , and all other great and publike officers , are elected by the common and publike counsell , which power was , as we may see before , usurped by the norman tyrants , and worn as an especiall flowr of their crowns , and fruit of our slavery : for it is manifest to any , unlesse such as will wink , that our english kings were but as generals in war , without any other great jurisdiction ; our wise ancestors knowing such a trust enough for one , and therefore kept the election of other great officers in their own power , untill it was wrested out of their hands by the norman tyrants , and that not so much by the sword , as by craft ; thus though william sirnamed the bastard had defeated harold in the field ; yet upon his coronation he swore to maintain the ancient laws , liberties , and customes of the english nation , and again renewed his oath , and granted the same too by charter , but when he was throughly setled in his seat he perfidiously broke all , imposed the norman lawes , and those in the norman tongue , as a badge of our slavery , and a means to entrap the english , who not understanding them ▪ knew not how to avoid the incurring the penalties ; whereby his normans mouths up were made with their estates , & thus his successors were forced to swear and forswear to maintain themselves in their kingships . the poictovins and strangers being banished , presently followes the death and sicknesse of divers noblemen , who had been poysoned by their practice : and a steward of the earl of glocesters was executed for it , he having received a great sum of vvilliam de valence the head of the poictovins to work the feat . and though the kings favourites cryed out that he was condemned only upon presumption , yet the evidence will appear very strong , if we consider , that his lord , and his lords brother were poysoned , the latter dying , the former lying sick a long while , having his body swell'd , his nails and hair fallen off , and this steward convinced to have received a great sum of the poictovin their enemy , for whom he could make out no service to be ever done , unlesse what was layed to his charge ; besides , a iew being converced a little after , confessed the poyson was prepared in his house . the earl of cornwall ( now king of the romans ) returns into england , and upon his arrivall takes an oath to observe inviolably , and obey the statutes and ordinances made by the late parliament at oxford . a parliament was summoned at westminster , wherein were read and confirmed all the statutes of oxford , and such pronounced acursed by the prelats , which should attempt in word or deed to infringe any of the same : whereupon escuage is granted to the king , forty shillings of every knights fee ; a very considerable sum in those dayes , for there were above forty thousand knights fees in england at that time . but the king having an intent to break more oaths , and knowing that now it would not so easily be done , makes a voyage over sea to conclude a peace with france , that he might not be interrupted in the game he ment to play at home , having dispatched messengers secretly to rome , for absolution of his oath , and to scotland for aydes to be ready upon occasion when he had concluded with the king of france , having made an absolute resignation of the dutchy of normandy , the earldoms of anjou , poictou , tourenne and main , upon the receipt of crowns , and a grant to enjoy what he had in guien , xantongue , &c. doing homage and fealty to the crown of france , he returns , and comes to london , where he presently fortifies the tower , caused the gates of the city to be warded , and then to pick a quarrel commands the lords to come to a parliament to be holden in the tower , which they refusing , as he knew they would , he takes an oath of all above years of age in london , to be true to him and his heirs , and sets armed men to defend the city gates , for fear sure the parliament should have come in , and so spoyled the design , for neither henry or any of our former kings were ever so daring as to contest with a parliament in the field or set up their standards against it , but were alwayes forced to grant its demands , or quietly sit down without having their own turne served , when the parliament was willing to dissolve . and now henry being provided for the work , causes the popes bull , purchased for absolving himself , and all others sworn to maintain the statutes of oxford , to be read publickly at pauls-crosse , and makes proclamation that all should be proceeded against as enemies to his crown and royal dignity , who should disobey the absolution ; and such was the blindnesse and slavery of many in those times , that one bull begot thousands of calves in an instant : and yet it seems veal was never the cheaper , for his son the prince was forced to rob the treasury at the new temple to buy him provision , every one refusing to lend him or the king a groat , so great credit had their perfidie got them . many being clapt up in prison who would not be perjured , the lords , and others whose consciences were more tender both of their oath and liberties than to believe the pope , or trust the king , assemble together in arms for defence of themselves and their liberties , and first they send to the king humbly beseeching him to remember his many oathes , and promises , but when that would not availe them , they advance towards london , where the king lay in the tower waiting the gathering of his forces , and the comming over of strangers which he expected ; and now the bishops ( who as they were seldom in any good , so would be sure to be cheif in every bad action ) make such a stir to prevent bloudshed forsooth ( of which their tendernesse hath alwaies been well enough knowne ) that the controversy must be referred to the french king to decide ; much honour got england , and much liberty was like to get by such an arbitratour , while she is forced to creep to forraigners , to know whether they will please to let her enjoy liberty or no , after years oppression under henry , besides what his good father and grandsiers had loaded her with . but the lords being perswaded that their liberties and rights depended not upon the will of any one man refused to stand to the partiall award of the french in the english tyrants behalfe . thus concluded this business ( as all others commonly did , which bishops had a foot in●● with a mischief to the common-wealth , the king gaining by it not only time for raising , but a seeming justice for his using of forces to compell the lords to stand to the sentence , by which their liberties were adjudged from them . no doubt those wise and generous barons not only disliked , but disdained such an vmpire , as being sensible of the advantages henry , of the dishonour their countrey , and of the discommodity their cause would reap by him ; but that those fathers in evill under the angelical shape of peace-makers , necessitated them to accept of him , to avoid the obloquy of being incendiaries , the involvers of their country in a miserable civill war . let the english high priests then , to their eternall infamy , carry a frontlet engraven with mischeif to england on their foreheads , who were the fatall instruments of enforcing their country to submit her liberty to a forraigne tyrants decision , whose corrupt interest lay in adding fewell to the flames , which consumed the noblest fabricks , the uprightest and firmest pillars in the english nation . yet that henry might make a little better market for himselfe , he summons a parliament at westminster , where whilst openly nothing but redressing grievances , composing differences , exclaiming against jealousies raised to scandalise the king , good man , as if he intended to leavy war against his people , by factious spirits , proceeds from henry , he underhand prepares for war , endeavouring to divide the barons , and strengthen himself by all the plots and clandestine tricks he could ; at last having by sprinkling court holy-water , and promising fifty pound lands per annum to such as would desert the lords party , drawn divers to revolt unto him , he secretly withdraws from westminster to windsor , and from thence to oxford , & so on , traversing the country , to patch up , and peece together an army : and here we may see it was no new thing which was acted by his late successor , who in al his actions made it appeare that he was a right chip of the old block . now pretences of the barons insolencies against the king , and oppressions of the subjects , declarations of his being forced to take up arms for defence of the just lawes and liberties of the people , and his own safety , with protestations of his good intentions , and divers other such knacks are every where on the wing , as we have had flying up and down at the tayss of the royall paper kites of our times . the lords being thus left in the lurch , are not wanting in preparing for defence , being unanimously backt by the citizens of london , who have hitherto had the honour of bravely standing for liberty ; yet first they send to the king , putting him in mind of his oathes and promises , and desiring him to observe the great charter and oxford statutes , but the drums and trumpets make such musick in his ears , that henry will heare no talk of any law , but what his will and sword shall give ; and for their good counsell , returnes them as tokens of his love the title of rebels , and traytors , which he as frankly bestows on their persons , as he doth their lands on his followers . by these course complements the lords perceiving which way the game was like to go , leave off putting their confidence in the king , and trust their cause to god and their good swords ; then choosing the earls of leicester and glocester for their generalls ( whose hands no manacle of alliance could lock from defending their countries liberties , though the first had married the sister , the second the neece of the king ) they take the feild , may towns are taken by each party , and many skirmishes passe , wherein sometimes the one party , sometimes the other get the better ; at length divers scotch lords , and others with great forces being joyned to the king , he marches against northampton , where he heard peter montford was assembling forces for the barons : the town was very resolutely defended , untill by the treachery of some monks within say some , by the subtilty of the kings forces say others , ( who advancing close under the wall , undermined it , whilst the captains within parlying with the king on the other side ) a breach was made so large that forty horse might enter a brest , by which henry gained it by assault . this town being taken ran the same fortune leicester lately did , for henry drunk with successe , and rage , like a violent torrent swept all before him , killing , burning , and spoiling where ever his army came ; but here , so unmanly was the cruelty of the tyrant , that he would have hanged all the oxford schollers ( a band of which were in the town ) for their valour shewed in the brave resistance of his forces , had not some of his counsellers perswaded him from so doing , for feare ( the only curb to an ignoble soule ) of exasperating their freinds against him by his cruelty , many of the schollers being young gentlemen of good quality . here by the way we may observe the miserable effects of bad governours in the vniversities , by whom such degeneratenesse was wrought in our youth , that none in our times were found more desperate engagers against the cause of liberty , than young schollers , who heretofore were the most resolute champions for it : let us therefore make no sinister constructions , when we see our governours diligent in purging the fountaines , if we desire to have the streams run cleere . but northampton put a period to henries fortune , for although he caused the barous to raise their siedge from rochester , yet in the height of his jollity he was defeated at lews , such was the wages of pride and rage : and thus the sunne setting at leicester , went down at naseby upon charls , whose successe kept time with his presumption and cruelty . and now henry is pitched down at lewes , where the barons petitioning for their liberties , and desiring peace , are answered by his proclaming them rebells and traitors ▪ and sending his own , his brothers and sons letters of defiance unto them : but this was too hot to hold , for the lords perceiving what they must trust to , notwithstanding the great numbers of the enemy , the banished poictovins being returned with great forces for his aide , bravely resolve to give him battel , and as gallantly perform their resolutions , for fighting like men for their liberties , they gain the day , and take him , his brother and his sonne , with many english and scotch lords prisoners . this victory was received with such universall joy , that when news came of the queens having a great army of strangers ready to set sale for england , such multitudes appeared on barham down to resist them , that it could hardly have been thought that so many men were in the land : and at this appearance of the english the forreiners vanish and are disperst , being terrified to hear the english were so unanimous in the defence of their country and its freedome ; oh were we but thus united now within our selves we need never fear the combination of forreiners . but these noble souls being more valiant than wary , more pitifull than just , upon a few feigned shews of amendment , and fawning promises of not entrenching upon their liberties , receive the snake into their bosomes , which will reward their kindnesse with their ruine assoon as he is able . for in the parliament assembled at london , the cry of blood and oppression being stopt and smothered up , henry again is seated on the throne , upon that poore and thread-bare satisfaction of himself and his sonne , taking their oaths to confirm the charters and statutes before at oxford , and those now newly made : sure mercury was ascendent at henries nativity , so potent were his starres in deluding those who had been so oft mock'd , and beguil'd before ; when in reason we might suppose his former frequent violations and reiterated perjuries should have taught them what trust was to be given to a kings oath , in whose eye tyrranny was so beautifull , that he never dallied to make market both of soul and body , so he might but purchase his desired paramour . these oaths being past in order to the performance after the royall mode , the earl of glocester is tampred with to leave the barons ; and by the artifice of those masters in the art of division , who in all times knew how to work upon the covetous , ambitious and envious humours of great men , drawn to desert the cause of liberty : and of this we our selves have had a sad and fatall experience , how many great ones were cajold by charles at newcastle , hol●bie and the islle of wight , even to the great danger of our cause ; nay the very house was not free , as those tuesday nights votes may , and the fridayes had informed us with a witnesse had not providence wrought miraculously for us , for it can be made out by good witnesse that there was a resolution to have dissolved the parliament , and proclamed the army traitors , had they all met . but gold was too drossie to make glocesters towring soul stoop , and his free spirit could not be shackled with silver fetters , some other lure must be used to bring him down : and now leicester was mounted to so high a pitch in the peoples favour , that glocesters weaker wings could not reach him , which whilest with an aspiring eye he gazes after , his sight was so dazzled with the others motion us gave check to his pursute of the game . the crafty prince marking his advantage , so works upon the weaknesse of this young lord , that by it he effects what he could not do by his own force ; thus diamonds are cut by their own dust , and the champion of englands liberty must be the man can ruine it : accursed be that sorceresse envy , so fatall then to englands freedome , so mischievous lately to the same , whose menacing power had it not been stopp'd by the new modell , had totally routed the parliaments whole force , so many divisions of them being charged through , and through , and needs must that army become a chaos , wherein commanders consist of jarring principles . glocester now being come to his fist , away flies edward to the lord mortimer , notwithstanding his assurance given not to depart the court : that fable of the wise men of gotams hedging in the cuckow , hits many of our ancestors home , who with oaths and promises went about to keep in their kings , when one of the norman brood could flie over such a fence with the very shell upon his head : and as the first part of that storie may be applyed to us , so the second is not altogether insignificant for our kings , whom we shal alwayes find ( together with such as sing after them ) in one tune , crying out disloyall , dissoyall , as if they could say as well as do nothing else : yet a christian may conceive such a found should make them tremble , by bringing the sinnes of their fathers and their own iniquities into their remembrance , did they but believe there were a god , who will measure the same measure out unto them which they have meted to others , and will visit the sinnes of the fathers upon the children . glocester and edward having done the prologue , the tragedy begins , wherein the scenes were so well laid , that every actor was ready to enter , and each had his part so well by heart , that it is plain they had been long conning their lessons ; for no sooner were these two gone , but the earles , warren , pembroke , with a whole shoale of poictovins , and other strangers , come to land in wales , which with the scattered reliques of the battell at lewes , gathered from all parts , embody in great numbers before the lords who stood faithfull were aware of them , yet they prepare for them as fast as they can : but their fortune was now in the wane , their pity and credulity had brought them into the snare , and their lives must go for suffering him to escape whom god had delivered into their hands : for to condemne the innocent and absolve the guilty , are equally abominable in the sight of heaven : and our ancestors to their cost have made experience of the truth of the proverb , save a thief from the gallows , and he shall be the first will cut your throat . first the armies meet at killingworth , where the lord simon montford sonne to the earl of leicester is defeated ; this bad newes meeting leicester in wales hastens him to repair the breach made in their fortunes , and he meets the enemy near evesham , where in a bloody field fighting most valiantly , he loses life and victory both , and with him many more of the most noble english fall a victime to perjured tyranny , whose rationall and undaunted souls disdaininga brutish slavery , freely offered up their bodies on the high places of the field , a rich oblation for englands freedome , which together expired , and lay butchered by them . the losse of this battell was imputed to the cowardice of the welsh , who in great numbers ranne away in the beginning of the fight , not to the injustice of the cause , of which the people had a sacred opinion : but the truth is , there was an accursed thing , an achan in leicesters host , old henry attended with whole troops of perjuries , matters , and oppressions , against whom incensed heaven was injustice engaged . and now that the world might take notice tyranny was again in the saddle , cruelty in the height of revenge pranceth through the field ; for the dead body of noble leicester was most barbarously abused and cut in pieces , the head with the privy members fastened on either side the nose being sent as a trophy to the lord roger mortimers wife , a present indeed as fitting for a lady to receive , as it was becoming a prince , who was leicesters nephew to send , but the people made a saint of him whom his enemies by making reliques of , rendred themselves little better than devils , and the dismembred body gave a fragrant sent , whilest the dismemberers rotted and stank alive , thus after death leicester leads a triumph over tyranny , which may instruct us how far a free and generous soul is above its reach . and here notwithstanding the calumnies and reproaches wherewith the royall party backed with successe , and parasiticall chronologers then and since have loaded leicester ; yet we may take a guesse of the worth of that noble lord by the love of the people , and malice of the tyrant : the former cannonizing him for a saint , do what the latter could for his heart : and sure the common people had more than ordinary cause , which could make them practice after an unusuall manner , which was to judge contrary to event : had his pride and his sonnes insolency been such as some would make them ( who endeavour with their shame to make a cloak for their adversaries knaverie ) henry need never to have been so timerous as he was , who not onely confessed he feared the father more than any storm , but could never be quiet untill he ezpell'd both mother and sonnes the land , though she was his sister , a lady of eminent note , both daughter and sister to a king , and they upon delivering up their strengths were seemingly received into favour : thus dreadfull and hatefull to a tyrant are free and generous spirits , which must expect such usuage , when they are within the verge of his power , and such effects of an act of oblivion must our noble patriots have felt from charles , had not providence in men been pleased to have put bounds to the paralell , by erecting us a pillar with a ne plus ultra upon it . let each following line then teach here thankfulnesse to heaven , wherein we shall read , from what a labyrinth and maze of misery divine mercy hath freed our unworthy selves ; in which our forefathers were miserably imprisoned and devoured : and let us prize the clue which hath led us out among our choicest jewels ; that giving glory to the hand , and honour to the instrument , we may in some measure walk worthy of the mercies we have received . henry now again where he would be , breaths nothing but bloud , and revenge against all who had stood for liberty , following , and pursuing them with such unheard of fury , that had not some potent favorites interposed , he had burnt the whole city of london : thus the metropolis of england had been laid in ashes , which so generously and often hath ventured for liberty , had not god had a work to doe , wherein london was to be gloriously instrumentall , and so delivered it out of the paw of the lyon . a parliament now is summoned to winchester ( which considering the season , was likely to do the people much good ) and in this all who took part with the lords are disherited , all the statutes of oxford are repealed , the wealthiest citizens of london cast into prison , the city deprived of it 's liberties , and all the posts and chains taken away ; these things being put in execution ( for such acts must be kept ) another parliament meets at westminster , wherein the acts of vvinchester are confirmed ; thus topsie turvie is the world changed , that assembly , the onely refuge and assilum for the people to fly to , & so lately the assertor of their freedoms is becom the mint , wherein the tyrant stamps for current what he lists , and makes the basest metall passe for gold , backing his lust with pretence of law : o now i warrant you henrye's conscience is tender in keeping acts of parliament , and it is no lesse than a piaculum to go about to infringe them . henry in this latter comming to westminster , to shew his goodnesse and bounty , freely bestows on his hang-bies sixty citizens houses , together with their furniture , and all the lands , goods and chattels belonging to their owners ; yet at length he was pleased to pardon the city upon the payment of twenty thousand marks , and giving hostages of the best mens sonnes , to be kept in the tower at their parents charges . businesse thus dispatched at london , away hies henry to northampton , where the popes legat holding a synod , curses all those who stood for liberty : and henry had been undutifull had he not helped his holy-father , who all along had bin so kind to him , he good man was agreed with before , it was all the reason then in the world that the pope should make his market ; thus the poor slaves were to purchase their fetters double , so costly was slavery unto england ; justly then may such be termed niggards and base , who will grumble now though with a round sum to purchase their liberty . and now it seems henry made not his journey for nothing , for the gratefull pope by his legat this synod , grants the tenths of the church for a year unto him , so bountiful in rewarding one another were these foxes , with what they lurched from the geese . henry passing his time in such pranks as these , at last glocester finding his turning not to serve his tongue as he expected , takes his time , changes his footing , and assembling an army seizes on london : this puts the king and legat so to their trumps , as brought both unto their last stake , making the one pawn the shrines , jewels , and reliques , the other spend the curses and excommunications of the church most liberally ; but the legat might have been sent packing with his sonne at his back in pontificalibus , had not henries golden gods wrought the miracle , which having thousands of angels at command , quickly brought in great armies of forraigners , by whose aid glocester was forced to submit , he and all his partakers fining for their offence to henry , who , no doubt , made them pay for putting him into such a fear , as well as unto such a charge , ( which could be no small sum , were he like some of his late successors in defraying only the charges laid out for guilded clouts ) besides what must be given to set the little dagons in their places againe , and appease their and their priests fury : thus glocester received the reward of his base deserting leicester , being forced by his kind master to find sureties for his good behaviour . and now this earl being brought under the yoak , henry turns against those barons who stood out , and were possest of the isle of elie. these he first attempts by the legat ( his forlorne hope and reserve too it seems ) who is beaten back with this repulse , that unles the statutes of oxford might be observed , and hostages delivered , that they might peaceably enjoy the island , untill they should perceive how the king would performe his promises , they were resolved to stand it out , and with the venture of their bodies seek to preserve their souls , upon which lay most sacred and solemne ties . so great an incouragement was the opinion of their cause , that it made them stand upright and undaunted after all these storms ; and so great a distrust had henries perfidie created , that his subjects durst not let him come within their swords point , without hostage given to keep him to his word ; and indeed this tyrants gaine by their violations , that none dare believe them but will rather fight it out to the last , as expecting revengefull and treacherous usage from them . this answer to the legat so netled henry , that he could not choose but wince ; and well it might , for his galled conscience could not endure the mention of keeping an oath , which was a tacit exprobration of him , no more than his tyrannicall humour could of the oxford articles , which carried in them a sound of liberty , a thing he supposed he had by the sword ript out of english breasts . and no doubt but it must be thought great incivility in these barons to dare to believe their eyes before royall perjuries , and great saucinesse in them , to make , or pretend to make more conscience of oathes then their king ; for what was this other than to endeavour to appear more religious , more honest , more true , and more just than their sacred soveraigne ? away with such precise , and puritannicall fellowes ; there can never be a good world so long as such are suffered to goe unpunished ; into the high commission court with these sectaries , that the legat may hamper them ; bring these seditious fellowes before the king , and the honorable privy councell , that they may receive the reward of their presumptuous questioning the legality of obeying king and cardinall , right or wrong ; nay , what is more , they are not contented to be slaves as others are , let them be tryed for traitours and rebells , for they have taken up arms against the king , and talke of defending their liberties by the sword ; thus rang the peale among the flattering courtiers , and the like verdict hath been past upon us by the royall jury men , who in all things have followed these their foremen . here we may perceive then through the veile of pretended protestantisme , and conscience , the rrue rise of the royalists assertions , for the parasiticall papist hath done the like , to whom the reformed religion was unknown or abhorred , flattery being the motive , not conscience , the desire to cologue with a tyrant , not the fear of displeasing god . and upon these worthy considerations henry and his faction decree ruine to these barons , and the fate of liberty was unable to resist their vowes ; for prine edward with a great army quickly forces them out of their strengths in that isle whose courage was greater than their force , and their resolutions more numerous than their party ; thus were the last glimmerings of freedom extinguished , and the whole land envolved in darknesse , the english being left to grope in a blind obedience after the will of their tyrannicall master . henry by treacherie having thus triumphed over liberty , he convenes a parliament at marlborough , where in a flourish he confirms the great charter , either on purpose to make their teeth water , or to quiet the grumblings on foot against his tyranny , by this act of grace , which was likely to be kept now the bugbears of prerogative , those resolute lords and gentlemen were destroyed . now twentieths , & fifteenths , or what ever he would demand are readily granted , and glad he would be so contented , and all things go as well as henry can wish , who promises to be a good lord to them , so long as they shall continue humble vassals , contented slaves unto him ; no mumbling or talking must be of oxford acts , which it was high treason but to think on , so wise the world was now grown over those former mad parliaments . and thus after he had at least twenty times confirmed , and as often violated those just decrees , notwithstanding all the solemnities , both civill , morall , and ecclesiasticall , used in the acts of ratification , and after all the hard strivings , and wrastlings between tyranny , and liberty , with such bad successe to the people , whose foolish credulity and sinfull pitty undid them , in the seven and fiftyeth yeare of his raign henry and magna charta slept together , his sonne edward succeeding him in his tyranny , to which he was heire , as to the crowne ; for he made an higher improvement of his royalty , and got the domination of this state in so high and eminent manner , that ( as one saith ) he seemed to be the first conquerout after the conquerour , his little finger was heaviour than his fathers loynes , laying insupportable taxes on both clergy and laity even unto the halfe of their estates , the barons and people not daring to quitch , or move for removall of grievances , untill at last needing a vast summe to maintaine his wars , he summoned a parliament , wherein he was pleased to confirme the charters to stop their mouthes and open their purses , and this he often did when his occasions urged him to it , which like all other royall promisers he performed by leasure ; never was royalty more majestick , and glorious than in this kings raign , and the people lesse able to oppose ; but i shall conclude his character with what daniel saith of him , he was more for the greatnesse of the kingdom than the quiet of it ; for having been nurst up ▪ in slaughter , he as it were thirsted after bloud , so that never any king before or since ( except our last charls ) shed , and caused so much to be spilt in the age following within this isle of britaine . but all that we shall observe from his raigne is this , that as it was said of the emperour frederick he was a good emperour , but a bad man , so the most warlike , politick , and temperate princes have been the greatest tyrants and oppressors of the people , the vicious and debauched by their lewd lives and unmartiall natures , giving the people more advantage and better opportunity to regain and revive the claim of their liberties , which the other by oraft , force , and a kind of respect created by their morality kept them from : needs then must that trust of powr be dangerous to the nation which lighting upon the most able person proves most destructive to the peoples just and native freedome . thus having briefly represented the most signall and materiall passages throughout this tedious and long reigne of henry the third , in this short discourse , where as in a perspective the reader may not onely descry actions farre distant in time , and near hand , as done in our dayes , but also take an exact view of the whole mannagement of affairs under the norman monarchie , together with the real ground and rise of all those former , and these latter contestations between the kings and people of this nation , upon the score of prerogative , and liberty . i shall forbear to swell into a volumne by raising unnecessary observations , which i shall leave ( as i have done the paralell , where it was plain to every eye ) to be spun out by each readers fancie , being assured that the most shuttleheaded adorer of our monarchy must blush in affirming that a fine piece , which it appears hath been wrought of such course threds and will onely in short set before you those tyrannicall , abusive , and delusive practises by which our ancestors have been bobbed , of their freedome ; and the norman tyranny founded and continued over them . william the norman sirnamed the bastard , taking the opportunity of the divisions among the english , invades the land , and overthrows harolds , weakned much in a fight with the invading norwegians , where though he got the victory , he lost the bodies of many , and the hearts of most of his souldiers by his partiall dividing of the spoil . harold slain , and william victorious he is received , and crowned king by consent of the english , upon taking his oath to maintain the ancient lawes and liberties of the nation . and now being as the thought settled in the throne , he begins to play rex , in english the tyrant , spoiling the english of their estates , which they were forced to purchase again of him , who neverthelesse reteined a propriety in them , and would have all held of himself as landlord : thus came in the slavish tenures , and the english , amongst whom were no bondmen before , both nobility and commons , were made subject to the intollerable servitude of the norman . the english thus exasperated take up arms to regain their liberty , and that so unanimously ; under the conduct of edgar etheling , then tearmed englands darling , and edwin and morchar earls of mercia and northumberland , that the tyrant not daring to fight them , assayes to pacifie them by large promises of addressing their grievances , and restoring their liberties , and by the help of some clergy men he so prevails , that meeting at berkhamsted an accord is made , william taking his personall oath upon the reliques of the church of saint alhans , and the holy evangelists , from thenceforth to observe inviolably the ancient lawes , especially those of saint edward , whom the norman wickednesse had sainted among the people , so transcendent was tyranny already grown . the english deceived by these specious shews lay down their arms , and repair to their homes , and now william having obtained his end , takes his advantage , and sets upon them disperst , and never dreaming of any assault , imprisoning , killing , banishing all he could lay hands on , and forcing the rest to fly into scotland , overthrowing their ancient lawes , and introducing others in a strange language , appropriating the old forests , and making new ones , by depopulating the countrey , and pulling down churches , abbies , and houses for thirty miles together , and yet prohibiting the people the liberty of hunting upon great penalties , the ancicient priviledge and delight of the english : thus by treachery and perjury cheating the english of their liberties , whom by force he could not bring under his yoke , he laid the foundation upon which his successours have erected the stately trophies of tyranny amongst us . but the english being of a generous and free nature were so impatient of the yoke , that upon all opportunities they did endeavour to break it ; whereupon our kings were forced still to make use of other props to uphold their tottering edifice , which perjury alone was too rotten to sustain , and by the pope , prelates , and lords , working upon the credulous , superstitious , and unstable vulgar , did even to admiration shore up their babel to the confusion of liberty . . the pope was the chief hobgob in in those dark times , that scared the people out of their wits ; for through the superstitious ignorance of men , he had usurped the power of god ; this iugler with the counterfeit thunder of his excommunications , and curses , which his bulls upon all occasions bellowed forth against the assertors of liberty , and with the pretended omnipotency of his dispensations with the oathes of the tyrant , so amazed the people , that he not onely domineered himself , but , like the lord paramount , for great fines let the land out , to be harrowed , and the inhabitants to be handled like villains and slaves to his royall and well beloved sonnes ( indeed he was a dear father to most of them ) our immediate landlords . . the proud prelates , the imps of that great diabolo of rome , were many of them strangers , and all of them the creatures of the popes , and kings ( who would choose none , but such as were fit for their designs , by their good wills , and with their ill wills could out any that should thwart them ) and so either regarded not our sufferings , or were bound to augment them to please their patrons , as well as to pamper themselves , who being diocesan monarchs were no foes to arbitrary power that themselves might tyrannize ad libitum over their sees . and no doubt but kings were so crafty as to perswade them no king , no bishop , heretofore , to heighten their zeal to the royall cause , as prelats of late have stiffened them with no bishop , no king , in obstinacy for prelacy ; yet these later have been prophets against their wils , at their fall , who in their jollity had little or no will to be preachers , and were so effectuall in their doctrine , that they confirmed their calling to be jure divino , though scripture was never so clear against it , in the royall conscience , to whom a crown and scepter must appear most sacred . and now the father , and sonnes , the pope and prelates profit requiring it , what could there be imagined , but that it must be stamp'd with a divine right ? alas it was easie with them to take sacred from an oath , and confer it upon the perjured violater ; they had their holy oyle sent from heaven by an angel to thomas becket that metropolitan saint , and martyr of canterbury , with which kings were anointed , and divers other holy devices to make them sacred , not to be touched by prophane civill lawes , or questioned by any but men in holy orders ; who being ghostly fathers , might lash , curse , depose , and devote to the knife , sword , &c. ( notwithstanding sacred , and majesty , and holy vnction , and all the rest ) emperours , or kings , if stubborn , or encroaching upon the usurpations of holy church . for you may observe that clause in the coronation oath to maintaine the rights and privileges of holy church , to be indispensahle in former times as well as these latter , wherein conscience was onely made of preserving episcopacy : thus one part of the oath was not to be violated upon pain of the highest censures ; all the rest but a mere formality , and we poor lay-slaves not to question our kings doings , but in a blind and brutish obedience perform all their commands , just or unjust , good or wicked , our clergy impostures making the pulpits ring with to obey is better than sacrifice , for rebellion is as the sinne of vvitchcraft , &c. sacred writ being wrack'd to torment us , and the scriptures perverted to subvert our liberties , and notwithstanding the cheat was so palpable , the peoples understandings were lost in the fogge , which these gipsy magicians raised by their charmes . behold then the reason of episcopacies being so sacred and divine in the judgment of kings , who were so devoted to tyranny that they ventured all to maintain it . . the nobility were made the whifflers to make roome for the monarchicall masquers : and although many of these were so generous , that they disdained to be slaves , and so potent and valiant , that they regained their fredoms , and brought the tyrants on their knees , yet so ambitious and envious were the most of them , that they were easily divided and made to ruine one another , every one chosing rather to be a slave to a tyrant , than be equall'd by his fellow , and gaping for advancement over the rest by his obsequiousness to his great master , thus by envy and court preferment ; being bewitch'd , they still undid what they had well done , and made the peoples taking up of arms for liberty the step to their own preferment , betraying them to curry favour with their oppressor . thus were the people still betrayed by their leaders , and so disabled and disheartned for the future to claim their rights by the present losse and expence of bloud and treasure : and those who faithfully stood by them severely prosecuted and murdered ; when the tyrants though vanquished , still escaped upon swearing a little amendment , and were set up again to take revenge upon the peoples , and to reward and preferre their own partakers . thus were good patriots dishearnted and deprest , whilst that the imps of tyranny were emboldened , and set aloft to the utter ruine of englands freedom . lastly , when it was apparent that the noble and free spirits of the english could never be so deprest but that still they would up again , and so might at last , in spite of all opposers break the yoke , with the noise of parliaments and charters , kings often stilled the peoples cries , when indeed the former were so stuffed with a king , lords , and prelats , that the peoples representatives sate for little more than cyphers to make up thousands and ten thousands , when the others pleased to set the figure before them : and the latter were of little or no use to the people , who received no benefit by them , but stood kings in great stead , helping them to millions , when all other shifts fayled to get money . and now these things premised , i appeal to the judgment of all rationall creatures , whether it be not so perspicuous that the dimmest eye , on this side blindnesse , not winking our of design must perceive . that continuall claim hath been made by the english to their rights and liberties , so that in point of law no pretentended succession , continued by force , fraud , and perjury , can be a just plea to barre us of our inheritance , our native freedome , which we have now gained possession of , the most high and just judge having given sentence for us upon our appeal , and of his free grace enabled us to enter in despight of those who so long kept possession against our ancestors . . that it would be the highest imprudencie , if not folly and madnesse , in us for the future to trust the most promising and insinuating princes with our liberties and priviledges , which can be no longer expected to be preserved by them , than they may serve as footwools to advance them in the throne of absolute tyranny . . that the whole frame of just government , hath been dissolved by our norman lords , who have made their own proud wills the rules , and their own greatnesse and absolutenesse the end of their government . sic volo sic jubeo , was lex terrae , i mean the law which was onely in practice ; and if this be not tyranny let our royalists enquire of lipsius no small champion of monarchy , who makes not the grandeur of the court , but the good of the common-wealth the mark that princes are set up to aim at : neque enim principatus ipse finis est , absit , aut altitudoilla & splendor , sed populi ho●um , it is not the greatnesse and lustre of the prince , but the good of the people that is the end of principality , and that eloquent panegyrist in his oration in the romane senate shews that the empereall dignity consisted not in sound or shew ; for saith he though we adorned our emperours with majesty and pomp , yet is there farre more due from them to us the authours and granters of their power , as to take care of the common-wealth , and setting aside self interest to intend the good of the people , &c. neque enim specie tenus , as nomine fortuna imperii consideranda est , sunt trabeae & fasces , & stipatio , & fulgur , & quicquid aliud huic dignitati adstruximus , sed longè majora sunt qua vicissim nobis auctoribus , fautoribusque potentiae debent , admittere in animum totius reipublicae curam , & oblitum quodammodo sui geniibus vivere , &c. yet thus to have taught his duty and the peoples soveraigne power had been little lesse than treason with one of our monarchs , which a romane emperour disdained not to hear in the open senate , though he was accounted a more absolute lord by farre than one of our kings , and we were entitled to more liberty than the romans . but to conclude , so great corruption hath invaded monarchy in generall ; and so universally is it fallen from its primitive purity , that it is most evident its fate is not farre off , quin ruet sua mole , and will be buried in its own rubbish , for there are symptomes by which the dissolution of politick bodies may be guess'd at as well as naturall , and too much surfetting will bring both into the dust . and let us omit the tyrannies , murders , and idolatries , and take a view but of the perfidies , and perjuries , the main pieces of king craft , by which monarchs have carried on their designs a long while in the world , and we may without a spirit of prophecy foretell what is likely to befall royall families even by the light of nature , and a common observation of providence , for a very heathen poet tells us , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . that though god may for a while deferre his iudgement against the violator of his oath and promise , yet h●mself , wife and children shall dearly pay for it at last ; an oraculous truth ▪ and confirmed in our eyes , and which may deterre all of us who are on this side sorcery or obduration , from during t● engage against heaven , and oppose the almighty in the execution of iustice upon an offending family , by which we shall onely draw down vengeance upon our own heads to the eternall confusion of both souls and bodies , for great is iehovah , and onely to be feared , and there is none can deliver out of his hand . finis . notes, typically marginal, from the original text notes for div a e- . yeare . year . . year . ix ▪ yeare , . year . . year . year . . year . . year . . year . year . year . . year . . year . . year . . year . year . year . . year . . year . . year . year , . year . year . . year . . year . . year . year . year . year . year . year . year . year year . year . . year . . year . . year a letter sent from the kings majestie to the lords of his privie councell of the kingdome of scotland. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letter sent from the kings majestie to the lords of his privie councell of the kingdome of scotland. charles i, king of england, - . sheet ([ ] p.) printed by robert young, his majesties printer for the kingdome of scotland, london : [ ] at bottom of text: given at our court at yorke, the . of may, . charles r. desires to make known his dispositions more fully. feels [he] .. must preserve his right and authority. .. he has been charged with [ ] being popishly affected, [ ] being the cause of the irish bloodshed, [ ] intending to bring in foreign forces. these charges are untrue. reproduction of the original in the british library. with engraving of royal seal at head of document. eng charles -- i, -- king of england, - -- early works to . prerogative, royal -- great britain -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no a letter sent from the kings majestie to the lords of his privie councell of the kingdome of scotland. charles king of england a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter sent from the kings majestie to the lords of his privie councell of the kingdome of scotland . charles r. right trustie and wel-beloved cousins , and councellers , we greet you well . although we have already written our minde to you our councell ; yet upon our second thoughts , arising especially from some bad rumours , coming to our knowledge , we finde it necessarie both for our selfe , and for the good of that our kingdome , to declare , and make knowne both our disposition and desires more fully . wee know and feele the charge to be great , and the place to be high , wherein god ( the king of kings ) hath placed us , and that we must render an accompt of all our actions to him , who in his owne time shall judge all men without exception of persons . we have no other intentions , but by our government , to honour him by whom kings raigne , and to procure the good of our people : and for this end to preserve the right and authoritie wherewith god hath vested us , and which by his providence hath been derived to us , by many princely progenitors : in the which glory that our ancient kingdome , and native realme of scotland doth participate . we did not require of you , that you should sit as judges upon the affaires of another kingdome : we onely intended to have both our sufferings and our actions , ( as they are exprest in many papers past betwixt us and our parliament ) made throughly knowne unto you : that since we have none besides you whom wee can acquaint with our proceedings , you may clearly see that we have been so far from wronging our parliament of england , that we have given them all satisfaction , even above that which they themselves in the beginning did expresse , or almost desire : and as much as could well consist with the safety of our person and honour . we will not put you in minde of your naturall affection toward us , which we know will rather be kindled then extinguished by our distresse : nor of your covenant , wherein you are zealous of our greatnesse and authority , and which standeth in that sense wherein you did sweare and subscribe it : nor of the many good lawes made in our late parliament ( of which we hope the present and succeeding generations shall reap the fruits , when we are dead and gone : ) nor of the many promises made to us , upon which we were willing to yeeld to such things for settling the government of that our kingdome , in our personall absence , which neither could we have granted , nor would you have craved ( as your selves did professe ) had our greater affaires permitted our residence amongst you . and whereas we are most unjustly blamed and calumniated , . that we are popishly affected : . that we are the cause of the bloud-shed in ireland : . that we intend to bring in forraigne forces : we here do protest and declare in presence of him who knowes the most secret of our intentions and actions , that we are no wayes conscious to our selfe of the guiltinesse of any of the saids aspersions : and do take him to witnesse our innocency therein , who onely hath the priviledge to be the searcher of hearts . and if any after so full and plaine profession shall distrust this our free declaration , we attest god , that the fault is in the malignity of their rebellious humours , and no wayes deserved on our part . given at our court at yorke , the . of may , . london , printed by robert young , his majesties printer for the kingdome of scotland . a discourse upon questions in debate between the king and parliament. with certaine observations collected out of a treatise called, the diffrence between christian subjection, and unchristian rebellion. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing d ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a discourse upon questions in debate between the king and parliament. with certaine observations collected out of a treatise called, the diffrence between christian subjection, and unchristian rebellion. bilson, thomas, or - . true difference betweene christian subjection and unchristian rebellion. p. s.n., [london : ] caption title. an expanded edition of: a discourse upon the questions in debate between the king and parliament. includes selections from: bilson, thomas. the true difference betweene christian subjection and unchristian rebellion. reproduction of the original in the british library. eng prerogative, royal -- great britain -- early works to . great britain -- politics and government -- - -- early works to . a r (wing d ). civilwar no a discourse upon questions in debate between the king and parliament. with certaine observations collected out of a treatise called, the dif bilson, thomas f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion a discourse upon qvestions in debate between the king and parliament . with certaine observations collected out of a treatise called , the diffrence between christian subjection , and unchristian rebellion , having beene a by-stander , and observing so well as i could how this great game hath beene played on both hands ; betweene the king and parliament ; i have wondred to finde considering the declarations on both part● ) that with great expence of time and money they have made a shift to argu : themselves into a civill warre . and the the ●onder is no lesse to heare the varietie of opinions ; some asserting his ma●e●ties proceedings , some the parliaments , and some affirming that the thing in variance belongs to neither , divided from the other ; for ( say they ) it is but who shall rule arbitrarily , in cases to which the law hath not fully or not at all extended ; which the king calls his prerogative , the parliament ( as matters now stand ) theirs . to take the better view of the present differences , looke a little way backe upon the actions of precedent times . it hath beene the generall beliefe of this nation ( ●pon what reason i cannot judge ) that the designe of his majesties late father king james was to wynde up this government ●o the height of france , the better to ho●d correspondence with forraig● princes , whose power encreasing their riches , and both together their reputation , it was a shame to be left behind , but finding the times averse , and being the best astrologer in the world what the successe should be of ●i● owne actions , he betooke himselfe to the ●atisfactions of his age which he could acquire , and left the complement of this to his majestie that now is● in whose person were concurrent a title indubitable , setled by a succession , and the activitie and glory that is insepa●able to youth , and the fresh assu●ption to the throne of three kingdoms . the first dis●olved parliament ( to stumble at the first step ) seem'd ominous to some , others tooke it for a tryall , and in pursuance of the designe . and the rather for that ( his majesties protestations to govern by the laws , and his late answer to the petition of right notwithstanding ) the exaction of loane money immediately following , the erection of monopolies , and the forcible taking of the subsidie of tunnage and poundage , begat an universall diffidence in the people of his majesties personall promises , and an opinion , that his best resolutions were easily overthrowne by the counsell of others , and so consequently that his actions were not his owne : which opinion true or false when ever it got beliefe , hath proved fatall to the princes or to the people of this kingdome : for the nation hath hated to be governed by many viceroyes , and resents to insolencies in their princes so much as defects , rapes , murthers , and particular depredations , being more tollerable , when the vertues of the kingly office have a happy influence and latitude upon the whole bodie of the common-wealth and yet to speake a truth , the same argument that aggravates the violations in government may be a reasonable excuse for his majestie ( and the same that the reverence of the english nation to their princes hath ever uses ) those acts of injustice were not the kings but his ministers : for what other opinion could the king retaine , then what the judges delivered for law , and the divines for gospell : for these had made a generall definition of a king , and applyed it to all princes , and those had made a generall day of judgement upon all the laws , and subdued them to the will and pleasure of those princes : and being mindfull of their owne interest , and how much it concerned them to make the king absolute , whom they had hope absolutely to rule : they would needs make a king by the standard out of gods word , that his subjects might be slaves for conscience sake : and by examples taken from the kingdome of the iewes , they invested him with power essentiall to his office , to use at pleasure the persons or estates of his subjects ; of a divine institution , incomprehensible by lawes , if necessitie require a variation and under heaven no other iudge of that necessitie besides himselfe : and having placed him in the ranke of god● gave him the like election , to governe the world by second causes , the fit officers of nature , or by miracles and wonders , effects of his immediate interposition ; by the grand councels , iudges , and inferiour ministers of the lawes ; or by pate●●● with non ●bstante● , proclamations , and a divine prerogative . but to say a truth his majestie hath of late admitted a better information of this kingdome of government ; and hath given many assurances by protestation to innovate nothing , yet this satisfies not , and the reason would be examined ; as also what those difficult questions are , whereof the sword must needs make the resolution . the ill satisfaction the people receive , notwithstanding the kings mighty protestations to governe by the laws , to defend the protestant religion , priviledges of parliament , &c. springs out of this jealousie , that if it come into his majesties pow●r to doe otherwise , he will doe so . for who can thinke ( say they ) having the s●me maximes in his mind , and the same couns●ll in his eare , that he hath had ; that hee will doe otherwise than hee hath done : that he will after the ruine of this parliament , refuse the fruition of that which hath cost so much labour , when the danger is passed : who will believe he will have recourse for aid and advice to parliaments ; when he shall remember to what sad exigents he hath beene re●uced by them , ( whereof that himself was any part of the cause shall be hid from his eyes ) how averse they are in their composition from the genius of the court , how apt to be mis●ed by a few , how unfit councellers in matters out of their usuall cognizance , wanting abilities to advise and modesty to be silent , how slow and lingering the remedies are for the maladies of the common-wealth : who will not think how much better it is for the king ( if he can ) to satisfie the people upon the word of a king , on the word of a gentleman , that their grievances shall be remi●ied as well without a parliament ? who will not believe that he will rather choose to be the father of a militia of his owne , who receiving their livelyhood out of his coffers , shall helpe to fill them ; by whose hands he shall have power to mow the fertil meadows of britain as often in the summer as he pleaseth . and what shall hinder ? the law ? no ; there shall be the same imminent necessitie that was pretended before , and there shall not want both divines and lawyers that shall say the king and his private councell are sole iudges of that necessitie , shall the kings promises and protestations hinder ? i cannot tell , it may be so , i wish the people of this kingdome had such confidence in his majesties personall promises , but if the king cannot him●elfe tell , i no king nor private man can tell , how his councels and resolutions may change , when the ●●ate and condition wherein he made them is changed : if humane nature easily relapse to those things that it loves , and if the resumption of such illegall power , suggest not only the sweetnesse of riche● and dominion , but by false arguments comes apparelled with necessitie of the kingdoms preservation , i know not whether naked words subject to so much varietie of construction will be of force to resist so great temptation . hazael being but a private person thought himselfe much injur'd when the prophet made that cruell character of his future behaviour , am i ● dog ? yet he was so dogged , and few ( perhaps ) that knew him would ever have thought it . therefore if his majestie will have those promises believed , let him not apparantly go about to place himselfe in such a condition , that he may breake them at his pleasure . i know the allegations for the manner of his majesties present proceedings are , first the just vindication of his royall prerogative ( whereof it is pretended violation hath beene made to the prejudice of himselfe and the people ) and wherewith he is trusted by god ; which trust he may not ●●sert , for gods sake , his owne , and his peoples . for the prerogative of princes ( so much talked of and so little known ) it may in briefe be said , that all princes have gaind dominion by force or by bargaine , for to say that adam , if he had lived to this time had beene king of the whole world , and therefore the king is first in order before the people , his naturall vassals ; and production is an assertion invented to flatter princes , for all men know that the multiplication of colonies in regions far distant from the first rules of nations , must impell the necessitie of erecting many independent governments , and the necessitie will bee as great in the independency , as for the multiplicitie ) therefore by force or by contract they must commence : dominion got by force , is kept by force and stiled tyranny , or else it dissolves into government by contract , and so takes a lawfull forme . therefore of the nature and latitude of the prerogative that rests in the hands of a prince , that comes in by agreement with the people ; is the now dispute . it may be defined thus : a power to see the lawes put in execution , and to doe that which is good for the people in cases to which the lawes have not yet extended ; if there were no lawes ( as perhaps there are not many in the first erection of a monarchy ) but that all were trusted to the wisedome and goodnesse of the prince , yet by all the reason in the world the intendment of that trust was to enable him to doe good , not to doe every thing . now , where the lawes are positive the prerogative claimes no jurisdiction . the corruptions of princes , and the extravagancies of the people occasioned lawes , for bounds and limits to both : and it is a thing out of all question , that the first contract would have left no prerogative at all ; if all future needs and inconveniences of the government could at one intire view have beene presented to the people ; but that being impossible , the discretion of all common-wealths meeting in their representative bodyes , have given a stop by lawes to the progresse of any inconvenience as it hath beene emergent . his majestie complaines that he is divested of his legall prerogative . that is , hee is denyed the power to execute the lawes , with his owne sence and exposition upon them : and the lords and commons in parliament pray to have reduced into a law that arbitrary power which hee hath of custome exercised , in things to which the lawes doe not fully extend : or to speake shorter , they are not willing to trust him any longer with a power undefined , which they have imployed to their harme byt desire to have it defined and limited ; that for the time to come it may bee so no more ; and this they expect from his majestie as a duty of his office to the people , who if they are incapable of reason of state , yet are not incompetent iudges of what is good for themselvs ; unlesse we shall maintain aruments of france in england , and to the same end ; that the people are altogether ignorant of their own welfare , that the king only knowes it ; that is best with an implicite faith to trust him , and his army , and councell , with the safety of the common-wealth , and every mans life and estate , that when france is free from feare of forraigne enemies , the subjects shall bee discharged of the oppressions ; in the meane time to make himselfe and his mamalukes formidable to his neighbour princes he hath transformed millions of christ an soules into beasts , reducing them back to the elements whereof they were made , yet they must not complaine nor defend their lawes and liberties , lest they seeme to resist authority : nor supplicate the supreame magestrate to governe according to right reason , and the lawes of the kingdom , least they seeme wiser than their teachers , to be short , i hope it will never be so in england . and if the english parliament be at sometime mistaken ( as it is not to bee presum'd that they will bee ) yet they are not so much hurt by the inconvenience of that mistake , untill the next parliament rectifie , as they are , if they shall be disabled from al competency to judg in matters tending to their own welfare . for the other branch of his maiesties allegation that the streightning on his prerogative is prejudiciall to the people : it is true a prince of high and magnanimious endowments cannot dispense with that liberty and the influen●e of his excellent personall vertues , if he be too much bound up by the dead letter of the law ; for the actions of some have beene transcendent to all lawes or examples ; and pittie it had been that they should have beene confined . and ( indeed ) the people doe lose willingly of their liberties to such good princes which proves unhappie to them , when worse make a title to the same liberty , by such examples ; and there is no surer a signe of a weake prince , than to contest with the people upon these presidents , rather seeking examples for his purpose amongst the actions of his predecessours , than desirous to be himselfe an example to posterity . how ever those princes that have surmounted all lawes in their glorious actions have been very rare , a festivall that comes but once a yeare ; which if it came every quarter , yet a good constant diet were much better . it is strange to finde how defective some are in the right understanding of the mysteries they professe , what is it that a prince would have , ( that affects not glorious vindications and conquests upon forraigne enemies ) to live safely , plentifully , and beloved of his people , to dye lamented , rich , and of a blessed memory ; this is all that can accrue to the best of the sonnes of men ; and if princes did not proferre their wills before their profit ; if they did not shame lesse to picke lockes , pockets , and their subjects pursues , than to say , i thanke you ; if they did not chuse rather by force to justifie injustice , rapine and oppression , then to have any actions of themselves , or ministers called by such names , doubtlesse in a short time they could not chuse but arrive at an almost absolute dominion . for the arguments used to div●rt from honest accommodation● with the people , doe not appeare to me that ever they were entertain'd by those . heroick prince● that have fill'd the stories of all ages with their high and exc●llent glories , but by some of narrow and limited qualifications for government , one argument i● , that if the same wayes of munificence and bounty by which some princes have ingratiated t●emselves , shoul● for some descents of princes be pursued , the crown , regall authority , and revenue would be destroyed , and nothing left whereby to oblige the people or wherein ●o be liberall . ' t●s true , indiscreet prosution hath consumed many princes ( and that is indiscreet that is misimployed and lost ) it never avail'd ( that i have heard ) to the advanceme●t of any , nor doth it extend much further than the kings chamber ; nor is it any motive of affection in the people to heare , that the king is liberall of his purse to his servants and favourites . a princes bounty shines in a little spheare , if compared with the pe●ples , as his estate i● small , compared with the revenue of the whole common-wealth ; his liberality cannot extend to all his subjects , theirs may to him ; it is ●ot that vertue that exalts him in the opinion of the people . and yet it is a liberality but not co●sumptive to his estate , nor destructive to his authority , but accumulative to both , liberality , justice whereof the impartiall distribution hath raised princes into the ranke of gods . and i am verily perswaded if there should fall out to bee so happy a race of princes , who disposing all particular interests , should advance only publike justice and utility ; the armes , trafficke , and tranquillity of their people , the honour , industry , and spirit of the nations under their command ; that in a few descents they would become absolute , and clearely acquitted from all obligation to lawes , or at least the execution would bee so long intermitted that with much difficulty they would ever come in force , and the restitution seeme as great an innovation , as of late hath been thought of lawes in force long-layed aside for want of use ; and in the times of such princes we heare no t●lke of prerogative , or liberty , the one is surrendred to the will of the prince , the other imployed to the advantage of the people , and it is an infallible signe of great distempers in government when such disputes arise . to conclude the prerogative is a trust which ( because no lawes are large enough to meet with all accedents ) resides of necessity in the person , or body politick , where the soveraignty resides : and it is true t●e king is trusted by god with this prerogative , as all in authority are in their degree to discharge themselves piously towards him , hone●●●y ●o those under their command : he is also trusted by his subjects , who doe not say , they may resume their power upon breach of trust , but say , they ought ●ot to bee denie● when they desire those breaches to bee repaired and better fortified for time to come , and the trust exemplified into a law as occasion shall requ●re : nor is it re●sonable for ●ny prince in the world to say , i have beene tr●sted , and if i or my ministers have not in these and these particulars well di●charged ●hat trust , yet wee will bee trusted still , and you shall beleeve that matters shall be better herea●ter . what the priviledges of parliament are , i● another great question , i● under the tearme be comprised the king , the lords and commons , the question may be better made , what is not within the power and priviledge of parliament , for 't is on all hands confessed that the common-wealth may di●pose of it selfe ; but if the king be divided from them , what are then priviledge● ? truly none at all , if they cannot make a t●mporary provision to ●ave themselves without the kings licence ; for take away safety , and priviledge is gone ; if they be safe , yet if it be better knowne to their adversaries then themselves , and that the continuance be at disc●et●on and good pleasure of another , if any be a more competent iudge of their safety then them●elves they have no priviledge at all , say what they will . nor can it possible be that both houses have power to preserve the body of the kingdom which they repres●nt , if there not be an inherent e●sentiall and underived authority in ●h●t assembly to preserve it selfe ( ●is granted in the p●inces minority , absence , or incap●ssity to gove●ue , the power to preserve and provide for the state , rests in the great counsell , and their diligates , doubtlesse the case is the s●me , if it be on like manner granted that the p●ince is divided from the body of his people ●y evill counsell ( to prove if the counsell be good or bad , examine the legali●y , it appeares in his maiesties expres●es : and that of most remarke , is to declare law ( which being denied to the great counsell , must needs be taken to reside in the king and his privie counsell ) to have sole managing of the arms of the kingdome . and upon misprision of treason to sequester membe●s of parliament to tryall in inferior cou●●s . if this counsell he legall t' is good . if his majestie were admitted the best lawyer in the kingdom : yet if the laws of this kingdome have reserved the exposition of themselves to the law-makers and not to the k. the advise● to appropriate that power to himself is not good , ●hat they haue done so , presidents are not wanting where the j●dges have humbly praid both houses to deliver ●heir sence of a doubtfull law , if these commissions of array and breach of priviledges be declared illegall by them that have only power to declare law in dubious cases , then the advise by which they were done is not good , yet concerning this ●cruple of declaring law ; it 's true the parliament cannot declare that to be law which is not . they cannot declare it to be the law of the land that my b●o●he● by a second venter shall inherit my land before my kinsman ten degrees off though that were great reason but they can declare that there rests no power by vertue of any trust in any person to convert the forces of the kingdome to the destruction of it selfe . and they may declare it legall to stop the a●ven●●●es and appro●hes to such power if it be attempted , his majesty may array arm and command his subjects against the fr●nch and spaniard not therfore to fight one against another , he may array arm , and command them to suppresse rebels ●o legality declared not therefore to oppresse , the parliament , th●se are not very cons●quent to a reasonable man . it is no strange , nor are the examples rare to find how much princes may bee mistaken in the councellor● friends and enemies ; for how hardly can that ma● be thought an enemy who studies nothing so much as to enlarge the power , and advance the pro●it of his prince , yet the abundant services of some have more mischiefe to their masters than forraign armes or combination ever could , was it not taken for good service to invent a new revenue of . l. per annum to supply the wasted tents of the crowne . and would not he have bin esteemed rather a foole than no friend to the kings profit that had advised to lay that downe after it was once or twice paid . yet in his majesties own judgment that tax had better never bin . and it had never bin if the advise had never bin . and the advice had never bin ; or not bin pernitious ; if the king had received the same from the greater councell as he did then from the lesse . i am of opinion though it rain not in egypt , yet the inundations of nilus are caused by raine in another region . and the black clouds that hung over scotland and their troubled waters made them think it rained som where , and provide for the storm , for doubtlesse if the motion ●o ab●olute dominion and ruine of all laws , had not been so visible and swift in england as it was ; the new service book , had never brought so many thousands scots over tweed . we may then conclude upon the whole matter ; that that physicke was not good that brought the body of the common-wealth into so great distemper ; that the people though a moveable body like the ocean , yet never swe●l ●ut when blowne upon by intemperate windes ; that that councell which hath caused the king to stake his crowne , and the kingdomes their safety , now the third time ; that hath contested with the great councell for precedency in the kings judgement , and hath obtained it ; that broke the last parliament by the king , and would breake this by the kingdom : is not good for us , nor for those discree● gentlemen ( if they understood their owne interest ) that labour so much to ●upport it . but that in every case wherein the generall state of the kingdom is concerned , the advise ●h●t the body of the kingdome gives , upon a view taken of it selfe is not onely least erronious , but by the law not presum'd to erre . neither can the suggestion● made against this parliament ( indissoluble but by co●sent ) any way availe to countena●ce a forci●le dissolution , that they have too much handled the flowers of the crowne , those that adorne the pe●son , ●f not constitute the office of the king ; that they go about to erect a new aristocraticall government , or rather a tyrannicall of . or . that this assembly is no parliament , his majesty dissenting ; that the major part of both hous●s are gone to the king , or have left the rest , the remnant are a faction . to the first it is answered before ; that those rights of the crowne whic● are by the positive and expresse lawes of the land vested in the king to uses , are not questioned ; except in case where it is manifest that the uses have been prevented ; and in that case no more is required but that the breache● be repaired , and that the influences of his majesties government may be transmitted unto the people by better mediums , which is no prejudice to hi● majastie , unlesse he imagine that he ought not to grant it , because it is desired ; that he is bound to relieve the people , but not at the peoples reques● . we will take it for granted that in any case it onely appertaines to our soveraigne lord the king to defend wearing of arms . the use of this power vested in his majesty is for defence of himself an● subjects , and can h●ve no other intendment by law and reason , but suppose that by evill councell that may be about a prince ( by his own unwise election , or gods appointment when he gives princes bad councellours , or people ba● princes for scourges to wanton and corrupted nations ; ) this power is imployed to divide the kingdome against it selfe , one faction sees this power lodged in the person of the prince , but never observes to what end , so sides with him . another insist upon the end for which he was trusted , and defend themselves by arms : faction begets civill warre : civill warre dissolves the present government ; after followes a forraigne yoke● if our neighbour nations be not fast asleepe , or otherwise imployed : in this expectation , and in the ve●y minute when this imminent tempest is breaking upon our heads ; the representative bodie of the kingdome prostrates it selfe at his majesties feet , a●d beseech him to change ( not the government ) but a few subordinate governours , that he will shine upon his people through transparant and unblemished chrystall glasses , not through sanguine , murry , and azure which make the ayre and objects beheld to seeme bloody , and blue ; assuring him there is no other way to calme the seas that begin to rage and to preserve from wreck the ship of the common-wealth wherein his majestie is himself imbarqued , and is the greatest adventurer . now come in he malignant councellours , and tell his majestie that these humble supplications will ( if he yeeld to them ) turne to injunctions : ease them and do them right ( s●y they ) but not at the requst of parliament ; which is no lesse th●n to place him in a condition to do what he shal think to be right ; that is , w●at he shal be advised by them is right ; that is ( in many cases ) what ambition , hatred , covetousnesse , luxurie , lecherie , suggest to be right ; that is , flat tyrannie more absolute than the turks . for the introdu●tion of a new forme of government , the arguments are , that if the parliament draw to it selfe the jurisdiction of the maritime and land ●orces , the power to name councellours and judges● or prescribe a rule for their nomination , to make lawes ( for t is all one if the king may not deny those that are presented to him by both houses ) to perpetuate the sitting of this parliament : the soveraignty hath ( if these be allowed ) made no secret but a very apparant transition from the person of the king into the persons of the parliament men . the subjects of this kingdome have never had one example of a parliament that hath gone about to make themselves lords over their brethren ; and if they would they cannot ; for when they forsake the duty o● their place● and the interest of the kingdome , the kingdome will forsake them ; and sometimes before : which though the people have dearly repented , yet it serves to prove that the subsistance of a parliament is impossible if dominion or any other end be perceived then reformation and preservation of the common-wealth . in the minority and absence of former kings● opportunity was farre more favourable for such a designe then at this present , yet what prince was ever hurt by his infan●y or absence , when they were trusted both with his dignity and revenue . and t is out of question , if his majesty had been clearely concurrent with this parliament for the punishment of delinquents , and conservation of the peace , and liberty of the subject , they had never risen up into so high requests ; but take the argument at the best , it followes not that the parliament intends to assume soveragne authority , because when ireland is in rebellion . england in combustion , scotland scarce quieted , france and spaine in armes , they do humbly supplicate his majesty to entrust , for a short and limited time , the militia under the commands of persons of honour , that the lords and commons ( those whose blood and es●a●es must defend the state ) may repose saith in : yet this is not to be granted , and the feares and jealousies of his majesties best kingdome and most obedient subjects held so unworthy of any regard or satisfaction , that they are esteemed and so published for frivolous and false pretended , meerly to obtain an unjust purchase out of the kings prerogative . for the nomination of prime officers , councellours and judges , i presume that request results out of the precedent misgovernment , and is intended onely for this time ; and peradventure the temper will be better for the people , that the king ( being once invironed with a wise and religious councell ) appoint judges and publique officers , whom the people may , if there be cause accuse , and the parliament judge ; nor would this branch of the kings prerogative been reached at by the people , if the judges ( who ought to be conservators of the lawes● had not been the destroyers ; if the counsell of a few even in parliament time , had not involved the whole state in a common calamity ; and contested with the grand counsell of the kingdome assuming to t●emselves more zealous affection to his majesty , a greater care of the common-wealth and a better di●cerning what was necessary and fit for both , yet the election of publike officers is not without president in the times of former kings ; but i would not have those kings presidents to his majesty , that such demands may not be president to us . concerning the perpetuall dictatorship of the parliament , it may be deman●ed● why is the work prolonged by them , who aske why are you so long at worke ? why are delinquents protected ? by what meanes are difficulties objected ? how comes t●is rebellion in ireland ? why doth the parliament spe●d time in providing for their own safety ? which ought to be spent in redresse of publique disorders and vindication of the subjects from oppression ? doe they pretend feare , because they would rule ? let his majesty render those feares apparently false , and concur more hartily than they in securing the kingdome ; let him grant commissions for ireland , let him grant guards for the parliament as well to secure their feare as their danger : why should his majesty confirme their feares by discharging their guards , and attemping their persons ; if he know them to be safe● let them know it also , or confute their fear to the understanding of the whole kingdome , by granting their owne wayes of security , the next way to dete●t those apparitions of feare if they be false . and when the religion of our church is vindicated ; the vigour of our lawes renewed ; a guard of strength and terror provided for their future preservation ; the rebellion in ireland quelled ; his majesties revenue examined and repaired ; particular delinquents punished ; the court of justice reformed ; the banks founded by the industry of our ancesters with so much blood and treasure against the inundations of the prerogative , or malignity of private counsels repai●ed and better fortified , then let us see what pretence will be made for continuation of the session still . the english nation will not doubtlesse sell their birth-right for a messe of pottage . nor chang the government of a prince ( time nor story remembring any other in these kingdomes ) of extraction so i●lustrious of a title so indubitable , to be ruled by their equall , peradventure inferiour neighbours . to that allegation that this assembly is no parliament in the kings absence ; if it be understood when he is not present● it is an opinion so ancient as since his majesty left the parliament , for before i am perswade● it was never heard of : and it must follow thereupon ( as hath been answered ●efore ) that by the accedentall absence of the prince● or in sickne●●es that induce stupifaction , or in the first degrees of infancy , when the pow●● of the reasonable soul , have no latitude of operation , the state may be left without means to preserve it self , which is a great obsurditie to think . but if by the kings absence be undestood the want of his voluntary concurrence in confirmation of the acts and ordinances of both houses , and that in such cases they are no parliament , it may well be doubted if they have bin any parliament during this session : for the acts that have passed his royall ascent ( so much amplified in his late declarations to the people ) are shrodely suspected to be with no great good liking of his majestie . i am sure if they were voluntary , they were not exhibited with due circumstances , for through that opinion , his majestie hath lost much of the thanks due for such transcendent graces , which no prince , or inferior person , ought in discretion to loose . however that both houses legally convened and authorised to sit , do not by the kings absence loose the essence and denomination of a parliament , appears by presidents of former times , when in the absence of a prince ( further distant in body then his majestie is in minde i hope ) the estates have assembled themselves ( which is a little higher then was yet in dispute ) have administred oathes of fealtie to the subject , have named officers for publique services , and as well to superintend the peace of the kingdom as the revenue of the king . and though there was not nor is any law authorising the assembling of a parliament in such a case , yet was the legallity of that parliament never questioned , nor will , of any other upon the same or the like occasion , when the matter to be treated on is the peace and safety of the kingdome , whether the king be absent in body or minde , it changes not the question much . but which is a short answer to all that can be said is : that by an act of all the estates , this parliament is not disolveable , but by an act of all the estates , therefore a parliament untill that act be passed . to the other part of the allegation that major part of both houses have left the rest , and are gone over to the king . it may be demanded why doth not then his majesty send them up to adjourn the parliament to oxford or cambridge , are they so fearfull of the aprentizes of london , that they dare not appear to do his majestie so great a service by shouting a yea or no in the house of commons , how willingly would they adventure a battell that refuse to speak a word in a croud . truly it were the way to put an end to all the controversie , to reverse with ease the acts that have given so great cause of repentance , to reduce the parliament to termes of due obedience ; to save a multitude of offenders to weede out of both houses those factious members that insist so obstinately upon a trust reposed in them ; to distill out of the delinquent city of london much cordiall water to save the labour , charge , and hazards of warre , to save the purses , persons , and horses of the willing gentry , who labour for those fetters ( such is the understanding of this time ) that their fathers swet to be rid from ; for if armes be raised onely against a smal malignant party , a faction of a few parliament men : the major number would quickly deliver them up and what place could afford safety for them against the ire of his majesty and both houses of parliament . to such as put these questions , what is the power and priviledge of parliament , by what law doe they impose orders upon the people without the kings assent ? they seeme to me like them that dispute how legally the next houses are pulled downe , when the flame and windes make cruell vastation in the beautifull buildings of a populous citie . they are honest m●n , and would faine be thought wise , but i doubt it is not in the o be of their understa●ding to comprehend● what power resides in the vast body of the people , and how unlimitedly that power operates , when it is animated by danger , for preservation of it selfe . a man may make the same observation upon them that is made upon cato , who pleaded the lawes and usages of peaceable times , when the liberty of that common-wealth was at the last ●aspe , and would not be drove off it , till it was too late ; his argument was this in effect , that the authors of lawes for preservation of the common-wealth , may not preserve it , but by their owne creature . this was cato his error , and is so confessed by all men yet ( i take it ) he was a better statesmen then these disputants . the king was admitted judge of the danger of the common-wealth before the parliament and it was appara●t for no other reason , but the better to levy mony ? shall the parliament sitting be a lesse compatent judge ? as though a physitian that saith you are not well , though you do not perceive it ; give me five or ten peeces , i will c●re you , shall be the better beleeved then the man that hath been wasted with a quotidian fever sixteen yeeres together . they talke what the parliament may doe , and what not , as though this were the parliament that made an act for pavement of an high-way , and had little other worke . truely , if the regulation of a trade , or creation of a tenure , or erection of a corporation were the question in a peaceable time , it were easily resolved , that the kings demurre should stand for a denia●l ; but to say the kingdome may not defend and secure it selfe , who ever saith to the contrary , is to fight against the oldest and best knowne law in nature , the center of all lawes , and the inseparable right of all kingdomes , corporations and creatures . but they say the kingdome is in no such danger ; who is a better judge the repres●ntative body of the kingdom it selfe ? not those that say so . who like a man that standing upon the beach at dover will not beleeve that the sea hath any shore towards fra●co , untill he be brought to the top of the hill. it is not within their view to tell better then the parliament whether there be danger or not . his majestie indeed hath the most eminent place to observe what collection of clouds are in any quarter of the heaven , and what weather it wi●● be , but his calculations ( supposed to be made by others from a lower ground ) are therefore not so well beleeved . but be it in danger or none it matters not much the lawes have been in danger● ( none will deny ) and were recovered by another danger or had been lost : i● it be now peace ( as th●se men say ) it is the better time to secure them● if it be not peace , it is well to save the common-wealth by any means whatsoever , and if the king concurre not so speedily as the occasion requires , the b●ame is not theirs that go before for his preservation and their own . to make an end , i wish an union of the three kingdomes , under the same government● ecclesiasticall and cavell ( if it be possible ) that this crowne having three such supporters , and surrounded with the salt waters at unitie , at libertie , at peace in it self may not fear the whole forces of the disjoynted contenent of europe , that his majestie would understand his interest to be , to unite , not to divide his subjects , and to remember with what tropheyes the magnanimous princes of former times have adorned their funerals and fame . that he will chuse rather to fight in the head of the brittish armies , for restitution of his nephews to their lost , inheritance , than imploy them here to pillage and destroy his own subjects ; that he will first command the hearts , then the persons , then the estates of his subjects , and not begin at the wrong end : that in the parliament may reside a spirit of that latitude and noblenesse which ought to dwell in an assembly of so much honour and gravitie , that just things be done for justice sake , without bowing lesse or more for the raging of popular surges in the south● or for the cold winds that blow from the north : that the conditions of peace may not be enhansed by any prosperous successe , but like the noble romane before and after the victorie the same : that his majestie may be convinced of the errour of his private councels , by finding in the grand councell a quiet repose and a stable foundation of peace and plentie to his royall person and familie . and lastly ( since his majestie and his people thus divided cannot be happie ) that with all convenient expedition , such as have studied this division between the head and the body , may h●ve their heads divided from their bodies . so farewell . certain observations , collected out of a treatise , called , the difference between christian subjection , and unchristian rebellion ; compiled by that judicious and learned divine , tho : bilson , then warden of winchester , since bishop there ; necessary in these times to be perused . theophilus the christian . philander the jesuite . theop. cases may fall out even in christian kingdomes , where the people may plead their right against the prince , and not be charged with rebellion . phil. as when for example ? theop. if a prince should goe about to subject his kingdome to a foraigne realme , or change the forme of the common-wealth from impery to tyranny , or neglect the lawes established by common consent of prince and people to execute his owne pleasure ; in these and other cases which might be named ; if the nobles and commons joyne together to defend their ancient and accustomed liberty , regiment and lawes , they may not well be counted rebels . phil. you denied that even now when i did urge it . theop. i denied that bishops had authority to prescraibe conditions to kings , when they crowned them ; but i never denyed that the people might preserve the foundation , freedome , and forme of their common-wealth , which they foreprized when they first consented to have a king . i never said that kingdomes and common-wealths might not proportion their states as they thought best ; by their publique lawes , which afterwards the princes themselves may not violate . by superiour powers ordained of god , we understand not onely princes , but all politicke states and regiments , somewhere the people , somewhere the nobles having th esame interest to the sword that princes have in their kingdomes , and in kingdomes where princes beare rule ; by the sword we doe not mean the princes private wil against his laws ; but his precept desired from his aws , & agreeing with his laws ; which though it be wicked , yet it may not be resisted of any subject with armed violence . marry when princes offer thei● subjects no● justice but force , and despize all lawes to practice their lusts ; not every nor any private man may take the sword to redresse the prince ; but if the lawes of the land appoint the nobles as next to the king to assist him in doing right , and with-hold him from doing wrong , then they be licensed by mans law , and so not prohibited by gods to interpose themselves for the safe-guard of equity and innocence ; and by all lawfull and needfull meanes to procure the prince to be reformed ; but in no case deprived , where the scepter is inherited , &c. finis . notes, typically marginal, from the original text notes for div a e- allowed by publike anthority to be set forth , as in the title page may appear . the third part , pag . verbatim . in some cases the nobles & commons may stand for the publike regiment and lawes of their countrey . christian kingdomes may settle their states with common consent of prince and people , which the prince alone cannot alter . the princes sword , his law , not his ●ust . princes may be stayed from tyranny by their own realmes though not deposed . plato redivivus, or, a dialogue concerning government wherein, by observations drawn from other kingdoms and states both ancient and modern, an endeavour is used to discover the present politick distemper of our own, with the causes and remedies ... neville, henry, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) plato redivivus, or, a dialogue concerning government wherein, by observations drawn from other kingdoms and states both ancient and modern, an endeavour is used to discover the present politick distemper of our own, with the causes and remedies ... neville, henry, - . the second edition, with additions. [ ], p. printed for s.i. and sold by r. dew, london : . written by henry neville. cf. dnb. errata: p. [ ]. reproduction of original in union theological seminary library, new york. page has print missing in filmed copy. pages -end photographed from princeton university library copy and inserted at end. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng prerogative, royal -- england. political science -- early works to . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion plato redivivus : or , a dialogue concerning government . wherein , by observations drawn from other kingdoms and states both ancient and modern , an endeavour is used to discover the present politick distemper of our own , with the causes , and remedies . non ego sum vates , sed prisci conscius aevi . pluribus exemplis haec tibi mysta cano. res nolunt male administrari . the second edition , with additions . london , printed for s.i. and sold by r. dew , . the publisher to the reader . courteous reader , all the account i can give thee of this piece is ; that about the middle of october last it was sent to me , accompanied with a letter without a name , and written in a hand altogether unknown to me , though different from the character of the dialogue it self , and the argument . the letter was very short ; and contained only , that the writer having the fortune to meet with this discourse ( of which he denied to be the author ) he thought it very fit to be sent to me , to the end if i thought it could be of any advantage to me , and no prejudice , i might publish it if i pleased , and make my best of it . when i had opened it , and perceived that it treated of government , and of the present times ; i supposing it to be something of the nature of those scurrulous libels which the press spawns every day , was extreamly displeased with my servant , for receiving in my absence , and in these dangerous days , such a pacquet , without taking any account or notice of the messenger who brought it : 'till he , to appease me , assured me , that the bearer did look like a gentleman , and had a very unsuitable garb to a trapan ; and that he did believe he had seen him often at my shop , and that i knew him well . when i had begun to read it , and found no harm , i was resolved to peruse it in the company of a gentleman , a worthy friend of mine ; who , to his exact skill and learning in the laws of his country , hath added a very profound knowledge in all other literature ; and particularly , the excellence of platonick philosophy . when we had joyntly gone through it , he was clearly of opinion , that although some might be angry with certain passages in it , yet the discourse reflecting upon no particular person , was very uncapable of bringing me into any danger for publishing it ; either from the state , or from any private man. when i had secured my self against damnum emergens , we went about the consideration of the other part of the distinction of the schools , which is lucrum cessans , and i made some objections against the probability of vending this dialogue to profit ; which , in things of my trade , is always my design , as it ought to be . my first fear in that behalf was , that this author would disgust the reader , in being too confident and positive in matters of high a speculation . my friend replied , that the assurance he shewed was void of all sawciness , and expressed with great modesty : and that he verily believed that he meant very faithfully and sincerely towards the interest of england . my next doubt was , that a considerable part of this treatise being a repetition of a great many principles and positions out of oceana , the author would be discredited for borrowing from another , and the sale of the book hindred . to that my friend made answer , that before ever oceana came out , there were very many treatises and pamphlets , which alledged the political principle , that empire was founded in property , and discoursed rationally upon it : amongst the rest , one entituled a letter from an officer in ireland , to his highness the lord protector , ( which he then shewed me ) printed in . as i remember ; which was more than three years before oceana was written : and yet , said he , no man will aver that the learned gentleman who writ that book had stollen from that pamphlet . for whosoever sets himself to study politicks , must do it by reading history , and observing in it the several turns and revolutions of government : and then the cause of such change will be so visible and obvious , that we need not impute theft to any man that finds it out : it being as lawful , and as easie for any person , as well as for the author of oceana , or that pamphlet , to read thucidides , polybius , livy or plutarch : and if he do so with attentiveness , he shall be sure to find the same things there that they have found . and if this were not lawful , when that any one person has written in any science , no man must write after him : for in polity , the orders of government ; in architecture , the several orders of pillars , arches , architraves , cornishes , &c. in physick , the causes , prognosticks and crisis of diseases , are so exactly the same in all writers , that we may as well accuse all subsequent authors to have been but plagiaries of the antecedent . besides this , the learned gentleman added , that oceana was written ( it being thought lawful so to do in those times ) to evince out of these principles , that england was not capable of any other government than a democracy . and this author out of the same maxims , or aphorisms of politicks , endeavours to prove that they may be applied naturally and fitly , to the redressing and supporting one of the best monarchies in the world , which is that of england . i had but one doubt more , and that was an objection against the title , which i resolved at the first not to mention , because i could salve it by altering the title page . but since i had opportunity , i acquainted the gentleman with it : and it was , that certainly no man would ever buy a book that had in front of it so insolent and presumptuous a motto as plato redivivus ; for that he must needs be thought not only vain in the highest degree , but void of sence and iudgement too , who compares himself with plato , the greatest philosopher , the greatest politician ( i had almost said the greatest divine too ) that ever lived . my counsellor told me that he had as great a resentment of any injury done to plato as i , or any man could have . but that he was hard to believe that this man intended to compare himself to plato , either in natural parts or learning ; but only to shew that he did imitate his way of writing , as to the manner of it ; ( though not the matter ) as he hath done exactly . for plato ever writ these high matters in easie and familiar dialogues , and made the great philosophers , and learned men of that age ; as simias , cebes , timaeus , callias , phaedon , &c. yea and socrates himself , the interlocutors , although they never heard any thing of it till the book came out . and although talking of state affairs in a monarchy must needs be more offensive than it was in the democracy where plato lived . and therefore our author has forborn the naming the persons who constitute this dialogue ; yet he does make a pretty near representation and character of some persons , who , i dare swear never heard of this discourse , nor of the author's design . this convinced me , and made me suffer the title to pass . so that i have nothing more to say to thee , courteous reader , but to desire thee to pardon the faults in printing , and also the plainness and easiness of the style , and some tautologies : which latter i could easily have mended , but that i thought the author did not let them pass out of neglect , but design : and intended that both they , and the familiarity of the words and expressions , suited better with his purpose of disposing this matter to be treated in ordinary conversation amongst private friends , than full periods and starch'd language would have done ; which might have been impropriety . the next request i have to thee is , that if thou dost believe this discourse to be a very foolish one , as it may be for ought i know ( for i am no fit iudge of such matters ) that thou wilt yet vouchsafe to suspend thy censure of it for a while , till the whole impression is vended : that so , although neither the publick nor thy self may ever reap any benefit or profit by it , i may be yet so fortunate by thy favour as to do it . which will make me study thy content hereafter in something better ; and in the mean time remain , thy friend and servant . errata . pag. ii. lin . . for we r one . p. . l. . ' for sphynx r. oedipus . p. . l. ult . r. iussu . p. . l. . r. endeavested , p. . l. . r. ●eirotonia . p. . l. . for of r. or . l. . r. the mending . p. . l. . for or r. and. p. . l. . for of r. or , p. . l. . for ●is will r. his writ , p. . l. . r. most monarchies , p. , l. . for is r. by an . political discourses and histories worth reading . . the works of the famous nicholas machiavel , citizen and secretary of florence , containing , . the history of florence . . the prince . . the original of the guelf and ghibilin factions . . the life of castruccio castracani . . the murther of vitelli , &c. by duke valentino . . the state of france . . the state of germany . . the discourses on titus livius . . the art of war. . the marriage of belphegor , a novel . . nicholas machiavel's letter , in vindication of himself and his writings : all written in italian , and from thence newly and faithfully translated into english. in folio , price bound , s. . i ragguagli dj parnasso ; or advertisements from parnassus , in two centuries , with the politick touchstone , written originally in italian , by that noble roman trajano boccalini . englished by the earl of monmouth : in folio price bound s. . the history of the affairs of europe , in this present age , but more particularly of the republick of venice , written in italian , by battista nani , cavalier and procurator of st. mark : englished by sir robert honiwood , knight ; in folio , price bound s. . the history of the government of venice , wherein the policies , councils , magistrates , and laws of that state are fully related , and the use of the balloting box , exactly described : written in the year , in octav. price bound s. . the history of the turkish empire , from the year , to the year , containing the reigns of the three last emperours , viz. sultan morat , sultan ibrahim , and sultan mahomet th , his son , the th emperour now reigning : by paul rycaut , esq late consul of smyrna . in folio , price bound s. . the present state of the ottoman empire in books , containing the maximes of the turkish polity , their religion and military discipline , illustrated with divers figures . written by paul rycaut , esq late secretary to the english ambassadour there , and since consul of smyrna . the fourth edition , in octavo , price bound s. him for near two moneths , had certain necessary occasions , which called him for some time into the country . where he had not been above three weeks , before he heard , by meer accident , that the gentleman of venice was fallen dangerous sick of a malignant feaver . which made him post away immediately to london , to assist and serve him in what he might . but he found him almost perfectly restored to his health by an eminent physician of our nation , as renowned for his skill and cures at home ; as for his writings both here and abroad : and who besides his profound knowledge in all learning , as well in other professions as his own , had particularly arriv'd to so exact and perfect a discovery of the formerly hidden parts of human bodies , that every one who can but understand latine , may by his means know more of anatomy than either hypocrates , or any of the ancients or moderns did , or do perceive . and if he had lived in the days of solomon , that great philosopher would never have said , cor hominis inscrutabile . this excellent doctor being in the sick mans chamber , when the other english gentleman , newly alighted , came to visit him . after some compliments and conversation of course , they begun to talk of political matters , as you will better understand by the introduction , and by the discourse it self . the first day . the introduction . english gentleman . the sudden news i had of your sad distemper , and the danger you were in , has been the cause of a great deal of affliction to me , as well as of my present and speedy repair to london , some weeks sooner than i intended : i must confess i received some comfort to hear at my arrival of your amendment , and do take much more now to find you up , and as i hope recover'd ; which i knew would be a necessary consequence of your sending for this excellent physician , the esculapius of our age , it being the first request i had to make to you , if by seeing him here in your chamber i had not found it needless . for the destiny of us english-men depends upon him , and we either live or dye infallibly , according to the judgment or good fortune we have , when we are sick , either to call or not call him to our assistance . noble venetian . i am infinitely obliged to you , for your care of me , but am sorry it has been so inconvenient to you , as to make you leave your affairs in the countrey sooner than you proposed to your self to do : i wish i might be so fortunate in the course of my life , as to find an opportunity of making some part of an acknowledgment , for this and all the rest of your favours , but shall pray god it may not be in the same kind ; but that your health may ever be so entire , that you never need so transcendent a charity , as i now receive from your goodness : and as to this incomparable doctor ; although , i must confess , that all the good which has happen'd to me in this country , as well as the knowledge i have received of persons and things , does derive from you ; yet i must make an exception , as to this one point ; for if i can either read , or hear , this gentleman 's excellent writings , and the fame he worthily injoys in my country , would have made it inexcusable in me , to implore the help of any other ; and i do assure you , that , before i left england , it was in my ambition to beg your mediation towards the bringing me into the acquaintance and favour of this learned person , even before i had any thoughts of becoming the object of his care and skill , as now i am the trophy of both . doctor . well , gentlemen , you are both too great to be flatterers , and i too little to be flattered , and therefore i will impute this fine discourse you both make about me , to the overflowing of your wit , and the having no object near you to vent it upon but me . and for you , sir , if my art fail me not , the voiding this mirth , is a very good sign that you are in a fair way to a perfect recovery . and for my countryman here : i hope whilst he has this vent , that his hypocondriack distemper will be at quiet , and that neither his own thoughts , nor the ill posture of our publick affairs will make him hang himself , for at least this twelve months : only , gentlemen , pray take notice , that this does not pass upon me , nor do i drink it like milk ( as the french phrase it ) being mindful of what a grave gentleman at florence replyed to a young esquire , who answered his compliments with , oh , sir , you flatter me , i prencipi s'adulano i pari vostri si coglionono ; that last word i cannot render well into latin. english gentleman . well , doctor , we will not offend your modesty : the next time we do you justice , it shall be behind your back , since you are so severe upon us . but you may assure your self that my intention of recommending you to this gentleman , was for his own sake , and not for yours : for you have too many patients already , and it were much better , both for you and us , that you had but half so many : for then we should have more of your writings , and sometimes enjoy your good conversation ; which is worth our being sick on purpose for . and i am resolved to put my self sometimes into my bed , and send for you , since you have done coming to our coffee-house . but to leave this subject now , i hear you say , that this gentleman is in a perfect way of recovery ; pray is he well enough to hear , without any prejudice to his convalescence , a reprehension i have to make him ? doct. yes , yes ; you mav say what you will to him , for your repremands will rather divert than trouble him , and prove more a cordial than a corrosive . eng. gent. then , sir , pray consider what satisfaction you can ever make me , for the hard measure you have used towards me , in letting me learn from common fame and fortune , the news of your sickness , and that not till your recovery ; and for depriving me of the opportunity of paying the debt i owe to your own merit , and to the recommendation of those worthy persons in italy , who did me the honour to address you to me . and this injury is much aggravated by the splendour of your condition , and greatness of your fortune , which makes it impossible for me ever to hope for any other occasion to express my faithful service to you , or satisfie any part of the duty i have to be at your devotion . to be sick in a strange country , and to distrust the sincerity and obedience of — noble ven. pray , sir , give me leave to interrupt you , and to assure you , that it was not any distrust of your goodness to me , of which i have had sufficient experience ; nor any insensibleness how much your care might advantage me ; much less any scruple i had of being more in your debt ; which if it had been possible for me to entertain , it must have been thought of long since , before i had received those great obligations , which i never made any difficulty to accept of . it was not , i say , any of these considerations , which hindred me from advertising you of my distemper ; but the condition and nature of it , which in a moment depriv'd me of the exercise of those faculties which might give me a capacity of helping my self in any thing . but otherwise i assure you that no day of my life shall pass , wherein i will not express a sence of your favours , and — doct. pray now , sir , permit me to interrupt you ; for this gentleman , i dare say , looks for no compliments ; but that which i have to say , is ; that the desire you signified to me , to give you some account of our affairs here , and the turbulency of our present state , will be much better placed , if you please to address it to this gentleman whose parts and studies have fitted him for such an employment ; besides his having had a great share in the managing affairs of state here , in other times : and really no man understands the government of england better than he . eng. gent. now , doctor , i should tell you , i pari miei si coglionono , for so you your self have baptized this kind of civility ; but however , this is a province that i cannot be reasonably prest to take upon me , whilst you are present , who are very well known to be as skillful in the nature and distemper of the body politick , as the whole nation confesses you to be in the concerns of the natural . and you would have good store of practice in your former capacity , if the wise custom amongst the ancient greeks were not totally out of use . for they , when they found any craziness or indisposition in their several governments , before it broke out into a disease , did repair to the physicians of state ( who , from their profession , were called the seven wise men of greece ) and obtain'd from them some good recipes to prevent those seeds of distemper from taking root , and destroying the publique peace . but in our days , these signes or forerunners of diseases in state are not foreseen , till the whole mass is corrupted , and that the patient is incurable , but by violent remedies . and if we could have perceived the first symptoms of our distemper , and used good alteratives , the curiosity of this worthy gentleman had been spared , as also his command to you , to give him some light into our matters ; and we unfortunate english-men had reposed in that quiet , ease , and security , which we enjoy'd three hundred years since . but let us leave the contest who shall inform this gentleman , lest we spend the time we should do it in unprofitably , and let each of us take his part ; for if we speakall , it will look like a studied discourse fitted for the press , and not a familiar dialogue . for it ought to be in private conversation , as it was originally in the planting the gospel , when there were two sorts of preaching ; the one concionary , which was used by the apostles and other missionaries , when they spoke to those who had never heard of the mysteries of christian religion , possibly not so much as of the jewish law , or the history of christ : the duty of those was to hear , and not reply , or any way interrupt the harrangue : but when the believers ( called the church ) assembled together , it was the custom of such of the auditors , to whom any thing occurred , or ( as s. paul calls it ) was revealed , to interpose and desire to be heard , which was called an interlocutory preaching , or religious conversation ; and served very much to the instructing and edifying those who had long believed in christ , and possibly knew as much of him as their pastor himself ; and this is used still amongst many of our independent congregations . doct. i have ( besides the reason i alledged before , and which i still insist upon ) some other cause to beg that you will please to give your self the trouble of answering this gentleman's queries ; which is , that i am very defective in my expressions in the italian language ; which though i understand perfectly , and so comprehend all that either of you deliver , yet i find not words at hand to signifie my own meaning , and am therefore necessitated to deliver my self in latin , as you see . and i fear that our pronunciation being so different from that which is used in italy , this worthy person may not so easily comprehend what i intend , and so be disappointed in the desire he hath to be perfectly instructed in our affairs . noble ven. really , sir , that is not all ; for besides that , i confess your pronunciation of the latin tongue to be very new to me , and for that reason i have been forced to be troublesom to you , in making you repeat things twice , or thrice . i say besides that your latinity , as your writings shew , and all the world knows , is very pure and elegant , which it is notorious to all , that we in italy scarce understand : gentlemen there never learning more latin , than what is necessary to call for meat and drink , in germany or holland , where most of the hosts speak a certain franck , compounded of dutch , latin , and italian . and though some of us have latin enough to understand a good author , ( as you have of our language ) yet we seldom arrive to speak any better than this franck , or can without study comprehend good latin , when we meet with it in discourse . and therefore it is your perfection in that tongue , and my ignorance in it , that makes me concur with you , in desiring this gentleman , to take the pains of instructing my curiosity in italian . eng. gent. i shall obey you in this , and all things else , upon this condition , that both you and the doctor will vouchsafe to interrogate me , and by that means give me the method of serving you in this : and then that you will both please to interrupt and contradict me , when you think i say any think amiss , or that either of you are of a different opinion , and to give me a good occasion of explaining my self , and possibly of being convinced by you , which i shall easily confess ; for i hate nothing more than to hear disputes amongst gentlemen , and men of sence , wherein the speakers seem ( like sophisters in a colledge ) to dispute rather for victory , than to discover and find out the truth . doct. well , all this i believe will be granted you ; so that we have nothing to do now , but to adjourn , and name a time when to meet again . which i , being this gentlemans physician , will take upon me to appoint , and it shall be to morrow morning about nine of the clock , after he has slept well , as i hope he will , by means of a cordial i intend to send him immediately . in the mean time , not to weary him too much , we will take our leaves of him for this night . noble ven. i shall expect your return with great impatience , and if your cordial be not very potent , i believe the desire of seeing you will make me wake much sooner than the hour you appoint . and i am very confident , that my mind aswell as my body , will be sufficiently improved by such visits . it begins to be darkish , boy light your torch , and wait on these gentlemen down . both. sir , we wish you all good rest and health . noble ven. and i , with a thousand thanks , the like to you . the second day . doct. well , sir , how is it ? have you rested well to night ? i fear we come too early noble ven. dear doctor , i find my self very well , thanks to your care and skill , and have been up above these two hours , in expectation of the favour you and this gentleman promist me . doct. well , then pray let us leave off compliments and repartees , of which we had a great deal too much yesterday , and fall to our business , and be pleas'd to interrogate this gentleman what you think fit . noble ven. then , sir , my first request to you , is , that you will vouchsafe to acquaint me for what reasons this nation , which hath ever been esteemed ( and very justly ) one of the most considerable people of the world , and made the best figure both in peace , treaties , war , and trade , is now of so small regard , and signifies so little abroad ? pardon the freedom i take , for i assure you it is not out of disrespect , much less of contempt that i speak it : for since i arrived in england , i find it one of the most flourishing kingdoms in europe , full of splendid nobility and gentry ; the comliest persons alive , valiant , courteous , knowing and bountiful ; and as well stored with commoners , honest , industrious , fitted for business , merchandise , arts , or arms ; as their several educations lead them . those who apply themselves to study , prodigious for learning , and succeeding to admiration in the perfection of all sciences : all this makes the riddle impossible to be solved ; but by some skillful sphynx , such as you are ; whose pains i will yet so far spare , as to acknowledge , that i do in that little time i have spent here , perceive that the immediate cause of all this , is the dis-union of the people and the governours ; the discontentment of the gentry , and turbulency of the commonalty ; although without all violence or tumult , which is miraculous . so that what i now request of you , is , that you will please to deduce particularly to me , the causes of this division , that when they are laid open , i may proceed ( if you think fit to permit it ) from the disease , when known , to enquire out the remedies . eng. gent. before i come to make you any answer , i must thank you for the worthy and honourable character you give of our nation , and shall add to it , that i do verily believe , that there are not a more loyal and faithful people to their prince in the whole world , than ours are ; nor that fear more to fall into that state of confusion , in which we were twenty years since ; and that , not only this parliament , which consists of the most eminent men of the kingdom , both for estates and parts ; but all the inhabitants of this isle in general ; even those ( so many of them as have their understandings yet entire ) which were of the anti-royal party , in our late troubles , have all of them the greatest horrour imaginable , to think of doing any thing , that may bring this poor country into those dangers and uncertainties , which then did threaten our ruin ; and the rather for this consideration ; that neither the wisdom of some , who were engaged in those affairs , which i must aver to have been very great , nor the success of their contest , which ended in an absolute victory , could prevail , so as to give this kingdom any advantage ; nay , not so much as any settlement , in satisfaction and requital of all the blood it had lost , mony it had spent , and hazzard it had run . a clear argument why we must totally exclude a civil war from being any of the remedies , when we come to that point . i must add further , that as we have as loyal subjects as are any where to be found , so we have as gracious and good a prince : i never having yet heard that he did , or attempted to do , any the least act of arbitrary power , in any publick concern ; nor did ever take , or endeavour to take from any particular person the benefit of the law. and for his only brother ( although accidentally he cannot be denyed to be a great motive of the peoples unquietness ) all men must acknowledge him to be a most glorious and honourable prince ; one who has exposed his life several times for the safety and glory of this nation ; one who pays justly and punctually his debts , and manages his own fortune discreetly ; and yet keeps the best court and equipage of any subject in christendom ; is courteous and affable to all ; and in fine , has nothing in his whole conduct to be excepted against , much less dreaded ; excepting , that he is believed to be of a religion contrary to the honour of god , and the safety and interest of this people , which gives them just apprehensions of their future condition : but of this matter , we shall have occasion to speculate hereafter ; in the mean time , since we have such a prince , and such subjects , we must needs want the ordinary cause of distrust and division , and therefore must seek higher to find out the original of this turbulent posture we are in . doct. truly you had need seek higher or lower to satisfie us , for hitherto you have but enforced the gentleman's question , and made us more admire what the solution will be . eng. gent. gentlemen , then i shall delay you no longer : the evil counsellors , the pensioner-parliament , the thorow-pac'd iudges , the flattering divines , the buisie and designing papists , the french counsels , are not the causes of our misfortunes , they are but the effects ( as our present distractions are ) of one primary cause ; which is the breach and ruin of our government ; which having been decaying for near two hundred years , is in our age brought so near to expiration , that it lyes agonizing , and can no longer perform the functions of a political life , nor carry on the work of ordering and preserving mankind : so that the shifts that our courtiers have within some years used , are but so many tricks , or conclusions which they are trying to hold life and soul together a while longer ; and have played handy-dandy with parliaments , and especially with the house of commons , ( the only part which is now left entire of the old constitution ) by adjourning , and proroguing , and dissolving them ( contrary to the true meaning of the law ) as well in the reign of our late king , as during his majestics that now is . whereas indeed our counsellors ( perceiving the decay of the foundation , as they must , if they can see but one inch into the politicks ) ought to have addrest themselves to the king to call a parliament , the true physician , and to lay open the distemper there , and so have endeavour'd a cure , before it had been too late , as i fear it now is : i mean the piecing and patching up the old government . it is true , as the divine machiavil says , that diseases in government are like a marasmus in the body natural , which is very hard to be discovered whilst it is curable ; and after it comes to be easie to discern , difficult if not impossible to be remedy'd ; yet it is to be supposed that the counsellors are , or ought to be skilful physicians , and to foresee the seeds of state-distempers , time enough to prevent the death of the patient ; else they ought in conscience to excuse themselves from that sublime employment , and betake themselves to callings more suitable to their capacities . so that although for this reason the ministers of state here are inexcusable , and deserve all the fury which must one time or other be let loose against them , ( except they shall suddenly fly from the wrath to come , by finding out in time , and advising the true means of setting themselves to rights ) yet neither prince nor people are in the mean time to be blamed for not being able to conduct things better . no more than the waggoner is to answer for his ill guiding , or the oxon for their ill drawing the waggon , when it is with age and ill usage broken , and the wheels unserviceable : or the pilot and marriners , for not weathring out a storm when the ship hath sprung a planck . and as in the body of man , sometime● the head and all the members are in good order , nay , the vital parts are sound and entire ; yet if there be a considerable putrifaction in the humors much more , if the blood ( which the scripture calls the life ) be impure and corrupted ; the patient ceases not to be in great danger , and oftentimes dies without some skillful physician : and in the mean time the head and all the parts suffer , and are unquiet , full as much , as if they were all immediately affected . so it is in every respect with the body politick , or commonwealth , when their foundations are moulder'd : and although in both these cases , the patients cannot ( though the distemper be in their own bodies ) know what they ail , but are forced to send for some artist to tell them ; yet they cease not to be extreamly uneasie and impatient , and lay hold oftentimes upon unsuitable remedies , and impute their malady to wrong and ridiculous causes . as some people do here , who think that the growth of popery is our only evil , and that if we were secure against that , our peace and settlement were obtain'd , and that our disease needed no other cure. but of this more when we come to the cure. noble ven. against this discourse , certainly we have nothing to reply : but must grant , that when any government is decay'd , it must be mended , or all will ruine . but now we must request you to declare to us , how the government of england is decay'd , and how it comes to be so . for i am one of those unskilful persons , that cannot discern a state marasmus , when the danger is so far off . eng. gent. then no man living can : for your government is this day the only school in the world , that breeds such physicians , and you are esteemed one of the ablest amongst them : and it would be manifest to all the world for truth ; although there were no argument for it , but the admirable stability and durableness of your government , which hath lasted above twelve hundred years entire and perfect ; whilst all the rest of the countreys in europe , have not only changed masters very frequently in a quarter of that time , but have varied and altered their polities very often . which manifests that you must needs have ever enjoy'd a succession of wise citizens , that have had skill and ability to forwarn you betimes of those rocks against which your excellently-built vessel might in time split . noble ven. sir , you over-value , not only me , but the wisdom of my fellow citizens ; for we have none of these high speculations , nor hath scarce any of our body read aristotle , plato , or cicero , or any of those great artists , ancient or modern , who teach that great science of the governing and increasing great states and cities ; without studying which science no man can be fit to discourse pertinently of these matters ; much less to found or mend a government , or so much as find the defects of it . we only study our own government , and that too chiefly to be fit for advantagious employments , rather than to foresee our dangers . which yet i must needs confess some amongst us are pretty good at , and will in a harangue made upon passing a law , venture to tell us what will be the consequence of it two hundred years hence . but of these things i shall be very prodigal in my discourse , when you have leisure and patience to command me to say any thing of our polity ; in the mean time pray be pleased to go on with your edifying instruction . eng. gent. before i can tell you how the government of england came to be decayed , i must tell you what that government was , and what it now is : and i should say something too of government in general , but that i am afraid of talking of that subject , before you who are so exact a judge of it . noble ven. i thought you had been pleased to have done with this discourse , i assure you , sir , if i had more skill in that matter than ever i can pretend to , it would but serve to make me the fitter auditor of what you shall say on that subject . eng. gent. sir , in the course of my reasoning upon this point , i shall have occasion to insist and expatiate upon many things , which both my self and others have publish'd in former times . for which i will only make this excuse , that the repetition of such matters is the more pardonable , because they will be at least new to you , who are a stranger to our affairs and writings . and the rather because those discourses shall be apply'd to our present condition , and suited to our present occasions . but i will say no more , but obey you , and proceed . i will not take upon me to say , or so much as conjecture , how and when government began in the world , or what government is most ancient : history must needs be silent in that point , for that government is more ancient than history . and there was never any writer , but was bred under some government , which is necessarily supposed to be the parent of all arts and sciences , and to have produced them . and therefore it would be as hard for a man to write an account of the beginning of the laws and polity of any countrey , except there were memory of it , ( which cannot be before the first historiographer ) as it would be to any person without records to tell the particular history of his own birth . doct. sir , i cannot comprehend you , may not historians write a history of matters done before they were born ? if it were so ; no man could write but of his own times . eng. gent. my meaning is , where there are not stories , or records , extant ; for as for oral tradition , it lasts but for one age , and then degenerates into fable : i call any thing in writing , whereby the account of the passages or occurrences of former times is derived to our knowledge , a history , although it be not pend methodically , so as to make the author pass for a wit : and had rather read the authentick records of any country , that is a collection of their laws and letters concerning transactions of state , and the like , than the most eloquent and judicious narrative that can be made . noble ven. methinks , sir , your discourse seems to imply , that we have no account extant of the beginning of governments ; pray what do you think of the books of moses , which seem to be pend on purpose to inform us how he , by gods command , led that people out of egypt into another land , and in the way made them a government ? besides , does not plutarch tell us , how theseus gathered together the dispersed inhabitants of attica , brought them into one city , and under one government of his own making ? the like did romulus in italy , and many others in divers countries . eng. gent. i never said that we had not sufficient knowledge of the original of particular governments ; but it is evident , that these great legislators had seen , and lived under other administrations , and had the help of learned law-givers and philosophers , excepting the first who had the aid of god himself . so that it remains undiscovered yet , how the first regulation of man-kind began : and therefore i will take for granted that which all the politicians conclude : which is , that necessity made the first government . for every man by the first law of nature ( which is common to us and brutes ) had , like beasts in a pasture , right to every thing , and there being no property , each individual , if he were the stronger , might seize whatever any other had possessed himself of before , which made a state of perpetual war. to remedy which , and the fear that nothing should be long enjoyed by any particular person ( neither was any mans life in safety ) every man consented to be debar'd of that universal right to all things , and confine himself to a quiet and secure enjoyment of such a part as should be allotted him : thence came in ownership , or property ; to maintain which it was necessary to consent to laws , and a government to put them in execution . which of the governments now extant , or that have been formerly , was first , is not possible now to be known ; but i think this must be taken for granted , that whatsoever the frame or constitution was first , it was made by the perswasion and meditation of some wise and vertuous person , and consented to by the whole number . and then , that it was instituted for the good and preservation of the governed , and not for the exaltation and greatness of the person or persons appointed to govern : the reason why i beg this concession is , that it seems very improbable , not to say impossible , that a vast number of people should ever be brought to consent to put themselves under the power of others , but for the ends abovesaid , and so lose their liberty without advantaging themselves in any thing . and it is full as impossible that any person ( or persons so inconsiderable in number as magistrates and rulers are ) should by force get an empire to themselves . though i am not ignorant that a whole people have in imminent dangers , either from the invasion of a powerful enemy , or from civil distractions , put themselves wholly into the hands of one illustrious person for a time , and that with good success , under the best forms of government : but this is nothing to the original of states . noble ven. sir , i wonder how you come to pass over the consideration of paternal government , which is held to have been the beginning of monarchies ? eng. gent. really i did not think it worth the taking notice of , for though it be not easie to prove a negative , yet i believe if we could trace all foundations of polities that now are , or ever came to our knowledge since the world began ; we shall find none of them to have descended from paternal power ; we know nothing of adam's leaving the empire to cain , or seth : it was impossible for noah to retain any jurisdiction over his own three sons ; who were dispersed into three parts of the world , if our antiquaries calculate right ; and as for abraham , whilst he lived , as also his son isaac , they were out ordinary fathers of families , and no question governed their own houshold as all others do ; but when iacob upon his death-bed did relate to his children , the promise almighty god had made his grandfather , to make him a great nation , and give his posterity a fruitful territory , he speaks not one word of the empire of reuben his first-born , but supposes them all equal : and so they were taken to be by moses , when he divided the land to them by lot ; and by gods command made them a commonwealth . so that i believe this fancy to have been first started , not by the solid judgement of any man , but to flatter some prince , and to assert , for want of better arguments , the jus divinum of monarchy . noble ven. i have been impertinent in interrupting you , but yet now i cannot repent of it , since your answer hath given me so much satisfaction ; but if it be so as you say , that government was at first instituted for the interest and preservation of mankind , how comes it to pass , that there are and have been so many absolute monarchies in the world , in which it seems that nothing is provided for , but the greatness and power of the prince . eng. gent. i have presumed to give you already my reason , why i take for granted , that such a power could never be given by the consent of any people , for a perpetuity ; for though the people of israel did against the will of samuel , and indeed of god himself demand , and afterwards chuse themselves a king ; yet he was never such a king as we speak of ; for that all the orders of their commonwealth the sanhedrim , the congregation of the people , the princes of the tribes , &c. did still remain in being , as hath been excellently proved by a learned gentleman of our nation , to whom i refer you ; it may then be enquired into , how these monarchies at first did arise . history being in this point silent , as to the ancient principalities , we will conjecture , that some of them might very well proceed from the corruption of better governments , which must necessarily cause a depravation in manners ( as nothing is more certain than that politick defects breed moral ones , as our nation is a pregnant example ) this debauchery of manners might blind the understandings of a great many , destroy the fortunes of others , and make them indigent , insuse into very many a neglect and carelesness of the publick good ( which in all setled states is very much regarded ) so that it might easily come into the ambition of some bold aspiring person to affect empire , and as easily into his power , by fair pretences with some , and promises of advantages with others , to procure followers , and gain a numerous party , either to usurp tyranny over his own countrey , or to lead men forth to conquer and subdue another . thus it is supposed that nimrod got his kingdom ; who in scripture is called a great hunter before god , which expositers interpret , a great tyrant . the modern despotical powers have been acquired by one of these two ways , either by pretending by the first founder thereof , that he had a divine mission and so gaining not only followers , but even easie access in some places without force to empire , and afterwards dilateing their power by great conquests . thus mahomet and cingis can began , and established the sarazen and tartarian kingdoms ; or by a long series of wisdom in a prince , or chief magistrate of a mixt monarchy , and his council , who by reason of the sleepiness and inadvertency of the people , have been able to extinguish the great nobility , or render them inconsiderable ; and so by degrees taking away from the people their protectors , render them slaves . so the monarchies of france , and some other countries , have grown to what they are at this day ; there being left but a shadow of the three states in any of these mocarchies , and so no bounds remaining to the regal power ; but since property remains still to the subjects , these governments may be said to be changed , but not founded or established ; for there is no maxim more infallible and holding in any science , than this is in the politicks , that empire is founded in property . force or fraud may alter a government ; but it is property that must found and eternise it : upon this undeniable aphorisme we are to build most of our subsequent reasoning , in the mean time we may suppose , that hereafter the great power of the king of france may diminish much , when his enraged and oppressed subjects come to be commanded by a prince of less courage , wisdom , and military vertue , when it will be very hard for any such king to govern tyrannically a country which is not entirely his own . doct. pray , sir , give me leave to ask you by the way , what is the reason that here in our country , where the peerage is lessened sufficiently , the king has not gotten as great an addition of power as accrews to the crown in france ? eng. gent. you will understand that , doctor , before i have finisht this discourse ; but to stay your stomach till then , you may please to know that in france the greatness of the nobility which has been lately taken from them , did not consist in vast riches and revenues , but in great priviledges , and jurisdictions , which obliged the people to obey them ; whereas our great peers in former times had not only the same great dependences , but very considerable revenues besides , in demesnes , and otherwise : this vassallage over the people , which the peers of france had , being abolisht , the power over those tenants , which before was in their lords , fell naturally and of course into the crown , although the lands and possessions divested of those dependences did and do still remain to the owners ; whereas here in england , though the services are for the most part worn out , and insignificant ; yet for want of providence and policy in former kings , who could not foresee the danger a ▪ far off , entails have been suffered to be cut off ; and so two parts in ten of all those vast estates , as well mannours as demesnes , by the luxury and folly of the owners , have been within these two hundred years purchased by the lesser gentry and the commons ; which has been so far from advantaging the crown , that it has made the country scarce governable by monarchy : but if you please , i will go on with my discourse about government , and come to this again hereafter ? noble ven. i beseech you , sir , do . eng. gent. i cannot find by the small reading i have , that there were any other governments in the world anciently than these three , monarchy , aristocracy , and democracy . for the first , i have no light out of antiquity to convince me , that there were in old times any other monarchies , but such as were absolutely despotical ; all kingdoms then , as well in greece ( as macedon , epirus , and the like ; and where it is said , the princes exercised their power moderately ) as in asia , being altogether unlimited by any laws , or any assemblies of nobility or people . yet i must confess , aristotle , when he reckons up the corruptions of these three governments , calls tyranny the corruption of monarchy ; which if he means a change of government , ( as it is in the corruptions of the other two ) then it must follow , that the philosopher knew of some other monarchy at the first , which afterwards degenerated into tyranny , that is , into arbitrary power ; for so the word tyranny is most commonly taken , though in modern languages it signifies the ill exercise of power ; for certainly arbitrary government cannot be called tyranny , where the whole property is in the prince ( as we reasonably suppose it to have been in those monarchies ) no more than it is tyranny for you to govern your own house and estate as you please : but it is possible aristotle might not in this speak so according to terms of art , but might mean , that the ill government of a kingdom or family is tyranny . however we have one example , that puzzles politicians , and that is egypt , where pharaoh is called king ; and yet we see , that till ioseph's time he had not the whole property ; for the wisdom of that patriarch taught his master a way to make a new use of that famine , by telling him , that if they would buy their lives , and sell their estates ( as they did afterwards , and preserve themselves by the kings bread ) they shall serve pharaoh ; which shews that ioseph knew well , that empire was founded in property : but most of the modern writers in polity , are of opinion , that egypt was not a monarchy till then , though the prince might have the title of king , as the heraclides had in sparta , and romulus and the other kings had in rome ; both which states were instituted common-wealths . they give good conjectures for this their opinion , too many to be here mentioned ; only one is , that originally ( as they go about to prove ) all arts and sciences had their rise in egypt , which they think very improbable to have been under a monarchy . but this position , that all kings in former times were absolute , is not so essential to the intent i have in this discourse , which is to prove , that in all states , of what kind soever , this aphorisme takes place : imperium fundatur in dominio . so that if there were mixed monarchies , then the king had not all the property ; but those who shared with him in the administration of the soveraignty , had their part , whether it were the senate , the people , or both ; or if he had no companions in the soveraign power , he had no sharers likewise in the dominion or possession of the land. for that is all we mean by property , in all this discourse ; for as for personal estate , the subjects may enjoy it in the largest proportion , without being able to invade the empire : the prince may when he pleases take away their goods , by his tenants and vassals ( without an army ) which are his ordinary force , and answers to our posse comitatus . but the subjects with their money cannot invade his crown . so that all the description we need make of this kind or form of government , is , that the whole possession of the country , and the whole power lies in the hands and breast of one man ; he can make laws , break and repeal them when he pleases , or dispense with them in the mean time when he thinks fit ; interpose in all judicatories , in behalf of his favourites , take away any particular mans personal estate , and his life too , without the formality of a criminal process , or trial ; send a dagger , or a halter to his chief ministers , and command them to make themselves away ; and in fine , do all that his will or his interest suggests to him . doct. you have dwelt long here upon an argumentation , that the ancients had no monarchies , but what were arbitrary . eng. gent. pray give me leave to save your objections to that point , and to assure you first , that i will not take upon me to be so positive in that ; for that i cannot pretend to have read all the historians and antiquaries that ever writ ; nor have i so perfect a memory as to remember , or make use of , in a verbal and transient reasoning , all that i have ever read ; and then to assure you again , that i build nothing upon that assertion , and so your objection will be needless , and only take up time . doct. you mistake me , i had no intent to use any argument or example against your opinion in that ; but am very willing to believe that it may be so . what i was going to say was this , that you have insisted much upon the point of monarchy , and made a strange description of it , whereas many of the ancients , and almost all the modern writers , magnifie it to be the best of governments . eng. gent. i have said nothing to the contrary . i have told you de facto what it is , which i believe none will deny . the philosopher said it was the best government ; but with this restriction , ubi philosophi regnant , and they had an example of it , in some few roman emperours ; but in the most turbulent times of the commonwealth , and factions between the nobility and the people , rome was much more full of vertuous and heroick citizens , than ever it was under aurelius or antonius : for the moderns that are of that judgement , they are most of them divines , not politicians , and something may be said in their behalf , when by their good preaching , they can insuse into their imaginary prince ( who seems already to have an image of the power of god ) the justice , wisdom , and goodness too of the deity . noble ven. we are well satisfied with the progress you have hitherto made in this matter ; pray go on to the two other forms used amongst the ancients , and their corruptions , that so we may come to the modern governments , and see how england stands , and how it came to decay , and what must rebuild it . eng. gent. you have very good reason to hasten me to that ; for indeed , all that has been said yet , is but as it were a preliminary discourse to the knowledge of the government of england , and its decay : when it comes to the cure , i hope you will both help me , for both your self and the doctor are a thousand times better than i at remedies . but i shall dispatch the other two governments . aristocracy , or optimacy , is a commonwealth , where the better sort , that is , the eminent and rich men , have the chief administration of the government : i say , the chief , because there are very few ancient optimacies , but the people had some share , as in sparta , where they had power to vote , but not debate ; for so the oracle of apollo , brought by lycurgus from delphos , settles it ; but the truth is , these people were the natural spartans . for lycurgus divided the country or territory of laconia into shares ; whereof nine thousand only of these owners were inhabitants of sparta ; the rest lived in the country : so that although thucidides call it an aristocracy , and so i follow him , yet it was none of those aristocracies usually described by the politicians , where the lands of the territory were in a great deal fewer hands . but call it what you will , where ever there was an aristocracy , there the property , or very much the over-ballance of it , was in the hands of the aristoi , or governours , be they more or fewer ; for if the people have the greatest interest in the property , they will , and must have it in the empire : a notable example of it is rome , the best and most glorious government that ever the sun saw ; where the lands being equally divided amongst the tribes , that is the people ; it was impossible for the patricii to keek them quiet , till they yielded to their desires , not only to have their tribunes , to see that nothing passed into a law without their consent , but also to have it declared , that both the consuls should not only be chosen by the people ( as they ever were , and the kings too before them ) but that they might be elected too , when the people pleased , out of plebeian families . so that now i am come to democracy . which you see is a government where the chief part of the soveraign power , and the exercise of it , resides in the people ; and where the style is , iessu populi authoritate patrum . and it doth consist of three fundamental orders . the senate proposing , the people resolving and the magistrates executing . this government is much more powerful than an aristocracy , because the latter cannot arm the people , for fear they should seize upon the government , and therefore are fain to make use of none but strangers and mercinaries for souldiers ; which , as the divine machiavil says , has hindred your commonwealth of venice from mounting up to heaven , whither those incomparable orders , and that venerable wisdom used by your citizens in keeping to them , would have carried you , if in all your wars you had not been ill served . doct. well , sir , pray let me ask you one thing concerning venice : how do you make out your imperium fundatur in dominio there ? have the gentlemen there , who are the party governing , the possession of the whole territory ? does not property remain entire to the gentlemen , and other inhabitants in the several countries of padua , brescia , vicenza , verona , bergamo , creman , trevisi , and friuli , as also in the vltramarine provinces , and islands ? and yet i believe you will not deny , but that the government of venice is as well founded , and hath been of as long continuance as any that now is , or ever was in the world. eng. gent. doctor , i shall not answer you in this , because i am sure it will be better done by this gentleman , who is a worthy son of that honourable mother . noble ven. i thought you had said , sir , that we should have done complimenting ; but since you do command me to clear the objection made by our learned doctor , i shall presume to tell you , first how our city began . the goths , huns , and lombards coming with all the violence and cruelty immaginable , to invade that part of italy which we now call terra firma , and where our ancestors did then inhabit , forced them in great numbers to seek a shelter amongst a great many little rocks , or islands , which stood very thick in a vast lake , or rather marsh , which is made by the adriatique sea , we call it laguna ; here they began to build , and getting boats , made themselves provisions of all kind from the land ; from whence innumerable people began to come to them , finding that they could subsist , and that the barbarous people had no boats to attack them , nor that they could be invaded either by horse or foot without them . our first government , and which lasted for many years , was no more than what is practised in many country parishes in italy , and possibly here too , where the clerk , or any other person , calls together the chief of the inhabitants to consider of parish-business , as chusing of officers , making of rates , and the like . so in venice , when there was any publick provision to be made by way of law , or otherwise , some officers went about to persons of the greatest wealth and credit , to intreat them to meet and consult ; from whence our senate is called to this day consiglio de pregadi , which in our barbarous idiom is as much as pregati in tuscan language : our security increased daily , and so by consequence our number and our riches ; for by this time there began to be another inundation of sarazens upon asia minor , which forced a great many of the poor people of greece to fly to us for protection , giving us the possession of some islands , and other places upon the continent : this opened us a trade , and gave a beginning to our greatness ; but chiefly made us consider what government was fittest to conserve our selves , and keep our wealth ( for we did not then much dream of conquests , else without doubt we must have made a popular government ) we pitcht upon an aristocracy , by ordering that those who had been called to council for that present year , and for four years before , should have the government in their hands , and all their posterity after them for ever , which made first the distinction between gentlemen and citizens ; the people , who consisted of divers nations , most of them newly come to inhabit there , aud generally seeking nothing but safety and ease , willingly consented to this change , and so this state hath continued to this day ; though the several orders and counsels have been brought in since , by degrees , as our nobility encreased , and for other causes . under this government we have made some conquests in italy , and greece , for our city stood like a wall between the two great torrents of goths and sarazens ; and as either of their empires declin'd , it was easie for us , without being very warlike , to pick up some pieces of each side ; as for the government of these conquests , we did not think fit to divide the land amongst our nobility , for fear of envy , and the effects of it : much less did we think it adviseable to plant colonies of our people , which would have given the power into their hands , but we thought it the best way for our government to leave the people their property , tax them what we thought fit , & keep them under by governours and citadels , and so in short make them a province . so that now the doctors riddle is solved ; for i suppose this gentleman did not mean that his maxime should reach to provincial governments . eng. gent. no , sir , so far from that , that it is just contrary ; for as in national or domestick government , where a nation is governed either by its own people or its own prince , there can be no settled government , except they have the rule who possess the country . so in provincial governments , if they be wisely ordered , no man must have any the least share in the managing affairs of state , but strangers , or such as have no share or part in the possessions there , for else they will have a very good opportunity of shaking off their yoak . doct. that is true ; and we are so wise here ( i mean our ancestors were ) as to have made a law , that no native in ireland can be deputy there : but , sir , being fully satisfied in my demand , by this centleman ; i beseech you to go on to what you have to say , before you come to england . eng. gent. i shall then offer two things to your observation ; the first is , that in all times and places , where any great heroes or legislators , have founded a government , by gathering people together to build a city , or to invade any countrey to possess it , before they came to dividing the conquered lands , they did always very maturely deliberate under what form or model of government they meant to live , and accordingly made the partition of the possessions ; moses , theseus , and romulus , founders of demacracies , divided the land equally : licurgus who meant an optimacy , made a certain number of shares , which he intended to be in the hands of the people of laconia . cyrus , and other conquering monarchs before him , took all for themselves and successors , which is observed in those eastern countries to this day , and which has made those countries continue ever since under the same government , though conquered and possessed very often by several nations : this brings me to the second thing to be observed , which is , that wherever this apportionment of lands came to be changed in any kind , the government either changed with it , or was wholly in a state of confusion : and for this reason licurgus , the greatest politician that ever founded any government , took a sure way to fix property by confounding it , and bringing all into common : and so the whole number of the natural spartans , who inhabited the city of lacedemon , eat and drank in their several convives together : and as long as they continued so to do , they did not only preserve their government entire , and that for a longer time than we can read of any common-wealth that ever lasted amongst the ancients , but held as it were the principality of greece . the athenians , for want of some constitutions to fix property , as theseus placed it , were in danger of utter ruine , which they had certainly encounter'd , if the good genius ( as they then call'd it ) of that people , had not raised them up a second founder , more than six hundred years after the first , which was solon : and because the history of this matter will very much conduce to the illustrating of this aphorisme we have laid down , i will presume so much upon your patience as to make a short recital of it , leaving you to see it more at large in plutarch and other authors . the lands in the territory of attica which were in the possession of the common people , ( for what reason history is silent ) were for debt all mortgaged to the great men of the city of athens , and the owners having no possibility of redeeming their estates , were treating to compound with their creditors , and deliver up their lands to them : solon ( who was one of those state physicians we spake of , ) was much troubled at this , and harangued daily to the nobility and people against it , telling them first , that it was impossible for the grecians to resist the medes ( who were then growing up to a powerful monarchy ) except athens the second city of greece did continue a democracy ; that it was as impossible the people could keep their empire , except they kept their lands , nothing being more contrary to nature , than that those who possess nothing in a country can pretend to govern it . they were all sensible of his reasons , and of their own danger , but the only remedy ( which was , that the great men should forgive the common people their debts ) would not at all be digested ; so that the whole city now fully understanding their condition , were continually in an uproar , and the people flock'd about solon , whenever he came abroad , desiring him to take upon him the government , and be their prince , and they would make choice of him the next time they assembled . he told them no , he would never be a tyrant , especially in his own country ; meaning , that he who had no more share than other of the nobles , could not govern the rest , without being an usurper or tyrant : but this he did to oblige his citizens , he frankly forgave all the debts that any of the people owed to him , and released their lands immediately ; and this amounted to fifteen attick talents of gold , a vast sum in those days ; and betook himself to a voluntary exile , in which he visited thales , and went to the oracle of delphos , and offer up his prayers to apollo for the preservation of his city : in return of which ( as the people then believed ) the hearts of the great ones were so changed and inlarged , that they readily agreed to remit all their debts to the people , upon condition that solon would take the pains to make them a new model of government , and laws suitable to a democracy , which he as readily accepted and performed ; by vertue of which that city grew and continued long the greatest , the justest , the most vertuous , learned and renowed of all that age ; drove the persians afterwards out of greece , defeated them doth by sea and land , with a quarter of their number of ships and men ; and produced the greatest wits and philosophers that ever lived upon earth . the city of athens instituted a solemn feast in commemoration of that great generosity and self-denial of the nobility ; who sacrificed their own interest to the preservation of their country : which feast was called the solemnity of the seisactheia , which signifies recision or abolition of debts , and was observed with processions , sacrifices and games , till the time of the roman's dominion over them ( who encouraged it , ) and ever till the change of religion in greece , and invasion of the sarazens . the roman's having omitted in their institution to provide for the fixing of property , and so the nobility called patricii , beginning to take to themselves a greater share in the conquer'd lands than had been usual ( for in the first times of the commonwealth under romulus , and ever after , it was always practised to divide the lands equally amongst the tribes ) this innovation stirred up licinius stolo , then tribune of the people , to propose a law ; which , although it met with much difficulty , yet at last was consented to ; by which it was provided , that no roman citizen , of what degree soever , should possess above five hundred acres of land ; and for the remaining part of the lands which should be conquer'd , it was ordered to be equally divided , as formerly , amongst the tribes : this found admittance , after much oposition , because it did provide but for the future , no man at that time being owner of more lands than what was lawful for him to possess ; and if this law had been strictly observed to the last , that glorious commonwealth might have subsisted to this day , for ought we know . doctor . some other cause would have been the ruine of it , what think you of a foreign conquest ? eng. gent. oh doctor , if they had kept their poverty they had kept their government and their vertue too , and then it had not been an easie matter to subdue them , quos vult perdere iupiter dementat ; breach of rules and order causes division , and division when it comes to be incurable , exposes a nation almost as much as a tyrannical government does . the goths and vandals , had they invaded in those days , had met with the same success which befell the cymbri , and the teutones . i must confess , a foreign invasion is a formidable thing , when a commonwealth is weak in territory and inhabitants , and that the invader is numerous and warlike : and so we see the romans were in danger of utter ruine when they were first attacqued by the gauls under brennus : the like hazzard may be fear'd , when a commonwealth is assaulted by another of equal vertue , and a commander of equal address and valour to any of themselves . thus the romans run the risk of their liberty and empire , in the war of hannibal ; but their power and their vertue grew to that heighth in that contest , that when it was ended , i believe , that if they had preserved the foundation of their government entire , they had been invincible : and if i were alone of this opinion , i might be ashamed ; but i am backt by the judgement of your incomparable country-man machiavil ; and no man will condemn either of us of rashness , if he first consider , what small states , that have stood upon right bottoms , have done to defend their liberty against great monarchs ; as is to be seen in the example of the little commonwealth of athens , which destroyed the fleet of xerxes , consisting of a thousand vessels , in the streights of salamis , and before the land army of darius of three hundred thousand in the plains of marathon , and drove them out of greece ; for though the whole confederates were present at the battel of platoea , yet the athenian army singly under their general miltiades , gain'd that renowned battel of marathon . noble ven. i beseech you , sir , how was it possible , or practicable , that the romans conquering so many and so remote provinces , should yet have been able to preserve their agrarian law , and divide all those lands equally to their citizens ; or if it had been possible , yet it would have ruin'd their city , by sending all their inhabitants away ; and by taking in strangers in their room , they must necessarily have had people less vertuous and less warlike , and so both their government and their military discipline must have been corrupted ; for it is not to be imagined , but that the people would have gone with their families to the place where their lands lay : so that it appears that the romans did not provide , in the making and framing their first polity , for so great conquests as they afterwards made . eng. gent. yes , surely they did ; from their first beginning they were founded in war , and had neither land nor wives but what they fought for ; but yet what you object were very weighty , if there had not been a consideration of that early : for assoon as that great and wise people had subdued the samnites on the east , and brought their arms as far as the greek plantations , in that part of italy which is now called the kingdom of naples ; and westward , had reduced all the tuscans under their obedience , as far as the river arnus , they made that and the river volturnus ( which runs by the walls of capua ) the two boundaries of their empire , which was called domicilium imperii . these were the ne plus ultra , for what they conquered between these two rivers , was all confiscated and divided amongst the tribes ; the rustick tribes being twenty seven , and the vrbane tribes nine , which made thirty six in all . the city tribes were like our companies in london , consisting of tradesmen . the country tribes were divided like shires , and there was scarce any landed man , who inhabited in the city , but he was written in that tribe where his estate lay ; so that the rustick tribes ( though they had all equal voices ) were of far more credit and reputation than the vrbane . upon the days of the comtia , which were very well known , as many as thought fit amongst the country tribes , came to give their voices , though every tribe was very numerous of inhabitants that lived in the city . now the agrarian did not extend to any lands conquered beyond this precinct , but they were lest to the inhabitants , they paying a revenue to the commonwealth ; all but those which were thought fit to be set out to maintain a roman colony , which was a good number of roman citizens , sent thither , and provided of lands and habitations , which being armed , did serve in the nature of a citadel and garison to keep the province in obedience , and a roman pretor , proconsul , or other governour , was sent yearly to head them , and brought forces with him besides . now it was ever lawful for any roman citizen to purchase what lands he pleased in any of these provinces ; it not being dangerous to a city to have their people rich , but to have such a power in the governing part of the empire , as should make those who managed the affairs of the commonwealth depend upon them ; which came afterwards to be that which ruined their liberty , and which the gracchi endeavoured to prevent when it was too late ; for those illustrious persons seeing the disorder that was then in the commonwealth ▪ and rightly comprehending the reason , which was the intermission of the agrarian , and by consequence the great purchases which were made by the men of rome ( who had inriched themselves in asia and the other provinces ) in that part of italy which was between the two rivers , before mentioned , began to harrangue the people , in hopes to perswade them to admit of the right remedy , which was to confirm the agrarian law with a retrospect ; which although they carried , yet the difficulties in the execution proved so great , that it never took effect , by reason that the common people , whose interest it was to have their lands restored ; yet having long lived as clients , and dependents of the great ones , chose rather to depend still upon their patrons , than to hazard all for an imaginary deliverance , by which supineness in them , they were prevail'd with rather to joyne ( for the most part ) with the oppressors of themselves and their countrey , and to cut the throats of their redeemers , than to employ their just resentment against the covetous violators of their government and property . so perished the two renowned gracchi , one soon after the other , not for any crime , but for having endeavoured to preserve and restore their common-wealth ; for which ( if they had lived in times suitable to such an heroick undertaking , and that the vertue of their ancestors had been yet in any kind remaining ) they would have merited and enjoyed a reputation equal to that of lycurgus , or solon , whereas as it happen'd they were sometime after branded with the name of sedition , by certain wits , who prostituted the noble flame of poetry ( which before had wont to be employed in magnifying heroick actions ) to flatter the lust and ambition of the roman tyrants . noble ven. sir , i approve what you say in all things , and in confirmation of it , shall further alledge the two famous princes of sparta , agis , and cleomines , which i couple together , since plutarch does so ; these finding the corruption of their commonwealth , and the decay of their ancient vertue , to proceed from the neglect and inobservance of their founders rules , and a breach of that equality which was first instituted ; endeavour to restore the laws of lycurgus , and divide the territory anew ; their victory in the peloponnesian war , and the riches and luxury brought into their city by lisander having long before broken all the orders of their common-wealth , and destroyed the proportions of land allotted to each of the natural spartans : but the first of these two excellent patriots perished by treachery in the beginning of his enterprize , the other began and went on with incomparable prudence and resolution , but miscarried afterwards by the iniquity of the times , and baseness and wickedness of the people ; so infalliably true it is , that where the policy is corrupted , there must necessarily be also a corruption and depravation of manners , and an utter abolition of all faith , justice , honour , and morality ; but i forget my self , and intrench upon your province : there is nothing now remains to keep you from the modern policies , but that you please to shut up this discourse of the ancient governments , with saying something of the corruptions of aristocracy and democracy ; for i believe both of us are satisfied that you have abundantly proved you assertion , and that when we have leisure to examine all the states or policies that ever were , we shall find all their changes to have turn'd upon this hinge of property , and that the fixing of that with good lawes in the beginning or first institution of a state , and the holding to those lawes afterwards , is the only way to make a commonwealth immortal . eng. gent. i think you are very right ; but i shall obey you , and do presume to differ from aristotle , in thinking that he has not fitly called those extreams ( for so i will stile them ) of aristocracy and democracy , corruptions ; for that they do not proceed from the alteration of property , which is the vnica corruptio politica : for example , i do not find that oligarchy , or government of a few , which is the extream of an optimacy , ever did arise from a few mens getting into their hands the estates of all the rest of the nobility : for had it began so , it might have lasted , which i never read of any that did . i will therefore conclude , that they were all tyrannies ; for so the greeks called all usurpations , whether of one or more persons , and all those that i ever read of , as they came in either by craft or violence , as the thirty tyrants of athens , the fifteen of thebes , and the decem-viri of rome ( though these are first came in lawfully ) so they were soon driven out ; and ever , were either assassinated , or dyed by the sword of justice ; and therefore i shall say no more of them , not thinking them worth the name of a government . as for the extream of democracy , which is anarchy , it is not so : for many commonwealths have lasted for a good time under that administration ( if i may so call a state so full of confusion . ) an anarchy then is , when the people not contented with their share in the administration of the government , ( which is the right of approving , or disapproving of lawes , of leagues , and of making of war and peace , of judging in all causes upon an appeal to them , and chusing all manner of officers ) will take upon themselves the office of the senate too , in manageing subordinate matters of state , proposing lawes originally , and assuming debate in the market place , making their orators their leaders ; nay , not content with this , will take upon them to alter all the orders of the government when they please ; as was frequently practised in athens , and in the modern state of florence . in both these cities , when ever any great person who could lead the people , had a mind to alter the government , he call'd them together , and made them vote a change. in florence they call'd it , chiamar il popolo a parlamento e ripigliar lo stato , which is summoning the people into the market-place to resume the government , and did then presently institute a new one , with new orders , new magistracies , and the like . now that which originally causes this disorder , is the admitting ( in the beginning of a government , or afterwards ) the meaner sort of people , who have no share in the territory , into an equal part of ordering the commonwealth ; these being less sober , less considering , and less careful of the publick concerns ; and being commonly the major part , are made the instruments oft-times of the ambition of the great ones , and very apt to kindle into faction : but notwithstaning all the confusion which we see under an anarchy , ( where the wisdom of the better sort is made useless by the fury of the people ) yet many cities have subsisted hundreds of years in this condition ; and have been more considerable , and performed greater actions , than ever any government of equal extent did , except it were a well-regulated democracy ; but it is true , they ruine in the end , and that never by cowardize or baseness , but by too much boldness and temerarious undertakings , as both athens and florence did ; the first undertaking the invasion of sicily , when their affairs went ill elsewhere ; and the other by provoking the spaniard and the pope . but i have done now , and shal pass to say something of the modern policies . noble ven. before you come to that , sir , pray satisfie me in a point which i should have moved before , but that i was unwilling to interrupt your rational discourse ; how came you to take it for granted , that moses , theseus , and romulus were founders of popular governments ? as for moses , we have his story written by an insalliable pen ; theseus was ever called king of athens , though he liv'd so long since , that what is written of him is justly esteem'd fabulous ; but romulus certainly was a king , and that government continued a monarchy , though elective , under seven princes . eng. gent. i will be very short in my answer , and say nothing of theseus , for the reason you are pleased to alledge : but for moses , you may read in holy writ , that when , by god's command , he had brought the israelites out of egypt , he did at first manage them by accquainting the people with the estate of their government , which people were called together with the sound of a trumpet , and are termed in scripture , the congregation of the lord ; this government he thought might serve their turn in their passage , and that it would be time enough to make them a better when they were in possession of the land of canaan ; especially having made them judges and magistrates at the instance of his father-in-law , which are called in authors , praefecti iethroniani ; but finding that this provision was not sufficient , complained to god of the difficulty he had , to make that state of affairs hold together ; god was pleased to order him to let seventy elders be appointed for a senate , but yet the congregation of the lord continued still and acted : and by the severall soundings of the trumpets , either the senate or popular assembly were called together , or both ; so that this government was the same with all other democracies , consisting of a principal magistrate , a senate , and a people assembled together , not by represention , but in a body . now for romulus , it is very plain , that he was no more then the first officer of the commonwealth , whatever he was called , and that he was chosen ( as your doge is ) for life ; and when the last of those seven kings usurpt the place , that is , did reign injussu populi , and excercise the government tyrannically , the people drove him out ( as all people in the world that have property will do in the like case , except some extraordinary qualifications in the prince preserve him for one age ) and afterwards appointed in his room two magistrates , and made them annual , which two had the same command , as well in their armies as in their cities , and did not make the least alteration besides , excepting that they chose an officer that was to perform the kings function in certain sacrifices ( which numa appointed to be performed by the king ) left the people should think their religion were changed : this officer was called rex sacrificulus . if you are satisfied , i will go on to the consideration of our modern states . noble ven. i am fully answered , and besides am clearly of opinion , that no government , whether mixt monarchy or commonwealth , can subsist without a senate , as well from the turbulent state of the israelites under moses till the sanhedrin was instituted , as from a certain kingdom of the vandals in africa ; where after their conquest of the natives , they appointed a government consisting of a prince and a popular assembly , which latter , within half a year , beat the kings brains out , he having no bulwark of nobility or senate to defend him from them . but i will divert you no longer . eng. gent. sir , you are very right , and we should have spoken something of that before , if it had been the business of this meeting to discourse of the particular models of government ; but intending only to say so much of the ancient policy as to shew what government in general is , and upon what basis it stands , i think i have done it sufficiently to make way for the understanding of our own , at least when i have said something of the policies which are now extant ; and that with your favour i will do . i shall need say little now of those commonwealths , which however they came by their liberty , either by arms or purchase , are now much-what under the same kind of policy as the ancients were . in germany , the free towns , and many princes make up the body of a commonwealth called the empire , of which the emperour is head ; this general union hath its diets or parliaments , where they are all represented , and where all things concerning the safety and interest of germany in general , or that belong to peace and war , are transacted ; these diets never intermeddle with the particular concerns or policies of those princes or states that make it up , leaving to them their particular soveraignties : the several imperial cities , or commonwealths , are divided into two kinds , lubeck's law , and collen's law , which being the same exactly with the ancient democracies and optimacies , i will say no more of them . the government of swizerland , and the seven provinces of the low-countries were made up in haste , to unite them against persecution and oppression , and to help to defend themselves the better , which they both have done very gallantly and successfully : they seem to have taken their pattern from the grecians , who when their greatness began to decline , and the several tyrants who succeeded alexander began to press hard upon them , were forced to league themselves ( yet in severall confederacies , as that of the etolians , that of the achaians , &c. ) for their mutual defence . the swisses consist of thirteen soveraignties ; some cities which are most aristocraticall , and some provinces which have but a village for their head township . these are all democracies , and are govern'd all by the owners of land , who assemble as our free-holders do at the county-court . these have their general diets , as in germany . the government of the united provinces has for its foundation the union of vtrecht , made in the beginning of their standing upon their guard against the cruelty and oppression of the spaniard , and patcht up in haste ; and seeming to be compos'd only for necessity , as a state of war , has made modern statesmen conjecture that it will not be very practicable in time of peace , and security . at their general diet , which is called the states general , do intervene the deputies of the seven provinces , in what number their principals please ; but all of them have but one vote , which are by consequence seven , and every one of the seven hath a negative ; so that nothing can pass without the concurrence of the whole seven . every one of these provinces have a counsel or assembly of their own , called the states provincial , who send and instruct their deputies to the states-general , and perform other offices belonging to the peace and quiet of the province . these deputies to the states provincial , are sent by several cities of which every province consists , and by the nobility of the province , which hath one voice only : the basis of the government lies in these cities , which are every of them a distinct soveraignty ; neither can the states of the province , much less the states general , intrench in the least upon their rights , nor so much as intermeddle with the government of their cities , or administration of justice , but only treat of what concerns their mutual defence , and their payments towards it . every one of these cities is a soveraignty , governed by an optimacy , consisting of the chief citizens , which upon death are supplyed by new ones elected by themselves ; these are called the vrnuscaperie or herne , which council has continued to govern those towns , time out of mind ; even in the times of their princes , who were then the soveraigns ; for without the consent of him , or his deputy , called state holder , nothing could be concluded in those days . since they have instituted an artificial minister of their own , whom they still call state-holder , and make choice of him in their provincial assemblies , and for form sake defer something to him , as the approbation of their skepen and other magistrates , and some other matters : this has been continued in the province of holland , which is the chief province in the succession of the princes of orange , and in the most of the others too : the rest have likewise chosen some other of the house of nassaw . this government ( so oddly set together , and so compos'd of a state , intended for a monarchy , and which , as almanacks calculated for one meridian , are made in some sort to serve for another , is by them continued in these several aristocracies ) may last for a time , till peace and security , together with the abuse which is like to happen in the choice of the herne , when they shall elect persons of small note into their body , upon vacancies , for kindred or relation , rather than such as are of estate and eminency , or that otherwise abuse their power in the execution of it , and then it is believed , and reasonably enough , that those people ( great in wealth , and very acute in the knowledge of their own interest ) will find out a better form of government , or make themselves a prey to some great neighbour-prince in the attempting it ; and this in case they in the mean time escape conquest from this great and powerfull king of france , who at this time gives law to christendom . i have nothing now left to keep me from the modern monarchies , but the most famous commonwealth of venice , of which it would be presumption for me to say any thing whilst you are present . noble ven. you may very safely go one if you please ; for i believe strangers understand the speculative part of our government , better than we do ; and the doctrine of the ballat which is our chiefe excellency : for i have read many descriptions of our frame , which have taught me something in it which i knew not before ; paricularly , donato gianotti the florentine , to whom i refer those who are curious to know more of our orders , for we that manage the mechanical part of the government are like horses who know their track well enough , without considering east or west , or what business they go about . besides , it would be very tedious , and very needless , to make any relation of our model , with the several counsels that make it up , and would be that which you have not done in treating of any other government : what we have said is enough to shew what beginning we had , and that serves your turn , for we who are called nobility , and who manage the state , are the descendents of the first inhabitants , and had therefore been a democracy , if a numerous flock of strangers ( who are contented to come and live amongst us as subjects ) had not swelled our city , and made the governing party seem but a handfull ; so that we have the same foundations that all other aristocracies have , who govern but one city , and have no territory but what they govern provincially ; and our people not knowing where to have better justice , are very well contented to live amongst us , without any share in the managing of affairs ; yet we have power to adopt whom we please into our nobility , and i believe that in the time of the roman greatness , there were five for one of the inhabitants who were written in no tribe , but look'd upon as strangers , and yet that did not vitiate their democracy , no more than our citizens and common people can hurt our optimacy ; all the difficulty in our administration , hath been to regulate our own nobility , and to bridle their faction and ambition , which can alone breed a disease in the vital part of our government , and this we do by most severe laws , and a very rigorous execution of them . doct. sir , i was thinking to interpose concerning the propriety of lands in the territory of padua , which i hear is wholly in the possession of the nobility of venice . noble . ven. our members have very good estates there , yet nothing but what they have paid very well for , no part of that country , or of any other province , having been shar'd amongst us as in other conquests : 't is true , that the paduans having ever been the most revengeful people of italy , could not be deterr'd from those execrable and treacherous murders which were every day commited , but by a severe execution of the laws as well against their lives as estates : and as many of their estates as were confiscated , were ( during our necessities in the last war with the turks ) exposed to sale , and sold to them that offered most , without any consideration of the persons purchasing ; but it is very true that most of them came into the hands of our nobility , they offering more than any other , by reason that their sober and frugal living , and their being forbidden all manner of traffick , makes them have no way of employing the money which proceeds from their parsimony , and so they can afford to give more than others who may employ their advance to better profit elsewhere . but i perceive , doctor , by this question , that you have studied at padua . doct. no really , sir , the small learning i have was acquired in our own university of oxford , nor was i ever out of this island . noble ven. i would you had , sir , for it would have been a great honour to our country to have contributed any thing towards so vast a knowledge as you are possessor of : but i wish that it were your countrey , or at least the place of your habitation , that so we might partake not only of your excellent discourse sometimes , but be the better for your skill , which would make us immortal . doct. i am glad to see you so well that you can make yourself so merry , but i assure you i am very well here ; england is a good wholsome climate for a physician : but , pray let our friend go on to his modern monarchies . eng. gent. that is all i have now to do : those monarchies are two , absolute , and mixt ; for the first kind , all that we have knowledge of , except the empire of the turks , differ so little from the ancient monarchies of the assyrians and persians , that having given a short description of them before , it will be needless to say any more of the persian , the mogull , the king of pegu , china , prestor-iohn , or any other the great men under those princes , as the satrapes of old ; being made so only by their being employed and put into great places and governments by the soveraign ; but the monarchy of the grand seignior is somthing different ; they both agree in this , that the prince is in both absolute proprietor of all the lands , ( excepting in the kingdom of egypt , of which i shall say somthing anon ) but the diversity lies in the administration of the property ; the other emperours as well ancient as modern using to manage the revenue of the several towns , and parishes , as our kings , or the kings of france do ; that is , keep it in their hands , and administer it by officers : and so you may read that xerxes king of persia allowed the revenue of so many villages to themistocles , which assignations are practised at this day , both to publick and to private uses , by the present monarchs . but the turks , when they invaded the broken empire of the arabians , did not at first make any great alteration in their policy , till the house of ottoman the present royal family did make great conquests in asia , and afterwards in greece ; whence they might possibly take their present way of dividing their conquered territories ; for they took the same course which the goths and other modern people had used with their conquered lands in europe , upon which they planted military colonies , by dividing them amongst the souldiers for their pay or maintenance . these shares were called by them timarr's , which signifies benefices , but differ'd in this only from the european knights-fees , that these last originally were hereditary , and so property was maintained , whereas amongst the ottomans , they were meerly at will ; and they enjoyed their shares whilst they remained the sultan's souldiers , and no longer ; being turn'd out both of his service , and of their timarr's , when he pleases . this doubtless had been the best and firmest monarchy in the world , if they could have stayed here , and not had a mercinary army besides , which have often ( like the praetorians in the time of the roman tyrants ) made the palace and the serraglio the shambles of their princes ; whereas if the timariots , as well spahis or horse , as foot , had been brought together to guard the prince by courses ( as they used to do king david ) as well as they are to fight for the empire ; this horrid flaw and inconvenience in their government had been wholly avoided . for though these are not planted upon entire property as david's were , ( those being in the nature of trained-bands ) yet the remoteness of their habitations from the court , and the factions of the great city , and their desire to repair home , and to find all things quiet at their return , would have easily kept them from being infected with that cursed disease of rebellion against their soveraign , upon whose favour they depend for the continuance of their livelihood : whereas the ianizaries are for life , and are sure to be in the same employment under the next successor ; so sure , that no grand seignior can , or dares go about to disband them , the suspicion of intending such a thing having caused the death of more than one of their emperours . but i shall go to the limited monarchies . doct. but pray , before you do so , inform us something of the roman emperours : had they the whole dominion or property of the lands of italy ? eng. gent. the roman emperours i reckon amongst the tyrants , for so amongst the greeks were called those citizens who usurpt the governments of their crmmonwealths , and maintain'd it by force , without endeavouring to found or establish it , by altering the property of lands , as not imagining that their children could ever hold it after them , in which they were not deceived : so that it is plain that the roman empire was not a natural but a violent government . the reasons why it lasted longer than ordinarily tyrannies do , are many ; first , because augustus the first emperour kept up the senate , and so for his time cajold them with this bait of imaginary power , which might not have sufficed neither to have kept him from the late of his uncle , but that there had been so many revolutions and bloody wars between , that all mankind was glad to repose and take breath for a while under any government that could protect them . and he gain'd the service of these senators the rather , because he suffered none to be so but those who had followed his fortune in the several civil wars , and so were engaged to support him for their own preservation ; besides , he confiscated all those who had at any time been proscribed , or sided in any encounter against him ; which , considering in how few hands the lands of italy then were , might be an over-ballance of the property in his hands . but this is certain , that what ever he had not in his own possession , he disposed of at his pleasure , taking it away , as also the lives of his people , without any judicial proceedings , when he pleased : that the confiscations were great , we may see by his planting above sixty thousand souldiers upon lands in lombardy ; that is , erecting so many beneficia , or timarr's , and , if any man's lands lay in the way , he took them in for neighbourhood , without any delinquency . mantua vae miserae nimium vicina cremonae . and it is very evident that if these beneficia had not afterwards been made hereditary , that empire might have had a stabler foundation , and so a more quiet and orderly progress than it after had ; for the court guards , call'd the praetorians , did make such havock of their princes , and change them so often , that this ( though it may seem a paradox ) is another reason why this tyranny was not ruin'd sooner ; for the people , who had really an interest to endeavour a change of government , were so prevented by seeing the prince , whom they designed to supplant , removed to their hand , that they were puzled what to do , taking in the mean time great recreation to see those wild beasts hunted down themselves , who had so often prey'd upon their lives and estates ; besides that , most commonly the frequent removes of their masters , made them scarce have time to do any mischief to their poor oppressed subjects in particular , though they were all slaves in general . this government of the later romans is a clear example of the truth and efficacy of these politick principles we have been discoursing of . first , that any government ( be it the most unlimitted and arbitrary monarchy ) that is placed upon a right basis of property , is better both for prince and people , than to leave them a seeming property , still at his devotion , and then for want of fixing the foundation , expose their lives to those dangers and hazzards with which so many tumults and insurrections , which must necessarily happen , will threaten them daily : and in the next place , that any violent constraining of mankind to a subjection , is not to be called a government , nor does salve either the politick or moral ends , which those eminent legislators amongst the ancients proposed to themselves , when they set rules to preserve the quiet and peace , as well as the plenty , prosperity , and greatness of the people ; but that the politicks or art of governing is a science to be learned and studied by counsellors and statsemen be they never so great ; or else mankind will have a very sad condition under them , and they themselves a very perplexed and turbulent life , and probably a very destructive and precipitous end of it . doct. i am very glad i gave occasion to make this discourse : now i beseech you , before you go to the mixt monarchies , not to forget egypt . eng. gent. 't was that i was coming to , before you were pleased to interrogate me concerning the roman empire . the egyptians are this day , for ought i know , the only people that enjoy property , and are governed as a province by any of the eastern absolute princes . for whereas damasco , aleppo , and most of the other cities and provinces of that empire , whose territory is divided into timarr's , are governed by a bashaw , who for his guards has some small number of janizaries or souldiers ; the bashaw of egypt , or of grand cairo , has ever an army with him ; and divers forts are erected , which is the way european princes use in governing their provinces , and must be so where property is left entire , except they plant colonies as the romans did . the reason why selim , who broke the empire of the mamalukes , and conquered egypt , did not plant timarr's upon it , was the laziness and cowardliness of the people , and the great fruitfulness of the soil , and deliciousness of the country , which has mollifi'd and rendred effeminate all the nations that ever did inhabit it . so that a resolution was taken to impose upon them , first the maintaining an army by a tax , and then to pay a full half of all the fruits and product of their lands ( to the grand seignior ) which they are to cultivate and improve : this is well managed by the bashaws and their officers , and comes to an incredible sum ; the goods being sold , the money is conveyed in specie to the port , and is the greatest part of that prince's revenue . and it is believed , that if all the lands had been entirely confiscated , and that the grand seignior had managed them by his officers , he would not have made a third part so much of the whole , as he receives now annually for one half : not only because those people are extreamly industrious where their own profit is concerned : but for that , it is clear , if they had been totally divested of their estates , they would have left their country , and made that which is now the most populous kingdom of the world , a desart , as is all the rest of the turkish dominions , except some cities . and if the people had removed as they did elsewhere , there would not only have wanted hands to have cultivated and improved the lands , but mouths to consume the product of it ; so that the princes revenue by the cheapness of victual , and the want of labourers , would have almost fallen to nothing . noble ven. pray god this be not the reason that this king of france leaves property to his subjects ; for certainly he hath taken example by this province of egypt , his subjects having a tax ( which for the continuance of it , i must call a rent or tribute ) impos'd upon them to the value of one full half of their estates , which must ever increase as the lands improve . eng. gent. i believe , sir , there is another reason ; for the property there , being in the nobility and gentry , which are the hands by which he manages his force both at home and abroad , it would not have been easie or safe for him to take away their estates . but i come to the limited monarchies . they were first introduced ( as was said before ) by the goths , and other northern people . whence those great swarms came , as it was unknown to procopius himself , who liv'd in the time of their invasion , and who was a diligent searcher into all the circumstances of their concernments , so it is very needless for us to make any enquiry into it , thus much being clear , that they came man , woman , and child , and conquer'd and possest all these parts of the world , which were then subject to the roman empire , and since christianity came in have been so to the latin church , till honest iohn calvin taught some of us the way how to deliver ourselves from the tyrannical yoak , which neither we nor our forefathers were able to bear . whence those people had the government they establisht in these parts after their conquest , that is , whether they brought it from their own country , or made it themselves , must needs be uncertain , since their original is wholly so ; but it seems very probable that they had some excellent persons among them , though the ignorance and want of learning in that age hath not suffered any thing to remain that may give us any great light ; for it is plain , that the government they setled , was both according to the exact rules of the politicks , and very natural and suitable to that division they made of their several territories . whenever then these invaders had quieted any province , and that the people were driven out or subdued , they divided the lands , and to the prince they gave usually a tenth part , or thereabouts ▪ to the great men , or comites regis ( as it was translated into latine ) everyone ( as near as they could ) an equal share . these were to enjoy an hereditary right in their estates , as the king did in his part and in the crown ; but neither he , nor his peers or companions , were to have the absolute disposal of the lands so allotted them , but were to keep a certain proportion to themselves for their use : and the rest was ordered to be divided amongst the free-men , who came with them to conquer . what they kept to themselves was called demesnes in english and french , and in italian , beni allodiali . the other part which they granted to the free-men , was called a feud : and all these estates were held of these lords hereditarily , only the tenants were to pay a small rent annually , and at every death or change an acknowledgment in money , and in some tenures the best beast besides : but the chief condition of the feud or grant , was , that the tenant should perform certain services to the lord , of which one ( in all tenures of free-men ) was to follow him armed to the wars for the service of the prince and defence of the land. and upon their admittance to their feuds , they take an oath to be true vassals and tenants to their lords , and to pay their rents , and perform their services , and upon failure to forfeit their estates ; and these tenants were divided according to their habitations into several mannors , in every one of which there was a court kept twice every year , where they all were to appear , and to be admitted to their several estates , and to take the oath above mentioned . all these peers did likewise hold all their demesnes , as also all their mannors , of the prince ; to whom they swore allegiance and fealty : there were besides these freemen or francklins , other tenants to every lord , who were called villains , who were to perform all servile offices and their estates were all at the l●●●● disposal when he pleased ; these consisted mostly of such of the former inhabitants of these countries , as were not either destroyed or driven out , and possibly of others who were servants amongst them , before they came from their own countries . perhaps thus much might have been unnecessary to be said , considering that these lords , tenants , and courts , are yet extant in all the kingdoms in europe ; but that to a gentleman of venice , where there are none of these things , and where the goths never were , something may be said in excuse for me . noble ven. 't is true , sir , we fled from the goths betimes , but yet in those countries which we recovered since in terra firma , we found the footsteps of these lords , and tenures , and their titles of counts ; though being now provinces to us , they have no influence upon the government , as i suppose you are about to prove they have in th●se parts . eng. gent. you are right , sir ; for the governments of france , spain , england , and all other countries where these people setled , were fram'd accordingly . it is not my business to describe particularly the distinct forms of the several governments in europe , which do derive from these people ( for they may differ in some of their orders and laws , though the foundation be in them all the same ) this would be unnecessary , they being all extant , and so well known ; and besides , little to my purpose , excepting to shew where they have declined from their first institution , and admitted of some change . france , and poland , have not , nor as i can learn , ever had any free-men below the nobility ; that is , had no yeomen ; but all are either noble , or villains , therefore the lands must have been originally given , as they now remain , into the hands of these nobles . but i will come to the administration of the government in these countries , and first say wherein they all agree , or did at least in their institution , which is , that the soveraign power is in the states assembled together by the prince , in which he presides ; these make laws , levy money , redress grievances , punish great officers , and the like . these states consist in some places of the prince and nobility onely , as in poland , and anciently in france ( before certain towns , for the encouraging of trade , procured priviledges to send deputies ; which deputies are now called the third estate ) and in others , consist of the nobility and commonalty , which latter had and still have the same right to intervene and vote , as the great ones have both in england , spain , and other kingdomes . doct. but you say nothing of the clergy ; i see you are no great friend to them , to leave them out of your politicks . eng. gent. the truth is , doctor , i could wish there had never been any : the purity of christian religion , as also the good and orderly government of the world , had been much better provided for without them , as it was in the apostolical time , when we heard nothing of clergy . but my omitting their reverend lordships was no neglect , for i meant to come to them in order ; for you know that the northern people did not bring christianity into these parts , but found it here , and were in time converted to it , so that there could be no clergy at the first : but if i had said nothing at all of this race , yet i had committed no solecism in the politicks ; for the bishops and great abbots intervened in the states here , upon the same foundātion that the other peers do , viz. for their great possessions , and the dependence their tenants and vassals have upon them ; although they being a people of that great sanctity and knowledg , scorn to intermix so much as titles with us profane lay-ideots , and therefore will be called lords spiritual . but you will have a very venerable opinion of them , if you do but consider how they came by these great possessions , which made them claim a third part of the government . and truely not unjustly by my rule , for i believe they had no less ( at one time ) than a third part of the lands in most of these countries . noble ven. pray , how did they acquire these lands ? was it not here by the charitable donation of pious christians , as it was elsewhere ? eng. gent. yes , certainly , very pious men ; some of them might be well meaning people , but still such as were cheated by these holy men , who told them perpetually , both in publick and private , that they represented god upon earth , being ordained by authority from him who was his viceroy here , and that what was given to them was given to god , and he would repay it largely both in this world and the next . this wheedle made our barbarous ancestors , newly instructed in the christian faith ( if this religion may be called so , and sucking in this foolish doctrine more than the doctrine of christ ) so zealous to these vipers , that they would have pluckt out their eyes to serve them , much more bestow , as they did , the fruitfullest and best situate of their possessions upon them : nay , some they perswaded to take upon them their callings , vow chastity , and give all they had to them , and become one of them , amongst whom , i believe , they found no more sanctity than they left in the world. but this is nothing to another trick they had , which was to insinuate into the most notorious and execrable villains , with which that age abounded ; men , who being princes , and other great men ( for such were the tools they work'd with ) had treacherously poisoned , or otherwise murdered their nearest relations , fathers , brothers , wives , to reign , or enjoy their estates ; these they did perswade into a belief , that if they had a desire to be sav'd , notwithstanding their execrable villanies , they need but part with some of those great possessions ( which they had acquired by those acts ) to their bishopricks or monasteries , and they would pray for their souls , and they were so holy and acceptable to god , that he would deny them nothing ; which they immediately performed , so great was the ignorance and blindness of that age ; and you shall hardly find in the story of those times , any great monastery , abbey , or other religious house in any of these countries ( i speak confidently , as to what concerns our own saxons ) that had not its foundation from some such original . doct. a worthy beginning of a worthy race ! noble ven. sir , you maintain a strange position here , that it had been better there had been no clergy : would you have had no gospel preached , no sacraments , no continuance of christian religion in the world ? or do you think that these things could have been without a succession of the true priesthood , or ( as you call it , of true ministry ) by means of ordination ? do's not your own church hold the same ? eng. gent. you will know more of my church , when i have told you what i find the word church to signifie in scripture , which is to me the only rule of faith , worship , and manners ; neither do i seek these aditional helps , of fathers , councels , or ecclesiastical history , much less tradition : for since it is said in the word of god itself , that antichrist did begin to work even in those days ; i can easily believe that he had brought his work to some perfection , before the word church was by him applied to the clergy : i shall therefore tell you what i conceive that church , clergy , and ordination , signified in the apostolical times . i find then the word church in the new testament taken but in two sences ; the first , for the vniversal invisible church , called sometimes of the first-born ; that is , the whole number of the true followers of christ in the world , where-ever resident , or into what part soever dispersed . the other signification of church is an assembly , which though it be sometimes used to express any meetings ( even unlawful & tumultuous ones ) as well in scripture as prophane authors ; yet it is more frequently understood , for a gathering together to the duties of prayer , preaching , and breaking of bread ; and the whole number so congregated is , both in the acts of the apostles , and in their holy epistles , called the church ; nor is there the least colour for appropriating that word to the pastors and deacons , who since the corruptions of christian religion are called clergy ; which word in the old testament is used , sometimes for gods whole people , and sometimes for the tribe of levi , out of which the priests were chosen : for the word signifies a lot ; so ●● dispencer of the christian faith. and i cannot sufficiently admire why our clergy , who very justly refuse to believe the miracle which is pretended to be wrought in transubstantiation , because they see both the wafer and the wine to have the same substance , and the same accidents ( after the priest has mumbled words over those elements ) as they had before , and yet will believe that the same kind of spell or charm in ordination can have the efficacy to metamorphose a poor lay-ideot into a heavenly creature ; notwithstanding that we find in them the same humane nature , and the same necessities of it , to which they were subject before such transformation ; nay , the same debauch , profanness , ignorance , and disability to preach the gospel . noble ven. sir , this discourse is very new to me . i must confess i am much inclined to joyn with you in believing , that the power priests exercise over mankind , with the iurisdiction they pretend to over princes and states , may be a usurpation ; but that they should not have a divine call to serve at the altar , or that any person can pretend to perform those sacred functions without being duly ordained , seems very strange . eng. gent. i am not now to discourse of religion ; it is never very civil to do so in conversation of persons of a different belief ; neither can it be of any benefit towards a roman catholick , for if his conscience should be never so cleerly convinc'd , he is not yet master of his own faith , having given it up to his church , of whom he must ask leave to be a convert , which he will be sure never to obtain ; but if you have the curiosity when you come amongst the learned in your own country ( for amongst our ordination-mongers , there is a great scarcity of letters and other good parts ) you may please to take the bible , which you acknowledg to be the word of god as well as we , and intreat some of them to shew you any passage , the plain and genuine sense of which can any way evince this succession , this ordination , or this priesthood , we are now speaking of ; and when you have done , if you will let your own excellent reason and discourse judg , and not your priest , ( who is too much concerned in point of interest ) i make no doubt but you will be convinced that the pretence to the dispensing of divine things by virtue of a humane constitution , and so ridiculous a one too , as the ordination practised by your bishops and ours ( who descend and succeed from one and the same mother ) is as little justifiable by scripture and reason , and full as great a cheat and vsurpation , as the empire which the ecclesiasticks pretend to over the consciences and persons of men , and the exemption from all secular power . noble ven. well , sir , though neither my faith nor my reason can come up to what you hold , yet the novelty and the grace of this argument has delighted me extreamly : and if that be a sin , as i fear it is , i must confess it to my priest ; but i ask your pardon first , for putting you upon this long deviation . eng. gent. well , this digression is not without its use , for it will shorten our business ( which is grown longer than i thought it would have been ) for i shall mention the clergy no more , but when-ever i speak of peerage , pray take notice that i mean both lords spiritual and temporal , since they stand both upon the same foot of property . but if you please , i will fall immediately to discourse of the government of england , and say no more of those of our neighbours , than what will fall in by the way , or be hinted to me by your demands ; for the time runs away , and i know the doctor must be at home by noon , where he gives daily charitable audience to an infinity of poor people , who have need of his help , and who send or come for it , not having the confidence to send for him , since they have nothing to give him ; though he be very liberal too of his visits to such , where he has any knowledg of them : but i spare his modesty , which i see is concerned at the just testimony i bear to his charity . the soveraign power of england then , is in king , lords , and commons . the parliaments , as they are now constituted , that is , the assigning a choice to such a number of burroughs , as also the manner and form of elections and returns , did come in , as i suppose , in the time of henry the third , where now our statute-book begins ; and i must confess , i was inclined to believe , that before that time , our yeomanry or commonalty had not formally assembled in parliament , but been virtually included , and represented by the peers , upon whom they depended : but i am fully convinced , that it was otherwise , by the learned discourses lately publisht by mr. petit of the temple , and mr. attwood of grays-inne , being gentlemen whom i do mention honoris causa ; and really they deserve to be honor'd , that they will spare some time from the mechanical part of their callings ( which is to assist clients with counsel , and to plead their causes , and which i acknowledg likewise to be honourable ) to study the true interest of their country , and to show how ancient the rights of the people in england are , and that in a time when neither profit nor countenance can be hop'd for from so ingenious an undertaking . but i beg pardon for the deviation . of the three branches of soveraign power which politicians mention , which are enacting laws , levying of taxes , and making war and peace , the two first of them are indisputably in the parliament ; and when i say parliament , i ever intend with the king. the last has been usually exercis'd by the prince , if he can do it with his own money : yet ' because even in that case it may be ruinous to the kingdom , by exposing it to an invasion , many have affirmed that such a power cannot be by the true and ancient free government of england , supposed to be intrusted in the hands of one man : and therefore we see in divers kings reigns , the parliament has been consulted , and their advice taken in those matters that have either concerned war or leagues ; and that if it has been omitted , addresses have been made to the king by parliaments , either to make war or peace , according to what they thought profitable to the publick . so that i will not determine whether that power which draws such consequences after it , be by the genuine sence of our laws in the prince or no ; although i know of no statute or written record which makes it otherwise . that which is undoubtedly the kings right , or prerogative , is to call and dissolve parliaments , to preside in them , to approve of all acts made by them , and to put in execution , as supream or soveraign magistrate , in the intervals of parliaments , and during their sitting , all laws made by them , as also the common law ; for which cause he has the nomination of all inferiour officers and ministers under him , excepting such as by law or charter are eligible otherwise ; and the power of the sword , to force obedience to the judgements given both in criminal and civil causes . doct. sir , you have made us a very absolute prince ; what have we left us ? if the king have all this power , what do our liberties or rights signifie whenever he pleases ? eng. gent. this objection , doctor , makes good what i said before , that your skill did not terminate in the body natural , but extend to the politick ; for a more pertinent interrogatory could never have been made by plato or aristotle : in answer to which , you may please to understand , that when these constitutions were first made , our ancestors were a plain-hearted , well-meaning people , without court-reserves or tricks , who having made choice of this sort of government , and having power enough in their hands to make it take place , did not foresee , or imagine , that any thoughts of invading their rights could enter into the princes head ; nor do i read that it ever did , till the norman line came to reign ; which coming in by treaty , it was obvious there was no conquest made upon any but harold , in whose stead william the first came , and would claim no more after his victory , than what harold enjoy'd , excepting that he might confiscate ( as he did ) those great men who took part with the wrong title , and french-men were put into their estates ; which though it made in this kingdom a mixture between normans and saxons , yet produced no change or innovation in the government ; the norman peers ●●ing as tenacious of their liberties , and as active in the recovery of them to the full , as the saxon families were . soon after the death of william , and possibly in his time , there began some invasions upon the rights of the kingdom , 〈…〉 gat grievances , and afterwards 〈…〉 plants and discontents , which grew to that height , that the peers were fain to use their power , that is , arm their vassals to defend the government ; whilest the princes of that age , first king iohn , and then henry the third , got force together . the barons call'd in lewis the dauphin , whilst the king would have given away the kingdom to the sarazens , as he did to the pope , and armed their own creatures ; so that a bloody war ensued , for almost forty years , off and on ; as may be read in our history : the success was , that the barons or peers obtained in the close two charters or laws for the ascertaining their rights , by which neither their lives , liberties , or estates , could ever be in danger any more from any arbitrary power in the prince ; and so the good government of england , which was before this time like the law of nature , onely written in the hearts of men , came to be exprest in parchment , and remain a record in writing ; though these charters gave us no more than what was our own before . after these charters were made , there could not chuse but happen some encroachment upon them : but so long as the peers kept their greatness , there was no breaches but what were immediately made up in parliament ; which when-ever they assembled , did in the first place confirm the charters , and made very often interpretations upon them , for the benefit of the people ; witness the statute de tallagio non concedendo , and many others . but to come nearer the giving the doctor an answer , you may please to understand , that not long after the framing of these forementioned charters , there did arise a grievance not foreseen or provided for by them ; and it was such an one that had beaten down the government at once , if it had not been redressed in an orderly way . this was the intermission of parliaments , which could not be called but by the prince ; and he not doing of it , they ceast to be assembled for some years : if this had not been speedily remedied , the barons must have put on their armour again ; for who can imagine that such brisk assertors of their rights could have acquiesced in an omission that ruin'd the foundation of the government , which consisting of king , lords , and commons , and having at that time marched near five hundred years upon three leggs , must then have gone on hopping upon one ; which could it have gone forward ( as was impossible whilest property continued where it was ) yet would have rid but a little way . nor can it be wonder'd at , that our great men made no provision against this grievance in their charters , because it was impossible for them to imagine that their prince , who had so good a share in this government , should go about to destroy it , and to take that burden upon himself , which by our constitution was undeniably to be divided between him and his subjects : and therefore divers of the great men of those times speaking with that excellent prince king edward the first about it , he , to take away from his people all fear and apprehension that he intended to change the ancient government , called speedily a parliament , and in it consented to a declaration of the kingdoms right in that point ; without the clearing of which , all our other laws had been useless , and the government itself too ; of which the parliament is ( at the least ) as essential a part as the prince ; so that there passed a law in that parliament that one should be held every year , and oftner if need be ; which like another magna charta , was confirmed by a new act made in the time of edward the third , that glorious prince : nor were there any sycophants in those days , who durst pretend loyalty by using arguments to prove that it was against the royal prerogative , for the parliament to entrench upon the kings right of calling and dissolving of parliaments ; as if there were a prerogative in the crown , to chuse whether ever a parliament should assemble , or no ; i would desire no more , if i were a prince , to make me grand seignior . soon after this last act , the king , by reason of his wars with france and scotland , and other great affairs , was forced sometimes to end his parliaments abruptly , and leave business undone , ( and this not out of court-tricks , which were then unknown ) which produced another act not long after , by which it was provided , that no parliament should be dismist , till all the petitions were answered ; that is , in the language of those times , till all the bills ( which were then styled petitions ) were finished . doct. pray , sir , give me a little account of this last act you speak of ; for i have heard in discourse from many lawyers , that they believe there is no such . eng. gen. truly , sir , i shall confess to you , that i do not find this law in any of our printed statute-books ; but that which first gave me the knowledg of it was , what was said about three years ago in the house of commons , by a worthy and learned gentleman , who undertook to produce the record in the reign of richard the second ; and since i have questioned many learned counsellors about it , who tell me there is such a one ; and one of them , who is counted a prerogative-lawyer , said it was so , but that act was made in factious times . besides , i think it will be granted , that for some time after , and particularly in the reigns of henry the th , henry the th , and henry the th , it was usual for a proclamation to be made in westminster-hall , before the end of every session , that all those that had any matter to present to the parliament , should bring it in before such a day , for otherwise the parliament at that day should determine . but if there were nothing at all of this , nor any record extant concerning it ; yet i must believe that it is so by the fundamental law of this government , which must be lame and imperfect without it ; for it is all one to have no parliaments at all but when the prince pleases , and to allow a power in him to dismiss them when he will , that is , when they refuse to do what he will ; so that if there be no statute , it is certainly because our wise ancestors thought there needed none , but that by the very essence and constitution of the government it is provided for : and this we may call ( if you had rather have it so ) the common-law , which is of as much value ( if not more ) than any statute , and of which all our good acts of parliament and magna charta itself is but declaratory ; so that your objection is sufficiently aswered in this , that though the king is intrusted with the formal part of summoning and pronouncing the dissolution of parliaments , which is done by his writ , yet the laws ( which oblige him as well as us ) have determin'd how and when he shall do it ; which is enough to shew , that the kings share in the soveraignty , that is , in the parliament , is cut out to him by the law , and not left at his disposal . now i come to the kings part in the intervals of parliament . noble ven. sir , before you do so , pray tell us what other prerogatives the king enjoys in the government ; for otherwise , i who am a venetian , may be apt to think that our doge , who is call'd our prince , may have as much power as yours . eng. gent. i am in a fine condition amongst you with my politicks : the doctor tells me i have made the king absolute , and now you tell me i have made him a doge of venice ; but when your prince has power to dispose of the publick revenue , to name all officers ecclesiastical and civil that are of trust and profit in the kingdom , and to dispose absolutely of the whole militia by sea and land , then we will allow him to be like ours , who has all these powers . doct. well , you puzzle me extreamly : for when you had asserted the king's power to the heighth , in calling and dissolving parliaments , you gave me such satisfaction , and shewed me wherein the law had provided , that this vast prerogative could not hurt the people , that i was fully satisfied , and had not a word to say ; now you come about again , and place in the crown such a power , which in my judgment is inconsistent with our liberty . eng. gent. sir , i suppose you mean chiefly the power of the militia , which was , i must confess , doubtful , before a late statute declar'd it to be in the king : for our government hath made no other disposal of the militia than what was natural , viz. that the peers in their several counties , or jurisdictions , had the power of calling together their vassals , either armed for the wars , or onely so as to cause the law to be e●●cuted by serving writs ; and in case of resistance , giving possession : which lords amongst their own tenants did then perform the two several offices of lord-lieutenant , and sheriff ; which latter was but the earls deputy , as by his title of vice-comes do's appear . but this latter being of daily necessity , and justice itself , that is , the lives , liberties and estates of all the people in that county depending upon it , when the greatness of the peers decay'd ( of which we shall have occasion to speak hereafter ) the electing of sheriff was referred to the county-court , where it continued till it was placed where it now is by a statute . for the other part of the militia , which is , the arming the people for war , it was de facto exercised by commission from the king , to a lord-lieutenant ( as an image of the natural lord ) and other deputies ; and it was tacitely consented to , though it were never setled by statute ( as i said before ) till his majesties happy restauration . but to answer you , i shall say , that whatever powers are in the crown , whether by statute or by old prescription , they are , and must be understood to be intrusted in the prince , for the preservation of the government , and for the safety and interest of the people ; and when either the militia , which is given him for the execution and support of the law , shall be imploy'd by him to subvert it ( as in the case of ship-money it was ) or the treasure shall be mis-apply'd , and made the revenue of courtiers and sycophants ( as in the time of edward the second ) or worthless or wicked people shall be put into the greatest places , as in the reign of richard the second ; in this case , though the prince here cannot be questionable for it ( as the kings were in sparta , and your doges i believe would be ) yet it is a great violation of the trust reposed in him by the government , and a making that power , which is given him by law , unlawful in the execution . and the frequent examples of justice inflicted in parliament upon the king's ministers for abusing the royal power , shews plainly that such authority is not left in his hands to use as he pleases . nay , there have be fallen fact troubles and dangers to some of th●se princes themselves , who have abused their power to the prejudice of the subjects ; which although they are no way justifiable , yet may serve for an instruction to princes , and an example not to hearken to ruinous councils : for men when they are enraged do not always consider justice of religion , passion being as natural to man as reason and vertue , which was the opinion of divine machiavil . to answer you then , i say , that though we do allow such powers in the king , yet since they are given him for edification and not destruction , and cannot be abused without great danger to his ministers , and even to himself ; we may hope that they can never be abused but in a broken government : and if ours be so ( as we shall see anon ) the fault of the ill execution of our laws is not to be imputed either to the prince or his ministers ; excepting that the latter may be , as we said before , justly punishable for not advising the prince to consent to them ending the frame ; of which we shall talk more hereafter : but in the mean time i will come to the kings other prerogatives , as having all royal mines , the being serv'd first before other creditors where mony is due to him , and to have a speedier and easier way than his subjects to recover his debts and his rents , &c. but to say all in one word , when there arises any doubt whether any thing be the king's prerogative or no , this is the way of deciding it , viz. to consider whether it be for the good and protection of the people that the king have such a power ; for the definition of prerogative is a considerable part of the common law , by which power is put into the prince for the preservation of his people . and if it be not for the good of his subjects , it is not prerogative , not law , for our prince has no authority of his own , but what was first intrusted in him by the government , of which he is head ; nor is it to be imagined that they would give him more power than what was necessary to govern them . for example , the power of pardoning criminals condemned , is of such use to the lives and estates of the people , that without it many would be exposed to die unjustly ; as lately a poor gentleman , who by means of the harangue of a strepitous lawyer was found guilty of murder , for a man he never kil'd ; or if he had , the fact had been but man-slaughter ; and he had been inevitably murdered himself , if his majesty had not been graciously pleased to extend his royal mercy to him ; as he did likewise vouchsafe to do to a gentleman convicted for speaking words he never utter'd ; or if he had spoken them , they were but foolishly , not malitiously spoken . on the other side , if a controversie should arise , as it did in the beginning of the last parliament , between the house of commons , and the prerogative-lawyers , about the choice of their speaker , these latter having interested his majesty in the contest , and made him , by consequence , disoblige , in limine , a very loyal , and a very worthy parliament ; and for what ? for a question , which if you will decide it the right way , will be none : for setting aside the presidents , and the history when the crown first pretended to any share in the choice of a speaker , which argument was very well handled by some of the learned patriots then , i would have leave to ask , what man can shew , and what reason can be alledged , why the protection and welfare of the people should require that a prerogative should be in the prince to chuse the mouth of the house of commons , when there is no particular person in his whole dominion that would not think it against his interest , if the government had given the king power to nominate his bayliff , his attorney , or his referree in any arbitration ? certainly there can be no advantage either to the soveraign or his subjects , that the person whose office it is to put their deliberations into fitting words , and express all their requests to his majesty , should not be entirely in their own election and appointment ; which there is the more reason for too , because the speakers for many years past have received instructions from the court , and have broken the priviledges of the house , by revealing their debates , adjourning them without a vote , and committed many other misdemeanours , by which they have begotten an ill understanding between the king and his house of commons , to the infinite prejudice both of his majesties affairs , and his people . since i have given this rule to judge prerogative by , i shall say no more of it ; for as to what concerns the king's office in the intervals of parliament , it is wholly ministerial , and is barely to put in execution the common law and the statutes made by the soveraign power , that is , by himself and the parliament , without varying one tittle , or suspending , abrogating , or neglecting the execution of any act whatsoever ; and to this he is solemnly sworn at his coronation : and all his power in this behalf is in him by common law , which is reason itself , written as well in the hearts of rational men , as in the lawyers books . noble ven. sir , i have heard much talk of the kings negative voice in parliaments , which in my opinion is as much as a power to frustrate , when he pleases , all the endeavours and labours of his people , and to prevent any good that might accrue to the kingdom by having the right to meet in parliament : for certainly , if we in venice had placed any such prerogative in our duke , or in any of our magistracies , we could not call ourselves a free people . eng. gent. sir , i can answer you as i did before , that if our kings have such a power , it ought to be used according to the true and genuine intent of the government , that is , for the preservation and interest of the people , and not for the disappointing the counsels of a parliament , towards reforming grievances , and making provision for the future execution of the lawes ; and whenever it is applyed to frustrate those ends , it is a violation of right , and infringement of the king's coronation-oath ; in which there is this clause , that he shall confirmare consuetudines , ( which in the latine of those times is leges ) quas vulgus elegerit . i know some criticks , who are rather grammarians than lawyers , have made a distinction between elegerim and elegero , and will have it , that the king swears to such laws as the people shall have chosen , and not to those they shall chuse . but in my opinion , if that clause had been intended onely to oblige the king to execute the laws made already , it might have been better exprest by servare consuetudines , than by confirmare consuetudines ; besides that he is by another clause in the same oath sworn to execute all the laws . but i shall leave this controversie undecided ; those who have a desire to see more of it , may look into those quarrelling declarations , pro and con , about this matter , which preceded our unhappy civil wars . this is certain , that there are not to be found any statutes that have passed , without being presented to his majesty , or to some commissioned by him ; but whether such addresses were intended for respect and honour to his majesty , as the speaker of the house of commons and the lord mayor of london are brought to him , i leave to the learned to discourse ; onely thus much we may affirm , that there never were yet any parliamentary requests , which did highly concern the publick , presented to any king , and by him refused , but such denials did produce very dismal effects , as may be seen in our histories ancient and late ; it being certain , that both the barons wars , and our last dismal combustions , proceeded from no other cause than the denial of the princes then reigning to consent to the desires of the states of the kingdom : and such hath been the wisdom and goodness of our present gracious prince , that in twenty years and somewhat more , for which time we have enjoy'd him since his happy restauration , he hath not exercis'd his negative voice towards more than one publick bill ; and that too , was to have continued in force ( if it had passed into an act ) but for six weeks , being for raising the militia for so long time ; and as for the private bills , which are matters of meer grace , it is unreasonable his majesty should be refused that right that every englishman enjoys , which is not to be obliged to dispence his favours but where he pleases . but for this point of the negative vote , it is possible that when we come to discourse of the cure of our political distemper , some of you will propose the clearing and explanation of this matter , and of all others which may concern the king's power and the peoples rights . noble ven. but pray , sir , have not the house of peers a negative voice in all bills ? how come they not to be obliged to use it for the publick good ? eng. gent so they are , no doubt , and the commons too ; but there is a vast difference between a deliberative vote which the peers have with their negative , and that in the crown to blast all without deliberating . the peers are co-ordinate with the commons in presenting and hammering of laws , and may send bills down to them , as well as receive any from them , excepting in matters wherein the people are to be taxed : and in this our government imitates the best and most perfect commonwealths that ever were ; where the senate assisted in the making of laws , and by their wisdom and dexterity , polisht , fil'd , and made ready things for the more populous assemblies ; and sometimes by their gravity and moderation , reduced the people to a calmer state , and by their authority and credit stem'd the tide , and made the waters quiet , giving the people time to come to themselves . and therefore if we had no such peerage now upon the old constitution , yet we should be necessitated to make an artificial peerage or senate in stead of it : which may assure our present lords , that though their dependences and power are gone , yet that we cannot be without them ; and that they have no need to fear an annihilation by our reformation , as they suffered in the late mad times . but i shall speak a word of the peoples rights , and then shew how this brave and excellent government of england came to decay . the people by the fundamental laws , that is , by the constitution of the government of england , have entire freedome in their lives , properties , and their persons ; nether of which can in the least suffer , but according to the laws already made , or to be made hereafter in parliament , and duly publisht : and to prevent any oppression that might happen in the execution of these good laws , which are our birth-right , all tryals must be by twelve men of our equals , and of our neighbourhood ; these in all civil causes judge absolutely and decide the matter of fact , upon which the matter of law depends ; but if where matter of law is in question , these twelve men shall refuse to find a special verdict at the direction of the court , the judge cannot controul it , but their verdict must be recorded . but of these matters , as also of demurrers , writs of errour , and arrests of judgment , &c. i have discours'd to this gentleman ( who is a stranger ) before now ; neither do's the understanding of the execution of our municipal laws at all belong to this discourse : onely it is to be noted , that these juries , or twelve men , in all trials or causes which are criminal , have absolute power , both as to matter of law and fact ( except the party by demurrer confess the matter of fact , and take it out of their hands . ) and the first question the officer asks the foreman , when they all come in to deliver their verdict , is this , is he guilty in manner or form as he is indicted , or not guilty ? which shews plainly , that they are to examine and judge , as well whether , and how far the fact committed is criminal , as whether the person charged hath committed that fact. but though by the corruption of these times ( the infallible consequences of a broken frame of government ) this office of the juries and right of englishmen have been of late question'd , yet it hath been strongly and effectually vindicated by a learned author of late , to whom i refer you for more of this matter . i shall say no more of the rights of the people , but this one thing , that neither the king , nor any by authority from him , hath any the least power or jurisdiction over any englishman , but what the law gives them ; and that although all commissions and writs go out in the king's name , yet his majesty hath no right to issue out any writ ( with advice of his council , or otherwise ) excepting what come out of his courts ; nor to alter any clause in a writ , or add anything to it . and if any person shall be so wicked as to do any injustice to the life , liberty , or estate of any englishman , by any private command of the prince , the person agrieved , or his next of kin ( if he be assassinated ) shall have the same remedy against the offender , as he ought to have had by the good laws of this land , if there had been no such command given ; which would be absolutely void and null , and understood not to proceed from that royal and lawful power which is vested in his majesty for the execution of justice , and the protection of his people . doct. now i see you have done with all the government of england ; pray before you proceed to the decay of it , let me ask you what you think of the chancery , whether you do not believe it a solecism in the politicks to have such a court amongst a free people ; what good will magna charta , the petition of right , or st. edwards laws do us to defend our property , if it must be entirely subjected to the arbitrary disposal of one man , whenever any impertinent or petulant person shall put in a bill against you ? how inconsistent is this tribunal with all that hath been said in defence of our rights , or can be said ? suppose the prince should in time to come so little respect his own honour and the interest of his people , as to place a covetous or revengeful person in that great judicatory , what remedy have we against the corruption of registers , who make what orders they please ; or against the whole hierarchy of knavish clerks , whilst not only the punishing and reforming misdemeanours depend upon him , who may without controul be the most guilty himself , but that all the laws of england stand there arraigned before him , and may be condemned when he pleases ? is there , or ever was there any such tribunal in the world before , in any countrey ? eng. gent. doctor , i find you have had a suit in chancery , but i do not intend to contradict or blame your orthodox zeal in this point : this court is one of those buildings that cannot be repaired , but must be demolished . i could inform you how excellently matters of equity are administred in other countries ; and this worthy gentleman could tell you of the venerable quaranzia's in his city , where the law as well as the fact , is at the bar , and subject to the judges , and yet no complaint made or grievance suffered : but this is not a place for , it this is but the superstructure ; we must settle the foundation first ; every thing else is as much out of order as this . trade is gone , suits are endless , and nothing amongst us harmonious : but all will come right when our government is mended , and never before , though our judges were all angels : this is the primum quaerite ; when you have this , all other things shall be added unto you ; when that is done , neither the chancery ( which is grown up to this since our ancestors time ) nor the spiritual courts , nor the cheats in trade , nor any other abuses , no not the gyant popery itself , shall ever be able to stand before a parliament , no more than one of us can live like a salamander in the fire . noble ven. therefore , sir , pray let us come now to the decay of your government , that we may come the sooner to the happy restauration . eng. gent. this harmonious government of england being founded as has been said upon property , it was impossible it should be shaken , so long as property remain'd where it was placed : for if , when the ancient owners the britains fled into the mountains , and left their lands to the invaders ( who divided them , as is above related ) they had made an agrarian law to fix it ; then our government , and by consequence our happiness had been for ought we know immortal : for our constitution , as it was really a mixture of the three , which are monarchy , aristocracy , and democracy ( as has been said ) so the weight and predominancy remain'd in the optimacy , who possessed nine parts in ten of the lands ; and the prince but about a tenth part . in this i count all the peoples share to the peers , and therefore do not trouble myself to enquire what proportion was allotted to them , for that although they had an hereditary right in their lands , yet it was so clog'd with tenures and services , that they depended , as to publick matters , wholly on their lords , who by them could serve the king in his wars ; and in time of peace , by leading the people to what they pleased : could keep the royal power within its due bounds , and also hinder and prevent the people from invading the rights of the crown ; so that they were the bulwarks of the government ; which in effect was much more an aristocracy , than either a monarchy or democracy : and in all governments , where property is mixt , the administration is so too : and that part which hath the greater share in the lands , will have it too in the jurisdiction : and so in commonwealths , the senate or the people have more or less power , as they have more or fewer possessions ; as was most visible in rome , where in the beginning , the patricii could hardly bring the people to any thing ; but afterwards , when the asiatick conquests had inricht the nobility to that degree , that they were able to purchase a great part of the lands in italy , the people were all their clients , and easily brought even to cut the throats of their redeemers the gracchi , who had carried a law for restoring them their lands . but enough of this before . i will not trouble myself nor you , to search into the particular causes of this change , which has been made in the possessions here in england ; but it is visible that the fortieth part of the lands which were at the beginning in the hands of the peers and church , is not there now ; besides that not only all villanage is long since abolished , but the other tenures are so altered and qualified , that they signifie nothing towards making the yeomanry depend upon the lords . the consequence is , that the natural part of our government , which is power , is by means of property in the hands of the people , whilest the artificial part , or the parchment , in which the form of government is written , remains the same . now art is a very good servant and help to nature , but very weak and inconsiderable , when she opposes her , and fights with her : it would be a very impar congressus , between parchment and power : this alone is the cause of all the disorder you heard of , and now see in england , and of which every man gives a reason according to his own fancy , whilest few hit the right cause : some impute all to the decay of trade , others to the growth of popery ; which are both great calamities , but they are effects , and not causes ; and if in private families there were the same causes , there would be the same effects . suppose now you had five or six thousand pounds a year , as it is probable you have , and keep forty servants , and at length , by your neglect , and the industry and thrift of your domesticks , you sell one thousand to your steward , another to your clerk of the kitchen , another to your bayliff , till all were gone ; can you believe that these servants , when they had so good estates of their own , and you nothing left to give them , would continue to live with you , and to do their service as before ? it is just so with a whole kingdom . in our ancestors times , most of the members of our house of commons thought it an honour to retain to some great lord , and to wear his blew coat : and when they had made up their lord's train , and waited upon him from his own house to the lords house , and made a lane for him to enter , and departed to sit themselves in the lower house of parliament , as it was then ( and very justly ) called ; can you think that any thing could pass in such a parliament that was not ordered by the lords ? besides , these lords were the king 's great council in the intervals of parliaments , and were called to advise of peace and war ; and the latter was seldom made without the consent of the major part ; if it were not , they would not send their tenants , which was all the militia of england ( besides the king's tenth part . ) can it be believed , that in those days the commons should dislike any thing the lords did in the intervals , or that they would have disputed their right to receive appeals from courts of equity , if they had pretended to it in those days , or to mend money-bills ? and what is the reason , but because the lords themselves at that time represented all their tenants ( that is , all the people ) in some sort ? and although the house of commons did assemble to present their grievances , yet all great affairs of high importance concerning the government , was transacted by the lords ; and the war which was made to preserve it , was called the barons wars , not the war of both houses : for although in antienter times the word baron were taken in a larger sense , and comprehended the francklins or freemen ; yet who reads any history of that war , shall not find that any mention is made of the concurrence of any assembly of such men , but that simon monford earl of leicester , and others of the great ones , did by their power and interest manage that contest . now if this property , which is gone out of the peerage into the commons , had passed into the king's hands , as it did in egypt in the time of ioseph , as was before said , the prince had had a very easie and peaceable reign over his own vassals , and might either have refused , justly , to have assembled the parliament any more ; or if he had pleased to do it , might have for ever managed it as he thought fit : but our princes have wanted a ioseph , that is , a wise councellor ; and instead of saving their revenue , which was very great , and their expences small , and buying in those purchases which the vast expences and luxury of the lords made ready for them , they have alienated their own inheritance ; so that now the crown-lands , that is , the publick patrimony , is come to make up the interest of the commons , whilest the king must have a precarious revenue out of the peoples purses , and be beholding to the parliament for his bread in time of peace ; whereas the kings their predecessors never asked aid of his subjects , but in time of war and invasion : and this alone ( though there were no other decay in the government ) is enough to make the king depend upon his people ; which is no very good condition for a monarchy . noble ven. but how comes it to pass that other neighbouring countries are in so settled a state in respect of england ? does their property remain the same it was , or is it come into the hands of the prince ? you know you were pleased to admit , that we should ask you , en passant , something of other countries . eng. gent. sir , i thank you for it , and shall endeavour to satisfie you . i shall say nothing of the small princes of germany , who keep in a great measure their ancient bounds , both of government and property ; and if their princes now and then exceed their part , yet it is in time of troubles and war , and things return into their right chanel of assembling the several states , which are yet in being every where : but germany lying so exposed to the invasion of the turks on the one side , and of the french on the other ; and having ever had enough to do to defend their several liberties against the encroachments of the house of austria ( in which the imperial dignity is become in some sort hereditary ) if there had been something of extraordinary power exercised of late years , i can say inter arma silent leges : but besides their own particular states , they have the diet of the empire , which never fails to mediate and compose things , if there be any great oppresson used by princes to their subjects , or from one prince or state to another . i shall therefore confine myself to the three great kingdoms , france , spain , and poland ; for as to denmark and sweden , the first hath lately chang'd its government , and not only made the monarchy hereditary , which was before elective , but has pull'd down the nobility , and given their power to the prince ; which how it will succeed , time will shew . sweden remains in point of constitution and property exactly as it did anciently , and is a well-governed kingdom . the first of the other three is france , of which i have spoken before , and shall onely add , that though it be very true , that there is property in france , and yet the government is despotical at this present , yet it is one of those violent states , which the grecians called tyrannies : for if a lawfull prince , that is , one who being so by law , and sworn to rule according to it , breaks his oaths and his bonds , and reigns arbitrarily , he becomes a tyrant and an usurper , as to so much as he assumes more than the constitution hath given him ; and such a government , being as i said violent , and not natural , but contrary to the interest of the people , first cannot be lasting , when the adventitious props which support it fail ; and whilst it does endure , must be very uneasie both to prince and people ; the first being necessitated to use continual oppression , and the latter to suffer it . doct. you are pleased to talk of the oppression of the people under the king of france , and for that reason , call it a violent government , when , if i remember , you did once to day extol the monarchy of the turks for well-founded and natural ; are not the people in that empire as much oppressed as in france ? eng. gent. by no means ; unless you will call it oppression for the grand seignior to feed all his people out of the product of his own lands ; and though they serve him for it , yet that does not alter the case : for if you set poor men to work and pay them for it , are you a tyrant , or rather , are not you a good common-wealths-man , by helping those to live , who have no other way of doing it but by their labour ? but the king of france knowing that his people have , and ought to have property , and that he has no right to their possessions , yet takes what he pleases from them , without their consent , and contrary to law ; so that when he sets them on work he pays them what he pleases , and that he levies out of their own estates . i do not affirm that there is no government in the world , but where rule is founded in property ; but i say there is no natural fixed government , but where it is so ; and when it is otherwise , the people are perpetually complaining , and the king in perpetual anxiety , always in fear of his subjects , and seeking new ways to secure himself ; god having been so merciful to mankind , that he has made nothing safe for princes , but what is just and honest . noble ven. but you were saying just now , that this present constitution in france will fall when the props fail ; we in italy , who live in perpetual fear of the greatness of that kingdom , would be glad to hear something of the decaying of those props ; what are they , i beseech you ? eng. gent. the first is the greatness of the present king , whose heriock actions and wisdom has extinguished envy in all his neighbour-princes , and kindled fear , and brought him to be above all possibility of control at home ; not only because his subjects fear his courage , but because they have his virtue in admiration , and amidst all their miseries cannot chuse but have something of rejoycing , to see how high he hath mounted the empire and honour of their nation . the next prop is the change of their ancient constitution , in the time of charles the seventh , by consent : for about that time the country being so wasted by the invasion and excursions of the english , the states then assembled petitioned the king that he would give them leave to go home , and dispose of affairs himself , and order the government for the future as he thought fit . upon this , his successor lewis the eleventh , being a crafty prince , took an occasion to call the states no more , but to supply them with an assemble des notables , which were certain men of his own nomination , like barbones parliament here , but that they were of better quality : these in succeeding reigns ( being the best men of the kingdom ) grew troublesome and intractable ; so that for some years the edicts have been verified ( that is in our language ) bills have been passed in the grand chamber of the parliament at paris , commonly called the chambre d' audience , who lately , and since the imprisonment of president brouselles and others during this king's minority , have never refused or scrupled any edicts whatsoever . now whenever this great king dies , and the states of the kingdom are restored , these two great props of arbitrary power are taken away . besides these two , the constitution of the government of france itself , is somwhat better fitted than ours to permit extraordinary power in the prince , for the whole people there possessing lands , are gentlemen ; that is , infinitely the greater part ; which was the reason why in their asembly of estates , the deputies of the provinces ( which we call here knights of the shire ) were chosen by , and out of the gentry , and sate with the peers in the same chamber , as representing the gentry onely , called petite noblesse . whereas our knights here ( whatever their blood is ) are chosen by commoners , and are commoners ; our laws and government taking no notice of any nobility but the persons of the peers , whose sons are likewise commoners , even their eldest , whilest their father lives : now gentry are ever more tractable by a prince , than a wealthy and numerous commonalty ; out of which our gentry ( at least those we call so ) are raised from time to time : for whenever either a merchant , lawyer , tradesman , grasier , farmer , or any other , gets such an estate , as that he or his son can live upon his lands , without exercising of any other calling , he becomes a gentleman . i do not say , but that we have men very nobly descended amongst these , but they have no preheminence , or distinction , by the laws or government . besides this , the gentry in france are very needy , and very numerous ; the reason of which is , that the elder brother , in most parts of that kingdom , hath no more share in the division of the paternal estate , than the cadets or younger brothers , excepting the principal house , with the orchards and gardens about it , which they call vol de chappon , as who should say , as far as a capon can fly at once . this house gives him the title his father had , who was called seignior , or baron , or count of that place ; which if he sells , he parts with his baronship , and for ought i know becomes in time roturier , or ignoble . this practice divides the lands into so many small parcels , that the possessors of them being noble , and having little to maintain their nobility , are fain to seek their fortune , which they can find no where so well as at the court , and so become the king's servants and souldiers , for they are generally couragious , bold , and of a good meen . none of these can ever advance themselves , but by their desert , which makes them hazard themselves very desperately , by which means great numbers of them are kill'd , and the rest come in time to be great officers , and live splendidly upon the king's purse , who is likewise very liberal to them , and according to their respective merits , gives them often , in the beginning of a campagne , a considerable sum to furnish out their equipage . these are a great prop to the regal power , it being their interest to support it , lest their gain should cease , and they be reduced to be poor provinciaux , that is , country-gentlemen again : whereas , if they had such estates as our country-gentry have , they would desire to be at home at their ease , whilest these ( having ten times as much from the king as their own estate can yield them , which supply must fail , if the king's revenue were reduced ) are perpetually engaged to make good all exorbitances . doct. this is a kind of governing by property too , and it puts me in mind of a gentleman of good estate in our country , who took a tenants son of his to be his servant , whose father not long after dying , left him a living of about ten pound a year : the young man's friends came to him , and asked him why he would serve now he had an estate of his own able to maintain him : his answer was , that his own lands would yield him but a third part of what his service was worth to him in all ; besides , that he lived a pleasant life , wore good clothes , kept good company , and had the conversation of very pretty maids that were his fellow-servants , which made him very well digest the name of being a servant . eng. gent. this is the very case ; but yet service ( in both these cases ) is no inheritance ; and when there comes a peaceable king in france , who will let his neighbours be quiet , or one that is covetous , these fine gentlemen will lose their employments , and their king this prop ; and the rather , because these gentlemen do not depend ( as was said before ) in any kind upon the great lords ( whose standing interest is at court ) and so cannot in a change , be by them carried over to advance the court-designs against their own good and that of their country . and thus much is sufficient to be said concerning france . as for spain , i believe there is no country ( excepting sweden ) in christendom , where the property has remained so intirely the same it was at the beginning ; and the reason is , the great and strict care that is taken to hinder the lands from passing out of the old owners hands ; for except it be by marriages , no man can acquire another man's estate , nor can any grandee , or titulado , or any other hidalgo there , alienate or ingage his paternal or maternal estate , otherwise than for his life ; nor can alter tenures , or extinguish services , or dismember mannors : for to this the princes consent must be had , which he never gives , till the matter be debated in the consejo de camera , which is no iunta or secret consejo de guerras , but one wherein the great men of the kingdom intervene , and wherein the great matters concerning the preservation of the government are transacted , not relating to foreign provinces or governments , but to the kingdom of castile and leon , of which i only speak now . it is true , there have been one or two exceptions against this severe rule , since the great calamities of spain , and two great lordships have been sold , the marquisate del monastero , to an assent ista genoese , and another to sebastian cortiza a portuguese , of the same profession : but both these have bought the intire lordships , without curtailing or altering the condition in which these two great estates were before ; and notwithstanding , this hath caused so much repining amongst the natural godos ( as the castilians call themselves still for glory ) that i believe this will never be drawn into an example hereafter . now the property remaining the same , the government doth so too , and the king 's domestick government , over his natural spaniards , is very gentle , whatever it be in his conquer'd provinces ; and the kings there have very great advantages of keeping their great men ( by whom they govern ) in good temper , by reason of the great governments they have to bestow upon them , both in europe and the indies ; which changing every three years , go in an age through all the grandees , which are not very numerous . besides , castile having been in the time of king roderigo over-run and conquered by the moors , who governed there despotically , some hundreds of years , before it could be recovered again by the old inhabitants , who fled to the mountains ; when they were at length driven out , the count of castile found a tax set upon all commodities whatsoever , by the moors , in their reign , called alcaval , which was an easie matter to get continued ( when their old government was restored ) by the cortes , or states ; and so it has continued ever since , as the excise has done here , which being imposed by them who drove and kept out the king , does now since his happy restauration remain a revenue of the crown . this alcaval , or excise , is a very great revenue , and so prevented , for some time , the necessities of the crown , and made the prince have the less need of asking relief of his people , ( the ordinary cause of disgust , ) so that the cortes , or assembly of the states , has had little to do of late , though they are duly assembled every year , but seldom contradict what is desired by the prince ; for there are no greater idolaters of their monarch in the world than the castilians are , nor who drink deeper of the cup of loyalty : so that in short , the government in spain is as ours was in queen elizabeths time , or in the first year after his now majesties return , when the parliament for a time complimented the prince , who had by that means both his own power and the peoples : which days i hope to see again , upon a better and more lasting foundation . but before i leave spain , i must say a word of the kingdom of arragon , which has not at all times had so quiet a state of their monarchy as castile hath enjoyed ; for after many combustions which happened there , concerning their fueros and privilegios , which are their fundamental laws , the king one day coming to his seat in parliament , and making his demands , as was usual , they told him that they had a request to make to him first ; and he withdrawing thereupon , ( for he had no right of sitting there to hear their debates ) they fell into discourse how to make their government subsist against the encroachments of the prince upon them , and went very high in their debates , whch could not chuse but come to the king's ear , who walked in a gallery in the same palace to expect the issue ; and being in great passion , was seen to draw out his dagger , very often , and thrust it again into the sheath ; and heard to say , sangre ha de costar ; which coming to the knowledg of the estates , they left off the debate , and sent some of their number to him , to know what blood it should cost , and whether he meant to murder any body . he drew out his dagger again , and pointing it to his breast , he said , sangre de reys ; leaving them in doubt , whether he meant that his subjects would kill him , or that he would do it himself . however , that parliament ended very peaceably , and a famous settlement was there and then made , by which a great person was to be chosen every parliament , who should be as it were an umpire between the king and his people , for the execution of the laws , and the preservation of their government , their fueros and privilegios , which are their courts of justice , and their charters . this officer was called . el iusticia d' arragon , and his duty was to call together the whole power of the kingdom , whenever any of the aforesaid rights were by open force violated or invaded , and to admonish the king , whenever he heard of any clandestine councils among them to that effect . it was likewise made treason , for any person of what quality soever , to refuse to repair upon due summons to any place where this iusticia should erect his standard , or to withdraw himself without leave , much more to betray him , or to revolt from him : besides , in this cortes , or parliament , the old oath which at the first foundation of their state was ordered to be taken by the king at his admittance , was again revived , and which is , in these words : nos que valemos tanto camo nos , y podemos mos , os eligimos nuestro rey , conque nos guardeys nuestros fueros y privilegios ; y si no , no. that is , we who are as good as you , and more powerful , do chuse you our king , upon condition that you preserve our rights and priviledges ; and if not , not . notwithstanding all this , philip the second , being both king of castile and arragon , picked a quarrel with the latter , by demanding his secretary antonio perez , who fled from the king's displeasure thither , being his own country ; and they refusing to deliver him ( it being expresly contrary to a law of arragon , that a subject of that kingdom should be against his will carried to be tryed elsewhere ) the king took that occasion to invade them with the forces of his kingdom of castile ( who had ever been rivals and enemies to the aragoneses ) and they to defend themselves under their iusticia , who did his part faithfully and couragiously ; but the castilians being old soldiers , and those of arragon but county-troops , the former prevailed , and so this kingdom in getting that of castile by a marriage ( but an age before ) lost its own liberty and government : for it is since made a province , and governed by a vice-roy from madrid , although they keep up the formality of their cortes still . doct. no man living that knew the hatred and hostility that ever was between the english and scots , could have imagined in the years , and , when our king was with great armies of english upon the frontiers of scotland , ready to invade that kingdom , that this nation would not have assisted to have brought them under ; but it proved otherwise . eng. gent. it may be they feared , that when scotland was reduced to slavery , and the province pacified , and forces kept up there , that such forces and greater might have been imployed here , to reduce us into the same condition ; an apprehension which at this time sticks with many of the common people , and helps to fill up the measure of our fears and distractions . but the visible reason why the english were not at that time very forward to oppress their neighbours , was the consideration , that they were to be invaded for refusing to receive from hence certain innovations in matters of religion , and the worship of god , which had not long before been introduced here ; and therefore the people of this kingdom were unwilling to perpetuate a mungrel church here , by imposing it upon them . but i do exceedingly admire , when i read our history , to see how zealous and eager our nobility and people here were anciently to assert the right of our crown to the kingdom of france ; whereas it is visible , that if we had kept france ( for we conquered it intirely and fully ) to this day , we must have run the fate of arragon , and been in time ruined and opprest by our own valour and good fortune ; a thing that was foreseen by the macedonians , when their king alexander had subdued all persia and the east ; who weighing how probable it was , that their prince having the possession of such great and flourishing kingdoms , should change his domicilium imperii , and inhabit in the centre of his dominions , and from thence govern macedon , by which means the grecians , who by their vertue and valour had conquered and subdued the barbarians , should in time ( even as an effect of their victories ) be opprest and tyrannized over by them : and this precautious foresight in the greeks ( as was fully believed in that age ) hastened the fatal catastrophe of that great prince . doct. well , i hope this consideration will fore-arm our parliaments , that they will not easily suffer their eyes to be dazled any more with the false glory of conquering france . noble ven. you need no great cautions against conquering france at this present , and i believe your parliaments need as little admonition against giving of money towards new wars or alliances , that fine wheedle having lately lost them enough already ; therefore , pray , let us suffer our friend to go on . eng. gent. i have no more to say of foreign monarchies , but only to tell you , that poland is both governed and possessed by some very great persons or potentates , called palatines , and under them by a very numerous gentry ; for the king is not onely elective , but so limited , that he has little or no power , but to command their armies in time of war ; which makes them often chuse foreigners of great fame for military exploits : and as for the commonalty or country-men , they are absolutely slaves or villains . this government is extreamly confused , by reason of the numerousness of the gentry , who do not always meet by way of representation as in other kingdoms , but sometimes for the choice of their king , and upon other great occasions , collectively , in the field , as the tribes did at rome ; which would make things much more turbulent if all this body of gentry did not wholly depend for their estates upon the favour of the palatines their lords , which makes them much more tractable . i have done with our neighbours beyond sea , and should not without your command have made so long a digression in this place , which should indeed have been treated of before we come to speak of england , but that you were pleased to divert me from it before : however , being placed near the portraicture of our own country , it serves better ( as contraria juxta se posita ) to illustrate it : but i will not make this deviation longer , by apologizing for it ; and shall therefore desire you to take notice , that as in england by degrees property came to shift from the few to the many , so the government is grown heavier and more uneasie both to prince and people , the complaints more in parliament , the laws more numerous , and much more tedious and prolix , to meet with the tricks and malice of men , which works in a loose government ; for there was no need to make acts verbose , when the great persons could presently force the execution of them : for the law of edward the first , for frequent parliaments , had no more words than a parliament shall be holden every year , whereas our act for a triennial parliament , in the time of king charles the first , contained several sheets of paper , to provide against a failer in the execution of that law ; which if the power had remained in the lords , would have been needless : for some of them , in case of intermission of assembling the parliament , would have made their complaint and address to the king , and have immediately removed the obstruction , which in those days had been the natural and easie way : but now that many of the lords ( like the bishops which the popes make at rome , in partibus infidelium ) are meerly grown titular , and purchased for nothing but to get their wives place , it cannot be wondred at if the king slight their addresses , and the court-parasites deride their honourable undertakings for the safety of their country . now the commons succeeding , as was said , in the property of the peers and church ( whose lands five parts of six have been alienated , and mostly is come into the same hands with those of the king and peers ) have inherited likewise , according to the course of nature , their power ; but being kept from it by the established government , which ( not being changed by any lawfull acts of state ) remains still in being formally , whereas virtually it is abolished ; so that for want of outward orders and provisions , the people are kept from the exercise of that power which is faln to them by the law of nature ; and those who cannot by that law pretend to the share they had , do yet enjoy it by vertue of that right which is now ceased , as having been but the natural effect of a cause that is no longer in being : and you know sublata causa , t●llitur . i cannot say that the greater part of the people do know this their condition , but they find very plainly that they want something which they ought to have ; and this makes them lay often the blame of their unsetledness upon wrong causes : but however , are altogether unquiet and restless in the intervals of parliament ; and when the king pleases to assemble one , spend all their time in complaints of the inexecution of the law , of the multiplication of an infinity of grievances , of mis-spending the publick monies , of the danger our religion is in by practices to undermine it and the state , by endeavours to bring in arbitrary power , and in questioning great officers of state , as the causers and promoters of all these abuses ; in so much , that every parliament seems a perfect state of war , wherein the commons are tugging and contending for their right , very justly and very honourably , yet without coming to a point : so that the court sends them packing , and governs still worse and worse in the vacancies , being necessitated thereunto by their despair of doing any good in parliament ; and therefore are forced to use horrid shifts to subsist without it , and to keep it off ; without ever considering , that if these counsellers understood their trade , they might bring the prince and people to such an agreement in parliament , as might repair the broken and shipwrack'd government of england ; and in this secure the peace , quiet and prosperity of the people , the greatness and happiness of the king , and be themselves not only out of present danger ( which no other course can exempt them from ) but be renowned to all posterity . noble ven. i beseech you , sir , how comes it to pass , that neither the king , nor any of his counsellors could ever come to find out the truth of what you discourse ? for i am fully convinced it is as you say . eng. gent. i cannot resolve you that , but this is certain , they have never endeavoured a cure , though possibly they might know the disease , as fearing that though the effects of a remedy would be , as was said , very advantagious both to king and people , and to themselves ; yet possibly , such a reformation might not consist with the merchandize they make of the princes favour , nor with such bribes , gratuities and fees as they usually take for the dispatch of all matters before them . and therefore our counsellors have been so far from suggesting any such thing to their master , that they have opposed and quashed all attempts of that kind , as they did the worthy proposals made by certain members of that parliament in the beginning of king iames's reign , which is yet called the undertaking parliament . these gentlemen considering what we have been discoursing of , viz. that our old government is at an end , had framed certain heads , which , if they had been proposed by that parliament to the king , and by him consented to , would , in their opinion , have healed the breach ; and that if the king would perform his part , that house of commons would undertake for the obedience of the people . they did believe that if this should have been moved in parliament before the king was acquainted with it , it would prove abortive : and therefore sent three of their number to his majesty : sir iames a croft , grandfather or father to the present bishop of hereford ; thomas harley , who was ancestor to the honourable family of that name is herefordshire ; and sir henry nevill , who had been ambassador from queen elizabeth to the french king. these were to open the matter at large to the king , and to procure his leave that it might be proposed in parliament : which , after a very long audience and debate , that wise prince consented to , with a promise of secresie in the mean time , which they humbly begged of his majesty . however , this took vent , and the earl of northampton ; of the house of howard , who ruled the rost in that time , having knowledg of it , engaged sir r. weston , afterwards lord treasurer and earl of portland , to impeach these undertakers in parliament before they could move their matters ; which he did the very same day , accompanying his charge ( which was endeavouring to alter the established government of england ) with so eloquent an invective , that if one of them had not risen , and made the house acquainted with the whole series of the affair , they must have been in danger of being impeached by the commons : but however it broke their designe , which was all that northampton and weston desired , and prevented posterity from knowing any of the particulars of this reformation ; for nothing being moved , nothing could remain upon the journal . so that you see our predecessors were not ignorant altogether of our condition , though the troubles which have befallen this poor kingdom since , have made it much more apparent : for since the determination of that parliament , there has not been one called , either in that king's reign , or his son 's , or since , that hath not been dissolved abruptly , whilst the main businesses , and those of most concern to the publick , were depending and undecided . and although there hath happened in this interim a bloody war , which in the close of it , changed the whole order and foundation of the polity of england , and that it hath pleased god to restore it again by his majesty's happy return , so that the old government is alive again ; yet it is very visible that its deadly wound is not healed , but that we are to this day tugging with the same difficulties , managing the same debates in parliament , and giving the same disgusts to the court , and hopes to the country , which our ancestors did before the year . whilst the king hath been forced to apply the same remedy of dissolution to his two first parliaments , that his father used to his four first , and king iames to his three last , contrary to his own visible interest , and that of his people ; and this for want of having counsellors about him of abilities and integrity enough to discover to him the disease of his government , and the remedy : which i hope , when we meet to morrow morning you will come prepared to enquire into ; for the doctor says , he will advise you to go take the air this afternoon in your coach. noble ven. i shall think it very long till the morning come : but before you go , pray give me leave to ask you something of your civil war here ; i do not mean the history of it ( although the world abroad is very much in the dark as to all your transactions of that time for want of a good one ) but the grounds or pretences of it , and how you fell into a war against your king. eng. gent. as for our history , it will not be forgotten ; one of those who was in employment from the year . to . hath written the history of those years , a person of good learning and elocution ; and though he be now dead , yet his executors are very unwilling to publish it so soon , and to rub a sore that is not yet healed . but the story is writ with great truth and impartiality , although the author were engaged both in councils and arms for the parliaments side . but for the rest of your demand , you may please to understand , that our parliament never did , as they pretended , make war against the king ; for he by law can do no wrong , and therefore cannot be quarrelled with : the war they declared was undertaken to rescue the king's person out of those mens hands who led him from his parliament , and made use of his name to levy a war against them . noble ven. but does your government permit , that in case of a disagreement between the king and his parliament , either of them may raise arms against the other ? eng. gent. it is impossible that any government can go further than to provide for its own safety and preservation whilst it is in being , and therefore it can never direct what shall be done when it self is at an end ; there being this difference between our bodies natural and politick , that the first can make a testament to dispose of things after his death , but not the other . this is certain , that where-ever any two co-ordinate powers do differ , and there be no power on earth to reconcile them otherwise , nor any umpire , they will , de facto , fall together by the ears . what can be done in this case de jure , look into your own country-man machiavell , and into grotius , who in his book de jure belliac pacis , treated of such matters long before our wars . as for the ancient politicians , they must needs be silent in the point , as having no mixt governments amongst them ; and as for me , i will not rest my self in so slippery a place . there are great disputes about it in the parliaments declarations before the war , and something considerable in the king's answers to them ; which i shall specifie immediately , when i have satisfied you how our war begun ; which was in this manner : the long parliament having procured from the king his royal assent for their sitting till they were dissolved by act , and having paid and sent out the scottish army , and disbanded our own , went on in their debates for the settling and mending our government : the king being displeased with them for it , and with himself for putting it out of his power to dissolve them , now the business which they pretended for their perpetuation was quite finished , takes an unfortunate resolution to accuse five principal men of the commons house , and one of the peers , of high-treason : which he prosecuted in a new unheard-of way , by coming with armed men into the commons house of parliament , to demand their members ; but nothing being done by reason of the absence of the five , and tumults of discontented citizens flocking to white-hall and westminster , the king took that occasion to absent himself from his parliament . which induced the commons house to send commissioners to hampton-court to attend his majesty with a remonstrance of the state of the kingdom , and an humble request to return to his parliament , for the redressing those grievances which were specified in that remonstrance . but the king , otherwise counselled , goes to windsor , and thence northwards , till he arrived at york ; where he summons in the militia , that is , the trained-bands of the county ; and besides , all the gentry , of which there was a numerous appearance . the king addressed himself to the latter with complaints against a prevailing party in parliament , which intended to take the crown from his head ; that he was come to them , his loving subjects , for protection ; and , in short , desired them to assist him with moneys to defend himself by arms. some of these gentlemen petitioned his majesty to return to his parliament , the rest went about the debate of the king's demands ; who , in the mean time , went to hull , to secure the magazine there , but was denied entrance by a gentleman whom the house had sent down to prevent the seizing it ; who was immediately declared a traytor , and the king fell to raising of forces : which coming to the knowledge of the house , they made this vote , that the king , seduced by evil counsel , intended to levy war against his parliament and people , to destroy the fundamental laws and liberties of england , and to introduce an arbitrary government , &c. this was the first time they named the king , and the last : for in all their other papers , and in their declaration to arm for their defence ( which did accompany this vote ) they name nothing but malignant counsellors . the kings answer to these votes and this declaration , is that which i mentioned ; wherein his majesty denies any intention of invading the government , with high imprecations upon himself and posterity if it were otherwise : and owns that they have right to maintain their laws and government . this is to be seen in the paper it self now extant ; and this gracious prince never pretended ( as some divines have done for him ) that his power came from god , and that his subjects could not dispute it , nor ought he to give any account of his actions ( though he should enslave us all ) to any but him . so that our war did not begin upon a point of right , but upon a matter of fact ; for without going to lawyers or casuists to be resolved , those of the people who believed that the king did intend to destroy our liberties , joyned with the parliament ; and those who were of opinion that the prevailing party in parliament did intend to destroy the king or dethrone him , assisted vigorously his majesty with their lives and fortunes . and the question you were pleased to ask never came ; for both parties pretended and believed they were in the right , and that they did fight for and defend the government : but i have wearied you out . noble ven. no sure ▪ sir , but i am infinitely obliged to you for the great care you have taken and still have used to instruct me , and beg the continuance of it for to morrow morning . eng. gent. i shall be sure to wait upon you at nine a clock , but i shall beseech both of you to bethink your selves what to offer , for i shall come with a design to learn , not to teach : nor will i presume in such a matter to talk all , as you have made me do to day ; for what i have yet to say in the point of cure , is so little , that it will look like the mouse to the mountain of this days discourse . doct. it is so in all arts , the corollary is short , and in ours particularly . those who write of the several diseases incident to humane bodies , must make long discourses of the causes , symptomes , signs and prognosticks of such distempers ; but when they come to treat of the cure , it is dispatched in a few recipes . eng. gent. well , sir , for this bout , i humbly take my leave of you ; nay , sir , you are not in a condition to use ceremony . doct. sir , i forbid you this door ; pray retire : to stand here , is worse than to be in the open air . noble ven. i obey you both . doct. i shall wait on you in the evening . the third day . noble ven. gentlemen , you are very welcome : what , you are come both together ! doct. i met this gentleman at the door : but methinks we sit looking one upon another , as if all of us were afraid to speak . eng. gent. do you think we have not reason , in such a subject as this is ? how can any man , without hesitation , presume to be so confident as to deliver his private opinion in a point , upon which , for almost year ( for so long our government has been crazy ) no man has ventured ; and when parliaments have done any thing towards it , there have been animosities and breaches , and at length civil wars ? noble ven. our work to day is , to endeavour to shew how all these troubles may be prevented for the future , by taking away the cause of them , which is the want of a good government ; and therefore it will not be so much presumption in you , as charity , to declare your self fully in this matter . eng. gent. the cure will follow naturally , if you are satisfied in the disease , and in the cause of the disease : for if you agree that our government is broken , and that it is broken because it was founded upon property , and that foundation is now shaken ; it will be obvious , that you must either bring property back to your old government , and give the king and lords their lands again , or else you must bring the government to the property as it now stands . doct. i am very well satisfied in your grounds ; but because this fundamental truth is little understood amongst our people , and that in all conversations men will be offering their opinions of what the parliament ought to do at their meeting , it will not be amiss to examine some of those expedients they propose , and to see whether some or all of them may not be effectual towards the bringing us to some degree of settlement , rather than to venture upon so great a change and alteration as would be necessary to model our government anew . eng. gent. sir , i believe there can be no expedients proposed in parliament that will not take up as much time and trouble , find as much difficulty in passing with the king and lords , and seem as great a change of government , as the true remedy would appear , at least i speak as to what i have to propose ; but however , i approve your method , and if you will please to propose any of those things , i shall either willingly embrace them , or endeavour to shew reason why they will be of little fruit in the settling our state. doct. i will reduce them to two heads ( besides the making good laws for keeping out arbitrary power , which is always understood : ) the hindering the growth of popery , and consequently the providing against a popish successor ; and then the declaring the duke of monmouth's right to the crown , after it hath been examined and agreed to in parliament . eng. gent. as for the making new laws , i hold it absolutely needless , those we have already against arbitrary power being abundantly sufficient , if they might be executed ; but that being impossible ( as i shall shew hereafter ) till some change shall be made , i shall postpone this point : and for the first of your other two , i shall divide and separate the consideration of the growth of popery from that of the succession . i am sorry that in the prosecution of this argument , i shall be forced to say something that may not be very pleasing to this worthy gentleman , we being necessitated to discourse with prejudice of that religion which he professes ; but it shall be with as little ill breeding as i can , and altogether without passion or invectives . noble ven. it would be very hard for me to suspect any thing from you that should be disobliging ; but pray , sir , go on to your political discourse , for i am not so ignorant my self , but to know that the conservation of the national religion ( be it what it will ) is assential to the well ordering a state : and though in our city the doctrinals are very different from what are professed here , yet as to the government of the state , i believe you know that the pope or his priests have as little influence upon it , as your clergy have here , or in any part of the world. eng. gent. i avow it fully , sir , and with the favour you give will proceed . it cannot be denyed but that in former times popery has been very innocent here to the government , and that the clergy and the pope were so far from opposing our liberties , that they both sided with the barons to get a declaration of them by means of magna charta : it is true also , that if we were all papists , and that our state were the same , both as to property and empire , as it was years ago , there would be but one inconvenience to have that religion national again in england , which is , that the clergy , quatenus such , had and will have a share in the soveraignty , and inferiour courts in their own power , called ecclesiastical ; this is , and ever will be a solecism in government , besides a manifest contradiction to the words of christ our saviour , who tells us , his kingdom is not of this world : and the truth is , if you look into the scriptures , you will find , that the apostles did not reckon that the religion they planted should be national in any country , and therefore have given no precepts to the magistrate to meddle in matters of faith and the worship of god ; but preach'd , that christians should yield them obedience in all lawfull things . there are many passages in holy writ which plainly declare , that the true believers and saints should be but a handful , and such as god had separated , and as it were taken out of the world ; which would not have been said by them , if they had believed that whole nations and people should have been true followers of christ , and of his flock : for certainly none of them are to be damn'd , and yet christ himself tells us , that few are saved , and bids us strive to get in at the strait gate ; and therefore i conceive it not to be imaginable , that either christ or his apostles did ever account that the true religion should be planted in the world by the framing of laws , catechisms , or creeds , by the soveraign powers and magistrates , whether you call them spiritual or temporal , but that it should have a progress suitable to its beginning : for it is visible that it had its original from the power and spirit of god , and came in against the stream , not onely without a numa pompilius , or a mahomet , to plant and establish it by humane constitutions and authority , but had all the laws of the world to oppose it , and all the bloudy tyrants of that age to persecute it , and to inflict exquisite torments on the professors of it , in nero's time ( which was very early ) the christians were offered a temple in rome , and in what other cities they pleased , to be built to jesus christ , and that the romans should receive him into the number of their gods ; but our religion being then in its purity , this was unanimously refused , for that such a god must have no companions , nor needed no temples , but must be worshipped in spirit and truth . the successors to these good christians were not so scrupulous ; for within some ages after , the priests to get riches and power , and the emperors to get and keep the empire ( for by this time the christians were grown numerous and powerful ) combined together to spoil our holy religion , to make it fit for the government of this world , & to introduce into it all the ceremonious follies and superstitions of the heathen ; and which is worse , the power of priests , both over the persons and consciences of men. i shall say no more of this , but refer you to innumerable authors who have treated of this subject , particularly to a french minister , who hath written a book , entituled , la religion catholique apostolique romaine instituee par nume pompile ; and to the incomparable machiavel in his posthume letter , printed lately in our language , with the translation of his works . but i have made a long digression ; and to come back again , shall onely desire you to take notice , when i say that anciently popery was no inconvenience in this kingdom , i mean onely politically , as the government then stood , and do not speak at all of the prejudice which mens souls did and will ever receive from the belief of those impious tenents , and the want of having the true gospel of jesus christ preached unto them , but living in perpetual superstition and idolatry : the consideration of these matters is not so proper to my present purpose , being to discourse onely of government . notwithstanding therefore , as i said before , that popery might have suited well enough with our old constitution , yet as to the present estate , which inclines to popularity , it would be wholly as inconsistent with it , and with the power of the keys , and the empire of priests ( especially where there is a forreign jurisdiction in the case ) as with the tyranny and arbitrary power of any prince in the world. i will add thus much in confirmation of the doctor 's assertion , that we ought to prevent the growth of popery , since it is now grown a dangerous faction here against the state. noble ven. how can that be , i beseech you , sir ? eng. gent. sir , i will make you judg of it your self ; i will say nothing of those foolish writings that have been put forth by mariana , emanuel sa , and some others , about the lawfulness of destroying princes and states in case of heresie , because i know all the conscientious and honest papists ( of which i know there are great numbers in the world ) do not only not hold , but even abhor such cursed tenents ; and do believe , that when the pope , by excommunication hath cut off any prince from the communion of the church , can go no further , nor ought to pretend a power to deprive him of his crown , or absolve his subjects from their oaths and obedience : but i shall confine my self to the present condition of our papists here . you know how dangerous it is for any kingdom or state to have a considerable , wealthy , flourishing party amongst them , whose interest it is to destroy the polity and government of the country where they live ; and therefore if our papists prove this party , you will not wonder why this people are so eager to depress them . this is our case : for in the beginning of queen elizabeths reign , there was an alteration of religion in our country , which did sufficiently enrage the holy father at rome , to see that this good cow would be milked no longer . he declares her an heretick and a bastard , ( his sanctity not having declared null that incestuous marriage which her father had contracted before with his brothers wife , and which that king had dissolved to marry her mother ) and afterwards excommunicated our queen , depriving her , as much as in him lay , of the kingdom ; some of the zealots of that party ( having a greater terrour for those thunder-bolts than i believe many have now ) began to conspire against her ; and plots grew at length so frequent , and so dangerous , that it was necessary ( as the parliaments then thought ) to secure the queen , by making severe laws against a people , who did not believe themselves her majesties subjects ; but on the contrary , many of them thought themselves in conscience obliged to oppose and destroy her : and although that excommunication , as also the pretended doubtfulness of the title ▪ both died with that renowned queen , yet a new desperate conspiracy against the king her successor and the whole parliament ensuing , not long after her decease , those rigorous laws have been so far from being repealed , that very many more , and far severer , have been since made , and are yet in force . now these laws make so great a distinction between protestants and papists , that whereas the former are by our government and laws , the freest people in the world , the latter are little better than slaves , are confined to such a distance from their houses , are not to come near the court , which being kept in the capital city , mostly deprives them from attending their necessary occasions ; they are to pay two third parts of their estates annually to the king , their priests are to suffer as traitors , and they as felons for harbouring them ; in fine , one of us , if he do not break the municipal laws for the good government of the country , need not fear the king's power , whereas their being what they are , is a breach of the law , and does put them into the princes hands to ruine them when he pleases ; nay , he is bound by oath to do it , and when he does it not , is complained against by his people , and parliaments take it amiss . now judge you , sir , whether it is not the interest of these people to desire and endeavour a change , whilest they remain under these discouragements , and whether they are not like to joyn with the prince ( whose connivance at the inexecution of those laws is the onely means and hope of their preservation ) whenever he shall undertake any thing for the increase of his own power , and the depressing his parliaments . noble ven. what you say is very undeniable , but then the remedy is very easie and obvious , as well as very just and honourable , which is the taking away those cruel laws , and if that were done they would be one people with you , and would have no necessity , and by consequence no desire to engreaten the king against the interest and liberty of their own country . eng. gent. you speak very well , and one of the reasons amongst many which i have , to desire a composure of all our troubles by a setled government , is , that i may see these people ( who are very considerable , most of them , for estates , birth and breeding ) live quietly under our good laws , and increase our trade and wealth with their expences here at home ; whereas now the severity of our laws against them , makes them spend their revenues abroad , and inrich other nations with the stock of england ; but as long as the state here is so unsetled as it is , our parliaments will never consent to countenance a party , who by the least favour and indulgence may make themselves able to bring in their own religion to be national , and so ruine our polity and liberties . noble ven. i wonder why you should think that possible ? eng. gent. first , sir , for the reason we first gave , which is the craziness of our polity , there being nothing more certain , than that both in the natural and also the politick body any sinister accident that intervenes , during a very diseased habit , may bring a dangerous alteration to the patient . an insurrection in a decayed government , a thing otherwise very inconsiderable , has proved very fatal , as i knew a slight flesh-wound bring a lusty man to his grave in our wars , for that he being extreamly infected with the french disease , could never procure the orifice to close ; so although the designs both at home and abroad , for altering our religion , would be very little formidable to a well-founded government , yet in such an one as we have now , it will require all our care to obviate such machinations . another reason is the little zeal that is left amongst the ordinary protestants , which zeal uses to be a great instrument of preserving the religion establish'd , as it did here in queen elizabeths time ; i will add the little credit the church of england hath amongst the people , most men being almost as angry with that popery which is left amongst us ( in surplices , copes , altars , cringings , bishops , ecclesiastical courts , and the whole hierarchy , besides an infinite number of useless , idle , superstitious ceremonies , and the ignorance and vitiousness of the clergy in general ) as they are with those dogma's that are abolished ; so that there is no hopes that popery can be kept out , but by a company of poor people called fanaticks , who are driven into corners as the first christians were ; and who only in truth conserve the purity of christian religion , as it was planted by christ and his apostles , and is contained in scripture . and this makes almost all sober men believe , that the national clergy , besides all other good qualities have this too , that they cannot hope to make their hierarchy subsist long against the scriptures , the hatred of mankind , and the interest of this people , but by introducing the roman religion , and getting a foreign head and supporter , which shall from time to time brave and hector the king and paliament in their favour and behalf , which yet would be of little advantage to them , if we had as firm and wise a government as you have at venice . another reason , and the greatest , why the romish religion ought to be very warily provided against at this time , is , that the lawful and undoubted heir to the crown , if his majesty should die without legitimate issue , is more than suspected to imbrace that faith ; which ( if it should please god to call the king , before there be any remedy applied to our distracted state ) would give a great opportunity ( by the power he would have in intervals of parliament ) either to introduce immediately that profession , with the help of our clergy , and other english and foreign aids , or else to make so fair a way for it , that a little time would perfect the work ; ●nd this is the more formidable , for that ●a very zealous and bigot 〈…〉 and therefore may be supposed to act any thing to that end , although it should manifestly appear to be contrary to his own interest and quiet ; so apt are those who give up their faith and the conduct of their lives to priests ( who to get to themselves empire , promise them the highest seats in heaven ; if they will sacrifice their lives , fortunes , and hopes , for the exaltation of their holy mother , and preventing the damnation of an innumerable company of souls which are not yet born ) to be led away with such erroneous and wild fancies . whereas philip the second of spain , the house of guise in france , and other great statesmen , have always made their own greatness their first aim , and used their zeal as an instrument of that ; and instead of being cozen'd by priests , have cheated them , and made them endeavour to preach them up to the empire of the world. so i have done with the growth of popery , and must conclude , that if that should be stopt in such manner , that there could not be one papist left in england , and yet our polity left in the same disorder that now afflicts it , we should not be one scruple the better for it , nor the more at quiet ; the growth and danger of popery not being the cause of our present distemper , but the effect of it : but as a good and setled government would not be at all the nearer for the destruction of popery , so popery and all the dangers and inconveniences of it would not only be further off , but would wholly vanish at the sight of such a reformation . and so we begin at the wrong end , when we begin with religion before we heal our breaches . i will borrow one similitude more , with our doctor 's favour , from his profession . i knew once a man given over by the physitians , of an incurable cachexia , which they said proceeded from the ill quality of the whole mass of blood , from great adustion , and from an ill habit of the whole body . the patient had very often painful fits of the chollick , which they said proceeded from the sharpness of the humour which caused the disease ; and , amongst the rest , had one fit which tormented him to that degree , that it was not expected he could out-live it ; yet the doctors delivered him from it in a small time : notwithstanding , soon after the man died of his first distemper . whereas if their art had arrived to have cured that ( which was the cause of the other ) the chollick had vanished of it self , and the patient recovered . i need make no application , nor shall need to say much of the succession of the crown ( which is my next province ) but this i have said already , that it is needless to make any provision against a popish successor if you rectifie your government ; and if you do not , all the care and circumspection you can use in that particular , will be useless and of none effect , and will but at last ( if it do not go off easily , and the next heir succeed peaceably , as is most likely , especially if the king live till the people's zeal and mettle is over ) end probably in a civil war about title ; and then the person deprived may come in with his sword in his hand , and bring in upon the point of it both the popish religion , and arbitrary power : which , though i believe he will not be able to maintain long ( for the reasons before alledged , ) yet that may make this generation miserable and unhappy . it will certainly be agreed by all lovers of their country , that popery must be kept from returning , and being national in this kingdom , as well for what concerns the honour and service of god , as the welfare and liberty of the people ; and i conceive there are two ways by which the parliament may endeavour to secure us against that danger ; the first by ordering such a change in the administration of our government , that whoever is prince , can never violate the laws , and then we may be very safe against popery ; our present laws being effectual enough to keep it out , and no new ones being like to be made in parliament that may introduce it ; and this remedy will be at the same time advantagious to us against the tyranny and incroachments of a protestant successor , so that we may call it an infallible remedy both against popery and arbitrary power . the second way is by making a law to disable any papist by name or otherwise , from inheriting the crown ; and this is certainly fallible , that is , may possibly not take place ( as i shall shew immediately ; ) and besides , it is not improbable that an heir to this kingdom in future times , may dissemble his religion , till he be seated in the throne ; or possibly be perverted to the roman faith after he is possest of it , when it may be too late to limit his prerogative in parliament ; and to oppose him without that , will i fear , be judged treason . doct. but sir , would you have the parliament do nothing , as things stand , to provide ( at least , as much as in them lies ) that whoever succeeds be a good protestant ? eng. gent. yes , i think it best in the first place to offer to his majesty the true remedy ; & if they find him averse to that , then to pursue the other which concerns the succession , because the people ( who are their principals , and give them their power ) do expect something extraordinary from them at this time ; and the most of them believe this last the only present means to save them from popery , which they judge ( and very justly ) will bring in with it a change of government . but then , i suppose , they may be encouraged to propose in the first place the true cure ; not only because that is infallible , as has been proved , but likewise because his majesty in probability will sooner consent to any reasonable demand towards the reforming of the government , and to the securing us that way , than to concur to the depriving his onely brother of the crown . and possibly this latter ( as i said before ) may be the only way the parliament can hope will prove effectual : for if you please to look but an age back into our story , you will find that henry the eighth did procure an act of parliament , which gave him power to dispose of the crown by his last will and testament ; and that he did accordingly make his said will , and by it devise the succession to his son edward the sixth , in the first place , and to the heirs of his body ; and for want of such , to his daughter mary , and to the heirs of her body ; and for want of which heirs , to his daughter elizabeth , our once soveraign of immortal and blessed memory , and the heirs of her body ; and for want of all such issue , to the right heirs of his younger sister , who was , before he made this will , married to charles brandon duke of suffolk , and had issue by him . by this testament he disinherited his elder sister , who was married in scotland ; and by that means did , as much as in him lay , exclude his majesty ( who now , by god's mercy , reigns over us ) as also his father and grandfather . and to make the case stronger , there passed an act long after , in the reign of queen elizabeth , that it should be treason during that queen's life , and a premunire afterwards , to assert that the imperial crown of england could not be disposed of by act of parliament : yet after the decease of that queen , there was no considerable opposition made to the peaceable reception and recognition of king iames of happy memory . and those who did make a little stir about the other title , as the lord cobham , sir walter rawleigh , and a few others , were apprehended & condemn'd according to law. and , notwithstanding that , since , in the reign of k. charles the first , there was a bloody civil war , in which men's minds were exasperated at a high rate ; yet in all the course of it , the original want of title was never objected against his late majesty . i do not urge this to aver that the parliament , with the king's consent , cannot do lawfully this , or any other great matter ; which would be an incurring the penalty of that law , and a solecism in the politicks : but to shew , that when the passions of men are quieted , and the reasons other than they were , it happens oftentimes that those acts which concern the succession fall to the ground of themselves , and that even without the sword , which in this case was never adoperated . and that therefore this remedy in our case may be likely never to take place , if it please god the king live till this nation be under other kind of circumstances . doct. sir , you say very well : but it seems to me , that the last parliament was in some kind of fault , if this be true that you say ; for i remember that my lord chancellor did once , during their sitting , in his majesty's name offer them to secure their religion and liberties any way they could advise of , so they would let alone meddling with the succession , and invited them to make any proposals they thought necessary to that end . eng. gent. hinc ille lachrimae . if this had been all , we might have been happy at this time ; but this gracious offer was in limine , accompanied with such conditions that made the parliament conjecture that it was only to perplex and divide them ; and did look upon it as an invention of some new romanza , ( counsellors and those too , possibly , influenced by the french ) to make them embrace the shaddow for the substance , and satisfying themselves with this appearance , to do their ordinary work of giving money , and be gone , and leave the business of the kingdom as they found it . for it was proposed , that whatsoever security we were to receive , should be both conditional and reversionable : that is , first , we should not be put into possession of this new charter ( be it what it will ) till after the death of his majesty who now is ; whereas such a provision is desirable , and indeed necessary for us for this only reason , that when that unfortunate hour comes , we might not be , in that confusion , unprovided of a calm , setled and orderly , as well as a legal way to keep out popery . whereas otherwise , if we be to take possession in that minute , it must either miscarry , or be gotten by a war , if it be true that possession be nine points of the law in other cases , it is in this the whole ten : and i should be very unwilling , in such a distraction , to have no sanctuary to fly to , but a piece of parchment kept in the pells ; and to have this too , as well as other advantages , in the power and possession of him in whose prejudice it was made : this had been almost as good an expedient to keep out popery , as the bill which was thrown out that parliament ; which provided , that in the reign of a king that should be a papist , the bishops should chuse one another upon vacancies . those counsellors who put my lord chancellor upon this proposal , were either very slender politicians themselves , or else thought the parliament so . if magna charta and the petition of right had not been to take place till after the decease of those princes who confirmed them , neither had the barons shed their blood to so good purpose , nor the members of the parliament in tertio caroli , deserved so glorious an imprisonment after it was ended . the other condition in this renowned proposal is , that all provision and security which is given us to preserve our religion , shall cease immediately , whenever the prince shall take a certain oath to be penned for that purpose ; and i leave it to all thinking men to determine what that will avail us , when we shall have a king of that profession over us , who shall not have so much zeal for his religion , as he who is now the next successor hath ; but shall possibly prefer his ambition , and his desire to get out of wardship , before the scruples of his confessor ; and yet may afterwards , by getting absolution for , and dispensation from such oaths and compliance , employ the power he gets himself , and the security he deprives us of , to introduce violently what worship and faith he pleases . this gracious offer had the fatality to disguist one of the best parliaments that ever sate , and the most loyal ; so that laying it aside , they fell upon the succession , the only thing they had then left , and were soon after dissolved , leaving the kingdom in a more distracted condition than they found it ; and this can no way be composed , but by mending the polity , so that whoever is king cannot ( be he never so inclined to it ) introduce popery , or destroy whatever religion shall be established : as you see in the example of the dutchy of hanover , whose prince some fourteen years since , was perverted to the roman church , went to rome to abjure heresie ( as they call the truth ) return'd home , where he lived and governed as he did before , without the least animosity of his subjects for his change , or any endeavour of his to introduce any in his government or people , and dying this last spring , left the peaceable and undisturbed rule of his subjects to the next successor , his brother the bishop of osnaburg , who is a protestant , and this because the polity of that dukedom has been conserved entire for many years , and is upon a right basis : and if our case were so , we should not onely be out of danger to have our religion altered ( as i said before ) whoever is king , but should in other things be in a happy and flourishing condition . but i have made a long and tedious digression to answer your demands : now 't is time you assist me to find the natural cure of all our mischiefs . doct. stay , sir , i confess my self to be wonderfully edified with your discourse hitherto , but you have said nothing yet of the duke of monmouth . eng. gent. i do not think you desire it , though you were pleased to mention such a thing , for i suppose you cannot think it possible , that this parliament ( which is now speedily to meet by his majesties gracious proclamation ) can ever suffer such a thing to be so much as debated amongst them . doct. sir , you have no reason to take that for granted , when you see what books are printed , what great and honourable persons frequent him in private , and countenance him in publick ; what shoals of the middle sort of people have in his progress this summer met him before he came into any great town , and what acclamations and bon-fires have been made in places where he lodged . eng. gent. these things , i must confess , shew how great a distemper the people are in , and the great reason we have to pray god of his mercy to put an end to it by a happy agreement in parliament . but certainly this proceeds only from the hatred they have to the next successour and his religion , and from the compassion they have to the duke of monmouth ( who as they suppose , hath suffered banishment and dis-favour at court , at his instance ) and not from any hopes of expectations that the parliament will countenance any pretence that can be made in his behalf to the succession . doct. it may be when we have discoursed of it , i shall be of your mind , ( as indeed i am enclined already ) but yet nothing in war is more dangerous than to contemn an enemy ; so in this argumentation that we use to secure our liberties , we must leave nothing unanswered that may stand in the way of that , especially the duke of monmouth's claim , which is pretended to confirm and fortifie them , for ( say some men ) if you set him up , he will presently pass all bills that shall concern the safety and interest of the people ; and so we shall be at rest for ever . eng. gent. well , i see i must be more tedious than i intended ; first then , the reasoning of these men you speak of , does in my apprehension , suppose a thing i cannot mention without horrour , which is , that this person should be admitted immediately to the possession of the crown to do all these fine matters ; for otherwise , if he must stay till the death of our soveraign who now reigns ( which i hope and pray will be many years ) possibly these delicate bills may never pass , nor he find hereafter the people in so good a humour to admit him to the reversion , which if it could be obtain'd ( as i think it impossible politically ) yet the possession must be kept by a standing army , and the next successour cannot have a better game to play , nor a better adversary to deal with , than one who leaps in over the heads of almost all the protestant princes families abroad , besides some papist who are greater ; and when we have been harrassed with wars , and the miseries that accompany it some few years , you shall have all these fine people , who now run after him , very weary of their new prince : i would not say any thing to disparage a person so highly born , and of so early merit ; but this i may say , that if a lawful title should be set on foot in his favour , and a thousand dutch hosts , and such like , should swear a marriage , yet no sober man , that is not blinded with prejudice , will believe , that our king ( whom none can deny to have an excellent understanding ) would ever marry a woman so much his inferiour as this great persons mother was ; and this at a time when his affairs were very low , and he had no visible or rational hopes to be restored to the possession of his kingdoms but by an assistance which might have been afforded him by means of some great foreign alliance . well , but to leave all this , do these men pretend that the duke of monmouth shall be declared successour to the crown in parliament , with the king 's concurence or without it ; if without it , you must make a war for it , and i am sure that no cause can be stated upon such a point , that will not make the assertors and undertakers of it be condemned by all the politicians and moralists of the world , and by the casuis t s of all religions , and so by consequence , it is like to be a very unsuccesful war. if you would have this declar'd with the king's consent , either you suppose the royal assent to be given , when the king has his liberty either to grant it , or not grant it , to dissolve the parliament , or not dissolve it , without ruine or prejudice to his affairs : if in the first case , it is plain he will not grant it , because he cannot do it without confessing his marriage to that duke's mother , which he hath already declared against in a very solemn manner , and caused it to be registred in chancery ; and which not only no good subject can chuse but believe , but which cannot be doubted by any rational person ; for it would be a very unnatural , and indeed a thing unheard of , that a father who had a son in lawful matrimony , and who was grown to perfection , and had signalized himself in the wars , and who was ever intirely beloved by him , should disinherit him by so solemn an asseveration ( which must be a false one too ) to cause his brother to succeed in his room . and whereas it is pretended by some , that his majesties danger from his brothers counsels and designs may draw from him something of this ; beside that they do not much complement the king in this , it is clear , his brother is not so popular , but that he may secure him when he pleases , without hazard , if there were any ground for such an apprehension . but we must in the next place suppose that the king's affairs were in such a posture , that he could deny the parliament nothing without very great mischief , and inconvenience to himself and the kingdom ; then i say , i doubt not , but the wisdom of the parliament will find out divers demands and requests to make to his majesty of greater benefit , and more necessary for the good of his people than this would be ; which draws after it not only a present unsetledness , but the probable hazard of misery and devastation for many years to come , as has been proved . so that as on the one side the parliament could not make a more unjustfiable war than upon this account , so they could not be dissolved upon any occasion wherein the people would not shew less discontent and resentment , and for which the courtiers would not hope to have a better pretext to strive in the next choice to make their arts and endeavours more successful in the election of members more suitable to their designs for the continuance of this present mis-government ; for if this parliament do mis-spend the peoples mettle , which is now up , in driving that nail which cannot go , they must look to have it cool , and so the ship of this commonwealth , which if they please may be now in a fair way of entering into a safe harbour , will be driven to sea again in a storm , and must hope for , and expect another favourable wind to save them ; and god knows when that may come . doct. but sir , there are others , who not minding whether the parliament will consider the duke of monmouths concern , so far as to debate it , do yet pretend , that there is great reason to keep up the peoples affections to him ; and possibly to foment the opinion they have of his title to the crown , to the end , that if the king should die re infectà , that is , before such time as the government is redrest , or the duke of york disabled by law to succeed , the people might have an head , under whose command and conduct they might stand upon their guard , till they had some way secured their government and religion . eng. gent. what you have started is not a thing that can safely be discoursed of , nor is it much material to our design , which is intended to speculate upon our government , and to shew how it is decayed : i have industriously avoided the argument of rebellion , as i find it coucht in modern polititians , because most princes hold , that all civil wars in mixt monarchies must be so , and a polititian , as well as an oratour , ought to be vir bonus , so ought to discourse nothing , how rational soever , in these points under a peaceable monarchy , which gives him protection , but what he would speak of his prince if all his councel were present . i will tell you only , that these authors hold , that nothing can be alledged to excuse the taking arms by any people in opposition to their prince from being crimen lesae majestatis , but a claim to a lawful jurisdiction , or co-ordination in the government , by which they may judg of , and defend their own rights , and so pretend to fight for , and defend the government ; for though all do acknowledg , that populi salus is , and ought to be the most supreme , or soveraign law in the world ; yet if we should make private persons , how numerous soever , judg of populi salus , we should have all the risings and rebellions that should ever be made , justified by that title , as happened in france , when la guerre du bien publique took that name , which was raised by the insatiable ambition of a few noble men , and by correspondency and confederacy with charles , son of the duke of burgundy , and other enemies to that crown . doct. but would you have our people do nothing then , if the king should be assassinated , or die of a natural death ? eng. gent. you ask me a very fine question , doctor : if i say , i would have the people stir in that case , then the king , and his laws take hold of me ; and if i should answer , that i would have them be quiet , the people would tear me in pieces for a iesuit , or at least , believe that i had no sense of the riligion , laws , and liberty of my countrey . de facto , i do suppose , that if the people do continue long in this heat which now possesseth them , and remain in such a passion at the time of the kings death without setling matters , they may probably fall into tumults and civil war , which makes it infinitely to be desired , and prayed for by all good english men , that during the quiet and peace we injoy , by the blessing of his majesties life and happy reign , we might likewise be so wise and fortunate , as to provide for the safety and prosperity of the next generation . doct. but if you would not have the people in such a case , take the duke of monmouth for their head , what would you have them do ? eng. gent. doctor , you ask me very fine questions ; do not you know that machivel , the best and most honest of all the modern polititians , has suffered sufficiently by means of priests , and other ignorant persons , who do not understand his writings , and therefore impute to him the teaching subjects how they should rebel and conspire against their princes , which if he were in any kind guilty of , he would deserve all the reproaches that have been cast upon him , and ten times more ; and so should i , if i ventured to obey you in this . i am very confident , that if any man should come to you , to implore your skill in helping him to a drug that might quickly , and with the least fear of being suspected , dispatch an enemy of his , or some other , by whose death he was to be a gainer ; or some young lass that had gotten a surruptitious great belly , should come to you to teach her how to destroy the fruit ; i say , in this case you would scarce have had patience to hear these persons out ; much less would you have been so wicked to have in the least assisted them in their designs , no more than solon , lycurgus , periander , or any other of the sages could have been brought to have given their advice to any persons who should have begged it , to enable them to ruine and undermine the government of their own commonwealths . doct. sir , this reprehension would be very justly given me , if i had intended by this question to induce you to counsel me , or any other how to rebel ; my meaning was to desire you ( who have heretofore been very fortunate in prophesying concerning the events of our changes here ) to exercise your faculty a little at this time , and tell us , what is like to be the end of these destractions we are under , in case we shall not be so happy as to put a period to them by mending our government , and securing our religion and liberty in a regular way . eng. gent. doctor , i will keep the reputation of prophecy , which i have gained with you , and not hazard it with any new predictions , for fear they should miscarry ; yet i care not , if i gratifie your curiosity a little in the point , about which you first began to interrogate me , by presaging to you , that in case we should have troubles , and combustions here , after his majesties decease ( which god avert ) we must expect a very unsuccesful end of them , if we should be so rash and unadvised , as to make the great person we have been lately speaking of , our head ; and that nothing can be more dangerous and pernitious to us than such a choice . i have not in this discourse the least intention to except against , much less to disparage the personal worth of the duke of monmouth , which the world knows to be very great , but do believe that he hath courage and conduct proportionable to any imployment that can be conferred upon him , whether it be to manage arms , or counsels ; but my opinion is , that no person in his circumstance can be a proper head in this case ; for the people having been already put on upon his scent of the title to the crown , will be very hardly called off , and so will force the wiser men , who may design better things , to consent that he be proclaimed king immediately , except there be some other head , who by his power , wisdom , and authority , may restrain the forwardness of the multitude , and obviate the acts of some men , whose interest and hopes may prompt them to foment the humours of the people . now the consequences of hurrying a man to the throne so tumultuously , without the least deliberation , are very dismal ; and do not only not cure the politick distempers of our countrey , which we have talked so much of , but do infinitely augment it , and add to the desease our state labours under already ( which is a consumption ) a very violent feaver too ; i mean war at home , and from abroad , which must necessarily follow in a few years : nor is it possible to go back , when once we have made that step ; for our new king will call a parliament , which being summoned by his will , neither will nor can question his title or government , otherwise than by making addresses , and by presenting bills to him , as they do to his now majesty . nob. ven. it seems to me , that there needs nothing more than that ; for if he consent to all laws as shall be presented to him , you may reform your government sufficiently , or else it is your own fault . eng. gent. we have shewed already , and shall do more hereafter , that no laws can be executed till our government be mended ; and if you mean we should make such as should mend that ( besides that it would be a better method to capitulate that , before you make choice of your prince , as wise people have done in all ages , and the cardinals do at rome in the conclave before they choose their pope ) i say besides this , it is not to be taken for granted that any bills that tend to make considerable alterations in the administration , ( and such we have need of , as you will see anon ) would either in that case be offered or consented to ; both prince and people being so ready to cry out upon forty-one , and to be frighted with the name of a common-wealth , even now when we think popery is at the door ; which some people then will think farther off , and so not care to make so great alterations to keep it out ; besides the great men and favourites of the new prince will think it hard that their king should be so bounded and limited both in power and revenue , that he shall have no means to exercise his liberality towards them , and so may use their interest and eloquence in both houses to dissuade them from pressing so hard upon a prince who is a true zealous protestant , and has alwaies headed that party and who is justly admired , if not adored by the people ; and considering too that all the power they leave him , will serve but to enable him to defend us the better from popery and arbitrary power ; for which latter monarchy was first instituted . thus we may exercise during a parliament or two , love-tricks between the prince and his people , and imitate the hony-moon that continued for about two years after his majesties restauration till the ill management of affairs and the new grevances that shall arise ( which will be sure never to fail till our true cure be effected , notwithstanding the care of the new king and his councellors ) shall awaken the discontents of the people , and then they will curse the time in which they made this election of a prince , and the great men for not hindring them . then men will be reckoning up the discontents of the peers , sometime after they had made a rash choice of h. the th in the field , who ( had then no title ) when they saw how he made use of the power they gave him to lessen their greatness , and to fortifie himself upon their ruins ; when it comes to this , and that the governing party comes to be but a little faction , the people ( who never know the true cause of their distemper ) will be looking out abroad who has the lawful title ( if the next heir be not in the meantime with an army of english and strangers in the field here , as is most likely ) and look upon the prince of orange , or the next of kin , as their future saviour ( in case the duke be dead in the mean time , and so the cause of all their distrust taken away ) thus most men , not only discontented persons , but the people in general , lookt upon his majesty that now is , as their future deliverer during our late distractions , when his condition was so weak that he had scarce wherewithall to subsist , and his enemies powerful at home and victorious abroad , which will not be i fear , our case . i prophesy then ( because you will have me use this word ) that if nobles or people make any such unfortunate choice as this during the distractions we may be in upon his majesties death , we shall not only miss our cure , or have it deferred till another government make it ; but remain in the confusion we now suffer under ; and besides , that shall be sure to feel , first or last , the calamity of a civil and foreign war , and in the mean time to be in perpetual fear of it , and suffer all the burden and charge which is necessary to provide for it , besides all the other ill consequences of a standing army . to conclude , i assure you in the faith of a christian , that i have made this discourse solely and singly out of zeal and affection to the interest of my countrey , and not at all with the least intention to favour or promote the cause or interest of the d. of york , or to disparage the duke of monmouth , from whom i never received the least unkindness , nor ever had the honour to be in his company ; and to whom i shall ever pay respect suitable to his high birth and merit . noble ven. well , sir , your reasoning in this point has extreamly satisfied me ; and the doctor , i suppose , was so before , as he averred ; therefore pray let us go on where we left . eng. gent. i cannot take so much upon me as to be dictator in the method of our cure , since either of you is a thousand times better qualified for such an office , and therefore shall henceforth desire to be an auditor . doct. pray , sir , let us not spend time in compliments , but be pleased to proceed in this business , and we doubt not but as you have hitherto wonderfully delighted us , so you will gratifie us in concluding it . eng. gent. i see i must obey you , but pray help me , and tell me in the first place , whether you do not both believe , that as the causa causarum of all our distractions is ( as has been proved ) the breach of our government ; so that the immediate causes are two : first , the great distrust on both sides between the king and his people and parliament ; the first fearing that his power will be so lessened by degrees , that at length it will not be able to keep the crown upon his head : and the latter seeing all things in disorder , and that the laws are not executed ( which is the second of the two causes ) fear the king intends to change the government , and be arbitrary . noble ven. i am a stranger , but ( though i never reflected so much upon the original cause , as i have done since i heard you discourse of it ) yet i ever thought that those two were the causes of the unquietness of this kingdom : i mean the jealousie between the king and his people , and the inexecution of the great laws of calling parliaments annually , and letting them sit to dispatch their affairs : i understand this in the time of his majesties grand-father , and father , more than in his own reign . eng. gent. then whoever can absolutely lay these two causes asleep for ever , will arrive to a perfect cure ; which i conceive no way of doing , but that the king have a great deal more power or a great deal less : and you know that what goes out of the king must go into the people , and so vice versa : insomuch that the people must have a great deal more power , or a great deal less : now it is no question , but either of these two , would rather increase their power than diminish it ; so that if this cannot be made up by the wisdom of this age , we may see in the next , that both the king will endeavour to be altogether without a parliament , and the parliament to be without a king. doct. i begin to smell , that you would be nibbling at the pretence which some had before his majesties restauration , of a commonwealth or democracy . eng. gent. no , i abhor the thoughts of wishing , much less endeavouring any such thing , during these circumstances we are now in ; that is , under oaths of obedience to a lawful king. and truly if any themistocles should make to me such a proposal , i should give the same judgment concerning it , that aristides did in such a case . the story is short ; after the war between the greeks and the persians was ended , and xerxes driven out of greece , the whole fleet of the grecian confederates ( except that of athens which was gone home ) lay in a great arsenal ( such as were then in use ) upon the coast of attica ; during their abode there , themistocles harrangues one day the people of athens ( as was then the custome ) and tells them , that he had a design in his head , which would be of infinite profit and advantage to the commonwealth ; but that it could not be executed without the order and authority of them , and that it did likewise require secresie ; and if it were declared there in the market place , where strangers as well as citizens might be present , it could not be concealed , and therefore proposed it to their consideration what should be done in it : it was at length concluded that themistocles should propose it to aristides , and if he did next morning acquaint the people that he gave his approbation to it , it should be proceeded in : themistocles informs him that the whole fleet of their confederates in the war against the medes had betaken themselves to the great arsenal upon their coast , where they might be easily fired , and then the athenians would remain absolute masters of the sea , and so give law to all greece ; when aristides came the next day to deliver his judgment to the people , he told them that the business proposed by themistocles , was indeed very advantageous , and profitable to the athenians ; but withal , the most wicked and villanous attempt that ever was undertaken ; upon which it was wholly laid aside . and the same judgment do i give , doctor , of your democracy at this time . but to return to the place where i was , i do belive that this difference may easily be terminated very fairly , and that our house need not be pulled down , and a new one built ; but may be very easily repair'd , so that it may last many hundred years . noble ven. i begin to perceive that you aim at this , that the king must give the people more power , as henry the third , and king iohn did , or the parliament must give the king more , as you said they did in france in the time of lewis the eleventh ; or else that it will come in time to a war again . eng. gent. you may please to know , that in all times hitherto , the parliament never demanded any thing of the king , wherein the interest and government of the kingdom was concerned ( excepting acts of pardon ) but they founded their demands upon their right , not only because it might seem unreasonable for them to be earnest with him to give them that which was his own , but also because they cannot chuse but know , that all powers which are fundamentally and lawfully in the crown , were placed there upon the first institution of our government , to capacitate the prince to govern and protect his people : so that for the parliament to seek to take from him such authority , were to be felo de se , as we call a self-homicide ; but as in some distempers of the body the head suffers as well as the inferiour parts , so that it is not possible for it , to order , direct and provide for the whole body as its office requires , since the wisdom and power which is placed there , is given by god to that end ; in which case , though the distemper of the body may begin from the disease of some other part , or from the mass of blood or putrefaction of other humours ; yet since that noble part is so affected by it , that reason and discourse fails , therefore to restore this again , remedies must be apply'd to , and possibly humours or vapours drawn from the head it self , that so it may be able to govern and reign over the body as it did before , or else the whole man , like a slave , must be ruled and guided ab extrinseco , that is by some keeper : so it is now with us , in our politick disease , where granting ( if you please ) that the distemper does not proceed from the head , but the corruption of other parts , yet in the cure , applications must be made to the head as well as to the members , if we mean poor england shall recover its former perfect health ; and therefore it will be found , perhaps , essential to our being , to ask something ( in the condition we now are ) to which the king as yet may have a right ; and which except he please to part with , the phenomena of government cannot be salved ; that is , our laws cannot be executed ; nor magna charta it self made practicable ; and so both prince and people , that is , the polity of england , must die of this disease , or by this delirium must be governed , ab extrinseco , and fall to the lot of some foregin power . noble ven. but , sir , since the business is come to this dilemma , why may not the king ask more power of the parliament , as well as they of him ? eng. gent. no question but our present councellours and courtiers would be nibbling at that bait again , if they had another parliament that would take pensions for their votes ; but in one that is come fresh from the people , and understand their sense and grievances very well , i hardly believe they will attempt it ; for both council and parliament must needs know by this time-a-day , that the cause of all our distractions coming ( as has been said an hundred times ) from the king 's having a greater power already than the condition of property at this present can admit , without confusion and disorder ; it is not like to mend matters for them to give him more , except they will deliver up to him at the same instant their possessions , and right to their lands , and become naturally and politically his slaves . noble ven. since there must be a voluntary parting with power , i fear your cure will prove long and ineffectul , and we reconcilers shall , i fear , prove like our devout cappuchin at venice ; this poor mans name was fra. barnardino da udine , and was esteemed a very holy man , as well as an excellent preacher , insomuch that he was appointed to preach the lent sermons in one of our principal churches , which he performed at the begining with so much eloquence , and applause , that the church was daily crouded three hours before the sermon was to begin ; the esteem and veneration this poor fryar was in , elevated his spirit a little too high to be contained within the bounds of reason ; but before his delirium was perceived , he told his auditory one day , that the true devotion of that people , and the care they had to come to hear his word preached , had been so acceptable to god and to the virgine , that they had vouchsafed to inspire him with the knowledg of an expedient , which he did not doubt , but would make men happy & just even in this life , & that the flesh should no longer iust against the spirit ; but that he would not acquaint them with it at that present , because something was to be done on their parts to make them capable of this great blessing , which was to pray zealously for a happy success upon his endeavours , and to fast , and to visit the churches to that end ; therefore he desired them to come the wednesday following to be made acquainted with this blessed expedient . you may imagine how desirous our people were , to hear something more of this fifth-monarchy ; i will shorten my story , and tell you nothing of what crouding there was all night , and what quarrelling for places in the church ; nor with what difficulty the saffi , who were sent by the magistrate to keep the paece , and to make way for the preacher to get into the pulpit , did both ; but up he got , and after a long preamable of desiring more prayers , and addressing himself to our senate to mediate with the pope , that a week might be set apart for a jubilee and fasting three days all over the christian world , to storm heaven with masses , prayers , fasting and almes to prosper his designs ; he began to open the matter , that the cause of all the wickedness and sin , and by consequence of all the miseries and affliction which is in the world , arising from the enmity which is between god and the devil , by which means god was often cross'd in his intentions of good to mankind here , and hereafter , the devil by his temptations making us uncapable of the mercy and favour of our creator ; therefore he had a design ( with the helps before mentioned ) to mediate with almighty god , that he would pardon the devil , and receive him into his favour again after so long a time of banishment and imprisonment ; and not to take all his power from him , but to leave him so much as might do good to man , and not hurt ; which he doubted not but he would imploy that way , after such reconciliation was made , which his faith would not let him question . you may judge what the numerous auditory thought of this ; i can only tell you , that he had a different fort of company at his return , from what he had when he came , for the men left him to the boys , who with great hoops instead of acclamations , brought him to the gondola , which conveyed him to the redentor , where he lodged ; and i never had the curiosity to enquire what became of him after . doct. i thank you heartily for this intermess ; i see you have learnt something in england : for , i assure you , we have been these twenty years turning this , and all serious discourses into ridicule ; but yet your similitude is very pat ; for in every parliament that has been in england these sixty years , we have had notable contests between the seed of the serpent , and the seed of the woman . eng. gent. well sir , we have had a michael here in our age , who has driven out lucifer , and restored the true deity to his power : but where omnipotency is wanting ( which differs the frier's case and mine ) the devil of civil war and confusion may get up again , if he be not laid by prudence and vertue , and better conjurers than any we have yet at court. noble ven. well gentlemen , i hope you have pardoned me for my farce . but , to be a little more serious , pray tell me how you will induce the king to give up so much of his right as may serve your turn ? would you have the parliament make war with him again ? eng. gent. there cannot , nor ought to be , any change , but by his majesty's free consent ; for besides , that a war is to be abhorred by all men that love their country , any contest of that kind in this case ( viz. to take away the least part of the kings right ) could be justified by no man living . i say , besides that , a civil war has miscarried in our days , which was founded ( at least pretendedly ) upon defence of the people's own rights : in which , although they had as clear a victory in the end , as ever any contest upon earth had , yet could they never reap the least advantage in the world by it : but went from one tyranny to another , from barebones parliament , to cromwell's reign ; from that , to a committee of safety ; leaving those grave men , who managed affairs at the beginning , amazed to see new men , and new principles governing england . and this induced them to co-operate to bring things back just where they were before the war. therefore this remedy will be either none , or worse than the disease : it not being now as it was in the barons time , when the lord who led out his men , could bring them back again when he pleased , and rule them in the mean time , being his vassals . but now there is no man of so much credit , but that one who behaves himself bravely in the war , shall out-vye him ; and , possibly , be able to do what he pleases with the army and the government : and in this corrupt age , it is ten to one , he will rather do hurt than good with the power he acquires . but because you ask me how we would perswade the king to this ? i answer , by the parliament's humbly remonstrating to his majesty , that it is his own interest , preservation , quiet and true greatness , to put an end to the distractions of his subjects , and that it cannot be done any other way , and to desire him to enter into debate with some men authorized by them , to see if there can be any other means than what they shall offer to compose things ; if they find there may , then to embrace it , otherwise to insist upon their own proposals : and if in the end they cannot obtain those requests , which they think the only essential means to preserve their country , then to beg their dismission , that they may not stay , and be partakers in the ruin of it . now , my reasons why the king will please to grant this , after the thorough discussing of it , are two . first , because all great princes have ever made up matters with their subjects upon such contests , without coming to extremities . the two greatest , and most valiant of our princes , were edward the first , and his grandchild edward the third : these had very great demands made them by parliaments , and granted them all ; as you may see upon the statute-book . edward the second , and richard the second , on the contrary , refused all things till they were brought to extremity . there is a memorable example in the greek story of theopompus king of sparta ; whose subjects finding the government in disorder for want of some persons that might be a check upon the great power of the king , proposed to him the creation of the ephores ( officers who made that city so great and famous afterwards ) . the king finding by their reasons ( which were unanswerable , as i think ours now are ) , that the whole government of sparta was near its ruin , without such a cure ; and considering that he had more to lose in that disorder than others , freely granted their desires ; for which being derided by his wife , who asked him what a kind of monarchy he would leave to his son ? answered , a very good one , because it will be a very lasting one . which brings on my second reason , for which i believe the king will grant these things ; because he cannot any way mend himself , nor his condition , if he do not . noble ven. you have very fully convinced me of two things : first , that we have no reason to expect or believe that the parliament will ever increase the kings power : and then , that the king cannot by any way found himself a new , and more absolute monarchy , except he can alter the condition of property , which i think we may take for granted to be impossible . but yet , i know not why we may not suppose that ( although he cannot establish to all posterity such an empire ) he may , notwithstanding , change the government at the present ; and calling parliaments no more , administer it by force , as it is done in france , for some good time . eng. gent. in france it has been a long work ; and although that tyranny was begun , as has been said , by petition from the states themselves , not to be assembled any more ; yet the kings since , in time of great distraction , have thoughr fit to convocate them again ; as they did in the civil wars thrice : once at orleans , and twice at blois . i would not repeat what i have so tediously discoursed of concerning france already , but only to intreat you to remember that our nation has no such poor and numerous gentry , which draw better revenues from the king's purse , than they can from their own estates ; all our country people consisting of rich nobility and gentry , of wealthy yeomen , and of poor younger brothers who have little or nothing , and can never raise their companies , if they should get commissions , without their elder brothers assistance amongst his tenants , or else with the free consent and desire of the people , which , in this case , would hardly be afforded them . but we will suppose there be idle people enough to make an army , and that the king has money enough to arm and raise them : and i will grant too , to avoid tediousness ( although i do not think it possible ) that the people will at the first , for fear , receive them into their houses , and quarter them against law ; nay , pay the money which shall be by illegal edicts , imposed upon the subjects to pay them ; yet is it possible an army can continue any time to enslave their own country ? can they resist the prayers , or the curses of their fathers , brothers , wives , mothers , sisters , and of all persons wherever they frequent ? upon this account all the greek tyrants were of very short continuance ; who being in chief magistracy and credit in their commonwealths , by means of soldiers and satellites , usurped the soveraignty . but did ever any of them , excepting dionysius , leave it to his son ? who was driven out within less than a year after his fathers death . many armies of the natives have destroyed tyrannies : so the decemvirate was ruined at rome , the tarquins expelled before that : our own country has been a stage , even in our time , where this tragedy has been sufficiently acted ; for the army , after the war was done , fearing the monarchy should be restored again , held councils , got agitators ; and though there were often very severe executions upon the ring-leaders , did at length , by their perseverance , necessitate their officers to joyn with them ( having many good head-pieces of the party to advise them ) ; and so broke all treaties . and the parliament too , adhering to a small party of them who consented to lay aside kingly government , and afterwards drove them away too , fearing they would continue to govern in oligarchy . i am far from approving this way they used , in which they broke all laws , divine and humane , political and moral : but i urge it only to shew how easily an army of natives is to be deluded with the name of liberty , and brought to pull down any thing which their ring-leaders tell them tends to enslaving their country . 't is true , this army was afterwards cheated by their general ; who without their knowledge , much less consent , one morning , suddenly made himself tyrant of his country . it as true , that their reputation ( not their arms ) supported him in that state for some time ; but it is certain that they did very often , and to the last , refuse to be instrumental to levy moneys , though for their own pay : and so he , against his will , was fain to call from time to time parliamentary conventions . and it is most certain that he did , in the sickness of which he died , often complain that his army would not go a step farther with him : and , de facto , some months after his death , they did dethrone his son , and restore the remainder of the old parliament , upon promise made to them in secret ( by the demogogues of that assembly ) that a commonwealth should be speedily framed and setled . noble ven. sir , i am satisfied that an army raised here on a sudden , and which never saw an enemy , could not be brought to act such high things for the ruin of their own government ; nor possibly , would be any way able to resist the fury and insurrection of the people . but what say you of a forreign army , raised by your king abroad , and brought over , whose officers and soldiers shall have no acquaintance or relations amongst the people here ? eng. gent. all forces of that kind must be either auxiliaries or mercenaries : auxiliaries are such as are sent by some neighbour prince or state , with their own colours , and paid by themselves : though possibly , the prince who demands them may furnish the money . these usually return home again , when the occasion , for which they were demanded , is over : but whether they do or not , if they be not mixed and over-ballanced with forces which depend upon the prince who calls them , but that the whole weight and power lies in them , they will certainly , first or last , seize that country for their own soveraign . and as for mercenaries , they must be raised ( 't is true ) with the money of the prince who needs them , but by the authority and credit of some great persons who are to lead and command them : and these , in all occasions , have made their own commander prince ; as f. sforza at milan drove out by this trick the visconti , ancient dukes of that state ; and the mamalukes in egypt made themselves a military commonwealth . so that the way of an army here would either be no remedy at all , or one very much worse than the disease to the prince himself . noble ven. well sir , i begin to be of opinion , that any thing the king can grant the parliament ( especially such a parliament as this is , which consists of men of very great estates , and so can have no interest to desire troubles ) will not be so inconvenient to him , as to endeavour to break the government by force . but why may he not , for this time , by soothing them , and offering them great alliances abroad for the interest of england , and ballancing matters in europe more eaven than they have been ; and , in fine , by offering them a war with the french , to which nation they have so great a hatred ; lay them asleep , and get good store of money , and stave off this severe cure you speak of , at least , for some time longer ? eng. gent. there has been something of this done too lately ; and there is a gentleman lies in the tower , who is to answer for it . but you may please to understand , that there is scarce any amongst the middle sort of people , much less within the walls of the house of commons , who do not perfectly know , that we can have no alliance with any nation in the world that will signifie any thing to them , or to our selves , till our government be redressed and new modelled . and therefore , though there were an army landed in this island , yet that we must begin there , before we are sit to repulse them , or defend our selves . and the fear and sense of this people universally is , that if we should have any war , either for our own concerns , or for those of our allies , whilst matters remain as they do at home , it would certainly come to this pass , that either being beaten , we should subject this kingdom to an invasion , at a time when we are in a very ill condition to repell it ; or else , if we were victorious , that our courtiers and counsellors in fragrante ( or as the french cry , d'emble ) , would employ that mettle and good fortune to try some such conclusions at home as we have been discoursing of . and therefore , if any war should be undertaken without parliament , you should see the people rejoyce as much at any disaster our forces should receive , as they did when the scots seized the four northern counties in . or before that , when we were beaten at the isle of rhee , or when we had any loss in the last war with holland . and this joy is not so unnatural as it may seem to those who do not consider the cause of it ; which is the breach of our old government , and the necessity our governors are under to make some new experiments : and the fear we are in , that any prosperity may make them able to try them , either with effect , or at least with impunity . which consideration made a court-droll say lately to his majesty , ( who seemed to wonder why his subjects hated the french so much ) ; sir , it is because you love them , and espouse their interest : and if you would discover this truth clearly , you may please to make war with the king of france ; and then you shall see , that this people will not only love them , take their parts , and wish them success ; but will exceedingly rejoyce when they are victorious in sinking your ships , or defeating your forces . and this is sufficient to answer your proposal for alliances abroad , and for a war with france . besides this ( to wind all up in a word ) it is not to be imagined , that so good and wise a prince as we have at this time should ever be induced ( when he comes to understand perfectly his own condition ) to let his own interest ( granting his power to be so , which is very false ) contest with the safety and preservation of his people , for which only it was given him ; or that he will be any way tenacious of such prerogatives , as now , by a natural revolution of political circumstances , are so far from continuing useful to his governing the people , that they are the only remora and obstacle of all government , settlement and order . for his majesty must needs know , that all forms of regulating mankind under laws were ordained by god and man , for the happiness and security of the governed , and not for the interest and greatness of those who rule ; unless where there is melior natura in the case . so god governs man for his own glory only , and men reign over beasts for their own use and service ; and where an absolute prince rules over his own servants whom he feeds and pays ( as we have said ) , or the master of a great and numerous family governs his houshold ; they are both bound by the law of god and nature , and by their own interest , to do them justice , and not insaevire or tyranize over them , more than the necessity of preserving their empire and authority requires . doct. but sir , considering the difficulty which will be found in the king , and possibly in the parliament too , to come up to so great an alteration at the first , and the danger that may happen by our remaining long in this unsetled condition , which does hourly expose us to innumerable hazards , both at home , and from abroad ; why may we not begin , and lay the foundation now , by removing all his majesty's present council by parliament ; which is no new thing , but hath been often practised in many kings reigns ? eng. gent. first , the council , that is , the privy council which you mean , is no part of our government , as we may have occasion to shew hereafter ; nor is the king obliged by any fundamental law , or by any act of parliament to hearken to their advice , or so much as to ask it ; and if you should make one on purpose , besides that it would not be so effectual as what we may propose , it would be full as hard to go down either with king or parliament . but besides all this , you would see some of these counsellours so nominated by parliament , perhaps prove honest , and then they would be forced to withdraw as some lately did , because they found , i suppose , that till the administration be alter'd , it is impossible that their councils can be imbraced , or any thing be acted by them which may tend to the good of their country ; those who have not so great a sence of honour and integrity , will be presently corrupted by their own interest , whilst the prince is left in possession of all those baits and means to answer such mens ectpectations : it being most certain , that if you have a musty vessel , and by consequence dislike the beer which comes out of it , and draw it out , causing the barrel to be immediately fill'd with good and sound liquor , it is certain by experience , that both your new drink , and all that ever you shall put into the cask , till it be taken in pieces , and the pipes shaved , and new model'd , will be full as musty , and unsavoury as the first which you found fault with . noble ven. now , sir , i think we are at an end of our questions , and i for my part am convinced , that as the king cannot better himself any way by falling out with his people at this time , so that his goodness and wisdom is such , that he will rather chuse to imitate the most glorious and generous of his predecessors , as edward the first , and edward the third , than those who were of less worth , and more unfortunate , as edward the second , and richard the second . and therefore we are now ready to hear what you would think fit to ask of so excellent a prince . eng. gent. i never undertook to be so presumptuous ; there is a parliament to sit speedily , and certainly they are the fittest every way to search into such matters ; and to anticipate their wisdom would be unreasonable , and might give them just offence . but because all this tittle tattle may not go for nothing , i shall presume to give you my thoughts , how the cure must be wrought , without descending to particulars . the cause immediate ( as we have said ) of our disease , is the inexecution of our laws ; and it is most true , that when that is alter'd for the better , and that all our laws are duly executed , we are in health ; for as we can never have the entire benefit of them , till our government is upon a right basis ; so whenever we enjoy this happiness , to have the full benefit of those constitutions , which were made by our ancestors for our safe and orderly living , our government is upon a right basis ; therefore we must enquire into the cause why our laws are not executed , & when you have found and taken away that cause , all is well . the cause can be no other than this , that the king is told , and does believe , that most of these great charters or rights of the people , of which we now chiefly treat , are against his majesties interest , though this be very false ( as has been said ) yet we will not dispute it at this time , but take it for granted , so that the king having the supreme execution of the laws in his hand , cannot be reasonably supposed to be willing to execute them whenever he can chuse whether he will do it or no ; it being natural for every man not to do any thing against his own interest when he can help it ; now when you have thought well what it should be that gives the king a liberty to chuse whether any part of the law shall be currant or no , you will find that it is the great power the king enjoys in the government ; when the parliament hath discovered this , they will no doubt demand of his majesty an abatement of his royal prerogative in those matters only which concern our enjoyment of our all , that is our lives , liberties and estates , and leave his royal power entire and untoucht in all the other branches of it ; when this is done , we shall be as if some great heroe had performed the adventure of dissolving the inchantment we have been under so many years . and all our statutes from the highest to the lowest , from magna charta to that for burying in woollen , will be current , and we shall neither fear the bringing in popery , nor arbitrary power in the intervals of parliament , neither will there be any dissentions in them ; all causes of factions between the country and court-party being entirely abolisht ; so that the people shall have no reason to distrust their prince , nor he them . doct. you make us a fine golden age ; but after all this , will you not be pleased to shew us a small prospect of this canaan , or country of rest ; will you not vouchsafe to particularize a little what powers there are in the king , which you would have discontinued ? would you have such prerogatives abolished , or placed elsewhere ? eng. gent. there can be no government if they be abolished . but i will not be like a man who refuses to sing amongst his friends at their entreaty , because he has an ill voice ; i will rather suffer my self to be laught at by you in delivering my small judgment in this matter , but still with this protestation , that i do believe that an infinity of men better qualifi'd than my self for such sublime matters , and much more the house of commons , who represent the wisdom as well as the power of this kingdom , may find out a far better way , than my poor parts and capacity can suggest . the powers then which now being in the crown do hinder the execution of our laws , and prevent by consequence our happiness and settlement , are four ; the absolute power of making war and peace , treaties and alliances with all nations in the world , by which means , by ignorant councellours , or wicked ministers , many of our former kings have made confederations and wars , very contrary , and destructive to the interest of england , and by the unfortunate management of them , have often put the kingdom in great hazard of invasion : besides that , as long as there is a distinction made between the court-party and that of the country , there will ever be a jealousie in the people , that those wicked councellours ( who may think they can be safe no other way ) will make alliances with powerful princes , in which there may be a secret article by which those princes shall stipulate to assist them with forces upon a short warning to curb the parliament , and possibly to change the government . and this apprehension in the people will be the less unreasonable , because oliver cromwel ( the great pattern of some of our courtiers ) is notoriously known to have inserted an article in his treaty with cardinal mazzarin , during this king of france's minority , that he should be assisted with ten thousand men from france upon occasion to preserve and defend him in his usurped government , against his majesty that now is , or the people of england , or in fine , his own army , whose revolt he often feared . the second great prerogative the king enjoys , is the sole disposal and ordering of the militia by sea and land , raising forces , garisoning and fortifying places , setting out ships of war , so far as he can do all this without putting taxations upon the people ; and this not only in the intervals of parliament , but even during their session ; so that they cannot raise the train-bands of the country or city to guard themselves , or secure the peace of the kingdom . the third point is , that it is in his majesties power to nominate and appoint as he pleases , and for what time he thinks fit , all the officers of the kingdom that are of trust or profit , both civil , military , and ecclesiastical , ( as they will be called ) except where there is ius patronatus ; these two last powers may furnish a prince who will hearken to ill designing councellours , with the means either of invading the government by force , or by his judges and other creatures undermining it by fraud ; especially by enjoying the fourth advantage , which is the laying out and imploying , as he pleases , all the publick revenues of the crown or kingdom , and that without having any regard ( except he thinks fit ) to the necessity of the navy , or any other thing that concerns the safety of the publick . so that all these four great powers , as things now stand , may be adoperated at any time , as well to destroy and ruine the good order and government of the state , as to preserve and support it , as they ought to do . nob. ven. but if you divest the king of these powers , will you have the parliament sit always to govern these matters ? eng. gent. sir , i would not divest the king of them , much less would i have the parliament assume them , or perpetuate their sitting : they are a body more fitted to make laws , and punish the breakers of them , than to execute them . i would have them therefore petition his majesty by way of bill , that he will please to exercise these four great magnalia of government , with the consent of four several councils to be appointed for that end , and not otherwise ; that is , with the consent of the major part of them , if any of them dissent . in all which councils his majesty , or who he pleases to appoint , shall preside ; the councils to be named in parliament ; first all the number , and every year afterwards a third part : so each year a third part shall go out , and a recruit of an equal number come in : and in three years they shall be all new , and no person to come into that council , or any other of the four , till he have kept out of any of them full three years , being as long as he was in . and this i learnt from your quarantia's at venice : and the use is excellent ; for being in such a circulation , and sure to have their intervals of power , they will neither grow so insolent as to brave their king , nor will the prince have any occasion to corrupt them , although he had the means to do it , which in this new model he cannot have . these men in their several councils should have no other instructions , but to dispose of all things , and act in their several charges , for the interest and glory of england ; and shall be answerable to parliament , from time to time , for any malicious or advised misdemeanor : only that council which manages the publick revenue , shall ( besides a very copious and honourable revenue which shall be left to his majesty's disposal for his own entertainment , as belongs to the splendor and majesty of the government ) have instructions to serve his majesty ( if he pleases to command them , and not otherwise ) in the regulating and ordering his oeconomy and houshold ; and if they shall see it necessary , for extraordinary occasions of treating foreign princes and ambassadors , or presenting them , and the like ostentation of greatness ; to consent with his majesty moderately to charge the revenue to that end . i verily believe that this expedient is much more effectual than either the iustitia of aragon was , or the ephores of sparta : who being to check the king almost in every thing , without having any share in his councils , or understanding them , could not chuse but make a sullen posture of affairs ; whereas these both seem , and really are the king's ministers , only obliged by parliament to act faithfully and honestly ; to which , even without that , all other councellors are bound by oath . as for the other council , now called the privy council , the king may still please to continue to nominate them at his pleasure , so they act nothing in any of the matters properly within the jurisdiction of these four councils , but meddle with the affairs of merchants , plantations , charters , and other matters , to which the regal power extendeth . and provided that his majesty call none of the persons employed in these other four councils during their being so , nor that this council do any way intermeddle with any affairs , criminal or civil , which are to be decided by law , and do belong to the jurisdictions of other courts or magistrates , they being no established judicatory , or congregation , which either our government or laws do take notice of ( as was said before ) but persons congregated by the king , as his friends and faithful subjects , to give him their opinion in the execution of his regal office. as for example , the king does exercise , at this time , a negative voice as to bills presented to him by the parliament , which he claims by right ; no man ever said that the privy council had a negative voice ; yet former kings did not only as their advice as to the passing or not passing of such bills , but often decided the matter by their votes ; which , although it be a high presumption in them , when they venture to give him council contrary to what is given him by his greatest council , yet never any of them have been questioned for it ; being looked upon as private men , who speak according to the best of their cunning , and such as have no publick capacity at all . but if this be not so , and that this council have some foundation in law , and some publick capacity , i wish in this new settlement it may be made otherwise , and that his majesty please to take their counsel in private ; but summon no persons to appear before them ; much less give them authority to send for in custody , or imprison any subject , which may as well be done by the judges and magistrates ; who , if secrecy be required , may as well be sworn to secrecy as these gentlemen ; and i believe can keep counsel as well , and give it too . nob. ven. but would you have none to manage state-affairs , none imprisoned for secret conspiracies , and kept till they can be fully discovered ? you have made an act here lately about imprisonments , that every person shall have his habeas corpus , i think you call it : so that no man , for what occasion soever , can lie in prison above a night , but the cause must be revealed , though there be great cause for the concealing it . eng. gent. this act you mention , and a great many more which we have to the same purpose , that is , against illegal imprisonments , shews that for a long time the power over men's persons has been exercised ( under his majesty ) by such as were very likely , rather to employ it ill than well ; ( that is ) would rather imprison ten men for honourable actions ; such as standing for the people's rights in parliament , refusing to pay illegal taxes , and the like ; than one for projecting and inventing illegal monopolies , or any other kind of oppressing the people . this made first magna charta , then the petition of right , and divers other acts besides this last , take that power quite away , and make the law and the judges the only disposers of the liberties of our persons . and it may be , when the parliament shall see the fruit of this alteration we are now discoursing of , and that state-affairs are in better hands , they may think fit to provide that a return , or warrant of imprisonment from one of these four councils ( which i suppose will have a power of commitment given them , as to persons appearing delinquents before them ) wherein it shall be expressed , that if the publick is like to suffer or be defrauded , if the matter be immediately divulged ; i say in this case , the parliament may please to make it lawful for the judge to delay the bailing of him for some small time , because it is not to be judged , that these councellours so chosen , and so instructed , and to continue so small a time , will use this power ill ; especially being accountable for any abusing of it to the next parliament . and i suppose the parliament , amongst other provisions in this behalf , will require that there shall be a register kept of all the votes of these several councils , with the names as well of those who consented , as of such who dissented : and as to the former part of your question , whether i would have none to manage state affairs ; i think there are very few state affair that do not concern either peace and war , and treaties abroad , the management of the arms , militia , and posse comitatus at home ; the management of all the publick moneys , and the election of all officers whatsoever ; the other parts , of state affairs , which are making and repealing of laws , punishing high crimes against the state , with levying and proportioning all manner of impositions upon the people , this is reserved to the parliament it self ; and the execution of all laws to the judges , and magistrates ; and i can think of no other affairs of state than these . doct. do you intend that the council for chusing officers shall elect them of the king's houshold , that is , his menial servants ? eng. gent. no , that were unreasonable , except any of them have any jurisdiction in the kingdom , or any place or preheminence in parliament annexed to such office ; but in these things which concern the powers and jurisdictions of these several councils ( wherein , la guardia della laberta , as machiavil calls it , is now to be placed ) i shall not persume to say any thing , but assure your self , if ever it come to that , it will be very well digested in parliament , they being very good at contriving such matters , and making them practicable , as well as at performing all other matters that concern the interest and greatness of the kingdom . doct. i have thought that the ephores of sparta were an admirable magistracy , not only for the interest of the people , but likewise for the preservation of the authority of the kings , and of their lives too ; for plutarch observes that the cities of mesene and argos had the same government with lacedemon , and yet for want of erecting such an authority as was in the ephores , they were not only perpetually in broils amongst themselves , and for that reason ever beaten by their enemies , whereas the spartans were always victorious , but even their kings were the most miserable of men , being often call'd in question judicially , and so lost their lives , and many of them murdered by insurrections of the people : and at last in both these cities , the kings were driven out , their families extirpated , the territory new divided , and the government turn'd into a democracy . and i ever thought that this expedient you propose ( for i have heard you discourse of it often before now ) would prove a more safe , and a more noble reformation than the institution of the ephores was , and that a prince who is a lover of his country , who is gracious , wise and just , ( such a one as it has pleased god to send us at this time ) shall be ten times more absolute when this regulation is made , than ever he was or could be before ; and that whatsoever he proposes in any of these councils will be received as a law , nay , as an oracle : and on the other side , ill and weak princes shall have no possibility of corrupting men , or doing either themselves or their people any kind of harm or mischief : but have you done now ? eng. gent. no , sir , when this provision is made for the execution of the laws , ( which i think very effectual , not to say infallible ) although it is not to be doubted , but that there will be from time to time many excellent laws enacted ; yet two i would have passed immediately , the one concerning the whole regulation of the elections to parliament , which we need very much , and no doubt but it will be well done ; that part of it which is necessary to go hand in hand with our settlement , and which indeed must be part of it , is , that a parliament be elected every year at a certain day , and that without any writ or summons , the people meeting of course at the time appointed in the usual place ( as they do in parishes at the church-house to chuse officers ) and that the sheriffs be there ready to preside and to certifie the election . and that the parliament so chosen shall meet at the time appointed , and sit and adjuorn as their business is more or less urgent : but still setting yet a time for their coming together again ; but if there shall be a necessity ( by reason of invasion or some other cause ) for their assembling sooner , then the king to call the councellors of these four councels all together , and with the consent of the major part of them , intimate their meeting sooner ; but when the day day comes for the annual meeting of another parliament , they must be understood to be dissolved in law , without any other ceremony , and the new one to take their place . doct. i would have this considered too , and provided for , that no election should be made of any person who had not the majority of the electors present to vote for him ; so the writ orders it , and so reason dictates ; for else , how can he be said to represent the county , if not a fifth part have consented to his choice , as happens sometimes , and may do oftener ? for where seven or eight stand for one vacant place , as i have know in our last long parliament , where the votes being set in columns , he who has had most votes , has not exceeded four hundred of above two thousand who were present . noble ven. this is a strange way ; i thought you had put every man by himself , as we do in our government , and as i understood they do in the house of commons , when there is any nomination , and then , if he has not the major part , he is rejected . eng. gent. this is very material , and indeed essential ; but i make no doubt , but if this project should come in play in parliament , this and all other particulars ( which would be both needless and tedious to discourse of here ) will be well and effectually provided for . the next act i would have passed , should be concerning the house of peers , that as i take it for granted , that there will be a clause in the bill concerning elections , that no new boroughs shall be enabled to send members to parliament , except they shall be capacitated thereunto by an act ; so it being of the same necessity as to the liberty of parliament , that the peers ( who do and must enjoy both a negative and deliberative voice in all parliamentary transactions , except what concern levying of money originally ) be exempted from depending absolutely upon the prince , and that therefore it be declared by act , for the future , that no peer shall be made but by act of parliament , and then that it be hereditary in his male line . noble ven. i am not yet fully satisfied how you can order your matters concerning this house of peers , nor do i see how the contests between the house of commons and them , can be so laid asleep but that they will arise again : besides the house of commons must necessarily be extreamly concerned to find the house of peers , which consists of private persons , though very great and honourable ones , in an instant dash all that they have been so long hammering for the good of all the people of england whom they represent ; were it not better now , you are upon so great alterations , to make an annual elective senate , or at least one wherein the members should be but for life , and not hereditary . eng. gent. by no means , sir , the less change the better , and in this case the metaphysical maxime is more true than in any , viz. entia non sunt multiplicanda sine necessitate ; for great alterations fright men , and puzzle them , and there is no need of it at all in this case . i have told you before , that there is a necessity of a senate , and how short this government would be without it , and how confused in the mean time ; the roman senate was hereditary amongst the patricii , except the censor left any of them out of the roll during his magistracy , for some very great and scandalous offence ; and in that case too there was an appeal to the people , as in all other causes , witness the case of lucius quintius and many others . to shew that there can be no need of such a change here as you speak of , you may please to consider , that all differences between the several parts of any government , come upon the account of interest ; now when this settlement is made , the house of peers , and the house of commons , can have no interest to dissent ; for as to all things of private interest , that is , the rights of peers , both during the sitting of parliaments , and in the intervals , is left to their own house to judge of , as it is to the house of commons to judge of their own priviledges ; and as for the contest of the peers jurisdiction as to appeals from courts of equity ; besides that i would have that setled in the act which should pass concerning the lords house ; i believe it will never happen more , when the government is upon a right foundation ; it having been hitherto fomented by two different parties , the court-party sometimes blowing up that difference to break the session , lest some good bills for the people should pass , or that the king by rejecting them , might discontent his people ; to avoid which dilemma , there needed no more , but to procure some person to prosecute his appeal before the lords ; some honest patriots afterwards possibly might use the same policy which they learnt from the courtiers , to quash some bill very destructive , in which they were out-voted in the commons house ; otherwise it is so far from the interest of the commons to hinder appeals from courts of equity , that there is none amongst them , but know we are almost destroyed for want of it : and when they have considered well , and that some such reformation as this shall take place ; they will find that it can never be placed in a more honourable and unbyas'd judicatory than this ; and i could wish that even in the intermission of parliamentary sessions , the whole peerage of england , as many of them as can conveniently be in town , may sit in their judicial capacities , and hear appeals in equity , as well as judge upon writs of errour . now as to your other objection ( which is indeed of great weight ) that the house of commons must needs take it ill , that the lords should frustrate their endeavours for the peoples good by their negative ; if you consider one thing , the force of this objection will vanish ; which is , that when this new constitution shall be admitted , the lords cannot have any interest or temptation to differ with the commons , in any thing wherein the publick good is concerned , but are obliged by all the ties in the world , to run the same course and fortune with the commons , their interest being exactly the same ; so that if there be any dissenting upon bills between the two houses , when each of them shall think their own expedient conduces most to the advantage of the publick ; this difference will ever be decided by right reason at conferences ; and the lords may as well convince the commons , as be convinced by them ; and these contests are and ever will be of admirable use and benefit to the commonwealth ; the reason why it is otherwise now , and that the house of peers is made use of to hinder many bills from passing , that are supposed to be for the ease of the people , is , that the great counsellors and officers which sit in that house , do suggest ( whether true or false ) that it is against his majesties will and interest that such an act should pass , whereupon it has found obstruction ; but hereafter if our expedient take place it cannot be so , first , because our king himself cannot have any designs going ( as was proved before ) which shall make it his advantage to hinder any good intended his people , whose prosperity then will be his own . and then because in a short time , the peers being made by act of parliament , will consist of the best men of england both for parts and estates , and those who are already made , if any of them have small estates , the king if he had the interest , would not have the means to corrupt them , the publick moneys , and the great offices being to be dispensed in another manner than formerly ; so their lordships will have no motive in the world to steer their votes and councils , but their own honour and conscience , and the preservation and prosperity of their country . so that it would be both needless and unjust to pretend any change of this kind . besides , this alteration in the administration of our government being proposed to be done by the unanimous consent of king , lords , and commons , and not otherwise , it would be very preposterous to believe , that the peers would depose themselves of their hereditary rights , and betake themselves to the hopes of being elected ; it is true , they have lost the power they had over the commons , but that has not been taken from them by any law , no more than it was given them by any ; but is fallen by the course of nature , as has been shewn at large ; but though they cannot lead the commons by their tenures , as formerly , yet there is no reason or colour that they should lose their co-ordination , which i am sure they have by law , and by the fundamental constitution of the government ; and which is so far from being prejudicial to a lasting settlement ( as was said ) that it infinitely contributes to it , and prevents the confusion which would destroy it . if i should have proposed any thing in this discourse which should have intrenched upon the king 's hereditary right , or that should have hindred the majesty and greatness of these kingdoms from being represented by his royal person , i should have made your story of the capuchine fryar very applicable to me . noble ven. i see you have not forgiven me that novel yet ; but pray give me leave to ask you one question : why do you make the election of great officers , to be by a small secret council , that had been more proper for a numerous assembly ; as it is in most commonwealths ? eng. gent. it is so in democracies , and was so in sparta , and is done by your great council in venice ; but we are not making such a kind of government , but rectifying an ancient monarchy , and giving the prince some help in the administration of that great branch of his regality ; besides , it is sufficient , that our parliament chuses these councils , ( that is always understood the lords and commons , with the kings consent ) besides , it is possible , that if such a regulation as this come in debate amongst them , the parliament will reserve to it self the approbation of the great officers , as chancellor , judges , general officers of an army , and the like ; and that such shall not have a settlement in those charges , till they are accordingly allowed of ; but may in the mean time exercise them . as to particulars , i shall always refer you to what the parliament will judge fit to order in the case ; but if you have any thing to object , or to shew in general , that some such regulation as this cannot be effectual towards the putting our distracted country into better order ; i shall think my self oblig'd to answer you , if you can have patience to hear me , and are not weary already ; as you may very well be . noble ven. i shall certainly never be weary of such discourse ; however i shall give you no further trouble in this matter ; for i am very fully satisfied , that such reformation , if it could be compassed , would not only unite all parties , but make you very flourishing at home , and very great abroad : but have you any hopes that such a thing will ever come into debate ? what do the parliament-men say to it ? eng. gent. i never had any discourse to this purpose , either with any lord , or member of the commons house , otherwise than as possibly some of these notions might fall in at ordinary conversation : for i do not intend to intrench upon the office of god , to teach our senatours wisdom . i have known some men so full of their own notions , that they went up and down sputtering them in every mans face they met ; some went to great men during our late troubles ; nay , to the king himself , to offer their expedients from revelation . two men i was acquainted with , of which one had an invention to reconcile differences in religion ; the other had a project for a bank of lands to lye as a security for summs of money lent ; both these were persons of great parts and fancy ; but yet so troublesome at all times , and in all companies , that i have often been forced to repeat an excellent proverb of your country : god deliver me from a man that has but one business ; and i assure you there is no mans reputation that i envy less , than i do that of such persons ; and therefore you may please to believe that i have not imitated them in scattering these notions , nor can i prophesie whether any such apprehensions as these will ever come into the heads of those men who are our true physitians . but yet to answer your question , and give you my conjecture ; i believe that we are not ripe yet for any great reform ; not only because we are a very debauch'd people ; i do not only mean that we are given to whoring , drinking , gaming and idleness ; but chiefly that we have a politique debauch , which is a neglect of all things that concern the publick welfare , and a setting up our own private interest against it ; i say , this is not all , for then the polity of no country could be redrest : for every commonwealth that is out of order , has ever all these debauches we speak of , as consequences of their loose state. but there are two other considerations which induce me to fear that our cure is not yet near . the first is , because most of the wise and grave men of this kingdom are very silent , and will not open their budget upon any terms : and although they dislike the present condition we are in as much as any men , and see the precipice it leads us to , yet will never open their mouths to prescribe a cure ; but being asked what they would advise , give a shrug like your country-men . there was a very considerable gentleman as most in england , both for birth , parts , and estate , who being a member of the parliament that was called , . continued all the war with them ; and by his wisdom and eloquence ( which were both very great ) promoted very much their affairs . when the factions began between the presbyters and independents , he joyned cordially with the latter , so far as to give his affirmative to the vote of no addresses ; that is , to an order made in the house of commons , to send no more messages to the king , nor to receive any from him . afterwards , when an assault was made upon the house by the army , and divers of the members taken violently away , and secluded ; he disliking it ( though he were none of them ) voluntarily absented himself , and continued retired ; being exceedingly averse to a democratical government , which was then declared for , till cromwell's usurpation ; and being infinitely courted by him , absolutely refused to accept of any employment under him , or to give him the least counsel . when cromwell was dead , and a parliament called by his son , or rather by the army , the chief officers of which did , from the beginning , whisper into the ears of the leading members , that if they could make an honest government , they should be stood by ( as the word then was ) by the army . this gentleman , at that time , neither would be elected into that parliament , nor give the least advice to any other person that was ; but kept himself still upon the reserve . insomuch that it was generally believed , that although he had ever been opposite to the late king 's coming to the government again , though upon propositions ; yet he might hanker after the restoration of his majesty that now is . but that apprehension appeared groundless when it came to the pinch : for being consulted as an oracle by the then general monk , whether he should restore the monarchy again or no , would make no answer , nor give him the least advice ; and , de facto , hath ever since kept himself from publick business ; although , upon the banishment of my lord of clarendon , he was visited by one of the greatest persons in england , and one in as much esteem with his majesty as any whatsoever , and desired to accept of some great employment near the king ; which he absolutely refusing , the same person , not a stranger to him , but well known by him , begged of him to give his advice how his majesty ( who desired nothing more than to unite all his people together , and repair the breaches which the civil war had caused , now my lord clarendon was gone , who by his counsels kept those wounds open ) might perform that honourable and gracious work : but still this gentleman made his excuses . and , in short , neither then , nor at any time before or after ( excepting when he sate in the long parliament of the year . ) neither during the distracted times , nor since his majesty's return , when they seemed more reposed , would ever be brought , either by any private intimate friend , or by any person in publick employment , to give the least judgment of our affairs , or the least counsel to mend them , though he was not shye of declaring his dislike of matters as they went. and yet this gentleman was not only by repute , and esteem a wise man , but was really so , as it appeared by his management of business , and drawing declarations , when he was contented to act ; as also by his exceeding prudent managing of his own fortune , which was very great , and his honourable living and providing for his family ; his daughters having been all marryed to the best men in england ; and his eldest son to the most accomplisht lady in the world. i dare assure you , there are above an hundred such men in england , though not altogether of that eminency . noble ven. methinks these persons are altogether as bad an extreme as the loquacious men you spoke of hefore . i remember when i went to school , our master , amongst other common-places in the commendation of silence , would tell us of a latine saying , that a fool whilst he held his peace did not differ from a wise man ; but truly i think we may as truly say , that a wise man whilst he is silent does not differ from a fool ; for how great soever his wisdom is , it can neither get him credit , nor otherwise advantage himself , his friend , nor his country . but let me not divert you from your other point . eng. gent. the next reason i have to make me fear that such an expedient as we have been talking of , will not be proposed suddenly , is the great distrust the parliament has of men , which will make most members shy of venturing at such matters , which being very new , at the first motion are not perfectly understood , at least to such as have not been versed in authors who have written of the politicks ; and therefore the mover may be suspected of having been set on by the court-party to puzzle them , and so to divert , by offering new expedients , some smart mettlesome debates they may be upon concerning the succession to the crown , or other high matters : for it is the nature of all popular counsels ( even the wisest that ever were , witness the people of rome and athens , which machiavil so much extols ) in turbulent times , to like discourses that heighten their passions , and blow up their indignation , better than them that endeavour to rectifie their judgments , and tend to provide for their safety . and the truth is , our parliament is very much to be excused , or rather justified in this distrust they have of persons , since there hath been of late so many and so successful attempts used by the late great ministers , to debauch the most eminent members of the commons-house , by pensions and offices ; and therefore it would wonderfully conduce to the good of the common-wealth , and to the composing our disordered state , if there were men of so high and unquestionable a reputation , that they were above all suspicion and distrust , and so might venture upon bold , that is ( in this case ) moderate counsels , for the saving of their country . such men there were in the parliament of . at least twenty or thirty , who having stood their ground in seven parliaments before , which in the two last kings reigns had been dissolved abruptly and in wrath , and having resisted the fear of imprisonment and great fines for their love to england , as well , as the temptation of money and offices to betray it , both inferred by the wicked councellours of that age , tending both to the ruine of our just rights , and the detriment of their masters affairs ; i say , having constantly , and with great magnanimity and honour made proof of their integrity , they had acquired so great a reputation , that not only the parliament , but even almost the whole people stuck to them , and were swayed by them in actions of a much higher nature than any are now discoursed of , without fear of being deserted , or as we say , left in the lurch , as the people of france often are by their grandees , when they raise little civil wars to get great places , which as soon as they are offered , they lay down arms , and leave their followers to be hang'd ; but although these two reasons of the silence of some wise men , and the want of reputation in others , does give us but a sad prospect of our land of promise , yet we have one consideration , which does incourage us to hope better things ere long . and that is the infallible certainty that we cannot long continue as we are , and that we can never meliorate , but by some such principles , as we have been here all this while discoursing of , and that without such helps and succours as may be drawn from thence , we must go from one distraction to another , till we come into a civil war , and in the close of it be certainly a prey to the king of france , who ( on which side it matters not ) will be a gamester , and sweep stakes at last ; the world not being now equally ballanced between two princes alike powerful , as it was during our last civil war ; and if as well this danger , as the only means to prevent it , be understood in time , ( as no doubt it will ) we shall be the happiest and the greatest nation in the world in a little time ; and in the mean time , enjoy the best and most just easie government of any people upon earth . if you ask me whether i could have offer'd any thing that i thought better than this , i will answer you as solon did a philosopher , who askt him whether he could not have made a better government for athens ? yes , but that his was the best , that the people would or could receive . and now i believe you will bear me witness , that i have not treated you as a wise man would have done in silence ; but it is time to put an end to this tittle-tattle which has nauseated you for three days together . noble ven. i hope you think better of our judgments than so ; but i believe you may very well be weary . doct. i am sure the parish priests are often thanked for their pains , when they have neither taken half so much as you have , nor profited their auditory the hundredth part so much . eng. gent. the answer to thank you for your pains , is always , thank you , sir , for your patience ; and so i do very humbly both of you . noble ven. pray , sir , when do you leave the town ? eng. gent. not till you leave the kingdom . i intend to see you , if please god , aboard the yacht at gravesend . noble ven. i should be ashamed to put you to that trouble . eng. gent. i should be much more troubled if i should not do it ; in the mean time i take my leave of you for this time , and hope to wait on you again to morrow . what , doctor , you stay to consult about the convalescence ? adieu to you both . doct. farewell , sir. nullum numen abest si sit prudentia . finis . his majesties speech to the gentry of the county of yorke, attending his majestie at the city of yorke, on thursday the th of may, . england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) his majesties speech to the gentry of the county of yorke, attending his majestie at the city of yorke, on thursday the th of may, . england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) printed at yorke, and now reprinted at london by alice norton, for humphrey tuckey, at the blacke spread eagle in fleet-street, [london] : . reproduction of the original in the british library. with engraved border. eng hotham, john, -- sir, d. jan. -- early works to . prerogative, royal -- great britain -- early works to . hull (england) -- history -- th century -- sources. great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no his majesties speech to the gentry of the county of yorke, attending his majestie at the city of yorke, on thursday the th of may, . england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties speech to the gentry of the county of yorke , attending his majestie at the city of yorke , on thursday the th of may , . gentlemen , i have cause of adding not altering , what i meant to say when i gave out the summons for this dayes appearance , i little thought of these messengers , or of such a message as they brought , the which , because it confirmes mee in what i intend to speake , and that i desire you should be truly informed of all passages between me and the parliament , you shall here read , first , my answer to the declaration of both houses concerning hull , the answer of the parliament to my two messages concerning hull , together with my reply to the same , and my message to both houses declaring the reasons why i refused to passe the bill concerning the militia . all which being read his majesty proceeded . i will make no paraphrases upon what yee have heard , it more benefiting a lawyer then a king , onely this observation , since treason is countenanced so neere me , it is time to looke to my safety : i avow it was part of my wonder , that men ( whom i thought heretofore discreet , and moderate ) should have undertaken this imployment , and that since they came ( i having delivered them the answer : you have heard , and commanded them to returne personally with it to the parliament ) should have flatly disobeyed me upon pretence of the parliaments command . my end in telling you this , is to warne you of them , for since these men have brought me such a message , and disobeyed so lawfull a command . i will not say what their intent of staying here is , onely i bid you take heed , not knowing what doctrine of disobedience they may preach to you , under colour of obeying the parliament . hitherto i have found and kept you quiet , the enjoying of which was a chiefe cause of my comming hither ( tumults and disorders having made mee leave the south ) and not to make this a seat of warre , as malice would ( but i hope in vaine ) make you beleeve ; now if disturbances doe come , i know whom i have reason to suspect . to be short , you see that my magazine is going to be taken from me ( being my owne proper goods ) directly against my will ; the militia ( against law and my consent ) is going to be put in execution : and lastly , sir iohn hothams treason is countenanced ; all this considered none can blame me to apprehend dangers . therefore i have thought fit ( upon these reall grounds ) to tell you , that i am resolved to have a guard ( the parliament having had one all this while upon imaginary iealousies , ( onely to secure my person . in which i desire your concurrence and assistance , and that i may be able to protect you , the lawes , and the true protestant profession from any affront or injury that may be offered , which i meane to maintaine my selfe without charge to the countrey , intending no longer to keepe them on foote , then i shall be secured of my just apprehensions by having satisfaction in the particulars before mentioned . printed at yorke , and now reprinted at london by alice norton , for humphrey tuckey , at the blacke spread eagle in fleet-street . . by the king. a proclamation to inform all our loving subjects of the lawfulnesse of our commissions of array, issued into the severall counties of our realm of england, and dominion of wales, and of the use of them and commanding them to obey our commissioners therein named, in the execution of their said commissions. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the king. a proclamation to inform all our loving subjects of the lawfulnesse of our commissions of array, issued into the severall counties of our realm of england, and dominion of wales, and of the use of them and commanding them to obey our commissioners therein named, in the execution of their said commissions. england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) [s.n.], imprinted at york, and now reprinted at london : . originally published: york : . reproduction of the original in the british library. at end of text: given at our court in york the twentieth day of june, in the eighteenth yeer of our reign, . eng prerogative, royal -- great britain -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the king. a proclamation to inform all our loving subjects of the lawfulnesse of our commissions of array, issued into the severall count england and wales. sovereign c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king . a proclamation to inform all our loving subjects of the lawfulnesse of our commissions of array , issued into the severall counties of our realm of england , and dominion of wales , and of the use of them : and commanding them to obey our commissioners therein named , in the execution of their said commissions . whereas by the laws of this land , the ordering and governing of the militia of the kingdom , for the preventing and suppression of all invasions and rebellions , hath ( as a most known and undoubted right and prerogative ) belonged in all times solely to our self and our progenitors , kings of england . and accordingly we have heretofore awarded commissions of lieutenancie into the severall counties of this our realm , for the governing and exercising of the souldiory and trained bands there , like as queen elizabeth and our dear father , both of happy memory , had done before us . and therein ( amongst other things ) gave power to the commissioners in each county , to levie , call together , arm , array , train , and muster our subjects inhabiting in the said severall counties , and to conduct and lead them against all our enemies , and all rebels and traitors from time to time , as often as need should require . all which commissions ( although we did , since the beginning of this parliament , grant the like for the county of york , to the now earl of essex , with the privity of both our houses of parliament , and without exception from either ) have , without hearing any of our councell learned , been since voted in our said houses of parliament to be illegall and void ; the reason whereof we have not yet been informed of , nor can imagine : for that neither any illegall clause ( if any such be ) in those commissions , nor any excesse or abuse of their authority , by any lieutenants or their deputies , in raising of moneys , taxing of the inhabitants , or otherwise could , by law , make void any such powers as in themselves were lawfull to be granted and put in execution . and whereas , in case of danger and necessity , it had been more sutable to the condition of the times , and the good liking of our subjects ( who cannot be well pleased with any new wayes , how specious soever ) that our houses of parliament should ●●●e taken order that our commissions of lieutenancie ( the course whereof had so long continued ) should , for the present , have been put in execution , at least wise such part thereof as was undeniably and unquestionably legall , and was sufficent for the purposes before mentioned , or that ( according to the like presidents in former times ) they would have desired us to have granted new commissions of that nature , omitting such clauses as might justly have been excepted against , which we would not have denied ; and not to have called in so suddenly for those commissions to be cancelled , as was done ( though we know not by what law ) in our house of peers . yet notwithstanding , our two houses of parliament , in stead of such our commissions , under pretence of evident and imminent danger , and urgent and inevitable necessity of putting our subjects into a posture of defence , have made a late order for the setling of the militia , under the name of an ordinance ( which two or three severall times had been refused by the major part of peers ) and being made , not onely without , but against our consent ( the reasons whereof are sufficiently known to all our subjects ) is not onely without any one warrantable president of former times ( as we beleeve ) but ( as we are well assured ) void in law . wherefore , out of the care which we have of our people , lest under the pretence of danger , necessity , and want of authority from us to put them into a military posture , they should be drawn and ingaged in any opposition against us or our just authority ; and that they may know they are by us otherwise provided for , and secured against all just causes of fears and dangers from any force in a legall way ( for we are resolved to rule and govern our subjects according to our known laws onely ) we have thought fit , for the present , hereby thus timely to publish and declare , that we have awarded into the severall counties of our kingdom of england and dominion of wales , our severall commissions of array , thereby giving power to severall persons of honour , reputation , and estate in the said counties , for the safety and defence of us , our kingdom , and our good subjects from time to time , as it shall be needfull to array , train , arm , and muster our subjects inhabiting in the said counties , and in case of imminent danger to conduct and lead them for the destruction of our enemies , and in the defence of their countrey and the kingdom . which power of granting commissions for the defence of us and our kingdom , as it is inherent in us , and inseparable from our crown , so it hath been warranted by presidents of the like commissions in all ages , both before and since the grant of the great charter by king henry the third , down to the very time that commissions of lieutenancie were granted , and was agreed to be legall even by the two learned judges , sir george crook , and sir richard hutton ( amongst all the rest ) in their arguments , which concluded on the subjects part in our exchequer-chamber in master hampdens case , as by the same ( now since printed ) may appear , together with divers particular records in severall ages therein mentioned , to which many more may be added . and in these our commissions , to prevent all manner of exception , we have , in the powers given to our commissioners , in all points followed that commission of array , which was agreed upon by the king and both houses of parliament , after conference with the judges of the realm , in the fifth yeer of king henry the fourth , and was done upon the desire of the commons , to have some alterations from former commissions in certain overstrict clauses , whereunto neverthelesse no exception was taken for the legalitie , but the kings assent acknowledged as an act of great grace , as appeareth by the parliament rolls of that yeer . since which time commissions of array have frequently issued for prevention of danger , either of enemies abroad or at home ( in both which respects our houses of parliament have voted this kingdom to be in danger ) the same being indeed the old ordinary way for the preservation of the king and kingdom , who must not delay their preparation till such danger break forth into action , and so perhaps prove too late . and these commissions of array were not discontinued , till by reason of the commissions of lieutenancie ( which in substance contained the powers given by those commissions of array ) they came to be of little use . and , whereas by the statute of the fourth and fifth yeers of the reign of philip and mary king and queen of england , it is enacted , that if any person or persons that shall be commanded generally or specially to muster afore any such as shall have authority or commandment for the same , by , or from the king , or by any lieutenant , warden , or other person or persons authorised for the same , do willingly absent him or themselves from the same musters , having no true and reasonable excuse of sicknesse , or other lawfull impediment , or at their apparence at such musters , do not bring with them such their best furniture , or array and armour , as he or they shall then have for his or their own person in readinesse , that such person or persons shall , for every such default and offence , incur such penalties , and to be inflicted in such manner as by the said statute are limited . which statute is in full force . we do therefore , by this our proclamation , expresly charge and command all our sheriffs , justices of peace , majors , bailiffs , constables , and all other our officers , and other our loving subjects of our severall counties of england , and dominion of wales respectively , that they be attending , aiding , assisting , counselling , and at the commandment of the said commissioners of our severall counties respectively in the execution of their commissions , as they will answer the contrary at their utmost perils . and although we can nothing doubt that any of our loving subjects shall or will oppose or hinder our said commissioners in the execution of their said commissions , by putting in execution any power touching the militia , not warranted by our authoritie , or otherwise disturbing our said commissioners in execution of our service , considering the extreame danger wherein such act may upon the severall circumstances , by the strict construction of the law involve them : yet , lest any ill-affected persons , too far presuming upon our clemency , and in hope of impunity or pardon , should dare to off●nd us , and our laws , contrary to this our proclamation ; we do hereby declare to all our subjects , that whosoever shall , after this our proclamation published , do any thing in opposition of our commissioners , by disobeying their commands , according to law , or putting in execution any other command concerning the militia of our kingdom , contrary to law , we shall account them unworthy of our grace and mercy , and such as must expect , that justice ( how penall or capitall soever it be ) shall be done upon them according to their demerits . given at our court at york the twentieth day of june , in the eighteenth yeer of our reign , . imprinted first at york , and now reprinted at london . . a new declaration from both houses of parliament, die martis, may , . england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a new declaration from both houses of parliament, die martis, may , . england and wales. parliament. charles i, king of england, - . england and wales. sovereign ( - : charles i). sheet ([ ] p.) for w.g., imprinted at london : may the . . includes: his majesties letter to the gentry of york-shire, may . . the lords and commons do declare that the king can only summon those subjects holding of him by special service. whoever shall take armes on this pretence is a disturber of the public peace, .. it is ordered by the house that if the trained bands assemble on the king's order, the sheriff is to raise the county to suppress them, .. -- steele. reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . prerogative, royal -- great britain -- early works to . yorkshire (england) -- history -- th century -- sources. great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no a new declaration from both houses of parliament, die martis, may , . england and wales. parliament. f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a new declaration from both hovses of parliament , die martis , may . . the lords and commons in parliament doe declare , that it is against the lawes and liberties of the kingdome , that any of the sub●ects thereof , should be commanded by the king to attend him at his pleasure , but such as are bound thereto by speciall service ; and that whosoever upon pretence of his majesties command shal take armes , and gather together with others in a warlike manner , to the terror of the kings people , shall be esteemed disturbers of the publicke peace , and to doe that which may introduce a president of very dangerous consequence for the future , and produce most mischievous effects for the present , considering the great distempers of the kingdome , and what pernitious councellors and lncendiaries , are now about the king , and how desperate and ill affected divers persons attending upon his majesty , have shewed themselves to the parliament , and to his other good sub●ects , threatning and reproaching them publickly , even in his majesties presence , and for preventing and avoiding such great mischiefes as may thereupon ensue . it is ordered and ordained by both houses of parliament , that if the trained bands , or any other his majesties subjects , shall upon pretence of any such command be drawne together , and put into a posture of warre , the sheriffe of that county where there shall be such raising , or drawing together of armed men ; doe forthwith raise the power of the county to suppresse them , and to keepe his majesties peace according to the law . and that the lord lieutenants , deputy lieutenants , justices of the peace , and all other his maiesties subiects , be aiding and assisting to the severall and respective sheriffs in performance hereof , as they will answer the contray at their perill . hen elsing ▪ cler. par. d. com. his majesties letter to the gentry of york-shire , may . . to our right trusty and well beloved the gentry of york and others of this our county of yorke , whom it doth or may concerne . wee have with great contentment considered your dutifull and affectionate answer to our proposition concerning the unsufferable affront which we receiued at hull : wee have not been deceived in that confidence we have had in your affection , wherefore we desire you to assure the rest of your countrey-men , wh● through negligence were omitted to be summoned : that wee shall never abuse your love by any power wherewith god shall enable us to the least violation of the least of your liberties , or the d●minution of those immunities which we have granted you this p●rliament , though they be beyond the acts of most ( if not all ) on predecessors ; being resolved with a constant and firme resolution to have the law of this land duly observed , and shall endeavour onely so to preserve our just royall rights , as may enable us to protect our kingdome and people , according to the ancient honours of the kings of england , and according to the trust which by the law of god and this land , is put into the crowne , being sufficiently warned by the last affront at hull , not to transferre the same out of our power ; concerning which affront we will take some time to advise , which way we may imploy your affections . in the meane time we shall take it well from all such as shall personally attend us , so followed and provided , as they shall thinke fit for the better safety of our person , because we know not what sudden violence or affront may be offered unto us , having lately received such an actuall testimony of rebellious intentions , as sir iohn hotham hath expressed at hull . being thus secured by your affections and assistance , we promise you our protection against any contrary power whatsoever . and that you shall not be molested for your humble and modest petition , as of late you have been threatned . given at our court at york may . . die martis . may , . whereas the lords in parliament , have this day been informed , that the king is resolved to adjourn the next term from westminster to york ; vpon which , the lords sent a committee to the lord keeper of the great seal of england ▪ to know of him , whether he had received any command touching the same , who acquainted the said committee , tha● he had received command from his majesty , to issue proclam●tions , and writs , to that purpose . whereupon , this house taking the said matter into consideration , hath voted : that the kings removall of the term to york , from westminster , sitting this parliament , is illegall . and hath further ordered , that the said lord keeper shall not issue out any writs , or seal any proclamation ▪ for adjourning the said next term from westminster to yorke , as aforesaid . ioh. brown cler. parliamentorum . imprinted at london for w. g. may the . . his majesties speech to the gentlemen at yorke on thursday last, being the . of may, . speeches. - - . england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties speech to the gentlemen at yorke on thursday last, being the . of may, . speeches. - - . england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) first printed at yorke, and now reprinted at london, [london] : maij . . originally published as his majesties speech to the gentry of the county of yorke. reproduction of the original in the caius and gonville college library (cambridge university). eng hotham, john, -- sir, d. jan. -- early works to . prerogative, royal -- england -- early works to . a r (wing c ). civilwar no his majesties speech to the gentry of the county of yorke, attending his majesty at the city of yorke, on thursday the of may . england and wales. sovereign c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms his majesties speech to the gentlemen at yorke ; on thursday last , being the . of may , . gentlemen , i have cause of adding , not altering what i meant to say , when i gave out the summons for this dayes appearance , i little thought of these messengers or of such a message as they brought ; the which because it concernes mee in what i intend to speake , and that i desire you should be truly informed of all passages between me and the parliament : you shall heare read , first my answer to their declaration of both houses concerning hull : the answer of the parliament to my two messages concerning hull ; together with my reply to the same ; and my message to both houses , declaring the reasons why i refused to passe the bill concerning the militia . all which being read his majesty proceeded . i will make no paraphrases upon what ye have heard it were more befitting a lawyer then a king onely this observation , since treason is countenanced so neare me it is time to look to my safety , i avow it was part of my wonder , that men ( whom i thought heretofore discreete and moderate should have undertaken this imployment , and that since they came ( i have delivered them the answer you have heard and commanded them to returne personally with it to the parliament : ) should have flatly disobeyed me upon pretence of the parliament command . my end in telling you this , is to warne you of them : for since these men have brought me such a message ; and disobeyed , so lawfull a command i will not say what their intend of saying here is , only i did you take heed , not knowing what doctrine of disobedience they may preach to you , under colour of obeying the parliament . hitherto i have found and kept you quiet , the enoying of which was a chiefe cause of my coming hither . ( tumults & ●isorders having made me leave the south ) and not to make this a seat of warre , as malice would ( but i hope in vaine ) make you believe . now if disturbances doe come i know whom i have reason to suspect . to be short , you see that my magazin is going to be taken away from me ( being mine own proper goods ) directly against my will , the ●●litia ( against law and my consent ) is going to be put in execution : and lastly sir iohn hotham , treason is countenanced ; all this considered , none can blame me to apprehend dangers . therefore , i have thought fit , ( upon these reall grounds ) to tell you that i am resolved to have a guard , ( the parliament having had one all this white upon imaginary iealousies ) only to secure my person , in which i desire your concurrence and assistance and that i may be able to protect you , the lawes and the true protestant profession from any affront or injury that may be offered , which i meane to maintaine my selfe , without charge to the country intending no longer to keepe them on foot , then i shall be secured of my apprehensions ; by having satisfaction in the particulars before mentioned . first printed at yorke , and now reprinted at london , maij , . the mistaken recompense, or, the great damage and very many mischiefs and inconveniences which will inevitably happen to the king and his people by the taking away of the king's præemption and pourveyance or compositions for them by fabian phillipps, esquire. philipps, fabian, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the mistaken recompense, or, the great damage and very many mischiefs and inconveniences which will inevitably happen to the king and his people by the taking away of the king's præemption and pourveyance or compositions for them by fabian phillipps, esquire. philipps, fabian, - . [ ], p. printed by r. hodgkinson, for the author, and are to be sold by henry brome ..., london : . imperfect: some pages faded with loss of print. reproduction of original in the cambridge university library. includes bibliographical references. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published 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markup reviewed and edited - pfs batch review (qc) and xml conversion the mistaken recompence ; or the great damage and very many mischiefs and inconveniences which will inevitably happen to the king and his people , by the taking away of the king's praeemption and pourveyance , or compositions for them . by fabian philipps esquire . — sic maesta senectus praeteritiquè memor flebat metuensquè futuri lucan . lib. , london , printed by r. hodgkinson for the author , and are to be sold by henry brome at the gun in ivy-lane , . to the old-fashioned and true-hearted gentry , and others of the english nation , and all who are wel-wishers to the honour and happiness of it . the designe of these few sheets of paper in a second justification of the antiquity , legality , use , right , reason , and necessity of the kings pourveyance , or compositions for them , and a demonstration of the many great mischiefs and inconveniences which will unavoydably happen both to the king and his people by the taking of them away , which was the endeavours of a larger treatise , is not only to epitomize some part of what is therein already expressed , but to add many things which were before omitted , to the end that such as being imployed in the publique cares and concernments of the nation , & have very little or no spare time at all to converse with books , or that those who do preferre the interests of their vanities or avarice before such better company , may with no great trouble or labour , read that which is more at large to be seen in the former book : but to take off the opinion and objections lately made of some who would perswade themselves & others , that the compositions for the kings prae-emption and pourveyance either taken for the king , or served into his house in kind or money , or by allowances for them , were when they were paid or served , a great burden to the people , and none or very little profit to the king , by that time that the cozening of so many officers and servants in his household , and their appetites of spoyl and rapine by their selling the kings meat as well cooked and dressed as undressed , and of his bread , beer , and all manner of household provisions to the inhabitants & housekeepers in the parts adjacent were satisfyed , and other their purloyning and trimly varnished over pilfrings and disorders , which an unpaid army , and the most unruly camps of souldiers or military men are not often guilty of ; and the tricks and artifices of the pourveyors and managers of the houshold provisions which in queen elizabeths time made a kentish yeoman pleasantly demand of her , being in her progresse , when she was pleased to talk a little with him , and he perceived she was the queen , if it were she that did eat up all his poultry , which upon her second thoughts and examination , and proof made of the knavery of one of her pourveyors , procured him shortly after a legal and wel-deserved hanging . that too many of his majesties servants employed in the affairs of his houshold provisions ▪ are little better then theeves in an yearly pay or pension , ravening tartars , or neatly cozening banyans ; and that the jews , or the most nimble cut-purses , jugglers , or hocus-pocusses do not , if any thing at all , much out-do them . but that being said and imagined only , and not ever likely to be admitted into the virge of truth or evidence , will for the most part be proved to be meer suggestions contrived and cast abroad by the insinuations of some who do seek to preserve their own , as they deem it happiness , and increase of fortunes , by the ruine and miseries of multitudes , or such as will take up reports , as many gentlemen do tradesmens deceitfull wares upon trust , and will prove to be no otherwise then as the blind man in the gospel did in believing men to be walking trees , when that which made them seem to be that which they were not , was his own mistakings , and by those , and other ungrounded scandalls , do as much service to the king by it , as the devouring ingrossers do usually do unto the people , when they take away the more honest gains of the retailers , to create unto themselves a liberty of imposing what rates they please upon them , and may be easily enough convinced by a discreet and juditious examination of particulars , h●aring of parties accused , survey of the excellent orders and government of the royall houshold , ( which are so exact , and limiting every officer to their liveryes , or stinted proportions , as some antient and very able knowing officers of the houshold who do well deserve to be believed , have averred , and will be ready to assert that the orders of the kings house are so very watchfull , vigilant , and preventing of chea●s and cozenings , as without a● universal combination of all the servants of the kings house ▪ which is never likely to be accomplished it is impossible that there can be so much as a loaf or manchet cozened from the king ) and the daily care of the lord steward , white-staved officers , and of the green-cloth , although the yearly salaries and pensions be the same for the most part which were in the reign of king henry the seaventh , when the kings provisions were so near the th●n cheap market rates and prices , as they had not so much as an aspect of grievance , when ten thousand pounds was a good dowry for the kings daughter in marriage with the king of scotland , ten pounds per annum a good annuity for a kinsman to an earle , a penny was but reckoned to an earle of oxford by his wardrobe keepers for a pair of gloves for his own wearing , and the value of silver by the ounce was then but little more then half a crown , and but creeping up towards three shillings four pence the ounce : and nicholas west bishop of ely in the th year of the reign of king hen●y the eighth ▪ keeping yearly one hundred servants in his house , gave the gentlemen and better sort of them but s. d. and to the inferiour sort but s. per annum , and the next year after that the ounce of silver was brought up to s. d. a fat ox was sold at london for six and twenty shillings , beef and pork for an half-penny a pound , and a half penny farthing a pound for veal and mutton , was by an act of parliament in that year understood to be a reasonable price , and with gain enough afforded ; and due consideration shall be had of the necessary differences which are to be observed betwixt the pensions , allowances and expences of many of the nobility and gentry of the best extraction and houses of the kingdome serving and attending in the kings house : those that stand before princes , and are to be clothed , as the holy book of god hath told us , with silk and soft raiments ; and those that are none of these , but do serve and take wages in houses and families of private men ; and that the majesty and honour of a king in the order and splendour of his house is not to be reduced to the pattern of private housekeepers , and the narrow and unbeseeming customes of their smaller estates and families . that the wast of honor and the more then ordinary fragments left in the kings house , as the remainders of the dyet provided for him and his servants for the food and sustenance of the poor , and such as will be glad of it , are but the requisites and appurtenances to the majesty and honor of a king , that sir richard weston afterwards earle of portland , and lord high treasurer of england , sir john wo●stenholme knight , sir william p●t● , and others , commissioned by king james to make a reiglement and espa●gne in his house-keeping , being men of known and great experience in the management of their own estates , could not then find any such things as have been since laid to the charge of the kings officers and servants in his house , that the pretensions not long after of better husbandry in the kings house by some niggardly contrivances , and serving some of the tables with half a goose instead of a whole , came to no more at the last then the obtaining of the pretenders self ends , and an annuity of l . per annum for th● lives of the pretender & his wife , and the longer liver of them , that the lord chamberlain of the kings housholds yearly fee of l. the treasurer of the housholds yearly fee of l . — s . and the cofferers yearly fee of l . measured and proportioned to the antient and former cheapness and means of livelihood , would have even then been very deficient for the support of such persons of honor and quality , if they had not had at the same time some seldome falling expectations of other favours and rewards from a princely master , and a present liberal allowance for their tables , which although it doth now stand the king , by the enhance of his rates and prices , in a great deal more then it did formerly , yet unto those that received those allowances for their tables and dyet , it is no more then formerly : for if an estimate were taken how much it would cost the king to make and encrease the salaries and wages of his servants and officers of all ranks and sorts , which in all the several offices and places , and dependencies about the persons of the king and queen are above one thousand , all or most of whom did when the tables and diets were allowed , intercommune , one with another , and were with many also of their servants fed with the kings victuals , and houshold provisions , to be according unto the rates of wages & salaries , and as much as they are now taken and given in private families and all were to be paid in money , and nothing in dyet , the kings treasury , purse , or estate would soon be brought to understand , that such increased allowances , or other allowances , pensions , wages and salaries , which must according to the rise and enhance of all manner of things conducing to the support and livelihood of such servants be now necessarily paid and given over and above the antient fees and salaries , would arise and amount unto more then all the charge of the pourveyance or compositions for them , whether it were thirty and five thousand pounds a year , or fifty thousand pounds per annum , which was laid and charged upon the counties , or more then the king is unjustly supposed to be deceived or cheated by his servants , or those which do direct the affairs of his houshold ; when it cannot escape every private mans judgement and experience in house-keeping that he that doth give his servants forty shillings per annum salary , and as much more to be added unto it in certain fees and profits well known , and calculated to amount unto no more then another forty shillings per annum . doth give his servant but four pounds per annum in the totall , and is not at all cozened therein ; and that it would otherwise be no honour to the king , but a diminution of majesty , and a temptation or necessity enforced upon his servants to deceive him , if the serjeant of the ewrie and the serjeant of the bakehouse , to mention but a few of many , should have but their antient and bare salaries of l. — s. — d. per annum , and want their antiently allowed avails and perquisites . that such short and now far too little wages and salaries to be given to the kings servants in their several honourable and worshipfull stations , would be unworthy for them to receive , and dishonorable for the king to give . and that the no inconsiderable summe of money which was yearly and usually saved by the venditions of the over-plus of the pourveyance or compositions for them , and imployed in the buying of linnen and utensils for the service of the house ; the now yearly allowances for diet to eight principall great officers and to seaven of the next principall officers , and what his majesty payeth yearly to others for board-wages , and what is enhanced and laid upon him by unreasonable rates and prices , now that his officers are constrained to buy with ready money , and to pay a barbarous interest and brocage to provide it , compared with what he now spends in his private allowances for his own and the queens diet , and some other few yet allowed tables , will make a most certain and lamentable demonstration , that the king and his honor were gainers by the pourveyance os compositions for them , and very great loosers by the taking of them away . and that he did meet with a very ill bargain by the exchange of his pourveyance or compositions for them , for a supposed recompence of fifty thousand pounds per annum intended him out of the moiety of the excise of ale , beer , perry , &c. but if the abuses committed by the servants and officers of the king within the house were so great , or any thing at all , as is pretended ( for as to the pourveyors , and those that act without dores , the law hath sufficiently provided ) they may certainly be rectified and brought under a reformation , without the abolishing or totall taking away of the right use of them , or that which cannot be spared , or by any means be abandoned , but may be dealt with , as we do by our wines , victuals , or apparel , which as necessaries of life are in their right use to be kept and reteyned , notwithstanding any misusage of them . or if the pourveyance or compositions for them were so much diverted from the use intended by them , yet that will not be any reason for the quitting of them without a due exchange or recompence , for that if they were all of them , ( as is meerly fained or fanci●d ) mispent or misimployed yet those that do mispend them , and they that have the benefit of them ( not that i would be an advocate to justifie the selling of the kings meat or houshold provisions unto any in the neighbourhood , or any accursed cheatings of the king , which i wish might be punished as felony ) are neither enemies or strangers to the nation , but the kings subjects and servants , and the children , friends and kinred of many of those which do contribute towards the pourveyance or compositions for them ; and that which is so misimployed , serves instead of some other largesses , allowances , or connivencies , which are usually in kings houses ; and whether well spent or mispent , being oblations and offerings of duty made by the people to their sovereign , are not to be denyed or retrenched , no more then the misbehaviour of the sons of ely , with which the almighty was so much offended , would have been any just cause of the children of israels forbearing to bring their offerings . it being no paradox , but certain enough that those seeming , but not reall grievances to the people , by the kings prae-emption and pourveyance , or compositions for them , have no other source or originall , then the rise and enhance of the markets , and all victualls and provisions , by which all the selling and richer part of the people are ten to one more gainers by the kings pourveyance or compositions for them then they can be loosers , and are better able to bear it ; and the poorer sort of the people were less grieved when it was not taken away , then they are now by the excise of ale , beer , &c. which comes in the place or pretended recompence of it , that the gentry and landlords of the lands in the nation , who by heating of those lands that were cold , drayning and drying of those that were wet and moist , watering of such as were dry and sandy , and planting of wood and fruit , have brought their lands to a greater increase and fertility , not yet come to its acme or just height , then the former ages , and a thousand years knowledge or practise of our forefathers , the inhabitants of this nation could before this last age or century wherein we are now ▪ ever reach or attain unto : and the landlords of houses , innes , taverns , shops , or stalls in london , who have now by the increase of tradesmen rather then trade raised their rents ten or twenty to one more then what they were one hundred years agoe , might in some measure or moderation have taken their advantages of the improvements of their lands , rents , houses , and shops , without such an overstretching their rents , as the tenants where they have no leases , but at will or from year to year in some counties of england should be enforced , as many have lately been to throw up and forsake their bargains ; and that all or any of that over-high racking the rents of lands and houses , or a supposed plenty of money , ( which in the time of the greatest enhance and rack of rents , rates , and prices which ever england did see or endure , is now so scarcely to be found , as the universality of the people do heavily complain of the want of it ) and the product or consequence of that evil in a like enhance of rates and prices by the freeholders and copyholders , who pay no rents , ( as farmers do ) and by the tenants of the king , queen , prince , or bishops , & some of the hospitable and well minded nobility and gentry , the tenants of the church and colledge lands , and of lands belonging to cities , corporations , companies , and hospitals , who have cheap and comfortable estates and bargains , and yet do all they can to imitate them , although they have no cause to do it , which would be much higher . if all the copihold estates in england and wales were at as great a rack of rent as the lands of the most of farmers . if all the privileges and rights of common estovers and turbary , modus decimandi , and exemption from the payment of tythes and tolls were abrogated . and if the king should keep the same rule and measure of high rating and racking of his revenues certain or casuall , as many landlords do ; or make our east-india merchants pay for their licence or priviledge of trading to the east-indies , all others being excluded for one and twenty years , a share or proportion amounting in the whole very near a million sterling money , as the dutch have made their east-india company to do , could not be the only proper or efficient causes of that long-strided and swift progresse , and increase of the rates and prices not only of victuals and all houshold provisions , but of all manner of commodities , apparel and necessaries either for use or ornament . so as we shall not conclude without premisses , or be thought to want a ground or foundation of an irrefragable truth , that lucifer the great merchant and furnisher of our sins and excess , and of the great and intollerable pride of all the degrees and ranks of men , women , children , and servants in the nation , as far beyond the former ages as a giant is to a pigmee , or pauls steeple in london when it was highest , to the pissing conduit ( as they call it ) in cheapside , and the avarice of the people to maintain it , together with the necessities attending their pride and vanities , have been no small part of the cause of it ; for otherwise it would have been some difficulty to find or give a reason why we should not in england , a kingdome , untill our late times of confusion , of the greatest peace and plenty in christendome , be able to afford victuals , and all manner of provisions for the belly and back as cheap as in france , where notwithstanding the heavy oppressions and burdens of the paysants , who do fare hard , and are ill clad ; and by reason of the frugality of most of the gentry , a partridge may be bought for ●our pence , and a gentleman and his horse at night be very well entertaind for four shillings : or as in spain , where a bando is yearly made by the corrigidores of every city and place ( which the civil law doth allow and direct , and our laws of england do as to victuals also intend ) setting yearly the rates and prices not only of all victuals and houshold provisions for the belly , and of fruit and apples , but of all commodities , as linnen and woollen cloth , silk , knives , ha●s , &c. where notwithstanding their continuall warres , and multitudes of heavy taxes to mainteyn them , there is a cheapness of victuals , and such an absence of deceit , as a child , or the most ignorant way as to measure , weight , and prices , buy and not be deceived . or as is in the same manner done at rome , naples , florence , milan , and most of the principalities of italy , not so freed from publick burdens as our more happy england is at this present ; which neither would nor could be there ever submitted unto and obeyed as it is , if the pride and necessities , or avarice of the landlords , and the pride of the tenants ( which the pragmatico's forbidding the pride and excess of apparel , do in spain very much eradicate ) were not less then ours , and their frugalities more ; and such restrictions and reglements thereby made to be the more tolerable and contenting . and those that do like it more then they should , and shall be content to imploy their times in the pursuit of vanities , and means to mainteyn it , and forsaking the old and good wayes , and seeking gain , do sacrifice unto their nets , and burn incense unto their drags , may have that said unto them which the apostle st. paul did ●n another case to the romans ; what fruit have the intollerable pride and excess of the nation , and the high racking of rents to mainteyn it , brought unto those that have taken pleasure in it . and they that have so much delighted in it , may now , if they please , or at one time or another , understand whether they will or no , that the overmuch raising and stretching of the rents of the lands and houses in england , since an excessive pride and folly of the people is come to be so much in fashion amongst us , have been no gain to the nobility and gentry , but will be a great loss and damage unto them by that time that the wastfull and prodigall part of them have bought and furnished their houshold provisions at the dear rates of their tenants and others , of whom they do buy them , and their apparel and other the merchandises of their follyes of the citizens and trades-men ; and not only therein bear the burthen of their own , but of the intollerable pride and gallantry of the citizens , tradesmen , mechanicks , artificers and their wives and children , and in all that they do buy of them , do contribute to the costly pearl , neck-laces , diamond lockets , and other jewels , satten and cloth of silver peticoats , plush gowns , embroderies , gold-lace , gorgets of threescore pounds a piece , and lace of twenty or forty pounds a yard , worn by the merchants , drapers , and mercers wives , and the silk-gowns , hoods , laces , and over-costly apparel of the mechanick and artificers wives in their desires and ambition to live like the nobility and gentry , when no man can tell they are any , or ought to be . that the enhance of all provisions of victuals brought to london out of the countries , hath made the country people pro●der then they should be , and the city wares and commodities dearer then otherwise they would be , and made the citizens , in the pursuit of pride and luxury , run out of their wits and estates to purchase it . that it was better in former times for the artificers and day-labourers , whose more moderate expences in their ●●veral conditions and qualities made them heretof●re with a fourth or fifth part of what they do now earn , greater gainers by their labours then now they are , and better for servants , whose far lesser wages then now , they will be contented with , did amount unto more , or as much as they do now gain , by reason of their former smaller expences in clothes and apparel . the tenants and farmers lived better when they plowed their landlords lands , mowed , reaped , and helped in with their harvests carried home their wood , and paid small rents , then they have or can do now that they are strained to the highest , those labours and services coming far short ( if they were at the now rates to be hired or paid for ) of the addition , which time and change of manners and customes have since made to their antient and unimproved rents . that the people of england , if there had been no other ground or reason for it , might well have afforded to have given the king so much as they were yearly charged with the pourveyance or compositions for them for an acquital of more then twenty years arrears of it by the act of oblivion . that if an estimate could be made of those millions or summes of money sterling , which the en●hanced prices and rates of victuals and houshold provisions did amount unto yearly since the th year of the reign of king henry the eighth , and what the rise of victuals and houshold provisions have come unto yearly since the pourveyance and compositions for them were laid down , and what it may more be stretched unto , if pride and price , not like castor and pollux , to bring our ship into the port , but to ruine it , should go on in that carreer it is now in , and private and particular interests more mighty and prevalent then all those imaginary monsters which hercules is sa●● to have subdued , and of a greater force then that devil and his heard called legion , which our blessed saviour did dislodge out of the man possessed with them , shall be ayders and abetters of it . there is no man that hath not bid defiance to his reason and understanding , but will acknowledge that the people of england had better give ten times or more the yearly rate or value of the pourveyancees or compositions for them then endure the impositions , which they have , or shall put one upon another whilest every man will seek to save himself and make his labour or commodity afford him as much as he can to recompence him for it . that the unreasonable rates and prices put upon all the kings occasions or services by land and sea , are and will be the cause of taxations and assessements in times of peace three to one more then formerly . and the levies of monies to hire souldiers , and raise and maintain mercinary armies , will amount unto and charge the publick ten or twenty to one or more than when by the help and ready ayds of tenures in capite and by knight service our gallant and well-armed nobility and gentry could upon any occasions of warre or distress either at home or abroad be sodainly summoned and made to appear from ireland as well as from all parts of england and wales . and so readily as king william rufus sitting at dinner in westminster hall , and hearing that mayne a town in normandy was much distressed by a sodain siege laid unto it by the french king , and resolving in the greatness of his mind not to turn his back towards it untill he had relieved it , could cause the wall to be broken down on the south side , and passing towards the sea coast , command his nobility and knights speedily to follow him . that the unparrallel'd pride of almost all rancks and degrees of the people not permitted in france , spain and other neighbour nations brings our forreign trade almost to nothing by the adulterating of our commodities , and making them false and slight , and causing the charges to be much more then formerly in the work and making of them , pay of our mariners and greater rates of victualling , so as we being not able to make our manufactures so cheap as other nations , and making them slight and false , our trade must of necessity more and more decay , and will never increase or be advanced , if the dutch were banished out of the world , or ordered to trade only in the bottom of the sea , and leave all the surface or top unto us ; the cheap diet and clothing of their common people , the neat and frugall diet , and the apparel of the burgers , and those that they call the gentry , giving them the advantage of under-selling us . for we may be sure that there will never be cheapness of victualls , or houshold provisions , or good trading , and truly called plentifull living , if citizens wives , and some of no higher a rank then sc●iveners , shall have their trains born up at funeralls , as if they were countesses , or baronesses , and give the world to understand by that nove●int universi , that pride hath made them run out of their wits , and may in a short time , after that rate make their husbands run out of their estates . and if taylors wives may , as they are not now ashamed to do , wear pearl neck-laces of or l . price , and some of the greater sort of that now too overbusied profession , keep their coaches , and make their customers pay for it . a linnen draper being to buy an horse for his own use must have one at no lesse a price then forty pounds : the wife of a sales-man , or one that sells petticoats , wastcoats , or gowns , trimd , and made up in a seeming cheap , but a most deceitfull manner , for servants , or people of ordinary quality , can wear a neck-lace of forty pounds price : and some shoemakers wives do not think their husbands do go to the devil fast enough , if they do not so abuse the more honest intentions of their trade , as to make their wives learn to hold up their heads to shew their pearl neck-laces of forty or fifty pounds price , which is many times more then all the shoes in some of their husband shops are worth : every cook , every alehousekeeper , and the lowest and meanest sort of mechanicke and handicrafts men , and their wives , shall be permitted to vie in 〈◊〉 apparel , and manner of living with the nobility and gentry : a frock-porters little daughter shall go with her breasts and shoulders naked , white shoes , coif and pinner well laced , and all to be ribboned : and a day-labourers wife in the country , within the infectious breath of the pride of london , wear her taffata hoods gold and silver-lace , and a gorget not much below the yearly rent of the little tenement her husband is at night glad to rest his weary and durtied limbs in : and that there will be never any hope or possibility of any thin● ▪ but high rates and prices , vices and villanies , when th●● do so hugely ●ise and ●ncrease by reason of the pride of the nation , as the keeper of the bo●●om●●ss pit , and its everlasting burnings , may well rejoyce in the plentifull coming in of his harvest and merchandise ; and that if there were nothing of wickedness to be found in the heart of mankind , that most fertill seminary and seed-plot of it , and no other cause for it , the only excessive pride of the nation would by a necessity of providing maintenance for it , be a cause efficient and impulsive to make or foment all manner of wickedness , fraud , cheating and cozenidg , drive the wives and husbands to betray one another , servants their masters , children their parents , parents their children , and brothers and sisters to forego all naturall affection , care and honesty one towards another . that it is , and will be impossible by any trade or industry to mainteyn this nation in either peace or plenty , when all the men in it shall in their apparel , dyet and expences make it their business to live as the nobility and gentry do & most of the female sex ( servants not excepted ) shall not be contented themselves , or let their husbands live in any quiet , unless they may live like ladies and gentlewomen , and be the daughters of vanity and folly . that at paphus and ciprus the old and antient countries of venery as well as vanity , where their daughters do , ( as some authors have written , and travellers do report ) entertain strangers by prostitution of their bodies , to get dowries or portions for some mad husbands to marry them . and in all the luxuries and pride of rome , asia , tire and sidon , and all other the destroyed and ruined nations by it , there were some distinctions in apparel , dyet , and expences ; some servants distinguished by their habit , and not all masters or mistresses to be found amongst them . and that england being overchaged with a generation of too many proud , lazi● , and lavish people , is not ▪ nor ever will be able to maintain them without a sinfull necessity put upon the nation , as there is too much already , to cheat and oppress one another to support them in it . and should have more reason to believe then to doubt , that the honor of a prince is the honor of a people , and the people so much concerned in it , that it was wont to be a cura curarum , one of the greatest cares of the magistrates under kings and soveraign princes seculis retroactis in the old and long ago past ages of the word attested by the hoary heads of time & antiquity practised by a jus gentium , universal law of nations , rude and untaught indians not excepted , and continued to this day in many forreign parts , and most of the western nations , to give an especiall honor by gifts , enterteynments , and presents to embassdours , who in those particular employments were but the images and representations of foreign princes sent on embasses unto theirs : and that we ought to take it to be a duty incumbent upon us not to want , or be to seek for as much goodness as the old heathen persians were masters of when artabanus told themistocles the graecian embassadour that apud nos ea lex praestantissima qua● venerati regem tanquàm dei effigiem jubet , with us ▪ that law which commandeth reverence to the king as gods image , is accompted to be the most excellent . and therefore untill the wisdome of our parliaments shall by some sumptuary laws to be enacted , which may as easily be done , and put in execution , without any damage or loss unto trade , or his majesties customes , a● those that were made and enacted in the reigns of king edward the third , henry the eighth , and queen mary , unhappily repeald by king james , or those not long ago made and kept alive by our neighbours of france and spain , or lately ordained by the sage venetians : or by the swedes , those strangers to the sun , and inmates of snow and ice , after they were grown rich and proud by the spoil and plunder of the unfortunate germany , and a way may be found out to drive back , and reduce unto some order , as formerly the unchristian liberty of pride now in fashion amongst us , which is so horrid and ridiculous as might turn the weeping and laughing philosophers out of their humours , and make heraclitus laugh , and democritus weep ; together with the daily more and more growing and encreaeasing high rates of victuals and houshold provisions , which is , and will be the sad consequence of it . and is so fixt & pertinacious , as that the kings own example of plain and uncostly apparel , the care of the church and pulpits , the scourging & detestation of vice appearing in some of our plays and interludes , and the jeers and scoffs of some people as they meet with it in the streets , have not yet been able to bring or perswade too many of them into their wits again , the compass of their estates , and sobriety of their forefathers . we may wish and pray that all the common people were in the moderation of their apparel , quakers , as they are called ; that all our market-folk , tradesmen , artificers , and servants , as to the justness of their dealings , and buying and selling , were quakers , and that it may not be our sad , and never enough to be lamented experience ; that as doctor peter heylin well observed , the afflictions of the church of england in the martirdomes and persecutions of the protestants in the reign of queen mary , and the restoring afterward of many godly divines that fle● from it , brought 〈…〉 the genevian schismes and discipline 〈…〉 since almost undone and 〈…〉 which were heretofore purp●s●ly ●own and cherished to enervate and destroy ●ona●chy joyned with th●●ll manners and customes of some neighbour nations , may not likewise by some that might be better englishmen , and his majesties better subjects ▪ be more then should be endeavoured to be planted amongst us which being abundantly and sufficiently tri●d to be evill , did never , nor will ever attain unto the reason , right use goodness and perfection of our good old english customes , amongst which is , and ought to be more especially ranked the honor and support of the royall court of england , majesty , and honor of our king and soveraign : which the romans , who would not endure any common-wealth , competitors , nor think themselves to be in any condition of safety untill they had ruined and destroyed carthage , and those commonwealths of achaia , athens , and sparta , were so unwilling in the height of their glory , their senate , magistrates & republick should want , as the comminalty of rome did in a popular election , deny to make elius tubero , a most upright and just man , the nephew of l. paulus , and sisters sonne of the great and famous scipio africanus , to be a prat●r or lord chief justice , for that he being imployed by fabius maximus publicquely to feast or entertain in the name and at the charge of the people of rome , his uncle scipio africanus in the preparing and making ready the triclinia , or tables lectulos punicanos pellibus ●aedinis straverat , had covered the carthaginian beds whereon the guests were to sit or lye , with goat-skins ; & pro argenteis vasis samia exposuerat , and instead of silver vessels made use of earthen ; which due observance of a heathen republique , being under no obligation of any divine praecepts or examples to honour their governours or assembly of wise men , may teach us that are christians how very necessary it will be to take more care of the honour of our prince , then of any our own estimations or honors , which for a great part of them are , or have been derived from him or his most noble ancestors : and by so much the more for that the honor to be done unto him is every where to be found commanded , directed , exampled , and encouraged in and by those sacred registers , the holy scriptures , which are to conduct us through the red sea of the miseries and troubles of this life to that of a blessed and everlastingly happy in the heavenly jerusalem , in the way whereunto will be no small helpers and assistants , the rendring to caesar all his dues and rights , who is the protector of ours , a more exact and carefull observance of religion , laws of nature and nations , right , reason , our oathes of allegiance and supremacy , and the love and honour of our king and country , the n●w almost forsaken virtues of our ancestors , and the good old customes of england , which should not like some rustie pieces of old neglected arms be hung up in our halls , and now and then only talked of ; or like as if they were some race of wolves come again to inf●st us , or our profits , be hunted and persecuted , but recalled , revived , and practised ; in which , as a fidus achat●s , shall never be wanting the wel-wishes and endeavors of fabian philipps . by the laws and custome of england as well as of other nations where monarchy , or the right way and order of government hath any thing to do , the king hath a controll of markets , may regulate & order the price & rates of victuals & houshold provisions , and hinder it from being excessive : as likewise may the lords of manors in their leets , the sheriffs in their tournes , the justices of the kings bench , justices of peace , and justices of assize at the quarter-sessions and assizes by an authority derived from him . which when it was better observed then now , made the market rates about the fourth year of the reign of queen elizabeth to be , if any thing at all , but little different from her price , or those compositions for her houshold provisions , which by agreement made by the justices of peace of the severall counties , with the offficers of her house were to be furnished according as the counties were more or less distant from london , the place of her residence , and the profits which they received thereby in the improvement of their lands , and selling their commodities at greater rates unto others . and was the cause , besides the duty and obligation of it , that the kings praeemption which should not be denyed , as long as civility and good manners , and the fifth commandement shall continue or be in use amongst us . and the royall pourveyance , ( warranted by the lawes of god , nature , and nations , aswell as by the civil law , the universal and refined reason of the civilized part of the world , and the common law of this nation : ) having dwelt here amongst us above the age of methusaelah : and as retributions and gratitudes in signe of subjection , paid and allowed in other nations by the heathen and savages as well as christians , were not in the right use of them , untill our late times of rebellion and confusion taken to be either a grievance or burden unto the people . for that which ( besides the designes of the levelling party , and such as were the professed enemies of monarchy and majesty , and the ill impressions which they have cast into the minds of such who have too much believed them , ) hath made them to seem that which they are not . hath been the rack and enhaunce of the rents of lands by the nobility , gentry , and landlords . the increase of servants and labourers wages , and the high rates imposed by tenants and farmers upon victuals and houshold provisions which ( if it were not for the pursuit of pride and vanity , and the peoples racking of one another to maintain it , ) might be afforded cheaper then it was in the th year of the reign of queen elizabeth . and as they are now raised to immoderate rates and prices do make a desert in our land of canaan , and a generall enhaunce of all things in the midst of a plenty ; wherein every one is sure to be a gainer or saver , but the king. who by the loss of his praeemption and pourveyance is made to be the only sufferer , and as to the market rates in a worse condition then any lord of a manor or clark of the market . to his damage , besides the loss of hono● in his house , and many other inconveniencies of more then one hundred thousand pounds per annum . which may appear by a true and exact calculation or estimate following . in o. eliz. the difference between the market and the queens rates in the composition made for the pourveyance , ( the spices , and grocery-ware , excepted which doth now yearly cost the king three thousand pounds per annum ) was but twenty five thousand , twelve pounds four shillings eight p●nce . when the price of the oxen as they a●e now bought , is three to one , more than they were then , of the lambs eleaven to one , fat sheep four to one , chickens eleaven to one , wheat five to one . in yorkshire and some other remote countreys , the price of the oxen near four to one , and in suffolk , and other southern countries , course butter then at something less then two pence half-penny a pound , now six pence a pound . which difference betwixt the kings price and the market price but according to three to one , will after the rate of twenty five thousand pounds per annum , multiplyed three times over ; amount unto one hundred thousand pounds per annum , and make the kings loss to be as much , and the counties ( especially many of them which are neer adjacent to london ) so much and a great deal more , the gainers by selling to their fellow-subjects after those more then formerly enhaunced rates . and what wanted in those provisions or compositions served in by the counties ( for that did not reach to the defraying of all the charges in the house , ) as to dyet , and servants wages , and the buying of some utensils and necessary houshold-stuffe to be used in the affairs of the houshold . being supplyed by some yearly assignations and additions out of the royal revenue , and some of them by several acts of parliament : and king charles the martyr , after a putting down of more then a third part of the tables and dyets in the royal houshold , as they were in the reign of king james his father , and putting many of the servants unto board-wages , with some short and prejudicial allowances for their dyets ( ●hich lessened his charge as to the dyets , as much as thirty thousand pounds per annum , and was the cause of as much losse to the servants ) making his assignation , together with what the compositions for the pourveyance , did then amount unto ( which in the difference betwixt the kings price and market rates , at that time was estimated to be less then fifty thousand pounds per annum , ) to be one hundred and twenty thousand pounds for the defraying of the charges of his house-keeping . in which yearly charge of the houshold , the king allowing seventy thousand pounds per annum towards it . and the benefits by the compositions for the pourveyance , as to what the countries paid , ( and as to what the king saved by it , ) being reckoned but at fifty thousand pounds per annum , which is much too low . there will by the taking away of the prae-emption and pourveyance , or compositions for them be not only that fifty thousand pounds per annum , in damage and loss to the king , but a great addition of losses , and damage , as followeth , viz. for the carriages now , that the price is raised two in three and more then formerly incumbred . per ann . - l. — s. — d. and when there shall be progresses , will at the least amount unto two thousand pound per ann . more - l. — s. — d. the venditions , which were the over-plus , and what was not spent or used of the provisions of the countyes ; with the profit of hydes , and tallow , &c. & were usually sold towards the furnishing of other occasions of the house ; as for buying of linnen , and other necessaryes and utensils thereof per ann . — l. - s. - d. the profit and benefit of lean cattle , served in at small prizes , and heretofore fatted in the kings pastures at creslow in buckinghamshire ; the rent deducted . per ann . — l. - s. - d. and was wont besides to furnish for the stables as much hay as was worth . per ann . — l. — s. - d. and as many fatt cattle sold as yearly yielded . — l. - s. - d. the kings pastures and fatting grounds at tottenham-court in middlesex , and sayes-court in deptford in kent , yielding for the aforesaid uses more then the now rent which is reserved upon them . per ann . — l. — s. - d. allowances in satisfaction of diet now made unto eight great officers or principal men of the houshold for their tables and diet after the rate of four pounds per diem . being l. to every one of them , and the moyety or one half thereof reckoned at l. and multiplyed by eight , amounting unto per annum . — l. — s. — d. allowances made unto next principal officers of the house in recompence of their diet and tables after the rate of s. per diem to each of them being l. s. d. and but the moyety or one halfe thereof brought to accompt , which is — l. s. d. and multiplyed by . amounts unto per annum . — l. — s. — d. ( besides many other allowances unto divers others of the houshold who had formerly three dishes of meat allowed them every day in the year not here reckoned . ) for board wages to many other officers and servants in the royal family , whose wages when there was diet in the court to suffice all the servants of it ▪ and reteyners unto it ; will fall farre short of what they will have a necessity aswell as reason to demand . per annum . — l. — s. — d. the compositions of the brewers of london and the adjacent villages , in lieu of a groat for every quarter of malt which they brewed , which was formerly paid , and is now remitted by reason of the excise . per annum . — l. — s. — d. the excise which the king pays for his own beer per ann . — l. — s. — d. the d. a piece every day to as many poor people at the gate , now given more then formerly , by reason of the fragments of the tables , put down , and other charities heretofore allowed them taken away per annum . — l. — s. — d. the future and continual enhance of prices assisted by that accursed way of poundage of twelve pence in every pound for all that he buyes or payes for ; which he will be sure to pay for at the last , though others are constrained to abate and pay for it at the present . and his too often buying upon credit and paying for many things as much as an interest of or per cent . which put together may in the usual & annual expences of his houshold instead of the l. ( if so much ) were contributed by the pourveyance , amount unto little less then a half more then formerly laid out in most parts of his provision , and a th●●d part in the residue , he being now enforced to purchase the victuals and food for himself and his houshold , at a far greater rate then any of his subjects . — l. — s. — d. besides what may be added , for the tricks & pilferings of inferiour servants of the houshold , and their taking indirect courses , and advantages to make up , or recruit their losses and the damage which the king may susteyn by having such his servants metamorphosed and turned into hunger-starved ratts , which will be nibling and gnawing at every thing which they can come at ; and may be catched , but are not to be destroyed by drowning or poisoning . and the loss and diminution of the honour of the king in his royal houshold , which is , and ought to be inestimable , and as much beyond a valuation . as the honor of a sovereign prince , is , and ought to be above , and beyond that of the vulgar , or any private person , which may bring us to this conclusion that although fifty thousand pounds per annum were in the granting of a moyety of the excise to the king , his heirs or successors intended to be allowed for the pourveyance or compositions for them which did cost the kingdome yearly , and communibus annis , but twenty five thousand and twelve pounds , or thereabout , in the year of the reign of queen elizabeth ; and in the third year of the reign of king james not much above forty thousand pounds per annum ; and in the reign of king charles the martyr , at the most but fifty thousand pounds per annum ; 〈◊〉 whether more or less , is not to be found in the receipt or yearly income of that revenue of the moyty of the excise . for that the totall of the clear yearly profit of the moyety of the excise , allowed unto the king for the exchange of his tenures in capite , and by knights service , and the pourveyance or compositions for them , doth not amount unto ( the charges of the collection deducted ) above one hundred and twenty thousand pounds per annum . is likely to be lesse by reason of an universall poverty of those which should pay it , making a large accompt of many desperate arrears , and of the farmers in many places letting it three or four times over to others under them , and so very much racking and oppressing of the people ; ( if but half of what is complained of be true ) as many private families do to avoid the gripes of the excise-men , and the knavery of the common brewers , set up brewhouses for their own occasions . and will be too little for the exchange or purchase only of such a principall flower and support of the crown , and an eminent part of the royall prerogative , as the tenures in capite and knight-service are , which in yearly revenue yielded him above one hundred thousand pounds per annum . and for that the power , might , and majesty of a king being unvaluable , is not to be ballanced by any thing which is not as much . so as the damages and losses susteyned by the want of the pourveyance or compositions for them , besides what shall be paid more then formerly for the charges of the stable , impressing of workmen for the kings occasions by the master● of the works , the king now paying every workman eighteen pence , or two shillings per diem , when it was before but twelve pence , and the charges more then formerly in the pourveyance for the navy , ship-timber , ammunition , and carriage thereof , &c. and many other losses not here enumerated , will be no less then the sum of one hundred seven thousand and fifteen pounds five shillings . and a too certain totall of that which is here valued and brought to accompt , besides the unvaluable honour and power of the king , loss and ruine of his servants , and what indirect courses may intice them unto . which needs not be doubted , when as by an exact and carefull accompt given unto the lords in parliament , in or about the third year of the reign of king james by sir robert banister knight , then one of the officers of his houshold , of what was yearly saved to the king by the compositions for the pourveyance over and above the yearly value of what it cost the countries ( when the rates were both in the country and city of london not by a third part , and in many things a half and more , so much heightned as now they are ; and a project of purchasing the pourveyance from the crown for fifty thousand pounds per annum was in agitation ) there appeared to have been yearly saved ▪ by the compositions and commissions for pourveyance the sum of thirty four thousand eight hundred forty six pounds ▪ ten shillings and six pence ; and in the office for the stable two thousand six hundred ninety and eight pounds ; which made a totall of thirty seven thousand five hundred forty and four pounds ten shillings and six pence ; and probably might be the reason that that unhappily after accomplished designe did then vanish into nothing . . nor will the yearly damage & losses of the people in the totall arrive unto a lesse , when they shall finde the moyety of the excise not amounting to one hundred and thirty thousand pounds per annum in the utmost extent and income of it , without deductions or defalcations to the officers imployed by his majesty therein to be doubled and made as much again upon them by the fraud and oppression of the brewers , little malt put into their beer , and ill boyling of it , and lesser measures sold by the inkeepers and alehouse-keepers : and yet the brewers being paid the excise of beer and ale by the housekeepers and retailers , as much as they do pay to the king , and a great deal more , by reason of the excise of three barrels of beer , and two of ale in every twenty , allowed them will not think it enough to cozen and abuse the people whose good and evil , and profit and loss is included in that of the kings , unless they do also by false gaugings concealed brewings , and other ill artifices , use all the wayes and means which they can , to make themselves great gainers by deceiving the king as well as the people , and will like too many of their fellow citizens , the great tax-improvers and advantage-catchers of the kingdom , be sure to be as little loosers by it as the fox would , if a monthly assessement should be set upon him for his subterranean boroughes and dark labirinths ; or the griping usurer , the biting broker , and the knavish informer would be if an yearly imposition or tax should be layd upon their ungodly and oppressive gains and imployments . . neither will the peoples loss & damage be lessened when there shall be a scarcity of food & provisions at the markets in regard that the kings officers and pourveyors for his houshold shall now be constrained to buy his houshold provisions in great quantities at the markets or shops in london , or in the counties adjacent , which were wont to be served in kind by the several counties of the kingdome . . and there shall be an enhaunce of prices and market-races , which since the acquittall or laying down of the pourveyance or compositions for it , are already about london and westminster found to be at the least two pence in a shilling more then it was before ; which being a sixth part , will when it shall be raised and made to be an ordinary rate through the adjacent counties to london and westminster make no inconsiderable burden or charge to the inhabitants , and a greater , if either all or some part of that more th●n formerly raised price , shall by necessity or imitation , and the vast and excessive pride of most sorts of people , diffuse and spread it self into all other parts of the kingdome , and a great deal more if those insana praetia , unreasonable rates , shall , as they are most likely , by the high rack of the rents of lands , servants , and laborers wages , and all manner of commodities which are sold , either for the belly or the back , or for necessity or pleasure , creep and climb higher and higher , untill pride and excess shall have made our heretofore more prudent and frugall england , by too many of her natives want of money , for want of wit , to be a bankrupt . which may well be suspected , when as experience , the mistress of fools , but the guide and direction of wiser people , hath assured us that the price extorted from the king will make the nobility pay the dearer ; and the rates which their example will enforce or entice the gentry to pay , will infect and prejudice the marketings of the common and buying part of the people ; as we have lately seen in the rates and prices of horses ; not by reason of any exportation or sca●city , manage or fitness for warre , or extraordinary swiftness for running or races ; but by the careers of prodigality , humour , affection , or fancy of too many of the nobility or gentry , mounted from ten or twelve pounds price for a horse for a man of worship within thirty years last past , to the ordinary rate of , , , or l. and sometimes l. which hath unnecessarily drawn some hundred thousand pounds sterling out of the purses of such who are but small friends to their own estates , in bidding too much , and accustoming the sellers to demand or insist upon such excessive and reasonless rates and prices . . and by the want of progresses , when the king not having his pourveyance or compositions for them , and carriages as formerly , sha●l not be so able as he should , to make our pool of bethesda itinerant , and visit the severall parts of his dominions , either for his recreation , or the better survey and inspection of the government , and his peoples grievances , as king alfred , king edgar , and king henry the first , and all their successors , his majesties royall progenitors were wont to do , whereby to diffuse their comforts and graces , with which many a family , and many a town and corporation have been blessed and bettered ; and otherwise would not have had an opportunity to obteyn them . . when there shall be necessities and poverty put upon some hundreds of families , which were either his majesties servants , or in relation unto them ; and upon many an housekeeper in westminster , and the neighbourhood of the kings residence , who have had a great part of their subsistence by the influence of it . . and the peoples damage and losses shall likewise be heightned and increased by the many cravings and projects which the wanting or necessitous part of the kings court may trouble both him and his people withall . . or by the casting the king into importunate and irresistable necessities ; and forcing the lyon to hunt and range the fields and forrests , and prejudice the people more then otherwise he would in the quest and pursuit of what is but his own ; or to couch and lye down in his den , and resolve to lay his paw upon what are his own rights , and be less liberall in his favours . . or by denying him what is his own , be , for want of a lesser summe of money for defraying of necessaries , a cause of raising subsidies , or taxes , which cannot be so equally or justly charged , as to even , and make them to be no more then the summe of money demanded , and to be furnished . . and by compassing and encircling their sovereign with wants and pressures more then would otherwise be , if he had either his own , or a sufficient supply , make themselves the efficient causes of what they compleyn of ; and by being stubborn , stiffneck'd , unquiet , and disobedient , instead of duty and retributions to a gracious king for the daily blessing of peace , plenty , protection , pardons , and multitudes of favours , gifts , and grants , out-do the ungratefull israelites in murmuring with quails in our mouths ; not in the deserts of arabia ; but a more plentifull land then that which was said to flow with milk and honey . and a cause also of increasing their own taxes which are more many times the impositions by themselves upon themselves then impositions of their king , and rendring themselves thereby as much guilty of folly , as they that will not be diswaded from planting and sowing weeds and tares and will notwithstanding come weeping home from their expected better harvest , for that their carts are not pressed down with sheaves of corne and wheat , and their labour was but to fool themselves . all which and many more inconveniences losses and damages to the people by the kings want of the royall pourveyance or compositions for them , which was the smallest and least chargeable part of an yearly thankfulness and oblation which ever was given to a king by a people , would neither happen nor needs to be at all . if they would but remember the days of old , the kindness of the king and his royall progenitors , and the chearfully heretofore paid duties and retributions of their forefathers , and take it for some of their happiness that they are not by god almighties displeasure for their unthankfulness put in minde of their former miseries by any new adversities , or made to keep an yearly passeover with bitter herbs , and now that the royal revenue hath been so much impaired by a continual bounty unto many of themselves or their ancestors and their supplyes of it doe fall very short of what was expected or intended , and the fifty thousand pounds per annum intended as a recompence for the pourveyance or compositions for them proves to be not only not a recompence sufficient but a meer nullity , and if it had come up as high as it was supposed appears to be but a damage and a canker or gangreen eating up or taking away too much of the rest of the kings revenue . be sorry that it is so , and make haste to returne again those little oblations unto their king , when london , and . or more adjacent counties unto it do yearly gain times more by the residence of himself and his courts of justice then they doe amount unto , and doe unto him in the easing of his burdens , as he and his royal progenitors have done unto them in any of the complained of burdens of them and their forefathers , by many times laying to sleep some good laws & constitutions , which though at the making thereof they were most just and rationall , would now by the rise of silver two to one more then formerly , & the change of times and customes , be very prejudiciall and burdensome unto them . as king henry the first did by no law or act of parliament , but his own good will and promise , calculated only for that present age or reign ; but since observed by all his successors , in the change of his rent provisions into rents of money ; many of which being now and ever since paid in small quit-rents , made that part of the people very great gainers , and that king and his heirs and successors to be loosers more then fifty thousand pounds per annum , or the greatest extent of the nations yearly charge for the royall pourveyance , or compositions for them did ever amount unto . and as the asise of bread , bear and ale in h. tertii , which holds no proportion with the now assize or rules for bakers and brewers , but very much differs from it , and exceeds it , was not for many ages past , and in some plentifull years in our memory kept , when corn , wheat and malt did fall within the virge or direction of that act of parliament , or ordinance rather of the king , without an act of parliament . nor did hold those kind of trades to the assize made and appointed by king henry the th . nor by any act of parliament or otherwise , restrain the shoemakers to the prices appointed by the statute of ed. . ( repealed in the th year of the reign of queen elizabeth ) when there was an allowed transportation of leather , and scarcely half so many cattle bred in england , and brought from ireland and scotland ; nor any leather at all imported from russia , as it is now in great quantities , when they do now by their own and the tanners knaveries , and enhaunces , take for a pair of shoes , which in the reign of king edward the d. might be bought for the use of a good knight or gentleman , for a groat , and in yorkshire for some of the best gentry of that county in the reign of queen elizabeth but for little more ; where also a pair of shoes for a lady of a good extraction and quality , were in the begining of the reign of king james sold for sixteen pence ; and a pair of shoes for a man in the memory of middle aged men were made and sold in london for two shillings six pence , and eight groats a pair , no less then four shillings eight pence at the lowest , and many times five shillings and six pence , or six shillings a pair ; which ( as mr. richard ferrour hath judiciously and ingeniously observed ) doth yearly cheat and cozen the people , besides the inconveniences by ill wrought and half tanned leather , six or seaven hundred thousand pounds , or a million sterling per annum ; which might well have been spared , or better employed . and be as willing to ease his burdens and grievances , as queen elizabeth , that mirrour of women and princes , was in theirs , by the repealing of so much of the statute for limiting the wages of labourers in the th year of the reign of king edward the third ( when churches , castles and abbies we●e wont to be built ) as concerned the wages of labou●ers that master masons , carpenters , and tylers should take but three pence a day , and others of that trade but two pence a day ; a tylers boy a peny per diem ; that none other should take above a penny for a days work ; for mowing five pence , for reaping of corn in the first week of august two pence , and in the second week , and unto the end of that moneth not above three pence : and by the making of an act of parliament that the wages of artificers and labourers , then six times more then they were at the time of the making of the said act of parliament in the th year of the reign of king edward the third , should be yearly assessed by the justices of the peace , and magistrates in every county , city , and town corporate at their quarter-sessions , with respect unto the plenty and scarcity of the time , and other circumstances necessary to be considered ; for that ( as the praeamble thereof declared ) the wages and allowances limited and rated in former statutes , were in divers places too small , and not answerable to that time , respecting the advancement of the prices of all things belonging unto artificers and labourers ; that the law could not conveniently , without the great grief and burden of the poor labourers and hired men be put in execution , and to the end , that there might be a convenient proportion of wages in the times of scarcity and plenty . which was the cause that king james by an act of parliament made in the first year of his reign , upon compleynt , that their wages were not rated and proportioned , according to the plenty , necessity , and scarcity , and respect of the time , as was politiquely intended by the said queen elizabeth , did amongst other provisions , give a further power & authority to the justices of peace in every county at their quarter sessions , from time to time , to limit and regulate the wages and hire of labourers and artificers ( although their wages and hire were then much encreased , and are since very excessive , and immoderate ) which by an act of parliament made in the third year of the reign of king charles the martir , being continued untill the end of the first session of the then next parliament , is for want of continuance expired , and did repeal , as queen elizabeth , and other of our kings also did , many an act of parliament in regard of inconveniences or damages arising to the people or because they did not answer the expectations of the makers thereof . and may as little grudge the king his pourveyance , or compositions for them , though the richer part of the people , who are only contributory to the pourveyance or compositions for them , may by their own excessive raysing of all manner of prices of houshold provisions , and their unreasonable gains by it , seem to be something more then formerly burdened with it ; as they did the late king charles the martyr his indulgence to them , and dispensing with a decree made in the starre-chamber in the th year of his reign , by the lords of his privy councel , and other the judges of that court , after consultation had with judge hutton and judge croke ( who were well known to be very great well-wishers to the peoples just and legall liberties ) and the other reverend judges and divers justices of the peace of the kingdom , confirmed by the kings letters patents under the great seal of england , which did forbid the vintners to dress any meat for their guests or strangers , and limited the inkeepers of london and westminster , and within ten miles distance thereof , unto six pence for a day and night for hey for a horse , now ●●shamefully and unconscionably raised by themselves unto eight pence ; and six pence for a peck of oats not measured by winchester measure , but the knavish peck of the ostlers ( to whom the dying horses might well bequeath their halters ) at the rate of eight groats a bushell , when they have many times bought them in the market at twelve pence a bushell , or less . and directed that that ordinance should continue in the county of middlesex , untill it should appear unto the justices of the kings bench , and in other counties and places to the justices of peace , that because of the increase of prices in the parts adjoyning , greater rates should be necessary to be permitted ; and that thereupon other rates should from time to time be set ; and being set , were commanded , and enjoyned to be strictly and duly observed , untill they by the like authority should be altered . and might be as little troubled at his pourveyance , as they were with his royal fathers remission , or not putting in execution the assise ( in imitation of one which was made in anno h. . ) made in the reign of queen elizabeth , by the advice of the lord burghley , and other of the lords of her privy counsell ) of flesh , fish , poultry , butter , and most sorts of victuals , and houshold provisions ; as also of hey and provender : and another likewise set and made by the judges of the kings bench in or about the first year of his reign , by the advice of all the other judges of england , at the instance of mr noy his atturney-generall . which might perswade us to be something kind to our selves , and our posterity , in being kinder unto him ; for that the losses and damage to the king and his people without the addition of their losses by the taking away of the tenures in capite , are and will be so very great and evident ; and the loss of the king may by a necessity of their supplying of it , be in the end a means of doubling or trebling the losses of the people , and should therefore deterre us from any endeavours to eclipse our sun , and bereave our selves of the light and comfort of it ; and diswade us from the purchase of so many mischiefs and inconveniences as have already happened ; and are like to multiply upon us , by making our selves the most unhappy instruments of the dishonour of our king and country in the diminution of the accustomed grandeur and magnificence of his court and hospitality , wherein plenty and frugality , largess and providence , satiety and sobriety , honour and hospitality , were so excellently and rationally combined , and confederated , as the best of oeconomies ; and the greatest vigilance , daily care , and inspection in the most methodicall and best ordered house and family of england , or any other the kings dominions , consisting of or persons , or a lesser number ( a few being commonly the easiest governed ) could never arrive unto 〈◊〉 ●erfection of government , and good order of the kings houshold , consisting of a numerous retinue of above one thousand or twelve hundred persons , and many of them of the best extraction , and noblest houses of the kingdom , where besides the charge of his most pious and devout yearly maundy , or washing as many poor mens feet every year upon the thursday before easter as he is years old , & giving unto each of them a jowl of salmon , a poll of ling , red herrings , and as many white , six peny loavs of bread , cloth for a gown and a shirt , a pair of new shoes & stockings , a single penny , and a shillings piece of gold : two pence a piece was given to poor people every day at the gate , besides the kings alms-dish every meal from of his table , and the fragments carefully gathered up from the many tables of his servants , put into an a●mes-basket , and daily distributed unto them by two officers , yearly kept in pay and pension for that purpose : six mess of meat , gallons of beer , and as many of loaves of bread , with a liberal proportion of sack and claret as wast ; and entertainment for all comers for the kings honour , where were great yearly festivals , the lord stewards table completely , and more then ordinarily furnished during all the time of the sitting of the parliaments , to entertain such of the lords and commons as would come thither to dinner , and where when the nobility and persons of quality in the absence of parliaments , came either to attend the king , or petition him in any of their affaires , they were made the guests at some of the tables of his great officers , as well as those of meaner ranks were at the table of the lesser : and the chambers and galleries searched for 〈◊〉 strangers and fit persons as might deserve to be invi●ed to the tables and diet of his servants , to the end that any that were fitting to partake of his hospitality might not be omitted . embassadors which came sometimes two at once from severall forreign princes found themselves royally enterteyned for certain days out of the diet and provision of the kings house , ( and nothing of state or provision wanting at the same time in the kings own court or house ) and attended with as great or more plenty & solemnity , then many of their kings & princes had at home , & where no country gentleman or yeoman , which had contributed to the pourveyance but at one time of the year or other , had upon all occasions of business at the court , either with the king or his servants , a large part or share of what he had contributed . and was so gratefully and well accepted , as some have anciently , ( when gratitude and thankfull respects were more in fashion than now they are ) so highly esteemed the respects and favours of the kings servants and officers , when they had occasion of business to his court , as robert de arsic , a man of great note and eminency in the county of oxford , did give lands in newton by a fine levyed thereof unto one robert purcell , and his heirs ( who was then one of the porters at the gate of the kings house or court by inheritance , upon condition , that whensoever he and his heirs should come unto the court , the said robert purcell and his heirs , whilst they should be the kings porters , should attend their coming , come out of the gate to meet them ; and walk before them with his rod or staffe unto the kings hall , and at their return or going out of the gate , call for their horse or palfrey , and hold their stirrup whilst they got up or mounted : and if the said robert arsic or his heirs should send any messenger to the court , should as much as in them lay , and according to their ability , with their good word and well wishes , faithfully assist him : and was so unwilling to loose that service or duty as upon the refusall or omission thereof by the said robert purcell , he did in the th year of the reign of king henry the . bring an assise or action against him for it : ( for as for our industrious speed setting forth in his history of england , that rhese ap gruffith prince of wales , coming out of wales as far as oxford , to treat of a peace with king richard the first , did take it in so high a scorn , and indignation that the king came not in person to meet him , as he returned home into his own country without saluting the king , though earl john the kings only brother had with much honour conducted him from the marches of wales thither , and that by that means the hopes of the expected peace vanished , and came unto nothing ) hath observed that the meanest from whom love or service is expected , will again expect regard . and therefore the care of our kings was not a little imployed in that way of imparting of their favours , and increasing and cherishing the love and good will of their people , when king henry the seventh , whose troubles and tosses of fortune before he came unto the crown , had together with his learning and princely education , made him a great master in policy , and good government , and one of the wisest kings that ever swaied the english scepter , did in his prudent orders concerning his court and houshold , and the state and magnificence which he desired to be observed therein , communicated unto me by my worthy and learned friend william dugdale esquire norroy , king at armes , out of an ancient manuscript , sometimes in the custody of charles de somerset knight , lord herbert and gower , chamberlain unto that king , amongst many other orders for the honour of the king and his house , ordain that if any straunger shall come from any noble-man or other , the gentilmen huysshers ought to sette him in suche place convenient within the kyngs chamber as is mete for hym by the discrecion of the chamberlain and huyssher , and to comaunde service for hym after his degree ; and the sayd huyssher ought to speke to the kings almoigner , kerver , and sewer , to reward hym from the kings board ; this is to say if the said straunger happen to come whan the kyng is at dynner . item , the gentilman huyssher , if there come any honourable personnes to the kyng at any other tyme , they ought to call with thaym the sayd personnes to the seller , pantry , and buttry , and there to commaund forth such brede , mete , and drynke , as by his discretion shall be thought metely for thaym ; and this in no wise not to be with sayd in noon of thies offices aforesayd , it is to the kings honor . item , that no gentilman huyssher bee so hardy to take any commaundement upon him , but that it may be with the kings honor , by hys discretion in these matiers to myspende the kings vitail , but where as it ought to be ; and if he doo , he is nat worthy to occupy that rowme , but for to abide the punishment of my lord chamberlain . item , a gentilman huyssher ought to commaund yeomen huysshers , and yeomen to fetche bred , ale , and wine at afternoon for lords and other gentilmen being in the kings chamber , whan the caas so● shall requyre . which and the like magnificences of hospitality in the houses and courts of our kings and princes , supported by the pourveyances without which the elder kings of england before the conquest , could not have been able to susteyn the charge of their great and yearly solemn festivals at christmas , easter and pentecost , when ex more & obsequii vinculo antiquissimo , as that great and learned antiquary sir henry spelman hath observed by duty and antient custome , the lords and barons of england did never fail to come to the kings palace ( where the magna concilia & wittena gemotes & conventus sapientum , now called parliaments , were at those times to be holden and kept ) cum ad curiam & personam ejus exornandum , tum ad consulendum de negotiis regni statuendumque prout fuerat necessarium & providere de rebus illis rex solebat corona redimitus & profastu regio se in omnibus exhibere , for the honor of the king and his court who then with his crown upon his head , and other princely habiliments , did use to shew himself unto the people and advise what was necessary to be done for the good of the kingdom . and was such an attendant upon the grandeur and honour of their monarchy , as it began with it , and continued here amongst us till the councill of some foolish and factious shrubs had by a fire kindled in our then unhappy kingdome , overturned our cedars of libanon , and made an accursed and wicked bramble their protector , and was so necessary to the government and authority of our kings , and the encrease and preservation of the love and obedience of the people , as we find it neither repined nor murmured at in the reign of king alfred , who being of an almost unimitable piety and prudence , and to whom this nation ows a gratefull memory for his division of the kingdom into shires and hundreds , and for many a politique constitution , did ( now almost years ago ) keep a most princely and magnificent house , and a numerous company of servants ; gave enterteynment of diet and lodging to many of the sons of his nobility , who were therein trayned up to all manner of courtly and honourable exercises , had three cohorts or bands of life-guards , every cohort according to the ancient computation consisting , if they were horse of , and of foot , of a great many more ; the first company attending in or about his court or house night and day for a moneth , and returning aftewards home to their own occasions , tarried there by the space of two moneths ; the second cohort doing likewise as the first , and the third as the second by their turns and courses , and had a good allowance of money and victualls in the house or court of the king , who had his ministros nobiles qui in curio regio vicissim commorabantur in pluribus ministrantes ministeriis , noble and great officers in his court , which attended in their courses , and took so much care also for them as in his last will and testament he gave cuilibet armigerorum suorum , to every one of his esquires marks . or that king hardi canutus caused his tables to be spread four times every day , and plentiously furnished with cates , and commanded that his courtiers , servants , and guests should rather have superfluities then want any thing . that william rufus when he had built westminster hall foot in length , and in breadth , thought it not large enough for a dyning room . king richard the second kept a most royall christmas where was every day spent or oxen , sheep , with fowl beyond number ; and to his houshold came every day to meat ten thousand people . as appeared by the messes told out from the kitchin unto three hundred servitors , and was able about two years before , when the times began to be troublesome , to give a guard of archers of cheshire with their bows bent , and their arrows hocked ready to shoot , bouche of court , to wit meat and drink , and wages of six pence a day then accompted a very great pay . or that king henry the th . then whom the kingdom of england never had a more thrifty prince , did the morrow after twefthtyde in a great solemnity keep a feast in westminster hall , where he being set at a table of stone ( which remained untill the middle of our late rebellion ) accompanyed with the queen and many embassadours and other estates , knights and esquires served dishes to the kings mess , and as many to the queens ; and served the lord mayor of london at a table where he was set with dishes of meat to his mess. and our succeeding kings understood to be so much for the good and welfare of the people , as king edward the sixth , that great blossome of prudence and piety , and all manner of princely virtues , when a surfeit of church lands and revenues , had like the coal carried into the eagles nest , reduced the royall revenues into a consumptive and languishing condition , had by the advice of his privy council suppressed ( but with no advantage to the revenue or curing the diseases of it , as it then , and hath since happened in many of those pretended rather then really effected dishonorable espargnes ; witness the putting down of fourteen tables at once by king charles the martyr , which gained in one year thirty thousand pounds to some few of his officers , who did advise him to do it ; but nothing at all for himself ) the tables formerly appointed for young lords , the masters of requests , and serjeants at armes , &c. he did not howsoever think fit to diminish or lessen any more of the royall hospitality . and king james when he had by an over-great bounty to his countrymen the craving scots , and their restless importunities , brought himself and revenue into many streights , and was contented to seek out wayes of sparing , did in the inquest and seeking to abate the charge of his housekeeping , in his letters to the lords of the councel , bearing date in november . and pressing earnestly to have it done , to the end , that he might equall his charges to his revenue , direct them to abate superfluities in all things , and multitudes of unnecessary officers , and to do things so as they might agree with his honor ; but concluded that there were twenty wayes of abatement besides the house , if they be well looked into . which may give us a prospect , which a larger treatise of the antiquitie , legality , reason , duty , and necessity of prae-emption and pourveyance for the king , or compositions for his pourveyance , as they were used and taken for the provision of the kings houshold , the small charges and burden thereof to the people , and many great mischiefs and inconveniences which will inevitably follow the taking of them away , will more fully evidence how great a damage the king susteyneth by the want of them . how unbecoming the majesty and honor of a king and his many princely affairs and occasions it will be that the people should deny him that granted or continueth their profits in fairs and markets the benefit of prae-emption , which all princes as well christian as heathen do enjoy , and is but conformable to the tenor and meaning of the fifth commandement in the decalogue , and the honour due unto common parents and magistrates enjoyned thereby . how unsafe to the peoples consciences , when they do by their oathes of allegeance and supremacy swear to maintain and defend his regall rights and jurisdictions not to allow his prae-emption , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or forecheapum , and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the saxon times 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifying ante , & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 prendere , which is prae-emption , and was then ( as it hath been ever since ) so just and legall a part of the kings prerogative , as king ina , who reigned here in the year . did by a law prohibit , that fore fang , or captio obsoniorum in foris aut nundinis , non ab aliquo fit priusquam minister regis ea ceperit quae regi fuerint necessaria , the taking or buying of houshold provisions by others in fairs or markets before the kings minister or pourveyor should take those things which were necessary for the king. and was not then any novel constitution , or acquired right or praerogative , or without a divine pattern , but so inhaerent in monarchy , and kingly government , and so becoming the duty and gratitude of subjects , as we may find the vestigia , or tracs of it in the morning of the restored , not long before drowned and washt world , when joseph that great and happy minister of state under pharaoh king of egypt did by the help of that royal right of praeemption , keep the lean kine from eating up the fat , and save that kingdome , and many other neighbouring nations from an irresistible famine and ruine . and how contrary it will be unto the duty of subjects to refuse him their carts to convey his carriages , unless they may have two parts in three more then formerly , when the earl of rutland , and countess dowager of pembroke , and many other of the nobility have not only their pourveyances , but can have their tenants boon carts upon any of their occasions for nothing ; and every lord of a manor , or parson of a parish do seldom fail of as much or greater curtesies , or respects from their tenants , or parishioners , or that the kings harbingers should from some of the tribe of naball receive uncivill and churlish answers , that they are not to loose the advantage of six pence more which may be given by any other , or that his pourveyors should not have the benefit of praeemption , as one of them lately was refused in the buying of a salmon , or be wrangled with ; and have fowl taken out of their hands , as one lately did , and when he was told it was for the king , could say he cared not a turd for him , or that his officers should be exposed to the humours or incivilities of clowns , quakers , or disaffected persons . and that strangers who have commonly and usually seen forreign princes travailing in any parts of christendome out of their own territories and jurisdictions to be by a generall and never intermitted custome , honourably and respectfully received in all cities and places of note , and presented with wine fish , and other provisions ; such as the place and season of the year afforded , which even those commonwealths , states , and places of incivility , trade and selfishness , such as holland and hamborough do never omit , should see the king of englands servants and officers so little respected in their attendance upon him in his journeys , or progresses , as not to be trusted with a small hire of a cart , unless like some beggars in the streets , buying an halfpenny or a farthing worth of pottage at a cooks shop , they do first lay down or pay their money for it . and how ungrateful it will be ( if they were not subjects or obliged by the laws of god , nature and nations to an obedience reverence , retributions and oblations to their prince , to receive a daily and an hourly protection , and as many benefits and blessings as their almost alwayes craving necessities and importunities can get or obtain , or his munificent and ready heart and hand impart and bestow upon them . and yet be so barren in their retorns or thankfulness , as when there is not a family or kinred in england , but hath at one time or other been raised or enriched by the king or his royall progenitors , or tasted of their favours or mercies , and that those who did eat and partake of his pourveyance or compositions for them , and were maintained by them , were for the most part their sons and daughters , or some of their kinred or generations , to deny him that which was such an antient and unquestionable right , as all the judges of england did no longer agoe then the third year of the reign of king james , declare it to be a prerogative of the king at the common law , and was no less in the times of our saxon and british monarchs , and so much in use in the kingdom of ireland , as it doth yet retain the custome of pourveyance ad alendum proregis familiam , for the maintenance of the lord lieutenants house and family , as an antiquitus institutum , an antient constitution , & jus quoddam majestatis , a part of the right belonging unto the sovereign prince and his preheminence or kingly prerogative . and in their act of parliament lately made for the settlement of that tossed and turmoild kingdom , consented that the lord chief-justice of his majesties court of king-bench , the lord chief baron of the exchequer , and the master of the rolls , or any other of his majesties officers of that kingdom for the time being , shall and may have and receive such port-corn of the rectories , impropriations or appropriate tithes forfeited unto , or vested in his majesty , his heirs and successors , which have been formerly paid or reserved . the furnishing of carriages and ships for publick uses are in scotland justly numbred amongst those regalities which are annexed to the crown , and was by the consent of the estates there so called , allowed to conserve the dignity of that kingdome the borrough mealis , where quilibet burgensis debet domino regi pro burgagio quinque denarios annuatìm & dicuntur incorporari annexique fisco & patrimonio regis , every burgess is to pay five pence per annum for his mealis , which sir henry spelman interprets to be a farme appropriated to buy provisions in regiae mensae apparatum for the kings table or houshold , and are said to be incorporate and annexed to the patrimony of the king and his exchequer . and the right of pourveyance so little there esteemed to be a grievance , as in a parliament of their king james the th holden in the year . the lords spirituall and temporall , and other his lieges , did declare , that it was the kings property for the honourable sustentation of his house according to his estait and honour , quhilk may not be failized without great derogation of his noble estait , and that his true lieges suld above all singular and particular profit desire to preserve the noble estait of his excellence , like as it was in the time of his maist noble progenitors of gud mynd . and is conform unto that rule of reason which other nations doe measure their actions by ; for in france , as renatus choppinus , a learned french advocat , saith it is dominicum jus primitus sceptris addictum in necessarios regiae mensae aulaeque sumptus & honorificum ad suum imperii & inclitae decus majestatis conservandum , a part of the demeasnes belonging and annexed to the royall scepter , and appropriate to the necessary uses and provisions of the kings court , and houshold for the honor and conservation of the rights of majesty . our long agoe old and worthy ancestors , the stout hearted germans , did as tacitus sua sponte & ex more viritìm conferre principibus armenta vel fruges quae pro honore accepta necessitatibus subvenirent , man by man of their own accord customarily bring or send unto their princes herds of cattle , and some of the fruits of the earth as presents and oblations , which being taken for an honour due unto them , did much conduce unto the defraying of their charges or necessityes : the people of italy and the princes and nobility thereof did acknowledge them to be inter regalia amongst the regalities of the emperour , and the law of the empire , formerly of rome , now of germany , doth strongly assert the praestationes angariarum plaustrorum & navium , &c. pourveyance of cart-taking , and impresting of ships regi competere ratione excellent●ae ejus dignitatis quae regalia dicuntur , to belong unto the king by reason of the excellency of his dignity , et multa adjumentaei necessaria ut dominium intus & externè tueri valeat , and that many ayds and helps are necessary for a prince to defend his dominions at home as well as abroad . and is as much a custome of nations , as covering of the head , washing the hands , wearing of shoes , and retiring to rest or sleep in the night , & so usual as the barbarians , some of whom have not so much good nature as to diswade them from selling their children , like calves or cattle at a market , or the savage part of the heathen , who have not attained to so much of reason , as to perswade them the use of clothes and apparrel , are glad their kings and princes will accept of . and the inhabitants of that large empire of japan , who in many of their nationall customes and actions , do delight to be contrary to the people of europe , and most other nations , as to have their teeth black , when others doe desire to have them white ; doe mount their horses on the right side ; and not uncover their heads in saluting each other , but only unty some part of their shoes and sandals , and sit down when others do come to salute them , are notwithstanding unwilling to come behind other nations in the duty of pourveyance and honour of their prince , practised & allowed by many approved examples in the sacred volumes , where melchizedeck king of salem , the priest of the most high god , brought forth bread and wine to abraham , and his houshold servants in their little army upon their return from the rescue of the righteous lot , which was , saith the great grotius , a custome then in use amongst the neighbour nations : that of jesse the father of david , who being commanded by saul his king , when he was not in the army , but enjoyed the blessings of peace , to send david his son unto him , laded an asse with bread and a bottle of wine , and a kid , and sent them by david unto saul ; and not long after sending him into the army to visit his brethren , commanded him to take an ephah , and ten loaves , and carry them into the camp unto his brethren , and ten cheeses unto the captains of their thousand . the worst of women , the witch of endor made hast to kill her fat calfe , took flower , and kneaded it . baked unleavened bread , and caused saul and his servants to eat . the moabites who were davids subjects , after he was king , sent him gifts pro pace ac tutela , as gratifications for their peace and protection , and continued and paid it unto the kings of israel , untill after the reign of ahab king of israel , shobi machir , and barzillai in the midst of his afflictions by the rebellion of his son absolom , sent victualls and provisions to him and his army , the dutifull and honest-hearted araunah would rather give him his oxen to sacrifice , then take mony for them : the sunamitish woman would in honour and respect unto elisha the prophet , not only constrain him to eat bread , but advised her husband to make a little chamber in the wall , and set for him there a bed , a table , and a stool , and a candlestick , to the end that when he passed that way , he might turn in thither . the moabites having after the destruction of the kingdome of israel discontinued their pourveyance , were in the judgements denounced against them for their pride exhorted by the prophet isaiah to an obedience , and to send the lamb ( viz. that pourveyance ) to the ruler of the land , which was ezechiah king of juda , the lawfull heir of king david . and the children of israel and juda , after a return from a long and a sorrowfull captivity , could not when they bare burdens , and wrought with one hand , and held a weapon with the other , in their building and repair of jerusalem , forget the custome of pourveyance for the good nehemiah their righteous captain and governour . which might induce the people of england to cover their faces with shame , and blush through that thin-leafed mask of a recompence by the excise , supposed to be given in exchange thereof , when they can at the same time , whilest they denyed it to the king believe that the pensions and payments in universities , colleges , & innes of court & chancery , for the honor of their societies , and defraying of charges ordinary or extraordinary . the assistance or supports which the lord mayor of london , the companies or guilds of trades therein , the magistrates of every city , burrough , or corporation ; and church-wardens of every parish , do by permission of him and his laws exact and enforce for the credit or worship of their societies and their maintenance and affairs one under another , and one of another to be as legall as they are necessary . and the dignified clergie , as arch-bishops , bishops , arch-deacons , deans , prebends , and canons , many of whom do enjoy commendams , and prebends , and yearly receive pensions ( some of which were for superstitious uses ) synodals , procurations , money for proxies , cathedratica quarta's , episcopales corredies , or entertainment-money , penticostalia , waxscot , or cyrick sceat , which in some places was recompenced by the yearly tribute of hens , or some other houshold provisions ; and in many places do receive the long since abolished romescot , or peter-pence , and many other emoluments , and the inferiour part of the clergy their mortuaries yearly oblations , and many other profits and free-will offerings towards their hospitalityes and housekeeping . and many of the laity can think it reasonable by privileges of some religious-houses whereof their lands before they were granted unto them by the kings royall progenitors were parcell to pay in many places no tythes at all , and in as many or more do claim and receive the benefit of a modus decimandi , or paying a small rate or proportion for them ▪ and in their own leases and grants , not only in former ages , but lately find it to be most for their benefit , to reserve as a convenience for their housekeeping , as their ancestors or predecessors formerly did their duties of work in harvest , or payment of muttons and poultry , &c. and can retain their rights of patronage and advowsons , take and receive herriots , which were gratuitae donationes domino suo datas ratione dominii , & reverentiae , the gifts or remunerations of tenants to their lords in the reverence or respect which they do bear unto them , after the rate of or l a cow , many times the only remaining substance of a sorrowfull widow and fatherless children , when the price of an oxe was in the reign of king edward the first , and many years after but s. or an eighth or tenth part of it . reliefs and chiefage , which cowell understands to be pecuniae annuò datae potentiori tutelae patrociniique gratiae ; and the tolls in fairs and markets , by his grants , or by prescription , or allowance ( which do in yearly profit twice or thrice over exceed the charge of the counties or cities of the kingdome towards the pourveyance or provision of the king and his houshold , and the owners of above three thousand and eight hundred impropriations which originally were designed for hospitality , can require and receive pensions , synodals , procurations , proxie-money , and waxscot money . and very many of the laity yearly demand and receive romescot , peter pence , or chimney-money of their tenants in some manors , amounting unto a considerable value , which notwithstanding that by the statute of h. . ca. . it be forbidden under severe penalties to be paid any more to the popes use , have since either by ignorance of their tenants , or a custome of paying it to the lords of such manors , or their stewards or bayliffs , been collected or gathered to the use of the lords of those manors , & be very industrious in the enforcing the payment of street-gavel , which in the reign of king edward the first was claimed by the lord of the manour of cholmton in the county of sussex , for every tenants going out of the manor , or returning unto it : and in many or some of their manors do receive quit-rents of their tenants for bordland , or provisions of victuals for their houses ; drofland , for driving their cattle to fairs and markets ; berland , carrying provision of victuals upon the removall of the lord of the manor , or his steward ; potura drinklan , or scot ale , a contribution of tenants towards a potation drink , or an ale provided to entertain the lord or his steward ( those charges being now defrayed by the lords of the manors ) cart-silver , ward-penies , and hoke-tuesday mony ( for a liberty probably of giving their tenants or bond-men leave to celebrate that day wherein the english did every where slay the domineering gavel-corn , gavel-malt , rent-honey , oate-gavel , or rent oates , woodlede , for carrying home the lords wood ; hidage , or an arbitrary tax imposed upon every hide of their tenants lands , afterwards turned into an yearly payment ; gavel-foder , for litter , hay , and provender for his horses , paying of certain cows , or a rate for them , quae dari solebant pro capitibus utlagatorum , to redeem the forfeitu●e of outlaws ; gavel or rent-timber for the repair of the lords house ; gavel dung to carry his dung ; horse or foot average , carrying of the lords corn to markets and fairs ; or of his domestique utensils , smith-land , for doing the smiths work ; gavel-erth , for t●lling some part of the ground ; gavel rip , to help to reap their corn by one or more dayes ; gavel rod , to help to make so many pearches of hedge ; gavel swine , for feeding of swine in the lords woods ; carropera , to work with their carts or carriages : ale-silver in the city of london ; were gavel , in respect of wears and kiddles to catch fish , besides ( which some have not long ago valued in the sale of their manors ) many boons , presents , and new-years-gifts , and other retributions yearly given to landlords or lords of manors , in lieu of their pourveyance , who paying for it one to another , do receive and take fines incertain at farre greater rates then antiently they were , and many times so unreasonably as the king in his superiour courts of justice is many times enforced to regulate and reduce them to a moderation ; and can also receive many other small yearly payments paid by tenants in acknowledgement of favours or help received , or to be received ; and demand and receive quit-rents for common fines of some hundreds , and for fines pro non pulchre placitando , or pleading in their courts so fair as they ought , prohibited to be taken by several statutes made in the reigns of king henry the d. and edward the third ; receive in some places , as in the counties of cumberland , westmerland , and some other northern counties a penny fine ▪ and in wales a payment or oblation called mises , upon the death or change of every landlord ; and be at the same time unwilling , that the king should have any retributions or acknowledgements for one hundred to one favours and helps not seldome , but very often ; nor to some or a few particular men , but to very many , and the universality of all his subjects . be well contented that he should have no bette● a bargain to release their duties of tenures in capite , knight-service and pourveyance , which would have yielded and saved him at least two hundred thousand pounds per annum , besides the vast yearly charge of a great part of his guards , much whereof might be spared , if he had , as his royal progenitors had , the benefit , support , and accommodation of tenures in capite , and by knights-service , which were so greatly & very necessary in the honour and incidents thereof , to the exercise of a just and well regulated monarchy , and royall governments ; and more advantagious then the decaying and every day diminishing revenue of that moyety of the excise , which half or moiety from the time of the granting thereof , untill the last year , did yearly yield unto him but one hundred thousand and ten pounds , or thereabouts ; and for this last year but one hundred thirty and three thousand pounds sterling or thereabouts ; ( out of which , the salaries & allowan●● unto the commissioners , auditors , and surveyors , &c. and many other defalcations are to be deducted ) attended with the daily discontents of the common people , and as a fine and income for that so greatly prejudiciall and inconvenient bargain , release and abate unto the people more then a million and a half sterling mony due unto him for the arrears of the profits of his wardships and tenures in capite , and by knight-service ; and for the arrears of his pourveyance after the rate of thirty five thousand pounds per annum charges to the people , six hundred and fifty thousand pounds sterling ; and if the charge thereof shall be deemed to amount unto fifty thousand pounds per annum ; may without any stretching of the accompt , be very justly reckoned to be no less then nine hundred and fifty thousand pounds sterling . and take notwithstanding ( as his blessed father did , the profits of his wards after a tenth part of the true yearly value of the lands and his ayds to make his eldest son a knight , and to marry his eldest daughter , which the socage tenures are likewise obliged unto at a very low and easie proportion ) very many of his reliefs after the rate which the value and rent of lands were at four hundred years agoe , now that they exceed it fifteen or twenty times more in value then they were then ; his subsidies and fifteens secundum antiquam taxationem , after the old and long ago accustomed old rates with considerations and abatements to be made in respect of debts ▪ children , and weakness of estates , when as the rates in every parish , for the maintenance of the poor , mending of high-wayes , repairing the church , payment of tythes for pas●ure-groun●s , o● upon any other their parochiall duties , or occasions , are made and layd by the people themselves , and justices of peace by the pound rate , as they call it , and to the utmost yearly value , and improvement , or very near it . receive his first-fruits and tenths at great undervalues , prae-fines , post-fines , lycenses and pardons of alienation at less then a tenth . take no more for the fees of his seals in chancery , and the courts of kings bench and common pleas , then as they were in the reign of king edward the third , ( now that every peny which was then , is more in value then three ) and for the originall and judiciall writs in wales no more then they were in he th year of the reign of king henry the eighth ; his fines upon formedons and reall actions , his customes inward and outward at gentle and undervalued rates , allowing the merchants notwithstanding a twelfth part of their wines , a fifth of all other commodities imported , and a tenth of all that is exported , most of which particulars , in his so daily accustomed and continued favours seperately and singly considered , would either out-goe , or come very near up unto the charges which the kingdom did yearly expend , and disburse for or towards the royall pourveyance : allow● three or four pounds in every pipe of wine for lekage : takes for his prisage of wines brought into london for his two pipes of wine one before , and another behind the mast in every ship of every freeman , being an housekeeper of that large and largely privileged city , but seven pounds ten shillings for every pipe of wine , which is seldome less worth , if it be sack , then thirty pound a pipe , or four and twenty pounds a pipe if it be claret . and give● b●lls of store to multitudes which have occasion to pass or repass ( which is not seldome ) into or out of the parts beyond the seas , for their trunks and other necessaries to be custome-free . allows and permits the dukes , marquesses and 〈◊〉 to enjoy their creation money towards the supportation of their honour ; and they as well as the rest of the nobility , and all or many of the gentry to enjoy great quantities of his crown lands , turned from small and easie old-fashion'd reserved rents upon leases for lives or years into estates of inheritance ; and very many liberties , as fishings , free-warrens , court-leets , court-barons , eschetes , felons , fugitives and outlaws goods , deodands , forfeitures , waiss estraies , fines & amerciaments , retorn and execution of writs ; and in some manors , a liberty of receiving to their own use fines for licenses of concord or agreement upon the making of conveyances , and post-fines upon fines leavied in the kings courts , profits of the year , day , and wast , and all fines , issues amerciaments ▪ returned , set or imposed upon any of their tenants in any of the kings courts , or by any justices of assize , or of the peace . with many other franchises , liberties and participations of his regality , which they do now enjoy tanquam reguli as little kings in their several estates and dominions , in many of them , more by claim and prescription , allowed by the favour and indulgence of the king and his royal progenitors and predecessors kings and queens of of this nation , unto them and their posterities , then by any any grants they can shew for it , very much exceeding in yearly profit and con●ent , the small charges which they have used to have been at for the pourveyance or provisions for the kings houshold . take his fee-farme rents which do amount unto above threescore thousand pounds per annum ; but according to their first and primitive small reservation , though the lands thereof be now improved , and raised in some a ten , and in others a twelve to one mo●e then they were then accompted to be either in the intentions of the donors or donees , and many other his fee-farmes of some casuall profits , and revenues granted to cities and corporations , which do now ten to one exceed what they were when they were first granted . grant and confirme to the vulgus or common people many great immunities and priviledges , as assart lands , and permit them to enjoy in his own lands and revenue large common of pasture , and common of estovers and turbary in his forrests and chaces ; and protect from oppression in that which are holden of their mesne lords , their copihold lands , customes and estates ; which being at first but temporarily permitted and allowed & patientia & charitate in quoddam jus transierunt ▪ are now by an accustomed and continued charity , taken to be a kind of tenant right and inheritance . grants and permits many charters of liberties , privileges and freedoms to the cities , boroughs and towns corporate of england and wales , and to the lord mayor and commonalty of london , all issues , fines , and amerciaments ret●rned and imposed upon them in any of the kings cours , freedome from payment of tolls and lastage in their way of an universall and diffused trade in all places of england : and for a small fee farme rent of fifty pounds per annum for the kings tolls at queen-hithe , billingsgate , and other places in the city of london , accepted in the reign of king henry the third , suffers them to have and receive in specie , or mony towards their own pourveyance , as much as would goe a good way in his . allows the tenants in antient demesn their exemptions from the payment of toll for their houshold provisions , which in the opinion of sir edward coke was at the first in regard of their helping to furnish the kings houshold provisions : and suffers the universities of oxford and cambridge , and the colleges and halls therein ; colleges of winchester and eaton , and the re●ients in the cinque ports , and rumney marsh , to enjoy a freedom from subsidies . who , together with all the people of england , may by the accompt of benefits received by , and from him , and his royall progenitors and predecessors , know better how to value them , if they had not received them ; and if he should but retire himself into himself , and withdraw his bounties from us . or take his customes and imposts inward and outward , reliefs , ayds , subsidies , fifteens , tenths , and first-fruits , profits of his seals , p●ae-fines , post-fines , licences , and pardons for alienation of lands , fines upon fo●medons and reall actions , at the full value and rate which the law will allow , and the rise of money might perswade him unto ; or take all occasions to invade or clip the peoples liberties and privileges , as they do his . or seise and take advantage of the forfeitures of our sufficiently misused fairs and markets , which without the many inconveniences of barrage , billets peages , or tolls taken at many places as they pass thither ; as the people of france , and our fashion makers are tormented with , do yield and save the people yearly in that which otherwise would be lost some hundred of thousands pounds per annum , or should withdraw his favours and countenance from the trade which our merchants have into forreign parts since the reign of queen mary , by the benefits and blessings of the leagues and alliances of him & his royall progenitors made with forreign princes , continued with a great yearly charge of embassadours ordinary and extraordinary sent and received , and render it to be no no more then it was in the beginning of the reign of queen elizabeth , when the difference of the gain of forreign trade and merchandize , betwixt the little which was then , and that which is now , by reason of the east-indie , turkie , muscovie , ligorne , and east-land trades , and our many flourishing american plantations would appear to be some millions sterling money in a year . and were notwithstanding never so gratefull to our king for it ▪ as the english merchants of calais were , whilst king edward the third caused the staple of wool to be kept there , who so ordered the matter , as the king spent nothing upon souldiers , in defence of the town , which was wont to cost him eight thousand pounds per annum ; and the mayor of that town could in anno ▪ of the reign of that king , furnish the captain of the town upon any rode to be made with one hundred bill-men , and two hundred archers of merchants and their servants , without any wages . or if the peoples liberties , acquired by the munificence and indulgence of our kings since the making and confirming of our magna charta , in the ninth year of the reign of king henry the third , now years ago , when they took it to be for their good as well as the kings , to give him a fifteenth part of all their moveables ( not by a conniving and unequall , but a more real and impartiall taxation , in recompence , and as a thankfull retribution for their liberties then granted and confirmed ) which are now as many again , or do farre ex●ed them , were bu● justly value● ▪ or if the benefits accrewed unto forreign merchants , or those of our own nation , by the char●a mercatoria , granted by king edward the first in the year of his reign to the me●chants strangers , and confirmed by act of pa●liament in anno ed. . for the releasing of an antient custome and duty to the kings of england , of permitting their officers and servants to take what the king pleased out of forreign commodities , and merchandize brought into england upon payment of such rates as he pleased , which amount unto no small yearly profit for an exchange and grant by the merchants strangers of three pence per pound ( now called the petit customes ) of all forreign merchandises imported , except wines ; for every sack of wool forty pence , for every wolfels forty pence , and for every last of leather to be exported half a mark over and above the duties payable by denizens , were but rightly estimated . or the benefits which the subiects of england have had and received by the act of parliament made in anno ed. . granting that all merchants , denizens and aliens may freely and safely come into the realme of england , which before they could not , or durst not adventure to do without speciall licence and safe conduct under the great , or some part of the seal of england , with their goods and merchandize , and safely tarry and return , paying the subsidies and customes reasonably due : together with the ease and benefit , but to the great loss and damage of the crown , which the merchants of england as well as those of forreign parts have by the loss of calais since queen maries time , and the remove of the staple from thence , whither all goods exported out of england were to be first brought , & a custome inward the second time paid , and for so much ( which may be believed to be the greatest part ) as was again from thence exported into other countries , the customes a third time paid , which made the customes and subsidies only for goods exported in the later end of the reign of king edward the third , and during the reigns of king richard the second , henry the fourth , henry the fifth , and the beginning of the reign of king henry the sixth , as appeareth by the records of the exchequer to amount unto threescore , or threescore and ten thousand pounds per annum , which according to the valuation of mony at this day , saith sir john davies , the ounce of silver being raised from twenty pence unto five shillings , would amount unto two hundred thousand pounds sterling per annum . and the difference betwixt the payment of customes and subsidies then paid three times over for one and the same thing , and the payment of it but once , as is now used , with many other great benefits beyond a valuation not here particularized . and consider how unworthy it would be for the natives and people of england , after many knights fees , and lands freely given and granted by the kings royall progenitors to their forefathers and their heirs , to be holden by knight-service and in capite ; of which , if the sixty thousand knights fees , and more reckoned by antient authors , should be no greater a number then ten thousand , and valued but at twenty pounds per annum , as they were reckoned in anno primo edwardi secundi , they would amount unto two hundred thousand pounds per annum ; and if but at three hundred pounds per annum , which is now the least ●mprovement , would amount unto three millions per annum , besides great quantities of other lands being twice or thrice as much more in the severall reigns of his majesties royall progenitors , freely granted and given unto othe●s of them and their heirs to be holden in socage , to endeavour to extinguish the right use of them , and forget their obligations to their prince and common parent , and his royall progenitors . and in too many of their actions and business cozen or beg all they can from him ; and in stead of saying domine quid retribuam , lord what shall i render unto thee for all thy benefits , make it the greatest of their care , imployment , and business , not only to take , but keep from him all they can , even at the same time when they had obteyned of him an unparralleld act of indempnity and oblivion , and to to forget all their evil designes and offences intended or committed against him and his blessed father , and to pardon and give them as much as fifteen or sixteen millions sterling in the arrears of his own revenue and two or three hundred millions sterling at least for the forfeiture of theirs . and might have remembred , how they promised him their lives and fortunes , and to be his tenants in corde ; and with what a princely and fatherly affection he told their representatives , that he was sorry to see so many of his good people come to see him at whitehall , and had no meat to feed or entertain them ; and how ashamed and unwilling they are in their ordinary and daily actions and affairs to come behind or be upon the score one to another in their reciprocations , retributions , and retorns of gratitudes , and take it to be a disparagement not to out-vie or undo one another therein : how willingly they can part with their money to their children at school , to make oblations , or presents to their school-masters at their intermissions or breaking up of school at christmas , easter , or whitsontyde ; a course newly invented by school-masters to better their allowances and incomes ; and chargeable enough to the parents , as may appear by the offerings at a christmas , made unto some capital school-masters , which have singly amounted unto five or six hundred pounds , which with the beds and furniture , and silver spoons to be brought thither by the boarders , and left behind them at their departure , do make as great or a greater charge to many parents , then what they were ever rated for the pourveyance : and how accustomed and willing an expence all people are desirous to put themselves unto pro honestate domus , for the good and content of any inne , tavern , or alehouse , to make them some recompence for but coming into those houses upon any occasion or necessity of business . and can notwithstanding so readily finde the way to that unchristian river of lethe and sinne of unthankfulness , which god and all good men do abhorre , and the most fierce and savage of the beasts of the field , & fowls of the ayr do scorn to be guilty of , and make it their business to desire the king to foregoe his pourveyance , and take a seeming recompence of fifty thousand pounds per annum for it of the moyty of the excise to be raised out of the moans and laments of the multitude , which are the labouring and poorer sort of the people , to free richer and better able from their heretofore small payments or contributions in cattle , and other provisions for the royall pourveyance , now that england enjoyeth a greater plenty then ever it did by some hundred thousand acres of fenne lands drained , many forests and chases deafforrested m●ny parks converted unto tillage or pasture , great quantities of other lands inclosed ; and as much or more of abby and religious lands retorned into lay-hands , fewer taxes and publique assessments by one to ten , then are in the kingdomes and dominions of spain , france , empire of germany , and other kingdomes and principalities of christendome , the republique of venice , and that corporation of kings , the states of holland , and the united provinces , greater improvements of lands and prices for the fruits of the earth , then former ages ever saw , or attained unto , ten to one more cattel , sheep , swine , and poultry fed and sold in england then formerly ; a freedome from the popes and romes former and many & daily heavy taxations , carrying away much of the revenues thereof , the universality of the people or times richer in moveables and household furniture then ever their forefathers were , every man of or l. land per annum , now having one , if not many pieces of plate in his house ( heretofore not to be found but in the houses of the nobility or persons of great quality ) many alehouse-keepers , a piece of plate , if not as many as his occasions call for , instead of black po●s ; every artizan a piece or more of plate ; and many of the richer sort of citizens , merchants , and retaylo●s , do take themselves to be disparaged & the sons of contempt , if they have not half ; and others almost all their table-service in silver plate , their dyning rooms , and lodging chambers , richly hung with tapestry of , , or l. a suit , too many of their wives hung with pearl neck-laces , diamond lockets , and the most costly sort of jewels , and little tablets of their husbands pictures richly enameld or set in gold at the charge of or l. a piece , to hang at the outside of their hearts ; and some of the retailing part of them think they come to farre behind their betters , if they have not a kind of s●ate or carpets to spread within their chambers or apartments , or shall not be enough talked of or looked upon if they have not an indian foot-boy with a coller of silver about his neck to attend them ; and their delicacies and wantonness better attended then the afterwards destroyed and vagabond jews ever had , when the almighty sent his prophets to preach , and inveigh against their excessive pride and wickedness , a greater by many degrees more then heretofore increase of trade , untill our long and accursed rebellion spoyled it ; more money put by countrymen , and such as were not traders , to interest and usury ( which may shew how great an overplus many have beyond their necessary expences ) then former ages were acquainted with as much wood and timber sold in our late times of prodigality , as would have bought the fee-simple and inheritance of all or the greatest part of the lands of the kingdome , many rivers made navigable , and havens repaired , the loss of cattle , and damage by inundations and some unruly rivers prevented by several statutes o● commissions of sewers , depopulations prohibited , many an unjust title in concealed lands made good after sixty years quiet possession , interest for money lent , reduced to a lower rate then formerly ; and brocage forbidden , divers statutes restraining aliens not being den●zend to trade or keep shops , the bringing of silver bullion into england by our merchants encouraged , transportation of gold and silver prohibited , merchants of ireland and aliens ordained to employ their moneys received in england upon the commodities thereof , many great factories and trades erected and encouraged , the lands of wales greatly improved , and freedome , formerly denyed , had of trade and commerce with them ; the marches of wales secured from the incursions of the welch and the northern counties from those of the scots ; abundance of markets and fairs granted more then formerly ; great store of cattle brought in yearly from ireland and scotland ; and many a good and beneficiall law and act of parliament made to remedy the peoples grievances , and better enabling them to performe those very ancient and legall duties of pourveyances , or compositions for them . which may with us be understood to be the more reasonable , when the pourveyance or compositions for them in england , if they did yearly charge the people , or amount unto , as they did not , fifty or sixty five thousand pounds per annum , or thereabouts , did not yearly draw out of their pu●ses or estates so much as that which is yearly laid out in their buying of babies , hobby-horses , and toyes for their children to spoyl , as well as to play withall : or in the yearly charge of the counties in the amending of the high-wayes , treatments given to harvest folk , expences of an harvest goose or seed-cake , given to their plowmen ; and keeping a wake or parish feast every year , or the monies which the good women in every parish and county do gladly rid themselves of in their gossipings at the birth of their neighbours children , and many other most triviall , chearfull , and pleasing disbursements ; and nothing near so much as this last years excess in the wearing of perrukes or periwigs ; some at three pounds , others at five or ten pounds price , which clerks , and the smallest size of tradesmen and journymen , apprentices , ba●be●s , and vintners boys must of necessity have to hide their heads and little wit is . or in the womens long & needless trains , or unreasonable length of their gowns ( every lady or gentlewoman , or many ridiculous proud citizens wives being certainly not dutchesses or countesses , or allowed to have their trains carried up ) to shew the length of their vanities , and informe the common people , who do with abhorrence behold them how much better it would be to bestow that ten or twenty pounds per annum , so foolishly expended , upon the poor in charity and almes deeds , then to make their tails the beesoms or deputy-scavengers of the streets or places where they walk ; or the mony which hath been lately expended in altering or putting too many of the common people into the low crowned little hats or flat caps , to cover the folly of every absalom or inhabitant in a hideous bush of hair or periwig ; or their adorning them with as many ribbons , as the vanities they are guilty of : or in the yearly or never murmured at charges or expences of almost all sorts of people , as well in the countries as cities , in the exchanging or following of fashions , as if they were to make all the hast possible they could to purchase them , lest there should not be fools enough in the nation , or that the ridiculous french ape should not have enough to be of his livery or retinue . ▪ and as to the severall kinds of all those severall particulars , would make the foot of the accompt to be a great deal more then that of the pourveyance or compositions for them , which was so easie and petit , as in most of the counties of england it was many times not singly rated or assessed , but was joyned with some other assesse . and in kent , where ten or twenty times more being gained by the kings residence at westminster , more was paid then in any one county of england , was so little felt and regarded , as a tenant paying one hundred pounds rent per annum for his land , did not think it worth his care to reckon it to his landlord , and demand an allowance for it . the counties and places which did pay most towards the furnishing of the kings household provisions , being those which abound most with them , and were the greatest gainers by their neighbourhood to the constant residence of the king and his courts of justice : and those which were more remote , had but little charged upon them , as all the shires of wales but three hundred sixty pounds per annum , herefordshire one hundred eighty pounds per annum , and that large county of york as big as three others , but four hundred ninty five pounds per annum . and may tell us how irrationall and uneven it will be for the people of england to rank with or above the care of their souls and religion , their endeavours to preserve their liberties , customes and privileges , some of which are hard and severe enough , as the forfeiture of the widows estates for life in their deceased husbands copyhold estates of inheritance for marrying a second husband , unless they shall come into the court baron of the lord of the manor riding upon a black ram , and acknowledge such a fault committed : or the custome of the manor of balshale in the county of warwick , where the lord of the manor was to divide the goods and personall estate of the deceased , with his wife and children : the custome of the manor of brails in the same county , not to marry their daughters , or to make their sons priests without licence of the lord of the manor : or of the manor of brede in the county of sussex , where the widows are not to be endowed , or have dower of any of the lands of their first husband , if they shall marry again . the custome of some manors that the copiholder shall not sell his lands unto a stranger , untill he shall have first offered it unto the next of kin , or neighbour ab oriente solis , dwelling on the east side of him , who giving as much as others would do for it , are to have it : or where the copiholder is to give his lord a certain summe of money towards his charges in the time of warre ; or to forfeit his land , if summoned unto the lords court , & doth wilfully make default : or that the lord or lady of the manor of coveny in the county of cambridge , should have for every fornication or adultery committed in the manor , a lecherwyte , or penalty of s. and d. for selling a hog without licence of the lord of that manor ; and five shillings for a licence for any one of the tenants daughters to be married . and yet do all they can to infringe and abolish those iust , ancient , and legall rights and privileges of the kings which should protect and defend them and theirs ; and being rationabilia & legitimè praescripta most reasonably and lawfully prescribed ought to be inviolabilia , quia nec divino juri nec legibus naturae , & gentium , sive municipalibus contradicunt , inviolable when they contradict not the laws of god , nature , and nations , and the laws of the land , as if all that is to be found in our laws , and reasonable customes should be only to protect the peoples rights and liberties , and the inferiour members of the body politique , and to diminish and abrogate that of the kings , the superiour more noble , and therefore the more to be respected ; or as if the power of a prince should be the better when it is weakest ; a blind or decrepit pennyless captain or generall more usefull for their warres then a sampson a david , or a solomon as full of riches as w●sdome , and a wooden sword more for that purpose then one of iron and steel , or that of goliah . how unjust as well as unreasonable it would be for the people of england , to rack and raise the rents and rates of their lands and commodities , & increase their own revenues and prices of victuals and houshold provisions , five or six to one more then it was when the compositions for the pourveyance was agreed upon in the third or fourth year of the reign of queen elizabeth , and lay the burden thereof only upon the king , make him to be as an amorite or stranger in our israel , and his own dominions , paying an enhaunced and oppressing rate and interest for food and provisions for himself and his houshold : and to receive his rents and other monies due unto him after the old rate , and buy at the new , take little more then four pence instead of a shilling in every summe which is paid him , and pay twelve pence for every groats worth which he hath occasion to buy , and drive or inforce him by buying all by the penny , and being left to the mercy of the sellers to such a prejudiciall necessity or custome as would certainly undoe and ruine all the nobility , gentry , clergy , tradesmen , mechanicks , and people of england , if they should but imitate him . and would without the help of our s●●taries or levellers , have ere now destroyed and ruined the two famous universities of oxford and cambridge , those great lights and fountains of learning in our nation , and have brought their towring colledges halls , and glorious buildings into their rubbidge , or little more then a story to talk of as travellers sometimes do of the heretofore university or publique school of stamford , if the act of parliament in eliz , had not better provided for them , and ordained , that a third part of the rents of the lands belonging unto them , should be for ever reserved and paid in corn , malt , and other provisions at their election . or now to deny it him , when as if he or his father , or royall progenitors could have foreseen any dislike or complaining of such an ancient and unquestionable right of the crown , he or they might by a restraint of their bounties and indulgencies have made themselves not only savers , but gainers by it ; or reserved more then that in their multituds of grants and fee-farme rents . and did never as cromwell , that dissembling and devouring hiena or wolfe of the evening , dig or teare up by the roots as many of our laws and liberties as he could , upon a pretence of defending and protecting them , call our magna charta in the worst latin that ever brewer or englishman spake , magna fartae , imprison the lawyers that pleaded for the peoples liberties , and was so little sensible of their being tired or impoverished with taxes , as he could , when he was lieutenant generall of the army of reforming harpies , give some gentlemen of the county of bedford , who complained of their heavy burdens , and the poverty of that county , no better an answer or ease , then that he would never believe they were unable to pay taxes as long as they could whistle when they did drive their plows and carts . nor did after the horrid murder of his father , and his own exile and sufferings by an almost twenty years rebellion of the greatest part of his subjects , ( grown rich with the plunder and spoyl of those that adhaered unto him ; and having destroyed the sheep , can now as if they were innocent , appear in sheeps clothing , ) enforce those that rebelled against him and his royall father to compound , as king h. . did his rebellious people ( all but the unhappy robert ferrers earl of derby , the heirs of simon de mountfort earl of leicester , and some few others ) for their pardons or redemption of their forfeited lands , by his commission , or dictum de kenelworth , according to the nature of their several delinquencies , so as the greatest fines should not exceed five years , and the lowest not be less then two years of the then true yearly value of their lands and estates , neither as the late pretended parliament and oliverian tormentors of all that were good , did in a more severe manner , when they forfeited , and would not permit many of the loyall party at all to compound , and constrained the rest to compound for a supposed fighting against the king , when it was well known , that they did really fight , and suffer for him ; made them to pay great and excessive fines , some according to a third , and others a half of the full yearly value of their lands and estates ; and others in what arbitrary way they pleased for their personal estates , and moneyes due unto them : and after they had proceeded so farre in the ruining of them , and granted them a slender act of oblivion , choaked with a great many of provisos , did upon the loyall attempts of some of them , to recall their king and liberties , decimate , and make those also that had not therein offended their masterships of sin and rebellion , to pay and compound for a tenth of their estates , as if loyalty had been a sin , and like that of adam , the first inhabitant in the world , been to be punished in all the loyall party , and their generations , squeese their estates , or require any contributions , or summes of money of them more then of all the loyall party , towards the payment of many hundred thousand pounds sterling in arrear , to themselves and the souldiers which had been before imployed to ruine him , when after his most happy restauration , he was contented for the quiet and welfare of the nation to pay it out of his own revenues & the publick and generall contributions . nor did in his act of parliament for a generall pardon and indempnity insert any proviso for their good adhaering towards him and his royall crown and dignity ; or compel them as is usually done in cases of pardons for felony or manslaughter to find sureties for their better behaviour towards him and his people . but gave way unto his extraordinary mercy and compassion to a people who in the career of their sins , rebellion , and rapine , could not find the way to pity the sad condition of their souls , bodies , and estates , and in all that concerned the good and welfare of his people , was willing to imitate and remember that maxime of his blessed father the martyr , that the peoples liberties did strengthen the kings prerogative , and that the kings prerogative is to defend the peoples liberties ; and was lately heard to say , that he would not , if he might , be absolute , or not restrained in many things by the laws which he or his royall progenitors had made or granted , that the laws of england were the b●st laws in the world , that if the wisest men in the world had been appointed to make laws , they could have made no better ; and that if they had not been made , he would most willingly make the same again . how little would be gained to the people by denying him the pourveyance , or compositions for them , who hath a just , most antient , and legall right to those their small retributions , if he should restrain the bitings and oppression of their markets and merchandize , or by his removing his residence and courts of justice from westminster , make london and her twelve adjacent counties , viz. middlesex , kent , surrey , sussex , southampton , essex , hertford , bedford , cambridge , huntington , buckingham , and northamptonshires , to loose more then forty times as much every year by it : although he should not abate or bring down the rates of rents and provisions so low as king edward the sixth did intend to do , when to satisfie some of the discontented commons and people in armes and rebellion against him , he did undertake , that there should be an act of parliament in the next ensuing parliament , to lessen and reduce the rents of lands ( scarce half so high and unreasonable as now they are ) to what they had been forty years before . and how unequal it would be , that the people should by infringing of the lawes , and by the improvement and high rack of their lands and commodities , take advantage of their own doing of wrong unto others , and that the citizens of london , and the inhabitants of the twelve adjacent counties should desire his residence to be so near his chamber of london , and make him by the taking away of his pourveyance so great a looser by it ; when if like the sun in the firmament , he should diffuse and carry his light and heat to all the parts of his kingdom , and not make london and its neighbou●ing counties an east or west-indies , and the rest of the kingdome to be as a greenland , either by removing his courts and residence to worcester or ludlow towards wales , or to york , the people of london , and the neighbouring counties would as soon lament his absence and removall , as he would find the ease and benefit of it : as his royall father king charles the martyr did in the year , when he was at newcastle with his court and army in the borders of scotland , where the rate or price which he allowed at london for the provisions of his houshold , according to the compositions for the pourveyance , appeared to be so much above the market rates , as the people brought it in so plentifully , as he was enforced by his proclamation to forbid the bringing in of such an overplus . and may to their cost hereafter believe that they shal be as little gainers by that small yearly sum of mony , which they do but think they shall save by the not paying the compositions for the pourveyance , or by the kings acquitall of it , as they have been , or may be in his release of his tenures in capite , and by knights service ; when they dream of that which may be imagined to be a benefit ; but when they are waking , will never be found to be so , and will in the yearly expence or accidents of the better and richer part of the people in the charges of finding offices , defraying the fees of escheators and feodaries , many writs process , and suits in that which was the court of wards and liveries , and their payment of rents & compositions for wardships will not be enough to satisfie , or set against the very many great oppressions , mischiefs , and inconveniences which since the taking away of that court , and the tenures in capite and by knights service have fallen upon the orphans or fatherless children of that part of the people and their estates , when the wolves shall be made the keepers of the lambs , and every indigent or wastfull father in law shall be a guardian to those whose estates he makes it his business to spend and ruine , or to transferre upon his own children : and the charge and trouble of petitions at the councell board , or more tedious suits in chancery to be relieved against them ; the pay of more life-guards , or a small standing army ( to keep the people within the bounds of their duty , and secure good subjects from the mischief intended by the bad ) frequent musters of the trained bands more then formerly , and of an army to be hired upon an occasion of an invasion , or the transferring the sedem belli , or miseries of warre into an enemies country , much whereof would not have needed to be , if the tenures in capite , and by knight-service , those stronger towers and forts of our david , those horsemen and charriots of our israel ; and alwayes ready garrisons composed of the best and worthiest men of our nation ; not hirelings taken out of the vulgus , nor unlettered , unskilfull , and uncivilized , nor rude or debauched part of the people ; but of those who would fight tanquam pro aris & focis , as they and their worthy ancestors ever used to do , for the good and honour of their king and country , and the preservation of their own families , as being obliged unto it by the strongest tyes and obligations of law and gratitude , which ever were , or could be laid upon the fortunes estates , souls and bodies of men , that would have a care but of either of them . or to put in the ballance against the benefits which they had in the preservation of their woods , recording their discents and titles to their lands , and many a deed and evidence which would otherwise have been lost , or not easie to be found , and the help and ayd which their heirs in their infancies have never failed of in all their suits and concernments . and the seldome abuses of some naughty pourveyors , and the complaints thereby do not any thing neer amount unto the immense gains of the people , of some millions sterling per annum , in their vast improvements of their lands and estates by the rack and rise of rents enhaunce of servants and labourers wages , and all commodities in all parts of the kingdome before and since the reign of queen elizabeth , when the compositions for the pourveyance were made and agreed upon , may seem but a very small yearly retribution to the king or his royall progenitors for permitting so much as shall be reasonable of it : and the people of england might better allow him those small and legall advantages , which are , and will be as much for publique good as his own , then they do themselves in many of their own affairs one with another in many of their particular & private ends & advantages ; wherein the will and bequests o● the dead & their hospitalls , legacies , or gifts to charitable uses , are not , nor have been so well managed as they ought to be . as may be instanced in those multitudes of charitable legacies or gifts in lands , originally cut out and proportioned to the maintenance of certain numbers of poor , or for some particular uses , which by the increase and improvement of rents before and since the dissolution of the abbies , religious houses , and hospitals , did very much surmount the proportions which were at the first allowed , or intended for them . and with more reason and justice , then the city of london , and many of their guilds and fraternities do now enjoy divers lands which were given for lamps , and other superstitious uses , for which they compounded by order of the councell board with king edward the sixth for twenty thousand pounds , and more then that , which that and many other cities and towns do take and receive for tolls , which being many times only granted for years ; or upon some temporary occasions are since kept and retained as rights : besides many gifts and charitable uses since the dissolution of the abbies and religious houses , amounting to a very great yearly value , which by the improvement and rise of rents , beyond the proportion of the gifts , or the intention of the givers , have been either conveyed by j●yntures or leases to wives or children , or much of the overplus which came by the improvement , or concealed charitable uses , converted by the governours of many a city and town corporate , to the maintenance of themselves , the worship of the corporation , and many a comfortable feast and meeting for the pretended good of the 〈◊〉 people thereof , who are but seldome , if at all the better for it . some of which not to mention any of greater bulk or value , may appear in a few instances instead of a multitude of that kind , dispe●sed in the kingdom as two closes of land , or meadow ground lying in the parish of shoreditch in the county of middlesex , given by simon burton , citizen and merchant-taylor of london , in the year . unto st. thomas hospital upon condition , that the governors of the said hospitall should yearly give unto poor persons of the said parish , on the , , or dayes of december for ever the summe of eight pence a piece . mr. william hanbury , citizen and white-baker of london , did by a surrender in the year . give unto elizabeth spearing certain copihold lands in stebu●heath and ratcliffe in the said county , to pay the parson and church-wardens of the said parish for ever , to the use of the poor people there , two and fifty shillings yearly , which by consent of the parish , is by twelve pence every wednesday weekly bestowed upon the poor abroad . and mrs. alice hanbury widow by her will did in the same year give unto mr. george spearing a tenement in the said parish , wherein william bridges a taylor then dwelled , upon condition that the said george spearing , his heirs and assignes should yearly pay to the churchwardens of the said parish and their successors , to the use of the poor and impotent people , thirteen shillings and four pence . and that whether the king be enough recompenced , or not at all recompenced for his pourveyance , it would be none of the best bargains for the subjects of england , or their posterity , to exchange or take away so great and n●●●ssary a part of his prerogative , or support of majesty , as the pourveyance or compositions for them were , which in the parliament in the th year of the reign of king james , were held to be such an inseperable adjunct of the crown , and imperiall dignity , as not to be aliened , and some few years after believed by that incomparable sir francis bacon , afterwards lord chancellor of england , to be a necessary support of the kings table , a good help , and justly due unto him : and the learned both in law and politiqu●s in other nations as well as our own , have told us that such sacra sacrorum ( is baldus ) and individua ( as cynus ) termeth them , which jurisconsultorum communi quodam decreto , by an uncontraverted opinion of all lawyers , nec cedi , nec distrahi , nec ulla ratione ababienari a summo principe posse , cannot ( as bodni saith ) be granted away , or released , no● by any manner of way alienated or withholden from the sovereign prince ; nec ulla quidem temporis diuturnitate praescribi posse , nor by any length of time prescribed against him ; and are therefore by besoldus cal-called imperii & majestatis jura & bona regno conjuncta incorporata , seu corona unit a quae princeps alienari nequit ; the rights of empire and majesty , and the goods and part of the crown so incorporate and united unto it , as the prince cannot alien them ; which to attempt would not be much different from the endeavours to restrain a prince by a law not to receive or demand any subsidies , oblations , civilities , or respects from his people ; which like a law against the word of god , or contra bonos more 's . would by the opinion of our no less judicious and learned hobart , bacon , and hutton , be voyd and of none effect , for the presents and good will of inferiours unto their superiours , ( not bribes to corrupt justice ) either for favours done or to be done , is one of the antient and most noble customes which mankind hath ever practised , and began so with the beginning or youth of the world , as we find the patriarch jacob sending with his sons to his then unknown son joseph , besides the mony which he gave them to buy corn in egypt , a present of the best fruits of the country , a little balm , and a little honey , spices and myrrhe , nuts and almonds . saul when he thought not of ever being a king , whilst he was busied in the enquiring for his fathers asses , did not think fit to goe unto samuel the man of god , who was then accompted honourable , unless he had a present to bring him . most of the people of the east brought presents unto their kings , as was seen in the splendour and greatness of solomon ; and sine quibus , as grotius saith , reges non adire solebant , did not without presents come a near their kings ; and was a custome long after not forgotten by the kings or wisemen coming out of the east to worship & adore our blessed saviour at his birth . the persians in their kings progresses , did munera offerre neque vilia vel exilia , neque nimis praetiosa & magnifica , bring him presents neither precious nor contemptible , from which etiam agricolae & opifices , workmen , and plowmen were not freed in bringing wine , oxen , sheep , fruits , and cheeses , and the first fruits of what the earth brought forth , quae non tributi , sed doni loco censebantur , which were not received or given as tributes , but as oblations and free gifts , which made the poor persian synetas , when he met with artaxerxes and his trayn in the way of his progress , rather then fail of something to offer , hasten to the river , and bring as much water as he could in his hands , and with a chearfull countenance , wishes , and prayers for the health of the king present it unto him . nor was not so altogether appropriate unto those eastern countries , where god spake first unto his people , and the sun of his righteousness did arise ; but was long agoe practised in england , where the custome was , as gervasius tilburi●nsis , who wrote in the reign of henry the second , and lived in the reign of king henry the first , informs us upon all addresses to the king qua●dam in rem & qua●dam in spem offerre , to present the king with some or other presents , either upon the granting of any thing , or the hopes which they had that he would do it afterwards : and so usually as there were oblata rolls or memorialls kept of it in the reign of king john , and some other the succeeding kings , and the queens , or their royall consorts , seldome escaped the tender of those gratitudes of aurum reginae , money or gold presented unto them , as well as unto their kings , and was a custome not infrequent in the saxon times , as appeareth by our doomsday book , the most exact and generall survey of all the kingdome , and so little afterwards neglected , as it was paid upon every pardon of life or member , and so carefully collected , as it was long after in the reign of king henry the third by an inquisition taken after the death of gilbert de sandford , who was by inheritance chamberlain to the queens of england , found that he had amongst many other fees and profits due unto him and his heirs , by reason of that office six pence per diem , allowed for a clark in the court of exchequer , to collect and gather the oblation or duty . neither can there be any reason given why the clergie , for whom god the ratio rationum incomprehensible wisedome and greatest perfection ordained so great a pourveyance for them in their tythes and oblations , should enjoy it , and his vice-gerent and protector of them be without it , the nobility , and many of the gentry , and laity not want it either in kind , or some other satisfaction for it , and all cities , corporations , guilds , and societies furnish out their grandeur and greatness derived only by reflection from that of the kings ▪ and he only be deprived of that which should maintain his hospitality , and was so usefull to all other king● and princes for the gaining of the affections of the people , et a concilier ( as l●i● de orleans saith ) l' amour de 〈◊〉 subject● quil● 〈◊〉 par le bouche & d' leurs le pe●ple au 〈◊〉 & les p●●ds a lateste pour affirmir le corps politique , et le l●er par ▪ une grac●●use voire necessaire correspondence ; and to procure the love of the people , who are taken by the mouth , and to fasten them unto the king , and the feet unto the head , strengthen the body politique , and unite all the parts thereof by a loving and necessary complyance , when he doth at the same time yearly pay and allow some thousands of pounds for the support and pourveyance of his councel in the marches of wales , and his judges and justices of the peace , and other officers in the kingdom for the administration of justice . or for us to think that when god in his government of his chosen people of israel , in that his most righteous theodratie , did command them not to delay the offerings of the first of their ripe fruit● and of their liquors , and of their oxen and their sheep , and ordained , that if a sheaf were forgotten in the time of harvest , they were not to goe again to fetch it ; and when they did beat their olive trees , they should not go ●ver it again ▪ and gathered their grapes , they should not gle●n them , for they should be for the ●tranger , the f●therless ▪ and the widow , he would now be well pleased with such an unworthy sparing and avarice of subjects , in withholding their oblations from his deputies , and disabling them from relieving the strangers , the fatherless , and the widows . and that the rates of his houshold provisions being much the same , or very near unto those which were agreed upon by the justices of peace of every county ( who cannot be understood to be any strangers to the rates and market prices of every county ) might not be now as cheap afforded as they were then , or when they were cheaper in the ● ▪ year of the reign of king henry the eighth , now not much above years agoe , when great b●eves were provided for a great and pompous serjeants feast at ely house in london , where the king , queen , and many of the nobility , the lord mayor and aldermen of london were present , ( such provisions being then probably at a greater price then ordinary , ) for s. d. a piece from the shambles , a carcase of an oxe at a●● s. d. a piece , one and fifty great veals at s. d. a piece , four and thirty porks at s d. a piece , ninety one pigs at d. a piece . capons ten dozen at d. a piece , kentish capons nine dozen and a half at d. a piece , capons course nineteen dozen d. a piece , cocks of gross seaven dozen & nine at d. a piece , cocks course fourteen dozen and eight at d. a piece , pullets the best at d. ob . a piece , other pullets d. pigeons thirty seaven dozen at d. a dozen , and larks , three hundred and forty dozen at d a dozen ; if the magistrates of england , who are trusted by the law with the assi●e and correction of the rates and prices of victuals and houshold provisions , and the punishment of ingrossers , forestallers , and regrators , did not sleep over their duty ; or too many of the justices of peace , and lords of leets did not finde it to be more for their own advantages to improve and raise their lands to the highest rack , rather then reduce those now exorbitant rates and prices into that order which the laws and statutes of england do intend they should be . there being no just cause to complain of our payments to the king for his pourveyance , or any other of his necessary affairs , when the cry and daily complaints of our want of money , is not so much by reason of our want of trade , as our want of wit , by mispending that which should regularly and orderly maintain us and our families ; and it is not our want of trade , but our too much trading in pride , excess , and superfluities , which hath brought the nation into that hectique feaver , and almost incurable consumption , which hath now seised upon the vitalls of it , and would be very evident , if a strict accompt and view were taken of what hath been needlesly and vitiously spent within these last twenty or thirty years more then formerly in apparrel , diet , wine , tobacco , jewels , coaches , new fashions ; greater portions given with daughters , then our forefathers could either have given or thought fitting ; increase of servants , artificers and labourers wages ; gaming by women as well as men , great interest and brocage paid for money , and buying upon trust to support their vanities ; and twenty millions sterling lately spent in the enterteynment of the devil , and a most horrid rebellion , and seeking for a liberty ; to loose all our own liberties , and may give us to understand , that if we had that money again , which was so foolishly mispended , those that could then lay it out , and now want it , might subscribe unto this undenyable truth , that there would be greater riches and less necessities seen in england , then in any other nation , and enough and more then enough to drive the trade thereof ; and that whilst the back and belly have vyed who should be most inordinate and profuse , the improvement of rents , wages , and commodit●●s , have been to no better a purpose then to improve our vices , and the nationa●l as well as particular miseries and damage , which are and will be the never ●a●ling concomitants and consequents of it : for no reason can be given why we should not as chearfully submit to any thing that tends to the support of the king and the honour 〈…〉 nation , as every citizen of london and man of trade will do to the furnishing of pageants or publick 〈◊〉 for the honor and reputation of their city or company , or as the universities sometime do in an entertainment of the king , or their chancellour , though they did at the same time contribute to the pourveyance ; or as the people of england did in the th year of the reign of king edward the th , when the queen regent of scotland●n ●n her return out of france thither , desiring to take her journy through england was by the city of london presented at her fi●st coming with muttons , beefe , veals , poultry , wine , and all other sorts of provisions necessary for the entertainment of her , and her no small train , even to bread and f●well ; and when she departed to goe for scotland , was after great and princely entertainments by the king at whitchall conducted by the sheriffs of london , to whose care the king had committed it , as farre as waltham , and by all the sheriffs of all the counties through which she passed , untill she came unto the borders of scotland , her enterteynment being provided by the kings appointment at the charge of the counties . nor can it be for the honour of the english nation to come behind the jews , that stiffe necked and rebellious race of mankind in their kindness and returns unto their kings and princes , who notwithstanding that pedagoguy and hard hand of government , which the almighty in his eternall wisdome found necessary to put upon them in their releasing of servants , and letting their lands lye untilled every seaventh year , permitting their debtors and mortgagors or ven●ors in every jubile , or year , to enjoy their lands and estates , and to be at liberty : their many and many times free-will and thanksgiving offerings , peace-offerings , sin-offerings , costly sacrifices , feasts unto the lord , and journeys to jerusalem , the offerings which were brought and prepared for the building of the tabernacle in such aboundance ( a readiness and zeal not now to be found amongst us , as formerly in the building of churches , or repair of the cathedral of st. paul ) as god directed moses by a proclamation to restrain them from bringing any more : and their males appearing three times in every year before the lord not empty handed and their very large offerings also at the dedication of the temple , when solomon their king invited them unto it , and their corban or money , often given to the treasury of it , could not forget their respects and duty to their kings in their presents or pourveyance for them and their houshold . when god would not suffer the majesty of kings , shining as the beams & reflections of his divine majesty upon the face of moses when he came down out of the mount from his conference with him to be abated or lessened , but shewed his care of it in the severe punishment of the gain-saying of corah , dathan , & abiram , and their saying that moses took too much upon him ; and is , and ever hath been so essentiall , & very necessary to the preservation of authority and government , and the subjects and people under it : as saul , when he had incurred the displeasure of god and his prophet samuel , desired him not to dishonour him before the people . and david , when he heard how shamefully his embassadours had been abused by the king of ammon , ordered them to stay at jericho untill their beards were grown out . the romans , who being at the first but bubulci and opiliones , a rude company o● shepheards & herdsmen , and were looked upon as such a base and rude rabble , as the sabines their neighbours scorned to marry , or be allyed with them , did afterwards in their growing greatness , ( which like a torrent arising from a small assembly of waters , did afterwards overrun and subdue the greatest part of the habitable world ; ) hold their consuls in such veneration , as they had ( as cicero saith ) magnum nomen , magnam speciem , magnam majestatem , as well as magn●m potestatem , as great an outward respect and veneration as they had authority , and were so jealous and watchfull over it , as their consul fabius would rather lay aside the honour due unto his father from a sonne ( of which that nation were extraordinary obse●vers ) then abate any thing of it , and commanded his aged father fabius , the renowned rescuer and preserver of rome , in a publique assembly to alight from his horse , and do him the honour due unto his present magistracy , which the good old man , though many of the people did at the present dislike it , did so approve of , as he alighted from his horse , and embracing his son , said , euge fili sapis , qui intelligis quibus imperes , & quam magnum magistratum susceperis , my good son , you have done wisely in understanding over whom you command , and how great a magistracy you have taken upon you . and our offa king of the mercians in an. dom. , an ancestor of our sovereign , took such a care of the honour and rights due unto majesty , and to preserve it to his posterity , as he ordained , that even in times of peace , himself , and his successors in the crown , should as they passed through any city have trumpets sounded before them , to shew that the person of the king ( saith the leiger book of st. albans ) should breed both fear and honour in all , which did either see , or hear him . neither will it be any honour for christians to be out-done by the heathen in that or other their respects and observances to their kings , when the romans did not seldome at their publique charge erect costly statues , and memorialls of their g●atitude to their emperours , make chargeable sacrifices , ad aras & in aedibus honoris & virtutis , in their temples of honour and virtue , could yearly throw money into the deep lake or gulfe of curtius in rome , where they were like never to meet with it again pro voto & salute imperatoris , as offerings for the health and happiness of their emperou●s ; and all the city and senate , calendis januarii velut publico suo parenti imperatori strenas largiebant , did give new years-gifts to the emperour as their publick parent , & bring them into the capitol , though he was absent , and make their pensitationes , or composition for pourveyance for their emperours to be a canon unal●erable . or by the magnesians and smirnaeans , who upon a misfortune in warre hapned to seleucus king of syria , could make a league with each other , and cause it to be engraven in marble pillars , which to our dayes hath escaped the iron teeth of time , majestatem seleuci tueri & conservare , to preserve and defend the honor and majesty of seleucus , which was not their sovereign or prince , but their friend and ally . nor any thing to perswade us that our forefathers were not well advised , when in their care to preserve the honor of their king and country , they were troubled and angry in the reign of king h. . that at a publick feast in westminster-hall , the popes legate was placed at the kings table , in the place where the king should have sate , or when the baronage , or commonalty of england , did in a parliament holden at lincoln , in the reign of king edward the first by their letters to their then domineering demy-god the pope , who was averse unto it , stoutly assert their kings superiority over the kingdome of scotland , and refuse that he should send any commissioners to rome , to debate the matter before the pope in judgement , which would tend to the disherison of the crown of england , the kingly dignity , and prejudice of the liberties , customes , and laws of their forefathers , to the observation and defence of which they were ex debito prestiti juramenti astricti , bound by oath , and would not permit , tam insolita & praejudicialia , such unusuall and prejudiciall things to be done against the king , or by him if he should consent unto it . or when the pope intending to cite king edward the third to his court at rome , in anno of his reign , to do homage to the see of rome for england and ireland , and to pay him the tribute granted by king john , the whole estates in parliament did by common consent declare unto the king , that if the pope should attempt any thing against him by process , or other matter , the king with all his subjects should with all their force resist him : and in anno of king ed. . advised him to refuse an offer of peace made unto him by david le bruse king of scotland ( though the war●es and frequent incursions of that nation were alwayes sufficiently troublesome & chargeable ) so that he might enjoy to him in fee the whole realm of scotland , without any subjection , and declared that they could not assent unto any such peace , to the disherison of the king and his crown , and the great danger of themselves . or that william walworth he gallant mayor of london , whose fame for it will live as long as that city shall be extant , was to be blamed , when he could not endure the insolency of the rebel wat tyler in suffering a knight whom the king had sent to him to stand bare before him , but made his dagger in the midst of his rout and army teach his proud heart better manners . or richard earl of arundel●nd ●nd surrey did more then was necessary , when as he perceiving before hand the after accomplished wicked designe and ambition of john of gaunt duke of lancaster , and titular king of leon and castile , did before the downfall of that unhappy prince king richard the second , complain in parliament that he did sometimes go arme in arme with the king , and make his men wear the same colour of livery that the kings servants did . or that it was ill done by the parliament in the th . year of the reign of that king , when they petitioned him , that the prerogative of him and his crown might be kept , and that all things done to the contrary might be redressed : or that the lords spirituall and temporal , and commons in parliament assembled in the th year of the said kings reign , did not well understand the good of the kingdom , when upon a debate and consideration of the popes usurpation and incroachments upon the kings regalities , and his holiness provisions made for aliens and strangers by the benefices of the church of england , they did unanimously declare , that they and all the leige commons of the realm would stand with the king and his crown and regality in the cases aforesaid , and in all other cases attempted against him his crown and regality , in all points to live and to dye : or that our forefathers were not to be imitated in their stout assertions of the rights of their kings and their regalities , when in their zeal thereunto humphry duke of glocester , when the pope had wrote letters in the reign of king henry the sixth in derogation of the king & his regality , and the church-men durst not speak against them , he did throw his letters and missive into the fire and burn them . or that it can be well done by us to withhold from him that small retribution of pourveyance ( which is a duty established by a fourfold obligation , composed of a right or duty , a very antient custome backt by the laws of god , nature , and nations , the oaths of allegeance and supremacy , and a contract made and continued by the people to their kings , built upon the best and greatest of considerations , which the prophet david in the th psalm , if it had not been ( as it is ) beneficiall to the people , but to some loss or damage , adviseth not to be broken ) and enforce him for want of it to give over his housekeeping ; and deprive him of that loadstone which might amongst many other of his daily graces and favours , attract and draw unto him the love and affections of his people , & the most iron & rusty hearted clowns ; or leave our trajan no wall for his ●erba parietaria , sweet smelling flower to grow upon . or that it can be any honour for our lords and ladies , who received their honour from the king and his progenitors , and were in the saxon times called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , lords and ladies from their hospitalities , and giving of bread , to see , and not seek or help to remedy the greatest dishonour which in the consequence of it was ever put upon the fountain of honour and a king of england , in solio , in his throne and full possession of his kingdome ; and so much the more and without an example , because it is not in the time of a rebellion , but a happy restauration , and in the time of peace , after an end or conclusion of an intestine and barbarous warre ; and so notorious as it hath been told in the streets of gath and askalon , and stirred up some unmannerly fancies and pictures made by some of our envious neighbours in reproach of it . or that there can be any reason that those that think it reason that the king should recompence them for their losses and damages susteyned in his service , in doing their duty unto him , should not be as willing to give him an ease in his losses by any agreement made with them , which proves to be prejudiciall , or a damage unto him : or that we may not give our selves in assurance , that the baronage of england , who in a parliament in the th year of the reign of king henry the third , refused to consent to an act of parliament for the legitimation of such children as were bot● before marriage to parents afterwards married , and clapping their hands upon their swords , cryed una voce , with one voice , nolumus mutare leges angliae , we will never consent to change the laws of england , would now , if they were living , say more , and bewail the downfall of the honor of their king and country : and not only they , but all the then hospitable gentry and commonalty of england . lament to see so good and gracious a king allied to all the greatest houses , and princely families of christendome , by a discent farre beyond the most antient of them , and an extraction of blood equalling , if not surpassing the greatest of them , and as well deserving of his people , want the means to support a magnificence as high and illustrious as any of his royall progenitors , and not to be able for want of his pourveyance to give his servants diet or wages ; and that some of the principall of them , as the treasurer and comptroller , being sworn by the orders of the house , that all things in the kings house be guided to the kings most worship , and that they search the good old rule worshipfull and profitable of the kings court used before time , and them to keep , and better if they can ; should have so much cause as they have to weep , as the priests did at the destruction of the temple of jerusalem , and complaining that the beauty is departed from the kings house , his servants are become like harts that find no pasture , and they that did , feed plentifully are desolate in the streets . wonder what wild boar out of the forrest , or fox out of the wood have so destroyed and laid wast the vineyards and the gardens , the beds of spices , the roses of sharon , and the lilies of the vallies ; that some of our temples should be gloriously re-edified , and our zion repaired , and yet the glory of our solomon and his housekeeping not restored , but his servants ruined and their names , as to their pay and maintenance blotted out of the registers , that the winter should be past , the rain over and gone , the flowers appear on the earth , the time of the singing of the birds come , and the voyce of the turtle heard in our land ; and the state and magnificence of our solomon and his royall housekeeping , which would have heretofore astonished a queen of sheba , should be now most needlesly exchanged for a desolation , and bear all the marks upon it of a languishing honour . that the courts and palace of our most gracious king charles the second , by a mischance of quitting his rights of prae-emption and pourveyance , or compositions for them , should as to many of its attendants , have all the year turned into an ember week , and be about noon or dinner time , like the silence and want of company at midnight ; or a representation of the middle isle of the cathedrall of st. pauls in london , destitute of all its walkers or company but such as had nothing to buy their dinner withall ; which heretofore begot the reproachfull adage or saying usually cast upon such men of distress and necessity , that they dined with duke humphrey upon a traditional mistake , that the monument of humphrey duke of glocester was in the middle isle of st. pauls church in london , when it appears by the armes engraven therein to be a beuchamp earl of warwick . and that the king of england , scotland , france and ireland should be necessitated to make a small room in white hall , a place to eat his meat in , and be contented with ten dishes of meat for the first and second courses for him , and his royall consort at dinner , when most of the nobility have as much or more , and the richest part of the gentry , and most of the rich merchants and tradesmen of london do not think such a proportion in their ordinary way of diet to be more then sufficient . and might remember that the royall pourveyance is , and hath been as well due to a prince in his palace , as in the field or his tents , and more deserved by a prince in the time of peace , and protecting us in the blessings enjoyed by it , then it is , or can be in the time of warre , when every man is willing enough to offer it to a marching army , that doth but hope and endeavour to defend them . and that god was so displeased with the refusers of it , as he resolved , that an ammonite or moabite should never enter into his holy and blessed congregation , because they met not the children of israel with bread and water in the way when they came forth out of egypt . that it was reckoned as a crime upon the people of israel , that they shewed not kindness to the house of zerubbaal , namely gideon , according to all the goodness which he shewed unto israel . that it was not only solomons stately throne of ivory over-laid with the best gold , adorned with the images of golden lions , that supported it , nor the forty thousand stalles of horses for his chariots , and twelve thousand horsemen , and the tributes and presents sent from many of the nations round about him , but his royall pourveyance and provision for his houshold , the meat of his table , sitting of his servants , the manner of their sitting at meat ; and the attendance of his ministers and their apparel , which among many other necessary circumstances of state and emanations of power and majesty , joyned with the other parts of his regall magnificence , raised the wonder in the queen of sheba , and took away her spirits from her . that to overburden our head , or heap necessities upon him , may bring us within the blame and censure of the judicious bodin , a man not meanly learned in politiques , who decrying all unbecoming parsimonies in a king or his family , delivers his opinion , that sine majestatis ipsius contemptu fieri non potest ea res enim peregrinos ad principem aspernandum , & subditos ad deficiendum excitare consuevit , that to lessen the number of a kings servants , or attendants cannot be done without a contempt or diminution of majesty it self , which may cause strangers to despise him , and his own subjects to rebell against him . that our ancestors the germans did well understand what a benefit the common people had by the princes honour and reputation , when they were so zealous of it , and ipsa plerunque fama belli profligant , many times found it to be a cause of lessening or preventing warres . and st. hicrom was not mistaken when he concluded , that ubi honor non est , ibi contemptus , ubi contemptus , ibi frequens injuria , & ubi indignatio , ibi quies nulla ; where there is not honour there is contempt ▪ and where there is contempt there are injuries , and where anger and wrath are , there is no manner of quiet . that it must needs be a prognostick of a most certain ruine to the nation to be so addicted to our pride and vanities , as to take all we can from the head to bestow it upon the more ignoble and inferiour members : or to be so infatuated , and so farre fallen out with reason , as to believe that they can enjoy either health or safety , when the head hath that taken from it , which should procure it . that our ancestors who were so great observers of their duties in the payment of their tithes , as to take more then an ordinary care to give and bequeath at their deaths a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or symbolum animae , as a mortuary or compensation pro substracti●ne decim●rum person●lium ▪ nec non oblationum , for tithes and offerings ( the pourveyance for those which served at the alta● ) negligently or against their wills forgotten , & to such a value as their dextrarium ferro coopertum , best horse carrying the armes ( not escutcheons ) of its lords and master ; or if the party deceasing were no● of so great an estate , gave meliorem bovem , his best oxe , and with such a solemnity as those or the like mortuaries were led or driven before the corps when it was carried to be interred ; or if not given in specie , were sure to be redeemed with money ; of which thomas de bello campo earl of warwick , in anno of the reign of king edward the third was so mindfull , as he did by his last will and testament , give to every church within his multitude of manours his best beast which should then be found , in satisfaction of his tithes forgotten to be paid , would ever have made it their business to withdraw or hinder their oblations and duty of pourveyance to god almighties vicegerent , the keeper of both tables , and the protector of them ; or rejoyce in the bargain which hath been made for the kings acquittal of it ; or by plowing over the roots or by the filthy smoke and vapours of some particular private ugly interests , have rejoyced in blasting and destroying that royall oak of hospitality , which like the mighty tree in nebuchadnezars vision reached unto heaven , and the sight thereof to the ends of all the earth , had fair leaves and much fruit , yielding meat for many ; under which the beasts of the field dwelt , and upon whose branches the f●wls of heaven had their habitation , to the end they might make their own fi●es , and wa●me themselves by the withered and dead boughs and branches thereof . or that the people of england , who were wont so much to reverence and love their kings , and to remember benefits and favours received from them , as to give lands and other hereditaments in pe●petuity to pray for the health of their kings , as amongst many others which may be instanced , ivo tallebois post decessum gulielmi anglorum regis donavit deo & sancto n●cholao pro animabus ipsius regis ac regine matildae uxoris ejus ad augmentum victus monachorum sanctae mariae de spalding decimam thelonei & salinarum de spalding , gave t●e tenth of his tolls and salt-pi●s to pray for the souls of william the conqueror and queen matilda his wife . mauserus biset , sewer to king henry the first , gave likewise in perpetual almes acres of land , and half of a mar●e-pit , to pray for the souls of his lord king henry , and of him , and his wife . and as geffrey de clinto● did in the reign of king henry the third , and william de whaplode in or about the th year of the reign of king henry the sixth , should be so willing to un-english themselves , and by a loathsome and ugly ingratitude , and for the saving & sparing of so inconsiderable an yearly charge , as their oblations in the royal pourveyance , or compositions for them amounted unto , make us to be every day more and more a by-word , reproch , and scorn to the nations round about us , and entail upon us those dishonors , mischiefs , inconveniences damages and accumulations of evils , which may sooner be foreseen and prevented then remedied . and to fasten it on , and be very sure not to fail of it , will be content so as with the rich man in the gospel , they may fare diliciously , live wantonly , and give entertainment to all their excesses of pride and vanity , to make themselves slaves to sin , and fool away their happiness : and if lazarus be after his death carried with angels into abrahams bosome , it shall never trouble them untill death , and the fate of mortality shall bring them to be at leisure to think better of it . can without any remorse of conscience , fear of hell , honor and welfare of their nation , care of heaven after ages or posterity , see the piety good old virtues customes and manners of england murdered , and do all that they can to extirp and destroy them root and branch . and whilst too many of our gentry can leave the jack-daws to be stewards of their formerly better employed stately well-built houses in the country , bring their wives and children to london , and make some little lodgings , or hou●es there to be their residence to learn what vices are most in fashion ; spend fifty or one hundred pounds at a time in a treatment or tavern at london , and be cheated and cozened an half or a third part in the reckoning , make a feast at their lodgings or houses enough to puzle lucullus , or vitellius , cooks or professors in the art of gluttony at three or five hundred pounds charges . have their oleo's haut gousts ambiges , costly gallimauphries , or hotch potches laid altogether in a dish , and that dish so big as the door must needs be taken off the hinges to make a stately passage to bring it in ; and after some hours spent in heightning and pleasing their appetites , and adoring bacchus their drunken diety , can let some of their mortgaged mannors and lands run about the streets by day and night , in coaches with dores and glass windows , and be at the yearly charges of maintaining a couple or more of coach-horses , as much fatted and pampered more then needs to be , as would provide more then a yoke or two of fat oxen to kill at christmas , when they shall be so good as to observe such christian festivals ; and instead of four or six proper serving men , as their old hospitable grand●ires had in constant pay or salary to attend , or fight for them , upon no tavern or alehouse ●ray , or quarrels , but just occasions , have only one or two foot-boyes dressed up like some ridiculous antiques to wait upon the coach , by getting up before or behind it . can see virtue and honestly only laid up in books and speculations , and be read as romances and things impracticable ; truth reason , and conscience greatly talked of and a part of almost every mans daily pretences , but used as vagabonds incertilaris without any habitations , and very little to be seen , but the names of them made use of ( as the gibeonites did their mouldy bread , old shoes and garments ) only for the people to cozen and cheat one another . trade , the great diana of our ephesus , by a strange abuse of it , come to be the greatest cheat , oppression and tyranny of the nation ; and gods providence vouched for their thriving by it ; the numbers of the poor and oppressed daily multiplyed , pri●e , knavery , cheating and complement , those termini convertibiles ( not mercy and truth ) kissing each other , and making a league to cozen and deceive all such as are not of their trim society . and whilst they are chanting to the sound of the viols , drinking wine in boules and stretching themselves upon their couches , can without any brotherly kindness or compassion behold the sighing of the poor and needy , the widows and the fatherless , the misery of multitudes and those that have none to help them , will not deal their bread to the hungry ▪ nor bring the poor which are cast out into their houses , will not cover the naked , but hide themselves from their own flesh ; will not undo the heavy burdens , nor let the oppressed go free . but do all that they can , not only to banish the kings hospitality , and his accustomed royalties and magnificence from his court and palaces ; and as if he and his servants were in a continual ●it of a fever , enforce them by withholding his pourveyance or compositions for them ( whilst they themselves do feast and revel in their own houses ) to a thinne and sparing diet ; and as to many of them , none at all , but to destroy the greatest and best part of the hospitality of the nation , which was wont to make those su●ves & potentes benificentiae nexus quibus seu compedibus animi illig●ntur , those gratefull ( as marsellaer very well observeth ) impressions of benefits , which do as it were charme and oblige the minds and affections of mankind : a custome so antient , as it was no stranger● to abraham , the friend of god , when he sitting in his tent dore in the plains of mamre , invited the three then unknown angels , and feasted them ; nor to the father of the excellent meek and humble rebecca , when as abrahams servant or embassadour was so well as he was enterteyned before it , was known from whence he came , and what his message was , and which the jews ever after were so unwilling to part with as the good nehemiah many ages after could in his then no great plenty or felicity , keep a great house , hospitality , and many tables , aswell for the heathen , as of the jews and rulers , and hath been justly accompted to be such a religious duty , as st. paul allowed of the agapes love or neighbourly feasts , and exhorted the hebrews to let bro●therly love continue , and not to be forgetfull to entertain strangers ; for thereby some ( meaning their old father abraham ) have unawares entertained angels . and being the love and delight of the almighty that gave us all good things which we possesse , was also the treasury and keeper of the peoples love ; and as much as concerned peace , and good will unto men , a part of the blessed song of the angels at the birth of our redeemer ; and in our ancestors dayes was best of all supported by a generous and well ordered frugality , and by the old romans held to be so essential to government , as they spared no cost in their epulis , or caresses of the people ; and was for many ages past congeniall and connatural to the english nation , who are abundantly taken with it , and justly accompted to be such an handmaid to piety , as geffery earl of essex , and eustace his wife did in the reign of king henry the second grant to the nunnery of clarkenwell totam decimam totius victus & procurationis ( provisions saith the learned sir henry spelman ) illorum & domus suae & familiae suae , the tithe or tenths of all the victuals and provisions of their house and family . and maud of mandevill countesse of essex and hertford , in the beginning of the reign of king h. . confirming the said grant , doth it in more express words , viz. ubicunque fuerimus de panibus & potibus , & carnibus & etiam de piscibus , wheresoever they should be of bread , drink , fl●sh , and fish : and was such an effect of the magnificence & grandeur of the minds of the english nobility , as roger earl of warwick in the . year of the reign of king henry the first did grant unto richard the son of jvo his cook , afterwards taking the sirname of woodlow from their residence at woodlow in the county of warwick ( besides the mannor of woodlow with divers lands and priviledges thereunto belonging ; and a yard land in cotes in the county aforesaid , given by the said earle to him and his heirs ) the office of master cook in his kitchin to him and his heirs , which his father theretofore held with all fees of his kitchen belonging to the master cook both in liveries and horses , as the esquires of his houshold then had , of which alan the son of that richard being also in the said office in the house of william earl of warwick son of the said earl roger , who it seems could produce no charter in writing thereof , obtained a grant and confirmation of the said william earl of warwick of the said mannor , lands , and office , for which the said alan gave unto the earl ten shillings in money , twelve ge●se , and a fikin of wine ; and a late experience , ( if antiquity had been altogether silent ) of the benefits which do come by it , hath sufficiently declared unto us the no dull operation or impulse of it , in that since the happy restoration of king charles the second , and the kingly gove●nment , a gentleman high born , and of a great ●xtraction retiring into a country where some part of his estate doth lye , about one hundred miles from london , did by an housekeeping and hospitality becoming him , and his great ancestors so winne the hearts and love of the people , though they were of a different judgement and profession of religion , which usually bege●s more animosities and ill will then it should do , as he became their darling whilst he was with them , and their sorrow and cause of tolling their bells backwards , as a signe of some disaster , when he had occasion for a little while to leave them . and a gentleman , or faber fortun● suae , one that but lately had made his fortunes , in as remote a country from london , and of some new fangled opinions in religion distastfull enough to many in his neighbourhood , did only by a charity of giving unto some numbers of poor people of the place wherein he lived , beef and pottage at his door twice or thrice every week in the year , so gain the love of the people , as they that would not otherwise have shewed him any love or favour , did not deny him either of them . when as too many can lay aside and neglect the care of obliging and gaining the hearts and affections of their neighbours and tenants , and making any shift to furnish and provide the excess and sinfull superfluities both of the belly and the back , will not let the belly want it , nor the back be without it . and those that have no mind or will to pay or make the king any recompence for his pourveyance or compositions , can without any grudging see the pourveyance of the city of london , that queen that sitteth like the afterwards unhappy city of tire upon many waters covereth all our island , and her citizens by seeking to buy as cheap as they can , and to adulterate as much as they can , and sell as dear as they doe , all their wares & commodities , can make a costly enhance of all manner of houshold provisions , and extending their desires and attempts for that purpose to the remotest parts of the kingdome , do by ingrossings , combinations , and other unlawfull artifices of trade , bring the fatness of the flock , and the delicacies of sea and land to feed and furnish out the luxuries of her own inhabitants , and such as have a will to be infected with it , and make the whole island to be too little to maintain her vice and avarice , insomuch as salmons , which at monmouth , being above miles distant from london , were wont to be sold there for ten groats a piece , are now before hand bespoke and bought up by some londoners , or their agents for ten shillings a piece , and the towns-men that did before e●joy a priviledge that all the salmons brought to that market should be first brought to the kings bord , and no forreigner suffered to buy any untill the town were first served , can now see themselves bereaved of their prae-emption as well as the king is , whose progenitors did at the first bestow it upon them . in lincolnshire , above or miles from london , do so ingross and precontract for all wild fowl , ducks and mallards , as the gentry of that country where they are bred , and should have some cheapness & plenty of them , are resolving to be petitioners to the justices of peace at the next quarter-sessions , that the heglers and men of london may not be suffered to raise the p●ices of their wild-fowl , nor carry them out of the count●y untill it be first served . and as if all were not enough to enrich themselves , and undo others , can upon any accident or occasion , or but a supposi●●on of things which may happen , make and dresse up their pretences and supposed causes of p●ices to be ra●sed and e●hanced , to the great oppression and burden of all that are to buy of them , and but upon a late likelihood of warres betwixt us and the netherland united belgick provinces , whilst we are masters of the seas , and not under any probability of having our seas disquieted , or trade interrupted , have so greatly before hand raised the rates and prices of sea-coal , sprats , salt , and the most part of transmarine commodities , as they that shall believe that those and many more of their exactions which they will put and enforce upon the people by reason of a probability of that warre , will without any just cause or reason for it in a short time amount unto more then six hundred thousand pounds , may well be understood neither to prejudice the truth , or their judgements in it . and if that , and such lately or more then ever practised courses shall not be enough to raise and swell the rates and prices of all sorts of provisions and commodities in london , and the counties within miles or more of the circumference of it , the unreasonable and extorting reckonings and items of the cooks and vintne●s in london and westminster , and their suburbs , to their prodigall and unthriving guests who ( in a custome near of kin to madness or the biggest sorts of follies which other nations do never or so little use as they wonder at it ) do first eat their meat and delicacies , and leaving themselves afterwards to the curtesies , and as little co●science of the cooks and vintners , what they shall pay for it , will be sure to be a means to raise the rates and prices of victuals , and by their example impose it upon others , as high as the sharking of those that ask it , and the e●siness and carelessness of those that yield un●o it can lift it . and whilst they can pay their duties and rents of blackmail and cornage in many of the northern counties , which were at the first only yearly paid unto their landlords for their protection against the scottish incursions now not at all either feared or endured ; and there and in other places pay tithes though many times more in valuation then they were one hundred years agoe , three shillings four pence per annum for respits of suit of court , when there are not any courts kept for many years together , or not all ; and toll in many cities and corporations , which being granted for some few years for murage , or the repairing or building of the walls of some cities or towns , is , as is to be feared , yet continued and taken , though the walls being almost ruined , and in their rubbidge , do now only serve to build houses upon , can willingly take the benefit of their small quit-rents for mannopera and carropera precaria , and harvest work to some landlords who for many years have neither had corn nor hay to cut or carry ; and for other services anciently due unto the lords of leets and manors , which may now be believed to have been compounded for at easie and small rates , when as some of the tenants of the church revenue of canterbury , did pay but a penny per annum for that which was a rent of twenty eggs , now sold in london for a penny an egg ; and for hens and benerth , which was a service of the cart and plough but sixteen pence per annum ; and do yet notwithstanding as many services perhaps as were bought or compounded for by their quit-rents , though at the same time their lords , if they would truly execute the power intrusted unto them by the king and his laws , might in their court leets hinder and restrain their unreasonable and excessive rates and prices in the sale of victuals and houshold provisions ; pay the hundred penny , which is a peny given to the support of the bayliffs and officers of hundr●ds , though in many of them no hundred courts at all a●e kept , a scot or tax towards the maintenance of the sheriff and his officers , who by their many illegall courses and exactions , are not to seek the way to provide for themselves , ward-peny and brigbote for watching and warding , and amending of bridges , although they be yearly assessed in their parishes for the same things ; much of the romescot , or popish chimney-money , after the rate of a penny for every chimney , which when it was ancienly paid in england , notwithstanding some opinions that it amounted unto a far greater summe , was but marks ) though by the statute of eliz . it be forbidden . and for rode knights , or the service of being retained and and tied by their service or customes to attend their lord or his lady , or wife in their journeys , or to church , though many of them will notwithstanding for good will , and in hope of favours or benefits from their landlords , if they be justices of peace , deputy-lieutenants of the county , or of such eminence and power as to be able to do them good or harme , be offering those , or many other services , and glad when they are accepted . the merchants in london can pay scavage or shewage , which amounteth unto some hundred pounds per annum profit to the city of london , for leave to shew or expose their wares or merchand●zes to sale , though they do privately sell their wares and commodities in their dwelling-houses or ware-houses , and every petty tradesman and retailer hath , as a freeman of the city , as much liberty at all times to expose to sale in his shop , or in his house any commodities or wares belonging to his trade . the people of most parishes can pay ten times more to the poor then they did but forty years agoe , and willingly contribute ; ( and it is very well done to ease their ministers , who is but seldome troubled with a great benefice ) to the providing of surplices , church-bibles , and service-books , though the parsons or impropriators have the tithes and glebes , and can every where without any complaint or murmuring , allow and rest contented with the pigeon-houses of the lords of mannors , and of other private men , though they do yearly eat and devour as much wheat , barley , beans , peace and oat● of the neighbourhood , as the pourveyance or comp●sitions for it for the kings house , and provender for his horses , do yearly cha●ge the people . and whilst they can endure to pay more for their victuals , apparel , and necessaries , servants and artificers wages , and all that they have occasion to use through all the affai●s of humane life and occasions , only because they that demand it , will not , or say they cannot afford it cheaper , and be cheated and cozened yearly as much as will amount unto some hundred thousands of pounds sterling by false measures and weights , by the sleepiness and fellow feeling of the guilds or fraternities of companies of trades , & the carelesness and connivances of the clerks of the markets , will notwithstanding murmur and repine at every little oblation , payments , and duties to their king , be as unwilling as they can to be satisfied of the reason of it , but make hue and cry after them : and when as a lea●ned gentleman hath well observed , that the greatest care of good subjects and christians should be to fear god , and honor the king , do make it their business & best of their gains to cozen the king and the church , and when shame hath not yet so left the world , as to leave it without some little startling or blushing at the being known , or discovered to have cozened any body , will never at all be ashamed to have cozened the king all they can . which kind of publ●que villany the civil● law so detested , and desired to punish , as they reckoned but a debtor to the exchequer or emperors treasury , being farre more innocent then those that cozen or defraud it amongst the number of the most heynous offenders tanquam minxerit in patrios ●ineres , as one who had pisssed upon his fathers ( or countries ) ashes ; and as murderers or adulterers , denyed them the sanctuary if they sought it of the church . and when the kings royal progenitors have taken so much care to prevent the decay of tillage , as by the statute of h. . cap. . to ordain that no man should keep more then two hundred sheep upon any land taken to farme ▪ and for the increase of tillage plenty , and cheapness of corn , did by the statute of ed. . cap. . ordain that no tithes should be paid for wast or heath ground improved unto tillage , untill seaven years after the improvement , by the statute of ▪ jac. cap. . made a provision for meadow and pasture , and the necessary maintenance of husbandry ▪ and tillage in the manors , lordships , and parishes of merden , alias mawerden , boddenham , wellington , sutton st. michael , sutton st. nicholas , marton upon lugg , and the parish of pipe in the county of hereford by the statute of jac. cap. . that none should spoil corn and grain by untimely hawking : and by another statute in the same parliament , that se●-sands might in devonshire and cornwall be fetched from the sea to manure lands , paying reasonable duties for the passage through , or by other mens lands with boats and barges . and the assize of bread throughout the whole kingdome is by the statute and ordinance of h. . to be yearly made and regulated by the baker of the kings house , do take all the care they can , that the bread for his houshold , and oats and provender for his horses may be at the dearest rates , and a great deal more then any of his subjects do pay . and although he and his royal progenitors and predecessors have made the best provisions they could for the breed of cattle , and cheapness of meat by the statute of h. . cap. . forbidding the killing of weanling calves under the age of two years ; that a milch cow by the statute of & philip and mary should be kept for every sixty sheep , and a calf reared for every sheep . by an act of parliament in eliz. cap. . that no sheep should be transported : and by several acts of parliament , and otherwise , encouraged the drayning of huge quantities of fenne lands , and the imbanking of marshes and lands gained from the sea , and his now majesty hath of late to help the breeders and sellers of cattle in their reasonable prices thereof , prohibited by an act of parliament the bringing in of any cattle which were heretofore usually and yearly brought into england in great heards out of scotland and ireland , and doth yearly by his royal edicts and proclamations , as many of his noble progenitors , kings and queens of england , have usually done , enjoyned the strict observation of the lent , will notwithstanding for want of his pourveyance , or much of his houshold provisions , as they ought to be served in kind , constrain him to pay in ready money intollerable dear rates and prices , for that which his officers have occasion to buy for the provision of his household . who speed no better when they buy or provide his fish of those who might have had so much duty and honesty as to afford it cheaper , when his royall predecessors by the statutes of e. . cap. . and r. . cap. . ordained severe penalties upon those that do take and destroy salmons , lampries , or any other fish at unseasonable times , or destroy the spawn of fish. by the statute of ed. . cap. . that salmons , herrings and e●les be duly packed . by the statute of h. . cap. . that englishmen may import and bring into england fish taken by forreigners . by the statute of ed. . cap. . that no officer of the admiral●y should exact any thing of them which travailed for fish. by the statute of ellz. cap. . fishermen and mariners shall not be compelled to serve as souldiers upon the land , or upon the sea , but as mariners , except in case of enemies , or to subdue rebellions . by the statute of eliz. cap. . allowed sea-fish and herring to be transported in english ships with cross sails without payment of customes . by the statute of eliz. cap. . ordained aliens to pay for salted fish , and salted herrings to be brought by them into england , such customes as shall be imposed in forreign parts upon the salted fish and herrings brought thither by englishmen . and our now gracious soveraign mainteyns a great navy to assert and defend his dominion and his subjects sole right of fishing in the british seas , and hath of late in the midst of his own wants for the better encouragement of his people to seek their own good , and that which our british seas will plentifully afford them , given all his customes inward and outward for any the retorns to be made by the sale of fish in france , denmark , and the baltick seas for seaven years from the first entrance into the intended trade of fishing . and when the mayor of kingstone upon hull , or his officers can at the same time obteyn of them better penyworths , and according to the directions of the statute of h. . cap. . have so good a pourveyance allowed them , as they can take of all fishermen priviledged for every last of herring xxd. for every hundred of salt fish iiii d. for every last of sprats viii d. of every person not priviledged , for every last of herring i● s. iiii . d. for every hundred of salt-fish iiii d. and for every last of sprats viii d. as they did before the making of the said statute . and when our laws which have their life and being from the king and his royall progenitors , have by the statutes of and ed. . cap. . and and philip and mary , cap. . provided , that the prices of butter and cheese be not enhaunced , nor any transported without licence . that the prices of ale and beer shall b●●he statute of h. . be assessed at reasonable rates , and the barrels and kilderkins gauged . that spices and grocery ware shall by the statute of jac. cap. . be garbled , and not mingled . that woods by the statute of h , cap. . & eliz. cap. . shall not be converted into tillage or pasture : and by the statutes of ed. . cap. . & . cap. . that an assize shall be kept as to the measures only of coal , tallwood , bille●s , and faggots . and some of our princes have given by their charters many & great liberties & immunities to the companies of brewers and woodmongers . and king james did in or about the th year of h●s r●ign upon his granting of some priviledges to the town and colleries of n●wcastle upon tyne , cause the host-men , or oast-men of newcastle to covenant to and with the king ( which they have seldome or never at all observed ) yearly to serve the city of london , and places adjacent with sea-coals winter and sommer , at less then shi●lings a chaldron , and it was by the statute of h. cap. . ordained , that none do sell phesants or partriches unto any but unto the officers of the king ▪ queen , or princes houses , upon the forfeiture of s. d. for every phesant , and s. d. for every partrich ; and did by their charters , or allowances of prescription grant free-warren , and divers other franchises unto divers lords of manors ; yet matters must be so ordered , as the king , though he buy with ready mony , must be sure to pay dearer for his butter , cheese , coals , beer , ale , billet , tallwood , faggots , grocery-ware , rabbets , phesants and partriches , then any of his subjects . took away by the statute of eliz. the severity of the statute of ed. . enjoyning small wages to labourers and artificers , and ordained , that the justices in every county should by their discretion , according to the dearth or plenty of victuals , yearly at the sessions held at easte● , assesse how much every mason , carpenter , tyler , & other crafts men , workmen , and labourers , should have by the day or year , and limit proportions of wages , according to plenty or scarcity : and by an act of parliament made in the first year of the reign of king james , did amongst other things give a further power to the justices of every county to limit and regulate the wages and hire of labourers and artificers , according to plenty and scarcity , that act of parliament being since expired for want of continuance , yet the king in all his occasions and affairs for workmen and artificers shall be sure to pay them rates and wages at the highest . did by the statute of ed. . cap. . provide , that butchers , fishmongers , brewers , bakers , poulterers , and other sellers of victuals , should sell them at reasonable prices , and be content with moderate gains . and by the statute of r. . ca. . that all majors , bayliffs , stewards of franchises , and all others that have the order and survey of victualls in cities , boroughs , and market towns , where victuals shall be sold in the realm , should enquire of the same . and if any sell any victuals in other manner , he should pay the treble of the value which he so received to the party damnified , or in default thereof to any other that will pursue for the same . by the statute of hen. . cap. . when but a year before beef and pork was by act of parliament ordained to be sold at an half penny the pound , and mutton and veal at an half penny farthing the pound , and less in counties and places that may sell it cheaper , and complaint was made in parliament that the prices of victuals were many times enhaunced and raised by the greedy avarice of the owners of such victuals , or by occasion of ingrossing and regrating the same more then upon any reasonable or just ground or cause , ordained that the prices of butter , cheese , capons , hens , chickens , and other victual● necessary for mans sustenance , should from time to time , as the case should require● , be set and taxed at reasonable prices how they should be sold in gross , or by retail , by the lord chancellor of england , lord treasurer , lord president of the kings most honourable privy councel , lord privy seal , lord steward , the chamberlain , and all other the lords of the kings councel , treasurer and comptroller of the kings most honourable house , chancellour of the dutchy of lancaster , the kings justices of either bench , the chancellor , chamberlains , under treasurer , and barons of the exchequer , or any seaven of them , whereof the lord chancellor , lord treasurer , lord president of the kings councel , or the lord privy seal to be one , and commanded the justices of peace , and lords of leets to take a care that the prices and rates of victuals be reasonable : yet the king must not have so much favour and kindness as the tinientes or magistrates in the canar●es , or other parts of the spanish dominions , who by reason of their power and authority in the correction and rating of the prices of victuals , can have their provisions freely , and of gift presented unto them , or at small and reasonable rates and prices : or as the lords of leets , the justices of assise , justices of peace , mayors , magistrates of cities and corporations might have theirs , if they would but put in execution the laws which are entrusted to their care and charges . nor can have any thing at reasonable rates , but is enforced to pay dearer for the provisions of his house then any of his subjects ; when as they that could receive his majesties very large and unexampled act of oblivion , can only afford him in their market rates , an act of oblivion for his protection and care of them , and for his many favours and helps in all their occasions and necessities , and for forgiving them many millions of monies sterling , or the value thereof ; and as unto too many of them are willing that our king and head should in the rates of his victuals and houshold provisions bear the burden of their follies and irregularities . of which the plenty or scarcity of money cannot be any principal or efficient cause , as may be verified by an instance or example lately happened in spain , where the calling down of money to the half value , to aswage the afflictions of a famine , was so farre ▪ from the hoped for effect of abating the prices of victuals , and houshold provisions , as they are now well assured , that the covetousness of the sellers and tricks of trade have added more to the heightning of those rates and prices then any want or abundance of mony . and it would therefore well become that part of the people of england , who by their intemperance and carelesness , as i● they were that nation which dwelt without care , against whom the prophet jeremy denounced gods heavy wrath and judgements , have brought and reduced themselves and their estates into a languishing and perishing condition , and turned their backs upon the honor of hospitality , to take into their more then ordinary consideration , that sir anthony brown , a privy councellor ●●to king henry eighth ▪ did not deviate either from truth or prudence ▪ when he said that others apprehension of the kings greatness ▪ did contribute as much to our welfare , as our welfare it self ▪ or sir john russel , a v●ry valiant as well as wise statesman , comptroler of the houshold of king henry the eighth , and afterwards earl of bedford , when he declared that the courts of princes , being those epitomes through which ●trangers look into kingdomes , should be royally set out with utensils , and with attendance , who might possess all comers with reverence there , and fear elsewhere . or that the learned and reverend sir james dier , lord chief justice of the court of common-pleas in the th year of the reign of queen elizabeth committed an error , when in the sage and discreet rules left behind him in a manuscript for the preservation of the common-wealth , he advised that the prince should often appear unto his people in majesty , and that the courtiers should keep good houses . and if they will do no more , to do but as much as the beasts and birds being irrational creatures , do by their bodies natural , make it their greatest care to protect and preserve the head of our body politique , and the honor and dignity of it , and keep it above water . and now that by his gracious government , and return to us like the sun to dispel the cold and uncomfortableness which the winter of his absence had almost for ever fastned upon us . — cum fixa manet reverentia patrum . firmatur se●ium juris priscamquè resumunt canitiem leges . — when our parliaments , and our just and ancient laws are again restored . — claustrisque solutis . tristibus exsangu●s andent procedere leges . and released from their former affrights and terrors . not endeavour to abridge or endanger the hopes of our future happiness , by being to sparing unto him that was not so unto us . — jam captae vindex patriae ut sese pariter diffudit in omnia regni membra vigor vivusquè redit color urbibus aegris . and redeemed our happiness from its captivity . but rather imitate the clergie of the bishopricks of gloucester , chester , oxford , peterborough , and bristol , who in the fourth year of the reign of queen elizabeth , finding those bishopricks to be much impoverished by the earl of leicester , and some other , who in their vacancies had gotten away a great part of the revenues thereof , did by their benevolences for some years after enable the bishops thereof in some tolerable degree to maintain their hospitalities . and our long ago departed ancestors , who took it ill in the reign of king john , ( with whom they had so much and more then they should contended for their liberties ) that hubert arch-bishop of canterbury should keep a better house and feast at easter then the king. and that cardinal woolsey in the reign of king henry the eight should keep as great a state at court as the king , exercise as great an authority in the country for pourveyance as the king , and forbid pourveyance to be made in his own jurisdictions , which made an addition to the articles of high treason , or great misdemeanors charged upon him by the commons in parliament brought up to the house of peers by sir anthony fitz-herbert , afterward a learned judge of the court of common pleas . so that our king may not for want of his antient rights of pourveyance , or an allowance or compositions for them , the later of which as a means to make so unquestionable a right and priviledge of the crown of england to be alwayes gratefull and welcome to them , was fi●st designed , set on foot & contrived by sir david brook serjeant at law unto king henry the eighth , and lord chief baron of the exchequer in the reign of queen mary , and happily effected or brought to perfection in or about the th year of the reign of queen elizabeth , be necessitated to retrench or lay down his royal housekeeping and hospitalities , or deprived of his means of charity and magnificence , which jacob almansor the learned arabian king , who lived in anno . and conquered spain , was in his swarthy dominions so carefull to preserve , as after that he had given audience unto suitors , which were some dayes in every week , he usually caused a publique cry to be made , that all of them , as well rich as poor , should stay and take their refections ; and to that end furnished tables for them with such abundance of provisions , as became the house of so mighty a king. and that if any forreign king or prince should as cecily sister to the king of sweden , and wife to the marquess of baden , did by a far & a long voyage come from the north into england to visit our queen elizabeth , and see the splendour of her court ( which as to her charity , splendour , and hospitality , though so over-sparing in other things , and so unwilling to draw monyes out of her subjects purses , as she lost the fair hopes and opportunity of regaining calais , which was so much desired by her ) was very plentifully and magnificent , and with the allowance of many more tables then have been in the times of her successors ) they may return into their country , as that princess did with a wonder at it , and not be constrained to say as was once said of the glory of the temple of jerusalem , who is left amongst you that saw this house in her first glory , and how do you see it now ; and that returning into the former good wayes , manners , and custome of england , we may not be damnati fat● populi , but , virtute renati . and that to that end we shall do well to leave ou● new and untrodded by-wayes of error , made by the raiser of taxes , and the filchers of the peoples liberties in the glory of anothers kingdome , now we have so wofully seen , felt , heard , and understood so very many mischiefs and inconveniences already happened , and if not speedily prevented , are like to be a great deal more , and hearken unto the voyce and dictates of the laws of god and nature , the laws of the land and nations , reason and gratitude , and let our posterity know that the honor of our king and country is dear unto us , and that whatever becomes of our own hospitalities , we shall never be willing to let the vesta● fire of the british and english hospitalities , although most of our own are either extinguished or sunk into the embers , go out , or be extinct in our king palaces , or to abjure or turn out of its course so great part of the genius of the nation , but that we shall continue the duties of praeemption and pourveyance , which are as old as the first generations of mankind , and as antient as the duty of reverence of children to their parents . dent fata recessum . finis . notes, typically marginal, from the original text notes for div a -e accompts inter evidentia comitis oxon. stows survey of london . sieur colberts remonstrance of the benefit of the trade to be driven by the french in the east-indies . lessius de just. & jur. lib. . cap. . n. . cokes . part . institutes ed. . c. . h. . cap. . epist. rom. . speed hist. of england . heylin . hist. ecclesiae anglicanae domes reformatae . waler . max. lib. . cap. . & cicero in oratione pro muroena . notes for div a -e gervasius tilburiensis . assisa panis & cervisiae , and a statute for punishing the breach thereof by pillory and tumbrell anno h. . rot. fin. e. . cokes . part . institutes rot. parl . ● ▪ . m. . inter recorda in recept . scaccarii inter fines de tempore h. . speed hist. of great britain . m. s. in custodia gulielmi dugdale . spelman annotat. ad concilia decreta & leges ecclesiastica . asser menevensis de gestis alfredi . & . henry huntingdon and william malmesbury de gestis regum angliae . speed history of england . stows survey of london . stows survey of london , & chronic . robert fabian — heylin history of the reformation of the church of england . scrinia ceciliana . & . spelman glossar . in voce forefang , & ll. inae ca. altero ante penult . somners glossar . ad brompton & alios veteres angliae historicos . genesis c. . sir francis moores reports . camden . part annalls of queen elizabeth . vide act of parliament or declaration touching the settlement of ireland . craig de feudis apud scotos dieg . . parliament james . c. . spelman glossar . in voce borrow mealis . parliament king james the th . choppinus de domainio regum franciae lib. . . tacitus de moribus germanorum . radenicus de gestis frederici lib. . ca. . besoldus de aerario principis & bullinger de vectigalibus . zecchius de principat . administrat . varenius de regno japan . genesis c. . grotius anonotat ad genesin . sam. . sam. . sam. . sam. . chron. . reg ▪ ca. . isaiah . v. . & grotius annot ad locum . nehemiah . . mr. stephens treatise of synodals & procurations somner glossar in appendice ad brompton & ali●s veteres historicos angliae ▪ skaeneus tit . de herezeldis in quon . attach . c. . alciat . lib. . parerg. c. . & spelman glossar . in voce heriotum & neostadius de feudis hollandicis . cowell interpret . verborum . mich. . e. . coram rege . somners treatise of gavelkind . cart. h. . m. . in . parte dugdales monastic . anglic . rot. pat . & h. . ex antiquo codice m.s. de customes de london in bibliotheca cl. viri galfridi palmer milit. & baronetti attorn . generalis regis caroli secundi . coke comment . in artic . super chartas . act of parliament for subsidies in & car. primi . charles loyseau traictè des seigneuries . stows survey of london . h. . sir john davies treatise of impositions . ad cur. tent . ibid. anno & e. . glos. in verb. usque ad hoc tempus c. servitium . q. . sir john heywards history of king edward the th heylins history of the reformation of the church of england . stows survey of london . sir francis bacons letter to the duke of buckingham . baldus in proaemio seudorum & in consil. . lib. . cynus in l. si viva matre de bonis matern . bodin de repub . lib. . besoldus dissert . politic . juridic . de juribus majestatis , ca. . genesis c. . reg. ca. . v. . & . grotius annotat . ad vet . testamentum . aelianus hist. variar . lib. . brissonius de regno persiae lib. . gervasius tilburiensis . h. . lois d' orleans ouuertures de parlement ca. exodus . v. . deut. . v. , , . stows survey of london . heylin ecclesia restaurata , or history of the reformation of the church of england . fol. . levit. ca. . v. , . & levit. , . & exod. , , , deut. . & . sam. . sam. . plutarch apothegm . speed hist. of britain , & leiger book of st. albans . zonaras in part . annal. suetonius in vita august . cassiodorus , lib. . epist. . & rosinus de antiquitat . rom. . selden ad marmora arundeliana mat. paris . walsingham hist. angl. . rot. parl. e. . m. , . rot. parl. e. . m. . rot. parl. r. . r. . coke . part . . reports . m. s. francisci junii fil . francisci junii in diatrib . de vocibus lord & lady . h. . vide oath of the treasurer and comptroller of the kings house . cantic . . deut. . v. . judges . v. . reg. . & chron. ca. . bodin de repub . . tacitus de moribus germanorum , ca. , & . hieron . epist. in ll. canuti . & dugdales warwickshire illustrated , . & . dugdales warwickshire illustrated , . dant . . ex veteri libro m. s. prioris de spalding in comitat. lincoln ▪ in bibliotheca antonii oldfeild baronetti . spelman glossar . . in voce marletum . dugdales warwickshire illustrated . pat. . & . h. . amos . v. . isaiah . v. , . marsellaer de legatis . nehemiah . . hebrews . v. . & . selden hist. of tithes , , . spelman glossar . in voce procuratio . selden hist. of tithes , . dugdales warwickshire illustr●ted . & ex ipso autograph . spelman glossar in voce mails . lambard itinerar . spelman glossar . in voce scot. idem glossar in vocibus ward-peny & brigbote . spelman glossar . in voce romescot . voce● rode-knight spelman glossar . in vo● scavage . vzzonius de mandatis principum , cap. . §. . jeremy . v. . david lloid in vita antonii brown militis . idem in vita johannis russel militis idem in vita jacobi dier militis . claudian a● quarto consulat . honor ▪ claudian de bello getico● heylin hist. ecclesiae anglicanae reformatae . speed hist. of england . david lloid in vita davidis brook , militis . in the life of almansor , translated out of the arabick by robert ashley . j. c. heylin hist. ecclesiae anglicanae reformatae ▪ haggai● ▪ dan. . v. . a vindication of the king's sovereign rights together with a justification of his royal exercises thereof, in all causes, and over all persons ecclesiastical (as well as by consequence) over all ecclesiastical bodies corporate, and cathedrals, more particularly applyed to the king's free chappel and church of sarum, upon occasion of the dean of sarum's narrative and collections, made by the order and command of the most noble and most honourable, the lords commissioners, appointed by the king's majesty for ecclesiastical promotions : by way of reply unto the answer of the lord bishop of sarum, presented to the aforesaid most honourable lords. pierce, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a vindication of the king's sovereign rights together with a justification of his royal exercises thereof, in all causes, and over all persons ecclesiastical (as well as by consequence) over all ecclesiastical bodies corporate, and cathedrals, more particularly applyed to the king's free chappel and church of sarum, upon occasion of the dean of sarum's narrative and collections, made by the order and command of the most noble and most honourable, the lords commissioners, appointed by the king's majesty for ecclesiastical promotions : by way of reply unto the answer of the lord bishop of sarum, presented to the aforesaid most honourable lords. pierce, thomas, - . burnet, gilbert, - . [ ], , , [ ] p. s.n., [london : ] reproduction of original in huntington library. attributed to thomas pierce. cf. nuc pre- . index: p. [ ]-[ ] created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng prerogative, royal -- great britain. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - rina kor sampled and proofread - rina kor text and markup reviewed and edited - pfs batch review (qc) and xml conversion a vindication of the king' 's sovereign rights : together with a justification of his royal exercises thereof , in all causes , and over all persons ecclesiastical ( as well as by consequence ) over all ecclesiastical bodies corporate , and cathedrals ▪ more particularly applyed to the king 's free chappel and church of sarum . upon occasion of the dean of sarum's narrative and collections , made by the order and command of the most noble and most honourable , the lords commissioners , appointed by the king's majesty for ecclesiastical promotions . by way of reply unto the answer of the lord bishop of sarum , presented to the aforesaid most honourable lords . printed only to save the labour of transcribing several copies , and to prevent the mistakes thereby apt to be incurr'd , and meerly for the satisfaction of private friends , who either want or desire a most impartial information of that affair . a general table of the contents . the dean of sarum superstructs the ecclesiastical rights in thesi , ( to things of humane establishment ) upon the foundation of the regal , as upon a rock which cannot fail them . and also the rights of the bishop of sarum in hypothesi , upon the only sure foot which it can possibly stand upon . the moral necessity of distinguishing ( with the judicious bishop sanderson ) between an original , and derivative right : as also ( with the famous chief justice coke ) between a subordinate , and the supreme . the king in law is the founder , proprietor in chief , and advower paramount , of all arch-bishopricks , and bishopricks , cathedrals , prebends , and of all contained in them . the despotical exercise of the regality , as in all other churches , so above all in the church of sarum . the church is never so much betray'd , as by them who assert a church-man's right , with an exclusion of the king 's ; and strive to take down the stairs , to which they owe their own advancement . the dean of sarum does not ascribe an higher prerogative to the king than iudge coke himself , and bishop sanderson , the common , and statute , and civil laws ; yea no more than pope nicolas to edward the confessor , and his successors kings of england : and does but distinguish ( with the most excellent paolo sarpi , that oracle , life , and soul , of the most famous venetian senate ) between dominion , and dispensation . where any bishop is dispensator , the king is dominus . the second chapter . the king's castle at old sarum , and the king's free-chappel in it , and the dean of it , before a cathedral church was built , before a chapter was created , before the indowments of the sovereign and subordinate founders , and during all bishop herman's time , are made apparent and undeniable , by the best and first authors printed , by which the written registers can be confirmed . and that register of registers , which was cited by the dean , but cheaply slighted by the bishop , is shewed to be as authentick , as any his lordship can produce , and for all the same reasons , which any ordinary can urge for another register . florentius of worcester , eadmerus , will. of malmsbury , roger hoveden , simeon dunelmensis , ( all elder than mat. paris ) and m. paris himself , with several others , do all conspire ( in antecessum ) to prove the authority of the deans register , maugre those who disesteem it , for appearing too much in the royal cause . truth justified by its opposers ( before they are aware and against their wills ) in the very act of their opposition . two or three bishops , and many earls . , had the king's castle only as keepers , and during pleasure ; thence 't was an ambulatory trust , as is demonstrated by an induction . the castle stood on the king's soil . the lord bishops margin does only serve to confute his text. the third chapter . the dean of sarum's jurisdiction in his peculiars , and particularly in that of salisbury-close , ( which must be distinguished from the city , which is the bishops under the king ) whereof the dean is the sole immediate ordinary , was ever exempted from the bishop , by the charter of the supreme and subordinate founder of the cathedral , the king , and osmund . in comparison with which , the most unlawful composition was but a novelty . almost three hundred years younger , than the great fundamental statute . that composition was a conspiracy of pope boniface the ninth , with the then bishop , dean , and chapter , against whatsoever is great , or sacred . against the good word of god. against the supremacy and prerogative of the king . against both the common and statute law of the land. against the very foundation , whereupon the whole colledge and church are laid ; and together with which they must stand , or fall. against the souls of them that made it , and have acted according to it , both in regard of their own oaths , and the founder's curse . and ( by reason of all the nullities and inconsistences that are in it ) against common sense , and against it self . the dean of sarum's jurisdiction , exclusively of the bishop's within the close , is strongly proved by the confessions of the present lord bishop to the dean , before his lordship had been incensed by the dean's services for the king , and by his dutiful obedience to the lords commissioners command . 't is farther proved by all decisions of authority , for the dean's evident right , against the bishop's invasion of it . an instance of it in the sentence of the lord chancellor of england , and the arch-bishop of the whole province . the mischeivous effects of the composition . of no use to its observers , unless to make them in danger of incurring a praemunire . the absolute necessity of a royal visitation to set all right , the appendix . mr. yeates , in several letters to persons of honour , and lesser quality , doth strongly assert unto himself his whole design of the four heads . he irrefragably proves the dean of sarum , not to have had an hand in , or assent to , or connivance at , or knowledge of his design , antecedently to the command of the lords commissioners , or to the first notice sent him by the lord bishop and the chapter . his two inducements to it from his right reverend diocesan ; and his none at all from the dean of sarum . a vindication of the king 's sovereign rights , as in all cathedral churches , so especially in the church both of old and new sarum , as asserted in the dean of sarum's narrative , drawn up and presented to the most noble lords commissioners . having laboured of late under the obloquy of some , and the ill-will of others , and the impotent revengefulness at least of one , for having delivered what i had found of the king 's sovereign rights , and his royal exercises thereof , as well in all causes , as over all persons ecclesiastical , all bodys corporate and cathedrals , more particularly applied unto his majesty's free chappel and church of sarum ; tho' i did nothing of my self as a voluntier , but by commission and command from the most noble and the most honourable the lords commissioners , appointed by his gracious majesty for ecclesiastical promotions , ( whom god knows i did believe it my bounden duty to obey ; ) i am induced to give the reasons of my having made so bold with my master's enemies and mine own , as to be dutifully loyal without their leave . i was loth to ask of them , by whom i was sure to be denied ; and ▪ did presume i might as pardonably assert the king's and the churches rights , now that the king is on his throne , and the church less militant , as i did safely and with success , before the great year of their restauration . sect. . first i was of an opinion ( before i had it from a most excellent and most noble lord commissioner ) that 't is the duty of every subject , and especially of the king's chaplains , to discover all they know of his majesties prerogative , tho' not commanded by authority , as i had been . which saying of a judicious and a most honourable lord ( in the council chamber , and elsewhere , ) is agreeable to another of two lord chancellors in their times , whereof the first was the lord bacon ; from whom 't was borrowed by the second , who used it in his speech to sir edward thurland when made a baron of the exchequer . to wit , that the subjects of england in general , as well as the iudges in particular , ( and particularly the judges of ecclesiastical courts , such as is the dean of sarum , ) are bound to maintain the prerogative , and not distinguish it from the law. the king's prerogative being law , and ( in the words of chief justice a coke , ) the principal part of the common law ; as that from which all other laws are derived , and on which they do depend . with these i compared that famous saying of a full parliament , which i found cited by my lord b coke too , that no king or kingdom can be safe , but where the king has three abilities , . to live of his own , and defend his kingdom ; . to assist his confederates , and ▪ to reward his deserving subjects . from whence i thought it would follow , that to take from the great number of ecclesiastical promotions in the kings gift , is to act against the safety of king and kingdom , 't is reckoned one of those things which even a king cannot do lawfully , and which a c parliament cannot consent to . besides i thought it most unworthy , that he who had not been afraid in the worst of times , and without a warrant , and under none but god's protection , to defend the king 's rights and the whole church of england , by many arguments in print , ( when some new royalists durst not join in a petition for the kings wished return , for fear ( as they then said ) of setting their hands to their own ruine , as having reason to suspect the restauration would be general , that all usurpers must be ejected , and all ejected for their loyalty , would have their own , which passed with some for an heavy iudgement , ) should now descend unto the meanness of hiding himself behind another , and behind such another as he knew to be unqualified for such service , as i was irrationally suspected and most maliciously reported to have engaged another in . no , the pretenders to that suspicion , and the inventers of that report , did only design by such baseness to lessen the merit of my obedience to the lords commissioners injunction , and of my dutiful regard to the king himself , towards whose service it was my fault , ( as 't is my apology and excuse with a sort of men , ) that i did not go till i was sent , nor mend my pace till i was driven . sect. . next i had learned by my perusal of keble's statutes at large , and of chief justice coke's institutes , ( to name no more in this place ) d that the gift of all bishopricks , and nomination of bishops did ever belong to our monarchs , both before , and since the conquest , as in right of the crown . my lord coke gives the reason from this trite maxime in the law , e that all our archbishopricks and bishopricks , were and are of the king's foundation . that at first they were therefore all meerly donative , meerly by the delivery of a staff , and a ring . never elective till king iohn , who reigned not without the murdering of arthur of britain the rightful heir . f that it was again taken away by hen. . and ed. . in whose reigns all the bishops were required to take out new commissions for their bishopricks , and so to hold them onely as delegates in the king's name , and not for life absolute , but during pleasure . and archbishop cranmer gave an example to the rest. g that elections by deans , and chapters are declared by law to be no elections , but by a writ of conge d' eslire have only colours and shadows , or pretenses of elections serving to no purpose , and seeming derogatory and prejudicial to the king's prerogative royal , &c. that bishop h bonner declared under his hand , he held his bishoprick of london , of the king's bounty alone , during the king's pleasure only , and that he would again deliver it up , when it should please the king to call for it . that i all the temporalities of archbishopricks and bishopricks in all uacancies ( which our kings made when it pleased them ) ever came to the king as founder . he being patronus and protector ecclesiae in so high a prerogative incident to his crown , that he cannot part with it , no subject can have claim to it either by grant or by prescription . that k the lands of the church were all at first given by gracious princes , as may appear from the first book of iustinian's code , where laws are recorded for the conferring , and also for the conserving of them . which is also the affirmation of the most excellent paulus sarpius . that l if the king and a common person have joyned in a foundation , the king is the founder ; because it is an entire thing . for the truth of which maxime that renowed judge cited ed. . c. . from when i inferred within myself , that king hen. . ( rather than wolsey ) was founder of christ church in oxford , tho' its well enough known , that wolsey was a co-founder : or , founder subordinate to the supreme . so william the conqueror ( rather than osmund ) was the supreme and sovereign founder of the cathedral church of old sarum ; tho' by the king's bounty , as well as leave , st. osmund built , and greatly indow'd it with such revenues , as he m held of his lord and master during pleasure and by knights service . for the conqueror's soldiers ( whereof osmund of say was one ) held all the lands which he gave them under military service , not as properly freeholders , but as lords in trust only , and according to the king's pleasure , thereby hoping to engage them to a close dependance upon the crown : as the learned selden relates of matthew paris , and his learned n annotator does give the reason . i do not say our monarchs have had the same power ever since , but the same right by law which ever any king had . nor do i say they have a right to any saecular possessions whereof the subject hath a feesimple ; but a right to confer on ecclesiastical persons such ecclesiastical dignities and revenues , as are in law of the king's foundation , which all are affirmed to be by keble , referring to the statute of ed. . p. . where the holy church of england is said to have been founded by ed. . and his progenitors , &c. as the lords and advowers of it . and then by vertue of that other maxime in my lord coke , ( who was never more an oracle , than when he spake for the king's prerogative , to which he had never a partiality , ) that o successors are included under the name of king ; 't is plain that what right soever was in william the first , and his next immediate successors , ( especially hen. . and hen. . from whom the church of sarum had vast additions of endowment , ) our king hath now . hence it is that all our kings have been not only owned as the founders , but as patrons of our cathedral . for which i cited the address of the dean and chapter to hen. . in whom the two contending houses were united , wherein they called him their founder p seven times at least . their numerical expressions in their prayer to god for him , ( to whom they could not intend to lye ) was fundator ecclesiae sarum . and hen. . was so stiled by the famously learned and prudent q longland , after bishop of lincoln , and lord chancellor of the university of oxford , for which i might cite the exact register of harward , the authenticalness of which was never questioned . so 't is notorious that all members of christ-church in oxford , in their prayers before their sermons do commemorate hen. . ( not naming wolsey ) as their founder . from whence it is that the dean of christ-church is the sole governour of that cathedral , and the bishop of oxford not . as the dean of westminster , had the sole jurisdiction within the precincts of that cathedral , when there was created a bishop of it . and the dean there hath more than episcopal jurisdiction . archiepiscopal ( saith dr. heylin ) within all the liberties , as the abbots had heretofore . ever since sebert king of essex , kings and queens have been successively , and in the eye of the law the founders of the church , and of all within it . as it is now a collegiate church , queen elizabeth was the foundress , and our king at this day ( whom god preserve ) is in law the founder of it . as for all the same reasons , he is the founder of our colledge and church of sarum , as well by several acts of parliament , as in our own books . our norman kings did say of it , as will. . of battle abby , r libera sit sicut mea basilica capella ; and as that was exempted from the power and visitation of the bishops of chichester , so was ours from the bishops of sarum , as shall be shewn in its proper place . i end this section with that old distich in spondanus of our salisbury cathedral , and with a verse made in those very times . s rex largitur opes ; fert praesul opem ; lapicidae dant operam ; tribus his est opus ut stet opus . t regis enim virtus templo spectabitur isto . sect. . thirdly , altho' i do not say , with that incomparable civilian sir thomas ridley , t that the king himself is instead of the whole law , yea he is the law it self , and the only interpreter thereof , in as much as all those who govern under him , govern by him , and for him ; yet i will and do say with our acts of parliament , u that the kingdom of england is an empire ; and the king supreme head of it ; and his crown an imperial crown . he is not a precarious , but an absolute monarch , saith the learned camden in his britannia . supremam potestatem , & merum imperium habet apud nos rex . and his sovereign dominion over all ecclesiastical persons , and in all causes without exception , is confessed to be de iure , by all our clergy men in their pulpits , as well as by all in england who pay him firsts-fruits and tenths . not excepting those very persons who cannot yet pardon my most necessary distinction , ( on which doth lye the whole stress of ours and all other cathedrals ) w between an original and derivative right ; a right supreme and one suburdinate thereunto . our proprietaries in the chief of the church of saerum ; and so it is with the strictest propriety of speaking , that in all their royal mandates they use that stile , our church of sarum . for as proprietaries in chief , & bonae fidei possessores , and founders of the bishoprick , as well as of all belonging to it , i find and can prove ( against the naked and cheap denials of such as can easily deny what they cannot disprove by any artifices or strengths ) that our monarchs have acted as despotically in and over the church of sarum , as in any their mansion houses . who but our monarchs did take away the fourteen prebends i reckon'd up in my collections , and the archdeaconry of dorset , and all the dorsetshire iurisdiction from the bishops of sarum , ( not so much as one parish remaining there unto the bishop , though about forty to the dean , ) and conferred them upon others according to their wills and pleasures ? to begin with the first times , were to write a volume . let it suffice that hen. . gave four of them at once to the dean and chapter of windsor , as that of okeborn st. andrew , that of okeborn st. george , that of hungerford , and that of sherbourn ; but did not take from the dean of sarum the episcopal iurisdiction in any one of them : nor in that which was given by hen. . or ed. . to the earls of pembroke , to wit , the great prebend of axford , supposed to have been given by q. elizabeth , to her secretary of state , sir francis walsingham , from whom i know it came by purchase to sir francis pyle's grandfather ; the like to which he has also in the prebend of sherbourn in dorset , which hath been variously disposed of to and fro by our several monarchs , for about five hundred years together , from king stephen to king iames. and tho' sherbourn was the seat of so vast a bishoprick , that no fewer than four bishopricks were taken out of it . yet the whole jurisdiction of that , and many round about it , have still been saved intirely by all our monarchs since the conquest , to him who was then , and ever since the dean of their majesties free chappel and church of sarum . then formaliter , and ever since virtualiter , in respect of the franchises belonging to him . indeed in the prebend of bedwin , given away by ed. . to the earl of hertford and his heirs , the dean of sarum has but episcopal iurisdiction , and a triennial visitation ; the like to which he has in the prebend of faringdon , which is now in sir robert pye , to whom it descended from his father , by whom it was bought of the lady umpton , and given for ever from the bishop and church of sarum , by ed. . to wm. hening , esq. a. d. . the three good prebends of uphaven , loders , and horton , were alienated from us , i know not when , or by which of our english monarchs . the prebend of shipton ( which was no more in our monarchs to dispose of , than all the rest ) was given away by king iames i. ( as to the patronage and advowson ) unto the chancellor and scholars of the university of oxford , for the use of a lay-man the king's professor of law there , and to his successors for ever , with an etiamsi laicus sit , & sacros ordines non susceperit ; and this the king gave under the great seal of england , wherein the habendum and the tenendum , is not of the bishop of sarum ( of whom there is not the least notice taken ) but of him the said king , and his successors for ever : which gift and way of giving it , was afterwards confirmed by an act of parliament , which i wonder to find alledged by the right reverend the bishop in derogation to the king 's right of giving prebends ; as if a king's act were the less regal , or legal , for being done by the king twice . first without a parliament , and a second time in it . or as if the king of england had not acted as the proprietor , because the three estates of parliament did so esteem him. nor hath any reason been given ( that i have ever read , or heard of ) why king iames might not as easily have given away any other prebend , which had been founded in that church , that of netherbury in terra for example , which he really had given to his divinity-professor , and to his successors , but that his majesty found it too little , and rather chose to give them a greater thing . nor is the king's act in parliament ( which we may no more distinguish from the king , than we may distinguish the king's prerogative from the law ) more or less the king's act , than his act in council ( although perhaps of more force : ) for the three states which make the body of a parliament , whereof the king is the head ( tho a most honourable body , and a whole kingdom in epitomy ) can but prepare matter for law , and humbly propose it to the sovereign to be ratified or rejected , as his majesty thinks sit . but the ratio formalis of legislation is fully and solely in the king ; whose fiat or le veult is the very soul and life of every law made , or to be made . and really if the king of england is not the founder , the sovereign patron , and proprietary in chief , as well of the prebends , as of the bishopricks ; the bishop of sarum can have no right to his prebend of potern ( tho installed and admitted by the dean and chapter , as other prebendaries are ; ) much less can he have right unto his other prebend of blewbery , into which he was never so installed or admitted ; and which is reckoned in the choir among the alienated prebends , because transferred from the whole chapter to the bishop of sarum , who is indeed one of the chapter , as he is prebendary of potern , but not at all as prebendary of blewbery : and so his lordship cannot have a right to it , ( tho he has possession of it , ) unless he hath it from the king , which is right enough ; and yet it is not enough , in case the king is not de jure the sovereign patron , and proprietary in chief . 't was never once held by any bishop of sarum , ( but was a distinct and good provision for one of the simplices canonici ) until the reign of hen. . by whom 't is pretended to have been pressed upon bishop salcot , alias capon , and that in exchange for the mannor of godalming in surrey ; which could not possibly be de jure ( if indeed 't was so de facto ) in case the king had no right to dispose of that prebend as he thought fit : i say if it was indeed so de facto , because the mannor of godalming in surrey ( with the rectory and the three copices , and the perpetual advowson of the vicaridge ) was the gift of king x hen. iii. and is the dean of sarum's corps , and held of him by lease to this very day . nor could such an exchange be made ( if it ever were ) without the king's fiat , as proprietary in chief : and i hope 't will not be said , that the king has only right to alienate what he will to the bishop from any other , but no right to give what prebend he will to any other . it is against law and reason , that one man in the same church should have two prebends at once . and therefore when hen. ii. of england gave two to one person y pope alexander the third complained of it : not at all questioning his royal right to give prebends , but the evil use of it . hence it follows , that the right of any bishop of sarum to bestow prebends ( which i shall ever assert as the only sure foot it can stand upon ) must needs be subordinate to the king 's , from whose supream right it was derived . for the king ( if he would ) z cannot legally confer a sovereign right upon any subject , much less upon a bishop , dean and chapter , who cannot hold what they have for term life absolute , being many ways subject to deprivations . amongst many other examples which might be easily given of that ; judge a coke tells us of one bishop of exeter , who fell into a praemunire , for not admitting one immediately , who was presented by the king to the church of southwell : and this was done in the prevailing times of popery ( ed. . ) much more easily may it be done by a protestant king ( and hath been often ) who hath of right an ecclesiastical supremacy , and doth assert it without a sacriledge , or an encroachment upon the church , and that by the confession of all loyal church-men . i am sure i can name many , who once allowed much more to cromwell : and yet by b two statutes in force , 't is downright treason , for any subject of england , either to promise or pay obedience , to any other than to the king , his heirs , and successors . 't would be as endless , as it is easy , to muster up instances of the regale over churches and church-men , and their revenues , even when they were as great , as the pope could make them ; and at as high a pitch of pride , as that usurper of supremacy could raise them to . the most assuming bishop of rome that ever was , was pope hildebrand ; against whose tyrannies and encroachments , william the conqueror was a protestant ; yet he apparently so dreaded the growing power of the then bishops within this kingdom , that he confirmed his own power ( as well as shewed it ) by lessening theirs . our kings ( in a word ) are de jure kings of france : and the french king's prerogative , or propriety , cannot be greater in the gallican church , than our kings is in the church of england . nor indeed near so great . ( 't is a little thing to say in the church of sarum only . ) and yet the whole clergy of the gallican church , have lately declared their opinion by the mouth of the arch-bishop of rheims ( notwithstanding their popes pretensions ) that the king hath a clear title to the right of the regale in all the bishopricks of his kingdom ; that a general council cannot lessen it , much less a pope ; that no present king can be deprived of what a former king had ; that the king 's collating to prebends is such an act of supremacy ( so the historian does infer ) as shews the king to be lord in fee ; and by the code made in the time of hen. . c if a chapter refuse to install a regalist , letters are to go out to compel them to it , or else their revenues are to be seized on . briefly 't was confessed by the bishop of pamiees ( the stoutest assertor of the pope's ecclesiastical supremacy ) that the foundation of churches does prove the king 's right of patronage . all which and much more may be collected out of dr. burnet's elaborate history of the rights of princes , &c. and if the french kings prerogative is such ; who does not own an ecclesiastical supremacy in all causes , and over all persons , as our king does ; how much greater is the regale of our kings here in england , ever since the reformation ? i will conclude this comparison of the king of france with the french king , in the words of this king's procurator general in parliament , to wit , that the king can no more renounce the right of the regale in ecclesiasticis , either in whole , or in part , than he can destroy the salick law , or quit the sovereignty of any provinces in france : and further adds , they would all quit their employments , rather than consent to the least diminution of that right . there are some among us , who do not speak in that strain , though others do . sect. . fourthly , i observed a maxim of law in my lord coke , which did confirm me in my distinction between a supream and subordinate right . the maxim is , c that if the title of the king , and of a common person concurr , the king's title shall be preferred . for the law ( saith he ) respecteth honour and order : therefore if the king makes one man a resident , whilst the dean and chapter is choosing , and have a desire to choose another ; the dean and chapter will prefer the king's clerk , and not dispute with his majesty de jure patronatus . several instances may be given in several churches . those of sarum , and wells in especial manner . so if the king presents one to a prebend without residence , and the bishop another ; the dean and chapter will install and admit the king's man , because by express statute-law , d the king is the advower paramount immediate of all churches and prebends . and accordingly our kings , the last , and present in particular , do not only recommend , but pro imperio plane despotico , do expresly command obedience to , and compliance with them ; and that sometimes in the very same line , sometimes two or three lines lower , sometimes again in the conclusion . yes , and in variety of despotical expressions ( as great as any can be invented in law to be imperial . such as are ( for instance ) e we will. we command . we will and require . willing and requiring you . our pleasure is . our express will and pleasure is . this we will have done , any use , custome , prescription , or any other matter , or thing to the contrary in any wise notwithstanding . again , we will , and our pleasure is , that you cause these our letters to be entred in your register , to the end they may be produced when occasion requires . what french king did ever write in a more decretory , despotical , and masterly stile , than le roy le veult . car tel est son plaisir ? this was as far as heaven from hell , from expresly disclaiming a royal patronage , and right , and iurisdiction . i will add but one more , which was both ways despotical ; to wit , by a signal inhibition , and by a peremptory command . for having said , that he had given unto his chaplain dr. drake the dignity and office of chancellor in that his cathedral church of sarum , with the prebend thereto annexed ? his majesty added these signal words ; [ we hereby will and require , that no other person be admitted or elected into any residentiaries place now vacant , or that shall be vacant , until he ( the said dr. drake ) be received into the rights and profits of residence : and for so doing , this shall be your warrant . ] much more might be said of the king's mandate for dr. whitby , which yet i forbear , till occasion serves . only of this i am assured by as eminent f a lawyer , as perhaps ever was , that a false suggestion in a petition to the king , does void the king 's grant of the thing petitioned for : it being a maxim in my lord coke g ; [ the grant is void , where the king is deceived in his grant. ] besides all this , i sadly considered with my self , how often bishops temporalities have been resumed by our kings upon light displeasures . how often will. . did h resume his own grants . and how he at once took all the profits of the bishopricks of canterbury , winchester , and sarum . and how all bishops were threaten'd i by hen. . with a seizure of all they had , if they presumed to intermeddle in any thing to the prejudice of the crown . lastly , how k all our kings and parliaments ( excepting one ) even from hen. . until the . of hen. . have used acts of resumption , whereby to repair the low estate of the crown . the just and frequent way to do it ( said the learned sir robert cotton , in his speech to the house of commons , car. . ) the dean of sarum , as much as any man , is for the bishop of sarum's rights ( though not exclusively of the kings ) and would have it stand safely , by standing for ever upon a rock , to wit , the prerogative of our monarchs , who , in law , can never dye . they tend to the ruin of the prelacy , and all cathedrals , who labour to make their king despotical , in the sence of the greek proverb only , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . be a family never so great , there is but one servant in it , and that is the master of the house . but the learned dr. burnet affirms the king to be despotical in a much better sense . for premising an observation , how frequently christian monarchs made paenal laws for church-men , the pains of which were suspension , or deprivation ( whereof the instances are many , both in the old roman laws , and in the capitulars ) he infers the king's l mastership , and gives a very sound reason for it . indeed the bishops of rome for several centuries of years , even in all their publick bulls , and till the death of charles the great , did own the emperors of their times , as their m lords and masters . and richard poor , bishop of sarum , did own king iohn as his n master , with greater reason ; however that king de facto made himself the pope's vassal . postulans ab eo tanquam a domino suo manus adjutrices . all agree the monarchs of england have power to suspend , or deprive a bishop ( as ours has done an arch-bishop , and that for a lesser degree of guilt , than that of opposing the king's prerogative ) as q. mary and elizabeth did : and of our kings not a few . so 't is on all hands confessed , that their royal visitations , either of all the churches of england ( as hen. . ed. . and q. eliz. by their commissioners ) may abolish old statutes , and order new ones to be made ; and this for one ( if they please ) that no prebend shall be conferred without the king 's express mandate , or permission and consent , in a conge d'eslire . this would be at once despotical , and yet according to law ; however some in the world are willing to make them inconsistent : and every statute would begin with a statuimus , ordinamus , or volumus & mandamus : which being supposed , i would ask , what hurt would there be in it ? or , what ill consequence could therebe of it ? is the king fit to be intrusted with all the greatest promotions , all the bishopricks and deaneries ? and is he not fit to bestow the least ? it is convenient , and of good use , and according to law , that he should make a bishop of sarum , as well as the dean , and all the residentiaries , ( as at this day , and in antecessum for days and years yet to come ? ) and is it illegal , or of ill consequence , that he should sometimes ( tho' seldom ) bestow some few of his own prebends , even on men of great learning , and holy life , and in full holy orders , and that for term of life only ? when his progenitors gave so many even to mere lay-men , and their heirs for ever ? the world takes notice , and 't is to be written with a sun-beam , that generally speaking , and taking one with another , no preferments are so well given as by the king , and by the lord-keeper of the great seal , and by the advice of the lords commissioners , whom his majesty hath appointed for ecclesiastical promotions . 't is certain the bishops , and the deans , and others , whose preferments are in the king 's sole disposal ( not only in his supream , for which certain bishops have a subordinate right derived ) are all exactly of this opinion : this ( i say ) is as certain , as it is certain they have a competent good opinion of themselves , and their own deservings : they would not else have accepted , much less would many of them have sought , what many others had deserved as well as they . and if 't is true that o neither the bishop , nor the church of sarum , did suffer any prejudice at all , by king iames his giving a prebend unto a mere lay-man , and to his successors for ever ; ( at which saying of a great churchman , many good secular men have wondered ) how much less can his lordship think it any prejudice at all to the bishop of sarum , or to the church , or to the whole order of church-men , if another monarch of england shall confer another prebend ( i do not say upon a lay-man , and his successors for ever , but ) upon one in holy orders , and ( without a nepotismo ) of holy life , and of excellent learning , and for term of life only , or so long as he is seen , and notoriously known , to continue to deserve the enjoyment of it ? 't is very well known what was the judgment of hen. . upon his death-bed , and of all his executors after his death ( whereof three were eminent church-men , to wit , arch-bishop cranmer , tonstal bishop of durham , and dr. wotton , the famous embassador , who was at once dean of canterbury and york , and humbly refused the arch-bishoprick of the great province ) and also of all the privy counsellors of ed. . when they decreed to the p earl of hartford , six of the best prebends at once , and three hundred pounds per annum out of the lands of the next bishoprick , which should fall to the king's disposal . after which 't was granted also ( at the said earl's suit ) that his lordship should have a deanery , and a treasurership , in lieu of two of the said six prebends : but very far was the dean of sarum from defending the alienations of ecclesiastical endowments to saecular men ( as the lord bishop of sarum does ; ) he was not so little verst in logick , as to argue a facto ad ius . for when he related matters of fact , and what our monarchs had done in the church of sarum , he added , [ quo jure , i humbly leave to the judgment of my superiors . ] he only demonstrated , that our monarchs had acted as founders , and proprietors ( which indisputably our monarchs all are ) and have a strict right ( as well as power ) to bestow all our prebends as well as bishopricks upon god's proper usu-fructuaries , deserving church-men for term of life . but whosoever shall consider , what powers were given to the lord cromwel by commission , as vicar general to hen. . and also shall consider those famous parliaments , composed of the clearest and deepest heads of those times , both spiritual and temporal , who made the known statutes of hen. . cap. . and . and . . and ed. . cap. . will at least excuse and pardon any man living who now believes ( and with a much greater force of reason ) that our king hath a supream and sovereign right ( from which and under which some of our bishops , as well as deans , have one subordinate and derived ) to dispose of vacant prebends now and then , when they please , in their own cathedrals . and as well may he dispose of all our residentiaries places ( as his now-sacred-majesty , and his royal progenitors have done ) yes , and return them , if he thinks fit , from six to seven , from seven to twelve , and from twelve to fifty-two ; and bind them to residences in their courses , thirteen every quarter , according to our several statutes , both old and modern . sect. . besides all this , i find it said to the lords commissioners , first by my brethren of the chapter , [ that his majesties power within the church of sarum appears to us to be the same , and no other than it is in all other cathedral churches in england . ] next by the king's attorney general , [ i cannot find that his majesty hath any other right in that church , than in any other cathedral churches . ] these assertions , but especially the first , because of its important monosyllable all , do seem at least to me to imply a grant , that his majesty hath the same both power and right in the cathedral church of sarum , which he hath , and ever had , in the churches of worcester , norwich , rochester , bristol , gloucester , oxford , peterborough , westminster , windsor , &c. in all which churches , as well cathedral as collegiate , every one of the prebends is in the king 's sole ( not only sovereign ) disposal , ( by himself , or lord-keeper , ) and not one in any bishop , or bishops whatsoever . yea , even in the arch-bishop's metropolitical church of cnanterbury , the king has the sole disposal of nine of the twelve prebends , and the arch-bishop of but three . tho' the primate of all england and metropolitan , should have as much power and right , ( a man would think , ) within the cathedral of his own diocess , as any one inferiour bishop , both within his grace's corrections also ; such as the bishop of sarum is . and i do sometimes ask my self , what inconvenience could there be , if the bishop of sarum , or any other who is subordinate to the archbishop , ( as the archbishop to the king , ) had no more prebends to dispose of than the archbishop hath ? or if his majesty now and then ( although but rarely , only fourteen , or fifteen , in above , years , ) should give a prebend at large of sarum , to a priest every way qualified with want and worth , as well as he gives all the prebends in all the churches recited , without exception ? the church and state might stand firmly as now they do , and christian souls might be as salvable as now they are , tho' the king's power and right were as much owned by all , as it is by me . the bishops of london and of lincoln , and several others , have a most undoubted right to dispose of prebends , ( such at least as the bishop of sarum hath , ) and that right the more unquestionable , by being held of the supream , and derived from it , and subordinate thereunto . a sole and sovereign right wholly exclusive of the king 's , ( which is all i contend against , and which my lord bishop of sarum , seems to aim at , and effect , or else his lordship and i agree , ) i am verily perswaded , none of those bishops will pretend to . it cannot be said with any truth , that all the bishopricks i have named , wherein the king gives all the prebends , the bishops none , are not of old , but new foundation . for worcester , and norwich are very old ; canterbury and rochester two of the oldest we have in england . besides that , the king's power and right in the church of sarum , is greater than in many others ; not only because of his old free chappel , which i shall prove in the next chapter ( and cannot be disproved by some negatives , from some interested and passionate opposers of the prerogative , ) but also because the kings of england were the co-founders of that cathedral in a literal sence , as well as founders in the sence of our common and statute law : the co-founders at least , because osmund had his all from the bounty of will. . and held his all of that king's favour , under knights service during pleasure , for which i cited mr. selden and matth. paris , in the first sect. of this chapter . king hen. , in one day gave churches to that of sarum , besides the tithes of new forrest ; if the q record which was read by sir. tho. ridley said true , which he mentions in his view of the civil law. and ( passing by the lesser bounties of steph. and k. hen. . ) it is confessed , that hen. . gave no fewer than or prebends , and other things ; even all the tithes of all the kings forrests within three counties , wilts , berks , and dorset and the removal of the cathedral from old to new sarum , is owned by bishop spondanus ( as well as r others ) to have been at the king 's cost chiefly . next our kings were sole founders in the eye and sence of the law , according to the maxim cited before from iudge coke , instit. cart . chap. . upon magna charta , p. . & ed. cap. . and our king at this day , according to that other maxim in coke inst. in statute of employments , p. . whatever right our former kings had , our king hath now . it seemeth strange to most men , ( who have considered the matter throughly , ) that the king who gets the right of giving every ecclesiastical possession in england , not only where church men , but where saecular men are patrons , by promoting an incumbent unto a bishoprick , should immediately loose all even in that very church where he makes the bishop : or that the king who hath all in his own disposal , during the vacancy of all the bishopricks in england , should have nothing to dispose of , ( without the bishop's good leave , ) as soon as the vacancies are filled , tho' filled up freely by himself . they are betrayers of the churches rights who go about to undermine and betray the king's ; and they tempt the king and his royal successors , to let their bishopricks lye void , as q. eliz. and her ancestors thought fit to do , even as far as for , or , yea , for , years together . signal instances of which in the most of our churches , if not in all , 't were too easy for me to give , if it would not occasion too great a length . alas ! we may judge of the king's regale within the cathedral church of sarum , ( supposing there had been never a royal chappel in the old castle , which yet i shall shortly make apparent , ) by the exercises of it in other churches . they having ( in their pleasures and displeasures ) created some bishopricks , and supprest them soon after ; ( whereof westminster is an example : ) dissolved , and restored ; ( whereof durham is an example : ) united two into one , and again divided into two ; ( an instance of which we have in worcester and gloucester : ) taken three out of one , ( as hen. . took ely out of lincoln . hen. . oxford and peterborough out of the same : ) tho' the diocess of lincoln is still the greatest , ( ' its parishes being no fewer than . ) ordered one bishoprick to be held with another in commendam ; ( as that of bristol with that of gloucester for years together : ) gave the bishoprick of hexam in augmentation to the archbishoprick of york ; ( from which it was taken again in the . of hen. . ) converted canons saecular into regular , & vice versa made the prior and convent of westminster a distinct corporation from the abbot : conferred the patronage of a bishoprick upon a subject ; ( as hen. . that of man upon the family of the stanleys : gave temporalities , and reassumed them ; ( as in ed. . cap. . ) deprived bishops for very small failings ; ( examples of which are elsewhere given . ) subjected them to the statute of praemunire , and to the judgments of saecular men ; ( as all at once to the lord cromwel , and sir io. tregonwel to that of sarum . ) made inferiour clergymen to be the judges of their superiors ; ( as the dean of st. pauls over bonner bishop of london : ) translated bishops in displeasure , from the greater bishopricks to the lesser ; ( as nevil from york to st. andrews in scotland ; and iohn buckingham from lincoln to litchfield , which was not then half so good : ) made a saecular man a dean ; ( as the lord cromwel dean of wells : ) in a word the same authority which took four bishopricks out of sherburn , and added sherburn ( with about parishes about it ) to the dean of sarum's iurisdiction ; and gave away the jurisdiction of the rest of all dorsetshire from the bishop of sarum to that of bristol , ( but never gave away one from the dean of sarum , ) can give a prebend of sarum , or a residentiaries place , to any man in full orders , and that de iure ; for to a lay-man , and de facto , it has frequently been done . and if the corporation of dean and chapter is not of the king's foundation , when the bishoprick is by all confessions , and by the frequent declarations of the law ; why have our kings disposed oftener of the residentiaries places , than of the canonries at large without residence ? why should any man dispute against his kings being his founder ? can he pretend to have a better ? or will he pretend to have none at all ? 't is true that osmund was a secondary and subordinate founder of many prebends . but his founder and royal master , was worthily reckoned as the supreme , with which distinction it is as true , the dean and chapter have a right to choose their bishops as well as residents . but both in a subserviency and subordination to the supreme , wherewith their own must stand , or fall . the reverend arch-deacon s fulwood hath enough , whereby to clear the king's patronage of the whole english church ; and he cites archbishop bramhall , producing several laws for it . the assize of clarendon ; the statute of carlile ; the statute of provisors . all asserting the power and patronage to be de jure in the king , which was de facto in the pope , and by usurpation t the parliament told the king plainly , that the right of the crown is such , and the law of the land too , that the king is bound to make remedies and laws against incroachment on his prerogative . sect. . lastly , i must in my narrative ( in imitation of the most learned and most judicious bishop sanderson , ) assert the bishops right , as well as the chapter 's , and mine own , ( both as jointly with them , and as separate from them ) upon what i think the surest and safest ground . only i could not find in my heart to take down that scaffold , or to invalidate those stairs , unto which we all owe our own advancement . i was really afraid to betray the church , by asserting the churchmen's right with an exclusion of the kings , as i am sorry some do , to the endangering of the whole body . for 't is to expose her as an orphan to a very unkind world , sadly stripped of the patronage , and so the protection of the king , who is her guardian , and nursing father , to whom the church owes her safety , ( if not her being ; ) and without whose royal patronage she cannot comfortably subsist : the church ( in our laws ) being evermore a u minor , ever a pupil under age ; as utterly destitute of help , as ever any expositious and forsaken child was , without that guardianship and patronage , that royal right and prerogative , which some ( who live by it ) have lately attempted to undermine . in this my sentiment if i have erred , it is with the great man i just now mentioned as my exemplar , in that book which he composed by the special command of king charles the first of glorious memory , proving episcopacy in england not at all prejudicial to regal power , ( which some would make destructive of it , ) by the same way of arguing which i have used . w the shortest accompt which i can render of it is this : all episcopal power is either of order , or iurisdiction ; hereof the latter is either internal , or external ; and this last is either directive , or coercive ; the first is from god , the second wholly from the king ( as is declared by our laws , and acknowledged by the whole loyal clergy . ) yea that power which is from god , ( as that of preaching , ordaining , absolving and the like , ) is so subject to be inhibited , limited , and otherwise regulated , in the outward exercise of that power , by the customs of the land , as that the whole execution of that power does still depend upon the regal . now x all iurisdiction being confessedly from the king , it seem's to follow , that all prebends , as well as residentiaries places of the old foundation , which have a iurisdiction belonging to them , ( as those of sarum are known to have , ) are disposable by the king , when , and as often , as his majesty sees good. pope nicholas could not deny it , and therefore granted it very cunningly to edward the confessor , with a vobis & posteris committimus advocationem &c. we commit the advowson of all the churches of y england , to you and your successors , kings of england . so that if the popes grants are of any value , ( before the statutes of provisors and praemunire , ( by which the composition , in it self evil , was made much worse , as having been when those statutes had made it criminal , for the subjects of england to petition a bishop of rome for a confirmation ; the regal right i plead for has a double title , and is not questionable by the papalins , much less by the men of the church of england . now whereas i did distinguish ( with the judicious bishop sanderson ) between an original , and derivative power of jurisdiction , ( wherewith i have been twitted , in derogation to the kings honour , to whom it seems i ascribed more , than malignity will allow , tho' no more than bishop sanderson , whose loyal performance justifies mine , ) and after shewed the great extent , with the greater intensiveness , of my derivative jurisdiction as dean of sarum , which had been a most extravagant and unaccountable iurisdiction , if the first deans of sarum had not been deans of the kings free chappel , ( before the cathedral church was built , and before bishop herman was the first bishop of it , as well as during all his time , which i shall prove to be as clear as the sun at noon in a fair day , ) i will justify my self in my so magnifying my office , out of mere gratitude to the king , and to show his royal bounty as well as power , in the words of the said meek and most learned prelate . the more a derived power is extended and inlarged in the exercise thereof , ( so as to be regular ) the more it serveth to set forth the honour and greatness of that original power which granted it . since the vertue of the efficient cause is best known by the greatness of it's effect . for — propter quod unumquodque est tale , illud ipsum est magis tale ; as the warmth of the room doth not lessen the heat of the fire upon the hearth , but is a sign of it's greatness , &c. from all which it follows , that the dean who does as modestly , as he does thankfully distinguish , between his own but derivative and subordinate rights , and the rights of the king which are original and supreme , cannot magnify his office , or defend his jurisdiction ( according to his oath and bounden duty ) with too much zeal ; whilst they who hate that distinction , ( as by me it hath been used , ) and will have the sole right to dispose of this or that , exclusively of the kings , are neither so modest nor so thankful , as i sincerely wish they were : they maligning their maker's power , whereby they are what they are . i will add ex abundanti what may conduce to their conviction , ( in this great article of our religion , ) who would be thought of the church of england z it is a principle in law , that of every land there is a fee simple in some body : but the fee simple of the land of a prebend cannot be in the bishop , or in the prebendary , ( both being at most for term of life , and both subject to deprivations , for less then treason , or felony , ) therefore 't is in the king , as original a founder , whose royal right can never dye . king hen. . and ed. . did act accordingly and the b same authority which was made use of by hen. . and ed. . was declared by parliament to be in q. eliz. her heirs , and successors . c nor can any discontinuance be any prejudice to a king 's right , who therein hath this prerogative , quod nullum tempus occurrit regi . and d when a king ordains any thing for the honour of god and the church , he wills not ( saith my lord coke e that it turn to the prejudice of him or his crown ; but that his right should be saved in all points . besides the church is for ever in law a minor , ( as i observed before ) semper in custodia domini regis . and 't is unnatural that the guardian should have nothing to dispose of ( not so much as a prebend ) in the minority of his pupil , to which he is a nursing father . the king's possession and rights ( saith the same f oracle of the law ) are called sacra patrimonia , & dominica corona regis : so that 't is sacriledge to invade them . nor can he so make them away , but that at one time or other they will revert unto the crown . he is in law summus dominus supra omnes , ( still the words of chief justice coke , ) of whom are held either mediately or immediately all the free lands of england , much more all ecclesiasticals for term of life onely , or quam diu bene se gesserint possessores . lastly , the king is not only the legal founder and patron of all the bishopricks in england , and of all contained in them ; ( as causa causae is ever causa causati ) but he is himself in person , the supreme and sovereign bishop of every diocess in england . it being the true and known saying of constantine the great , ( an englishman born , and king of britain , as well as emperour of rome and constantinople , ) in his speech unto the fathers of the first nicene general council , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and every body knows , that the perpetual advocation or right patronage of is a lay fee ; as peculiar to many lay subjects , ( much more to the sovereign , qui intra ecclesiam potestatis culmen habet , say the canonists themselves , ) as institution to a subordinate bishop , or other ordinary , and induction to an archdeacon . especially when the thing presented to is without cure of souls , as prebends are . for where a parsonage is the corps of any prebendary at large , and demised for three lives to a secular man , ( as most commonly it is , ) the cure of souls is wholly devolved and incumbent upon the vicar , if at least there is a vicaridge endowed ; and if not , upon the curate . but the rector and his tenent are both exempt . briefly our monarch has a right , as well by common , as statute law ( and the deans of sarum have ever been largely partakers of it by royal bounty ) to h exempt what place he will from every bishop's jurisdiction ; and ( when he will ) from the arch-bishops ; such as pool , and other places in the possession of sir iohn webb : every ordinary in england ( such as is the dean of sarum in the close ) is an i immediate officer to the king's courts . and to the king appeals lye even from the court of arches : his majesty being in law , le dernier resort de la iustice ; yea , in places exempt , no archbishop may intermeddle , according to hen. . c. . . and c. . § . . i and all iurisdiction ecclesiastical being both derived from , and inseparably annexed to the imperial crown of this realm , and that for ever , by k acts of parliament ; from thence it is , that a convocation cannot meet , without the king 's writ ; nor treat at their meeting , without his commission ; nor establish any thing when commissioned , without his royal assent and fiat . they who say less than this , do make episcopacy prejudicial to monarchy ( which bishop ▪ sanderson could not endure ) and set up a papal like supremacy in a protestant kingdom . a loyal subject and son of the church of england , will conscientiously distinguish , with padre paul , and the canonists l between dominion and dispensation ; and then he will dutifully concede , that where the bishop is dispensator , the king is dominus . chap. ii. what i said in my ( unprinted ) narrative of the king's castle at old sarum , and of the king 's free chappel in it before the cathedral church was built ( all which is gain-said by the present lord bishop of sarum in his answer to the said narrative ) i take upon me to prove , and to place beyond dispute , by not a few of the best historians who have written of those times , whose printed writings are extant , and do confirm what was produced out of the dean of sarum's register , which was extracted out of the registers ( for the most important part of it ) of the ancient bishops of sarum ; and which i thought had been sufficient , without the confirmations of it which now ensue . sect. . first , 't is plain from william of malmsbury , m that the said castle was the peculium of the king , and stood upon the king's soil . castellum salesberiae regij iuris proprium erat . sect. . next 't is evident from the same , and from other old authors of greatest note , such as eadmerus , florentius wigorniensis , roger hoveden , simeon dunelmensis ( all elder than matthew paris ) and matthew paris himself , and several others , that the said castle was a place of usual resort for the kings of england , and sometimes for extraordinary meetings : as for example ; a. d. . n aug. . william the conqueror pointed his bishops , barons , sheriffs , and their milites , to meet him at saresbury , where , and when , the said milites took their oaths of fidelity to him . so saith florentius of worcester ( the ancientest writer , who hath mentioned the church of old sarum ) and roger hoveden . this precisely was the year wherein was compiled the doomsday-book ; as the same authors , and the book it self witness . a. d. . w. rufus held a council in his castle at old sarum ( as the same o authors testify ) when osmund was present , and took the confession of william de alvery , before he went to execution . a. d. . henry i. le beauclerc newly crowned , held his court in the same castle . arch-bishop anselm repairing thither to his majesty among the rest . so saith eadmer . p. p he also held an assembly of the three estates at old sarum , which had from that time the name of parliament . a. d. . the same king called a meeting of the bishops and great men of the whole kingdom at the same place , there to do their homage to his son william . so saith q eadmer . pag. . florentius , and hoveden . hitherto is no mention of city , town or village , but of the king's castle only : which w. malmsb. thus describes , r salesberiam , quodest vice civitatis castellum locatum in edito muro vallatum non exiguo . a. d. . s the arch-bishop of roan in the council at winchester maintained , that by the canons of the church , bishops could have no right to hold castles ; and that if they were tolerated by the king's indulgence , they ought in times of danger to deliver up the keyes . here the question then rise ( as camden t tells us ) whether bishops might be the governors of such strong-holds , which was determined by a great church-man against the bishops in general ; and in particular against the then bishop of sarum , whose monstrons avarice , pride , perfidiousness , and ingratitude , are by none so well expressed , as by our excellent u bishop of hereford , de praesulibus anglicanis . sect. . thirdly , during the time , herman , the first bishop of sarum , in point of time ( tho' osmund was the first in point of dignity , and endowment ; and the w first who had any cathedral church , or chapter in it : ) it is agreed by all authors , both printed , and in manuscript , that there was not yet any cathedral church , or chapters either within , or without the king's castle : but only a chappel , and a dean , as now there is at whitehall . for no one author in the world did ever say , that bishop herman did build the church ; the most that is said of him , is said by bishop godwin , that herman laid a foundation ; and having so done , he dyed . x but his churches was in the air , like some men's castles ; a meer imaginary church , and the child of phantasy . nor indeed could it be more . for by the command of will. . he had left the two cathedral churches of sunning and sherburn to the dean , who then was formaliter ( as virtualiter ever since ) dean of the king 's free chappel only ( without a chapter or a church ; ) and in whom , as their sole ordinary , sunning and sherburn have ever since been , with many peculiars belonging to them , in berks , and dorset , in wilts , and devon ; ( to which i might have added the county of oxford , were it not that the said dean has little jurisdiction there , tho' there he has some . ) herman's time was too short to build a church at old sarum . he did rather design a church , than so much as lay the foundation of it . but all agree , that the favourite osmund ( a captain of say in normandy , who came in with the conqueror , from whom he had all he had , and in whose castle , whereof the king made him the governour , conicerge , or keeper he found no more than a royal chappel ) both y built and repaired the cathedral church there , whose steeple was burnt the next day after its being finished . how by his master 's great bounty , as well as license , he added a chapter to the dean , besides three dignitaries , four arch-deaconries , &c. hath been expressed in my narrative , and remains uncontradicted . what his lordship cites as the work of mr. bee , sir roger twisden was the chief designer of , and must not be defrauded of the honour due to him for that collection . sect. . fourthly , 't is acknowledged by my lord bishop himself ( so god will have it many times , that truth shall be justified by its opposers , even in the act of their opposition ) that the church of old sarum was always a cathedral ; which is as much as to say , there was not any church there , until there was a cathedral church . and 't is as evident as the sun , that no cathedral could be there , before the bishop's seat was removed thither : nor then , till it was built by the king and osmund . and therefore , sect. . fifthly , the king had a chappel , for himself , and his royal family , and his great council to serve god in ( as none in their way were more z religious than in those times ) before he had in that place a cathedral church . for besides the absurdity and incredibility , that in the king 's special mansion for strength and pleasure , wherein he had the great conventions of the lords spiritual and temporal , and a family in his absence consisting of souldiers as well as servants ( sometimes called ministri regis , and sometimes milites ) he should not have so much as a private free-chappel for publick worship ; i say besides this it appears as by others , so by radulphus de diceto , that the king's castles in those times had chappels in them , for the king's honour , as well as use. — ventilata autem est haec causa prius — in paschali solemnitate in capella regia quae sita est in castello . this is confirmed by what was said in the chapter 's accusation of bishop erghum to arch-bishop sudbury . a infra castrum domini regis , & in ipsius solo , nullatenus episcopi sarum , primitus extitit fundata ecclesia , ut libera capella ejus , ab omni iurisdictione diocesani exempta , plena libertate , more aliarum regiarum capellarum angliae , gaudebat , &c. which free-chappel of the king was never denyed by bishop erghum , and was owned in the sentence of the arch-bishop for the said chapter against that bishop . and as the king's chappel first , before the building of the church ; so the church , as soon as built ; and the church-men , as soon as founded , were every whit as much within the king's castle , as the old bishops of sarum's registers were able in latine to express them . b continetur in annalibus pontificum inter gesta bonae memoriae domini richardi episcopi sarum , quod antiquitus canonici ecclesiae sarum residebant infra septa castri veteris sarum , usque ad tempus supradicti pontificis . in cujus tempore orta erat persecutio , &c. ratione cujus , rex angliae praecepit omnibus vioecomitibus , & castellaneis suis , quod curarent , quatenus loca regia ubique regio usui custodirent , non obstantibus quibuscunque privilegiis ecclesiasticis . then it follows at large , that the cathedral men going out of the castle in procession , had the gates shut against them by the king's soldiers or servants at their return . sect. . sixthly , the church , after it was built ( as well as the chappel before there was a church ) was evidently situated within the king's castle , infra castrum domini regis , as is attested by the printed and written records of those times , which my lord bishop contradicts gratis ; but i suppose thro' their failures , whom his lordship entrusted and employed . the ancientest writer extant , who mentions that church , writes thus expresly : c osmundi searesbiriensis episcopus ecclesiam quam searesberia in castello construxerat cum adjutorio episcoporum walcelini wintoniensis , & iohannis bathoniensis , nonis aprilis , feria secunda dedicavit . others who are ancienter than matthew paris , and more authentick have the same words : to which agrees that ancient distich , which is cited by bishop godwin , and by camden in wilt. pag. . quid domini domus in castro , nisi faederis arca , in templo baalim ? carcer uterque locus . and this with very great reason . for all the prebendaries or canons ( two words for one thing , not two things , as the king's attorney was made beleive ) and all other church-men , except the dean ( who had an house and demeasnes by the rivers side , about half a mile below the castle , called still the dean's court , as mr. barker's house in sunning is to this day called the deanery ) were but as prisoners in the king's castle ( compared with what they are now ( for above one hundred thirty four years . and accordingly bishop poor made it the ground of his complaint both to the king , and to the pope , as that on which he then built ▪ his petition to both for a removal . — ecclesiam de castro & de d carcere regalis potestatis laborabimus aedificare , &c. posthaec autem acccessit ad regem angliae , petens ab eo licentiam , &c. — & postulans ab eo tanquam a domino suo manus adjutrices . cui rex benignissime praebuit assensum , &c. lastly , 't is confirmed by those words in the bull of pope honorius the third . e quod non patet aditus ad ecclesiam sine licentia castellani . peter of blois agrees with all these . ☞ from all the premises it is clear , that the church was not only within the precincts of the king's castle , which yet is sufficient to prove it stood on the king's soil ( however denyed by his lordship : ) but also within the castle it self , strictly and properly so called . sect. . seventhly , as the castle and the guard of souldiers in it , and the ground in which it stood , have been evidently proved to have been the king's ; so 't is evident that the bishop held the castle but as a keeper , or as a maistre d' hostel , or as a tenant to the king , or at most as all governors of garrison-towns and castles , do hold them pro tempore for the king ; and even so both the bishops , and earls of sarum ( the earls longer ; very much longer than the bishops ) held it only in trust , and during pleasure . whence it was they were so f often put in , and out , as our kings saw good ; and as i shall hereafter shew at large , even out of such publick monuments as are confessedly the best . this appears by the grant of it to bishop roger , as great a man with hen. . as osmund was with his father william , tho' of a far more contemptible and base beginning , and one who grew great by the basest means . malmsbury sets it forth thus . castellum salesberiae ( or sedberiae , as eadmer calls it ) quod regij iuris proprium esset , ab henrico rege impetratum muro cinctum , custodiae suae attraxerat . thus osmund held it as a custos , of will. . and will. . and roger as a custos , from h. . who found it encompassed with a wall , which wall about the castle seems to be all , which gives any colour for that saying of my lord bishop , that roger encompassed the city with a strong wall. whereas the castle so encompassed was not civitas , but only vice y civitatis , as will. of malms . precisely words it : thus the word tenet is explained in doomsday-book , episcopus tenet saresberry . and thus what follows aserted by my lord bishop's , [ that the castle it self did belong to the bishop ] does of it self fall to the ground , without any stricter examination of the proofs , which do not say any such thing , as that for which they are pretended to appear : but the contrary rather is from thence to be inferred . nor do i see to what purpose those words are added by my lord bishop in the margin , [ vid , bee. fol. . ] unless it be to confute the text. the place is in henry knighton leycestrensis , who did not write till . years after , reaching to the death of rich. . about . and who speaking of the king in council , commanding the removal of bishops sees , does add these words — hoc anno hermannus episcopus primus sarisburiensis obiit . cui successit osmundus regis cancellarius annis , qui ecclesiam novam , not renovatam ibidem construxit . thus his lordship's citation makes quite against his own pretentions . osmund did not only repair , but first built the church , which herman at most did but design . so matth. paris in the place cited , calls it ( not the bishops , but ) the earl of sarum's castle . for will. . gave it to walter d' evereux z earl of rosmar in normandy , as to a keeper ; so hen. i. gave it to bishop roger , from whom it was taken by king stephen , as from a monster of ingratitude , and as from a perjured rebel . then the custody of it was given ( not to the bishops , but ) earls of sarum , and was continued in them by caeur de lion r. . and king iohn ; after whom it was taken by hen. . from the grandson of will. longespee , and given to margaret countess of sarum , whose husband being attainted , 't was resumed by ed. . and after given by ed. . to will. montacute , of whom tho' bought by bishop wivil for marks , ( not recovered by law , nor won by combat , ) 't was yet soon resumed ; and given by hen. . to rich. nevil , whom he made earl of salisbury . 't was after given by ed. . to his brother richard duke of gloucester . at last hen. . restored the blood of margaret , and made her countess of salisbury . after whose attainder and decapitation , ( when she was years old , ) in the year . king iames gave it to sir robert cecil , and his heires , in whom it is at this day , and is rented by the good relict of the most excellent bishop earl. thus we see to how few bishops , and to how great a number of earles , the custody of the said castle was concredited by our monarchs from time to time , as its keepers were esteemed more or less worthy to be entrusted . and to argue it was the few bishops soil ( two or three at the most , ) or the soil of the many earles , because our monarchs made them governours during pleasure ; is as if a man should argue , that the city of oxford ( when it was garrisoned ) was not the kings , but colonel leg's , sir arthur aston's , sir thomas glenham's , &c. because they were the governours , unto whose custody 't was committed . or that the castle of windsor is the earl of arrundel's , exclusively of the king , because the king gave him lately the honour of it . now having proved that the castle of old sarum was the kings ; and that the king's servants a were in it , for more than years ; and that the cathedral church of sarum was b within the kings castle ; ( which yet was confidenly denyed to the lords commissioners ; ) and that our kings from the beginning have acted in as absolute and as despotical a manner in and over the church of sarum , as in any of their own mansion houses within these realms ; common sense will infer , and inform the most indocile , that where the king ( william the first ) had a castle and family in it , he had a chappel for god's service , and his chappel was free. how strange a thing therefore is it , for men to lessen that monarch in his prerogative , who did not only make them , but does still keep them great . how often had the hierarchy been trodden utterly under foot , if the king singly had not sustained them ? how many parliaments may be convened , who will vote down all bishops , and deans , and chapters , ( ab actu ad potentiam optime valet argumentum , ) if the king will prompt them to it , or but consent when it is done ? they who look downwards upon themselves , but neither backwards , nor forwards , on the years that are passed , and the years to come , do not consider what protections they have received from the king ( at the king 's great cost , ) or what protections for the future they may have a sad occasion to wish and pray for . and here i should have ended this d . chapter , but for a passage out of the annals of burton abby , ms. . which shews that even then , in the time of hen. . ( long enough after osmund , and will. . ) the king of england had many free chappels , and was resolved to keep them free. indeed so many , that diverse parish churches which did but neighbour on the king's castles , were apt to pretend to that priviledge . yea the chappels in the king's castles were confirmed in their immunities , exemptions , and liberties , by popes themselves : as appears by that kings proclamation dated , at westminster march the d. in the . year of his reign . wherein he strictly commanded , that the said freedom of his chappels should be c perpetual . et ne aliquis contra praedictum privilegium aliquid audeat attemptare . nor hath any of our monarchs taken away or surrendered that glorious branch of their prerogative ; whatever subjects have attempted by joining with boniface the th . chap. iii. whereas 't was affirmed by the bishop of sarum to the lords , that there never was a time when either the dean and canons were exempt from all iurisdiction of the bishop of sarum . the contrary to it is confessed and strongly proved by his lordship himself in the very next words following , wherein his lordship cites the composition that was made between bishop waltham , dean montacute , and the then chapter of the said church , which was no longer since than in the year . whereas the absolute exemption of the dean and all the canons from the bishops jurisdiction , was in the year . between which two dates , there was an interval of almost years . which composition , so called , was indeed a conspiracy of the said bishop , dean and chapter with pope boniface the ninth , by whom it was confirmed , and for which by the laws of england ( even ( c ) then in force ) they did incur a praemunire : which all the bishops ever d since are humbly conceived to have incurred , who have presumed to act according to that conspiracy , i. against the supremacy , and prerogative of the king ; ii. against the common , and statute law of the land ; iii. against the fundamental statute of our subordinate founder osmund ; iv. against their own souls in two respects , first in respect of the several oaths , which b have severally been sworn by all the bishops , deans and chapters . that they would keep , and cause to be kept ( as much as in them lay ) that fundamental statute of osmund , with all the priviledges , dignities , immunities , and exemptions therein contained ; of which oaths the said conspiracy or composition is a professed violation , as shall be shewn in its proper place . secondly , in respect of the heavy curse , which osmund denounced against all those who should dare to pervert the said fundamental constitutions in any kind . v. against its own being , by reason of its several inconsistences with it self , and of the several nullities contained in it . lastly , against the well-being , if not against the very being of the whole college within the cathedral church of sarum , by reason of its most scandalous and most mischievous effects . but of each in its order . § . . first , it was a conspiracy against the king of england and his prerogative , who is in law declared to be the founder as well as patron of all the archibishopricks and bishopricks in england , but took care in his original charter granted to his favourite osmund , ( sealed first with the seal of will. i. and then with the seal of will. ii. ) to exempt his dean and all his prebendaries or canons from the bishops jurisdiction in as full and as plain a manner , as latin words could express an exemption by . in words so carefully contrived against all possible affectation of jurisdiction over the college of dean and chapter in any succeeding bishop of sarum that what the present lord bishop of sarum would make an argument for himself and his affected jurisdiction , makes quite against him . for the voice and the place which the bishop has in chapter ( common to him with all the canons ) he has as prebendary of pottern , not as bishop of sarum ; nor has he so much as a second voice as he is prebendary of blewbery , because he was never admitted to it by installation , nor lawfully could be . for when hen. . had given two prebends to one man in one church , pope alexander the third complained of it in his letter , as unlawful , and uncanonical . ( not denying the king 's right of conferring prebends , but the evil use of it . ) so that the bishop in capitulo has but one single vote , and the liberty to propose what he thinks may tend to the good of the church , or to complain of what he takes to be amiss , ( as every other prebendary has as free liberty to do , ) and to be punished or amended by the authority of dean and chapter . nor is it said to be the duty , but the e dignity of the dean and of all the canons , ut episcopo in nullo respondeant , nisi in capitulo . to which 't is added in the next words , ( what his lordship does not mention ) & judicio tantùm capituli pareant , where the word tantum excludes the bishops iudgment or definitive sentence of any matter , & limits it wholly to the body of the great chapter ( consisting of all the canons non-resident and resident ) whereof the dean is the head , and the prebendary of pottern , a worthy member ; but the bishop as bishop is neither of them . nor was this signal exemption only in the foundation of the cathedral , made at once by the supreme and the subordinate founder ; but it was repeated and confirmed by hen. iii. and bishop poor , in the removal of the same from old to new sarum , in the years . and the same oaths for the due observance of it , have been ever since sworn by all the bishops , deans , and chapters without exception . all which was alledged with effect in the chapters accusation of bishop erghum to archbishop sudbury ( , ) whom they charged before his grace at once with perjury and usurpation , for affecting a jurisdiction over the canons when the dean was dead , and the deanry vacant , at a time wherein the bishop had a little colour for it , which might excuse his sin a tanto . much more might they have done whilst the dean was yet living , if such an incroachment had been attempted . besides it was against the imperial crown of this realm , by being against the decanal jurisdiction , which is e for ever and inseparably thereto annexed , and granted unto the dean under the great seal of england . § . ii. next it was against the common and statute law of the land. against the first , because the king's prerogative is law , and the principal part of the common law , as that from which our statute laws are derived ; and 't is a principle with my lord coke , the f common law disallows acts done to the prejudice of any subject of this realm ( much more of the sovereign ) by any foreign power out of the realm , as things not authentick . such was the power of boniface the ninth meerly foreign , and prohibited as such by several statutes then in force , and ever since . against the second , because there were ab antiquo ( before the petition made to the pope by the then bishop , dean and chapter for the papal confirmation of the conspiracy aforesaid , ) acts of parliament in force , against appealing to , or petitioning the bishop of rome , or any other foreign power , either for grants or confirmations of any acts , or combinations , or associations whatsoever , within these realms ; and therefore one abbot moris in the of ed. . incurr'd the pain of praemunire , for sending to rome to h be confirmed by the pope in his election to his abby , which the pope ( forsooth ) gave him of his spiritual grace , and at the request of the king of england , as he fictitiously pretended . the bull was considered of in council , before all the judges of england , and by them all it was resolved , that this bull of the pope was against the laws of england ; and that the abbot , for obtaining it , was faln into the king's mercy ; whereupon all his possessions were seiz'd into the king's hands . the same penalty was deserved by them who made the composition we are upon , and petitioned the pope for his confirmation . and though 't is pretended to have been done at rich. . his intercession ; yet it is but pretended , according to the usual trick , the practise and policy of the popes , to feign requests from the kings of england , who scorned to make them ; as they did often pretend to give , what they could not deny , or durst not offer to withold , and knew they had not either a right to confer , or a power to hinder . choice examples of which are given by the learned and reverend archdeacon fullwood , in his subversion of the romanists pleas for the pope's supremacy in england ; and though rich. . was so incomparably careless of his every thing that was his , even to his kingdom , crown and dignity , which brought upon him his deposition , as historians are wont to call it . and although such an act of intercession to the pope , as is pretended , had had an absolute nullity in it self , had it been true ; yet hardly any man can believe it , who shall consider the statute made in the i same kings time against all papal usurpations , which to own , and to use as things of right , is to incur a praemunire . besides that rich. . had acted against other parliaments also , as well as against his own , and against his declaration , in case he had done , as is pretended . but that the trick i now mentioned was often used by the popes , we cannot prove by a better testimony than that of the most learned and most sincere padre paul , who speaking of the times of paul the fourth , in giving that to queen mary which was her own long before , and inherited from her father , king hen. . concludes with this signal observation : cosi spesso i papi hanno donato quello , che non hanno potuto levare a possessori ; & questi per suggire le contentioni , parte hanno ricevuto le cose proprie in dono , & parte hanno dissimulate di saper ' il dono , & la pretensione del donatore . add to all this , that the said conspiracy was expresly against magna charta , by which the deans and chapters liberties , exemptions , and jurisdictions , were confirmed and secured , and that by no fewer than k acts of parliament . and magna charta is not only a statute law , as old as since the th year of king iohn , though made more full and with more solemnity in the th year of hen. . but moreover by the act of ed. . 't was adjudged in parliament to be taken and held as the common law. ( they are the words of chief iustice coke , in the preface to his comment on magna charta . ) in a word , the application made to the pope at that time against the laws of this realm , was a strong proof of its corruption . for 't was the observation of the most wise padre l paolo , that none went to rome out of devotion , but only out of some design against the canons and customs of the church , which being unable to get approved in their own country , they fled to rome , where dispensations were vendible for every thing , and the avarice or ambition covered over with an apostolical dispensation or confirmation . so he in his treatise of the almes of the faithful in the primitive church . § . iii. thirdly , the foresaid composition was even knowingly and professedly against the great fundamental statute ( commonly called in our books magna charta osmundi , ) of the subordinate founder osmund , and by a consequence unavoidable against the sovereign founder also , whose royal seal alone was affixed to it . that 't was against the said charter and fundamental statute , and against the exemption of the dean and canons , and all inferior members also belonging to the kings free chappel , ( which any man may deny whose tongue is his own , but no man living can disprove , ) hath already been evinced , and shall be further , as occasion shall be offered . but that 't was knowingly and professedly against the same , is moreover to be proved from the conclusion of the conspiracy . for as there is a contradiction to the fundamental statute and charter both legal and episcopal , fol. . so in the next page of that leaf there are these bold and unexcusable words — non obstante statuto , & chartapraedicta , the king himself in parliament could not have spoken in a more imperial strain . archbishop boniface on the contrary , a. d. . had most tenderly provided for the liberties of all in the church of sarum , according to the tenor of m osmund's statute ; though he was in all his time the most assuming archbishop of canterbury , even from that to this day . whereas in the conspiracy of the aforesaid pope boniface with the then bishop , dean and chapters , there is this aggravation of the astonishing design against the king ; that it hath a special salvo for the popes and his cardinals , and the dean of sarums rights , but none at all for the kings : yea , as if that were not enough to affront the king by , it takes upon it to decree the whole revenue of the deanry , decanatu vacante , to the chapter ; which , ( as well as the revenues of all the void bishopricks in england , ) belong by law to the king alone . lastly , the goods of the church ( as the chapter words it ) which osmund gave to the dean and canons , he gave them even so , as he had received them of the king , with a libere , prout ipse obtinueram ; ( meaning his master will. i. ) and adds a little after , in his repeated exemption of all the prebendaries or canons from all intermedlings of any bishop who should succeed him , habeant etiam curiam suam in omnibus praebendis suis , & dignitatem archidiaconalem , ita ut nulla omnino exigentia vel in dono , vel in assisa , aut aliqua alia consuetudine ab episcopo vel aliquo alio fiat , &c. sed ( ● contra ) omnes dignitates , & omnes libertates plenarie & pacifice habeant , quas ego osmundus episcopus in iisdem praebendis habui , aut aliquis n alius , cum ●as in nostro dominio haberemus . 't was in contempt and relation to this emphatical exemption , as well as that which was instanced in before , that the bishop , dean and chapter , conspired with boniface the ninth against the statute they were sworn to keep inviolate , with a prodigious non obstante statuto , and charta pradicta . and therefore . § . iv. fourthly , it was against their own souls . for it follows in the same charter , or the great fundamental statute , ( wherewith all after statutes must stand or fall , ) that every one of the foundation must take an oath at his admission , se dignitates & consuetudines ecclesiae sarum inviolabiliter observaturum . and if any one shall presume to violate or pervert the said statute of the foundation , perpetuo anathematizetur , is the form of the curse used by the king and bishop osmund on the transgressor . nor is it meant of the lesser , but greater cursing , which the old english festival and the articles found in st. paul's church at canterbury , a. d. . o do define to be such a cursing , or vengeance-taking , that it departeth a man from the bliss of heaven ; from housel , christ , and all the sacraments of holy church ; and betaketh him to the devil , and to the pains of hell without end . such was the force of the word perpetuo , when such cursings were in use . in a due fear , and for the prevention of such a curse upon such a perjury , the chapter of sarum in their complaint to archbishop sudbury against bishop erghum , for violating his oath by usurping a jurisdiction , and by presuming to visit certain prebends whilst the deanry lay void , did present how all the privileges which had been settled in the foundation , were continued and confirmed in the removal of the cathedral , and that by a bull from pope honorius , cum hac clausula in literis apostolicis inserta , [ salvis ipsius ecclesiae sarum privilegiis , dignitatibus , & consuetudinibus . ] ad dictas etiam ordinationes , consuetudines , libertates & dignitates fideliter tenendas & inviolabiliter observandas episcopi , decani & canonici sarum praebendarii , eorum temporibus successivis , omnes & singuli , juramentis corporalibus ad sancta dei evangelia , praestitis , realiter fuerunt & sunt astricti . whereupon they prayed the archbishop of the province , so to interpose his metropolitical power as that the said bishop of sarum , for the salvation of his soul , might revoke and retract the visitation he had begun , and the chapter enjoy their own without disturbance . place at igitur paternitati vestrae taliter interponere partes vestras , ut dictus d. episcopus sarum omnia praemissa illicite attentata , & praecipue visitationem sicut praemittitur decanatu vacante de facto inchoatam , pro salute animae suae revocet , & praefatum capitulum & prebendarii omnes & singulos commodo fundationis , &c. — libere gaudere , in solidum exercere , quoad omnia praemissa in pace permittat in futurum . lastly , the fundamental statutes and customs of our church were so confirmed by hen. . in his regal visitation of it , an. dom. , that the bishops of sarum for ever are as much subject to them , as any other . the bishop there by name is the first bound up ; and bound up to the observance of no other statutes and customs , than do agree with the word of god , and with the laws of the land , with which the said papal composition hath been proved to disagree ; and as it professedly does oppose the royal charter , and the fundamental statute , on which our whole endowment stands ; so i set this against that , the fundamental charter and statute , against the novel composition or combination . § . v. add to this , that the composition hath several other nullities in it , arising from its several inconsistences with it self . 't is inconsistent with an episcopal jurisdiction , . not to be impowered to visit triennially , and . to be interdicted a procuration ; . p only once in seven years ; . and then q without any regard ; . and in the r chapter house only ; not where he will , excepting the archdeacons , whom 't is said he may visit s elsewhere : . a fault or default in a prebendary at large to be corrected , ( not by the bishop , but ) by dean and chapter , or by the dean alone , as is usual without a visitation ; ( fol. . b. ) . t a power is pretended , to inquire what is amiss among all the secular inhabitants of the close , and to reform , or correct , if the dean does not ; ( f. . ) which hath an absolute inconsistence with the salvo made before for the rights of the dean , in these words , [ visitatione & iurisdictione u decanali in omnibus , & per omnia decano & successoribus suis semper salvis . ] now when it shall be made to appear , not only by immemorial practise , but by decisions of authority , and by the confessions of this present bishop , ( yes , and by his earnest contentions for the dean against himself , ) that the close is the dean's peculiar , and not the bishops ; that the dean has all the ecclesiastical jurisdiction , and the bishop none at all ; that all persons and causes of ecclesiastical cognizance within the close , yea , within the bishops own palace , are to be tried and adjudged in the deans court alone , not at all in the bishops ; then i trow 't will be granted to be a monstrous absurdity and inconsistence , for one ordinary to be the visitor of another , who hath a co-ordinate jurisdiction with himself in many other places of wilts and berks , and a superior to him in one , and a sole jurisdiction in that very close wherein the bishop pretends to be the deans visitor ; which is to take upon him a regal , or metropolitical authority , to which two alone the dean of sarum is subordinate in his peculiars , as all others are who have episcopal jurisdiction within the province ; even abstracting from the relation the deans of sarum ever had to the king 's free chappel , whereof the privileges remain , and were ever reserved , though the formality is obscured in a great cathedral church . this last absurdity spoken of , may be made to appear by these following degrees . n. i. first , there never was a time since the foundation of the cathedral within the kings castle of old sarum , or since its removal to the close of new sarum , ( which close must be distinguished in all our discourses from the city , which no body denies to be in the bishops jurisdiction , and in the sub-deans two years in three , ) wherein the bishop was , or wherein the dean of sarum was not immediatus loci ordinarius . let them name it , and prove it , who were bold enough to say there was such a time , as the dean has named plainly , and also proved the space of time of almost years , between the kings and osmund's charter on one side , and the infamous composition on the other side , by which the bishop hath pretended some jurisdiction over the close , five days in seven years , though none at all before or after so great a space as seven years : which ( by the way ) is another absurdity and inconsistence . no instance can be given of any will proved within the close by any bishop , or any letters of administration granted , or any matter of instance tryed , or any fornication punished by any bishop since the foundation : but only by the dean of sarum , who is confessedly in the statute of bishop roger himself ( though an high-flying bishop ) loci ordinarius immediatus . see the statute de testamentis decano insinuandis . now that is clearly an immemorial practice and possession of the dean which has been a tempore , & per tempus , cujus contrarii memoria hominum non existit . which allegation to the archbishop , for the chapters exemption from the bishops jurisdiction , bishop ralph erghum could not deny , and thereupon was decreed against . . next , the decisions of authority have been for the dean , and against the bishop , as often as authority hath been appealed unto , which has been seldom . . in the year , when the then bishop simon de gaunt endeavoured to invade the decanal jurisdiction over the canons and other members of the cathedral church of sarum , petrus de sabaudia then dean of sarum , did by his instrument in writing , on the third of october , prohibit the prebendaries or canons , and all other members of the said church , and discharge them from submitting to the said bishops visitation . n. ii. no longer since than in the year , iohn elliot , ll. doctor , chancellor then to dr. alexander hyde lord bishop of sarum , cited one iohn wickham , servant to mr. chafin , living then in the close of sarum , unto the bishops consistory for incontinency , &c. wickham not obeying the summons , was by the said chancellor de facto excommunicated . whereupon mr. richard kent , then prebendary of sarum and surrogate to the reverend dr. richard baily , dean of sarum , perceiving the invasion committed upon the dean's peculiar jurisdiction , by dr. elliot the bishops chancellor , in citing wickham within the close , absolves the said wickham . whereupon the bishop makes his complaint to the archbishop dr. gilbert sheldon . the business came to an hearing in st. iohn's college gallery in oxford , before the said archbishop , and edward earl of clarendon , lord chancellour of england ; ( the king then residing in oxford . ) and the issue was this ; that the bishop should not intermeddle with any ecclesiastical censures , things , or persons , out of his own palace and family ; but that the whole decision of ecclesiastical matters within the said close , did , and do purely , wholly and solely belong unto the dean . this is a true copy of the whole relation of the matter from the reverend dr. richard baily , received by me the surrogate to the said dr. richard baily , dean of sarum . it a testor ricard . kent , primo jun. a.d. . sub-dec . sarum . n. iii. yea , since the present lord bishops , and the present dean's time , there was a crime committed within his lordships own pallace , and by his lordships chief domestick ; which being a crime of ecclesiastical cognizance , was by consequence to be punished by the king 's ecclesiastical laws . the bishop applied himself first by letters to the dean and chapter conjunctim , for the punishing of the chief party in that commission ; proposing the composition to them , whereby his lordship was in hopes a correction de bene esse might be favourably inflicted . the dean and chapter met on purpose in dr. drake's house , to read and to consider of the said composition . which having done , they unanimously agreed in this judgment , ( of which they sent his lordship word , ) that the whole composition ( supposing it to be valid , ) was wholly impertinent to the matter in hand : and that none but the dean alone , as the sole ordinary of the close , could summon both parties into his consistory court , and put the law in execution . the dean however made a delay , because the principal offender had committed the fact in the bishop's palace , which he was willing to esteem a place exempted from the decanal jurisdiction . and this he pleaded to the lord bishop , whom he desired to correct his own domestick in his own family , or in his own court , which the dean said , he would warrant his lordship the doing of by letters dimissory , or license under the seal of his decanal office. but his lordship urged with great strength of reason , as well as earnestness ; ( . ) that such a liberty in the close , was more than either the dean could give away lawfully , or the bishop receive . ( . ) that the party cited into his court might appeal to the arches from the bishop tanquam a non iudice , and make the very iudge of that court a criminal . ( . ) that the dean might summon a prebendary to appear in his court by a certain day from any part of the kingdom ; but ( . ) that the bishop could not cite him into his , however nearly an inhabitant . whereupon the dean of sarum , acknowledging the bishop too hard for him in the contest , was forced to own his unavoidable authority in the close , as inseparably annexed to the imperial crown of these realms , ( which is the language of w several acts of parliament , ) and not without trouble and self denial , did satisfie the law upon both the offending parties . n. iv. since which time also , no longer since than on the th of september . the present dean was desired by mr. archdeacon woodward , then the bishop of sarum's surrogate , ( now the chancellor of this whole diocess , ) to permit and allow the people of broad-chalk in wiltshire , to ask the voluntary benevolence of persons living within the close of sarum . to whom the dean gave his leave , or permission rather , in these words following : as far as the laws of this realm permit , and being earnestly requested , as well as moved with the resentment of so many mens losses within the parish of broad-chalk , i do allow the said sufferers to try the charity of the inhabitants within my peculiar of the close of new sarum , though not in any other place under the decanal iurisdiction of tho. pierce , decan . sarum . now it is to be noted , that the parish of broad-chalk , is under the bishop's jurisdiction ; and that the lord bishop was then at home , in his palace within the close ; and that his leave had been sufficient without the deans , had he had any jurisdiction within the close ; much more had his jurisdiction been archiepiscopal , or regal , and so superior to the deans . lastly , that the bishops surrogate , knowing well that his lordship had none at all within the close , ( though his lordship and the sub-dean have all between them in the city , ) did therefore make his application , to the dean , and the dean only . in like manner the collection which was made within the close for the rebuilding of st. paul's london , the redemption of captives , and the like , was made and returned by the dean only and his officers , according to the king's order and direction . n. v. if we step as far back as to the year of our lord . we shall find the great difference between a bishop of sarum , who was first dean of sarum , and a bishop who never was dean of the same church . for dr. iohn pierce , whilst dean of sarum , did in conjunction with his chapter , and by command of queen elizabeth , ( to whom he was almoner many years , ) upon the th of october , . x begin the good work of abolishing superstitious and popish statutes , without the consent or the assistance of the then bishop edmund ghuest . ( though he so swept the church , as to leave some dust behind the door . ) but being afterwards bishop of sarum , ( as after that , archbishop of york , ) he got a commission from the archbishop of the province to visit the church upon occasion of the case of dr. zouch , and said , he was fultus iurisdictione metropolitana ; knowing well , and confessing , that , as bishop of sarum , he had no right to visit the choral vicars , much less the chapter , much less the dean ; for if he had , he would not have needed any commission from the archbishop of the whole province . n. vi. the said exemption of all the canons of the greater and lesser chapter , who make a superiour corporation whereof their dean is the head , may be yet farther proved by the exemption of all the vicars , who are an inferiour corporation , from the bishop of sarum's power and jurisdiction . for it appears by the vicars charter , which they enjoy from the crown of england , ( as the dean and chapter do theirs , ) that they are only subjected to the correction of dean and chapter , not at all to the bishops , who can neither put in , nor punish ; much less , put out a vicar , or a lay clerk , however criminal . and accordingly the vicars , ( as well as the lay clerks ) take an oath at their admission of paying obedience unto the dean , and to the dean only whilst he is present , and in the dean's absence to the deans locum-tenens , authorized under the seal of the decanal office : but none at all to the bishop , whether present , or absent ; which was eminently acknowledged by this present bishop in his own palace , when in the presence of the dean and chapter , and all the vicars , his lordship protested three several times to mr. hardwick , the vicars procurator , and prolocutor , and to his brethren then present , that if it were in his power , he would expel them every one , for their then recalcitration and opposition , both to the bishop and to the chapter , when good lawyers told the vicars , they had the law on their side . the vicars were not a little pleased at his lordship 's brutum fulmen , and confession of his no-power over the vicars within the close , three times repeated . nor could any but the dean bring those vicars to a submission and full compliance , which he soon after did with the best effect . n. vii . even since my coming to keep my residence at sarum , the th . of this instant iune , i find two notorious and publick confessions in effect , of the lord bishop of sarum his having no power to visit within the close , whether the dean will or no , or without the dean's leave , concurrence , and consent , under the seal of his decanal office , as well as under his own hand ; which being sought , but refused ( very honestly and prudently ) by the dean's surrogate in his absence , and without his knowledge ; the dean's locum-tenens , for the chapter , ( as the sub dean mr. kent ▪ is the dean's surrogate for his court and his peculiar jurisdiction , wherewith the chapter hath nothing to do , nor any mortal besides the king , and the arch-bishop of the great province , ) did as absurdly , as unfaithfully , clap the common seal of the dean and chapter , ( of the dean chiefly as the head , and of the chapter as his members , ) by usurping my name in it , and by counterfeiting my will , against my will , my interest , my jurisdiction , without asking my consent or permission , without so much as saying , by your leave sir , yea studiously and in haste without my knowledge , even when he and the rest knew i was but few miles from them , and even then coming ( tho' not yet come ) to my house at sarum . being come , i soon found two citations in the choir , made by a fiction of my name , and of my name only , beginning thus , thomas pierce sancta theol. professor , ecclesiae cathedralis sarum decanus , & ejusdem ecclesiae capitulum , universis & singulis , &c. finding this to be done . without my knowledge ; and . with my very great abhorrence ; . against my judgment ; . against my right of jurisdiction ; . against the king , of whom i hold my jurisdiction under the great seal of england , ( and unto whose imperial crown my iurisdiction is annexed by acts of parliament ; . against my self in mine own name , and poetically brought in upon the stage , citing my self , and the bishop , as the prebendary of blewbery , but not as prebendary of pottern , ( which the bishop is also ) comically personated whether i will or no , like a puppet y moving by wires ; . against express statute to the contrary ; . against the oaths of the members of the chapter , who had an hand in the usurpation ( which i am sure but few had ; ) . against the trust reposed in my deputy ; and . against the very license or constitution , whereby i had enabled him in my absence to call chapters for the taking care of god's worship , the keeping of statutes and laudable customs of the church , as far as they agree with the word of god , and with the law of the land , and for the correction of the canons and members , but so limited , as i have said , not for the using the common seal at all , much less at his pleasure , without my knowledge , and consent , and against my self ; i say finding this , and a world of absurdities ( too many , and too great to be recounted in this pinch of time ; ) i inferred their conviction of my sole right , as dean , to cite the prebendaries and all other members who had sworn obedience to me , from their conceiving themselves forced to run so great a risque , as that of z crimen falsarii , rather than set up such a citation without ▪ my name , or in any man's name but mine ; and for their false using the common seal of dean and chapter , for want of the decanal peculiar seal , which alone had been authentick . therefore under my seal of office belonging to me , and me only , as an ordinary , and judge , of the king 's ecclesiastical court within my peculiar the close of sarum , and elsewhere , i made my a protestation against that usurpation of my name , declaring it unlawful , null , and void , as shall be set forth at large in the second part of my defence , if occasion shall serve , or need require . § . . having shew'd the inconsistencies of the conspiracy with it self , and the monstrous absurdity of a bishop's taking upon him a regal power , or at least an archiepiscopal , whereby to visit the dean of sarum within that close which is the peculiar of the dean , not of the bishop , and whereof not the bishop , but the dean is the sole immediate ordinary , and wherein the dean has the whole ecclesiastical jurisdiction , the bishop none , and where the dean's jurisdiction which was derived from the crown is united thereunto by acts of parliament , which the said composition does grosly violate : i come to shew in the last place , that 't is against the well-being , if not against the very being of the whole college within the close and the church of sarum , by reason of its most scandalous and most mischievous effects . n. i. first , the statutes which have been made by deans and chapters without the bishops , and others made by several bishops with the permission or consent of deans and chapters , being no way obliging beyond the time of the contrivers , ( nor even then but by our monarchs having no notice of them , ) succeding setts of legislators , as good as those who went before them , and as destitute of authority to take upon them a legislation , made other statutes at their pleasure , as inconsistent with the former as light with darkness . insomuch that they who swear to keep the statutes , as they are now , ( without any distinction of good or evil , valid or invalid , loyal or disloyal , protestant or popish , made by sovereigns or by subjects without commission , obsolete or in use , ) do take an oath they will be perjured , so far forth as they are not saved by a quatenus conveniunt cum verbo dei & cum statutis hujus regni ; which is a necessary help , but not sufficient , because there is not added to it another quatenus or qousque conveniunt statut● inter se , & sibi invicem non repugnant . for standing all as they do , partly lawful but laid aside , partly unlawful but yet observed and in use , and flatly repugnant to one another , ( as shall be demonstrated by and by ) it plainly follow 's that for a man of the church of sarum to keep one statute , is ipso facto to break and violate another . n. ii. before i come to prove this , by descending to some particulars , i think it useful to premise this general observation , to wit , that the statutes which are authentick , both by law , and in themselves , as having been made by our founders , the king and osmund , and by our later monarchs of england , hen. . ed. . and q. eliz. which alone are obliging both to the bishop , dean and chapter , are of all other statutes the most neglected and out of use , ( to say no more at this time ) whilst the statutes of several popes , and of several popish bishops and deans and chapters of sarum , however selfish and presumptuous , against the law of the land , and the canons of the church , and very oppressive to posterity , and therefore fit to have perished with those that made them , have been hitherto observed ( to the hazarding of souls ) with too much strictness . n. iii. now to demonstrate the contradictions , and other mischievous effects , which have been principally caused by the infamous composition of the said boniface the ninth , with the then bishop , dean and chapter ( birds of a feather every one at that time , during the loose and weak reign of the most careless rich. . of whom historians give this character , that of all counsellors and councils he did constantly take the worst , ) i cannot better begin than with the words of bishop henchman , once the chantor , and a residentiary , and after bishop of sarum , and at last bishop of london ; when being consulted by dean brideoak about the compelling of certain prebendaries at large to confirm their leases by the common seal of dean and chapter , and also to pay the fifth part of their prebends for their non-residence thirteen weeks in the year , according to osmund's constitution , and the statute of bishop iewel with the concurrence and combination of the then dean and chapter , sent his b answer in these words following . you must also understand , that the great vicissitudes and changes which those c princes applied themselves unto , did require rules and statutes , fitted to the disturbed condition of church affairs then. and you may observe in your books , that continual controversies did arise , partly because they did injoyn things contrary to each other , and partly because they were adapted to those times only , and were not practicable in after times . i will give an instance . do you think that now a prebendary not admitted into residence may be mulcted at quinta parte praebendae , because he doth not reside in the close of salisbury thirteen weeks in every year ? yet this is the statute of bishop iewel . rogatu fratrum nostrorum cum consensu capituli ( the dean was absent ) statuimus veterem antecessoris nostri osmundi constitutionem , quam de ea retulit , in integrum esse restituendam ; hoc est canonicos hujus d ecclesiae nostrae omnes & singulos , nisi juxta formam veterum statutorum , adsint & resideant , quinta parte praebendae suae mulctandos esse ; pecuniam autem omnem ita collectam ad fabricam ecclesiae nostrae cathedralis conferri volumus . what think you ? can a prebendary not residentiary be compelled now so to reside ? indeed he that lives upon his own land , or farm , and not in his parsonage with cure ; nor where his residence is by law allowed , is a great offender . but if an archdeacon or prebendary take upon him to reside in sarum ( being no residentiary ) he is liable to a sore mulct upon an information in the exchequer . will you admit every one into residence that shall offer himself , and protest de residendo ? you will soon be weary of that . or will you tax a man at quinta parte prebendae , because he doth not reside , and yet you will not admit him to reside ? thus far bishop henchman exposed those statutes to ridicule , by which all the canons ( in number ) are obliged to residence , yet not allowed to reside ; have a right to be residents , yet no permission to enjoy it . 't is their duty and their crime , to reside in the close and the cathedral thirteen weeks every year . they must , and yet they may not perform the will of the founder , confessed by bishop iewel to be expresly the subordinate founder's will , and by consequence the will of the sovereign founders , will. . and will. . whose seals were set to osmund's charter . men are punishable for that , for which they ought to be rewarded . not permitted to keep a residence , to which by statute they are compelled , and compelled to pay money for not doing that which they must not do . the work is incumbent on canons or prebendaries ; but six of their number ingross the wages unto themselves . this absurdity is so great , that hardly any can be greater , unless it be that which follows . for n. iv. in flat contradiction to the fundamental statute , and oath of residence , and to the late repeated statute of bishop iewel with the then chapter , the present bishop and the then chapter made a new statute ( octob. . , sethi anno sexto ) to this effect , that if they who have taken the oath of continual residence , keep not so much as three months residence , they shall pay five pounds for each months non-residence , or l. for the non-residence of the year : so that for l. per annum they may be residents good enough without residing , and save l. per annum ( which any mans residence will cost him , ) by paying only fifteen pounds . so as the residentiaries are tempted , ( not to keep , but ) to violate their oath of residence , ( if such a titulary statute can have any force in it , ) by compounding or commuting for breach of oath , the price of which sin is but fifteen pounds . i do not know if men are taxed for the sins by them committed at so favourable a rate in the court of rome . now considering , that the residents were shrunk and reduced long before , from or , ( for the prebendary of pottern was e bound to residence at first , ) to the dean and , and after that to the dean and , and now at last by this last statute ( so called ) to none at all , if each of the residents will redeem himself from that duty , or buy out his residence for the said sum of l . ( as some have done , and all may do , ) here seems to be a way made to the very dissolution of the whole college , if not in time of the whole cathedral church of sarum , notwithstanding his majesties ecclesiastical laws , which do oblige unto the residence of days , or months . and all local statutes have a nullity in the making , which are repugnant to the f prerogative of the king , to the law of the land , or the word of god. n. v. another statute has been made since his majesties restauration , enjoyning prebendaries to bring their leases to be confirmed by the common seal of the dean and chapter , to which they cannot be compelled , unless by the king , or an act of parliament . of whieh the aforesaid bishop henchman in his letter to the said dean , did write these words — [ and i must add , that since prebendaries and their tenants have understood , that leases demised by sole corporations ( according to the statutes of the realm ) receive no strength by capitular confirmation , you shall do well to perswade and invite the members of your church to observe the good rules lately made concerning leases ; but be not hasty to compel by censures or penalties , &c. — a little after , touching the statute enjoyning prebendal contributions , by way of tax towards the repairing of the church , the reverend bishop adds thus , — take the best and surest course you can to have the help of the prebendaries ; but take heed you adventure not to compel them , lest you meet with consequences which may to a good degree frustrate a work of so high importance . ] n. vi. all the oaths which have been administred , much more those which have been imposed , by bishop , dean and chapter upon prebendaries or vicars , in any matter not belonging to their spiritual jurisdictions , or not in a way of administring justice , have been against law , and the king's prerogative . the power to give and impose oaths being so peculiar to the prerogative royal , that 't is punishable to do it , without , or beyond the bounds of the king's commission , by way of indictment or information , as an high misdemeanor : nor can any custom legitimate such an invented oath , unless it had a lawful and just beginning . the house of commons are so sensible of the want of this power , not only to impose , but administer oaths to witnesses , ( who , being voluntary , are as ready to swear , as to appear , ) that they often accept of evidence upon bare averments . nor can the voluntary submission of the prebendaries or vicars create unlawful power in the bishop , dean and chapter conjoyned , which otherwise by law they have not , either to impose or to administer an oath , nor excuse them in so doing . for however such oaths so administred and taken , not to lett a lease upon such or such terms as the law allows , ( as for example for three lives without license , ) do bind the takers of them in conscience , yet in law they are illegal , null , and void . and so 't was declared by the late lord chancellor upon occasion of a suit in that court depending . n. vii . by a statute or a decree of the bishop , dean and chapter of sarum , made in october . no lease is to be lett by any prebendary ( however he is singly a corporation , ) without three conditions , ( by law allowed , but prohibited by them , ) and all three under the pain of excommunication ; which yet ( 't is well known ) cannot lawfully be inflicted for any matter or crime which is not made to be so punishable by some statute of the land : nor can any thing less than the king or parliament de novo create , or make a thing criminal . and though the breach of such conditions in the letting of a lease ( which conditions are wholsom ) be supposed to be a crime in such as have consented to them , yet the matter being temporal it is not punishable in law by an excommunication . yet this is another of the sore mischiefs , whereof the aforesaid composition hath been the occasion of the cause . n. viii . but there are other effects of it , whereby simony seems plainly not only to be allowed , but even established by a law , ( such as a bishop and the chapter can make de facto by the aforesaid composition , which owes its chief force to pope boniface the ninth ; ) whilst men are made to pay dearly for their places of preferment , which by the king are freely granted . for no sooner have the residents in the church of sarum taken their oaths , that they neither have given , nor will give any sum or sums for those places unto which they are admitted ; but presently , by the g statute of pope eugenius the fourth , even after he was deposed by the council of basil ( when for money he would do any thing , ) there is ( besides all other payments by way of customary fees ) a great fine for entrance , finis pro introitu , to be paid in ready money , or well secured by obligation . and though at first no more was paid than forty shillings to the fabrick , ( a. d. . ) yet by the statute of dean sydenham , and his then chapter , ( . ) authorized at florence by the said titular pope , ( . ) each resident with dignity is to pay for his entrance l. and each without dignity is to pay for the same l. s . d . ( besides a greater sum required by a much younger statute , of which hereafter . ) this statute is bad enough ; but the custom is worse : for besides that the fines for entrance are diverted from the fabrick , and divided among the residents of the chapter ; the custom hath violated the statute , in exacting no more from men with dignity , than without it ; so that the latter pay too much ( though less than the statute does require , ) and the former too little , because much less than is due by statute , which yet they pretend ( and that with contention ) to be in force . only the dean of all four dignities must be excepted , who pay by custom to the heighth of what the statute does enjoyn , and by custom much more . nor is this all : for tyrant custom which keeps up that statute , does beat it down at the same time in five remarkable degrees , for which no creature was ever yet able to give a reason . yet these are customs and statutes , which they who take to be obliging do swear to keep . but as if this were not enough , for a learned poor man to be beggared by in his advancement , ( as how many the most deserving have the least portion of mony , and none to spare , and often dye without re-imbursement ? ) there was another statute made by a bishop , dean and chapter , as well without the king 's as the pope's concurrence , and without the concurrence of common sense : for by force of that statute ( another effect of the composition ) every resident who is living , must fast a year from all commons ; and every resident when he is dead , must eat a years commons in his grave . at least in aristotle's sense , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for what he does by his executor , he interpretatively does ; and accordingly 't is said ( with as much pithiness , as impropriety , ) to be the dead resident his annus post mortem ; that is , his unius anni proficua undecunque provenientia . 't was not the christian self-denial of those usurping legislators , who first invented this law in their own behalf . a law resented very deeply by some publick-spirited bishops of other churches , who have expressed their resentments to the now dean of sarum , with a great deal of holy indignation ; and heartily wished for a remedy of this and other impositions . n. ix . but hardly can a remedy be brought about , but by the long and mighty arm of sacred majesty , which in a royal visitation can abolish old statutes , and make us new ones ; statutes suitable to our religion , by law established . statutes not repugnant to the king's honour and prerogative . statutes agreeable with themselves , and to be sworn to the safety of all mens consciences and souls . lastly , statutes not expiring with the breath of them that make them , like those royal statutes which were made heretofore for the church of sarum : for those of edw. . and q. elizab. were never yet so much as entred into the statute book ; insomuch that the former and present dean could never get a sight of them . and those of king hen. . by one of his masters of requests , sir iohn tregonwell , ( commissioned under the great seal of england , ) were only enter'd like an old almanack , and stand as a monument of contempt , which for many years past have been put upon them ; no more regarded than the great charter both of the sovereign and subordinate founders . notwithstanding our monarchs are declared by acts of parliament to have all such h iurisdictions , privileges , superiorities , and preeminences spiritual and ecclesiastical , as by any spiritual or ecclesiastical power or authority hath heretofore been , &c. and have full power by law to commission whom they please , and for so long time as they please , to visit reform , redress , order , correct , and amend whatsoever is amiss in any ecclesiastical state or persons , and over all to exercise all manner of iurisdictions , privileges , and preeminences , which by any manner of spiritual or ecclesiastical power , authority or iurisdiction , can or may lawfully be reformed , redressed , corrected , restrained , or amended . which right and power being united and annexed to the imperial crown of this realm , and that for ever , may be extended unto the visiting even the visitors themselves , ( and that with an endless visitation , and by any mean subject commission'd under the great seal of england , ) especially such as take upon them to visit the ordinaries themselves , and that within the iurisdictions which are exempt and peculiar to them , which none can visit by law in a protestant kingdom , who is not a king , or a metropolitan . n. x. now because the dean of sarum's ecclesiastical court and jurisdiction over the close of new sarum and the liberties thereof , and elsewhere in four counties , is for ever united and annexed to the imperial crown of this realm , even as firmly and as fully , as the courts and jurisdictions of any bishops . ( those of sarum , exeter , and bristol in particular ; ) it concerns the bishop of sarum , as much as all he hath in the world is worth , not to usurp the king's authority , nor to invade the metropolitan's right , by invading the dean's ; nor to attempt a new dominion ( from pope boniface the ninth ) without a new act of parliament , which none were ever yet able ( in almost years ) to prevail with any king , or any parliament to endure . n. xi . upon the whole matter , all the premisses being consider'd , there can be nothing more desirable , if 't is not absolutely necessary , than that his majesty now in being , will be graciously pleased with the assistance and advice of the archbishop of the province , ( if his majesty thinks fit ) to make and authenticate such a body of statutes for his majesties free chappel and cathedral church of sarum , as king charles the first , of glorious memory , did make and constitute for the cathedral church of canterbury , with the assistance and advice of archbishop laud. the church of sarum having as much , if not a much greater need . for , the statutes there at present are partly i popish ; partly injurious to k the king's prerogative and supremacy ; partly inconsistent with the l laws of the land , and common honesty ; partly repugnant to one m another , and so a snare to their souls who are sworn to keep them ; partly impertinent and impracticable , as the state of the church now stands ; partly impossible to be observed , without a very great detriment to the service of god , and the credit of the choir , or else without a most grievous and most scandalous violation of the kings ecclesiastical laws , to wit , the canons of the church . besides that such as they , they are tumultuary , and immethodical , according to the different times wherein , the different occasions whereupon , and the different authorities whereby they were made . n some are antiquated and grown out of use , by the deans and chapters ceasing to live together , as in a college , to eat and drink together upon the common revenue , in one common refectory , or hall , ( as in oxford and cambridge those of colleges do still , ) and by converting meat and drink into mony , whereof all have their proportions , and wherewith they keep their families apart . the like change is made in the corporations of vicars choral . all occasioned ( as i suppose ) by marriage permitted to the clergy . none of our statutes can be obliging to any beyond the contriver's time , unless as made or confirmed by the law of the land , or the kings of england . but our royal statutes , which alone are authentick , are most despised , as hath been shew'd . n. xii . without a body of authentick and reasonable statutes , such as may be agreeable to the word of god , the king 's right of prerogative , the law of the land , the church of england as it is by law established , and our present metropolitans provincial letter , aug. . , ( the vindication of which hath cost the present dean great pains and trouble , to say no more , ) it will be hard , if not impossible to break the old popish custom of thrusting the most unqualified and most scandalous singing-men , ( not so much into holy , as ) unholy orders , because unlawfully conferred , and sacrilegiously received . the mischievous consequences of which are too many and too great , within these last twenty years , to be expressed without a volume . whereas our two universities can furnish us with men of very good learning and degrees , who have much better voices and greater skill in musick , than our illiterate and ungraduated songsters . and it is but too evident , how sadly the church is overstocked with men of learning and degrees : the universities sending out yearly many more of such men , than the church hath employments , ( i do not say preferments ) to entertain . n. xiii . we need say no worse of the composition , made on purpose to overthrow the fundamental charter and statute , than what was said by paolo sarpi of the concordat , purposely made by leo the tenth to overthrow the pragmatic sanction . if the bishop of sarum had no jurisdiction within the close , without , or before that composition , why was it not invented almost years sooner ? and if he had it from the foundation , or at any time after , before and without that composition , to what purpose was the invention ? and why was it ever made at all ? and why with a salvo to the dean's right , whereof it is a violation ? and why with no salvo to the king 's right , to which it is an opposition ? and why with a non obstante statuto & charta praedicta ? these were evident confessions , that what it sought to legitimate , was illegitimate till then , and utterly unlawful for almost years . lastly , why was it called a composition , or a compromise , a concord made between parties litigant ? a superior having a clear right of jurisdiction , treats his inferiors as a iudge , by executing law ; not as a party , compounding for a law , and a jurisdiction , which before he had not , the very word composition confesses novelty , and guilt , and usurpation ; from which , according to his oath , his bounden duty , and allegiance , appellat caesarem decanus ; in imitation of st. paul , and a case like his , the dean appealeth unto caesar ; and immediately after caesar , to the archbishop of the province , whose metropolitical prerogative and jurisdiction , as well as that of the o king himself , the bishop of sarum ( whilst i am writing ) is now presuming to usurp ; which i can prove he does wilfully , and against his own light , because he knows he hath earnestly , and to my face , disclaimed all pretences of jurisdiction in the close , and cast it wholly upon me , as on the p ordinary of it , ( and as having within it solely the ecclesiastical jurisdiction , ) when he refused perseveringly to punish a fornication committed in his own palace , the correction of which i sought to cast upon his lordship . his lordship knows the determination of my lord chancellor hyde earl of clarendon , and of archbishop sheldon , for dean baily , against the then lord bishop of sarum . he knows that none but the deans court could ever try or condemn any one person within the close , in any one case or cause of ecclesiastical cognizance . he knows , q an oath of obedience to the dean is ever sworn , and to be sworn , by every prebendary or canon at his admission ; and this according to the statute , ( not only of the king and bishop osmund , but ) even of bishop r roger himself . but no such oath unto the bishop ( throughout the whole statute-book ) is to be taken by any member of our cathedral . his lordship knows , that all are liable to the corrections s of the dean within the church , but not one unto the bishop . decanus omnibus canonicis & vicaries praeest , quoad regimen animarum , & correctionem morum . his lordship knows , that at morning and evening prayers , after the tolling of the bell , no t person is to be staid for , ( ne episcopus quidem ipse ) except the dean . his lordship knows , in defect of residence , the canons were to be mulct or fined u secundum consilium decani , ( not episcopi , ) and that by a statute which was confirmed ( 't is an argument ad hominem ) autoritate apostolica . his lordship knows , that the dean ( as w petrus de subaudia ) made statutes of himself , aproved of , and ratified , by the bishop and the chapter ex parte post. but never any bishop presumed to make any statute , without the concurrence of dean and chapter . his lordship knows , the dean's power x to give leave of absence , or to deny it , without the least notice ever taken of the bishop . his lordship knows , or should know , that the dean was acknowledged by bishop y iewel , to be totius collegii pater , & sanctae societatis vinculum ; that the dean , ( not the bishop ) has power by statute , to admit the clergy of the church of the higher and lower degree , to possession and commons , z suo iure , in one place , and ( in another ) sua sola autoritate ; and to receive a an ounce of gold from every canon whom he installs , though now 't is dwindled into a mark ; and to challenge for himself and his retinue b , de iure & dignitate sua , from every prebendary or canon , by whose corps he shall pass in any journey , one days plentiful entertainment , with a laute percipiet , & ad libitum . briefly , our statutes give more respect unto the dean , than the dean can desire , or look for ; and such as i am loath to mention . but it c appears by the old statute-book , lent by dean brideoak to the present d lord bishop , iuly . , by whom it is not yet restored , as d. brideoak left it under his hand , when he went hence to the see of chichester . that , and bishop poor's register are to this day concealed from me . i will conclude with this one signal observation , that of all the monarchs of england , who have deprived the bishops of sarum of many jewels in their mitres ; not any one of them ever took any thing from the deans , because originally the deans of their royal chapel , and virtualiter ever since . an appendix to the premisses . shewing the dean of sarum's innocence ( if not his merit ) in his services for the king , by the lords commissioners special order ; and in his obedience to their lordships express command ; and also in his perfect ignorance of mr. yeats his address to the said great lords with his four heads of information , until the lord bishop and the chapter of sarum gave the dean his first knowledge and notice of it . so that the controversie , ensuing it , might possibly have been raised by the said bishop and his adherents , before it was so much as possible to have been raised by the dean , without his knowing any thing of it , till so informed . but seeing all men are subject to be mistaken and abused by men of malice ; it is the honour and the duty of all the dean of sarum's friends ( in the number of whom i profess my self ) to convert , or to shame those fanatical enemies to the government , who do pretend to suspect him , though indeed they do not , and cannot suspect him in reality , of having dealt underhand in the design of mr. yeats , or of having acted otherwise towards any the least occasion of any controversie or difference with any creature antecedently to the command of the lords commissioners , the evidence of the contrary is so manifold and convincing . but yet they hitherto resolve to pretend suspition , ( when they have none ) whereby to justify , or excuse , their diabolical defamation of an innocent man. ( if yet it is a defamation or a crime , to prompt a pious and learned person to serve his sovereign as he is able . ) the real cause of their malignity , being too criminal to be owned ; to wit , the dean of sarum's loyalty , and love of truth , and compliance with the commands of the most noble lords commissioners , who are impowered by the king to command us all. this alone is the true ground of some mens pretending to a suspicion , whereby to revenge themselves on the said dean , for having dared to be dutiful to his superiours . these artificers and e inventors of evil things having not at all either the grace , or even humanity to consider , that they themselves must have obeyed , ( as ill-affected as they are to any commissioned by the king , ) had they been so commanded , as the dean of sarum was . but i will no longer detain the reader ( in this preface to an appendix ) from mr. yeat's his own letters , sent to several persons of honour , and to some others of lesser quality , strongly asserting unto himself the whole design of the four heads , which he addressed to the lords commissioners ; and confuting those malignants , who out of envy to his performance , would have him taken ( to his disparagement ) for another man's tool . nothing is added to the said letters , besides a few deductions thence , and some reflections thereupon . an appendix to the three foregoing chapters . § . . mr. yeats was so unwilling , that either the dean of sarum , or any other of that church , should have any share with him in the honour or in the blame of his project of the four articles , that he writ an honest letter to a person of quality in the countrey , ( as before to some at court , and to the lord bishop himself ) who permitted the dean's son to transcribe as much of it , as he thought would conduce to his father's service and satisfaction : and 't is as follow 's . [ i am heartily sorry that any should be so atheistical , as still to suspect the dean's privity to my design , after so much evidence and conviction to the contrary ; and therefore to shame them , i am ready to undergo whatever test shall be put upon me , to declare that the dean was neither directly nor indirectly , nec per se , nec per alium , acquainted with my design , but every way as ignorant thereof , as the child unborn ; and much less abetting me therein , than the bishop himself from whom i had indeed two inducements , but from the dean none , nay less than none ; this being the only way i had to incur the dean's displeasure , but withal to procure a favour from the bishop , or at least from the king himself . the only offence that i can charge my self herein to be guilty of , and for which i do , and must ever beg the pardon of mr. dean , is not only that i drew up those articles without his privity , or assistance , but also without his knowledge or consent , referr'd my self for proof of them to books and papers in his hands . truth is , the knowledge i had of the chief things suggested by me to the lords commissioners , was principally from a sheet of reasons whereof copies had been dispersed into several mens hands , as well of both houses of parliament , as private persons , one of which copies i have here with me , penned by the dean about six years since , which sheet was entitled , — certain memoirs of things pleadable against a bill then prepared for the taking away of all peculiar jurisdictions , &c. wherein among others , i found this very observable passage . the dean and f canons of sarum had their abode before the conquest in old castle called caesar's burg , and corruptly sarisberg , by the brittains , sorbiodunum . it was at the first the king 's free chappel , as windsor is at this day , wherein the dean ( under the king ) had more than episcopal jurisdiction . vide vetus registr . miscell . & registr . dom. richardi episc. sarum . [ 't was from this , and certain other passages there following , ( seconded by what i heard from some g persons better known , as i thought , in the affairs and records of that church , than i can be supposed to be , ) that i thought i had reason enough humbly to tender those four things to be inquired into by their lordships . but for the reverend dean of sarum , he had no manner of knowledge of my design , or of my two inducements ●o it , nor of the petition of the mayor and magistrates of marlborough , nor of those noble persons who did promote it ; and therefore as i have highly though undesignedly disobliged him , by acting as i did , without his privity , and ( as i found since ) against his will ; so i have , and do , and ever will beg his pardon ; which whether i ever obtain , or not , i will be ever his vindicator in the bottom of my heart , from his having had the least share , or so much as knowledge of my rashness and precipitancy . § . ii. thus far mr. yeats word for word ; and as truly as ever any man spake : he offered also to confirm it in open court upon oath , which makes me say , that those men are unworthy , and must not expect to be believed upon their oaths , much less upon their words , who will not believe the dean of sarum , and mr. cornelius yeats of marlborough either upon their words , or upon their oaths . mr. yeats his character is no where fitter to be seen , than in the famous petition of the mayor and magistrates of marlborough to the king , presented by the hands of the lord bruce in his behalf , whose great parts and greater piety are celebrated by them , ( both to the king , and the lords commissioners , ) who have the best experience and knowledge of him . and not yet to mention those horrid and scandalous reports , which mr. yeats his bitter enemies have laboured under , and still do labour . there are not any either of his , or of the dean of sarum's enemies , who can prove so convincingly that they had not any hand in , or assent to , or connivance at , or knowledge of the most execrable murder of sir edmundbury godfrey , ( until they had it by report , ) as the said dean hath proved , and can prove , that he had no hand in , or assent to , or connivance at , or knowledge of , mr. yeats his project of the four articles , until he was informed of it by the lord bishop of sarum , and by the chapter of the same , in a letter from mr. frome . for sir edm. godfrey being dead , can attest nothing on their behalf ; and they have nothing but their own oaths whereby to clear their own innocence , to which they have forfeited all belief with considering men . but mr. yeats is still living to clear the dean of sarum upon his oath , the which he offered in open court , and will be ever ready to take , and who will ever find belief from all who are acquainted with his unblameable conversation , which will every where have credit , where his enemies have none . nor hath he , or the dean of sarum any enemies they know of , who are not enemies at the same time , both to god , and the king , and the church of england . 't is the nature of christian charity , not to suspect others hastily , of any ill thing which it abhors ; whilst they who are wont to do injuries , suspect others of the like . nothing hitherto can be said to clear the regular and episcopal clergy from a suspition of being papists , or popishly affected , with the whole dissenting and schismatical party ; and they who suspected , or rather pretended to suspect the dean of sarum of a plot to deprive the bishop of a right to give prebends , even immediately after the bishop had promised a prebend to the dean's son , ( of his own accord , and undesired , which added most of all to the obligation , ) are like those most malitious , and unexcusable fanaticks , who pretended to suspect the king himself , not only of contriving the fire of london , but also of being in the plot against his own life and kingdom . see the excellent address to all the freeholders and freemen of england ; part . . pag. , and . and part . . pag. , , , . § . . but now suppose the dean of sarum had not only permitted , but perswaded mr. yeats and the magistrates of marlborough , to apply themselves unto the king for a prebend of sarum , and to plead , that the supremacy of right to give prebends is in the king , from whose original right , the bishops right to give them is but derivative , ( and therefore only a good and undoubted right , because derived from the crown , ) he had not abjured the doing of it , but rather had owned it with ambition . the only reason why he denies it , is because it is a lye ; and because he is a lover of truth and justice ; and because he will not willingly fully the merit of his obedience to the very express commands of the lords commissioners ; who finding him averse from his being a voluntier , were therefore pleased to press him for his majesties service , wherein he had not been else employed . § . . in compliance with the said order and peremptory command of the lords commissioners , ( to which no churchman could refuse to pay obedience , ) the dean of sarum drew up a narrative of matters of fact ▪ which he had found in old registers ; wherein he took occasion to censure mr. yeats , § . . and to assert the lord bishop of sarum's right to dispose of dignities , sub-dignities and prebends at large , § . . as well as the right of the dean singly , together with the rights of dean and chapter in conjunction . and all upon the same principle or ground , on which he humbly did conceive the several rights were all held : he did conceive , that all rights are either subordinate or supream : he thought it dangerous to assert the subjects rights to be supream , and therefore called them subordinate : and lastly , he thought their rights the firmer , for being derived from , and depending on , and standing upon so sure a bottom as the supream . he shew'd what our monarchs had done de facto in and over the church of sarum , which was not to reveal a secret ; for some of the alienations of several prebends , and one archdeaconry , from that church , are publickly written in letters of gold on the several stalls , and exposed to the reading of all mankind . but whether such alienations were , or could be de iure , the said dean left humbly to the consideration of his superiors . what more or less could have been said to that purpose , by any of the chapter , or by them all , or by my lord bishop himself , if either of them had been so commanded to speak his knowledge , or his sense , as the dean of sarum was , they themselves can best tell ; but the dean of sarum is yet to learn. § . . one thing is fit to be considered by those pretenders to a suspicion of persons more credible than themselves ; which suspicion 't is thought they have not , and cannot have in good earnest , against the evidence and conviction they have several times met with ; if at least they have faith and charity , and do really believe there is a god , and a devil , and heaven and hell. suppose that two of their number shall be pretended to be suspected of two grand crimes , the one of simony , and the other of incest ; and that the whispers of those suspicions shall be disseminated and spread into publick fame . will not those persons be glad to be allowed to prove the negative upon their oaths ? will they not take it extreamly ill , to get no more by their vindication , than to have the fame of perjury , superadded to the suspicions both of simony , and incest ? will they not expostulate , si accusasse suffecerit , quis erit innocuus ? will they not probably break out into the learned diatribist's exclamation , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ! they cannot hope to be believed upon their own single oaths , who dare pretend not to believe honester men upon their double ones . besides that simony and incest will be accounted more scandalous , even by the whigs in these worst of times , than to be zealous for the king 's rights , or to obey the lords commissioners . and therefore , if the inventers of silly jealousies and lyes , shall at any time chance to suffer the heinous things which they have done , they will learn for the future to deal with their neighbours and their friends , as they would that their enemies should deal with them. part of mr. cornelius yeats his letter to a person of great honour , an eminent officer at court , and afterwards to another of lesser quality ; giving an account of his undertaking , after the petition of the mayor and magistrates of marlborough to the king in his behalf . besides my appearing for the king's prerogative and right , which was a principal motive to this so strange attempt of mine , i had likewise two other inducements , which i hope may in some measure take off the blame , and very tolerably account for a procedure of this nature . the one , that the bishop of sarum some years since voluntarily promised , and that with repeated asseverations , ( i do not say the next prebend , but ) whatever lay in his power to do for me ; though being since that time , again and again requested by me , and by many others , ( not considerable persons ) on my behalf , at what time there were vacant prebends many in one year , yet he never did any thing towards the augmentation of my poor maintenance : so that indeed i was weary of depending any longer upon complements . next , i did but follow ( as i was led , ) the bishops own example ; for having observed , that his lordship applyed himself to the king for a royal mandate , whereby to over rule the dean and chapter of sarum to praeelect his nephew mr. seth ward into the next place of residence which should be void , ( the only good thing which is in the gift of the dean and chapter , when the king does not oppose his original right to their derivative , ) i thought i might with greater reason apply my self ( in such a way as i did , viz. by asserting the kings original right , ) to obtain from his majesty a prebend at large of a lesser value ( not the only good thing in the bishops gift , by a derivative right , whereof the original is in the king , ) because that nephew had been before provided for by two uncle-bishops , with as much as would have served five or six worthy men , and did not want an augmentation ; as i evidently did ; nor was his task so great , as mine is very well known to have always been ; nor did his uncle want things in his particular disposal , as most of my patrons did , and do ; nor had the bishop more right derivative to bestow a prebend at large , than the dean and chapter to bestow the places of residence : and his lordships applying himself to the king for such a canonry was ( accoring to the rules of all the logick that i ever have been acquainted with ) a confession of his iudgment , that all promotions in the cathedral church of sarum are in the king by an original right , though by a derivative in the bishop partly , and partly in the dean and chapter ; and truly sir , i had a fairer opinion of his lordship than to think he would blame that in me , which he approved of in himself : nor did i imagine , but that a poor vicar might beg what he wanted of his king , as well as a great and rich bishop , who wanted nothing . sir , i have here freely and fully discovered the very sense and thoughts of my heart to you , and do humbly hope , that i may from you at least obtain a merciful and candid opinion of my proceedings . but i am afraid i have wearied you with the unusual length of this letter ; i am sure i have wearied my self in writing it , having already preached twice this day , and being also to prepare another sermon at a funeral to morrow night , which may serve to excuse what slips may have here fallen from my pen. i hope i shall always deport my self , as become him who is your most , &c. part of mr. yeats his letter of dec. . . to the lord bishop of sarum , in vindication of the dean . my lord , no person can be more highly displeased with me , than i am with my self , for having ( under the impatience of some disappointments ) attempted a thing so far above my reach in that paper delivered to the lords commissioners ; especially since i find , that hereby i have not only provoked your lordship , but also my worthy patron the dean of sarum , ( once my friend , but now i fear made my enemy , ) as being hereby wrongfully drawn under the most unjust suspicion of his having been privy to my design : when as the truth is , ( which merely to do him right i think my self bound to declare , and if your lordship require , i will affirm it upon oath , ) he had no hand in , or knowledge of , those informations , nor ( as i verily do believe ) of any my proceedings thereabout , till my letter to him at canterbury in nov. last , which he answered with sharp reproofs , and a declaration of his absolute refusal to assist me in any thing , or to deliver what he might know of that matter : so that i was forced ( seeing my self summoned into your lordships consistory ) to use my utmost endeavours with all my friends , to procure a peremptory command to him from the lords commissioners , which i hear is now sent ; but with what effect i do not as yet understand ; only that it hath brought him to white-hall . besides , my lord , the thing speaks it self . articles so unskilfully penned , and with so many disadvantages to the cause undertaken , can never be supposed to have been drawn up by his advice , or so much as connivance , or permission , &c. this is all of that letter wherein the dean is concerned . finis . connubium regiae praerogativae , cum magnâ chartâ anglorum . an compositio ( quae vulgo dicitur ) à papa romano confirmata , a d. . ecclesiae sarum fundamenta convellat penitus evertatque , an cum ijsdem nequaquam pugnet , quae sequuntur perlecturis liquidò admodum constabit . § . . osmundi charta in ipsa fundatione edita , ac a sigillo regis willielmi communita , b ex cujus dono & concessu de dominio suo regali tam in ecclesiis quam in terris , ecclesia cathedralis sarum originem duxit & incrementum , inter caetera , haec habet . dignitas c est decani , & omnium canonicorum , ut episcopo in nullo respondeant nisi in capitulo , & judicio tantum capituli pareant . habeant etiam curiam suam in omnibus praebendis suis , & dignitatem archidiaconi ubicunque praebendae fuerint assignatae in parochia nostra , sive in ecclesiis , vel decimis , vel terris . ita quidem quòd nulla omnino exigentia , in dono vel in assisa , aut aliqua alia consuetudine , ab episcopo , vel a quolibet alio fiat in praebendis eorum ; sed omnes libertates & omnes dignitates plenarie & pacifice habeant , quas ego osmundus episcopus in eisdem praebendis habui , aut aliquis alius , cum eas in nostro dominio haberemus . quando verò aliquis constituitur canonicus , debet coram fratribus in capitulo jurare , praesente evangelio , se dignitates & consuetudines ecclesiae sarum inviolabiliter observaturum . decanus omnibus canonicis , & omnibus vicarijs praeest , quoad regimen animarum & correctionem morum . testes sunt hi ; willielmus rex anglorum , thomas archiepiscopus , & alij multi episcopi . § . . virtute hujus exemptionis fundamentalis , à regibus angliae per d chartas suas confirmatae , decanus solus cum capitulo statuta authentica e confecit , quae episcopi deinde cum decanis & capitalis assistentibus conjuncti , grata & rata habuerunt . hujus rei sunt exemplis richardus poor , cùm adhuc esset decanus sarum , a. d. . nec non petrus de sabaudia a. d. . episcopis tunc temporum nequaquam adhibitis in concilium . denique rex henricus tertius in charta sua apud f dugdallum , translationem ecclesiae sarum de castro suo saresberiae , &c. ratam habuit , & canonicis ejusdem ecclesiae & hominibus suis omnes libertates & liberas consuetudines quas habuerunt temporibus praedecessorum suorum , &c. sicut cartae ipsorum testantur . § . . inde est quod decanus ( non episcopus ) ab ipsis episcopis declaratur f immediatus loci ordinarius . testamenta decano sunt insinuanda , bona tam in clauso sarum quam in praebendis sequestrari possunt per decanum . admissus canonicus per decanum , vel per ejus locum-tenentem , h jurabit , quod exit obediens decano . g dominus decanus , seu alius ab eo missus visitationem faciet , errata corriget , — correctionis stimulum apponet , dispersa recollige● , &c. — et ad libitum ipsius , unius diei procurationem laute recipiet . § . . jurisdictionis decanalis in clauso sarum mature habita contemplatione , aegidius brideport episcopus sarum integerrimus ( is qui ecclesiam cathedralem consecravit dedicavitque ) omne jus jurisdicendi visitandive in clauso sarum , sibi suisque successoribus ex tote corde abjudicat ; idem jus decano sarum disertè asserit vendicatque ; visitationem designatam ex certa conscientia retrectat illico , damnatque ; nec non in omnem rei memoriam , dictus praesul 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( ceu cygneam probitatis pietatisque suae vocem ) seris posteris infra scriptam dulcissimè canit palinodiam . i ☞ universis h christi fidelibus praesentes literas visuris vel audituris aegidius dei patientia sarum ecclesiae minister humilis salutem in domino sempiternam . cùm nos visita tionem faciendam in capitulo nostro sarum tàm in capite quàm in membris dicimur demandasse ; ad certam & . plenariam deliberationem supra his revertentes ; . inspectis institutis beati osmundi sarum ecclesiae fundatoris , & . libertatibus & immunitatibus quas idem fundator in dicta ecclesia stabilivit ; . consideratis consuetuetudinibus quibus sarum ecclesia usque ad nostra tempora regebatur & usa fuit , tam temporibus vacationis quàm sedis ordinatae ; . intellecto etiam quòd nullus antecessorum nostrorum hujusmodi visitationen exercuerit , nec demandaverit ; nos dictum mandatum sub quocunque genere verborum factum ex certa conscientia penitùs . revocamus , & ex ulteriùs ob id quicquid sequitur . pronunciamus , & . decernimus non valere . . protestantes , & . statuentes , pro nobis , & successoribus nostris episcopis in ecclesia sarum , quantum ad nos pertinet , quod dictum capitulum sarum , tam in parsonis canonicis , vicariis , rebus , & familiis ipsorum , tam in clauso sarum , quàm in praebendis sarum ecclesiae , a visitatione episcoporum sarum perpetuis temporibus existunt . liberi , & immunes . maximè cùm hoc ad decani . officium & dignitatem ipsius statuimus pertinere . praeterea vacantes vicarias praebendarum sarum & ordinationes ipsorum tam in taxationibus faciendis , quàm in parsonis praesentandis , admittendis , & instituendis , simul & correctiones vicariorum praebendarum , nec non & ipsorum vicariorum qui in ecclesia cathedrali deserviunt , plene . & totaliter ad dictum decanum & capitulum . recognoscimus pertinere ; . absque omni iurisdictione & potestate episcoporum sarum pro tempore existentium . . salvis nobis & successoribus nostris praesentationibus vicariorum per canonicos praebendarum faciendis in nostris duntaxat maneriis . in hujus rei fidem praesentes literas sigillo nostro fecimus communiri . dat sarum die martis proximè post festum sancti michaelis anno domini millesimo ducentesimo sexagesimo secundo . hujus chartae confirmatio per decanum & capitulum capitulariter congregatos in haec verba sequitur . omnibus christi fidelibus praesentes literas inspecturis vel audituris r. decanus & capitulum ecclesiae sarum salutem in domino . sempiternam . cartam venerabilis patris aegidij dei gratia sarum episcopi inspeximus in haec verba . [ universis christi fidelibus , &c. ut suprà . ] nos igitur proescriptas revocationes , pronuntiationes , & decreta , protestationes , recognitiones , & statuta habentes & grata , unanimi consensu ea duximus confirmanda . et ad majorem rei fidem & firmitatem , sigilli nostri communis impressione praesens scriptum duximus roborandum . hiis testibus , domino [ roberto de i hartforde ] decano sarum . domino r. de hengam cancellario . domino r. de warmill thesaurario . domino simone archidiacono berks. domino nicolao archidiacono sarum . johanne subdecano . d. waltero succentore . nicolao longespe . d. waltero de merton . d. martino de halebury . roberto deswood . rho. de ripton . roberto foliat , & aliis . dat. sarum die mercurii prox . post festum s. michaelis a. d. . § . . porrò in registro vocato hemings by conceptis verbis sic scriptum legimus . huc usque visum non extitit , quod alius quam decanus sarum offlcium visitationis exercuit in praebendarios , fol. . constabat enim ex statuto richardi poor , quod k quandocunque facienda fuerit generalis convocatio canonicorum , tradet decanus literas vicariis canonicorum vocandorum , & injungent iis in virtute obedientiae , quod dominis suis transmittant ad praebendas , a quibus sumptus propter hoc faciendos percipiant . neque aliter hoc fiebat , quàm per mandatum dccani , . in registro corf . p. . & in coman . p. . a. d. . & in pountney p. , . a. d. . § . . notatu dignissima est l querela archiepiscopo cant. oblata contra radulphum ergham episcopum sarum visitatorem praebendas decanatu vacante circa an. . ex parte praesidentis & capituli . infra castrum domini regis , & in ipsius solo , ( nullatenus episcopi sarum , ) primitùs extitit fundata ecclesia , ut libera capella , ejus , ab omni iurisdictione dioecesani exempta ; plena libertate , more aliarum regiarum capellarum angliae , gauderet . quam beatus osmundus , tunc sarum episcopus , consensu willielmi regis patroni praedicti tunc praesentis , solenniter de certis praebendis fundavit , ac canonicas dignitates & officia primus constituit in eadem . ac per sua statuta in ipsa fundatione edita , de consensu ejusdem regis ecclesiae patroni , tam deeanum quàm canonicos sarum omnes & ab omni iurisdictione episcopi sarum exemit totaliter in haecverba . [ dignitas est decani & omnium canonicorum , ut episcopo in nullo respondeant , &c. ut suprà § . . p. . ] — ac omnes libertates & dignitates , quas idem osmundus in dictis praebendis habuit . item translata est ecclesia à dicta castro per rlchardum episcopum de consensu & licentia regis angliae patroni ejusdem cum omnibus suis dignitatibus , libertatibus , statutis , exemptionibus , & consuetudinibus , autoritate apostolica . — ad dictas etiam ordinationes , consuetudines , libertates , ac dignitates fideliter tenendas , & inviolabiliter observandas , episcopi , decani , & canonici sarum praebendarii , qui pro tempore fuerunt & sunt , eorum temporibus successivis , omnes & singuli juramentis corporalibus ad sancta evangelia praestitis , realiter fuerunt & sunt astricti . verum quòd ( reverendissime pater ) post & contra omnia praemissa , reverendus in christo pater & dominus radulphus dei gratia sarum episcopus sciens se ad praemissa omnia & singula sui juramenti debito observanda , ut praedicitur , obligatum fore & esse , praebendas nostras nonnullas de facto , cum de fundationis statutis & consuetudinibus praetactis non deberet , visitavit , & pet alios visitare fecit , & mandavit , & à quibusdam canonicis & vicariis canonicorum in praebendis , decanatu sarum vacante , asserens eos subditos suos immediatos , cum non erant , neque sunt , obedientiam juratoriam extorsit injuste , & nonnulla alia gravamina circa praemissa dicto capitulo & praebendariis , decanatu hujusmodi vacante , intulit , & inferre minatur . placeat igitur eidem paternitati vestrae , intuitu charitatis , taliter interponere partes vestras , ut dictus dominus episcopus sarum omnia praemissa illicite attemptata , & praecipue visitationem , sic ut praemittitur , decanatu vacante , de facto inchoatam , pro salute animae suae revocet , & praefatum capitulum & praebendarios omnes & singulos , commodo fundationis & liberatatem statutorum & consuetudinum praehabitarum liberè gaudere , & in solidum exercere , quoad omnia praemissia , et in pace permittat in futurum . post hanc factam apellationem & querelam , ita praefatus archiepiscopus ( simon sudbury ) partes suas interposuit , ut radulpho episcopo visitatione attemptata interdixerit ; & deinceps ecclesia sarum usque ad tempora atque tyrannidem bonifacii noni 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 beneficio fundationis gavisa sit . § . . pari modo provisum fuerat à reverendissimo bonifacio archiepiscopo cantuariensi ( ex nobilissima nascendi prosapia oriundo ) de libertatibus decani & canonicorum ecclesiae sarum . n maxime quantum ad ltbertates , instituta , & statuta , quae beatus osmundus & successores sui in eadem ecclesia statuerunt & concesserunt . iurabit etiam [ officialis archiepiscopi ] coram canonicis in civitate sarum praesentibus , quod libertates & consuetudines ecclesiae sarum pro posse suo in omnibus officium suum & iurisdictionem suam tangentibus servabit illaesas , & quod fidelis erit ecclesiae sarum , & in executione iurisdictionis fideliter se habebit , ut superius est expressum . acta est autem ordinatio verè metropolitana a. d. . praesentibus waltero dei gratia wigorn. episcopo . thoma de cantelupo d. decano . d. cancellario & thesaurario sarum . waltero scamell , galfrido de mileburn canonicis sarum , & post alios complures testes ; in plenius rei testimonium & munimen , praesenti instrumento in modum chirographi confecto sigilla nostra alternatim apposuimus . et ut praesens compositio firmior habeatur , prior & capitulum cant ' ipsam expresso ratificantes consensu , presens instrumentum sigilli sui munimine roborarunt . § . . neque aliter res stetit dum cardinalis o raimundus decanus sarum audiebat , & cardinalis arnoldus ejusdem ecclesiae thesaurarius . uterque a. d. . his horumque successoribus salvae semper & integrae libertates praedictae permanserunt . tandem vero compositio 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , non in alium duntaxat sensum , verum etiam in contrarium confecta est , quam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( proh dolor ! ) vocare licet . inde enim videtur ingens malorum ilias effluxisse . inde regum decreta contemptim habita . inde osmundi nec institutio , nec execratio aut cordi aut curae est . inde statuta ( nomine tenus ) sibi invicem adversantia , ab episcopis , decanis , & capitulis sarum emanarunt . spretis legibus anglicanis jam p tum latis fixisque ; & in super habita magna charta , ut ut per acta parliamentorum ( triginta ad minimum ) corroborata , ipsa praefatas immunitates ab osmundo fundatas q sub ultima poena corroborante . § . . summatim dico . quod episcopo aegidio ejusque antecessoribus nequaquam licuit per iuramentum , per statutum fundationis , per consuetudinem ecclesiae , per magnam chartam totius angliae compluribus actis parliamentorum confirmatam ; qui fieri potest , ut ejusdem aegidii successoribus ( non obstantibus praemissis ) id ipsum liceat ? quaecunque dedit , dedit s libere osmundus , ita nimirum prout ipse eadem obtinuerat a domino rege willielmo . concessitque libertates quas t ipse habuit in praebendis , cum adhuc in suo domino essent . et coronidis loco edixit — u quisquis haec pervertere voluerit , perpetuo anathematizetur . quod anathema reformidas episcopus sarum iohannes w iewel , existimavit statuitque , non tantummodo consensu , sed et rogatu suorum fratrum , ( ab eodem anathemate sibi pariter metuentium ) ☞ veterem constitutionem antecessoris sui osmundi in integrum esse restituendam . § . . praemissis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hoc unum addo ; quòd sicut papa honorius tertius non approbavit translationem ecclesiae sarum de castro regis ad locum inferiorem , nisi clausula hac addita apostolicis literis inserta , x [ salvis ipsius ecclesiae sarum privilegiis , dignitatibus , & consuetudinibus , ] ita bonifacius nonus non omnino confirmavit ipsam compositionem toties à nobis decantatam , nisi solenniter interposita hac notabili cautione & conditione insignissima , y [ visitatione & iurisdictione decanali in . omnibus & per . omnia , decano & successoribus suis . semper salvis . ] si in omnibus , tum in clauso , cujus decanus est ordinarius in confesso . si per omnia . tum per ecclesiam , quae pars est clausi eminentissima . denique si semper , tum in quolibet septennio , & de septennio in septennium , sed non duntaxat . hinc aut probatur decanum eximi ab omni visitatione episcopali in ecclesia & clauso , aperta vi & virtute ipsius compositionis , aut ipsam compositionem sibi ipsi repugnare ; contra se ipsam militare ; gravissime propriis perire pennis ; & si homerico hemestichio hic uti liceat , — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 — § . . in the statute of edw. . a. d. ▪ in confirmation of magna charta z all things done and judgments given contrary to the points of the said charter , shall be undone , and holden for nought . cap. . the said charter is to be sent under the king's seal to cathedral churches throughout the realm , there to remain , and is to be read before the people two times by the year . cap. . ( with which compare coke inst. . parag. . ) all archbishops and bishops shall pronounce the sentence of excommunication against all those that by word , deed , or counsel , do contrary to the aforesaid charter , or in any point break or undo it . and the said curses twice a year are to be denounced and published by the prelates aforesaid . and if the same prelates , or any of them , be remiss in the denuntiation of the said sentences , the archbishops of canterbury and york for the time being , shall compel and distrain them to the execution of their duties in form aforesaid , cap. . this is over and above the curse of osmund . § . . in the statute of rich. . cap. . the pope's assumings then in england are said to have a tendency to the open disherison of the crown , and destruction of our lord the king , his law , and all his realm , if remedy be not provided . for want of which remedy then made , 't is there added , that ) the laws and statutes of the realm would be avoided at the pope's will , in perpetual destruction of the soveraignty of the king our lord , his crown , his regality , and of all his realm , which god defend . this repeated assertion of the then house of commons ( § . . ) was assented to , and repeated twice by the then house of lord ( § . . ) , and all in reference to pope boniface the th , who then presumed to intermeddle in the cathedral church of sarum , and took upon him to authorize the composition there made , even the very same year wherein the said statute was made against him . unto which papal authorization king richard ii. did either consent , or he did not . if he did not , the pope hely'd him : if he did , he therein acted to the open disherison of his crown , and contributed too much to his deposition . the sum and upshot of the difference between the bishop and dean of sarum , is briefly this , if there is any . the dean is of opinion , that the king and the bishop have both a right to give prebends , with this distinction . the king 's right to give them is original and supreme ; the bishop's right to give them is derivative and subordinate . of this distinction his lordship does , or does not allow . if he does , his lordship is of the dean's mind , and the difference is at an end : if he does not , the dean wonders at it ; and the more , because the greatest of lawyers , and the greatest of divines , do all agree in the said distinction . which is proved in the first chapter of the dean's vindication of the king 's sovereign rights . and all besides that , may stand or fall with that distinction ; or be as if it had never been . an index to this book . aaron , page abbendone , edmund de , page abendon , richard de , page — william de , page , abingdon , john de , page — william de , page abney , john , page abbot , robert , page abraham , page abyndon , john de , page adam , page , addison , lancelot , page adelelmus , page aermyn , richard de , page aiscough , william , page akkeburne , lawrence de , page st. albano , elias de , page alchmund , page alcock , john , page alchorn , edward , page aldhelm , page alexander , page alfar , page alfius , page allfftan , page alfred , page alfrick , page alfwold , page allix , peter , page alleston , robert de , page alnewyke , william , page albert , joseph , page andrews , nicholas , page andrew , ric. page , arche , richard , page arena , andreas ammonius de , page arundel , francis , page ... john , page , ashley , anne , page ... francis , page ibid. ... gabriel , page ibid. ... gertrude , page ... margaret , page , asser , .... page atwater , william , page atwood , thomas , page aubrey , thomas , page st. aubyn , anne , page audley , edmund , page ... richard , page ... robert , page axford , john , page ... margery , page ... mary , page , ayleston , robert , page , , ayscough , robert , page , , ... william , page ibid. b. baber , benjamin , page ... elizabeth , page ibid. babyngton , henry , page backs , peter , page , bailul , josceline de , page bainbridge , christopher , page , , balgay , nicholas , page , baldock , robert de , page baldwin , ... page banqueto , william raymond , page barbo , peter , page bardus , adrian de page barford , tho. page barkesdale , william , page barlow , william , page barnaby , jeremy , page ... john , page barne , john , page barnes , bartholomew , page ... hesther , page ... robert , page barnston , j. page ... mary page basing , richards page bassingborne , humphrey de , page bates , roger , page bath , abbey church of , page ... library , page , bave , hesther , page ... john , page bauf , samuel , page , baylie , richard , page , beach , edmund de la , page beard , william , page beauchamp , richard , page beaufort , henry , page beaumont , robert , page beck , thomas de , page belingham , edmund , page ... john , page bello , richard de , page bellomont , lewis de , page bellot , renatus , page ... thomas , page bennet , patience , page .... william , page .... walter , page , .... william , page bere , john de la , page berghes , william de , page bertrard , .... page bevile , elizabeth , page bicovil , william , page bigge , john , page billesdon , nicholas , page bilson , leonard , page bingham , robert de , page bird , elizabeth , page birkhead , daniel , page bisse , robert , page bishopston , henry de , page blackborow , frances , page blanchard , james , page , blithe , daniel , page bluntesdon , henry , page , .... robert , page blythe , godfrey , page , .... john , page , bocton , thomas de , page bone , robert , page bosco , william de , page boteler , thomas , page bottiler , thomas , page bourchier , james , page .... thomas , page bowles , john , page bowre , robert , page bowsheld , thomas , page boxall , john , page boxton , thomas de , page boy , bishop of the choristers , page , , , , &c. bradbridge , augustin , page .... william , page , brandeston , henry de , page , , braybrooke , robert , page bremsgrove , john , page brent , thomas , page brereworth , stephen , page bretton , thomas , page brewer , lydia , page .... thomas , page , brideoake , ralph , page bridges , john , page bridport , giles de , page , .... simon , page , brightwell , ralph de , page brither , henry , page brithrick , .... page brithwin , .... page ibid. brithwold , .... page bromwich , james , page , browne , thomas , page , brygon , william , page bubbewith , nicholas , page , , .... thomas , page buckingham , william de , page buckno , william , page budden , john , page burbach , thomas , page burbank , william , page burchet , thomasina , page burd , william , page burdon , walter , page burnell , william , page ibid. burnet , gilbert , page burton , john de , page burton , john , page burwardescot , roger de , page bury , richard de , page bush , anne , page .... john , page ibid. .... judith , page bushell , agatha , page .... edward , page , .... john , page .... susan , page .... tobias , page c. camden , william , page campegius , lawrence , page capella , stephen de , page carew , george , page , , carne , berkeley , page .... mary , page ibid. carpenter , henry , page carr , edward , page carse , john , page carsidony , anthony , page cartwright , william , page case , john , page cassineto , william ruffatus de , page castell , john , page , castleton , philip , page caunton , richard , page cergeaux , michael , page chabaum , thomas de , page chadderton , edmund , page chaddleshount , william de , page chambers , john , page , , chambre , john de la , page chapman , anne , page .... george , page .... john , page .... peter , page .... richard , page .... robert , page .... susannah , page ibid. .... william , page , chappell , john , page chaundeler , john , page , , chaundler , richard , page , chedworth , john , page , , , , cheston , stephen , page cheyne , edward , page chichele , henry , page , , , chichester , john , page .... robert , page chickwell , robert , page child , william , page childrey , joshuah , page , chillingworth , william , page chittern , john , page , , clarke , roger , page clayton , richard , page clement , vincent , page clerk , thomas , page cleyton , richard , page cloterbooke , giles , page .... rachel , page clowne , richard de , page clungeon , elizabeth , page cobham , thomas , page . cockerell , edmund , page . codeford , philip , page . .... john de , page . .... ralph de , page . coldwell , thomas , page . cole , henry , page . .... thomas , page . coles , dolly , page . .... dorothy , page . ibid. .... margaret , page . .... william , page . ibid. collibee , edward , page . collins , susannah maria , page . colman , anne , page . .... edward , page . .... elleonora , page . .... frederick page . ibid. coleshull , william de , page . colet , john , page . combes , sarah , page . cooke , mary , page . cooth , john , page . corbet , richard , page . corner , william de , page . coryndon , john , page . cotterell , john , page . , cottington , dorothy , page . cotton , henry , page . , , , , coveney , thomas , page . coverham , abraham , page . court , mary à , page . courtney , peter , page . , , cranfeild , edward , page . craven , sir robert , page . crawley , thomas , page . crayford , john , page . , , , creed , william , page . , creting , william , page . crew , philip , page . crofts , herbert , page . crull , robert , page . crump , thomas , page . , culpepper , martin , page . curll , walter , page . curteys , john , page . cusacke , robert , page . d. daniel , nicholas , page . davenant , edward , page . , , , ... john , page . , , davison , john , page . dauntsey , dr. john , page . davie , henry , page . davyson , john , page . deane , henry , page . deel , francis , page . denefrith , .... page . denys , anthony , page . derby , john , page . dilworth , thomas , page . , dogett , john , page . domerham , nicholas , page . dove , francis , page . douglass , anne , page . .... charles page . ibid. dowke , john , page . d'oyly , edmund , page . drake , john , page . .... margaret , page . .... richard , page . , , , drokensford , john de , page . druce , alice , page . .... richard , page . ibid. duck , john. page . dudley , richard , page . .... william , page . duke , james , page . .... mary , page . duppa , bryan , page . , durell , john , page . dyer , elizabeth , page . .... genevera , page . e. ealshstan , .... page . earle , john , page . , eboraco , radulphus de , page . , eborard , ... page . st. edmunds , church in salisbury , page . edmunds , john , page . eedes , richard , page . effington , thomas , page . elmar , .... page . elwold , ... page . ibid. ely , thomas , page . elyon , william , page . elyot , robert , page . ellyott , william , page . embleburne , thomas , page . emwell , john , page . ergham , ralph de , page . erghum , ralph , page . ernele , walter , page . estmond , john , page . ethelbald , ... page . etheleage , ... page . ibid. ethelnold , ... page . ethelricke , .... page . ethelsius , .... page . ibid. ethelstane , .... page . ethelward , ... page . evans , anne , page . .... lewis , page . eustachius , .... page . ewre , william , page . eyre , sir william , page . eyton , james , page . f. fargis , betrand de page . farley , william page . farmer , edward page . feak , john page . ferdinandus , gondesalvus page . finch , anne page . , ... edward page . , , fi●er , samuel page . flower , alice page . .... george page . .... john page . fodering , william de page . foliot , hugh page . ford , jane , page . .... john , page . ibid. fordhere , .... page . fotherby , martin , page . fountney , john , page . fox , edward , page . ..... john , page . , .... richard , page . , frampton , mary , page . , ... robert , page . frank , thomas , page . freke , edmund , page . frome , jane , page . frowde , sir philip , page . , fullborne , william , page . fuller , john , page . .... nicholas page . .... thomas page . , g gandavo , iswyn de , page . , .... simon de , page . ganstead , simon , page . gandy , john , page . garbrand , john , page . , , gardiner , dorothy , page . ... francisca , page . ibid. ... james , page . ... margaret , page . ... thomas , page . ibid. garrard , edward , page . .... elizabeth , page . ibid. .... florentia , page . geddes , michael , page . geldewin , savaricus fitz , page . ibid. geoffrey , william , page . geoffry , .... page . , geraldus , page . geste , edmund , page . gheaste edmund , page . gibbes , walter page . gilberd , robert , page . giliis , silas de , page . gilbert , robert , page . glanvill , joseph , page . glass , elizabeth , page . .... william , page . ibid. glover , thomas , page . glynn , william , page . godfrey , charles , page . , godewyke , john , page . goldwell , james , page . .... john page . .... nicholas page . good , henry , page . , .... margaret page . .... marmaduke page . .... thomas page . goodwin , william , page . gordon , john , page . , , gorges , sir thomas , page . .... thomas page . goth , reymund de la , page . grace , john de la , page . grece , roger de la , page . greensil , edward , page . gregor , thomasina , page . gregory , john , page . , gresley , henry , page . grey , william , page . , grosthead , robert , page . groves , william , page . gunterius , ... page . gunthorp , john , page . , gurganny , john , page . gwynn , thomas , page . gyare , elizabeth , page . , h. hackluyt , giles , page . hadsy , gracia , page . .... john , page . hakeney , john de , page . , hales , christopher , page . hallum , robert , page . , hamilton , william , page . hanborough , henry page . harburgh , henry , page . , harda , henry de , page . harding , thomas , page . hardwick , charles littleton , page . .... edward , page . , harewell , robert , page . harris , catherine , page . .... dorothy page . .... gertrude , page . ibid. .... james , page . .... thomas . page . harrison , william , page . harwell , john , page . harvey , catherine , page . .... edward , page . hawkins , george , page . hawkyns , robert , page . .... thomas , page . hawles , anne , page . .... anthony page . .... elizabeth page . .... frances , page . .... thomas , page . hawthorne , adrian , page . hay , robert , page . hayman , richard , page . hayward , elizabeth , page . .... henry , page . ibid. .... robert , page . ibid. .... samuel , page . ibid , hearst , edward , page . .... elizabeth , page . .... margaret , page . .... mary , page . ibid. .... robert , page . .... sarah , page . .... william , page . heath , john , page . .... william , page . ibid. hedges , henry , page . hernerford , william page . henchman , eleonora , page . ..... humphrey , page . , , , , .... thomas , page . , , hennage , george , page . , henry , walter , page . henry , ..... page . , herbert , .... page . herbert , the dormitory , of the family of the earls of pembroke . page . herford , robert , page . herman .... page . hertford , edward earl of , page . , , ... richard , page . .... thomas , page . hertford , robert de , page . hernewald , ... page . herny , walter , page . heron , anne , page . heskins , thomas , page . hethcott , ralph , page . hethe , john , page . heytham , kalph de page . hicks , anne , page . .... walter , page . ibid. .... william , page . hilley , richard , page . hill , adam , page . , , .... gartrudis , page . .... marshall , page . , , .... richard , page . .... thomas , page . ........ page . hinton , john , page . .... william , page . hispania , james de , page . hobart , henry , page . hobbes , william , page . hobbs , anne , page . .... emanuel , page . hody , john , page . holes , andrew , page . holland , john , page . .... thomas , page . holles , thomas , page . hollinsworth , john , page . holmes , rebecca , page . .... richard , page . .... william , page . holt , catherine , page . .... john , page . ibid. hooker , richard , page . , horton , francis , page . , hoskyn , charles , page . .... lydia , page . ibid. hotest , thomas de , page . hotman , john , page . houghton , edward , page . .... john , page . hubert , ..... page . hulling , john , page . hulton , ralph , page . humbald , .... page . humphrey , ... page . , , hungerford , sir giles , page . ..... margaret , page . hunt , durantius , page . .... edith , page . .... thomas , page . hutchins , edward , page . hyde , alexander , page . , , , .... barbara , page . .... catherine , page . .... edward , page . .... elizabeth , page . , .... henry , page . , .... laurence , page . .... richard , page . , .... robert , page . , .... thomas , page . , , , , i. james , charles , page . ... john , page . .... thomas , page . iden , henry , page . jecock , samuel , page . jewell , john. page . , joceline , reginal fitz , page . , john , .... page . , , johnson , benjamin , page . johnston , father , page . jordan , .... page . , , joyner , robert , page . ivelcestre , adam , de , page . ivy , sir george , page . .... susannah , page . ibid. .... william , page . k keeling , jane , page . keigwin , james , page . kelsey , joseph , page . , kenion , thomas , page . kent , elizabeth , page . ... richard , page . , kenton , herbert , page . ... susannah , page . kerevil , robert de , page . key , thomas , page . keymer , gilbert , page . killingworth , john , page . king , oliver , page . kingston , anthony , page . .... r .... page . kinnamon , henry , page . kington , roger de , page . kirkeby , john de , page . kirkby , william , page . kirkham , robert , page . mr. knill , .... page . dr. kymer , .... page . kymer , gilbert , page . l. lader , anne , page . laking , nicholas de , page . lambert , anne , page . .... ruth , page . .... thomas , page . , , .... dionys , page . lancaster , thomas , page . lane , elizabeth , page . langford , charles , page . langrith , robert , page . langton , ralph , page . .... robert , page . , .... thomas , page . lapworth , edward , page . larmer , herbert , page . .... rebecca , page . lathom , paul , page . latimer , william , page . laugharne , rowland , page . laurence , giles , page . .... john , page . ibid. .... thomas , page . lawes , thomas , page . leach , thomas , page . , lee , edward , page . , .... john , page . leman , dorothy , page . lentwarden , richard , page . lenyton , edward , page . lexington , henry de , page . leyett , richard , page . leyott , richard , page . light , susannah , page . lillie , peter , page . lilly , edmund , page . lincoln , john , page . , lineden , john , page . lloyd , william page . lobenham , william de , page . lockey , thomas , page . , london , barbara , page . louthorp , george , page . lowe , hellena , page . .... john , page . loyd , roger , page . luffenham , robert , page . lulbenham , will. de , page . lundon , john , page . lupset , thomas , page . lupton , roger , page . lushington , thomas , page . luttrell , john , page . lynch , aylmer , page . .... john , page . .... stephen , page . lynewood , william , page . m. mackay , aeneas , page . mackworth , john , page . magot , richard , page . mallet , francis , page . manning , thomas , page . marshfeild , hugh , page . maplet , anne , page . , mardefeld , michael de , page . marler , thomas , page . marsh , samuel , page . marshall , george , page . martinus , francis stus page . martin , edmund , page . .... john , page . .... nicholas , page . .... richard , page . martival , roger de , page . , martyn , thomas , page . , masham , damaris , page . , mason , edmund , page . .... charles , page . .... robert , page . , .... thomas , page . masters , elizabeth , page . .... john , page . ibid. matrevars , alice , page . matthews , tobias , page . , may , francis , page . medeford , walter , page . , , , mepham , william de , page . merick , william , page . merrick , thomas , page . merton , william de , page . metford , richard , page . mews , peter , page . micham , simon de , page . middelton , gilbert de , page . , migfred , .... page . migliorveccio , james anthony , page . .... peter joseph , page . ibid. millbourne , john de , page . miphin , will de , page . , mitchell , edward , page . moleynes , adam , page . , mompesson , barbara , page . .... charles , page . .... katherine , page . ibid. .... sir richard , page . ibid. .... sir thomas , page . ibid. monte sancti sylvestri , arnoldus de , page . montacute , thomas , page . ibid. moreland , william , page . moreton , robert , page . morgan , elizabeth , page . .... meredith , page . .... richard , page . morris , stephen , page . morton , john , page . , , , morysyn , richard , page . mot , samuel , page . mottrum , adam de , page . mountague , james , page . , .... sir henry , page . mulcaster , richard , page . mullens , thomas , page . n. naish , hugh , page . nassington , william de , page . nevill , robert , page . nicholas , matthew , page . nicolls , mary , page . norman , thomas , page . normanton , william , page . , , , northborow , michael de , page . , northburgh , ralph , page . norton , john , page . , , , , noyes , nathaniel , page . o. odo , severus , page . oking robert , page . oldham , hugh , page . oliver , john , page . onslow , edward , page . osbert , .... page . osborne , william , page . osmund , .... page . osulf , .... page . ibid. overton , william , page . owen , richard , page . oxeneford , henry de , page . p. pace , richard , page . , , pade , reymund , page . paine , william , page . parker , thomas , page . parry , henry , page . ibid. .... hugh , page . pasch , thomas , page . paslew , john , page . , paseley , john , page . pate , robert , page . pays , thomas , page . pearce , dorothy , page . .... hester , page . ibid. .... john , page . .... william , page . pearson , john , page . peirce , anne , page . .... charles , page . .... elizabeth , page . , .... robert , page . , , .... susannah , page . .... thomas , page . pelling , john , page . percy , william , page . perin , christopher , page . periton , peter de , page . petow , peter , page . phelps , richard , page . phelips , robert , page . phillips , joseph , page . .... william , page . philip , .... page . pickenham , william , page . , pickering , charles , page . , piers , john , page . , pickeover , ralph , page . pinnock , john , page . pitman , alicia , page . .... edmund , page . pocock , edward , page . , , .... john , page . pole , edward , page . .... reginald , page . , pollard , john , page . , polton , thomas , page . poole , hannah , page . .... john , page . ibid. .... mary , page . ibid. .... nicholas , page . poore , herbert , page . .... richard , page . , potyn , william , page . pouldon , richard , page . powell david , page . .... edward , page . , .... susannah , page . pratty , richard , page . prentys , edward , page . preston , william de , page . priaulx , anne , page . , .... john , page . , , , . price , john , page . prior , christopher , page . proast , jonas , page . proctor , george , page . .... james , page . .... samuel , page . pye , william , page . pyle , philadelphia , page . pyper , granville , page . q. queendon , ralph de , page . querendon , ralph de , page . r. randolph , joan , page . .... robert , page . ibid. ranulfus , .... page . rashleigh , nathaniel , page . ratcliff , roger , page . rawlins , henry , page . , , , rawlinson , john , page . .... thomas , page . rawson , richard , page . raynsford , robert , page . read , innocent , page . reed , john , page . reeve , catherine , page . .... george , page . ibid. .... henry , page . .... mary , page . ibid. .... spencer , page . ibid. richard , .... page . richards , prudentia , page . .... thomas , page . ibid. ... william , page . , , ridley , mary , page . robert , .... page . , robertes , christian , page . .... francis , page . , .... jane , page . .... punchardon , page . robertson , thomas , page . robinson , charles , page . .... john , page . rochefoucauld , frederick , page . rodeburne , thomas , page . roger , ... page . , , , rogers , john , page . .... samuel , page . rope , thomas , page . rotherham , thomas , page . roucliffe , guido , page . rowthall thomas , page . ruggenhall , robert , page . russel , john , page . .... r .... page . .... william , page . ryves , john , page . , .... robert , page . s. sadler , elinor , page . , sadler , ursula , page . salernitanus , gulielmus de , page . salladin , anne , page . .... herbert , page . ibid. sall , arthur , page . salutus , boniface de , page . .... george de . page . ibid. sambrooke , elizabeth , page . .... francis , page . .... john , page . ibid. ●ampson , richard , page . sandys , milo , page . sarisburiensis , goodwin , page . sarum , roger de , page . sarum prebendal corps in that church . page . ... aulton , .. south , page . ... aulton , .. north , page . ibid. ... axford , .... page . .... bedminster & radeclyve , page . .... bedwynd , ... page . ... bedmister , .. prima , page . .. bedmister , .. secunda , page . ... bishopston , .... page . .... bytton , ... page . .... chardstock , ... page . ... cherminster & bere , page . ... chute & chesenbury , page . ... combe & harnham , page . ... durneford , .... page . ibid. ... faringdon , ... page . ... fordington & writhlington . page . ... grantham , .. north , page . ... gillingham , .. major , page . .. gillingham , .. minor , page . ... grantham , .. south , page . ... grimston & yatminster , page . ... highworth , ... page . ... horn , ... page . ... husborn & burbach , page . ... ilfracombe , ... page . ... lyme & halstock , page . ... major pars altaris , page . ... minor pars altaris , page . ... netherbury , in ecclesia , page . .... netherbury in terra , page .... netherhaven , page .... preston , page .... ramesbury , page .... roscombe , page .... rotesfen , page ... shipton subtus whichwood , page .... slape , page .... strafford , page .... stratton , page .... teynton-regis cum yalmeton , page .... torleton , page .... ulfcomb , page .... warminster , page .... winterborn-earles , page .... woodford & willsford , page .... yatminster prima , page .... yatminster secunda , page .... yatesbury , page st. barbe , francis , page .... john , page .... thomas , page saunders , anne , page .... john , page ibid. .... mary , page savoy , peter de , page .... thomas , page sayer , joseph , page sayntlesse , thomas , page sayward , john , page scammell , walter , page , , , , scarborough , edmund , page seaward , hen. page securis , thomas , page , sedgwick , john , page selby , nicholas de , page selton , william de , page serlo , .... page seward , henry , page sey , edmund , page seymore , anne , page sharpe , lionel , page .... john , page ibid. .... richard , page shaxton , nicholas , page , shellick , john , page shepley , bartholomey , page sheppard , john , page sheriff , william , page sherman , john , page sherwood , henry , page .... john , page ibid. .... mary , page ibid. shireburne , .... page sidenham , simon , page , sigelm , .... page singewike , william , page , siricius , .... page sketley , john , page skypp , john , page .... william , page sloan , william , page slye , edmund , page smedmore , johanna , page smith , andrew , page .... eleanor , page .... john , page ......... page snachenburgh , helena , page sommerhull , william , page sotwell , william de , page south , john , page southam , john , page .... thomas , page ibid. southouse , henry , page .... thomas , page sparrow , alexander , page .... anne , page spencer , edward , page .... prudentia , page ibid. spinckes , nathaniel , page sprint , john , page , , stacey , richard , page stafford , john , page , , stallworth , simon , page stanbridge , giles , page stanford , ralph , page stanley , james , page , .... mary , page stanton , richard , page staunton , thomas de , page stephen , .... page stephens , jeremy , page .... john , page stevens , thomas , page steward , richard , page stibbs , alice , page .... john , page ibid. still , john , page , stillingdon , robert , page stokesley , john , page stokys , john , page stopyngdon , john , page stratford , ralph de , page straytbarret , james , page stretton john , page stubbs , henry , page , .... john , page sudbury , simon de , page sugden , william , page sutton , henry , page , , swanton , anne , page .... dulcibella , page .... elizabeth , page , .... francis , page , , .... jane , page , , .... laurence , page .... william , page swayne , robert , page sweit , sir giles , page swindon , thomas , page swineley , christopher , page swithelm , .... page swymmer , aune , page sydenham , george , page .... simon , page sylvester , john , page symondsburgh , john , page , . t. talbott , edward , page .... william , page tanner , thomas , page tatham , robert , page taunton , richard , page taylor , john , page terrant , jeremiah , page terry , .... page teshmaker , william , page thatcher , peter , page thistlewayte , gabriel , page thomas , .... page thomson , john , page thornborough , edward , page .... giles , page thorp , john , page tichborne , michael , page tilheto , gerald de , page tingwick , nicholas , page tofte , william , page tonstall , cuthbert , page , tookie , bartholomew , page tooker , william , page tounson , margaret , page .... robert , page townsend , roger , page townson , john , page .... william , page triplet , thomas , page tryme , anne , page .... elenor , page ibid. tucker , john , page .... joseph , page turberville , anne , page , .... dawbigny , page , tutt , robert , page v. valeyns , theobald de , page vannes , peter , page , , , varesio , tydo de , page vavasour , john , page .... katherine , page vaughan , francisca , page .... frederick , page ibid. .... walter , page , vause , nicholas , page vennard , anne , page .... george , page .... mary , page .... richard , page ibid. venner , dr. tobias , page vesey , john , page .... robert , page villers , betty , page vincent , john , page ullerston , richard , page upton , nicholas , page ursinis , marinus de , page ursinus , reynald , page urswyke , christopher , page , w. wade , richard , page wakeman , richard , page .... theodore , page walden , roger , page , walesby , william , page walker , william , page waller , jane , page wallis , mary , page .... william , page ibid. wally , john , page walter , .... page walter , hubert , page waltham , john , page .... robert , page ward , seth , page , , , , , , , , , , , warlewast , robert , page warner , john , page warton , mary , page wastell , margarett , page watson , richard , page , webb , william , page , welewick , thomas de , page wellborn , john , page wenda , william de , page .... francisca , page wentworth , lady , page westby , george , page , west , richard , page .... william , page wetenhall , anne , page whitby , daniel , page , , , .... richard , page white , samuel , page .... thomas , page , , , , , whitechurch , john , page , , whitwell , francisca , page .... dulcibella , page .... jana , page wibert , .... page wickham , nicholas , page william , .... page , williams , henry , page .... john , page wilson , elizabeth , page .... stephen , page wilton , stephen , page wimundus , .... page winchelsey , john de , page winter , thomas , page , winterborne , thomas , page winton , richard de , page wise , jane , page witherig , william , page wocumb , giles de , page woodville , lionel , page , woodward , robert , page , , worth , richard de , page , .... robert de , page wotton , matthew , page wright , walter , page wyatt , thomas , page ibid. wyke , nicholas de , page wykeham , nicholas , page .... william de , page wykehampton , robert de , page , wyle , henry de la , page , , , .... nicholas de la , page .... walter de la , page , , , , wylton , william , page wyvill , robert , page , .... walter , page y. yeate , cornelius , page york , william , page , young , edward , page , , younger , john , page , z. zouch , richard , page .... william , page finis . notes, typically marginal, from the original text notes for div a -e dr. peirce dr. seth ward k. charles the d . notes for div a -e a coke instit. part. . sect. p. . b inst. part. . c ▪ . p. . c rot. parl. . ed. . n. . ibid p. . d h. . and ed. . . e inst. l. . c. . f. . . and l. . c. . sect. . p. . f dr. burnet's hist. of reformation . part. . p. . and part . p. . . g ed. . cap. . rast . wingat . sect. . h. . c. . h see the th . collect. to the st part of the hist. of refor . p. , . i coke . inst. c. . upon magna charta p. . k c. de sacrosanct . eccles. & de episc. & clericis . l coke inst. on magna charta . c. . p. . m selden . ianus anglorum . l. . c. . p. . n p. . o inst. in statutes of employment . p. . p fol. . . usque ad fol. . q regist. harw . p. . . r eadmerus l. p. . seld spic . p. . & s spond annal ad a d. . t cambden in wilt. t cambden in wilt. u view of the civil law. part . . c. . sect. . p. . w h. . c. . and eliz. c. . . . x lib. stat. ut fol. . y conc. imp. & sacr. l. . c. . art . . z coke . inst. l. . §. . and part . in stat. de westm. c. . p. . praesertim . part . c. . . a part . c. . p. . b eliz. c. . . iac. c. . c code hen. . l. . tit. . art. . c instit. l. . c. . sect. . fol. . d ed. . stat. . e of many more instances , these at present may suffice . in the letters of ch. i. may . in the th year of his reign . and feb. . the same year of ch. ii. iul. . . and ian. . . and sept. . . and mar. . . and iun. . . besides many more registred , and many which are not , but ought to be , and to have been . f coke . inst. l. . sect. . fol. . g stat. ed. . cap. . h daniel in the life of rufus . p. . i lord coke out of the parliament rolls . h. . k v. cottoni posthuma , p. . . l hist. of the rights of princes , in disposing of church lands and eccl. promotions . p. . m guiccard in . hist l. . n regist. ex annal . pontif. fol . o this in scriptis was the assertion of the present bishop of sarum dr. ward 's , in answer to the dean's narrative , p hist. reform . part . lib. . p. . , , & . q part. . c. . sect. . p. . r bishop god win in his account of rich. poor . p. . & spondanus supra . s the established church . c. . p. . &c. t edw. . stat. . u coke inst. part. . upon magna charta c. . p . where fleta , bracton , glanvil and others are cited by him . w see bishop sanderson's said book , especially pag. . . to pag. . . &c. x in ibid. p. where bishop sanderson cites the statute of ed. . and makes an wholesom use of it , p. , which compare with eliz. c. . y baronius a. d. . n. . z littleton §. ● . & coke upon him . p. . a pa●lo scarpi , ubi supra . n. . pag. . b stat. . elizab. . c coke . inst. l. . fol. . d westm. . . & . ed. . wing . p. . e coke ubi supra inst. p. . f inst. l. . sect. . & stat. de westm. c. . p. . h coke . inst. l. . c. . sect. . f. . — a. and f. . i inst. c. . p. . i inst. c. . p. . k . eliz. c. . § . ( g ) eus● in vita constantini , l. . c. . l paulus scarpius ubi supra . n. . . . tancredus and lindwood provin . l. . tit. . pag. . . m w. malm. hist. nov . l. . sub initium . flor. wig. ad an. . hoveden ad eundem . an. daniel in the life of rufus . p. . eadmer . p. . & . n cambden in wilt. calls them all the states of england and saith that of every penny of the d. penny of sarum the king had . s. o to whom add daniel , p. . a good historian , tho' not an old one . p a. d. . dan in his life . p. . q eadmer p. . flor. wigorn. & rog. hoved. ad an . . r w. malm. de pontif. l. . f. . — b. s daniel in king stephen . p. . t camden in wilt. u bishop godwin in roger , the d. bishop of sarum . w ego osmundus notifico , ecclesiam sarisb . me construxisse , & in ea canonicos constituisse , &c mag. char. osmundi in statut. de collatione prebendarum . f. . — b. . — a. x what is said by malmsb. f. . ( fol. . edit . london ) is not said of bishop herman , but bishop roger , who being after os mund , makes it nothing to the purpose . besides , that 't was written when roger was in greatness , and flattered for it , de gestis reg. l. . y see h. knighton , apud . bee. fol. . and bish. godwin , p. . & osmund's chartar . ubi supra . z will. . was so eminent for devotion , that 't was confessed by his haters so saith daniel in the life of will. . p. . rad. de . diceto a. d. . p. . a registr . jo. davysone . dec. a. d. . fol. . b regist. davysoni fol. . c flor. wig. a. d. . with whom agrees hoveden ; & simeon dunelmensis , and petrus blesensis cited by camden in wilt. d regist. jo. davysoni . s. . — a. &c. inter gesta richardi episcopi sarum . e evidentiarum . tom. . f. . f camden in wilt. names but one or two bishops , whoever had it , but a long train of earles , who had part of the old castle for a dwelling house a long time after the removal of the cathedral & townsmen . y de pontif. ubi supra . malm. novel . l. . z castrum comitis , ( non episcopi ) matth. paris fol. . camden in wilts . bishop god win p. . a minist●● . d. regis , b inf●a castrum domini regis . c volentes privilegium illud in perpetuá firmitate manere . burton de libertate capellarum domini regis , d judge ienkins , p. . say , 't is treason to pay obedience to the pope , or to any other than to the king. for which he cites eliz. cap. . and jac. cap. . §. , . b ed. . c. . rich. . c. . e dignitas est decani , & omnium can●nicorum , &c. e dignitas est decani , & omnium can●nicorum , &c. f ed. . cap. . §. . eliz. cap. . §. , , & eliz. cap. . ( g ) cok● . inst. l. . cap. . . h ed. . cit. praem . cap. . with which statute compare ed. . cap. . and rich. . cap. . where that king delares● against his granting any such licence as is pretended . i r. . cap. . hist. concil . trident. l. . pag. . an. . k of the acts are those of ed. . cap. . & . a. d. . & rich. . cap. . & ed. . st. . cap. . & h. . cap. . l paolo sarpi . n. . p. . m lib. statut. n that is , the conqueror himself , from whom captain osmund had all he had in the world , and did hold by knights service , or any whom ●he said osmund might have entrusted or employed . o sir t. ridley's view of the civil law , part . cap. §. . pag. , . p de septe●nio in septennium dunta●at . q fol. . . r fol. . s . t fol . u fol . w see hen. . . & hen. . . & eliz. . §. . n. i. & §. . n. . and other statutes recited eliz. cap. . x testante blacker notar. publ. f. . y st. fol. . b. z d. d. longland . harwards acts. pag. . . a dated jun. . . b from london house , may . . c h. . ed. . and q. eliz. of whose visitations the bishop had written a little before . d subaudi residentiâ . e per stat. decani richardi & capituli , à rogero de mortival episcopo confirmati . . f modò verbo dei , aut praerogativae regiae non repugnent , can. . g de finibus canonicorum ad residentiam receptorum . st. fol. , . h this is a short account of the statute at large eliz. cap. . §. , & . compared with hen. . cap. . & hen. . cap. . i stat. fol. , . bought at rome of p. boniface the ixth , . and stat. fol. , . bought of a pope and no pope , eugenius the ivth , . k see §. . l §. . m §. , n. . n e. g. those of hen. . stat. fol. , , . which compare with fol. & . and with that made lately , an. dom. . o nullus alius , praeter regem , potest habenti iurisdictionem episcopalem , demandare inquisitionem . a maxim somewhere in my lord coke . p stat. fol. , & fol. . rog. st. de test. dec. insinuandis . q st. de admissione & residentiâ canonicorum . cap. . r stat. com. fol. . s vet. charta osmundi ubi supra . t fol. . b. u fol. . . w fol. . fol. . fol. . & fol. . b. & alibi passim . x vet. regist. fol. . & antiqu. st. . & prancisc . d. bridges , p. . y stat. de m●niis clausi reparand . p. . z reg. bridg. . a ibid. pag. . & in cod. originali fol. . stat. rog. fol. . b. . b st. com. fol. . a. lib. statut. nigr. pag. . c pag. d bishop ward . notes for div a -e e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 rom. . cap. . comm : f note that this was an error in those memoirs . for the dean was alone before the conquest , and some while after without any chapter , as now the dean of the king's chappel at white-hall is . g n. b. he consulted with others , though not with the dean . notes for div a -e a dugd. mon. angl. vol . pag. . b id. ib. c lib. 〈◊〉 eccl. sar. fol. . a & b. quicum confer . c. . f. , . d v. dugd. ubi supra , & lib. stat. cap. . f , , , , e confer . praes . rogeri de mortival , cum cap. , , , , , , . f in mon. angl. vol. . p. . f in mon. angl. vol. . p. . h cap. . f. . b. g lib. stat. c. . fol. ● . i cap. . f. . a , h regist. burg. evident . tom. xi . fol , . anno . i exceptio firmat regulam in non exceptis . ibid. k lib. stat. cap. . fol. . a. d. . l regist. d. davyson , fol. . a. d. , n lib. stat eccles. sar. cap. . de ordinatione bonifac. archi●p . cant. p. . b. . a. o regist. hemingsby p. , . p praesertim rich. . c. . a. d. . q vide stat. ed. . cap. . s lib. st. c. . f. . t ibid. fol. . u c. . f. . w regist. holt. fol. . x regist. davyson f. . y lib. stat. cap. . fol . z compare the statute of rich. ii. c. . a. d. . with edw. i. a d. . aud both with the composition which made against both , . this was prefixed in writing to this piece by some one of its former readers . a royall position, whereby 'tis proved, that 'tis against the common laws of england to depose a king: or, an addition to a book, intituled, resolved upon the question: or, a question resolved concerning the right which the king hath to hull, or any other fort of place of strength for the defence of the kingdom. by peter bland of grays-inne, gent bland, peter, of gray's inne. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a royall position, whereby 'tis proved, that 'tis against the common laws of england to depose a king: or, an addition to a book, intituled, resolved upon the question: or, a question resolved concerning the right which the king hath to hull, or any other fort of place of strength for the defence of the kingdom. by peter bland of grays-inne, gent bland, peter, of gray's inne. bland, peter, of gray's inne. aut , [ ] p. printed for john field, london : . reproduction of the original in the henry e. huntington library and art gallery. eng prerogative, royal -- england -- early works to . great britain -- history -- civil war, - -- early works to . a r (wing b ). civilwar no a royall position, whereby 'tis proved, that 'tis against the common laws of england to depose a king: or, an addition to a book, intituled, bland, peter, of gray's inne b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion a royall position , whereby 't is proved , that 't is against the common laws of england to depose a king : or , an addition to a book , intituled , resolved upon the question : or , a question resolved concerning the right which the king hath to hull , or any other fort or place of strength for the defence of the kingdom . by peter bland of grays-inne , gent. london , printed for john field . . to his ever honoured uncle , henry shelly esquire , one of the members of the honourable house of commons in parliament assembled . sir , 't was not the hope of adding either to your honour , or my owne profit , ( but my certaine knowledge of the encouragement which any pious endeavours shall receive from your religious selfe ) that made me not hazzard , but presume on your acceptance : were my position contrary to what it is , i might then be sencible of a fear , and suspect its welcome ; because i am confident that nearnesse of relation cannot bribe your judgment , no not to purchase but a slight view from your observing eye . but being as it is , no way contradictory to what i affirmed before : i hope it will not breed in you the least suspition of a change in my affections : sir my hope of your acceptance , is not grounded upon the agitation of so poore a principle , as that of kindred , for i am sure that your judicious and alwayes just censure , will not be pleased with that from me , which from another would prove distastefull ; therefore ( for my part ) i shall not be refractory , but submit to your profound judgement , and whether you approve or disprove , i shall still remaine what i ever was , your faithfull servant and nephew , peter bland . a royall position . i must confesse 't is no way pleasing to mee to dispute the power of a king , for had i fortunes of my owne , so far as those would reach , i would nere urge property against my soveraignes commands , and no man ought to complaine of my grievance but my selfe , and if i were content to lose that which the subjects liberty calls meum , i hope 't is no prejudice to that it calls tuum : but when i looke upon the generall cause ( as at this time ) t is otherwise ; therefore now i hold every man bound to lay particular cases aside , and sacrifice his best endeavours , for a timely composure of these generall and unseasonable distractions , and the best way i could think on is this , viz. neither for private ends on the one side , to flatter the king , by giving him more power then the law hath settled in him ; nor for by-respects on the other side , to abate of the kings due , and give it to the parliament ; but with allegiance to the one , and submission to the other ( as neer as i can ) give both their right . and truely i cannot be made sensible that i have done otherwise , onely 't was my misfortune to fall under the misapprehension of divers , who ( from an argument i used in the former impressure ) have raifed a consequence as dangerous , as the subject of discourse was nice . the accusation against me is , that i did implicitely hold it lawfull to depose a king : the ground of their accusation is this : in the former impression , fol. . this objection was urged , viz. the king hath the kingdome by way of trust , now by law a trust cannot be countermanded ; therefore sir john hothams keeping of hull against the kings command was illegall . to which my answer was thus , viz. i doe confesse that by law a trust cannot be countermanded ; but yet i shall take a difference between the trust of a private mans estate , and the trust of a kingdome , and if that difference should not hold , i shewed the mischiefe that would ensue , for then our case were in short but thus : we have intrusted the king with the whole kingdome , and this trust cannot be in any part countermanded by us againe , and if so , then the kings estate is as good as absolutly his owne ( i meane ) for his commanding power , though not for his disposing power ; and if so , then we cannot make use of our own staff , when we are in feare of being beaten by a forraigne force , because by that means , that is , by the kings commanding power , the parliament ; that is , the whole kingdome may be bound to the peace . but now some will here object that we ought not to have such a thought of the king , as to thinke that he would by his commanding power bind us to the peace , when a forraigne force is comming against us . to this i answer , that 't were poor policy for him to do it , but that t is no dishonour to the king for me to suppose , that some traiterously minded favorite , may at such a time perswade him to use his commanding power , pretending some advantage to the crowne ( as all traytors doe ) when nothing is more intended then their own trayterous ends ; therefore t was the wisdome of our ancesters the law makers , to keepe the power out of his hands , not so much for feare what he would do of himself , as what others might possibly perswade him to do . i must confesse i might have answered the objection , with the authority of parliament who did imploy sir john hotham , but not imagining any would draw that consequence ( they accuse me with ) from the differenc i answered with , i waved that answer i might have given from the power which the parliament have above the law , if the law had bin so , that in case of the trust of the kingdom , it could not be in any part countermanded . but truely i cannot have any ground in that difference for that conclusion : for i took the difference in answer of an objection , concerning a particular place , as hull , not concerning the whole kingdom ; and though it may be lawfull in that particular case ( by reason of some great mischiefe or inconvenience which might otherwise ensue ) yet it may not be lawfull in the generall ; for who knowes not but the law will rather suffer a particular inconvenience then a generall mischief . besides , i meant not an absolute and perpetuall countermand of that particular place neither ; for that were utterly to extinguish and take away the kings right for ever ; but i meant a temporary countermand onely , that was , as long as ( in the judgement of that great counsell the parliament ) the urgency of the necessity did require it : and many things we find are and may be done for a certain time , which cannot be done for ever ; as in case of the peers of the realme , 't is the birth-right of a baron to vote in the house of lords in time of parliament ; yet we see and find it adjudged , that a baron or an earl or any peer of the land , may be disabled to sit during his life , or during such a time , but yet his heirs cannot be disabled so long as their veines are filled with noble blood . besides , i meant that that temporary countermand can never be done but by the parliament neither ; and if they should not have power to do it being the kingdom representative , then the king had more power then the kingdom , which is absurd saith fox , vol. primum . fol. . and thus i have explained my self , sufficiently i hope to prevent farther mistakes , and to shew that for my part , i shall for ever pray that the crown may stand as firm upon his majesties head as ever 't was , and may it long continue there , and for ever to his posterity after him . and yet i fear there are many fiery zealous spirits who imbrace the tenet , and are glad to find any premisses from whence they may but with some colour draw their conclusion : nay and such as may have honest hearts too , and be earnestly desirous of a reformation , only the zeal of their houses may eat them up ; but for such as do hold the opinion , i am sure they have no incouragement from the parliament , neither can any thing that the parliament hath done be any ground for their uulawfull hopes , and from me they shall have no more fuell to encrease their flames then this , viz. 't is against the common lawes of england to depose a king , a thing that was held damnable by no lesse then two acts of parliament , the one in edward the seconds time , the other in edward the thirds time . had i had the gift of foretelling the divers objections and conclusions , that would have been raised ( by the severall readers ) from my arguments , i would have laid them so , that no conventicling tubman should have made my words his text , raising from thence so damn'd a doctrine ; but that was impossible , and therefore seeing i could not then avoyd it , let me now labour to cleer my selfe by striving to convince others that hugg the tenet , which i shall do by two arguments : first , from the common law of england , which sayes the king can do no wrong , the reason is good , because all his active offices are disposed of , and he never executes none of them himself , and therefore what ever wrong is done , 't is done by his officers , and they are to answer for it , and therefore the parliament layes the fault upon his evill councellors , not upon the king himself : now then i say , if the king can do no wrong , then you must allow that he does none ; and if so , how then can any man hold it lawfull to depose him ; surely you will not be so unjust as to hold that he may be deposed without a cause , and suppose a cause you cannot , for the law will not allow of such a supposition . again , 't is a rule in law , that unumquodque ligamen eo ligamine disolvitur quo ligatum fuit , now that ligamen of institution or ordinance of royall dignity ( as you say your self ) was not only humane but partly divine , for as you say jure coronae , the king was mans appointed , so you likewise say , that jure personae , he was god anointed ; now if it be so that he be as well divine as humane , how then can humane laws undoe any more then what human authority did at first institute ? now according to this argument if you depose a king , you must thwar● that rule in law , and contra principium negantem non est disputandum . the next argument is from gods law , which is the better way for weak man , either to humble himself under the affliction god layes upon him , or stoutly to his power oppose him ; surely you will grant that to stand on tiptoes against god , is not the safest way ; why then for arguments sake , let us supponere quod non est supponendum , admit that a king himself be as bad as bad may be ; or which is most usuall , admit that he be drawne and perswaded by his councellors to do that which is illegall , and to the great prejudice of his subjects , why now is not this a scourge layed by god upon the kingdom , to suffer the king to be thus perswaded and possest ? surely yes , why then do you think it the best way to depose that king presently , as if you would have the land flow with milke and hony in despight of god ? or as if god did not know whether he sent him when he first bestowed him upon this kingdom at his birth ; or whose child he should be when he first fram'd him in the womb ; in my opinion ( i am sure i my self am ) you may be zealous against the cavaliers , and yet not envy the king , and certainly you may worship god aright without crucifying his son , you may honour god and not dishonour the king . again , if god punish a son with a sharpe and cruell father , were it fit for that son ( thinking to enjoy a greater liberty then before ) to kill his father , and so depose him as i may say ( for every man is a king in his own family ) as if god could not whipp him with another lash : apply it to your selves . yet mistake me not , i blame you not for your good affections , and for being assistant to the parliament , but rather for commendation tell you , that if any thing can be meritorous ( in my opinion ) that is , onely this caveat i give to the vulgars ( for knowing and learned men ▪ i hope will not entertain a thought of it ) that their private hopes or inward thought reach not beyond the intent of the parliament , for feare lest their honest endeavoures should faile ( notwithstanding your large contributions ) by reason of your unjust intents . you do well to stand for your mother englands right , yet take heed you destroy not your fathers the kings ; for gods command of obedience to your parents , doth not except against the honour you owe your father . and thus i have discharged my owne conscience concerning that point , whether i have pleased others or not i know not , and indeed care not ; i could never yet studie to please the roving fancies of the giddy multitude any farther then truth and that little knowledge i have would guide me ; no , though the greatest recompence of a glorious , but fading world , were by my own thoughts presented to me . and now seeing i am upon publishing an addition , i shall correct some of the chiefest faults of the last impression , so passe by the rest being but faults of the presse . the chiefest was indeed occasioned by my own neglect in leaving a whole leafe out of the printers copy , and it was this : in the . leafe of the first impression there was an objection raised ; but the answer was omitted , the objection was this : some that endeavour to destroy the trust , and maintaine that the king hath his right to hull , et per consequens , to all the kingdome by discent , do urge the place in calvins case , where t is said the king holds the kingdome of england by birth-right inherent by discent from the blood royall , whereupon succession doth attend . to which objection i answer , that those words whereupon succession doth attend , is a direct comment upon that place ; for the king is the heire apparent of king james his father , now being so , he is capax coronae , that is , he is his fathers successor too ; and so he holds the kingdome by succession : now the successor is the heir of the kingdom , dan. fol. . not the heire of the king onely , and that is the reason t is usually said , to the king , his heirs and successors , where the word heirs is first named , because he is first heire to the king , by title of discent before he can be heir to the kingdome , that is , before he can be his successor ; so that there is a difference between haereditas and successio , for they signifie two severall capacities , the first signifie his naturall capacity as he is king jure personae , that is , as gods anointed , the other signifying his politique capacity , or his jus corona , that is , as he is mans appointed . bracton speaking of the king and his oath , and how that he swears to administer justice to all his subjects , to the utmost of his power ; goe ; forward and sayes , et ad hoc creatus est & electus , which two words , creatus & electus , do fully prove the former distinction ; that is , they prove him to be gods anointed , jure personae , and mans appointed , jure coronae ; bracton , cap. . i finde the same distinction made good too , out of holy writ ; saul and david were both anointed by samuel , but yet the peoples consent was so necessary , that they had not the crown till they consented to it , for david was twenty yeers without the crown after he was anointed , and the text saith , saul fought a battle before his creation , . sam. . . and yet he was anointed before the battle : so that the word creation in that text , justifies what fortescue sayes , fol. . the intent of the people is the primum vivens , having within it blood , that is to say , politique provision for the utility and wealth of the same people , which it imparteth aswell to the head ( that is ) the king , as to the members . there are some that have gotten a new objection , which is not without some ground i must confesse , and 't is this ; 't is said in calvins case , cook lib. . fol. . a. that before any judiciall or municipall laws were , kings did dare jura of themselves , and decide causes according to naturall equity , and were not ty'd to any rule ; or formality of law , and yet they were kings , and then say they could not have any politique capacity , for that being but fictio juris , can be no ancienter then the law whose fiction it was . to which i answer , that the very place my lo : cook there cites for his proof is a sufficient comment upon that place , for he there quotes fort. cap. . & . which very places are quoted in the former impression of this book , fol . by which you may see that he spake of other kingdomes , not of kingdom of england , who raised themselves into a body , and so got the start of other nations . many other things i should also correct of the former impressions , but i cannot in regard i am forced to print this addition by it selfe ; otherwayes i should have corrected them all , and have brought the additions in their right places ; but that printers must now be pleased , who like players touch nought but what will take : newly revived , is quite forgoten with them , nay and with the stationers too , but when they cheat a puisne with a new cover upon an old book , with leafes pasted together to conceal an aged blott , never printed but once before , is not for their turn , they abhorre the beast , yet est natura hominum novitatis avida is their creed though the beasts language : an ingenious stationer told me 't would not sell without a new title , ( which made me change the dresse of this addition ) yet he may be none of those that can find no eares for a sermon at the second preaching unlesse the text be changed . and thus i am willing to submit to an inconvenience for their profits , rather then my words should be made the ground of arguments so terrible as to shake a crown , and so maliciously envious and irreligous , as to strike at royall dignity . finis . royalty and loyalty or a short survey of the power of kings over their subjects: and the duty of subjects to their kings. abstracted out of ancient and later writers, for the better composeing of these present distempers: and humbly presented to ye consideration of his ma.tie. and both howses of parliament, for the more speedy effecting of a pacification / by ro: grosse dd: grosse, robert, d.d. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) royalty and loyalty or a short survey of the power of kings over their subjects: and the duty of subjects to their kings. abstracted out of ancient and later writers, for the better composeing of these present distempers: and humbly presented to ye consideration of his ma.tie. and both howses of parliament, for the more speedy effecting of a pacification / by ro: grosse dd: grosse, robert, d.d. [ ], p. s.n., [london : ] t.p. is engraved. place of publication from wing. annotation on thomason copy: "july th ". imperfect: heavy foxing in places, affecting text. reproduction of the original in the british library. eng prerogative, royal -- early works to . divine right of kings -- early works to . executive power -- early works to . kings and rulers -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no royalty and loyalty or a short survey of the power of kings over their subjects: and the duty of subjects to their kings.: abstracted out o grosse, robert, d.d. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion ד ה ד ח ד royalty per me reges regnant quam bonum est conuenire regem & populum conuenire loyalty subdite estate potestati superem 〈…〉 royalty and loyalty or a short survey of the power of kings over their subjects : and the duty of subjects to their kings . abstracted out of ancient and later writers , for the better composeing of these present distempers : and humbly presented to ye consideration of his ●ma . tie and both howses of parliament , for the more speedy effecting of a pacification . by ro grosse 〈…〉 by gods comand wee rule this land . wee are all yours and what is ours . chap. . the kings royaltie : or the power of kings over their svbiects . at the first , there was no distinction , or difference of men ; one man was as good as another : but afterwards , some excelling others in desert , were preferred before others in place . nature , saith gregorie , did produce all men alike : but the order of their ments varying , occult dispensation did prefer some before others . but this distinction , which happened from sin , is rightly ordered by the just judgement of god , that , because all men doe not goe the same course of life , one man should be governed by another . st. augustine saith , that god would not that man , a rationall creature , made after his owne image , should domineere over any but irrationall creatures ; not man over man , but man over beasts . hence it was that those first just men , were constituted rather pastors of sheepe , than governours of men : that even so , god might insinuate both what the order of the creatures did require , and what the merit of sinne had deserved . if men had continued in their first integrity and state of innocencie , there had beene no use of emperours , or commanders : every man would have seemed a king unto himselfe ; nor would he have had any other law-giver , than god and nature . but when this could not be obtained , and the perversenesse of degenerous man-kind grew such , as that breaking the bonds of all lawes , they left nothing unattempted , which did not tend to the height of impiety , there was a great necessity of magistrates ; without whose prudence , and diligence , a city could not then consist ; and by whose description and putting men into order , the government of each common-wealth is still continued , and preserved . hence came the command of man over men : without which , as cicero saith , neither house , nor city , nor nation , nor mankind , nor the nature of things , nor the world it selfe can subsist . for to governe , and be governed , is not onely ( according to aristotle ) amongst those things that are necessary , but those things that are profitable . and to use st. chrysostoms words , in our dialect : if you take away judiciall tribunals , you take away all order of life : for , as a ship cannot but miscarry without a pilot ; and an army cannot march in due number , or decent order , without a captain : so , without a governour , a city cannot be well ordered ; and without a king , a kingdome must needs come to ruine . if you take a king from his command , or authority from a king , we shall live a more beastly life , than irrationall creatures : some biting and devouring others ; he that is rich , him that is poore ; he that is strong , him that is weaker ; he that is fierce , him that is milder ; so farre , and to this purpose , the golden-mouthed chrysostome . with whom , is agreeable that of the scriptures , in those dayes there was no king in jsraell : and what follows ? every one did that which was right in his own eies , iud. . . so that , as tacitus hath it , it is better to be under an evil prince , than under none . the tragoedian tels us , that there is no greater evill than anarchie : it brings all things to confusion ; it ruines cities ; layes waste houses ; overthrows armies : but the submissive and due obedience of true subjects , doth preserve both life and fortunes . an empire now being constituted amongst men , it must needs be that one , or more , must have the preheminence : the former is called a monarchie , or a kingdome ; the latter an optimacie , or state of the people . a kingdome then , which is most proper to us , is the command , or soverainty of one man , for the good of all . i will not dwell long in describing the causes of it : i would they were as well observed , as they are knowne ; or better knowne , that they might be the better observed . all power over the creature , is originally in god the creator : but out of his goodnesse to mankind , communicated to man above all others . so that god is the onely author , and efficient cause , as of things , so of kings : for however there are divers wayes to attaine to the princely scepter ; as some have mounted the imperiall throne by force and armes ; others by the command of god , have been designed kings , as david , hazael , jehu , and others , of which you may reade in the holy scriptures ; others have been elected princes by the suffrages of the people ; and others borne in purple , by hereditary right , to a kingdome : yet it is most certaine , that whether by these , or any other wayes , men doe ascend the chaire of state , they have their power , whatsoever it is , solely from god ; and ought to use it to the glory of god , and the good of their subjects . seneca tells us , that nature at first did invent a king : which is to be seen both in animals , and in inanimates : for the bees , cranes , and other living creatures , have their kings or commanders : so among foure-footed beasts , the lyon ; and amongst birds , the eagles doe excell . in inanimates likewise the same is evident ; the sun amongst the stars , the fire amongst the elements , sight amongst the senses , gold amongst metals , wine amongst liquids have the precedencie . and to speak truth , under god , the law of nature is a speciall cause for to effect and perfect monarchie . it is certaine , faith that great states-man amongst the romans , that all ancient nations did at first subject themselves to kings : and that was the first name of government upon earth . the jews had a monarchie from saul to zedekiah , as may be seen in sacred histories . the assyrians from nimrod to sardanapalus . the medes from arbaces to astyages . the persians from cyrus to darius the son of arsamus . the macedonians from caranus to perseus . herodotus testifyeth of the egyptians , that they could be at no time without a king , and therefore they did voluntarily carry the rods before them , and submit themselves to be ruled by them . the first king , so far as may be gathered from antiquity , was called menes . the same custome was also prevalent among other nations : the first king of the indians was alexander ; of the trojans , trojus ; of the danes , the first that was king , was graemus ; brito of the britains ; fergusius of the scots ; craco of the polonians ; attilas of hungary ; zechus of bohemia ; pharamundus of france ; and pelagius of spain . the first kings that are celebrated of the grecians , were saturne , jupiter , and cecrops ; of the garamantes , a people of the middle of lybia , cambyses ; of the romanes , romulus , from whom at first to l. tarquinius superbus , and afterwards from c. julius caesar to this day , they have retained a monarchie . bellarmine would divine , that the civill power ought to be immediately , if not by the law of god , yet by the law of nature , in the whole multitude as in its subject ; and from it to be transferred by the same law of nature to one or more : but he much deceives himselfe , and others also , with such his hallucination . for this power of life and death is given by nature unto none . none seemes to be lord of his owne members ; much lesse of anothers . onely god , who gives life to men , hath the power of taking it away from them ; or those , to whom , by a speciall favour , he hath communicated that power . and surely your blood of your lives wil i require ( saith god ) at the hands of every beast will i require it , and at the hand of man , at the hand of every mans brother will i require the life of man . whosoever sheddeth mans bloud , by man shall his bloud be shed : for in the image of god made he man . hence is that precept both of god and nature : thou shalt not kill . but , if this power were given by nature unto men , it should surely have been given to one man , rather than to all : for the command of one man ( even bellarmine himselfe being the judge ) is the best , and most agreeable unto nature ; but the command of a multitude , the worst . now nature in every thing ( as the philosophers will have it ) doth intend that which is best : so that , out of the politique society , and a certaine forme of civill government , there is not any politique or civill power given unto men . but all consent , that all ancient nations ( as formerly was spoken ) did at first obey kings : and , that it was the first name of command upon earth . yea , as bellarmine himselfe confesseth , kingdomes are of greater antiquity than common-wealths . in the beginning of states , ( saith justine ) the command of people and nations was in the kings . it must needs be then , that kings not receive their power and authority from the multitude , or men , but from god onely the king of kings . for it is a maxime and principle among the lawyers , that no man can transfer more power upon another than he hath himselfe . nor is this assertion contradicted , though you should alledge , that princes , as i said before , are sometimes chosen by men ; more often , if not alwayes , inaugurated by them . for hence it is that s. peter calleth a king , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the ordinance of man : which is not so to be understood , causally , as if it were excogitated or invented by men ; but subjectively , because it is exercised by men ; and objectively , because it is versed about the government of humane society ; and then finally , because it is constituted by god for the good of men , and the conservation of humane policie . for the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} doth recall us to god , as to the first author of authority : and although kings are created by men , that is , erected , anointed , and inaugurated by them ; yet the first creator of kings is god , to whom all creation doth appertaine , and from whom all power doth come . for there is no power but of god , if we will beleeve s. paul , who from his master tels us , that the powers that be 〈◊〉 ordained of god . the finall cause of sover aignty is the glory of god , and the happinesse of the subject : that a king , as the keeper of the two tables in the decalogue , with one eye looks up unto god , whose vicegerent he is , in advancing and defending religion and piety ; and with the other upon his subjects , that they may live in peace and prosperity . for this cause , saith epiphanius , are powers ordained , that all things from god may be well disposed and administred to the good order of government of the whole world . this is that goale to which the princely champion runs ; which is no other , as lipsius speaks , than the commodity , security , and prosperity of subjects . and this is the end which s. paul expresseth , when as he saith , that the magistrate is the minister of god to them for good : where , by [ good ] we may understand , good naturall , good moral , good civill , and good spirituall . first , the king is the minister of god to his subjects for their good naturall , whenas he makes provision of corn and victuals , whereby they may live . secondly , he is a minister of god for their good morall , when as he doth prescribe such laws to his subjects , as that they conforming their lives to them may live honestly . thirdly , he is the minister of god to them for good civill , when as by his sword he doth preserve their persons and estates from injury , and mainteine the publique peace . and lastly , he is the minister of god for good unto them , good spirituall , when as hee doth advance and maintain religion and piety , and suppresse prophanenesse and superstition . the materiall cause of soverainty , is the king and people ; with which , as with its integrall parts , it is compleat and absolute ; and without which , it cannot at all subsist . the formal cause of it , consists in that order which is betweene the king and his subjects : by which , he is above them , and they under him ; he commands , and they obey ; he rules , and they submit : of which , as lipsius saith , there is so great a force , or necessity rather , that this alone is the stay or prop of all humane things . this is that same bond , saith seneca , by which the common-wealth coheres ; that vitall spirit , which so many thousands of men doe draw : who , otherwise of themselves , would be nothing but a burthen and a prey , if this soule of command were withdrawn from them . this is that same circaean rod , with the touch of which both beasts and men become tame and ruley ; & which of all , otherwise head-strong and untractable , makes every one obedient and plyable : each man with the feare of it . a common-wealth , saith aristotle , is a certaine description , or order of those men which doe inhabit it . the king , he is above all others , according to that power which god almighty hath communicated unto him ; and the subjects , they are under him , by the same authority . and therefore princes are called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that is , supereminent , seated in a more sublime estate : and subjects , they are called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , subordinate , reduced into order . the metaphor is taken from military discipline , in which the commander placed above all others , over-looks the whole body , whiles every one , besides him standing in their ranks , keepe their stations . whereupon , as souldiers in an army placed in order , are subordinate to their captain , and performe obedience to him , as their supream head : in the same manner , subjects are subordinate to their prince , and bound to performe obedience to him . now what this power of a king is , is not of all sides agreed upon . if we looke into the sacred records , we may see the manner of the israelites king to be described . and samuel told all the words of the lord unto the people , that asked of him a king . and he said , this will be the manner of the king that shall reigne over you : he will take your sons , and appoint them for himselfe , for his chariots ; and to be his horsemen , and some shall run before his chariots . and he wil appoint them captains over thousands , and captains over fifties , and will set them to care his ground , and to reap his harvest , and to make his instruments of war , and instruments of his chariots , and he will take your daughters to be confectionaries , and to be cooks , and to be bakers . and he will take your fields , and your vine-yards , and your olive yards , even the best of them , and give them to his servants . and hee will take the tenth of your seede , and of your vineyards , and give to his officers , and to his servants . and he will take your men servants , and your maid-servants , and your goodliest young men , and your asses , and put them to his work . he will take the tenth of your sheep , and ye shall be his servants . some , from this description of samuel , doe think , that the rights of majestie are set forth : so luthen ( in postil . super evang dom. . post trinit. conc. . those things ( saith he ) which are said to be caesars , mat. . . are those rights of kings which are described , sam. . now those things which christ affirmeth to be caesars , ought of right to be given unto him . so strigelius in sam. . p. . hic dicunt aliqui describi tyrannum , non regem , &c. sed textus nominal jus regis , & loquitur de oneribus stipendiorum causâ mpositis . some say , that here a tyrant is described , not a king ; and that these things are not so spoken , as if the lord did approve of servitude : but the text ( saith he ) doth name the rights of kings , and speaks of burthens imposed by way of stipend . but these , with others of the same opinion , are much mistaken and deceived . for god constituting judges under him , was himselfe in a peculiar manner ( which never hapned unto any other nation ) a king to the israelites , who now did ask a king of him , as the other nations had . hearken ( saith god to samuel ) unto the voice of the people ; in all that they say unto thee : for they have not rejected thee , but they have rejected me , that i should not reigne over them . samuel therefore , as the lord commanded him , that he might reprehend the rashnesse of this people , describes unto them the impune licence , the rage and violence of this man , ( whom , in stead of god , they did desire to be set over them ) and so , in his person , of all kings . as if the prophet had said ; the lust of this kings licence shall break forth so far , that it shall not be in your power to restraine it : who yet shall have this one thing betide you , to receive his commands , and to be obedient to him . insomuch ( sayth he ) that ye shall cry out in that day , because of your king which ye shall have chosen you , and the lord will not heare you . for kings are exempted from the punishments of humane lawes , and have god only to be their judge and their avenger . the vertue of the law ( as modestinus hath it ) is this , to command , forbid , permit , and punish : but no man can command himselfe ; or be compelled by himselfe ; or so make a law that he may not recede from it . lawes are given by superiours to inferiours : but no man is superior , or inferior , to himself . it is impossible therefore for kings to be bound by their owne lawes : much lesse , by the lawes of their predecessors , or the people . for an equal hath not power over an equall : much lesse , an inferiour over a superiour . there are three sorts of civill government , according to aristotle : monarchie , aristocracie , and democracie . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . it is necessary , saith he , that the chiefe be one , or a few , or many : for all nations and cities ( as that great secretary of state to many emperours hath it ) are governed either by the people , or by the peeres , or by the prince . as then , in aristocracie and democracie , it must needs be that the government be in the hands of some few , or many : so in monarchie , it is in one mans hands onely ; whose lawes all men are bound to obey , but himselfe none , save the law of god . for otherwise , it is not a monarchie , but a polyarchie , that is , the state of the peers , or people . a king subject to laws , ( saith the philosopher ) {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , is not a species of a republike . cicero being to defend king deiotarus , before caesar , begins his oration from the insolencie and novelty of the thing ; telling him that it was so unusuall a thing for a king to be accused , as that , before that time , it was never heard of . c. memmius a popular man , and of great power , although he were a most deadly enemie to nobilitie , yet he subscribes to the same opinion . for , to doe any thing without being questioned , is to be a king , saith he . a prince , saith ulpian , is free from all lawes . dio , his coaetanie , speaks to the same purpose : they are free from lawes ( saith he ) as the latine words doe sound : that is , from all necessity of the laws , or the necessary observation of the laws : nor are they tyed to any written laws . constantinus harmenapolus , a greek interpreter , to the same sense thus delivers himself . a king is not subjected to laws ; that is , he is not punished , if he offends . to which , i might adde the common consent of the interpreters of both laws , unanimously affirming and concluding , that a king is to give an account for his offences to god onely , and onely before him to justifie his innocencie . excellently solomon : where the word of a king is , there is power ; and who may say unto him , what dost thou ? and therefore the wise man , in the wisdome of solomon , thus addresseth his speech unto them : heare therefore o ye kings , learne ye that be judges of the ends of the earth : give care you that rule the people , and glory in the multitude of nations : for power is given you of the lord , and soveraignty from the highest , who shall try your works , and search out your counsels . let us heare some of the fathers about this matter : irenaeus tels us , that the princes of the world having the laws as the garment of justice , shall not be questioned for those things they shall doe according to law and justice , nor yet suffer punishment : but if they shall practice any thing contrary to law , in a tyrannicall manner , to the subversion of justice , in this case they are reserved to the judgement of god , sinning against him onely . of those things which are committed to kings by god , they are only to give an account unto god . so far he . tertullian in his apologie rhetorizes it thus : we , saith he , doe invoke the eternall god , the true god , the living god , for the safety of emperours , whom even the emperours desire above all others to be propitious unto them . they know who hath given power unto them , who men under them , who their owne soules : they acknowledge it is god onely , in whose power alone they are ; from whom they are second ; next him the first , before all gods , and above all men . saint jerome saith of david , that he repenting , after he had accumulated murther upon his adultery , did say to god , against thee onely have i sinned , because he was a king , and feared not man . before s. jerome , s. ambrose thus descants on him : david sinned , as most kings doe ; but david repented , wept , and mourned , which most kings doe not . that which private men are ashamed to doe , the king was not ashamed to confesse : they that are bound by laws , dare deny their sin , and disdaine to aske pardon ; which he implored , who was not bound by humane lawes . he was a king , he was tyed by no laws : because kings are free from the 〈◊〉 of transgressions , for they are not called to punisment by the laws , being free by the power of their command . he did not therefore sin against man , because he was not subject to man . after him let us confort 〈…〉 lar : how far better then is the emperour , 〈◊〉 not tyed to the same laws , and hath power to make other lawes : and in another ●ce , there is a command upon judges , that they 〈◊〉 revoke sentence that is once passed upon an offender , and shall the emperour be under the same law ? for he alone may revoke the sentence , absolve him that is condemned , and give him his life . gregorie arch bishop of tours , thus speaks to chelperick king of france . if any of us , o king , shall transgresse the limits of justice , he may be corrected by you : but if you shall exceed the same limits , who shall question 〈◊〉 for we indeed doe speake unto you ; and if you will , you heare us : if you will not , who shall condemne you , but onely he who hath pronounced him selfe to be justice it selfe ? otto frisingensis writes to frederick o●n●barius in these words : furthermore , whereas there is no person in the world , which is not subject to the laws of the world , by being subject may not be enforced ; onely kings , as being constituted above laws , and reserved to the judgement of god ; are not 〈◊〉 by the laws of men . hence is that testimony of that king and prophet , against thee onely have i sinned it 〈…〉 then a king , not onely nobilitated with magnanimity of spirit , but illuminated 〈◊〉 divine grace , to acknowledge his creator , to have alwayes in his mind the king of kings , and lord of lords , and , as much as in him lyes , to take heed by all means not to fall into his hands . for , when as , according to that of the apostle to every man , it is a fearfull thing to fall into the hands of the living god : it will be so much the more fearfull for kings , who besides him , have none above them , whom they may feare , by how much above others they may sin more freely . which sayings of the fathers and other writers , divine and profane , thus premised , i cannot but wonder at the stupid ignorance , and ignorant wilfulnesse , of such men , who would make the world believe , that it is in the power of the pope , or of the people , or of the peeres , to call kings in question , and reduce them to order , if they be extravagant . and if there be a lawfull cause , ( saith bellarmine ) the multitude may change the kingdome into an aristocracie or democracie ; and on the contrary , as we reade hath beene done at rome . but to speak truly , there can be no cause , without the expresse command of god , either expressed or excogitated , for which it may be lawfull for subjects , either to depose , or put to death , or any other way restrain their king , be he never so wicked , never so flagitious . we doe not deny but this thing hath been done at rome , ( as bellarmine confesseth ) but by what right , let him look to it . we must not look so much what hath been done at rome , ( as the romane laws advise us ) as what ought to be done . but bellarmine doth affirme that the king is above the people and that , he acknowledgeth no other , beside 〈…〉 his 〈…〉 temporall things . but to returne whe● 〈…〉 . the power of a king over his people is expressed by samuel , to which they must of necessity 〈…〉 without resistances . not that the king was to 〈◊〉 so by right , as samuel had told the israelites 〈◊〉 would , ( for the law of god did prescribe 〈◊〉 a far more differing forme of government , then sh●ls in any wise set him 〈…〉 whom the lord thy god shall choose ( saith moses . ) but he shall not 〈…〉 to himselfe , nor cause the people to returne into egypt , to the end that he should multiply horses : forasmuch as the lord hath said unto you , ye shall henceforth returne no more that way . neither shall he multiply 〈◊〉 himselfe that his heart turne 〈…〉 neither shall he greatly multiply to himself silver and gold ) but because it was the common custome of the kings of the nations ( whose example they desired to imitate , in asking of a king , as other nations had ) so to doe . for samuel doth not speak to him that should be their king , but to the people that desired a king : yea , and he wrote this law of a kingdome , which he there describes , in a 〈◊〉 and put it before the lord , that is , into 〈…〉 of the covenant , that it might be for 〈…〉 all for ever , and a testimony to their posterity , of those things which he had foretold . joseph . l. . antiq. judaic . c. . where yet we must distinguish , between the rash and gready desire of kings , and the utility and necessity of common-wealths . if a king , spurred on by a private desire , and ravenous lust of having , doth claime such things as are there described , he deales unjustly and tyrannically : but if , the safety and necessity of the common-wealth so requiring , he demands those things ; then , he doth not unjustly , if he doth use his kingly power . againe , we must distinguish also betweene the thing , and the manner of the thing . if a king in exacting these things doth observe a just and lawfull manner , and without compulsion & violence doth require the help of his subjects , as their labours , tenths , and tributes , for the supporting of the state , and necessity of his kingdome ; he cannot be said 〈◊〉 be a tyrant , or deale injuriously : but if he shall goe beyond the bounds of necessity and ●egality ; and onely shall aime at his owne private ends , to the inconvenience and detriment of the publique good of his kingdome , he doth abuse his kingly power , and degenerates into tyrannie . excellently and satisfactorily to this purpose is that of lyra ( in comment . sam. . ) sciend● quod aliqua sunt de jure regis in necessitate positi , &c. we must ( saith he ) know , that there are some things , which by right are the kings , being placed in necessity for the common good of the kingdome , and so all those things which are here expressed , are by right the kings ; because that , in such a case , all things that are the kings or princes , are to be exposed and expended for the common good : even as we see in the naturall body , that the hand , or any other part of the body , even by instinct of nature , is exposed for the preservation of the life of the who 〈◊〉 but if the ●ight of a king be taken otherwise , out of necessity , then there are more things expressed there , than doe appertain to the right of a king : as all those things which doe make a people to be 〈◊〉 subject , and those which doe not respect the common good , but rather the will of that man that is set above others in 〈◊〉 some . and such things 〈◊〉 the prophet samuel fore-tell them , to with d● their minds from asking after a king , because it was not so expedient for them , and because the power of a king , by reason of its greatnesse doth easily degenerate into tyrannie . gregorio calls the power given unto kings , jus regium turannerum , the kingly right of tyrants . he calls it ●gly , saith arnisaeus , because it is common to all kings : and he calls it the right , or power of tyrants , because it doth easily degenerate into tyranne , i● kings doe not use it in opportune and convenient time and place , with due moderation . the elect king david , ( as 〈…〉 the fore-named place when he was 〈…〉 unto the lord , he would not 〈◊〉 at 〈…〉 power and right of tyrants ; but he did 〈…〉 the threshing floore of araunah the 〈…〉 for his money yea , and ahab , even 〈…〉 king , did usurpno such power unto himselfe , when as he sought to acquire the vineyard of 〈◊〉 for the worth of it in money , or in exchange for a better vineyard : but whiles he did , upon a pretended crime , take both life and vineyard away from na●th , because he refusing the conditions he had propounded to him , he did fulfill the prophecie of samuel , and justly suffered the reward of his impiety . so that , though kings be constituted only by god , & are to give an account of their actions onely to god ; though they be above the people , and for no crime soever may be deposed or coerced by the people ; yet they must not deale with their subjects as they list : they must neither make slaves of their persons , unjustly oppressing them with their power ; nor yet make havock of their estates , tyrannically usurping them at their pleasure . they must know , that as god hath set them over men ; so it is for the good of those men . they are not onely lords and arbiters , saith lipsius , but they are tutors and administers of states . they are lewd and wicked princes , as he speaks , who being constituted in an empire , doe think of nothing but to be imperious : and they are proud and carelesse , ( saith he ) who doe think that they are not given for the good of their people , but their people onely for them . for , as in the superiour world , the stars have their splendour ; yet so , as they may be usefull for men : so , in this inferiour would , princes likewise have their dignity ; yet so , as with it they have their duty . the commonweal● is by god conferred upon them : but it is committed , as it were , into their bosome ; that it may be fostered and preserved , not ruined and devoured by them . happy is that prince , who in the highest pitch of fortune , desires not so much to be held great , as good , in the esteeme of his people ; and he is no lesse fortunate , that can so temper power and modestie , the two most differing things , in his behaviour and carriage , as that his people cannot tell whether they shall salute him as a lord , or as a father . there are prerogatives and royalties , which must by no meanes be denyed to the prince : and there are immunities and priviledges , which must not be kept back from the subject . the prince must so use his royall prerogative , as that he doth not infringe the subjects rights ; and the subjects must so lay claime to their rights , as that they doe not derogate from the regality of the prince : that so , he ruling as a royall prince , and they obeying , as loyall subj● , may be both happy in the enjoyment of each other . now the prerogatives which by right belong unto the prince , are ripaticks , or watertoles , which are commonly called customes , for the importing and transporting of commodities , by sea , ship-money , the profit of fines and amercements , vacant goods , the goods of condemned and proscribed persons , and other emoluments , which the lawyers doe terme royaltyes , which are due unto the prince , not only for the splendor and glory of his court , but for the better maintaining of the publique affaires . princes may al● be use of the propes goods and labours of their subjects , for the 〈◊〉 of the common , good 〈…〉 may exact tributes , and taxes of the 〈…〉 they may impose lawes to them , whe● 〈…〉 will or no , and they may command 〈…〉 which doe not repugne the law of god 〈…〉 of nature , and the law of the land , o● 〈…〉 christ to the pharises asking him whether it were lawfull to pay tribute to caesar or no , looking upon the money which had the impression , and inscription of caesars image , gave this answer , render therefore unto caesar , the things that are caesars ; and unto god , the things that are gods . and saint paul to the romans , render therefore to all their dues : tribute to whom tribute is due , custome to whom custome , feare to whom feare , honour to whom 〈◊〉 : and the same apostle to titus , put them in minde , to be subject to principalities and powers , to obey magistrates , to be ready to every good worke . for as seneca hath it , the power of all things pertaine unto the king , the propriety unto the subject . the king hath all things in his command , every man in their possession . the king hath all things within his dominions , his exchequer onely , those things which properly belong unto him : and all things are within his power , his owne things onely in his patrimony . rightly cicero : we must endeavour that we doe not ( which often times happened amongst our ancestors ) give tribute by reason of the renuitie of the treasurie , and assiduity of wars : which that it may not come to passe , we must make provision long aforehand ; but if any necessity of this duty shall happen unto a common wealth ( for i had rather prophecie of another then our own , nor doe i speake so much of our 〈◊〉 as of every common-wealth ) diligence 〈…〉 that all may come to know and understand if they will bee safe ) that they must obey necessity . for as tacitus hath it , neither the quiet of nations can be had without armes ; nor armes be had without stipends ; nor can stipends be had without tributes . these , these , ( saith cicero ) are the ornaments of peace , and the muniments of warre . in the beginning of things ( saith justine ) the government of countreyes and nations was in the power of kings : whom , no popular ambition , but approved moderation , amongst good men , did advance to this heighth of honour . the people was not tyed by any laws : but the arbitrament , and pleasure of their princes , was instead of laws unto them . pomponius speakes to the same purpose , whenas hee saith : and to speake truth in the beginning of our city , all things were governed by the kings disposall . and ulpian seconds him : that which pleaseth the king ( saith he ) had the force of a law : as when by the royall law , which is given concerning his empire , the people doth confer all their power and authority to him , and on him . whatsoever therefore the emperour hath ordained & subscribed by writing , or by any edict commanded , it is a law without contradiction : these are those which we commonly call constitutions . justinian the emperour to demostenes thus writeth . if the imperiall majesty shall have throughly examined the cause , and given sentence to the parties present , let the judges know , who are within our empire , that this shall be a law , not onely for that cause for which it was given , but for all causes of the like nature . for what is greater , what more inviolable than the imperiall majesty ? or who is so puft up with the conceit of pride , as that hee dare contemne the understanding of the king ? whenas the founders of the old law doe plainely & clearely define , that those constitutions which did proceede from imperiall determination , doe obtaine the force and vigour of a law . and a little after hee addeth these words : for , if , for the present , it be granted to the emperour onely to make laws , it is onely worthie an emperour to interpret laws . whereupon he thus concludes ; therefore , these ridiculous ambiguities exploded , the emperour alone shall be most justly reputed to be both the maker and interpreter of laws : this law nothing derogating from the makers of the old laws : because imperiall majesty gave the same priviledge even unto them . by me ( saith the eternall wisdome of god ) doe kings reigne , and princes decree justice . from whence saint augustine ( whose sentence is reckoned amongst the canons ) doth thus argue : by what right do you defend the church ? by gods law , or by mans ? we have the law of god in the scriptures ; and we have the law of man in the constitutions of kings . and not far after : therefore by the law of man , by the law of kings . why so ? because god hath distributed the laws of men to mankinde by kings and princes . so in another place be thus reasons : for , if it be lawfull for a king in a city , where he hath dominion , to command anything , which neither ever any before him , nor yet he himselfe commanded , and not contrary to the society of that citie , he is obeyed ; yea , contrary to the society he is not obeyed ( for it is a generall pact and covenant amongst humane society to obey their kings ) how much more then ought we to obey god the governour of every creature , and serve him , without any doubt , in those things which he hath commanded ? aristotle teacheth that there are three parts of every common-wealth : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . one which consults for the good of the republique : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} another which is versed in government : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a third which doth exercise it selfe in judicature . but that is the chiefest which consults of warre and peace , of society and leagues ; of laws and death ; of banishment and publicating of goods ; of making and receiving accounts . yet , in another place he seemes to recall these three into two parts , in these words : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . for there are actions of a city : both of those who doe command , and of those who doe obey : but the scope and office of him that governes , consists in commanding and in judgeing . of later wrjters bodinus ( whose sentence yet is approved with the common consent of the learned ) defines this power of the supreame magistrate ( which he calls by the name of majesty ) to be an absolute and perpetuall authority over citizens and subjects , and not tyed to any laws . it is manifest therefore , that all other heads of majesty are included in this absolute power of making and taking away of laws : insomuch , that we may rightly call it , the chiefest power of a common-weale , comprehended in this one thing , which is , to give laws to all and every subject , never to receive any from them , for , by his own right , to make warre with adversaries , and at pleasure to contract peace with them , although they may seeme to be somewhat discrepant from the appellation of law ; yet they are done by law , that is , the command of imperiall authority : so likewise , it is a prerogative of majesty to take notice of appeales fro higher powers , to give and abrogate commands to supreame officers ; to dispose of offices when they are vacant ; to give immunities , and free citizens fró , laws ; to have the power of life & death ; to set a price , name and figure upon moneyes ; and to impose an oath upon subjects : all which things both of commanding & forbidding , come within the supreame power ; that is , to give laws to all & every subject , and to receive from none but the immortall god . these are some of the royall prerogatives , which have been premised in generall and promiscuously : but the politicians are more exact in describing these rights of majesty and royaltie , and they make them of two sorts : greater and lesser . the greater prerogatives belonging unto majesty are those which doe primarily and more principally appertaine to the chiefe authority of the king of emperour . and they are , first , the power of making and abrogating laws at pleasure , as the necessity of the common wealth shall require . for this is , as bodinus hath it , the prime and principall head of majesty , and without this the folitique power cannot long stand . for it is , as the juris-consults have determined , the propriety of law to command . but an emperour , or king without a command , what other thing is he , than as a dreame without sleepe ? but this must be understood of the nomothetique or legislative power , which doth institute laws by its own authority , and not by the command of another . and therefore , it is more than manifest that the decemuiri amongst the romans , who were enforced to seek to the people for the confirmation of those laws which they had made , as livie relates , could not be said to make them by the right of majestie . secondly , a second right of majesty is extreame provocation ; that is , that subjects cannot appeale from the laws that are made by imperiall majesty . for it is a most certain signe of a limited power , if an appeale may be made from the law giver to a superiour . and hereupon bodinus infers , that the dictators did not shine with royall majesty , and that they were not the chiefe magistrates , but curatours onely , or commisaries , as we call them . for the father of fabius did appeale from papirius then dictatour unto the people . ad tribunos appello ( so livie repeates his words ) & ad populum provoco , qui plus quàm dictatura potest , i appeale , saith he , to the tribunes , i protest to the people , who have more power than the dictatorship . now an appeale ( as bedinus hath it ) is a suspension of the jurisdiction of an inferiour judge , by a lawfull invocation of a superior ; made in the same judicial place , and alwayes ascends with the order of magistrates , untill it comes to the highest power , in which it must necessarily acquiesce and rest . as for example : in the romane empire the chiefe tribunall is the imperiall chamber : in france and with us in england , the high court of parliament : and in other inferiour principalities , the princes chiefe court . a third right of majesty , is the creation of dukes , marquesses , earles , barrons , and other noble men . for it is without doubt , that the king or emperour is the fountaine of all nobility and dignity . fourthly , another prerogative of majesty is the founding of academies . for this is referred to the eminence & preheminence of kings & emperours , & which , the pope cannot ( as baldus doth insinuate ) without unjust usurpation ascribe to himselfe . and this , not to speak of our own two famous universities , the most ancient academies , do evidence unto us : of which the university of bononia , the mother of students , which was first erected by theodosius , afterwards repaired by carolus magnus , and endued by them with many immunities and priviledges , is a sufficient witnesse . what shall i say of the vniversities of prague , paris and padua , who acknowledge , not without respective gratitude , the emperours of the same name to be their founders and benefactors ? and therefore the approbation of the pope is not requisite for the founding of an academy : because the civilians tell us , that the jurisdiction , which is exercised beyond the territory of him that commands , is most worthily to be rejected . lastly , other politicians are wont to referre to the regalities of majesty , the calling of councills and synods , legitimation , restitution of fame , the ordering of all judicialls , the indicting of war , and conclusion of peace , and the like , of which you may reade in althus : in pol. c. . and thom. mich : de jurisdict : concil. . . and . the lesser rights belonging to majesty , which the king , or emperour may more easily dispence with then the greater , are the remitting or lessening of penalties and mulcts , customes , tributes , the rights of faires or publiplique mercats , of which you may likewise reade l. un . c. de nund . jus saxon. l. . art . . and l. . art . . mysing . . obser. . n. . . nou. . c. . vult . l. . iurisp . c. . n. . but to returne , where we did digresse , the king , ( who hath the cheife and absolute command in monarchy ) the parent , yea the author of the law , and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a living law , is far greater then the law : as one , who by authority given him from god , can , when he sees it fitting , whether his subjects will or no , yea without their consent , either make or abrogate the law . nor hinders it that he makes use of counsellours and ministers , for so he doth lessen his care and sollicitude , which in the government of a kingdom aright is the greatest ; but not diminish the power of his command , or ecclipse his majesty . the emperours were wont to say , that we account it of our princely clemencie ( worthy senatours ) if when hereafter any emergent necessity shall happen , either in the private or publique cause , which doth require a generall forme and not inserted in the ancient laws , that it be treated of by all ; as well the peeres of our court aforehand , as by your most honourable assembly : and that , if it shall seeme good to all the iudges , as well as your selves , it be then dictated as a law ; and so , when you be all met together , that it be read again : and when all shall have consented unto it , then at length that it be repeated in the sacred consistorie of our majesty : that so the common consent of all may be confirmed with the authority of our highnesse , &c. hence is that , of the iurisconsults , that a prince alone can make statutes , although it be his courtesie that he doth admit the counsell of his peeres . the communication of counsels doth not introduce a consortship of the kingdom . for the rights of majesty ( as bodinus hath it ) may be attributed to the chiefe prince ; but not to magistrates , or private men : but if they be ascribed to either , then they cease to be the prerogatives of majesty . and , as a crown , if it be distracted into parts , or communicated , loseth the name of a crown ; so the rights of majesty vanish if they be communicated with the subject . that which is more evident , by the common decrees of the lawyers : those rights can neither be passed away , nor divided , nor any wayes abalienated from the chiefe prince , nor can they be prescribed by any diuturnity of time . for which cause baldus doth call them sacra sacrorum ; and cynus the individualls of majesty : but if the chief prince shal once communicate these unto the subject , instead of a servant , he is like to have a consort of his empire : and in the meane while , he loseth the regality of majesty , in that he cannot be said to be the chief prince : because he is chiefe who neither hath a superiour nor yet co-partner of his empire . but because princes when they are publikely inaugurated , doe religiously promise that they wil maintain the rights of their ancestors , & the former constitutions of the empire , and other things of that nature ; therefore may some thinke they are tyed by their oath to observe them , nor can they with a safe conscience any way relinquish them . to this it is answered , that princes do no wayes prejudice themselves by swearing , but that they may as freely administer to the good of the common-wealth , as if they had not sworn at al : for they sweare nothing , but that , to which if they had not sworne they are obliged . for , that which is just and equal , that by their office they are bound to observe and do ; but , to doe that which is evil and unjust , they cannot be bound by any covenant or promise whatsoever , though they have confirmed it with an oath . now what is more unjust , than that a prince should be bound to maintain and keepe those laws , which it is necessary that they must be either antiquated , or the common-wealth come to ruine ? although all change whatsoever ( as it is in the proverb ) is very dangerous , yet that of laws , is most pernicious : and yet it is as certaine on the other side , that the change of manners doth efflagitate a change of laws , and that there is no law so honest and inviolable , or so deare , even by the shew of antiquity it selfe , but that , necessity so requiring , it may & ought to receive a change . salus populi , suprema lex esto : the peoples safety is the chiefest law . to conclude , if that kings and princes , breaking all bonds of laws ( which yet god forbid they should ) doe falsifie their promises , and disrespect their vowes , making no account of what they have engaged themselves to by their protestations ; yet the people must not rise up in rebellion against them , or shake off the yoake of obedience from them , seeing they are to have no other than god himselfe to be their judge and their avenger . chap. ii. the svbjects loyalty , or , the duty of subjects to their kings . having in the former chapter set forth unto you the royalty of kings over their subjects : where i have declared their originall from god , and their end , next to god , their subjects good ; and that though they should come short of that end for which they were constituted and ordeined , yet they ought not to be cut short by the people under them , but are to be reserved to the judgement of god , next to whom they are second here upon earth , and under whom they have no superiour , being above all laws of men , and themselves a law unto their subjects : i now come to describe unto you the loyaltie of subjects towards their kings , and the peoples duty . for , a king and subjects being relatives ; and the formall cause of a kingdome consisting in that order which is betweene the king and his subjects ; by which he rules , and they submit ; he governe , and they be governed ; he commands ; and they obey ; it is very requisite in these miserably distracted times , where most men would shake off the yoke of obedience from their shoulders , and live as they list without all order : that , having spoken of kings and their power over their subjects , i should now say somwhat of subjects , and their duty to their kings . and here , that we may the better setforth their duty , it will not be amisse to expresse their nature : for , so knowing what they be , we shall the sooner come to know what they must doe . now if wee consult bodinus about them , he will tell us , that subjects are those , who are bound to maintain , and fight for the dignity & safety of their prince as for themselves : and to have the same friends and enemies with their prince . or , as others doe describe them : subjects are a part of the common-wealth , which are obliged to the supreme power , even to all that they have : and for this cause it is , that they doe enjoy all the priviledges of the weale publike . this is the nature of a subject . but then , if any should aske me who are subjects as well as what are subjects ; i must again have recourse to the politicians ; who do give us to understand , that by the name of subjects , we are to take notice of the multitude of men , which are governed ; or rather , who submit themselves to be governed . and in this name , we must comprehend all , and every one , of what state and condition soever they be , that are in that city , provance , & countrey , where a magistrate is the head : for , so many as do belong to a common-wealth , doe appertaine to the one part of it : viz. they are referred to be either magistrates , or subjects : whence it follows , that the name of subject is more general than that of citizen , specifically and properly so called ; although in writers we finde them to bee promiscuously used . for , he that is a partaker with others of publike honour and dignity is properly a citizen : but hee that partakes onely of burthens and taxes , & not as wel of honours and dignity in the common-wealth , where he resides & lives , is not a citizen , but a subject . they are termes contrariant , not reciprocall . every citizen , is a subject : but every subject , is not a citizen . there is also another disagreeing respect , for a citizen is so called , in respect of his native countrey or common-wealth , where he is borne , or to which he is ascribed : but he is a subject in respect of that magistrate which he obeyes , wheresoever he is . now men are said to be subjects two manner of wayes ; either by their nativity and birth ; or by their dwelling and habitation . that a mans nativity and birth doe make him to be a subject , is plainly evidenced ex l. assumptio . § . ad municip . filius civitatem , ex quâ pater ejus originem duxit , non domicilium sequitur . a sonne follows the city from which his father doth derive his originall , not his house . and if a man be born of parents of divers cities , he follows the condition of his father , not of his mother . l. municip . . § . f.eod. the house , or dwelling , in which any doth fixe and settle the seat of his fortunes , doth make him a subject . but what space of time is required to contract a house or dwelling , the interpreters of law doe varie : because , in this thing the laws and manners of every particular common-wealth is to be respected . agreeable to this , is that distinction of the jurisperites , who discriminate subjects by a naturall , and a voluntarie obligation . he is a subject , say they , by a naturall obligation , who is borne under the jurisdiction , and in the dominions of that magistrate , to whom he is subject : and he is a subject by a voluntary obligation , who willingly and spontaneously offers himselfe to any magistrate , and acknowledgeth him for his supreame head , although he be not born within his territories and dominions . to which two sorts of subjects , we may , not without good reason , adde another species , viz. such a one , as being vanquished in warre , is made subject to him that did subdue him . for , when a prince or magistrate overcomes any in a lawfull war , they are then made subject to his jurisdiction and power . but be they subjects these , or any other wayes , they are bound , whosoever they be that are subjects , to yeeld obedience to him who is their prince and governour . if any should doubt of the truth of this assertion , ( because the contrary doctrine is now broached and published by our novel divines ) let him but consult the apostle to the romanes , ( unlesse perchance for the same tenet he be held a malignant ) and he will satisfie him : let every soule ( saith he ) submit himself unto the higher powers . they are his expresse words , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . in which universall precept he includes all , of all orders , and states , all sexes and conditions . as if hee should have said : all , whatsoever they be , that do live in a common-wealth , must submit themselves to the supreme magistrate , that is the head of that common-wealth . so that , in the apostles precept , we have not onely implyed the qualities of their persons that are subjects ; but we have also expressed the nature of their duties : viz. subjection and obedience . we shall not need to goe farre then to search after the duty of subjects to their prince : the apostle he hath done it to our hands : it is obedience . and so the augustane confession in the . article doth acknowledge it . the first commandement of the second table , which ( as the apostle speaks ) is the first commandement with promise , doth set forth this duty by the name of honour . for so we read it in the decalogue , honour thy father and thy mother , that thy dayes may be long in the land which the lord thy god giveth thee . exod. . . where , by father , according to the unanimous consent of all divines , we are to understand , not onely our naturall father , that did beget us ; but our spirituall father also , that doth teach us ; and our civill father likewise , the king , who is pater patriae , the father of our country , that doth protect us . and then , by honour which we are commanded to yeeld to this father , we are to conceive all those duties which are comprehended in it . now the politicians doe tell us , that this name of honour , doth consist of sixe severall members , which doe imply as many severall duties , which every subject is bound to performe to the prince his head , viz. agnition , reverence , love , obedience , gratitude , and equity . the first member , wherein this honour doth consist , and the first duty , which every subject is to performe unto his prince , is agnition : that is , an acknowledgement of gods ordinance in the office of the prince . for god will have his owne ordinance to be acknowledged in the civill magistrate ; and that we doe conceive of him , as constituted by god : seeing that as the apostle speaks , there is no power but of god ; and the powers that be , are ordained of god . after which manner , did the woman of tekoah conceive of king david , when as she being sent by joab to intercede for absolom , that he might returne from his banishment into the kings favour : for as an angel of god , ( saith she ) so is my lord the king , to discern good and bad . and a little after , my lord is wise according to the wisdome of an angel of god . and so did mephibosbeth esteem of him , when as he did compellate him with the same title : but my lord the king , is as an angel of god . which agnition and acknowledgement of gods ordinance in him , is a notable meanes to stir up our obedience to him . the second member wherein this honour doth consist , is reverence : when as , subjects look upon their prince not onely as a man , but as a man of god ; and reverence , not so much his person , as his office . for the king is gods legat , and his vicar , presenting his person . and therefore saint peter , when he exhorts to the feare of god , he doth annex the honour of the king : as if there can be no true feare of god , without due reverence to the king , who presents gods person . for which cause , solomon the wisest of men , & richest of kings , doth joyne the feare of god and the king together : the king , for presenting gods perion is called god , not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as plato styles him , as a god amongst men ; but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , an earthly god , being gods minister . yea , as the prophet david , and before him moses , god himselfe . yea , to goe farther , god himselfe doth so call him , ego dixi , i have said it , ye are gods . which yet we must not understand , as if they were so {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , indeed ; but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} in name : not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , by nature ; but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , by office . and so much the very heathen did acknowledge . for it is reported of philip of macedonia , that he was wont to say , that a king ought to remember , that he being a man , doth discharge the office of god : and the office which he doth execute , is from thence named {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a power like unto gods . whence it is , that s. augustine saith , the king bearing the image of god , ought therefore to be reverenced , if not for himselfe , at least , yet for his office sake . the third member ; wherein this honour doth consist , is love . and it is another duty of subjects to love their princes : not onely for their office , which they , in the name and place of god , do undergoe ; but for the manifold benefits and commodities which they receive from them , by their happy government : thus was king david accepted in the eyes of all the people , whither soever he was sent . kings , as you heard , are patres patriae , fathers of their country ; and therefore subjects ought to respect them with a filiall love , even as children do love their fathers . a fourth member , wherein this honour doth consist , is obedience : subjects must willingly , and readily yeeld obedience , to all the just and honest commandes of their princes , which do no wayes repugne the lawes of god . they must not onely acknowledge , reverentiam subjectionis , a reverence of subjection ; but they must also give them obedientians jussionis , an obedience to their just commands . for , as saint chrysost 〈◊〉 observeth : a people that obeyeth not their prince ; is like to them that have no prince at all : yea , and in a worse estate : for you cannot call that a kingdome , where the king is neglected , and his laws not observed . he seemeth to mee to have lost his kingdome , saith the philosopher , who hath lost his due obedience from his subjects . and therefore subjects must obey their prince , not onely for feare of wrath , that is , to escape punishment , if they neglect their duty ; but also for conscience sake , as the apostle teacheth , because god commands them . the fift member , wherein this honour doth consist , is gratitude . subjects are bound , by way of thankfulnesse , to honour their princes , if it were for no other reason , but because they do dayly enjoy the benefits of peace , prosperity , and protection by them . which gratitude must expresse it self by two other virtues , as necessary as it self ; and without which , it cannot subsist : and they are these : verity and justice : verity , in acknowledging what great blessings , favours , and emoluments they receive by them ; and justice , in endeavouring to make satisfaction , and compensation for them . and for this cause it is , that they pay them tenths , subsidies , customes , and tributes : without which , not the king onely , but the kingdome also , would be debilitated and go to ruine . in these tributes and contributions , ( saith ulpian ) there is none but may know that the strength of a kingdome doth consist . they are the very nerves of a common-wealth . they are , saith cicero , the ornaments of peace , and the supporters of war . it is impossible , said the emperour , that otherwise a republique could be conserved , if it were not for the religious observation , and due collation of tributes . the necessity of which , menenius agrippa , in livie , would teach the romans , with this not more wittie than apposite apologie : for , as if food and nourishment be denyed to the belly , the whole body must of necessity languish and waste away by a consumption : so , if you with-hold subsidies and tributes from the chiefe magistrate , the common-wealth must of necessity come to ruine . and therefore wel said tacitus , you soone teach the dissolution of an empire , if you diminish the revenue , by which it should be sustained : nay , if , as lipsius hath it , you doe not sometimes augment them . lastly , the sixt member wherein the honour of subjects towards their prince consists , is equity . which is a vertue , whereby every subject is bound with candour , either to cover the imperfections and errors of his prince , and to interpret them in the best sense ; or , by a prudent dissimulation to passe them by , and take no notice of them : or , if the reason of his place doth so require it , by moderate counsels and admonitions to endeavour to reforme them . for , that which is spoken unto children by the son of sirach , every true subject ought to apply it to himselfe : glory not in the dishonour of thy father : for thy fathers dishonour is no glory unto thee : for the glory of a man is from the honour of his father . and we cannot but be knowing of chams curse , for laying open , or not covering his fathers nakednesse . it is the office and duty therefore of every subject , according to their respective places , not to discover , but rather to cover and conceale the naeves , infirmities , and imperfections of their princes ; and , as opportunity shal serve , in an humble way , seek by wholsome admonitions , and moderate counsels , to reclaime them . this was luthers doctrine , that great instrument of reformation , which at this day is so much pretended . the office of subjects , saith he , doth require , that they doe declare unto princes what they know not . for , as princes may sinne by not knowing those things which they doe to , be sins ; so , subjects may sin more in not shewing to princes those things which they doe to be sins . the one sinnes by ignorance , the other by negligence . and to this end he alledgeth that passage of abimelock king of gerar : who having taken to himselfe abrahams wife , because abraham had told him she was his sister ; and being warned by god in a dreame to restore her to him ; did lay all the fault upon abraham , because he had no sooner imparted the villanie and wickednesse of his courtiers unto him . and thus you see wherein the duty of subjects consists : either in one word of obedience , as saint paul expresseth it : or in one word of honour , which comprehends acknowledgment , reverence , love , obedience , gratitude and equity , as the fift commandement doth desire it . so then , to bring all to a head : all , and every subject , are bound to submit themselves unto their princes , in those things which they command , not being contrary to the laws of god , and the laws of nature . it is true , that in the apostles times , there were some , who absurdly interpreting the holy scriptures , as too many now , fanatically given , by an unknown spirit ; and extending their christian liberty further then the simplicity of the gospel would permit them , did maintaine , that it was a most unworthy thing , that they , who were freed by the sonne of god , and governed by the spirit of god , should be under the power of man . of this leaven , was judas of galile , of whom we 〈◊〉 in the acts of the apostles . he , as joseph 〈◊〉 late 's , taught , that by the law of god , none ought fit to be called lord , but god himselfe ; and that there was no obedience due to the politique magistrate , no tribute to caesar . after them , sprung up the donatists , anabaptists , and their disciples , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , all birds of an ill brood , who did likewise reject the command of the civil magistrate . lastly , the pontisicians , though not in the same manner , did oppose the power of princes , cavilling with the civill authority , and maintaining that their clergie can by no means be punished by a civill judge : or compelled to appeare before the tribunall of a secular magistrate ; but that all their goods , as well ecclesiasticall as civill , 〈◊〉 free , and so ought to be from the tributes and taxes of secular princes . all whose erroneous tenents , and opinions , the spirit of god having confuted in his holy word , doth exactly and precisely determine the contrary ; expresly setting forth , and commanding the office of subjects to their princes . s. paul , as you heard , gives this exhortation : let every souls submit himselfe unto the higher powers : rom. . . he excepts no order , nor sex , nor condition , nor any thing that hath the nature of man . and a little after , render wherefore unto all their dues : tribute , to whom tribute is doe ; custome , to whom custome ; fear , to whom feare ; honour to whom honour . and , in his epistle to titus , he layes a charge upon him , then bishop of 〈◊〉 , that he should give it in charge to the cretians , to be subject to principalities and powers , to obey magistrates , and to be ready to every good work . tit. . . so in his first epistle to timothie : i exhort , saith he , that first of all , supplications , prayers , intercessions , and giving of thanks be made for all men : for kings and for all that are in authority , that we may live a quiet and a peaceable life , in all godlinesse and honesty : the same thing , before saint paul , yea , before our saviour himselfe , as he was in the flesh , did the prophet jeremiah exhort the jews unto , that were exiles from their own countrey in assyria : and that not without especiall command from god , that they should pray to god for the safety of the king , and the kingdom of babylon , where they were captives ; and withall , he doth sharply reprove the rashnesse of those false prophets , who by vaine promises , and hopes of immature libertie did incite them to rebellion . thus saith the lord of hosts , the god of israel unto all that are carried away captives , whom i have caused to be carried away from jerusalem to babylon : seeke the peace of the city , where i have caused you to be carried away captives ; and pray unto the lord for it : for in the peace thereof yee shall have peace . nor , is saint peter backward to informe the strangers scattered throughout pontus , galatia , cappadocia , and bithynia , with the same doctrine . submit your selves , saith he , to every ordinance of man , for the lords sake : whether it be to the king , as supreme ; or unto governours , that are sent by him : and presently after , feare god : honour the king . from which wholsome doctrine of saint paul , the prophet jeremiah , and saint peter , you may see , not onely the pernicious tenets and positions of those , and all other schismatically affected reformadoes , alias renegadoes , confuted ; but the truth of obedience , due to the civill magistrate confirmed : and , that in obedience , honour , reverence , tributes , and other duties , formerly mentioned , to be by subjects performed to their princes , comprehended and enjoyned . but , to what kind of princes do the apostles &c prophets in scriptures enjoyne these duties to be performed ? that wil be a question wel worth the time to be resolved , especially at this time , when every one almost doth take the liberty to himself ; peremptorily to affirm that subjects ought not to give obedience to their king , if he doth not , as they they would have him , & wil not be perswaded & ruled by them . for say they , it would not bee grievous or irksom to us to yeeld obedience and that respective observance , w● you have alleadged fro the holy scriptures , unto good & gracious princes ; but it goes against our consciences to performe these duties to one king , seeing hee swerves from the holy scriptures , which are the word of god ; and wil not be ruled by his great counsel , but is seduced by malignant councellors , to wicked and ungodly acts of tyrannie . to this , i answer ; that if our gracious king ( which god forbid ) should degenerate so far from himself , as to comit such outrages as they would suggest ( which blessed be god as hitherto he hath not , nor is there likelyhood that he ever wil , although , if he were not so good and so gracious as he is , he might soone by their rebellious carriage be invited to it ) yet they are bound in duty to performe obedience to him ; and not of as too many abuse 〈…〉 , &c misled , do , hand over headrise up in rebellion against him . for , if we consult the same apostle , and other places of the holy scriptures , we shall finde , that the forementioned duties , are not only to be performed to good and gracious princes ; but even to wicked and tyranicall , even , to those that are most cruel ; as were tiberius , caligula , claudius , nero : for under all these the apostles lived , & their epistles coetanie to them , directed for obedience to them . nor is it without good reason , that such obedience should be given to them : for , they are of god , as well as good kings : there is no power ( saith the apostle ) but of god : that is , all power is from god onely . for that negative apostolicall axiome is equipollent on all sides to an universall affirmative . so daniel telleth nebuchadnezzer , that the most high ruleth in the kingdome of men , and giveth it to whomsoever he will , and setteth up over at the basest of men . so christ himselfe pronounceth of pilate , that wicked president of the jews , that he had no power over him , were it not given him from above . and therefore , seeing their power is alike from god , we must give the like obedience to them , as to god . it was the saying of him , who sometimes was nazianzens worthie , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} subjects must submit themselves to good and gracious princes , as to god : and they must submit to evil and ungodly princes , for god : that is , because god hath so commanded it . let us heare the fathers a little farther in this point , and we shall finde that they doe all unanimously give their votes unto it . tertullian , if we addresse our selves to him , resolves us in these words : for as much therefore as concernes the honour of kings and emperours , we have a sufficient prescript that we should be subject , according to the apostles precept , in all obsequiousnesse to magistrates , princes , and higher powers . but yet within the bounds and limits of religion , so far , as we are separated from idolatrie . for therefore is that example of the three brethren excelling , who otherwise obsequious to king nabuchodonosor , did most constantly refuse to give honour to his image ; proving that it was idolatry , whatsoever was exalted above the measure of humane honour , after the manner of divine majesty . and so daniel relying upon darius forother things , so long continued in his office , as he was free from the danger of his religion : but rather then he would run that hazard , he did no more feare the kings lyons , then the others were afraid of the kings fornace . optatus milevitanus , speaking of davids observance to king saul , hath these words : david had the opportunity of victory in his hands : he might have killed his adversaries , unwitting of him and secure , without much adoe , and he might have changed , without much bloud-shed , or the conflict of many , his tedious warfare into a sudden slaughter : both his servants and opportunity did invite him to it . opportunity did spur him on to victory . now he began to draw his sword : and now his armed hand was ready to seize upon his adversaries throat : but the remembrance of divine institutions did altogether withstand these intentions : he contradicts not onely his servants , but opportunity , egging him on to victory . as if he should have said thus unto them : o victorie , causelesly dost thou provoke me on : o victorie , thou dost in vaine invite me to triumph : i would willingly overcome mine enemie , but i must first observe the commands of god . i will not ( saith he ) lay my hands on the lords anointed . he did represse both his hand and his sword ; and whiles he did revere the oyle , he saved his adversary ; and performing observance to him , though his adversary , he did vindicate him from slaughter . saint augustine speaking of the same person , speaks in this manner : david well knowing that there was a divine constitution in the office of kings , doth therefore still honour king saul , being in the same condition , lest he should seeme to injure god , who decreed honour to this order . for a king hath the image of god , even as a bishop the image of christ . so long therefore as he is in that condition , he is to be honoured ; if not for himself , yet for his order . whereupon the apostle saith , be subject to the higher powers , for there is no power but of god , and the powers that be are ordained of god . hence it is that we doe honour an infidel in authority , although he be unworthy of it ; who performing gods office in that order , doth gratifie the devil : yet the power he hath , doth require that we give honour to him , &c. and in another place : but in that the apostle saith , let every soule submit himselfe to the higher powers : for there is no power but of god : he doth rightly admonish , that no man be puffed up with pride , for that he is called by the lord into liberty , and made a christian ; and that he doth not think there is no order to be kept in the course of this life ; and that he is not to be subject to the higher powers , to whom for a time the government of temporall things is concredited . and a little farther , if any man therefore think , that because he is a christian , he is not to pay custome , tribute , or due honour to those higher powers , to whom those things of right doe appertaine , he is in a great errour : but this rule is to be observed which the lord himself prescribed , that we give unto caesar , the things that are caesars , and unto god , the things that are gods . s. jerome , whose sentence is inscribed among the canons , saith thus : if it be good , which the emperour , or magistrate , commands , obey the will of him that commands : but if it be evill , answer him out of the acts of the apostles , it is better to obey god then men . s. chrysostome , upon the words of the apostle , let every soule submit himselfe to the higher powers , thus descants : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . although thou beest an apostle , although an euangelist , although a prophet , or whatsoever else thou beest , thou must submit . s. ambrose thus expresseth himselfe : i could grieve , i could weep , i could mourne : my teares are weapons against the armies and soldiers of the goths , for such are the weapons of a priest . otherwise , i neither ought , nor will resist . bernard to lodowick king of france , writes in this manner : but whatsoever it shall please your majesties mind to doe , we that are the sonnes of the church , cannot , in the least , dissemble the injuries , contempts and scorn even to the trampling under foot of our mother , &c. and a little after , but we will stand out , and fight even to the death , if necessity shall require , for our mother : but with such weapons as are lawful for us to use : not with swords , but with words ; not with shields , but with prayers and tears to god . and in another place , if the whole world should conspire against me , to make me attempt any thing against royall authority , yet i would feare god , and would not dare to doe any thing rashly against the king , that is ordained by him . for i well know where i have read , whosoever resisteth the power , resisteth the ordinance of god , &c. amongst later writers , cardinall cajetan thus comments upon saint paul : after that the apostle had instructed the romans about the use of the body , affaires of the world , and the gifts of god ; he doth now prosecute his instruction about the use of liberty in respect of princes . for he gives them a caution , lest by reason of the liberty which they had obtained by christ , they should think themselves to be exempted from the power of secular princes . and to this end he doth instruct them , that they should be subject to secular powers . and whereas he ought to have said , every man , he doth more significantly say , every soule ; that so we might understand , not only our estates , not onely our bodies , but even our souls ought to be subject to temporal kings , in those things which they may lawfully command . and in saying all , or every , he excepteth none . see , how the fathers doe , with one consent vote that we must give obedience to kings , although they be wicked , in all things that are not unlawfull ; that honour , tribute , obedience , and the like , must be given to lawfull princes ; and that there is no other remedy against their violence and injustice , but prayers and teares to almighty god . what , doe we think that they were destitute of strength , that they could not oppose one power with another , or repell one injury with another ? were they so stupid and ignorant that they did not understand what power was in the pope or people , to reduce their kings into good government ? they wanted neither power to resist , nor forces to rebell , if we dare give credit to tertullian , ( who yet is of sufficient authority and antiquity to be beleeved , even without our assent ) thus writing in his apologie against the gentiles . but far be it that either the children of god should be exempted from the furie of man ; or that they should grieve to suffer in that thing wherein they are tryed . for if we would take upon us to be open and professed enemies , doe you think that wee could want money or men ? are we not more in in number then the moores , and marcomanns , & the parthians themselves , or the gentiles , how great soever they be , let them be but of one place , and of their neighbours adjoyning unto them , yea , then of the whole world besides . we are but of yesterday , and yet we have filled all places among you : your cities , islands , cittadels , burroughs , assemblies ; your very camps , your tribes of the common people , decuries of the judges , palaces , senats , judicatories ; onely we leave your temples to your selves : for what war have we not been fit , and ready to manage , even with fewer forces , who thus willingly suffer our selves to be put to death ; if that we were not disciplined by our religion , that it is more lawfull for us to be killed then to kill ? thus far tertullian , with whom s. augustine is not discrepant : you may find his sentence to be registred among the canons in these words : julian was an infidel and unbeleeving emperour ; was he not likewise an apostate , an enemie , an idolater ? yet the christian soldiers served under this unbeleeving emperour . when they came to the cause of christ , they did acknowledge none but him that is in heaven ; when he would have them to worship idols , and to sacrifice , then they did prefer god before him : but when he said unto them , lead forth the armie , & go against such a nation , they did presently obey him . they did distinguish the lord eternall from a temporall lord ; and yet they were subject unto their temporall lord , for their eternall lords sake . when jovianus after the death of the fore-named julian was elected by his armie to be their emperour , and he refusing , began to speake in these words unto them : i cannot , seeing i am a christian , command such men , nor take the government upon me , of julians armie , which he hath imbued with such venemous precepts , and pernicious discipline . which , and words of the like nature , when the souldiers had heard , they began to shout with one acclamation , and say : o emperour , let not your minde be troubled with such doubtings , nor yet wave the command of us , as if we were prophane and wicked , for you shall finde both christians of us , and men disciplin'd in piety to doe you service . from which recited places , it may appeare that it was no such difficult matter for the christians in the primitve times to have coërced their emperours , by whom they were miserably afflicted , and most cruelly used , if it had beene lawfull for subjects to rise up against their princes . but if those forementioned fathers , endued with no lesse science then conscience , and furnished with as much knowledge as zeale , had thought it lawfull , either for the pope , or the people , or any other men to regulate their princes , as they thought fit ; without all question , they would never have suffered themselves and the whole church of god , to bee so cruelly oppressed by those wicked emperours . but as they did most freely reprehend their vices , so they would at least have admonished them of their office , if they had beene wanting to it . but when they knew that kings ( as have beene formerly , not onely touched , but oftentimes urged ) have onely god to be their judge and their avenger ; hence it is , that they did only flee to him , and piously and happily implore his aid . these things ( saith nazianzen ) did julian meditate and deliberate , ( as those that were witnesses and co-partners of his secrets have imparted and divulged to the world ) yet hee was restrained by the ordinance of god , and the teares of christians , which were then many , and shed by many , seeing they had no other remedie against their persecutors . the like may be said of divers other wicked princes , who have either beene taken away by the singular providence of god , or at length reduced to a better minde : for god who is the father and judge of all alike , doth oftentimes most justly send ungodly princes unto a people for the punishment of their sins : although , they minding nothing lesse , than the justice or purpose of gods wil doe most unjustly . shall there be any evill in the city ( saith god by the prophet amos ) which the lord hath not done ? but no sooner doe subjects repent them of their sins , and depart from their evil courses , but god ( in whose hands the heart of kings is , and which way soever it pleaseth him , as the rivers of waters , he doth incline it ) according to his great goodnesse and singular mercie , wherewith he is affected towards afflicted penitents , makes those wicked princes either cease to be , or to bee tyrants . vengeance is mine ( saith the lord ) i wil repay it . this is the onely fort and sure defence against all injuries of wicked kings : they are the weapons that are to be taken up against ungodly princes : and , this , lastly is the most expedite way to pessundate all tyranny . but then you will say , if the king should make aprey of his subjects , and impose greater taxes on them , and exact more grievous tributes and customs on them , oppressing all and every one of them with his tyrannicall power , shall we not in this case resist and oppose him ? for answer of this , i must tell you , if we will be as we professe our selves to bee , christs disciples and obey his word , which we desire , at least pretend , above all things to be sincerely preached unto us , wee must not resist him . now what saith christ . but i say unto you that yee resist not evill , &c. our lord and saviour jesus christ , being king of kings , and lord of lords , as he is stiled in holy scripture , yea and the sonne of kings according to the flesh , being of the seede of david , yet lest he should give offence , though he were free , payed tribute to caesar ; for so wee finde him discoursing with peter : the kings of the earth , of whom doe they take custome or tribute , of their owne children or of strangers ? peter saith unto him of strangers . jesus saith unto him , then are the children free ; notwithstanding lest we should offend them , goe thou to the sea and cast an booke and take up the fish that first cometh up , and when thou hast opened his mouth thou shalt finde a peece of money , that take , and give for thee & mee . hereupon bernard to henry then arch-bishop of the senones thus elegantly writeth : let every soule bee subject to the higher powers : if every soule , then yours ; who doth except you from the universality ? if any endeavor to deceive you , hearken not to their councols , who seeming to be christians , hold it yet a disparagement to them to follow the deedes or observe the words of christ their master . and a little after : these things , saith he , doe they ; but christ he did both bid otherwise , and did otherwise : give unto caesar the things that are caesars , and unto god the things that are gods . what he spake with his tongue , hee performed with his hand ; as he taught so hee wrought : the maker of caesar did not deny to pay tribute to caesar , for he gave an example to you , that you should also doe the like . and a little farther he saith to this purpose . doe you contemne the saecular power ? none was more saecular then pilat before whom our lord stood to be adjudged . thou couldst have no power ( saith hee ) over me , if it were not g●ven thee from above ; even then did he speake by himself , and in himselfe shew , what afterwards he did by his apostles in his church . that there is no power but of god , and that hee that resisteth the power , resisteth the ordinance of god . before bernard st. ambrose wrote to the same purpose . if the emperor demands tribute , we doe not deny it : the lands of our church do pay him tribute : if he requires our fields , he hath power to lay claim unto them ; none of us doe interpose or withstand him . the collation of the people may redound to the poore ; let them not conceive displeasure about our fields , let them have them if they like them ; i doe neither give them the emperor nor deny them . and againe , i was commanded by the court officers and tribunes , to make a speedy surrender of the church , they alleaging that the emperor doth but use his right in demanding it , for as much as all things are in his power . i made this answer , that if hee did require of me what was mine owne to give , viz. my ground , or my goods , or any thing of the like nature , this my right i would not deny him ; although even those things of mine are the poores also . very excellently st. ang. but whereas the apostle saith , wherefore yee must needes bee subject ; it is as much as if hee should have said , there is a necessity for this life that we be subject , not resisting ; if they will take any thing away from us , in that they have power given them over our temporall things . now then , if it were not lawfull for subjects , without sin , to resist their kings when they did exact unjust tributes of them , and by violence take away their estates from them ; much lesse may we deny to princes just tributes , & other things of the like nature , which are requisite and necessary for the safety of the common-wealth , and cannot bee denied without its certaine ruine , and the great hazard of the whole christian policie . in the law of moses we reade , that the man that would doe presumptuously , and would not hearken to the priest ( that stood to minister before the lord , or unto the judge , even that man was to be put to death . and since by the lawes of men they have proceeded no lesse severely against rebels . but most strict is that law of god promulged by the mouth of the apostle : therefore whosoever resisteth the power , &c. resisteth the ordinance of god , and they that resist shall receive to themselves damnation : that is , as all divines expound it , temporall here ; and , without repentance eternall hereafter . and as for those that doe calumniate and derogate from the power , &c. of princes here , by their seditious words , and scandalous writings , although perhaps they may escape the hands of men ; yet they shall never avoid the judgements of god , from whose all-seeing eye of providence nothing can bee hid , against whose omnipotent power nothing can resist , and by whose most just judgements no wickednesse can goe unpunished . no lesse wittily then pithily st. ang. for whereas the doctrine of the apostle doth make mention of these earthly powers , he doth insinuate into our apprehensions even the parts of the heavenly judgement . for whenas hee doth enjoyne us to obey the lawes of the world , hee doth necessarily admonish us to take heed of the world to come . if thou wilt not , saith he , feare the powers , doe that which is good , which is as much to say . if thou wilt not fear the judgement to come , then eschew evill and doe good whilest thou art here . therfore we ought to take heed , & performe the first forme of this constitution , which wants the lawes of this life , that we may exclude & keep from us that fore-judgement of eternall death in the other life ; because those whom this temporall punishment doth not take hold of here ; there that eternall punishment wil follow with insufferable torment hereafter . amongst other examples of the judgements of god upon rebellious , gainsaying and disobedient persons , we have that dreadfull and horrible example of corah , dathan and abiram , in the holy scriptures , which the spirit of god sets downe as a warning to us , that we fall not into the like contradiction , lest wee fall into the like condemnation . of whom optatus milevitanus writing against the donatists , who did refuse to obey their magistrates ( as too many of the smectymnuan rout , & antipodian state doe now amongst us ) thus delivers himselfe . schisma summum , &c. that schisme is a great evill , you your selves cannot deny ; and yet without the least feare you doe imitate your most desperate ring-leaders , corah , dathan and abiram , nor will you set before your eyes , or once take it into your hearts that this evill is both prohibited by the word of god , and revenged with a most grievous judgement . and a little after : the congregation of ministers , and the sacrilegious multitude that was soon to bee confounded did stand with their inter dicted and forbidden sacrifices ; time for repentance was denied and withheld from them , because their fault was such , as it deserved no pardon . a command of hunger was laid upon the earth , which presently opened her greedy jawes upon them that caused division amongst the people , and with an insatiable mouth did swallow up the contemners of gods word . in a moments space the earth clave asunder to deuoure those fore-named separatists ; it did swallow them up , & then was closed againe upon them . and lest they should seeme to receive a courtesie by their soddain death ; as they were not worthy to live , so they were not vouchsafed to die . upon a suddaine they were cast into the prison of hell , and so buried before they were dead . st. aug. having occasion to speake of the same separates , cap. . of the wonders of the holy scripture speaks to the same purpose , & cap. . of the same book , he doth thus enlarge his meditations : again the next day the whol multitude gathered themselves together against moses and aaron as guilty of blood and would have slain them , in revenge of those that were killed ; but here both moses and aaron come before the tabernacle of the congregation , and again the wrath of the lord went forth and raged amongst the rebellious people : and againe aaron at the command of moses , filling his censer with fire from off the altar , ran into the midst of the congregation , and standing between the living and the dead , the plague was stayed . a just judgement inflicted on both , that they who did inwardly burne with the fire of anger against their lawfull princes , should now outwardly perish with the burning flame of most deserved vengeance ; & he that in his heart had forgiven the offence of his brethren , by his footsteps others being defended , the fire from heaven durst not consume ; but they that died of the plague that day were . whom the wrath of the lord consumed . wherefore to draw to a conclusion , as the apostle admonisheth and comandeth , we must needs be subject not only for wrath but also for conscience ; because as s. peter saith , this is the will of god that with well doing wee may put to silence the ignorance of foolish men , as free & not using our liberty for a cloake of maliciousnesse but as the servants of god . for although , as s. aug. hath it , we are called to that kingdom where there shall be no such powers , yet while wee live here in our journey thither , untill such time as wee shall come to that age , where there shall be an annihilation & ceasing of all principalitie and power , let us cheerefully and willingly undergoe our condition , according to the order of humane things , not dealing feignedly and hypocritically : and so doing , we shall not so much obey man , under whose command we are , as god , who doth command us to be obedient to them . therefore to use s. peters words , he that will love life , and see good daies , let him refraine his tongue from evill , and his lips that they speake no guile : let him eschew evill , and doe good ; let him seeke peace and ensue it ; let him beare in mind that commandement of god , thou shalt not revile the gods , nor curse the ruler of thy people . and not forget the councell of the preacher , curse not the king , no not in thy thought , for a bird of the ayre shall carry the voice , and that which hath wings shall tell the matter . but let him embrace the councell of king solomon , not only the wisest of kings , but of all other men . my son ( saith he ) feare thou the lord and the king , and meddle not with them that are given to change ; for it is our saviours saying , who is truth it selfe and ought to be beleeved before all our pretended reformadoes , whosoever shall take up the sword , especially against gods annoynted , contrary to the word of god , shall perish with the sword . and thus having gathered certaine flowers out of the garden of divinity , philosophy , history and policy , to make a crowne for royalty , and a nosegay for loyalty , there wants nothing now but that same thread of charity ( which the apostle casseth {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the bond of perfection ) to constringe and binde them together ; and indeed to use s. chrysost. similitude , as flowers be they never so choyce and rare , yea the prime darlings in natures garden , and be they never so exactly composed and set in order , yet if they be not as perfectly combined & tyed together , hey fall away from one another and come to nothing . in lik● manner although a man should compose an anthologie of never so excellent precepts , sentences and examples out of the garden of divine and humane writings , and propound them as so many sweet flowers to the use and benefit of the common good , yet if there bee not the hand of charity to receive them , and the eye of candor for to reade them , and the heart of sincerity to apprehend them , and tye them together with the constriction , or rather the construction of love ; like flowers that are not tyed together , they fall to the ground and become uselesse . and s. chrysost. reason that hee gives there will hold here likewise , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . for without love they will soone dissolve , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . it is love alone that knits them fast , and keeps them together , making them usefull for the church of god , which otherwise would doe no good . and therfore having selected and culled out variety of choice sentences , precepts and sayings , both out of ancient and moderne writers as well humane as divine , and they as well protestants as romanists , and such as have been approved and honored by the judgement of the learned even of the adversaries , to set forth to the world the royalty of kings and the loyalty of subjects ; i humbly tender them to the consideration of both , his majesty our royall king & the parliament his loyal subjects ; that so if there be any thing in them , which shewing the power of the one , and the duty of the other , may tend to the repayring of that great breach , by a happy pacification , between the king and his people , which being at first begun with faction , fomented with feares and jealousies , and continued thus long with malignancy of affection , is likely to bring both king and parliament ( without the especiall providence of god preventing ) to utter ruine ; i shall attain the happy end that i first did ayme at : and for that which remaines in me to effect it , i shall turne my pen into a petition , and these occasioned collections , into religious ejaculations ; that god would be pleased to vouchsafe such a happy concurrence of opinions , and unanimity of affections between the king and his parliament ; that ( all feares and jealousies being laid aside on both sides ) the king would be graciously pleased to condiscend , as far as with his honor he may , unto his parliament ; and the parliament would humbly addresse themselves to comply , as far as it may stand with the good of the commonwealth , with the king ; that so royalty and loyalty , like mercy and truth meeting together , and the king and his parliament , like righteousnes and peace , embracing each other , the king may stil enjoy his regalities and prerogatives without farther alteration , and the parliament may still retain their ancient priviledges and immunities without any more interruption : that so the king , the head , may be happy in the parliament , his members , and the parliament , the members , reciprocally happy in the king their head ; and the whole kingdom , by this c●ment of charity , happy in both . which that it may speedily come to passe , is the hearty wish and darling desire , of him who for the accomplishment of it is , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . his gods most humble orator , his kings most loyall subject , his countries most affectionate patriot , ro. grossk . notes, typically marginal, from the original text notes for div a e- greg. lib. . moral . c. . aug. l. . de civ. dei c. . cic. de leg. . cic. ibid. arist. l. . pol. c. . chrysost. ad . pop. antioch . hom ● . tacit. l. . hut . soph. arist . pol. c. . sen. lib. . de clem . c. . casus sph. civi . p. . plat. dial . . arist. . pol. . cic. . de leg . salust . de conjur . caral . herod . l. . zech. l. . pol. c. . diodor. l. . polyd. virg. . de invent . rer. m. arrian . in hist. alex. messal . corvin . in lib. ad aug. herodot. . . bellar. de laic . l. liber homo . d●ad leg. aquil. gen . . exod. . . bellar. de ro. pont. l. . c. . cic. l. . leg. salust . bellar. de ro. pont. l. . c. . just . l. . l ne●o . d. de regul . jur . rom. . . ver. . epiph. cont. archon haer. . lip. . l. pol. c. . rom. . lip. pol. . c. . sen. de clem. . liv. li . . spud lips . arist. l. . pol. c. . sam. . . & se● . luther in post . super eu●ng . dom. . post trin. cor. c. . strigel , in . sam. . p . sam. . . l. legis virtus d. de legibus . ille a quo §. tempestivum . d. ad sc. trebel . l. . d. de . recept. . qui arbit . arist. pol. . c. tacit. . . hist. arist. l. . pol. c. . cic. orat. . deiot. salust . de bel . jugurth . l. prince p● d. de legibus . dio . . const. harm. . . epit. tit. . eccles. . . wisdom . . . . irenaeus . . advers haeres . tettul . in apol. hieron. ep. . ad rustic . psal. . ambros. apol. prim . david . c. . aug. ep. . aug. de fa● . greg. l. . hist. c. . & aimoin . . . c. . otto f●sing in . ep. ad ercd. oenob . praef. . chron. . bellar. d● . laic . c. . l. sed licet d. de offic. praef. bellar. de rom. pon . . . c. . & . 〈…〉 . 〈◊〉 de regim. civ. num . . bodin de . rep. . . . philip . in epit. phil. moral . p. . brent . hom. . in . l. sam. osiander in notis d. h. l. deut. . , , . joseph . . . antiq. jud. c. . lyra in com. sam. . greg. l. . in . reg. c. . arnisaeus l. . de jur . majest. c. . n. . greg. l. . in reg. c. . king : . . sam. . . lips . pol. in praef. lips . ibid. feud . l. . tit. . regalia . mar. . . sen. . . de be nes . c. , . cit. off . , . tacit. . . hist. tacit. . . hist. cic. pro leg. man . just . l. . hist. pompon. l. . d. de orig. jur. ulpian l. . d. de constit . princip. l. si imperialis . c. de legib. & constit . princip. pro. . . aug. tract. . in euang. johan . & habetur dist. . can. quo jure . aug. l. . conf●s●e . & refertur dist. . can. quae contra . arist. l. . polit. c. . arist. l. . pol. c. . joan. bodin . l. . de rep. c. . joan. bo 〈◊〉 . l. . derep . 〈◊〉 bodin . l. . c. . l. . f. de legib. bodin . l. . de rep. c. . bodin l. . c. . & arnisae . pol. c. . keck . in syst . polit. l. . c. . p. . l. . f. de nat. resti . vult . de feud . l. . c. . n. . baldus c. . quae sit. reg. n. . & . mut. in vit. car. m. & car. . althus . in pol. c. . and tho. mich. de . jurisdict. . con. . . and . vult . de . feud . . . c. . n. . l un . c. de nund . jus saxon. l. . art . . and . . art . . l. humanum . c. de legib. & constit . princip. bodin . l. . de . rep. c. . ob. resol. notes for div a e- bodin de repub. pag. . colleg. polit. dithmar . disp. . thes. . l. assumptio . . §. . ad muncip . l. municip . sect. . f.eod. augustan : confess . art . . ephes. . . exod. . . deut. . . ro. . . sam. . . ver. . sam. . . pet. . . pro. . . plato in point . ro. . . 〈◊〉 . . exod. . . philip maced. in plin. paneg. aug. in lib. quest . v. & n. test. q●est . . sam. . . chrysost. arist. polit. rom. . . colleg. polit. dithmar . disp. ulpian . in● . in criminibus §. . f. de quaest. cic. pro manl nov. . c. liv● . . p. . tacit. . annal. lip. pol. . c. ecclus. . , gen. . . luth. com. in gen. c. . p. . gen. . act. . rom. . . titus . . tim , , . jer. . . . pet. . , . ver. . rom. . dan. . . : john . . greg. nazian. tertul. de idololat . optat. milev. . . cont. parmen aug : in quaest. ex vet. test . quaest. . aug. exposit . quar . propos. ep. ad r●m . propos. . hier. in ep. ad tit. & habetur . quaest. . can. si dominus . chrysost. in rom. . hom amb. . . orat . in auxent . bern. ep. . cajet. in ep. ad rom. . tert. in apologet advers. gent. c. . aug. in psal. . & habetur . quaest. can. imperatores . ruffin . hist. eccl. . l. . & theodor . l. . hist. c. . nazian. in orat . in julian . amos . . prov. . . object . resol. mar. . . mar. . . . . bernard ad hen. archiep. senon . ep. . amb. . . conc. de basilicis non tradend . haer●t . p. . ambros. l. . ep. . ad marcel august . exposit . quar. propos. ex epist. ad rom proposit. . deut. . . august . de jmper . see . ro. . . ● ptat . mi levit. cont. parmen. august . de mirac . sact script . c. . & . num. . . ● . . . pet. . ● . . august . exposi● . q●ar pro ●of . epist. ●d rom. proposit. ● . pet. . exod. . ● . ●ccles . . ● . pro. . . mat. . ● . conclusion . colos. . . chrysost. hom in coloss. . chrysost. ut supra . allegiance and prerogative considered in a letter from a gentleman in the country to his friend, upon his being chosen a member of the meeting of states in scotland. gentleman in the country. approx. kb of xml-encoded text transcribed from -bit 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) allegiance and prerogative considered in a letter from a gentleman in the country to his friend, upon his being chosen a member of the meeting of states in scotland. gentleman in the country. p. s.n.], [edinburgh? : . place of publication from wing. reproduction of original in british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng allegiance -- england. prerogative, royal. scotland -- history -- - . great britain -- history -- william and mary, - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion allegiance and prerogative considered in a letter from a gentleman in the country to his friend upon his being chosen a member of the meeting of states in scotland . printed in the year mdclxxxix . allegiance and prerogative considered in a letter from a gentleman in the country to his friend upon his being chosen a member of the meeting of states in scotland . sir , i received yours , wherein you tell me you are chosen a me●ber of the ensueing meeting of the states of this kingdo● ▪ you desire my opinion , what should be their behaviour towards k. james the th . how far we are now tyed by our allegiance , what limits ought to beset to the prerogative , &c. which you say are at present , the great subjects of discourse . i doubt not , since these things are so much talk't of by every body , and the itch of writing is so universal , but you will see several things on these heads from much abler pens : and from such who not only are better qualified for the undertaking , but also by hearing and perhaps , ( being personally present , ) by seeing the practices and methods of england in the same case , are better furnished with helps for the performance ; so that any thing i can say to you will be superfluous . yet in obedience to your desire , and to testify my sincere and unbiassed affection to the good of my country , and withall to convince you , that it is not from any fond principle of bigotted loyalty , nor from a stupid unconcern'dness in the great concerns of the nation , that i decline coming to town at this time , when as you say , it is expected that the greatest part of the gentry will be present during this assembly of the states : i shall freely give you my rude thoughts of what appears to me , to be the proper work and necessary duty of this meeting , in the present extraordinary conjuncture , and leave it to you to make what use thereof you shall think fit . as to the first point you mention , tho you know i am neither divine nor casuist , yet i must say that i think 't is very evident to any thinking man , that heaven it self has very fully loos'd the nation from their allegiance , and by remarkable providences granted a clear dispensation from their oaths to k. james the th . we need not dispute what was the genuine sense of these oaths , whether they allow'd this implicite reservation , that if the king should subvert the foundations of our government , our laws , religion , liberties and properties ; the people should in that case be free , to assert and assume their native rights : neither need we enter upon the invidious task of examining how farr the king advanced in these unjust practices and designs . heaven it self , i say , seems most convincingly to have superseeded all such debates and enquiries , and to have laid it upon this meeting of the states to settle and establish just and solid foundations for the government of the nation in all time coming . 't is acknowledged by all christians , that no oath can bind , when either their superveens a physical impossibility of performing it ; or when the performance becomes morally unlawful . and every considering man must acknowledge that providence hath cast both these impediments in the way of this assembly , to divert them from their allegiance to k. james . for now england has dethron'd him , and their action is applauded , ( as proceeding upon just and valid grounds , most of which are common to us with them ) by the greatest part of this nation ; so that it is obvious to every one , that it would be impossible for this assembly of our states to maintain and support him , in the exercise of his royal dignity here , against the unquestionable attempts , that we must expect englands jealousies of such an irritated neighbour , would provoke them to set about for his overthrow . and these attempts could not miss of success , having , as unquestionably , a great , if not the far greatest part of this nation for their abettors . thus what a scene of blood , war and confusion should these nations become ? and what a feeble distracted government might we expect in such circumstances ? but if any shall plead that there 's no physical impossibility in the case , and that the histories of past ages teach us , that this nation , when unanimous in their allegiance may maintain their king against all the efforts of england ; especially since we may now expect more assistance then ever from our old allies the french. yet this at least , i am sure , every protestant must consess is moral●y unlawfull for him to concur in ; since such a conjunction were utterly inconsistent with his indispensible moral duty of preserving , or at least doing nothing that evidently tends to the ruine of the true reformed religion . now any man that is capable of the least serious reflection upon the present state of affairs , must plainly see that the interest of his present majesty of england and his party , are so intervoven with that of the reformed religion , that the one cannot suffer loss or overthrow without the notable dammage or apparent ruine of the other , not only in this island , but all christendom over . he must also see no less clearly , that it were a meer dream to imagine it possible to support and preserve k. james in his power here , without wronging the k. of england and his interest . for to be sure , either of them would imploy his whole art and might for the others ruine ; such different interests ( beside the particular quarrels of the late revolution ) being now altogether incompatible in this island . neither is it to be thought that k. james would value this crown further then that he might thereby be enabled to recover that of england thus 't is plain that we can never fancy to preferve k. james's power here , without resolving to assist and second him in his attempts ; to the great prejudice , if not the total ruine ( so far as men are able ) of the reformed religion over all europe . but i am perswaded no protestant of common sense , can ever think his allegiance will warrant or in the least justify him in any such practice . for whatever has been said to evince that allegiance did bind subjects to passive obedience , tho secrued to the highest pitch : yet none was ever so impudent as to assert that it oblidg'd them to an active concurrence with their king , in methods directly tending to the suppression or extirpation of the true religion . here christians of all perswasions will own . that it is better to obey god then man. wherefore it being thus irrefragably evident that god in his wise over ruling providence , has ordered things so , that it is both impossible for this meeting of the states to preserve the crown to k. james , or at least not to be undertaken without exposing this nation to all the lamentable evils , that a weak , unlettled government , constant warrs and confusions can bring upon it ; and that it is also unlawful for us protestants , to aim at it ; since he cannot now be re established but upon the ruines of the whole reformed interest in christendom ; let all therefore awfully observe the hand of god ; and chearfully submit to his will , and without attempting to strugle against heaven , leave k. james to the disposal of providence . let every man in his station contribute , what in him lyes , to re●reive our religion and laws from the grievous abuses they have suffered , and to secure them to us and our posterity ; from the like hereafter , and from falling under the fatal dangers from which god has been pleased so signally to rescue them : neither let this assembly of estates look back , as if they were under any tye to withhold them from advancing vigorously , in setling the government of this nation , now under anarchy , a state in which it cannot subsist . nor let any thoughts of the right of succession stop their procedure , for besides that there can be no heir to a living man ; the former arguments are as part against the prince of wales , true or supposititious as against king james the . but now when god has so wonderfully put this opportunity in their hands , let them be as honest and upright hearted patriots , set themselves seriously to consider , what is fit to be done , for settling a government in this nation upon just and solid foundations ; whereby the true religion and publick peace may be established and secured , the just property and liberties of the subject clearly asserted , and the high-stretched prerogative of the crown brought to an equal frame . i am perswaded , that as it is the genius , so it is the interest of this nation to have a monarchy still established , for any other form must unavoidably evert the whole bulk of our laws and customs , which might be of fatal consequence : nor could any other model be long liv'd here considering the natural bent of scotsmen to this . besides since experience has discovered to us the worst diseases , that can attend monarchy , i think if we be wise , we may now apply such remedies , as may secure us , for the future , against them ; and so we may be safer under it , then any other kind of government , the inconvenieneies whereof ( in this nation at least ) we can only discover by a tract of time . as to the choice of a monarch , i think the best method is , to follow the example england has set us . for besides the just and solid reasons that determined their choice , which are all as pregnant and applicable to us ; we have further this cogent reason , that england having already declared the prince of orange their king , out of a due sense of the great deliverance he has been instrumental in working for them ; we must do the same , unless we will declare our selves the most ingrate of mankind , since we are delivered from a far greater bondage then ever england felt : and unless we will resolve to break with england and their king , which how fatal it might soon prove , every body can see , more then is fit for the honour of this nation to express . this i shall only say , that it were certainly very unkind to the reformed religion , to divert , and weaken by such a breach , the k. of englands hands , who is now , under god , the chief support of it . but seeing the fondness of this nation , for the restoration of k. charles the second , did hurry them from one extream to another ; from having abandoned the king and royal family , to give too much ; and lay the foundations of an unbounded prerogative ; upon which an aspiring court ( designing to copy after the perfidous cruel h●ctor of europe ) finding still unhappily amongst this poor , proud ; self seeking people , fit tools for their service ; have rear'd up an uncontrolable , despotick , absolute power in the king ; and that by repeated laws , but more by a constant series of arbitrary practices ; whereby they have brought us into absolute bondage , and laid a yoke upon us that neither we nor our fathers were able to bear . it therefore nearly concerns and highly becomes the wisdom of the states of the kingdom ; yea it is their duty to the nation , whom they represent , and what they owe to their posterity in after-ages ; before they give the crown out of their hands , to smooth and purge it of every thing that may be hard and grievous to the people ; and to leave it only adorned , with such jewels , as can only be firm and shining , when by justice and mercy they attract the peoples hearts ; but will prove brittle and dim when put to gall their necks . i would therefore humbly offer to the consideration of this ensueing meeting , some things , that to me seem necessary and incumbent for them to do , for retrieving this nation from the intollerable thraldom we have been brought under ; and for vindicating and asserting the peoples just right and freedom , without robbing the crown of any jewel , that 's fit for the hononr of a king , who is to rule by law ; or without diminishing any part of the kingly power , that is necessary for enabling out kings , to perform the great duties of their high charge . let our kings be vested with power to be nursing fathers to the church , to be patres patriae , vigorous asterters and defenders of the honour and well of the nation , against attempts from abroad , or seditions at home ; let them have power to be terrors to evil doers , and encouragers of these that do well ; let them have power to preserve to all their subjects , their respective properties and liberties from all insolence and injustice ; to see all our laws vigorously , executed and all transgressors impartially punished . these are the only true jewels of the crown , and every beyond this , that 's fixed to it ought to be cleansed and wiped off , as noisom dust and rust , that will throughly corrupt it . it is then the unquestiouable duty of this meeting of the states , to cut off from the crown , all such excressences as are useless to a just king , and to our sad experience , are pernicious and of most dangerous consequence to the people . first , then , it has been often asserted and maintained , that the king derives his crown and dignity immediately from god , that the people do not , nor cannot give any right or title to it ; that all power and authority is originally and eminently inherent in the crown , and that therefore the parliament can give no prerogative to the king. this has been long currant coyn at court , and amongst court parasites , and of late has had the boldness to appear bare-fac'd in our parliaments , where it seems to have given rise to yea dictated some of our acts about the prerogative . but it is obvious , that this is a mother evil , and may be broody of all the mischiefs that can be dreaded from arbitrary power or tyranny ; for if this maxime hold good , what security for our religion , laws , property , or any thing that 's dear to free men or christians ? sure none , but the princes pleasure . why then should we complain of the late court stile , which makes the prerogative royal , and a supreme absolute power to be obeyed without reserve , to signifie the same thing ! me thinks the stile is very just and congtuous and goes very well on the foot of this maxime . wherefore , as we would deliver our selves and our posterity from the evident hazard of absolute slavery , this pernicious principle must be absolutely eradicated . it will be fit the states seriously revise all our acts about the prerogative , & where-ever any thing is found to look this way , it must either be explained to a harmless meaning , or if it will not bear a tolerable sense , it must be cancelled ; for a little leven may soure the whole lump . it will also be necessary , that the asserting of this principle by word or writ , be declared an high-crime , against the very nature and constitution of our government , punishable as treason and unpardonable ▪ it has taken deep root , and will need a severe steady hand over it , to keep it from springing up again in its season , from which god deliver us . . the late assumed prerngative of disabling , suspending or dispensing with standing laws , must be declared illegal , and against the constitution of a free nation . i need not insist to lay open the mischief of such a power ; all the world sees it , and even some of those who asserted it , now cry shame on 't , 't is so palpably a gangrene that might overspread , eat out or enervate all the strength and life of our whole laws . i shall only say , it will be fit to declare that all judges or others , to whom the execution of the law is committed , shall upon their highest peril be obliged , to put the laws of the nation to due execution , notwithstanding of any command , mandate , or dispensation they may get to the contrary , from any person or persons whatsoever . . i humbly conceive it will be much the nations advantage , if the power of pardoning be restrained , as to assertors or propagators of any principles against the freedom of the nation and parliaments , in favour of any pretended prerogative . as also , as to all judges , officers or ministers of state and others having the king's commission , for malversing in their respective offices . because if ever it be the ill-fate of this nation , to come under a designing and aspiring prince , so long as he has the power of pardoning such , he will never want instruments to set up and establish his prerogative as high as ever : neither will he want judges and others , who will palpably pervert justice , wrest and trample on our laws and freedom , and with all their might sacrifice them and us to his ambition , or other ill designs . and i appeal to every man , that will make but any reflection on our late government , if he is not convinc'd , that many who serv'd it , durst never have made such steps as they did , if they had not rested secure on that pillow ; that however criminal they became , by such measures , they being for the kings service , could get his remission on demand ; since there is , and will ever be a perverse crew of ill men , whom neither honour nor conscience can bind , to be faithful and just to their country ; but who still upon any hopes of impunity , will be . animated to say and do all the mischief they can , when 't is accep●able to the princc . let the terror of severe laws be set before them , to over-awe them and strip them of all hopes of impunity by a princes favour . such a limitation will not be uneasie , to a just and good prince , and is absolutely necessary for our safety under an ill one . . it must be declared illegal , and not in the kings power , to constitute any judge or judicature , ecclesiastick , civil or criminal , except such as are authorized by the laws of the nation . as also that it is illegal for the king to give wa●rand to any judge to proceed otherwise in judgement , then by the forms and rules ; the law and practice of the kingdom has set , for the several judicatures and cases therein cognoscible , and that all who accept and proceed , conform to any such commissions or warrands shall be severely punished . the experience of the grievous oppressions the western , southern , and some other shires of this kingdom , have suffered , and the much blood that hath been shed in them very summarly ( to say no worse ) by vertue of such commissions and proceedings , will i am confident evince the necessity of this . for certainly so long as such a power is left to the crown no man or partie can reckon themselves secure of their liberties or estates , no not of their very lives longer , then they escape being obnoxious to the court , for then packt judges and arbitrary forms and rules of proceeding , may make sharp work , and havock enough , i confess i have often been surprised to see several sober and rational men satisfied with , and applaud such methods when used against these , they wished to see undone . for being blinded with a passion to have such a party ruined , they did not consider that if the cannon were turned a●ainst themselves , they might soon find the fatal effects of such methods , and be thereby summarly exposed to some severe punishment in their bodies or goods , or perhaps both without hopes of reddress . so it is every man's interest that every subject have a fair and legal tryal , and that all his concerns be judged by the ordinary judges ; and conform to the known laws and practice of the realm . and that any such power be quite exploded , for which there can be no pretence , unless you will grant the king a prerogative above all laws . perhaps it will be alledged that such commissions have been very useful in our high-lands and borders , and that it is impossible to bring the theeves there to condign punishment , or prevent their ruining these countries , unless it be allowed that they be judged without the ordinary rules and forms of law. i humbly think it may be worth the serious consideration of our first parliament to give their special orders and instructions for this case . but by no means , on this account , ought the least twigg of any such transcendant power above the laws be left to the king. for if it should be allowed , that the king by an inherent power in the crown may by his commission warrand the judging of theeves , without observing the ordinary law in the nation : why may he not , by the same inberent power ? give such commissions for trying all alledged guilty of every kind of treason , or other crimes and transgressions of any penal laws ? then , pray , what security has any subject of a legal tryal for any guilt he ma● be charged with ? or what availeth the laws and judicatures established for the safety of the innocent , as well as the punishment of the guilty . . it will be fit it be declared ; that all the ministers of state , lords of session and justiciary , and other inferiour judges , who receive their commissions from the king , shall always get them , ad vitam aut culpam : and not durante beneplacito . for when men hold these places at pleasure , it is certainly a great temptation to them who are not of a very firm honesty , to comply with any designs of the court , and humours of the present chief favourites . and when an honest man stands his ground , and refuses such a servile complyance against his honour and conscience , then ( as we have seen ) he is presently to be turned out and some plyable tool ( that will receive any impressions from these hands ) put in his place ; and so our judicatures , filled with men who will give themselves up to a blind obedience to the dictates from court. and what justice can the nation expect from such judges ? i do not say , the abolishing commissions durante beneplacito will ascertain us of just judges : but , to be sure , it will free them , whom we shall have , from many temptations to be unjust , and secure to us more firmly these that are just and honest : so it is well worth the while . there is one thing i cannot pass about our judges , tho it be not hujus loci . i think it would be much our interest to have crimen ambitus in force amongst us ; as to session and justiciarie especially . many wise people have thought that a man's sueing and soliciting for such offices , was a just ground to make him suspected , as unworthy of the trust . this is certain , if such methods were strictly discharged and every one , at his admission to these offices , oblidged to purge himself of them ; we might justly expect , they should go more by merit , then they can do while men are allowed to brigue and intrigue for them . for commonly cunning and false men are most assiduous , and dexterous at insinuating into a court. . i think the kings ecclesiastick supremacy , as it stands now asserted by acts of parliament ought to be abrogated . i will not enter on the debate , what power is allowable to a christian magistrate in or about eccl●siastical matters : but leaving this as unnecessary to be discussed here ; i shall prove the assertion from these two considerations , first if there is any such supremacy allowable in a christian nation to any civil persons or judicature , it cannot with safety be trusted but where the legislative power is lodged . dly . it appears uncharitable and unchristian to enact , or leave in force any laws declaratorie of such a supremacy . first , then consider that by this supremacy , the king has power to turn off any churchman summary , without any process , ( of this we have seen several instances ) he hath also power thereby at pleasure , to crush any set of clergy or church government he thinks uneasie to him , and advance any party or model , he hopes to be better served by . he has by this supremacy likewise power ( if not in express terms , yet by very natural consequence , ) to suppress all assemblies , convocations of the clergy , synods , presbyteries , sessions , or any other meetings of churchmen necessary or convenient , for preserving order in the church . from consideration of these things , it is evident and clear as sun shine ; that if such a supremacie be allowed to our kings , then they shall have power to introduce corruptions in our religion by a corrupt clergy , to raise constant schisms in our church , to nourish and foment a spirit of animositie and persecution by one party of clergy against another , to the great reproach of our religion , and danger of our state ( as past experience may teach us ) finally they shall have power to dissolve and unhing our church , by depriving her of all means necessary , for establishing and preserving of order and discipline without which no society can subsist . and surely , these things cannot happen in a christian nation without bringing deadly convulsions upon the civil state. now i am confident that after very little reflection on the whole , you and every rational man will anticipate me in the inference , and conclude that such a supremacy is of the last importance , both to the religion and civil interest of the whole nation , and not to be trusted to any , but reserved to king and parliament ; if it is allowable to any civil power . secondly , that it is vncharitable , to enact any laws declaratorie of such a supremacie , will evidently appear from this , that it gives great scandal to good protestants , and p●aceable subjects , and is no wayes necessary . surely , then it is very unbecoming christian charity and moderation to give great offence , and lay a stumbling block before such , officiously and needlesly . now all the world knows this supremacy has been a st●ne of stumbling both to jew and gentile , ( if i may so speak ) for not only the presbyterians have still declaimed against it , as an antichristian inchroachment upon christs prerogative ; but many episcopal have judged it an invasion and diminution of the intrinsick power , consigned by christ to his church ; whereupon severall minent amongst that clergy resused our test . thus as the offensive nature of such laws is evident ; so every considering man must acknowledge , that they are useless , because all laws about church government should only be founded on these grounds ; that , what is thereby injoyned is agreeable to the word of god , most consonant to the practise of the purest churches , and most proper and conducing for the advancement of truth , piety and good order in this church . now on these reasons , onely let every thing in relation to the p●licy of the church be enacted in parliament , without pretending or declaring by any act , what power they have in such matters . thus i am sute , king and parliament may do their duty in this matter , from time to time , and a great deal , if not all the offense would be removed . for it cannot be denyed , that , the legislative power being in them , what form of government they apply their civil sanction to , it becomes the legal government of the nation ; which is all needs be claimed , and their medling in such matters cannot be quarrelled , since all protestants , do not only approve , the parliaments ratifying of our very confession of faith , but ordinarly plead that thereby we have greater priviledges and right for defence of it , than any principle of religion it self gives us . the only hazard is , that they may err in their choice , but i know no remedy for this , ( unless we go to rome for infallibility , and i fear we should loose our labour ) except , that no such laws be imposed rigorously , to be owned by all , but a reasonable toleration allowed to peaceable dissenters : seeing then there is no use for such declaratory laws of an ecelesiastick supremacy ; were it not very uncharitable to keep them on foot , for a snare and for ginn to so many of our christian brethren of the same religion . i may add further , it were very dangerous to the publick peace , for certainly from this fountain many of our intestine commotions have sprung , and these streams are not yet dryed up . . and lastly , having already far exceeded the due bounds of a letter , and the brevitie i designed ; i shall croud all that occures to me further about the prerogative into one article . i think it necessary the convention take to their serious consideration , the kings sole power of disposal of trade , his power of setting valuation on current money , his power of the militia , of peace and warr , and raising the nation in arms ; as they are declared in the respective acts thereanent : as also the practice of the kings establishing instructions of warr , and thereby exempting souldiers from the ordinary laws and judicatures . we have seen and felt grievous abuses in the nation from all these , as i could instance , but that i haste to a close ; and it is enough to my purpose , that every thinking man upon a very little reflection will see such powers may be the foundation of arbitrary proceedings in many cases of high importance to the whole nation . i confess i do not think it adviseable or safe ; to divest the king wholly of these powers , and reserve them to a parliament : for the exercise of all or most of them may be very necessary , much oftner then we can expect or desire parliaments , & may trvst with the reasonable intervals of parliaments ; neither do i think it possible to lay down fixed rules , that can continue useful for any time , for the kings managment of these powers , such is the inconstancie and vicissitude of humane affairs . the only medium i can think on is , that the king shall be restricted , in the exercise of these powers , to the advice and concurrence of a council , or councils to be named by the parliament out of the whole states : this council may have their settled annual meetings , or more frequent if needful , and withal be obliged to conveen when upon any emergent the king shall call them but as for the militia , since it is palpablie useless to the crown and government and very heavy to the people , i hope all will be unanimous to have it totally discharged . as for exempting souldiers from the ordinary laws and judges , in causes civil or criminal betwixt them and other sub●ects , least at it is of dangerous consequence , and there is no shadow of law or justice for it in this nation , wherefore it ought to be discharged and declared illegal in all time coming . i doubt not e're you come this length , you will be as wearie in reading this tedious and indigested letter , as i am of writing it . so i shall delay at this time , the troubling you with what is fit to be done , for securing our crown from falling again into popish hands , what convenient amendm●nts may be made , as to the constitution of , and forms of procedure in our parliaments , and what is expedient for the redress of our past grievanc●s and necessary for the providing wholesome remedies for preventing the like hereafter . the slightest review of all these ( tho desired in powers ) would swell this letter into the volume of a treatise , which i have no thoughts of writing : i hope you do not expect it , and though the stuff is course , you have large enough measure already , for an letter . b●sides what is here omitted , seems to be the prop●r work of a parliament when the crown is settled , but what is spoke of , seems necessary to be dispatched by the meeting of states before they declare the crown . for though i am fully perswaded , that if we give the crown to the king of england with as absolute , unlimited a prerogative , as ever any tyrant or sultan usurped : yet our religion and laws , and every man's liberty and property , would be as secure to us , under so brave , generous , pious and just a prince , as they can be by all the provisions we can devise for their security : but it is uncertain how long god may bless us with him , & who may come after him . and this is certain that if once the crown be settled , and a set of officers of state , and counsellours established , ( our nobility and great ministers have unhappily been so accustomed , to carrie things here with so high a hand , ) they will be sure to use all their interest to frustrate all projects for such limitations of the prerogative , foreseeing easily that thereby their hands will be more bound up , then was usual , and i doubt not , if you will be at the pains to observe it , you 'l easily perceive that such as have but any faint hopes and a remote prospect of getting any share of the government into their hands , will already be shy on these points . wherefore it nearly concerns every honest sincere scotsman , to strike thee iron while it is hot , for it is much better holding then drawing : if this is acceptable and gives you any satisfaction , you shall by the next have more of the matters now omitted . march . . i am yours , &c. postscript . sir , i have said nothing of the kings negative vote in parliament , and his power of adjourning and dissolving them . tho it is of the greatest importance , for if it stands , as it is now asserted , all hopes of redress of griveances by a parliament are cut off under an ill government , when there is greatest need of it . wherefore it much concerns this meeting to adjust in to an harmless temper . yet i must confess . i can hit upon no overture for this that pleases me . but i doubt not , the things is so obvious and of such vast consequence , you will hear of it from better hands . finis .