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 t AN 
 
 IHISTORICALLI 
 
 I DISCOURSE I 
 
 |uNIFORMITY OF THE 
 
 I GOVERNMENT 
 
 IenglandJ 
 
 I THE FIRST PART, t 
 
 ^ From the firft Times till the 
 
 Reign of 
 
 I Edward the third. I 
 
 5 LONDON, 
 
 f Printed for Mattherv Walbancke at Grays- 
 Inn-Gate. 1647. |r 
 
To Confideration. qi"^^ u 
 
 A Private debate concerning the right 
 of an EngliQi King to Arbitrary rule 
 overEnglifli Subjedsas Succeilor to 
 the Norman Conquerour, (fo called) 
 firft occafioned this Difcourfe. Here- 
 in I have neceflarily fall'n upon the 
 Antiquity and Uniformity of the Government of this 
 Nation: It being cleared may alfo ferve as an Idea 
 for them to confider, vi^ho do mind the reftitution of 
 this (battered frame of policy. For as in all other 
 cures, fb in that of a diftempered Government, the 
 original conftitution of the body is not lightly to be 
 regarded 5 and the contemplation of the proportion 
 of the manner of the Nation in a fmall model brings 
 no lefs furtherance to the right apprehcnfion of the 
 true Nature thereof ( befides the delightj thin the 
 perufing of a Map doth to the Traveller after a long 
 and tedious travel. 
 
 I propound not this Difcourfe as a pattern drawn 
 up to the life of the thing, nor the thing it felf as a 
 Mafter- piece for future Ages , for well I do know, that 
 Common-weals in their minority do want not only 
 perfedion of ftrength and beauty, but alfo of parts 
 and proportion j efpecially (ecing that their full age 
 attaineth no further growth thin to a mixture of di- 
 vers forms ia one. Ambition hath done much by 
 
 A a dif. 
 
 fc* ^ \jf w u O 
 
difcourfe and zGtion to bring forth Monarchy out of 
 the Womb of notion^ but yet like that of thePhilo- 
 fopher's ftone the iflue is but wind, and the end mife- 
 ry to the undertakers: and therefore more than pro- 
 bable it is, that the utmoft perfection of this nether 
 worlds beft Government confifts in the upholding of 
 a due proportion of feveral intcrefts compounded 
 into one temperature. 
 
 He that knoweth the fccrets of all Men's hearts, 
 doth know that my aim in this Dilcourfe is neither at 
 Scepter or Crofierj nor after popular dotage, but that 
 Juftice and Truth may moderate in all. This is a 
 Veffel I confefs ill and weakly built, yet doth it ad- 
 venture into the vaft Ocean of your cenfures. Gen- 
 tlemen, who are Antiquaries, Lawyers, and Hiftori- 
 ans, any one of whom might have fteered in this 
 courfe much better than my felf. Had my own cre- 
 dit been the fraight, I muft have cxpefted nothing left 
 thdn wrack and lofs of all , but the main propole of 
 this Voyage, being for dilcovery of the true nature 
 of this Government to common view 5 I (hall ever 
 account your juft cenfures, and contradidions (efpe- 
 cially publiQied with their grounds) to be my moft 
 happy return, and as a Crown to this work. And 
 that my labour hath its full reward, if others taking 
 advantage by mine imperfeftions (hall beautifie £»- 
 gland with a more perfed and lively Charaftcr. 
 
 The 
 
The Contents. 
 
 CHap;i.O/ the Britons^ and their Government p. I 
 Chap.2. Concerning the convcrfion of the Britons 
 
 Unto the h ait h p. 5 
 
 Chap. 3. Of the entry of the Romans into Britain^ and 
 
 the State thereof during their continuance p 5 
 
 Chap.4. Of the entry of the Saxons^ and their manner 
 
 of Government p. 1 2 
 
 Chap. 5. Of hu{^\ns coming to the Saxons in ¥.x\^AudL^ 
 
 his entertainment and n>or^ p. 1 7 
 
 Chap.6. Of the imbodying of Prelacy into the Govern- 
 ment of this Kingdom p. 2 1 
 Chap./. Of Metropolitans in the Saxons time p. 25 
 Chap.8.0/ the Saxon Bififfps P'2 5 
 Chap.9. of the Saxon Presbyters P'^7 
 Chap. 10. Of Inferiour church- Officers amongU the 
 
 Saxons p. 23 
 
 ChAp.i I. of Chftrch-menj maintenance amoug^ the 
 
 Saxons V''^9 
 
 Chap. 1 2. OfthefcveralPrecin&sor JurifdiCiions of 
 
 church' governours amongfi the Saxons P'^5 
 
 Chap. 15. Of the manner of the Prelates Government 
 
 of the Saxon Church P'3^ 
 
 Chap. 14. Of caufes Ecclefiajlical p.59 
 
 Chap. I'y.A brief cenfure of the Saxon Prelatical Church 
 
 Government p.45 
 
 Qhz^.\6.0f the Saxons Common-weal ^ and the Go- 
 
 vernment thereof and fir ji of the King P'4^ 
 
 Chap. 1 7. 0/ /Ae Saxon Nobility p. 5 3 
 
 Chap. 1 8. of the Freemen amongH the Saxons p.5 5 
 Chap, i^.Of the villains amengfi the Saxons p.5 6 
 
 236568 ^ ^^^^' 
 
The Contents. 
 
 Chap. 20. of the grand Council amoegli the Saxons 
 called the Adickjcvtote P* 57 
 
 Chap. 21. Of the Council of Lordt p.62 
 
 Chap. 22. Oj the vianner of the Saxon Government in 
 the time of War p.65 
 
 Chap. 25. Of the Government of the Saxon Kingdom 
 in the times ofpeace^ and firii of the divifion of the 
 Kingdom into Shires^ and their Officers p. ^5 
 
 Chap.24. ^^f ihe Count)' court ^ and sheriff sTorn p.65 
 Chap. 25. Of the dwificn of the County into Hundreds^ 
 and the Officer i and Court thereto belonging p. 68 
 Chap.26. of the divifion of the Hundreds into Decen- 
 naries P 70 
 Chap. 2 7. Of Franchifes^ and prft of the Church Fran- 
 chife p. 7 1 
 Chap.^Q.Ofthe fecond Franchife called the Adarckej'g.y 2 
 Chap.29. of County Palatines p.75 
 Chap.^c. of Franchifesof the Verfon ibid. 
 Chap.51. 0/i^/4»«<?rj p.75 
 Ch.3 2 . of Courts incident d^ united unto Manners p. 7 7 
 Chap.33. of Town/ljips and their Markets V-79 
 Chap.34. Of the Forejis p,82 
 Chap. 35. Concerning Judges in Courts of Jujiice p.84 
 Chap. 5 6. Of the proceedings in Judicature by Indi^- 
 ment^ Appeal^ Prejentment^ and ABion p.85 
 Chap.37. of the fever al manners of extraordinary trial 
 by Torture^ Ordeal^Compurgaiors^ and Baft el, ip.^^ 
 Chap. 3 8. Of the ordinary manner of'F'rial amongU the 
 Saxons by Inqueji p. 9 1 
 Chap. 99. of pfijfing Judgement and Fxecution P'94 
 Chap.4.0. of the penal Laws amongii the Saxons p.^6 
 Chap. 4 1. 0/ tht Laws of property of Lands and Goods^ 
 and the manner of their conveyance p. 102 
 
 Chap. 
 
The Contents. 
 
 Ch^P-42, Of the t'tmci of Law and vacancy p. 1 1 o 
 Chap.43- '^^ Epilogue to the Saxons Government p. 1 1 1 
 
 C"NHap.44. Of the Norman entrance P-l '3 
 
 ^Chap 45. of the Title of the Norman Kings to the 
 Engbfli Crown , that it was by elcSion p-^ 1 5^ 
 
 Chap46. That the Government of the Normans pro- 
 cecded upon the Saxon principles^ And fir(i of Tarli- 
 aments p. 1 20 
 
 Chap.47.0/'//;e Franchife of the Church in the Norman 
 times P'I23 
 
 Chap >\S. of the feveral fuhfervient JurifdiUions ^ by 
 Manhes^ Counties^ Hundreds^ Burroughs^ LordJJups^ 
 and Decennaries pI^S 
 
 Chap.^^,0f the immunities of the Saxon Freemen ;/«- 
 der the Norman Government P- ' 35• 
 
 Chap.5Q= Recolle&ion of certain Norman Laws concern- 
 ing the Crown ^in relation to thofe of the Saxons for' 
 merly mentioned • pi?^ 
 
 Chap. 5 1. 0/' the like Laws thit concern common inte- 
 reji of Goods P-H^ 
 
 Chap.52.0/ Laws that concern common inttreU of 
 Lands P*^44 
 
 Chap. 5 9,0/ divers Laws made concerntngihe execution 
 ofjujifce. p. 1 50 
 
 Chap. 5 4.0/ the Militia during the Normans timef. 152 
 
 Chzp.$$ 'That the entry of the Normans into this Go- 
 vernment could not be by Conquefi P- 1 5 S 
 
 Chap. $6. A brief Survey of the fence of Writer j con- 
 cerning the point of Conquefi P* ^ 5^ 
 
 C Hap. 5 7. Of the Government during the Reigns of 
 Steven5Henry the SecondK^ch2Lx6. the Firfi^ and 
 John 5 and firji of their Titles to the Crown , and 
 difpofition in Gov^rnmint p. 1 6% 
 
 B a Chap. 
 
The Contents. 
 
 Chap. 58. Of the flate of the Nohjlit} of England fro^ 
 theConqHfJl^ anddnring the Reign of thefe fever^^ 
 
 Kings p. 1 7^ 
 
 Chap.59.0///jff state of the Clergy and their power in 
 
 this Kingdom from the Norman time P''75 
 
 Chap. 60. Of the Engbfl) Commonaltj fmce the Norman 
 
 time p. 1 88 
 
 Chap.61. Of 'judicature^ the Courts^ and their fudges 
 
 p.i8^ 
 Chap 62. Of certain Laws of Judicature inthetiweof 
 
 Henry the 2. P*'93 
 
 Chap.63.0/ ihe Militia of this Kingdom during the 
 
 Reign of thtfe Kings p.205 
 
 C^Hap.64 Of the Government of Henry the Thirds 
 J Edward the Firft^and Edward /Ae Secand^Kings 
 of England ; And firfi a general view of the dijpo^ 
 fit ion of their Government p. 207 
 
 Chap.65. Of the condition of the Nobility <?/ England, 
 till the time of Edward the Third p. 2 2 1. 
 
 Chap.66.0f the jiate of the Engliflj Clergy until the 
 time of Edv/ard the Third: and herein concerning 
 the Statutes of Circumfpede agatis, Articuli Clerij 
 and of General Councils , and National Synods 
 
 p.225 
 
 Chap.6 7. Of the condition of the Freemen of England^ 
 
 and the grand Charter^ and feveral Statutes cou' 
 
 cerningthe fame , dfirmg the Reign of theje Kings 
 
 Chap.68. Of Courts^and their proceedings p.384 
 
 Ch.69. of Coroners^ sherfffs^, and Crown pleas p.286> 
 Ch.70. Oj the Militia during thefe Kings Reigns p. 294 
 Chii]^. 7 1» of the Peace P»3oo 
 
 PROLOGUE 
 
PROLOGUE. 
 
 fo far as if praife- worthy^ is all 
 one with Dicvine Vrozftdenccy 
 rvrappednp in a i/ail of Kin^^s^ 
 and wife men^andthns iniplicitely 
 hath been delivered to the World by Hijiorians^ 
 who for the moft part do read Men , and wear 
 their Fens indecyphering their perfons andcon^ 
 d it ions : fo/fte of whom , halving met with in- 
 genious Writers furvi've themfel<ves^ P^ffi^'y 
 fjiore famous after death ihan before : Others 
 after a miferable I ife wafled^ are yet more mife^ 
 rablc in being little better than Tables to fet forth 
 the Painters worl^manflnp^ and to let the World 
 l^now^ that their tiijiorians are more witty than 
 ibenjfdvcs^of whom they wrote were either wife 
 
PROLOGUE. 
 
 or oood» A)id thus Htjiory that fhould he a 
 witnefs of Truth and 'time^ becomes little better 
 than a parable^ or rather than a nonjence in a 
 fair CharaSer^ rvhofe befl commendation is that 
 its well rvritten. 
 
 Doubt hfs, HiHories ofPerfons^ or hives of 
 
 Mcn^ have their excellency in fruity for imita^ 
 
 tion and continuance of Fameyasa rervard of 
 
 z>ertue : yet rvill not the concervation of thefe 
 
 together declare the nature of a Common-Weal 
 
 better^ than the beauty of a body difmembredis 
 
 revived by thrufling together the ntemberSf 
 
 which cannot be without deformity, Nor will 
 
 it be denyed but many wife and good Kings and 
 
 Queens of this Realm may juftly challen^re the 
 
 honour of pafpng many excellent Lnws^ (^albeit 
 
 its the proper worl{^ of the reprefentative body 
 
 to form them) yet to no one^nor all of them ^c an 
 
 we attribute the honour of that Wifdom and 
 
 Goodnefs that conjiituted this bleffed Frame of 
 
 Government j for f el dam is it feen that one 
 
 Prince buildeth upon the foundation of his Pre- 
 
 deceffour^ or purfueth his ends or aims , becaufe 
 
 as federal Men they have feveral judgements 
 
 and defires^ and are fubjeSi to a Koyal kind of 
 
 felf. 
 
PROLOGUE. 
 
 felf'lcz/e , that inciteth them either to exceed 
 former precedent s-^or at leaft to differ from them^ 
 that they may not feem to rule by Copy^as infuf^ 
 fcient of themfeli/es ; which is a hjnd of dif^ 
 paragement to fich 05 are abcve. Add here^ 
 untOy that it's not to be conceited that the tvifejl 
 of our Ancejiors farv the Idea of this Go<uern^ 
 went 't nor tvos it any where in precedent but in 
 him that determined the fame from Eternity : 
 for as no Nation can /hew more variety and in- 
 conjiancy in the Government of Frinccs than 
 thiSj efpecially for thref hundred years next en^ 
 fuing the Normans : fo reafon cannot move i- 
 magination that thefe wheels^ by divers^ if not 
 contrary motions-^ could ever confpire into this 
 temperature of policy^ were there not fome pii- 
 mum mobile that hath ever l^ept one conjiant 
 motion in all. 
 
 My aim therefore Jhallbe to lay a fide the 
 confederation of Man as much as may be, and to 
 extract a fummary view of the cardinal paffes 
 of the Government of this Kingdom ^ and to 
 glance at various AfpeSs of the ancient upon 
 the modern^ that fo thefe divers Princes^ and 
 wife Councils in their different conrfe may ap" 
 
 pear 
 
 -^■"' 
 
PROLOGUE. 
 
 pear to be no other than the injirnments of him 
 that is hut otic^ and of one mind^ whofe goings 
 forth have been in a continual conrfe of IVif 
 do}ft and goodnefs for our f elves in thcfe latter 
 days : and herein I am encouraged becaufe I 
 am not in danger of temptation to flattery or 
 fpleen^ nor pinched with penury of grounds of 
 obfervation , having to do with a Nation^than 
 which a clearer mirour of Cod's gracious Com, , 
 vernment is not to be found amongU all the Na^i \ 
 tions and Peoples tinder Heaven, 
 
 Of 
 
An Hiftorical Difcourfe 
 
 Of the uniform Government 
 of ENGLAND. 
 
 CHAP. I. 
 
 of the Britoftf, and their Government, 
 
 His is Br i/^i;/, or rather that part thereof in after 
 ages called Saxony and 'England^ from the peo- 
 ples name* tranfplanted thither. The Britons 
 (to lay afide all conceipts of Fame) I take to 
 Ijean iffue of the neighbouring Nations frotn 
 ■it the German and Belgick (hores j induced 
 hereto partly by the vicinity of the names of the Peoples,Cities, rjgf.com.lib <. 
 or Towns, and places, but more of their manners and cuftomes> 
 both in Religion and civil Government. Barbarians they were, 
 and fo elkemcd by the Romans that were but refined Barbarians Tacit. Anal, 
 thcmfelves i and yet they worshipped an Invifible,InHnite,Om- H- . 
 nipotent God by Sacrifices : but thegreateft part of their reve- ^^f' com l*ib.6. 
 rence fell fhort , and refted upon their Priells, whom they ac- Tacit, 
 counted the onely Secretaries that God had on earth, feared 
 their interdid worfc than death it felf, and fin thefc times of 
 uttermoft darknefs^ held them forth to neighbouring Nations,, 
 
 C tol 
 
2 BKITONS. 
 
 to inftrud them into an higher excellency than that of brutifh 
 men. 
 
 In their civil Government they allowed preeminence of their * 
 Magirtrates rather than Sjpremacy, and had many chiefesin a 
 little room i the Roma}tf called them little Kings, for the grea- 
 ter renown of their Empire: but others ofmorcfobriety account 
 
 C*f.com.Iib.5. them no better thin Lords. Of liberties not much exceeding 
 thofe of a City -, and thefe (though in time of peace independant 
 upon each other, yea perpetual Enemies,yet3 in time of forraine 
 war, joyned together to chufe one head to command them all, 
 Lib. ^ according to the cullome of the Gerimns^ as Crfaf notcth. But 
 that which yet cleareth the matter) is the teftimony oiDionin 
 i\\Q\\ko^ Severus the Emperour, whoexprefly faith, that in 
 
 ^ Britain , the people held the helm of Government in their own 
 
 power, fo as thefe were not Kings, nor thcit government Mo- 
 narchical , and yet might be regular enough, confidering the 
 rudcnefs that in thofe dales overfpread the World. True it is 
 that by a holy man this Nation was in latter times of Barbariftne 
 Micron. cd\\t(\"tyrannorum gens^ the word being taken w/V/>iy^«/«^^ or 
 from a common repute of exccllive cruelty, or oppreffion by fu- 
 periours. As touching their cruelty,! find no footfteps in ftory : ' 
 fomewhat refledeth upon their Sacrifices,as if they offered mans 
 
 Caf.fiox. 5. fle(h \ but that was common to the Gauls ^ who borrowed their 
 Religion from 'Britain > and it might be founded rather upon 
 an errojr in judgment, than favagenefs of nature. Much left 
 caufedoth appear of any cry of oppreffion upon inferiours, but 
 rather againii thati as the multitude of Kings or Lords do mani- 
 feflly witnefs, who being obferved in the time di Juliui C£far S 
 continued in "Tiberius his time and afterwards,until in the reign 
 of Claudius 'tis faid that Caradacuf ruled over many Nations : 
 • for its a certain maxime, that though great Nations may be up- 
 holden by power,fm3llTerritories muft be maintained by jullicei 
 without which) the door will be foon fet open to the next paf- 
 fengcr that comes, efpecially where the people are bent to war 
 as thefe were, and therein had attained fuch exquifite perfection 
 ofskill in Chariot fervice, as muft needs convince us of their 
 much experience againft themfelves,in regard that to other peo- 
 ple it was fcarce known i no, nor yet to C£far himfeJf,that had 
 
 been 
 
BRITO NS. 
 
 been pra(ftifed in the wars of all Nations. And this is all that 
 I-can produce out of (lory, touching the government of Britain^ 
 before the entry of that light that lightneth every one that coin- 
 cth into the world. 
 
 CHAP. II. 
 
 - > 
 
 Concerning the converfion of the Britons ttnto the Faith, 
 
 IT was long before the Son of God was inwombed, & whiles 
 as yet Providence feemcd to clofe onely with the Jewifli 
 Nation, and to hover over it^ as a choice picked place from 
 all the earth, that with a gracious eye furveying the forfaken 
 condition of other Nations, it glanced upon thislfland i both 
 thoughts and words reflcded on Iflcs, Tiles of the Gentiles, Ifles Ifa. 42. 4* 
 afar off, as if amongft them the Lord of all the earth had found ^i* 5* 
 out one place that ihould be to him as the Gemme of the ring ^^* ^*^ 
 of this Tcrreftrial Globe ; and if the waies of future providence 
 may be looked upon as a glofs of thofe Prophefies , we mult 
 confefs that this Illand was conceived in the womb thereof) 
 long before it was manifefted to the world. 
 
 To recover the forgotten waies of paft providence, is no Icfs 
 difficult,than to iearch out the hidden bowels of future promifcsi 
 and therefore I fhall not buHc my felf to find out the particular 
 inilruraents that brought Gods prefence into this dark corner i 
 but only glance' at the time and manner, that it may appear we 
 were not forgotten, nor yet lofl, or leaft in mind, at that 
 time of the difpenlation of this grace unto all men. I dare 
 not inftance as G/Mw, the certain time of fix years i yet I 
 may fay, that no fooner was the Scepter departed from 'Jttdah^ 
 but with a fwift pace, both it and the Law-giver came hither 
 like an Arrow flying through other Countries, but fticking with 
 a ne plus ultra in this Illand (then a People rather thdn a Com- 
 mon-weal ) as if we were the only white that then was ia Gods 
 aime. Its probable in the highcft degree that the work was 
 done within the firft Century, and very nigh about the Apo- 
 Itolick times i for that in the fecond Century , Britain was a 
 
 C 2 Churcli 
 
4 BRITON S, 
 
 ■^■^ ^■^——1 III ■ ■^^■^■■■■■■ , i, ■■■■ _ — ■ i ■ ■ ■ ■ i 
 
 Church of Fame, and known to the Fathers that dwelt afar oflfj 
 even to Tertullian and Origen^znd in (hort time had outreach- 
 ed the lloman confines in that Ifland (which had co(i them a- 
 Tcrmlady. b(tve two hundred years Travaile) and was grown to the ftate 
 ]udaeos. of the firft Chriftian Kingdom that ever was: unto which, 
 
 if we Oiall allow time for the gathering and growth thereof 
 unto this royal pitch , proportionable to the half of that 
 which afterward was fpent in the like work, upon the Saxon 
 and Danifh Kings, we mull in reafon conclude that the work 
 was firll ordered by Apoftolical diredlion , or fome of their 
 EmifTaries. Cuftoms alfo do not obfcurely declare ages. For 
 before that Pms^ Bifhop oiRome^ began to fpcak in the big lan- 
 guage of Decrees, it was indifferent to keep Eafter either upon 
 the day obfei ved by the Roman Chiirch,or on the day according 
 Phrlna.devir ^° ^^^ ^^^^ cuftom v and although the Roman Church be- 
 Elcuthe. * g^" within fifty years after the death of John the Evauge- 
 liil, to fiickle to impofe their cuftome upon other Churches > 
 yet the Church of Britain conformed not to that courfe by the 
 Bed?. I. 5. fpace of five hundred years after that time* which refledteth 
 "P- ^5* probability, that the Church was there fetlcd in timesof in- 
 
 differcncy, not by Roman order, but by fome other purpofed 
 mefTcngcr. 
 
 The manner yet is more remarkable, for that not only Prin- 
 cipalities and Powers, and Spiritual wickednefTes in high places 
 Cwhich arebiitftumbling-blocksj but alfo natural wifdom of 
 the Druides, who were malkrs of the confciences of the Britom^ 
 and their high conceipt of their excellency above the ordinary 
 ftrain of men, and unto which the Crofs of Chrift is meer 
 foolilhncfs > and above all, the deep obligement of the people 
 imto thefe their Rabbies, in a devotion beyond the reach of o- 
 thcr Nations i all thefe, 1 fay, flood in the way, and rendred 
 the people more uncapable of any new light. But when the 
 time fore-fet is fully come, all mountains are laid low, and dou- 
 ble-folded doores fiy open i and this Conqueiour of all Nati- 
 ons attempts Britain not in the rear , nor by undermining, but 
 affailes them in their full ftrength, prefents in a clear Sun-fliine 
 that one true Sacrifice of God man> at the appearing whereof, 
 their thadows cf many Sacrifices of mans flelh flie away. And 
 
 thus 
 
B RJTONS. 
 
 thus" thofe Druides that formerly had dominion of the Britons 
 
 faith, become now to be helpers of their joy, and are become the Orlgen.hom.^. 
 
 leaders of the blind people in a better way, and unto a better ^"''* 
 
 hope ■■) and held forth that light which through Gods mercy 
 
 hath continued in this Illand ever fince, through many ftorms 
 
 and dark mifts of time, until the prefent Noon-day. 
 
 CHAP. III. 
 
 Of the entry of the Romans into Britain , and the (late 
 thereof durwg their continuance. 
 
 T 
 
 His converfion of the Druides was but the firft ftep to that 
 _ which followed \ for the Decree was more full of grace p;, 2. ^^ 
 than to make this Ifie to be only as an Inn for him to whom 
 it was formerly given for a poflellioni The Romans are called in 
 to the work, under whofe Iron yoke, God had fubdued all Na- 
 tions, thereby more fpeedily to bring to pafs his own conqueft, 
 both of that one head, and all its members. The firft C^fxr 
 had entred Britain before the Incarnation, and having feen and 
 faluted it, and played his prize, recurnM with the fame only of ^^j^i^^ 
 conquert of fome few Lordlliips neighbouring to the Belgick 
 (bore j and fo it continued correfpondent to the Romans^ or 
 rather forgotten of them till the time of C/<2«^/;(f the Empe- 
 rour j who being at leifure to bethink him of the Britons tri- y: » | 
 
 bute, or rather afpiring to honour by a way formerly untroden 
 by his Anceftors, hrll fetled Colonies in Britain , and brought 
 it into the form of a Province, and ingaged his fucce/Tors in a 
 continual war to perfcd that work, which outwearied their 
 ftrength at laft, and made themforegoe the prey, as too heavy 
 for the Eagle to trufs and carry away. 
 
 It oft bctals, that things of deformed.fhapeare neverthelels 
 of excellent fpirit, andferve the turn beftofall: and it is no 
 lefs remarkable, that this tide of Roman invalion, however it 
 reprefcnted to the world little other than a tumour of vain- 
 glory in the Komans, that muft needs be fatal to the Britons 
 
 liberty 
 
6 BRITONS. 
 
 liberty and welfare : yet by over-ruling providence it conduced 
 (o much to the Britons future glory> as it mutt be acknowledged 
 oneof the chief mafler-picces of fupcrnatural moderatorfhip 
 that ever this poor Illand met with. Firli, it taught them to 
 bear the yoke, to ftoop, and become tradable j for (lubborn 
 fpirits mult hrft ftoop under power? betore they will Aoop to in- 
 ftrudion h but this only in the way i for tradablenefs, if good 
 cnfue not, is of it fclf but a difpolition for evil. Secondly^ it 
 brought into Britain the knowledge oi Arts and civility i and 
 Tacir. vir. queftionlefs it was a wife policy of ^^gr/W.^, to go that way to 
 Agric. work j for its an eafie and Royal work to govern wife men, but 
 
 to govern fools or mad- men, is a continual flaveryi and thus 
 Religion already fetled in Britain , became honoured with a 
 train of Attendants and Handmaids. Thirdly, they reduced 
 the number of little Lordlhips nigher to the more honourable 
 eftate of Monarchy ; for the Ivow^;//, by dear experience, find? 
 ing no ftability or aflurance in what tliey had gotten, fo long as 
 fo many petty Kings| had the rule i they wifely brought the 
 whole into one Province (becaufe it is much eafier to govern 
 many fubordinate each to other> thin co-ordinate one with ano- 
 therj over which they allowed one chief, to rule the people ac- 
 cording to their own Laws, faving their fervice to the Romans 
 and their Lieutenants, until they were neceflitated to yield up 
 all to the next occupant : This ferved the Britifli Church with a 
 double intereft. The firl\, Religion fpreads fooner under one 
 uniform government, than under variety j and under Monar- 
 chy, rightly ordered, rather than any other government what- 
 foever i albeit that other governments may afford it fafler foot- 
 ing when it is entred. Secondly, Kome was a renowned Church 
 throughout the world for gifts and graces j and it is obvious to 
 conceive that it was fpecially purpofed by divine providence to 
 make that place a Fountain, that from thence the knowledg of 
 Chrift might convey it felf joyfully with the influence of Impe- 
 rial power, as the fpirits with the blood, into all Nations of that 
 vaft body. 
 
 Above one hundred years were fpent in this Provincial way 
 of government of Britain , under the Roman Lieutenants j 
 during all which time, Religion fpread underground) whiles 
 
 the 
 
B RITONS. 
 
 the Roman power in a continual war fprang upward : Nor is it 
 (tranee that Kel.gion iliould thrive in war , the French wars 
 in E^rP^r^ the Thirds time brought much of this happmefs to 
 EnzlandixomihtV/aldenfes ; and Germany had no lels bene- 
 fit by the wars oiCbarhs the Fifth with the Italians, French.znd. 
 Jurks : and thus the Ilomans levened with the Gofpel , by ex- 
 chaneine men with Britain , and other mutual correfponden- 
 cies inlinuatcdthat leven by degrees, which in the conclufion . 
 prevailed over all. r c • - 
 
 For the Roman Lieutenans having gotten fure footmg m 
 Britain, fteered their courfe with a different hand i generally 
 they were of the Roman ftamp, feeking to kil Chrift in the 
 Cradle i and by that means Religion met with many bitter 
 ilorms of bitter perfecution, and fo was compelled to bear a low 
 fail i but fome being more debonaire, and ot wifer obfervation, 
 foon found, that the way of jufticc and gentlencfs had more 
 Force in Britaine than Arms, and fo end<:avoured to maintaiii 
 that by moderation which they had gotten by labour and blood 
 (as it is ever feen that where conquefl is in the van, gentlcnefs 
 follows in the rear, becaufeno Bow can (land long bent , but 
 at length muft give in and grow weakO And thus by conni- 
 vance the Britons got a little more fcope, and Rehgion more 
 encouragement, till it became acquainted with the Roman De- 
 puties began to treat with the Emperoursthemfdves, and un- 
 der the wife government o{Jurelm, the Emperour mounting 
 into the BritilT^ Throne , Crowned Lucius hrft of allKm^s 
 with the Royal Title of a Chrifiian. 
 
 He now not fo much a Vaffal as a Friend, and Ally to the K^- 
 mans, and perceiving the Empire to be pall noon, and their 
 Lieutenants to comply with the Chrifiians, began toPJoyjac 
 for future Generations, and according to the two grand detects 
 of Religion and Juftice, applied hirafelf for the ellabliihT.ent ot 
 
 Religion in Britain hath hitherto been for the moft part 
 maintained by immediate influence from Heaven. No Schools, 
 noLearning, either maintained ordefiredi the want whereot, 
 together with the perfecutions llirrcd up by the Emperour s, 
 cfpecially Vomitia7t , brought the Church to fo low an ebb, that ; 
 
8 BRITONS, 
 
 the Sacraments ceafcd) for Hiftorics tell us that Lkcw fent to 
 K<7wefor relief > and that theBifnop of tiut place Twhether 
 Evarijtiis or Eleittherim) fent over Learned men to Preach and 
 ^Baptize both King and People i and in this, Kome might proba- 
 ^ ^^ o biy gain feme Honour, although pollibly the King intended it 
 an. i8i. ' ^0^ or much Icfs to acknowledg any Authority or Power in 
 that Church, over that of 'Britain. This 2idioi Lucius fo advan- 
 ced him in the opinion of Writers, that they know not when 
 they have faid enough: Some will have him to betheinftru- 
 ment of the hrft entry of Religion into this Ifle : others, that he 
 fetled a form of Church-government under the three Arch- .^ 
 bilTiops of London^Tork^y and Caerlion upon Vske^znd 28 Birtiop- | 
 ricks i thefirft of which is cried down by many demonlkative 
 inftances, nor can it confift with the fecond, nor that with it, or 
 with the truth of other ftories. For it neither can be made out , 
 that L«ci/w had that large circuit within his Dominion , nor 
 that the title of Archbifliop was in his daies known j and 'tis 
 very improbable that the Britifh Church was fo numerous, or 
 that Religion in his time was over-fpread the whole Ifland : nor 
 is there any mention in any Author of any Monuments of theie 
 Archbifhops, or Bifhops of Britain , for the fpace of 200. years 
 after this Kings reign, and yet no continual raging perfecution 
 (that we read of) that fhou Id enforce them to obfcure their 
 profeiTion, or hide their heads ; or if fuch times had been* it 
 would have been expected that Bifliops in thofe daies fliould 
 be in Britain ( as well as in other places) mort famous for gifts 
 and graces, and pafs in the forefront of perfecution. But we 
 find no fuch things no not in the rages oiVioclefian, which 
 made the Britifti Church famous for Martyrs : Writers fpeak 
 of Alban^ Amphihalm^ Aran-, Julim^ and a multitude of Lay- 
 people, but do not mention one Bifhop,nor Presbyter,nor other 
 W. Wenm. CJergy-man, but quendam Clericum^ a man it feems of no note, 
 an. 303. and of unknown name. In Charity therefore the Englifl'i Church 
 
 in thofe daies muft be of mean repute for outward pomp i and 
 not lifted up to that height of Archbilhops, when as Kome it felf 
 was content with a Bifhop. 
 
 Somewhat more probable it is, that is noted by Writers con- 
 cerning LuciiK his endeavour to fettle the Common-wealth, 
 
 and 
 
BRITONS. ^ 
 
 — ^— .^____ __^^^_______^ ' 
 
 and gooil Laws for government, and to that end did write a 
 Letter to Eleutheriuf ^Biihop ofRome^^oi a model of the Roman 
 Laws i probably being induced thereunto by the fplendor of 
 the ftate of the Roman Church and Common-weaU the only 
 favourite of fame in thofe times through the Northern parts of 
 the World. Things afar orti confefs are dim) and its meet that 
 Antiquaries fhould have the honour due to great aftcr-l;ght. 
 And therefore I might think (as fome of them have done) that 
 the Epifde o'i EUutherm to King Luciits is fpurious , if I could 
 imagine to what end any man (liould hazard his wits upon fuch 
 aHdioni or if the incongruities charged againft it were incu- 
 rable •, but being allowed to be hvl\ written in Latine, and then 
 tranilated into Britifli for the peoples fatisfadion i and in that 
 Language ('the original being loi\) traduced to polkrity i and 
 then by fome Latine Writer in after ages, returned into Latine, 
 and fo derived to thefe times (all which very probably hath 
 been) fuch occafions of exceptions might well arife by miftakc 
 of tranllators and tranfcribers in ignorant times, and the fub- 
 ftance neverthelefs remain entire and true. Confidering there- 
 fore that the matter of that EpilUe favoureth of the purer times q- a * 
 of the Church, and fo contrary to the dregs O^Komulus^ T mean, 
 the policy, pradice, and language of the Roman Clergy, in thefc 
 latter ages, wherein this forgery (if fo it be) was made i I muft 
 allow it to pafs for currant for the fublhnce, not jurtifying the 
 fyllabical writing thereof. 
 
 To others it feemeth ncedlefs and vain, that Lucius (hould 
 fend for a model to E/f wf/^m/^-, when as the Roman Deputies 
 and Legions at home might have fatisricd the Kings delire in 
 that particular,or their own experience might have taught them 
 grounds fufficient, after two hundred years converfe with the 
 Komans, that they iliould have little needed a model for that 
 which they favv continually before their view, or might have 
 undcrllood by inquiry of their own acquaintance. But what 
 could be expeded of rough Souldiers, concerning form of 
 government of a Common-weal ? or if fome exceeded tha 
 ordinary flrain in policy, yet they were too wife to commu- 
 nicate fuch Pearls to conquered Nations, that ought to look no 
 higher than the will of theConquerour, and fublfll in no better 
 
 D con- 
 
lO BRITONS. 
 
 condition than may be controlled by the Supream Imperial 
 Law of the Lord Far amount : or if in this they had correfpond- 
 ed to the deli res of the Britainf^ yet being for the moft part ig, . 
 norant of the main, they could never have fatishcd the expedta- 
 tions of a Christian King, who defires fuch a Law as may be- 
 friend Religion, and wherein no man was more like to give di- 
 red:ion than Eleuiherms j who feeing a kind of enmity be- - 
 twcen the Roman Laws, and Chrifts Kingdom, fends to the 
 King a fair rcfufal of his requell: upon this ground? that leges 
 Koma>j,K & Cdfar'vsfemper reprobare psjfumuf i he faw that they 
 were not well grounded^ he therefore refers the King to the fa- 
 cred Scripture, that is truth it felf. Laws that come nigheft to 
 it are moft confiant, and make the Government more eafie foe 
 the Magillrate, quiet for the people, and delightful to all ; be- 
 cause mens minds are fetled in expedation of future events in 
 Government, according to the prefent rule > and changes in 
 courfe of Government, are looked at as uncouth motions of the 
 Celeftial bodies, portending judgements or diffolution. This- 
 was the way of humane wifdom j but God had an eye on all 
 this, beyond all reach of pre-conceipt of man,which was to make 
 England happy in the enjoying of a better Law and Govern- 
 ment than Kc/wf, how glorious foever then it was j and to de-- 
 liver that iJland from the common danger of the world j for 
 had we once come under the Law of the hrft Beaft, as we were 
 under his power ; we had been in danger of being born Slaves 
 under the Law of the fccond Beatt, as other Nations were,who 
 cannot fhake it off to this day. 
 
 But Lnciuf lived not to effedt this work > it was much de- 
 layed by the evil of the times > nothing^was more changeable. - 
 th4n the Empire;|0»»7 i the Emperou^^many of them foviti- 
 ous, as they were a burden to man-kind > nor could they endure 
 any Deputy or Lieutenant that were of better fame than them-- 
 felves had. Some of them minded the affaires of the Eafi:, o- 
 thers of the North i none of them were ad omnia: And the 
 Lieutenants in Britain , either too good for their Emperour, 
 and fo were foon removed » or too bad for the people of the 
 Land, and never fuifered to reft free from tumults and infur- 
 ledtions : neither Lucius could! prevail, nor anyof hisfuccef- 
 
 fors* 
 
BR ITO NS. II 
 
 -■-'-- » 
 
 fors. But paffing through continual crofs flouds of perfecuti- 
 ons, under Maximiaui^ Viocleftan^ and Maxhninianus and ma- 
 ny civil broiles, till the times oiConjUmine^ at length it attain- 
 ed the haven. 
 
 For Conjictntine having overcome Maxentm , and gotten 
 thereby into the highefl: Orb of Government in the Empire* 
 relkd:ed fuch an amiable afped upon the Churches » cfpccially 
 in Britain , as if he had intended to pay to them all that God 
 had lent him. A wife Prince he was queftionlefs i yet towards 
 the Church (hewed more aifedioni endeavouring to reduce 
 the Government in every place unto the Roman Prototype, and 
 therein added much honour to that See, efpecially to Pope Syl- 
 vejier-^ whofe Scholar he had been. This may feem a furticicnt 
 inducement to perfwade, that he was the firrt Patron oi Englifli 
 Prelacy, feeing we rind it in no approved tell:imony before that 
 time i nor was it long after, when as the prefence of the Brit- 
 ti(h BiOiops are found at the Synod by him called at Arles^ viz. .^ 
 
 the Bifhops (not ArchbilhopsJ of London and Xor^, and the . ^^ 
 Bifliop oiMaldunst and thofe in no great pomp, if the relation 
 be true, that by reafon of their poverty they were not able to 
 under^oe the charge of their journey and attendance, foasit 
 fcems they had but new fet up, and had not yet found out the 
 right way of trade that theBiihops had attained. And thus 
 God ordered rirrt the fetling of a Government of the Church 
 mBritain^ and its Liberties, before the Secular part enjoyed a- 
 ny ; therein working with this Nation, as with a man, making 
 him to be honm homo before he can be bonus civU. 
 
 The Church of Britain thus fet together, is wound up for 
 motion i they foon learned the ufe of Synodsi from that Synod 
 at Arles^ if they had it not before i and took as much power 
 to themfelves in their Synods, as in other Countries were uled, 
 and fomewhat more to boot. For they had the hap to continue 
 in Britain in free courfe , a full century of years before the 
 civil Magiftrate had any other power, but what was wrapped 
 up under the allowance of their Roman Matters, who like 
 Gcti/o, looked upon the Church- affaires as out of their Sphear. 
 and therefore cared for none of thofe things i or if the lea! ot" 
 any See far prevailedjit was much in favour of the Billiops,upon 
 
 D 2 whom 
 
12 BRITONS, 
 
 whom the Emperours began to dote as Oracles j and this raifed 
 the price of the Clergy, and taught them the wayto fifh for 
 themfelves : No wonder it is therefore if Synods in Britain^ or 
 rather the Clergy in the Synods (which probably were then 
 the reprefentative body of the Nation) fwayed all that was free 
 from the Roman Magiftracy, and in fome things out-reached 
 their limits i efpecially during the interim wherein the Ko- 
 mans held the arms of civil Magiftracy bound, and let the •• 
 Clergy have their fcope, that foon began to be ambient,and con- 
 ceipt a new Idea of deportment, like that of the fecond beaft in 
 its infancy : Nor did the Britons efpy their danger herein, for 
 they had been ufed to idolize their Druidesi and it was no 
 more but faces about, to do as much for their Bifliops. Of this 
 power of Synods I fhall propound but three preldentSv and fo#f^ 
 draw to a conclufion of what I think meet to note concerning 
 the Britiih aifairs. I fuppofe it will not be doubted, but that 
 publique confultations concerning the publique government of 
 any place or Nation, ought not to be called but by the Su- 
 pream power i and that fuch confultations are to bedireded 
 by that Supream power. The Britons had a King, and yet 
 M. '^^'^^'^i"- without his confent they call a Synod againft the Pelagian He«- 
 ^•:>t\ci9lr,' reti^o and chufe a Moderator from beyond the Sea, and by that 
 Synod not only overwhelmed the Hereiie, but excommuni- 
 cated their King. This was a National Synod, and might well 
 Hand with the rule of State,which then had feated the Supream 
 power in the people, as I formerly noted out oiVion. But it 
 could be Tio warrant for that which followed , viz. that a 
 Country Synod fhould excommunicate a King, as it befell in 
 ConcI' Brir. ^'^^ "^^^ ^^ ^^'^^^ ^^^ Morcant. Or that fuch a Synod lliould 
 F.49>''"-o8'- intermeddle in matters oi menm and tnum^ as in the cafe of 
 Lflumack^^ who having invaded the patrimony of the Church> 
 Concil. E«ir. the Bilhop oi Landajf, in a Synod of his Clergy enjoyned him 
 3^5- penance i and the like bcfel unto Broci^z/6?i/^, who was compel- 
 
 led by the Synod to make amends to Civiliack^Kiihop o^Lan^ 
 daff^ for injury to him done : which I note not by way.of im- 
 putation i for this exorbitancy (iffo it were) might correfpond 
 withthefe times, wherein very probable it is, that juilice could 
 not be had eUewhere i and had the Clergy, beea as careful of 
 
 Holinefs.^ 
 
SAXON S. 
 
 Hblinefs, as in the former cafes they fcem jealous for jufticcv 
 Britain mad have had the repute of a Nation of Pricfts and 
 Holy men, rather than of Tyrants : whereas it was become a 
 glut ofwickednefs, and a burden that God would endure no Gildas. 
 longer i which rendreth their Synod lyable to exception, as be- 
 ing fuch as were either lifted up, or drawn atide, and as the Lift 
 to the Cloath, Iheweth that the Nation flood in need of that in- 
 ftrudion which with a Ikong hand God WTOught into them by 
 the fad Calamity which enfueth. . 
 
 ^3 
 
 CHAP IV. 
 
 of the entry of the Saxons^ and their marttter of 
 Government. 
 
 WAfted with time, and wounded by eternal doom, the. 
 glory of the Weftern Empire going down apace, now 
 draweth nigh unto its everlafting night : and that vaft body 
 ("not able longer to fubfift, but dying by degrees) abandons this 
 Ifle of Britain its utmoft limit , and lafl: inhvened to fublift a- 
 lone miferably, or elf'*^todie. The choice was more difficult 
 by how much the more England was much walkd intheRo-- 
 m^n wars, the flower of their ftrength fpent in forraign fervice, 
 the remainder but few, and thefc exceeding vicious ■> and which. 
 was word of al],ingaged by the Komans in a war with the Pi<fl:s, 
 againft whom the Romans themfelves found it too burden- 
 fome for them to hold out, without the help of a wall ; and albeit. 
 that the very name of an old Servant of four hundred years 
 continuance, might have moved a Roman heart to commifc- 
 ration, yet their fpirits fail, and forfaken England mufr now go 
 into the VVildernefs, and naked as they arc, endure the brunt of 
 the cold ftorms of the Northern Pids, without any fiielter but 
 the hidden will of God then frowning upon them. In this, 
 condition, they half defperate, feek for a cure in ireafon worfe 
 than the difeafe. For it had been better for them to have 
 ftooped to hard conditions with the Pids, confidering they were 
 
 all, 
 
H 
 
 S AXONS. 
 
 all but one people, and diflfcnng only fay the breadth of a wall, 
 than to call in a new people whofe qualities they were igno- 
 rant of, and at the beft to make them their companions, who 
 might prove C^s they afterwards 'did) both Lords and Mafters 
 over them. But theirc isnoreafoii againft God's will.. The 
 
 Aman 1. i5. ^'^''^''''^J needed prefent help, they overlai'd by invasions from 
 the Pidls (who foon efpied the Komans gone , and their own ad- 
 vantage) fent for aid where they were moft like tofpeedfor 
 the prefent, and left (he future to look to it felf. Ireland wis 
 nigh, but we find nothing concerning their intercft in fhippingi 
 the French coafis were not tTreir~6Mrnmen7bHng yet within the 
 Roman Line : and none were at lil)erty, but fuch as were never 
 
 Zoniinus hilt. ^^'^^"^^^ ^Y t^c Romans : Only the Saxons are in the thoughts 
 
 lib. 3. * of the Britons^ a mighty people not far off, able to mate the Ro- 
 
 tnans in their chiefell pride, and though in a manner borderers 
 upon the Roman world, yet unfubdued by them, ufed to the 
 wars, mighty at Sea i and now given over by the Komans in a 
 plain field, were at leifure, and fo well knew the way to Britain^ 
 thztiht Komans intituled th'ecoafts oi Norfolk^ and Suffolkjho, 
 
 iA.mian. lib.28. Saxons Coafts, from the many vifits that the Saxons had alrea- 
 dy made into thofe parts, full fore againft the Komans wilJs. 
 
 I hold it both needlefs and fruitlefs to enter into the Lifts 
 concerning the original of the Saxons i Whether they were Na- 
 tives from the Northern parts oiGermany^ or the reliques of the 
 Macedonian kxm^ Mnditx Alexander, But it feems their go- 
 vernment about the time oi'Tiheriuf was in the general fo fuita- 
 ble to the Grxcians^ as if not by the reliques oi Alexanders Ar- 
 my (which is generally agreed, emptied it felf into the North) 
 yet by the Neighbourhood oi Greece unto thefe Nations, it cari- 
 not be imagined, but much of theGrsecian wifdom was derived 
 into thofe parts, long before the Komans glory was mounted up 
 to the full pitch : and becaufe thjs wifdom could never be thus 
 importedj butinveifels of mansflefli, rigged according to the 
 Grecian guize , it may be i\'ell fuppofed that there is forae con- 
 fanguinity between the Saxons and the Grecians^ although the 
 degrees be not known. The people were a free people,govern- 
 cd by Laws, and thofe made hbt after the manner of the Gaith 
 
 Cxr.Ccm. (disC^far nowM) by the great men, but by the people > and 
 
 there* 
 
 30. 
 
 Suffrid.Petrus 
 FnT. antiquir. 
 iib. 3. cap. I. 
 
SAXONS, 15 
 
 therefore called a free people, becaufe they are a Law to them- 
 felves 5 and this was a priviledg belonging to all the Germans-^ 
 as 'Tacitus obfervethj in cafes ot moft publique confequence (de 
 majoribus omnes) like unto the manner both of the Athenians Hiflor. Germ, 
 and Lacedemonians in their Concio. For which caufe alfo I Plutarch, vie. 
 take the Gauls to be ftrangers in blood unto the Britons^ howe- ^°J:°"" ^ ^i' 
 vcrnigh they were in habitation. That fome matters of adion 
 C«fpecially concerning the publique fafety) were by that general 
 vote concluded and ordered, feems probably by their manner 
 of meeting with their weapons. But fuch matters as were of 
 left concernment, theCouncel of Lords determined deminori- ^jbi^us. Si^y: 
 his Principe Sy faith the fame Author. Their Country they -yi, 
 divided into Counties or Circuits, all under the government of 
 twelve Lords, like the Athenian territory under the Archomes xenophon. 
 Thefc fwith the other Princes) had the judicatory power of 
 diitributive juftice committed to them, together with one hun- -^^^-^^ 
 dred of die Commons out of each divilion. The Elcdtion of 
 thefe Princes with dieir .Commitlion, was concluded inter wa- 
 joraby the general AiTemblyi and tliey executed their Coin- 
 milTion in Circuits, like unto the Athenian Heliaftick or Sub- Eqjjus, 
 dial Court) which was rural, and for the mod part kept in the 
 open aire j in brief, their judicials were very fuitable to the //- 
 ihenian, but their military more like the Lacedemonian , whom 
 above all others in their manners, they moft refemblcd. In their 
 Religion they were very devout, faving that they muchrefted 
 in the reverence they bare to their Prielb, whom they made the 
 moderator of their general AiTembly , their Judge, Advocate, 
 and Executioner in Martial Law j therein fubmitting to them 
 as unto Gods inftrument. They worflup an invilible and an 
 inHnite Diety: mans fleOi is theuSacritice of higheft account; 
 and as often as they make inquiry by lots, they do it with that 
 folemn reverence as may put all the ChrilUan world to the 
 ~ bluOi. precatus Veos^ ccelumque fttfpiciens i and this done by the 
 JPrielt of the Town (if it be in publique caufcs,) or ether wife, if ^ 
 
 private, then by the Mafter of the Family i fo as they had Fa- 
 mily- worfliip as well as publique. Thefe things I note, that it 
 may appear how nigh thefe invited guerts refemble the old Re- 
 ligion of the Britons , and. how probable it is, that this llland 
 
 hath " , 
 
i6 SAX N S, 
 
 A vent. Anal, hlth from time to time been no other than as a Sewer to empty 
 Bowr, 1. lo. the fuperfluity of the German Nations i and how the influence 
 Tac't'^'iis ofthefe old principles doth work in the fundamental govern- 
 ment of this Kingdom, to this prefent day. Thefe are the in- 
 ftruments chofen by God, and called by the Britains to be their 
 deliverers from their Enemies » which they did indeed, yet 
 not fwayed thereto by love of julHce or compailion •-> for f if 
 >AiniaD. writers fay true) they were no better than high-way men both 
 
 by Sea and Land, but by their love of fpoil and prey, and by 
 the difpleafureof God againft a diffolute people. They pro- 
 fefsfriendOiipneverthclefs in their hrft entrance", but cfpying 
 the weaknefs of the Britons, and feeling the ftrength of the 
 Pids, and finding the Land large and good, they foon pickt 
 quarrels with their Hoaft, made peace with the Pi(^s, and of 
 fained Friends, becoming unfained Foes to the Britons, Mat- 
 tered a poor remnant of Chriftians, fomc to the furtheft corners 
 of the Kingdom, others into forrain Nations, like fo many 
 Seeds-men, to fow the precious Seed of Life in a favage foil. 
 And thofe few that remained behind, profiting under much mi-; 
 fery, by their dod:rine and good example yielded better blef- 
 fings unto their new-come guefts than they cither expedred or^ 
 deiired. And thus the miferies of poor Britain became riches-, j 
 of mercy to the North and Eaftern people i and the ruines here; 
 the foundations of many famous Churches clfe-whcre. Nor" i 
 yet was mercy from the Britons utterly taken away, nor their, 
 blood drawn out to the laft drop i or their name quite blotted 
 out of the book of fame : for whereas two things make men mi-' ■ 
 ferable, viz. the heavincfs of the burden without, and the failing- 
 of the heart within, and Gods ordinary way of redrefi of the 
 former beginneth in taking away the latter '■> thus dealt he with 
 the Britons ••> for in danger, as want of ilrength breeds fear, and 
 thatfby extremity) defpair, fo defpair oftentimes revives into 
 a kind of rage that puts ftrength forth beyond reafon "> I fay be-' 
 yond reafon, for caufe cannot be given thereof, other than Godsr 
 extraordinary difpenfation in a judiciary way, when he feeth the* 
 Wronger to wax infolent over the weaker. Thus the Britons 
 fled from the Vicis fo long as they had any hope of relief from 
 flic S axons --i but being become their Enemies , and purfuing, 
 
 them 
 
SAXONS. 
 
 them to the low-water mark, that in all reafon they muft either 
 drink or bleed their lafti then their courage revived, and by 
 divers Vidories, by the fpace of 200. years, God topped the 
 hafty Conqueft of the5^xo«x: the refult whereof by truces, 
 leagues, commerce, converfation, and marriages between tlicfe 
 two Nations, declared plainly that it was too late for the Sax- 
 ons to get all, their bounds being predetermined by God, and 
 thus declared to the world. In all which, God (taming the 
 Britons pride by the Saxons power, and difcovering the Saxons 
 darknefs by the Britons light) made himfclfLord over both 
 pfoples in the conclufion. 
 
 CHAP. V. 
 
 Of kvS^xns coming ^(? f^e Saxons i/^ England, hk enter- 
 tainment, andtporl^. 
 
 During thefc troublelbme times* came a third party that 
 wrought more trouble to this IHe than cither P/5 or 
 Saxon , for it troubled all. This was the Canonical 
 power of the Roman Biihop, now called the Univerfal Bifhop. 
 For the Roman Empire having removed the Imperial refidencc 
 to Conjiantinople, weakned the Weftern part of the Empire, 
 andexpofedit not only to the for rain invafions of the Go//;/, 
 Vandalsy Herules, Lombards, and other flotes of people, that 
 about thcfe times, by fecret inlhnd were weary of their own 
 dwellings, but alfo to the riHng power of the BiHiop of Ko;«?, Naucler.;'-^, 
 and purpofely for his advancement i who by patience out-rode 
 theltorms of forrain force, and took advantage of thofe pub- 
 lick calamitous times to inlinuate deeper into the Confciences 
 ofdiHrelTed people, that knew no other confolation in a plun- 
 dred eftate, but from God and the Bifliop , who was the chief 
 in account amongft themi the beauty of the Bi hop oOlome 
 thus growing in the Weft, made him to out-reach not only his 
 own Diocefs and Province, but to mind a kind of EccIelialHcal 
 
 E Empire 
 
l8 SAXONS. 
 
 Empire, and a title according thereunto j which at length he 
 attained from an Emperor fitted for his turn , and that was e- 
 . nough to make him pafs for currant in the Empire. But Bri- 
 tain was forfiken by the Roman Empire above 1 53. years be- 
 fore : fo as, though the Emperour could prefer his Chaplains' 
 power or honour as far as his own, which was to the French 
 (hore : yet Britain was in another world, under the Saxons 
 powir, and not worth looking after till the plundering was o- 
 ver, and the Saxon affairs fetled', fo as fome fat may be had > 
 then an infirument is fought after for the work, and none is 
 found fo far fit to wind the Saxon up to the Koman bent as a 
 Monk, that was a holy humble man in the opinion of all, but 
 ofthofe that were fo in the truth, and knew him. This i^. 
 Aufin^ fent by Pope Gregory to do a work that would not be 
 publickly owned ■> it was pretended to bring Religion to the 
 Saxons m Engl and \ therefore they give him the title of the 
 ' Saxon Apolile i but to be plain, it was to bring in a Church-, 
 policy, with a kind of worship that rendred the Latria to God, 
 and the P«//'^ to Ko'w^. The Saxons were not. wholly defii- 
 tute of Religion > and that Gregory himfelf, in his Letter to 
 Brunchilda^ the French Queen, confelTeth ; Indicamus^ faith 
 6rcg. Epift. he, ad nos pervenijfe Ecclefiam Anglicanam velle fieri Chrifiia^ 
 Iib.5. Ep-li59- fj^^ •, fo as there was a good difpolltion to Religion before ever 
 Aitjlin cdimQy and fuch an one asrang loud toI?-(7Wf. But far 
 more evident is it from the Saxons keeping of Eafler more 
 Afiatico , which cuffom alfo continued after Auftins coming 
 fifty years, fore againfl Aujiins will : the difpute between Cole- 
 Bed hift.i;b.3. ^^^^ ^^^ Wilfrids bears witnefs to that : and it had been a mira- 
 ^ "' culous ignorance or hardnefs, had the Saxons a people ordained 
 
 for mercy (as the fequd fhewedj converfcd with the Chrifiian 
 Bed.bift.lib. 1. Eri/^i^/ and P/cfj- above 1 50. years> without all touch of their 
 cjp. 25. Religion. If we then take Aujiin in his bef\ colour, he might 
 
 Lib. 5. cap. 4. ^^ ^^jj ^^ bring Religion to the South-Saxons, after the Roman 
 ^ ,,-avu sarbcj and his hotell: difputes ^hhut Ealier,'To}iJ}tre'> the Ko- 
 cap 2-. w^// fupremacy, and his own Legatme power, and his worthy 
 
 Lib. i. cap. J. Queries to the Pope, (hew he regarded more the fafh ion than 
 rie thing i and the falhion of his perfon more than the work 
 he pretended i for he loved thte, and to be fomewhat like to 
 
 the 
 
 ' 
 
S A X JS! S. 
 
 19 
 
 the Legate of an Univerfal Billiopi and therefore of a Monk Greg Epifl.l? 
 he fuddenly becomes a Bifhop in Germjn}\ before ever he had a ^P'*^* '5- 
 Dioccfs, or faw England ■, and after he perceived that his conciI.Erir 
 work was like to thrive, he returned and was made Archbill.op ^i. * , ' 
 of the Saxonr^ before any other Biihops were amongft them i 
 and after three years had the Pall, with titleof Supremacy over E^fl-hift.ltb.i. 
 the Britifh Biiliops that never fubmitted to him. "P* *^' 
 
 His advantages were, firft his entrance upon Keat-, the fur- 
 theft corner of all the Ifland from the Brit^/;:/ and Pi^H"/, and 
 fo lefs prejudiced by their Church-policy i and at iliat very 
 time intcrcfTed in the Roman air above all the other «S^xy(7///: 
 for their King had Married a Daughter oiFrance^ one that was 
 a pupil to Home-, and a devout woman i flic hrft brought Au- «.,•-, ... 
 fiin into acceptance with the King, who alfo at that prcfent caV 1 V 
 held the chief power of all the Saxon Kings in this lllc. which Greg. Epift. 
 was now of great efficacy in this work i for where Religion lib.^.EpUl.59. 
 and power flow from one fpring toone ftrcam, its hard Co chufe 
 i\\G one, and rcfufe the other. And i\\\isKome may thank 
 France for the hrft earnert they had of all the riches of England^ 
 and we for thehrlt entrance of all our enfuing bondage and mi- 
 fery. Auftin had alfo a gift or trick of working miracles, * Thcf. 2. 
 wherein whether nior^fuitable to the working of Satan, or of 
 God, I cannot define. It feems they walked only in the dark » 
 for either the Britons faw through them, or faw them not, nor 
 could Aufiin with his miracles or hnenefs fettle one footftep of 
 his Church-policy amongft them i happily they remembring 
 the Roman Dagon, liked the worfe of the Roman woman \ and 
 the rather becauL' the Carriage of their Meffenger was as full 
 of the ArchbiOiop, as it was empty of theChriftian : I would 
 not touch upon particular palTagcs of adion, but that its fo re- 
 markable, that y^///f/« himfelf, but a Novice in comparifon of 
 the Britifh BiHiops fthe cleareft lights that the Northern parts 
 of the world then had J and unto whom the right hand of fcN 
 lowfhip was due by the Roman Canon , fliould neverthcIeC? 
 lliew no more refpedt to them at their hrl^ folcnin entrance into 
 his prefence than to Vaftals, as I could not but note the famea» 
 a ftrong argument that his whole work ah initio^ was but a va- 
 pour of Prelacy. This the Britilh Bifliops foon efpied , and 
 
 E 2 (haped 
 
20 SAXONS, 
 
 fliaped him an anfwer fuitable to his mefTage, the fubftance 
 whereof was afterward fent him in writing by the Abbot of 
 Bangor , and of late publifhed by Sir Henry Spelman, as fol- 
 loweth : 
 
 BE it kpovph (and without doubt) unto you , that we 
 ally and every one of us are obedient and fitbjedl to 
 the church ofGod^ and to the Pope of Kome , and 
 to every godly Chrifiian^ to love every one in his degree^ 
 in perfe^ Charity ^ and to help every one of them, by word 
 and deed to be Children of God: And other obedience 
 than this I do not kpow to be due to him whom yon name^ 
 to be Tope 5 nor by the Father oj Fathers to be claimed ' 
 or demanded. And this obedience we are ready to give 
 and pay to him^ and to every Chrijiian continually, ^e- 
 Jldes we are under the government of the Bifiop ofC^iet' 
 Jeon upon Uske, who is to overfee under Cod over us^ and 
 caufe us to k^eep the way fpiritual. 
 
 This was the Britons refolution, 'and they were as good as 
 their word', for they maintained the liberty of their Church' 
 five hundred years after this time, and were the laft of all the 
 Churches of Enrope that gave their power to the Roman beaft, : 
 and in the perfon oiHenry the eighth, that came of that blood t 
 by Tf/f^^fr, the hrfl: that took away that power again* Aujiin . 
 having met with this affront, and perceiving that the Britonr 
 were Itronger in their Faith than he by his Miracles, eaft about 
 to try the Saxons curtefiej that what the Ephod could not, the 
 Bcdhift.lib.i. Sword wrapt Up therein (hould. I fay not that he procured^ 
 rap. X. but he threatned or prophefied the deftrud^ion of the Monks 
 
 Concil. Bnu ^f Bangor •, and it came to pafs, and its- by writers loudly fuf- 
 ^'^' "^' pcdred. ^dvtxihdtk tht Saxons were not fo zealous of theii. 
 
 rew Religion, as to make a new National quarrel between th^'- 
 Britons and themfelves, but left the game to be played out by 
 Ahiiin : who finding by experience that it would not prove 
 the work.of one manj left it to fuccelfors to work. out by de* 
 
 greef.. 
 
SAXONS. ar 
 
 grees in efflux of time. And thus Aufiin, neither good Ser- 
 vant to the Servant of Servants, nor good Monk,rctires to fettle 
 his Saxon province, and to prcfent, or rather to prolHtute it to 
 the lufts of that red whore, which was the general piety of 
 thofe ignorant times. 
 
 CHAP. VI. 
 
 Of the imhodpng of Vrelacy into the Government of this 
 
 Kingdom, 
 
 I 
 
 Cannot think that the platform of the myftery of iniquity 
 (when boiled to the height) was ever fore-fecn, or in the- 
 aim of the wicked fpirits on Earth, or thofe in Hell i yet 
 were they all inftruments of this monflrous birth , filled with- 
 fubtilty and mifchief, guided principally by occalion, and over- 
 ruled by the Juftice and Wifdom of God, to make a yoke for- 
 Monarchs, and a fcourge to the world for their rcfufal of the 
 government ofChrift, until this Monfter came to pcrfe«flion 
 and wherein themfelves vf&iQfeloesdefe^ and wrought their. 
 own mifchief; for Aufiin coming in as a third Proprietor with 
 King and People •, and having gathered the materials of a 
 Church> reafon told them that a form of government muft 
 be fetlcd in that Church i the Saxons had no principles of their 
 own, f for they had no learning) and to go to the Briwis for. Tacit, mcr. 
 a pattern might be thought ignoble i and where the choice is. Scrm. 
 fmall, its foon made i Kome held now the mofi part of tha 
 Churches o^Europe at School , the Saxons foon refolve, Row*? 
 that had been their Mother, Ihall be alfo their Father : and thus 
 at one draught they drank up a Potion of the whole Hierarchy 
 of Kome from the Pope to the Appaiator, widi 2 guicqttidimpo^ 
 nitur & imponetur, which was of fuch lalting efficacy, that it 
 ceafeth not to work even to thisdayr although it was flow in 
 the firft provocation ; For the Saxons had a Common-weal 
 founded iathehberty of tlie peoples and it. was a mafterpicce 
 
 for ; 
 
2 2 SAVONS, 
 
 for Aufiift and the Clergy, To to work, as bo remain members 
 of this Common- weal, and yet retain their hearts for Rome ^ 
 (which was now grown almoft to the pitch of that Anti- 
 chrift : } for rcafon muft needs tell them that the Saxon prin- 
 ciples would not fuffer them to be ad omnia^ox Rome, nor the 
 Roman Canon allow them to be wholly Saxons and they faw 
 plainly that the times were too tender to endure them to be de- 
 clarative on either part, and therefore they chofe a third way, 
 which was toprcfervc the municipal Laws in moderation to- 
 wards the Canon i and to that end to endeavour fuch a temper 
 upon the State as muft admit them to be in repute, fuch as 
 without whom the Common-weal co.ild not well fubfift, no 
 more thjn a body without a foul , and that few occallons 
 fhould befal, but at leaft in ordine remoto, muf^ reiledt upon 
 both, and then all reafon will befpeak them to joyn in the legi- 
 flativc power and government of this Kingdom \ but efpecially 
 as Biiliops, who are now Magn£.f^es altera 'Rom£, and the very 
 top-flowers of wifdom and learning, And unto this temper 
 the Saxons were fuflficiently prepared and inclinable i for it 
 was no new thing for them to admit their Hcathenifli Priefls 
 into their general meetings , and allow them much power 
 therein, and then its but the perfon changed, and they muft 
 do as much for their BiQiopsi now they are become ChrilHan ; 
 efpecially themfelves being all for the held and overgrown 
 with a general ignorance, the common difeafe of thofe times. 
 Kings were in no better condition : it was hard for them to be 
 Baptifed, and not to be Baptifcd into Rome^ and commonly un- 
 der fuch a Covenant as though many might repent of, yet none 
 durft amend : for when as the Pope is Lord of the Confciences 
 of the people, the Kings power may fometimes out-face, but 
 can never govern '■> the Saxon Kings were therefore fain to 
 make a vertue of necetTity, and advance Bifliops to be conimon 
 favorites both oiRome and themfelves, to maintain good cor- 
 fefpondency between both Swords i and to countenance the 
 power of the temporal Magirtrate in cafes ofdifpute, elfe he 
 oftentimes command, and yet go without. Thus tntred the 
 Prelates upon affairs of Kings and Kingdoms, and became 
 iovcrs of Lord(hips, and troublers of States j and if in any thing 
 
 they 
 
SAXONS. 23 
 
 they fervcd their (^ountrey,they ferved Rome much morei their 
 roerchandife was made of the policies and Counfels of all King- 
 doms and States, and fuch returns proceeded as were lUll fub- 
 fervient to the Roman intereft •» and they fo intoxicated the 
 domeftick counfels in fuch manner, as they generally ftaggered, 
 and many times came (hort ot home. Neverthelefs? at the 
 firft this was but rare> clancular, and covered with much mo- 
 deftyi for fexcepting fuch choice fpirits d.s A uji in hzd) Ro- 
 man Prelacy in thefe younger rimes was but Velvet-headed,and 
 endured not much greatnefs or big titles, but fpake like a Lamb, 
 Ego non verbis qu£ro profperari fed moribui^ faid this Gregory to 
 the Alexandrian Bi(hop,who had put upon him the title of uni- 
 verfal Biihop or Pope : and whereas he had in a way of Court- Cfes.Euift ad 
 fhip called Grf^^r/>/ Counfels commands, he ftartles at it > quod Eulog. 
 verbumjuffiom faith he, peto a mso audit h removere, quia fcio 
 quis fum & qui ejiif. Thus Prelacy hrft conveyed it fclfinto 
 opinion, afterwards into confcicnce, and ambition coming in 
 the rear, made it become Loth Bifnop and Lord. 
 
 B 
 
 CHAP. V IL 
 
 Of Aldropolitaas in the Saxons tints, 
 
 Eing in purfuit of the government of this Kingdom in elJcr 
 times, and therein hril of the perfons with their relation, 
 then of their work, and laftly of their Courts and Laws, 
 and now in hand with the Ecclefiaftical perfons, I fhall defcend 
 to their particular ranks or degrees, and (hall fliew what they 
 were in their original, and what overplus they had by Laws. 
 And hrfi concerning the Metropolitan. In his original, his 
 Office was to vilit the BiOiops, admonifn and exhort them, and 
 in full Synod tocorred fuch difordcrs as the Biihop could not 
 reform, and in all things to proceed according to theNPiefcript 
 Canon. . \^ ' Concil Er>. 
 
 Thus witnelTcth B^;j//v/.v, an Archbilhop to an Archb^op p. i^ff. 
 ofan Archbifliop-, not according to the practice of the tinXs 
 wherein it was written, bufaccgrJing to. the ancient rule. For 
 
^+ 
 
 S A X -N S. 
 
 An. 74 5- long before B(7«//^ice his time ArchbiOiops were fwoln beyond 
 the girt of the Canon '■> and before that England was honoured 
 with that rank of men, Metropolitans were become Metro- 
 romians, and above all rule, but that of their own will , and 
 through oommon cufiom had no regard to any other •, To as 
 if England will have them, it muft be content to have them 
 with their faults. But the truth is, the dignity or title, which 
 you will, was a plant of that virulent nature that would fcarce 
 Wag. cent. 5. keep under-ground in the time of the hottert perfecution: 
 cjp. 7. for5'^^x^f;/,Bin"\op of Kffwf, liked the title of univerfal BifliDp. 
 
 And after a little peace,its a wonder how it grew to that height 
 that it had > And no lefs wonderful that the Saxons gave en- 
 tertainment to fuch potentates. Much of whofe fpirits they 
 might haveobferved in the entrance of their firft Archbifliop 
 AnjUn^ if God had not given them over to thraldom under 
 that midery of iniquity, of finful man afpiring into the 
 place of God, taught by that Courtly meffenger of ilow?, be- 
 caufe they would not llioop to that myftery of godlinefs, God 
 maniferted in the fleOi , as it was taught in fimplicity by the 
 rural Pifts and Britons. But this was not all, for becaufe Arch- 
 bilhops were gotten above Canon, which was thought fcan- 
 dalous> therefore they gave as large a power by Canon as the 
 former ufurpation amounted unto, and fo iketched the Ca- 
 non to the mind of the man, when as they (hould have rather 
 reduced the man to the Canon. The words of the Canon in 
 our Engli(h tongue, run thus : It belongs to the Metropo- 
 litan Bifliop to rule Gods Churches •, to govern, chufe, ap- 
 point, confirm, and remove Abbots, Abboteffes, Presbyters, 
 and Deacons, and herewith the King hath nothing to do. 
 'Concl' Brit ^"^ thus^ though the apparent power of Archbifliops was great 
 •p. ipo. * 2nd unlimited, yet what more was wrapped up in that word 
 Churches^ only time muft declare > for its very likely that in 
 thofe daics it was not underltood , yet thepradice doth not^ 
 obfcurely declare the matter i for before this Law was ellablifli- 
 . ed by ^^///A'Tff^in a Council , "whQidnBertnaldui Archbifhop 
 
 -An'.Brir] p. 55. ^^ Canterbury was prelident, and who was firfl Primate of 
 England^ 7if»£'o<j/orf Archbifhop of C««ffr/»«ry,ufed fuch pow^r 
 over other Bifhops in ordaining and removing them, as a wri- 
 ter 
 
SAXONS. 25 
 
 hb, I. 
 
 ter faith, that his rule was no Other than /'fr/«rZ'j/w and imj?!- 
 tm an'mi, and his carriage towards JFilfrid produced as a clp'^a^* 
 teftimony . But the Metropolitan in England as the times then Aut. Iii'ic.p.34. 
 were, had yet a further advantage, even over Kings thenifelvesj 
 for there were divers Kingdoms in this Ifland, and Kings had 
 no further power than their limits afforded them ; but there 
 was but one Metropolitan for a long time in all the Saxon 
 Territories, fo as his power was in fpirituals over many King- 
 doms, and fo he became indeed aherius orbis Papa i and it 
 was a Remarkable tel^imony of Gods fpecial providence, that 
 the fpirits of thefe petty Popes (hould be Co bound up under 
 the notion of the infallibility of the Roman Chairs that they 
 had not torn the European Church into as many Popedoms as 
 Provinces. But no doubt God ordered it for a Scourge to 
 the World, that Antichrift fliould be but one, that he might 
 be the more abfolute Tyrant, and that Kings fliould bow down 
 their necks under the double or rather multiple yoke of Pope 
 and.Archbiihops, for their Rebellion againft the King of 
 Kings. ^ 
 
 CHAP. viir. 
 
 of the Saxon Bipods. 
 
 HAd not Bi(hops been fomewhac futable, the Roman 
 Clergy had not been like it felf i and it had been con- 
 trary to Aujhn s principles to have advanced to Biflionrick. 
 men better qualified than himfelf. They Hra ruled the W 
 Churchjoyntlym the nature of a Presbytery till abou^ Sixty 
 years after Aufitn^s tune, their pride would not endure t^.e- 
 therany longer i and it may be grew fomewhat untraceable 
 under the Metropolitan, that refolved to be prouder tan all 
 and thereupon T/W.r. Archbifhop of Canlburyi^.^llt^ Ant. Bri. ,.. 
 his Province into Five Dioccffes, and by appointment of the toncil.Br,c 
 Kings and People placed Bilhops over each, every o^ of th^^^^^ '5^ 
 bemgof the rights..;., ftamp, as himfelf wa^s of the tlu fb^ ^'" ^^ 
 i^oman fluving. And it had been a wonder if Epifco^y nt ''' 
 
26 S A X U S. 
 
 for thefpacc of Three hundred years degenerated ,: and that 
 into fuch a monftrous fliape as a Pope^fhould by tranfplanting 
 become regenerate into their original condition of meeknefs 
 and humility. But it's much greater wonder that they {hould 
 become fo purely ambitious as not to endure a thought of the 
 ways of fobriety, but would be proud by Law > to let all the 
 world know that they held it no inlirmity but an honour. 
 For albeit that in the hrft time the Bifhops work was to inlkudl 
 and teach, to fee the fervice of God to be diligently and purc- 
 Corcil Brit, lyadminiilredinpublick Congregations, to Exhort, Reprove, 
 X38.145, 1^1. and by teaching to amend fuch matters as he (hould hnd in life 
 and Dodlrine contrary to Religion : and accordingly they 
 Mag. Cent. 7. carried themfelves meekly and humbly, ftudying peace and 
 "^'^' truth, and medled not with Secular Affairs; they are now 
 
 Bed.hifl.Hb. 4, grown up into (late, and muft now ride on horfe- back that 
 cap. 5. y^QjQ ^vont to go on foot Preaching the Word i and mu(t be^ 
 
 refpedted a':ove the rank of ordinary Presbytery ; none piuft- 
 ., -D • doubt of their truth, nor queftion their words, but they mufl: 
 ,95 '* ^^ ' be holden Sacred ^sthe word oi^ siKing,^ fine JHramento fit ir- 
 An. 697.. refragjbile. Their prefence n:)u(t be a Sanctuary agairifl: all 
 
 violence » all Clerks and Religious houfes mu(t ftoop under 
 riJ. 529. their power i their fentence mull be definitive: and thus ad- 
 Aa. ^16. vanccd they muft keep Hate, viz. not go too far to meet Prin- 
 
 ces in their approach towards them, noi: to li^ht oif their 
 Horfts backs to do Princes Reverence at their meeting:becaufe 
 they arc equal to Princes and Emperoursj and if any Bi(hop 
 Concil. 8."gen. ^^j} behave himfclf otherwife, and after the old ruftical 
 fafliion, C for fuch are the words of the Canon ) for difgrace 
 done to their Dignity they muft be fufpended ; fo as by their 
 own confelTion Bifhops henceforth are Bi(hops of a new faftii- 
 on, that muft incur a note of infamy, for fliewing any gefture 
 of humility to Princes, which if any man will fee more fully, 
 let him perufe the Canon if he pleafe. But this is not fublime 
 enough i they muft be not only equal, but in many refpeds 
 fupcriour to Princes ; for in matters that concern God, Omni^ 
 bid dignitatibH! jjrjifnnf'i and more plainly. Princes muft obey 
 Mag. cent. 8. them. Ex corde cum magna bumilitate j and this was allowed of 
 c-'P- 'P- by 0]fai\\t great in a Icgatiiie Synod. And thus highly advan- 
 
 ced 
 
 tonftanc. can 
 
SAXONS. 27 
 
 ced Bidiops are now confecrated to any work, and make every 
 
 thing Sacred. Oaths taken before tlicm are of highert mo- ^ .. _ . 
 
 menti and therefore the trial of Crimes before them and the igj. '' 
 
 ackowlcdgment of Deeds of conveyance in their prefence are An. 69?. 
 
 without controll. Their cullody is a fufHcient Seal to all Ll.Sax^ap.j?. 
 
 weights and mafures, which they committed to fome Clerk n"'^th*eift. 
 
 whom they trullcd i and at this day (though a Lay-perfon) cap. n 
 
 beareth title of Clerk of the Market. And although ancient- Concil.Brir. 
 
 ly they might nOt imereffefecularihus •, yet afterwards it became Concil. Ent. 
 
 a part of their Office to aiifill Judges in fecularcaufes,to fee ^.ti'df'?. 
 
 that jufticc be not wronged : and had the fole co,i;nifance of 
 
 all caufes criminal belonging to the Clergy, their Tenants or 
 
 Servants \ and in their Synods their power reached to fuch 
 
 Crimes of Lay-men as came within the favour of the Canon, 
 
 though it were but in the cold fcent>as the Laws of AtheliUne 
 
 and other his fucceffors fufficiently fet forth. And thus dreffed 
 
 up let them fland allde , that room may be made for their 
 
 Train. 
 
 CHAP. IX. 
 Of the Saxon J'resbyters, 
 
 THefe follow their Lords the Bi{hops as faft as they can 
 hunti for being of the fatre Order ( as the lefs proud p°"?;|;^''^'- 
 times acknowledged J they would not be under foot, and the '* 
 
 others above the top. True it is, that the BiOiops loaded them 
 with Canons, and kept them under by hard work, under the 
 trick of Canonical obedience ; yet it was no part of their mean- 
 ing to fuffer them to become vile In the eyes of the Laity i for 
 they knew well enough f hat the Presbyters mud be their bridles 
 to lead and curb the people ■, and their eyes to fee whether the 
 winds from below blew fair or foul for them, whofe con- 
 fciences already told them that they merited not much favour 
 from the people. They fee it therefore necelTary to inhauncc 
 the price of a Presbyter (omcwhat within the aloye of a Bilhop-, 
 to the end that the Presbytery may not be too like the Babylo- 
 
 ^ 2 niaa 
 
28 
 
 SAXONS. 
 
 Brir. 
 
 Concil 
 p. 448. 
 l-l.Erhem 
 I >id. 406. 
 Goiicil. Brit, 
 
 J 3' 
 
 nian Image whofe head was Gold, and feet of Iron and Clay. 
 A Presbyter therefore they will have to be of equal Repute 
 with a Baron ', and his perfon fhall be in Repute foSacred,as 
 that all wrong done thereunto muft be doubly punifhed with 
 fdtisfadion to the party, and to the Church. His Credit or 
 Fame mult not be touched by Lay-teftimony. Nor is he to be 
 Ll. itdicl c 2. j^jjjj^.j [jy any Secular power i but to be honoured as an Angel. 
 M'lg.'^cnx'i!' Such arc thcfe inftruments of the Bifhops Government-, and 
 cap,*?. ' ihefe are put as a glafTe between the Bifhops and people, and 
 could reprefent the people to the Bifliop black or white, and 
 tlie Bilhop to them in like manner, as they pleafed i and fo 
 under fear of the Billiops curfe kept the people in awe to 
 themfclveSjand it. 
 
 Beacons. 
 
 Sab-Deacons. 
 
 Acolitcj. 
 
 Ixorcifl; 
 
 Goncil. Erie. 
 Ledurccs. 
 
 ©fliaries. 
 
 CHAP. X. 
 
 of other wferiour Church- Officers arttongft /^e Saxons. 
 
 THey had other inferiour degrees of the Clergy, which 
 becaufe they are merely fubfervient, and not confiderable 
 in Church-government, I (hall only toiich upon them. The 
 Hr(l are called Deacons, which were attending upon the Pref- 
 byters to bring the offerings to the Altar, to read the GofpeJ, 
 to Baptize, and AdminiHer the Lords Supper: Then follow 
 the Sub-deacons who ufed to attend the Deacons with confe- 
 crated VeiTels, and other neceflaries for the Adminiftring of 
 the Sacraments. Next thefe Acolites, which waited with the 
 Tapers ready lighted while the Gofpel was read, and the Sa- 
 crament confecrated. Then Exorcit^s, that ferved to difpof- 
 fefs fuch as are pofTelTed by the Devil, an Office C as it may 
 feem. ) of little ufe, yet very ancient i for they are found at the 
 Synod at Aries , which was within Three hundred years after 
 Chriit's death. Lecturers come next, who ferved to read and 
 expound i and thefe were of ufe when Churches began to 
 multiply, and Presbyters grew idle. Laltly, Oftiariesi which 
 uHd to ring the bells, and open and (hut the Church-doors. 
 Thefe are the feveral ranks of Church-officers, being Seven 
 
 in 
 
SAXON S, 29 
 
 in number ( for Bifhops and Presbyters make but one) and 
 
 might be ( as thus ordered ) the Seven heads of the Bead ConcJ. Brie. 
 
 whereon the woman fitterh i and with much ado make up a ^j,*--^. 
 
 kind of Church-fervice fomewhat like a great Hoe in a fnip- 
 
 yard at the ftirringof a little log, and are neverthelefs well. 
 
 paid for their labour. 
 
 I 
 
 CHAP. XI. 
 
 of church-wens maintenafice amongli the Saxonsi 
 
 Take no notice in this account of tlie Abbats and Priors, &: 
 other fuch Religious men, as they were then called » nor can . ^ 
 I pafs them amongft the number of Church-governours or Offi- 
 cers, being no other than as a lixth ringer.or anjcxcrefcence that 
 the body might well fpare, and yet they fucked up much of the 
 blood and fpirits thereof. But as touching the maintenance 
 of thofe formerly mentioned, who had a conftant influence 
 in the Government of the affairs of the publick woriliip of 
 God, and regard of the falvation of the Souls of the people i 
 Ifay their maintenance was diverfly raifed,and as diverlly im- 
 ployed:Firft, through the bounty of Kings and great mcn>Lands 
 and Manoors were beftowed upon the . Metropolitan and Bi- 
 Ihops, in free Alms i and from thefe arofe the maintenance 
 that afcended up in abundance to the higher Region of the 
 Clergy, but came again in thin dews fcarce enough to keep 
 the Husbandmans hope from difpair i otherwife had not the 
 Prelates fo foon mounted up into the chair of Pomp and State, . 
 as they did> I fay, thefe are given in free Alms, or more, 
 plainly, as Alms free from all fervice : and this was doubtlcfs 
 foon thought upon ( for it was formerly in preldent with their ^ 
 HeatheniiTi PrieRs and Druids i as C^far noteth, that they had Com.-tf, 
 omnium rerum immunitatem : ) yet with the exception of works 
 of publick charity and fa fety, fuch as are maintaining of high 
 ways, repairing of Bridges, and fortifying of CalUes, cS-r. and 
 hereof the pre jdenti are numerous. The work whereto this ^ 
 wages was appointed was .the wo^fliipof God, and incrcafe "^ 
 
 Cf. 
 
50 
 
 S A X N S, 
 
 M.Paris in vit. 
 Eadtick. 'Abb. 
 
 An. Toop^ 
 Concil. Brir. 
 
 LI ^-theld.gi 
 
 Fhli fruits. 
 
 Concil. Brie. 
 p.185. 
 An. 6^;. 
 Concil. Brit. 
 
 p. 545- 
 
 Tythes. 
 
 Concil. Eric. 
 p. 298. 
 An. 787. 
 
 Concil. Brit. 
 355- 
 
 Jngulfus. 
 
 <5eft. pontlf. 
 Lib. I. cap. 2 
 
 of Religion '■> and thus not only many ot the Kings Subjeds 
 were exempted from publick fervice, but much of the Revenue 
 of the Kingdom formerly imployed for the publick fafety 
 became acquitted from the fervice of the Field, to the fervice of 
 the Bead", the il:rength of the Kingdom much impaired, and 
 the Subjeds much grieved i who in thofq early times faw the 
 inconveniences, and complained thereof to their Kings, but 
 could not prevail. This was the vintage of Kings and great 
 men, but the gleanings of the people were much more plen- 
 tiful i ( for belldes the Courts which fwelled as the irregulari- 
 ties of thofe times increafed, and thereby enriched the Gofers 
 of that covetous Generation, the greateft part whereof ought 
 by the Ganon to go to the publick ) the beft part of the fet- 
 led maintenance, efpecially ot the inferiour degrees , arofe 
 from the good affedtions of the people, who were either for- 
 ward to ofIer,orealilyperfwaded to fprgoe conftant fupply for 
 •the Ghurch-men out of theirEftates aswellreal asperfonal, 
 efpecially in the particulars enfuing. The moft ancient of all 
 the reft was the iirft- fruits, which was by way of eminency 
 called Cyrickcfceate^ or in more plain EngliOi, Church-free* 
 which was always payable upon St. Martins day unto the Bi- 
 (hopoutof that houfe where the party did inhabit upon the 
 day or Fcaft of the Nayity. It was Hrft granted by Parlia- 
 ment in the time of King Jna s and in cafe of negled of pay- 
 ment or denial it was penal eleven- fold to the Biihopbefides 
 a rine to the King, as was afterwards ordered by Canutm. 
 
 After tiie hrft fruits cometh to confideration the Revenue 
 of Tithes, whereof I find no publick adt of ftate to warrant 
 till the Lcgatine Council under Offa : although the Canon was 
 more ancient. The Biftiop at the firft was the general Re- 
 ceiver as well of thefe as of the former, and by him they were 
 divided into Three parts, and imployed one to the poor i ano- 
 ther for the maintenance of the Church h and a Third part 
 for the maintenance of the Presbyter. Bat in future times 
 many adts of ftate fucceeded concerning this, amongft which 
 that grant of Athelvoolfe muft be a little paufed upon. Some 
 writers fay that he gave the tenth Manilon, and the tenth of all 
 . his goods: bur hlalmsburyii'iih^ the tenth of the hides of Landi 
 
 but 
 
 « 
 
SAXONS. 31 
 
 but in tlie Delation itfelf, as it's by him recited, it's the Tenth 
 Manfion. But Math. JFeJim, underftands that he gave the 
 Tenth part of his Kingdom i but in the Donation by him pub- "' ^^* 
 liflied it is deeimam partem ten£ me£. In my opinion all this 
 being by Tradition, little can be grounded thereupon. The 
 form of the Donation it felf is uncertain and various, the 
 inference or relation more uncertain and unadvifcd ■» for it the 
 King had granted that which was not his own , it could nei- 
 ther be accounted pious or rational. Nor do we find in the 
 Donation that the King in prccife words gave the Land, or 
 the Tenth part of the. Land of his Kingdom i but the Tenth 
 of his Land in the Kingdom-: and the exemplification pub- 
 JHHied by Math.Welim, countenanceth the fame, albeit the 
 Hillorian obferved it not » but fuppofe that the Kingdom 
 joyncd with the King in the conceirionj and that it was tac 
 courfetopafs it only in the Kings name, yet could not the 
 Tenth Hide, Tenth Manlion, or Tenth part of the Kingdom 
 be granted without Confufion in. the pofTelVions of the peoples 
 for either fome particular perfons muft part with all their pof- 
 feflions, or elfe out of cVery mans poffellion muft have iflbed 
 a proportionable fupply, or laftly a Tenth part of every mans 
 pioffeilionj or Houfe and Land, muft be fet forth from the \ elt : 
 or fome muft lofe all and become beggars, to fave. others: all 
 which are to me equally improbable. Neverthclefs I do not 
 take the thing to be wholy fabulous, but may rather fuppofe 
 that either a Tenth was given out of the Kings own Demefiies, 
 which is moft probable ■> or elfe the Tenth of the profits of 
 the Lands throughout the Kingdom > and that it was by pub- 
 lick af^ of State, and that claufe forgotten by Hiftorians. . And concil E "' 
 thus might a good prejdent be led to Alfred, AtheljUn, 2nd p. 59'] "^ " 
 other Kings, who fetled Laws under payment of penalties, An. poj. 
 and appointed the times of payment, viz. The fmall Tithes at ^^■^^' 527.] 
 Whitjuntide^ and the great Tithes at AlhoUamlde. ^^' ' °^9. 
 
 Another Tribute was that of Luminaries, which by Alfred LuminarJts. 
 zn^Gnnthrum was firiV fetled by Law, although it had been ^°"c' I. Erit.^ 
 before claimed by Canon. It was payable thriceayear, viz. \{^i^''^' 
 Hollantide^ Candlemas and Eajier^ at each time a half p^my AnVioVC 
 upon every Hide of Land, and this was under a peiialty alio. 
 
 Anot her . 
 
^2 
 
 SAXONS. 
 
 T'.ou^l-jlms, 
 An. 905. 
 
 SOHl'llOt. 
 
 Concil. Biic 
 Ad, 1009. 
 
 Gltbt. 
 Concil. Eric. 
 
 An. 7$o. 
 
 ftterfincc* 
 
 'Concil. Brit. 
 p. 250. 
 An. 725. 
 
 Concil. Brir. 
 p. ^u. , 
 
 A0.791. 
 
 Ibid. ^4^> 
 An. 847. 
 
 tibid. «.i. 
 
 Another Tncome arofe from the Plough, and under the name 
 of Plough- Ahns: at the Hrrt it was granted by Edward the 
 Elder generally, and thcvalue was a penny upon every plough i 
 and in after times it was ordained to be paid Fifteen days after 
 
 Next comes a Fee at the death of the party, which was com- 
 monly called Soul-fhot: and paid ( before the dead body was 
 ■buried) unto that Church where the dead parties dwelling 
 •was i fo as they never left paying and asking fo long as the 
 body was above ground j and it's probable turned into that fee 
 which was afterward cafled a mortuary. 
 
 The incumbent alfo of every Church had Glebe laid to thfe 
 Church » belidcs oblations, and other cafual profits, as well 
 arifing from houfes bordering upon the Church, as otherwife. 
 All thefe four laft were payable to the Prieft of that particular 
 Congregation, and had not their beginning till Parifhes came 
 fo be fetlcd. 
 
 Lallly, the zeal of the charity of England was not fo cold 
 as to contain it felf within it's own bounds: they were a de- 
 pendent Church upon Rome, and their old Mother muft not 
 be forgotten. An alms is granted, for under that lowly title 
 it paffed Hrd, but afterwards called Komfcot or Komesfeogh^ 
 or Heord-'pcnnys for it was a penny upon every hearth or 
 chimney, payable at the Feafl: of St.Veter, ad vincttla; and there- 
 fore alfo called Peter-pence j it was for the Popes ufej and was 
 fctled under great penalties upon the defaulters. It arofe by 
 degrees and parcels: for firft Ifia the Saxon King granted a 
 penny out of every houfe in his Kingdom : after him Offa 
 granted it out of every dwelling houfe that had ground there- 
 to occupied to the yearly value of Thirty pence, excepting 
 the Lands which he had purpofed for the Monaftery at St. Al^ 
 bans : This Ofa had a much larger Dominion than Ina, and 
 was King over Three and twenty Shiresiafter whom M-thelvpolf- 
 palTed a new grant thereof out of his whole Kingdom, which 
 was well nigh all that part which was called Saxony , ^ith 
 this provifoneverthelefs, that where a man had divers dwel- 
 ling houfes, he was to pay only for that houfe wherein he 
 id welt at the time of payment. Afterward Edward the Confef- 
 
 for 
 
SAXONS. 
 
 33 
 
 for confirmed that Donation out of fuch Tenements as had 
 
 Thirty pence viv£pecunU. If then it be granted,that the Saxon 
 
 Subjcds had any property in their Lands or Tenements, as no 
 
 man ever queftioned, then could not this charge be impofed 
 
 witliout the publick confent of the people i and then the 
 
 aflertions of Polidore and the Monks, who tell us that Ina and 
 
 Of a had made the whole Kingdom tributary to Rome , mulf 
 
 needs be a miflake , both in the perfon, and the nature of the 
 
 gift, feeing there is a much more dilferepce between an Alms 
 
 and a Tribute, than between the King and the people. Now 
 
 that it was an Alms and not a Tribute, may appear, for that 
 
 the original was a fudd.aiu pang of zeal, conceived and born 
 
 in one breath, while the King was ztKome-, and therefore ^^'^* ^"*''9' 
 
 not impofed as a Tribute. Secondly, it was ex regali munifi- 
 
 cent'uy and therefore free.. Thirdly, it was exprefly thegift 
 
 of the King i for the Law of fit. Edtvard which providcth 
 
 for the recovery of the arrears of this Money, and en joy neth p°??^'?/!'.' 
 
 that they muft be payed to the King, and not to Kome^zs it was concil Briu 
 
 in the days of CanutHS^ and E^g4r,rendereth the reaion there- p.6ai. 
 
 of to be, becaufe it was the Kings Alms. 
 
 Secondly, that it was an Alms only from the King, and out 
 of his own Demefnes, may feem not improbable, becaufe it was 
 ex regali tnunificentia^ which could never be affirmed if the 
 gift had been out of the Eftates of others. Secondly, it was 
 granted only out of fuchhoufesas yielded Thirty pence Rent, 
 called viv£ pecuniiCi becaufe in thofe times Rent was paid in 
 Vidluali fo as it may feem that only Farms were charged 
 herewith.- and not all mens Farms neither i for the general 
 income will never ^nfwcr that proportion. The particular 
 hereof I (hall in brief fet forth. It appeareth in the former 
 quotation,that.Oj(fi? charged this Leavy upon the Inhabitants 
 dwelling in Nine fevcral DiocefTcs, viz. Hereford^ which con- 
 tained the City and County adjacent. 2. fVorceJler^ contain 
 tiing the Cities and Shires of it^ndGtocefler. 3. 1 fc/j/rf/i, con- 
 taining IFarwichJihire ^ Chejhire ^ Stajfordjhire^ Shropfhire^ zxid 
 Darbijhire. 4. Leicsjhr^ with the County adjacent. 5. Lin- 
 co/;/, with the County adjacent. 5. D^rc^fj^fr, whereto belong- 
 ed Northamptonshire^ Bitckjngbamfhire^ Bedfordjhire-i Hnntin^oH' 
 
 G jm^ 
 
34 
 
 S A X liJ S. 
 
 f^ire, CaHtabridgeJhiff.^ndhzUBartford^^^^^^ 7 I.«^.« with 
 Effex Middlefex.zud theothcr half of HartfordP^tre.^. Helm, 
 him 'with Norfolkc 9- 'Domiick^ or Vunmch, with Suffolk^ 
 In which nine Dioccffes were two and twenty (hires. And 
 he further granted it out of ^/'^^iwg/^'f^^Vf Cnow hottnigham) 
 whofe Church belonged to tork^ But in Ethelwolfs time the 
 grant was enlarged and extended into Fittcen DioceiTesv which 
 F:ox Martyr. Together with their feveral charge out of the EngliOi Marty- 
 It ^4«'- yology I (hall particularize, as followeth : 
 
 Cantuar. Vtocef, - " ' '^1* 
 
 London- — " ^'^^' 
 
 ■Rofen — ~ — ■ ^05. 
 
 Nonfic - 
 ^lienum 
 Lineoln - 
 Cifirens " 
 Winton 
 Exon *- 
 JVigorn 
 
 Hereford 
 
 Bathon — 
 
 Latisbnrgh 
 
 Coventree 
 
 Ebor — — 
 
 '200. o<?.8» 
 
 The whole fum whereof not exceeding two hundred pounds^ 
 f/x (hillings and eight pence, will not amount to fcven hundred 
 pounds of now currant money, if the weight of a penny was 
 not iefs in thofe times than in the Reign of Edward the firfi: , 
 when it was the twentieth part of an ounce, and thatth* 
 twelfth part of a pound ^ as by.the Statute thereof made miy; 
 appear. Nor can the difference be much f if auy,)in regari 
 of the vicinity of the time of this extract to that of the Sta- 
 tute ; for though no particular date thereof appe^c , yet it 
 feemeth tobe done after the trandation of the See from 'thet- 
 ford, to Norwich^ which.was done in ffilUam Rnfus hi$ time*- 
 
 add ' 
 
S ji X N s. 35 
 
 and after the ercding of the Biilio prick of Ely, which was in Brit. Amich 
 the time of Henry the Hrft. Now albeit this charge was in fu- ^ ^^* 
 ture times diverfely ordered and changed i yet upon this ac- 
 count it will appear, that not above Eight and forty thoufand 
 .and eighty Houfes were charged in this time of Edward the 
 Second with this AlTeflement i which is a very fmall propor- 
 tion to the number of Houfes of Husbandry in thefe days, and 
 much more inferiour to the proportion of Houfes in tiiofc 
 times , if Polydores obfervation be true , that in the Conque- 
 rours time there were Sixty thoufand Knights Fees > and as 
 others, Fifty thoufand Parilhes. It may therefore be rather 
 thought that none but the Kings Farmers were charged here- 
 with, not withlhnding the pofitive Relations of Writers, who 
 in this cafe as in moft others, wherein the {credit of Rome is 
 ingaged, fpare not to believe lightly, and to write largely. And 
 thus for their Sevenfold Church-Oificers i we have alfo as mar 
 ny kinds of conftant maintenance. One in Lands and Tene- 
 ments, and Six feveral kinds.out of the Profits and the perfonal 
 Eftate, belides the emergent bencHts of Oblations and others 
 formerly mentioned. 
 
 C H A P XIL 
 
 of the feveral Prccifi&s of '^urifdi^ions of Church* 
 GovernoHrs amottgU the Saxons. 
 
 1 
 
 He Church-officers thus called to the Drum and paid, are 
 fent to their feveral charges, over Provinces , DiocefTcs, 
 Deaneries, and Parillies, as they could be fetlcd by<imc and M^imf. gcft. 
 occalion. Before the Ssxons arrival, London \\^dL the Me- Reg. lib. i.c.4^ 
 tropolitan See , or was the chiefell in precedency i for Arch- 
 bifhops the Britons had none. Afterwards by advice of the 
 wife men, Canterbury obtained the precedency for the honour 
 6( Aufiin, who was there buried. The number of Provin- 
 ces, andthcir feveral Metropolitan Sees was hrrt ordered by 
 advice of Pope (fegory, who appointed two Archbifliops In ^^ t,;^^ jm 
 SaxoMy 5 the one to rciideat Canterbury^ the other at Tork^h and cap. '2^. 
 
 G 2 that 
 
' 
 
 56 s ji X fJ s. 
 
 that each of them (hould have Twelve Bilhops under them i 
 but this could never be compleated till JujUn u^as dead > as by 
 the Epirtle of Ke^tttlphus to Pope Leo appeareth. Nor then 
 Malmesb.loco. had the Pope the whole power herein intailed to his Tripple- 
 citat.' Crown i for the fame Epiftle witnelTeth, that the Council of? 
 
 vit. Offx. the wife men of. the Kingdom ruled the cafe of the Primacy 
 Maimesb. of Canterbury. And Offa the King aftervs^ard divided the Pro- 
 Concil. Etir. vince of Canterhury into two Provinces, whith formerly wa? 
 Amiq Brit tut One. The Precindls of DioceiTcs have been altered ordi- 
 Amlq. Brie narily by Kings, or the Archbifliops and their Synods, as the 
 p. 54. lives of thofe-ferft Archbishops fet forth. 'Theodore hsiddm-- 
 
 M weftm. jjgj i^ij province m6 Five DiocefTes, and within a hundred 
 An. 77 s. yggj^ ^^-j^j^ Q^^ y^ ^^^ '^ increafed unto Eleven Diocelfes. 
 
 DiocelTes have alfo been fubdivided intb inferiour Precin<fls 
 czlkd Venaries or Vecanariesy the chief of which was wont 
 . P to be a Presbyter of the higheft note cilled Vecanus^ or Arch- 
 cap. J I. ' Presbyter*- ^The n&me was taken frOm that Precindt of the 
 l.mdwcod.1.1. Lay-power, called Vecennaries^ havirig Teii Presbyteys undey 
 dc coDftit.c. I . his vifit, even as the Vecenners under the'iV chief. The fmalleli 
 precind was that of the Parifli, the oversight whereof was tKe | 
 ir'resbyters work : they had Abbeys and other Religious houfes, 
 but thtfe were however Regular amonglt themfelvcs, yet irre- 
 gular in regard of Church-gpve]?nm€nt,'\Vhereof I treat. 
 
 CHAP. XIIL 
 
 Of- the manner cf the Prelates CoMrftff/ettt of the Saxon 
 
 church. • •//;^' ■ 'I 
 
 HAving difcourfcd of the perfons and Precindsi it now 
 befals to touch upon the manner of the Government of 
 the Church by the te(j« Prelates i which was not wrappedup 
 in the narrow clofet of private opinion, but dated and rc£u-, 
 hted by publick Council, as well in the making as e^ecju-^ j 
 ting of Laws already made i This courfe was learned from, | 
 yomif. lib. 3. Antiquity, and inforced upon them by a Row^;/ conftitution, 
 ^^^ ^' is the cafe that concerned Archbifliop 7beodore zxidl^^tlfrid 
 
 upon. 
 
 Walmevb.gcft. 
 
SAXONS, 37 
 
 < — ^^»»^— _— .^^— ______^_________^ 
 
 upon this ground, ^od enitn multornm concilio geritttr >iulle 
 confentientiHin iftgerat fcandalum. Thefe are moft ordinarily 
 called Synods, although at the pleafure of tlielUlator called 
 alfo Councils, and are either Diocefan or Provincial , or Natio • 
 nal, and thdc either particular or general. The general ^^'■°""^» 
 confiflcd of all the Bifliops and Clergy i and fuch was the Sy- ' 
 nod under Archbifhop Vunftart called. The National Synods 
 were diverfly called v fometimes by the Pope, fometimes by the 
 King* as the firft fnoving occafion concerned either of them. 
 For Pope Agatho in a Synod at Ko»i(?ordered that a Synod Malmesb.gcft. 
 fhould becalled in Saxony (" viz, EngUnd ) Sacrofan^a autbori- ^^^^^^' ^'^ 3» 
 tate^&^ ipfira Syjtodali unitate^ and many Legatine Synods in \^, ^io, 
 fiicceeding times demonftrate the famd That the Saxon Kings 
 alfo called them upon occalion, is obvious through all t\\Q 
 Councils, and needlefs to inftance amongfl: fo many parti- 
 culars. The Provinci:^l Synods were fometimes convocated concil. Brir. 
 by the King, and fometimes by the Archbifliop, and fomc- p'loi. 310, 8^- 
 timcs joyntly..'^The Dipten were called by the BilTiop. In ^^^' 
 the''N'ationJil'^nd" Provintlal fpmetimes Kings moderated 
 alone, (bmetimcj the Afthbi(hop alone, and fometimes they ji^; . 
 joyned together; .The Affiftants were others both of the Clergy 387. ^ ' ^^ 
 and Laity, of feveVal Ra'nks or Degrees , and it feemeththat 
 Vi^^meh were npt \Vholly excluded i -for in a Synod under IVi- 
 ihetedK^rigof JfCrtiP^ 'AbbatiffH" w^e jpr^fent and attelkd the 
 aS's of 'that Synb(J, together , ^vith bthers 6i the Clergy of' 
 greatet degree. The matters iiiadion were either the making^j 
 or executing of Laws for Government , and becaufe few Laws 
 pafTedjthit did not fdme way refled upon the King and peo- 
 ple, ^wdl as thd Clergy,' the :^higwa's for the moft part pre- 
 fect, andalw^ays tbe' Lords, Srid'o^heH- Y^t if the matters 
 concerned the Chuicli in^tb'e fWrf ad, tWKing though prefent, concil. Brir 
 the Archbilhop was nfeT'erthelefs^ prdident v as it befell at a 24j.5:V^^3g^» 
 Synod at Cleverjhde, Jln'Jy^j! and atibrh'cr at Celchith^ An. 8 1 d. 
 And in the Rei^ of Edtvard the elder, though, the Synod was 
 called'i)^ ' the" Kiijg, yet- the A^chlirfhop was pr^fident. Con- 
 cefhfn'g kit \Vhich it 'may be in flieTuhi' well conee'ved, that in , 
 the penning of theComtcilsafbrefaid, either the Clergy ( be-, 
 ing the Pen-men ) were partial or negligent in the fetring 
 
 down... 
 
3:8 SAXONS. 
 
 dovvnoF the right fol-m> and that the Kings called thefe Af-, 
 femblies by inftance of the Archbifliop, and fometime prefidedj 
 in his ownperfon, and fometimes deputed the Archbifl)opi 
 thereunto. 
 
 The executing of Laws was for the mofl: part left to the 
 Dioceian Synods , yet when the cafes concerned great men, 
 the more. general Councils had the cognifance, and therein 
 proceeded Itrldly, fparing no perfons of -what decree foever i 
 ' M. Wefttn. Examples we rind hereof, amongft others , of one incefluous 
 An. 955 9^8. Lord, and two delinquent Kings > Edwyznd Edgar. Nay they 
 Concil. Biit. fparejnotthe whole Kingdom > for in the quarrel between 
 . Cenulphtts the King and Archbifhop J^ilfridtht whole King- 
 dom was under intcrdid: for fix years fpaccv and no baptilin 
 Ibid. .5}7. Adminirtred all that time. Nor were they very nice in med- 
 ling with matters beyond their fphere , even with matters of 
 -property "> for at a provincial Council ( for fo its called ) they 
 bore all down before them , even the King himfelf, as in the 
 abld.3i9.3n. ^afe between CennlphHS the King and t(?e Archbilhop of Can- 
 Concil. Brit, terlntry concerning the Monaftery ^i Cothatn^ ,.*Irhe like alfo 
 ^^•.•334' ofanothcr Synod concerning the Monaftery oi^ Tt^ejihurgh : Its 
 
 true the Lords were prefent i and it may be faid that what was 
 done, was done in their right > yet the Clergy.had the rule,and 
 begat the Child i and the Lay-Lords only might challenge 
 right to the name. This coi^currence of the Laity wi<h the 
 CJergy.contraded much bufinefs , and by that iqeans a cufto- 
 mary power. , which once rooted , the Clergy after they faw 
 their time ( though not without difficulty .) turned both King 
 and Lords out, and (hut the doors^after them, and.fp pofTeffed 
 theinlelves of the whole by Survivor[hip»,.But of this h€re3fter,Y':45 
 
 The particular Dioc^fan'Synpds were^;a3;i faid) called by, 
 the Biihops within their feveral Dioceftes. ,, The work ^therein 
 was to preach the Word as a prq^arative > then tovifit arid in- 
 'Mag. cent. 'J.^^jj.g Qf the manners of the Clergy in the worlhip of God , 
 '"^' ^' and of all matters of fcandal , and them to, correct"., The;rc 
 
 Synods were to be holden twice every .ycaj: > gX fCrtain times 
 aad if they met with any matter too hatd for them to-cefortn,^ 
 they referred it to the Provincial or National Syn6<3. ; 
 
 CHAP. 
 
SAXONS, 39: 
 
 C H A p. XIV. 
 
 of Cdnfcs^''icclefiafijcAh 
 
 i A S the power of Synods grew by degrees, fo did alfo their 
 X\ workji both which did mutually breed and Iced each untp. 
 •other: T^eir work couilfted in the reforming and ' fttJing An. 445. 
 matters of Do€trine, and Prad^ice. The hiTi was the tt\oi\ 
 ancient, and which Hrft occalioned the ufe of Synods. In this > 
 Ifland the Pelagian Hercfie brought in the firrt precedent ot 
 Synods that we have extant \ and herein it will admit of no 
 denial,[but in the infancy of theChurch'thc Teachers arc the 
 principal Judges of tlie nature of Errour and Herelle, as alfo 
 of ?the' truth •> asjthe Church is the bert guide to every ChriHian 
 in his hrft inftrudtion in the principles, but after feme growth 
 there is that in every Church and Chriliian that makes it fclf 
 party in judging of truth and errour jointly with the hrrt 
 Teachers. And therefore its not^vithout reafon, that in thax Beda. hifl. It. 
 Hrft Synod, although Germantts was called Judex, yet the peo- 
 ple hath the ,^narae of Arbiter^ and 'tis faid that they did con- 
 lejiarr judicium. 
 
 Blafphemy was queftionkrs " unddr Clmrch-cenfure, but I Bblphim/, 
 find no footfteps ot any particular Law againft it ; yet in 
 Scotland z Law was made to punifli it with cutting outithe concl. Erir. 
 tongueof the delinquent -. bat it maybe feared that neither p ur 
 the 5<iw«i" nor their Rowj/f Teachers were fo zealous for the ■^"' ^^^* 
 honour of Gods name, as to regard[that odious fin > unlcfs we 
 fhould account them fo holy as that they vv£re not tainted 
 chcrewith, and fo needed no Law. 
 
 ; But Apoftacy was an early (in, and foon provided againft i ^P^^^-'^J''^- 
 the Church-cenfure w^as allowed of in Britain before the conJl^^Brfr 
 ^dxo«.' Church had any breath ; afterward it was punifhed by s%- 
 Fine and Imprifonm.ent, by a Law made by Affnd^ as he pro- I'^'^^' l^l- 
 vided.in like manner for other ChurchjLaws. 
 
 The times anciently were not fo zealous for due obfervancc of ^ , ^ n- 
 Divine worlhip, unkis by the Church- men who were the lea- ""^^ "^'^^.^'f' 
 
 dcrs 
 
40 
 
 Car.cn. A port. 
 cap. lo. 
 
 BcdIiin.Iib. 5. 
 cap, 26. 
 
 Mag. Cent. 7. 
 cap. 6. 
 
 Concil. Erit. 
 p. 306." 
 
 Tacir.Mor. 
 Germ. 
 
 Concil. Erit. 
 An. 745. 
 
 Ibid. 377. 
 
 liid. 405. 
 An. ^28. 
 
 T^rjury. 
 
 LI. SaK. fo. 4. 
 
 S AXOJsiS. 
 
 ders therein •, a forrain Canon was made to enforce that duty 
 long before ••) but it would not down with the rude 5'(?;if<7«/ : 
 they> or the greater fort of them were content to come to 
 Church only to pray and hear the word, and fo went away > 
 this is noted by that ancient writer in nature of an imputation, 
 as if fomewhat elfe was to be done which they iiegle(5ted , this 
 fomewhat was the Mafle, which in thofe days was wont to be 
 a(flcd after the Sermon ended : and it's probable that if the 
 Nobles were fo ill trained up, the inferiout/ort w^ woife.v 
 and yet find we no Law to constrain tHeir diljgence: or to 
 fpeak more plainly, it's very likely the Saxons w^ere fo refplut.e 
 in their worfliip,as there was either little need of Lawrto re- 
 tain them, or little ufe of Law to reclaim them i for it's ob- 
 ferved in their late Pfalter,that the Roman Clergy was not more 
 forward to Image or ^?iint-wo;rfliip, than the people vfetc M 
 backward thereto i and therein (hewed themfelves the true ^ 
 Seed of their Ancefiors in Germany^ of whom it's obferved 
 that they iiKlured not Images, but worfliipped a Deity whick 
 they hwfola reverentia. 
 
 Sorcery and Witchcraft they had in abomination : yet it 
 was a fin always in a mift, and hard to be difperned but by the 
 quick- fighted Clergy i and therefore it was left to their cen- 
 furej as a fin againft the worfhip of God. This Ethebal'd 
 the Mercian King firft endowed them with \ and they alone 
 exercifcd the Cognifance thereof till Alfred's time, who 
 inflicted thereupon the penalty of Banifliment : but if any 
 were killed by inchantment, the delinquent fuifered death by 
 a Law made by Mtheljlan. And thus by degrees became one 
 and the fame crime punifliable in feveral jurifdidions in fevc- 
 ral rcfpcds. 
 
 Concerning Perjury, the Prelates had much to do therewith 
 in future times, and they had thehrft hint from Ina the Saxon 
 King's grant to them of power to take teftimorjies upon Oath '-, 
 as fuppoilng that the Reverence that men might bear to their 
 perfons and fundtions would the rather over-avv their tongues 
 in witnclTing •, that they would not daretofalfificjle^ft thefe 
 knowing men Ihould efpie it, and forthwith give them their 
 doom. But no poiitive Law allowed them that power of 
 
 fentence . 
 
' S A X N S. 4t 
 
 t -^ '~z — ■ -• 
 
 -Tentence till ^^/•'^^^'s Law gave it and upon convidtion by A-n. 9,18. 
 the fame Lawdiftefted the delinquents Oath for ever. 
 
 Sacriledg comes in the next place, being a particular crime Sacr'tledi. 
 merely of the Clergy-mens exemption and naming \ for be- 
 fore they Baptized it, you might have well enough called it 
 Theft, Opprelfioni or Extortion. This crime the Prelates 
 held under their cognifance by vertue of that general Maxim, Concil. Brlc. 
 that all wrong done to the Church muft be judged by the p. 127. 
 Church. The hrll: time that I can obferve they challenged A'-.tf.o. 
 thispow^r,was by Egbert Archbifhop of Torjl^in the Seventh ^^'^* *^^' 
 Century. 
 
 But nothing was more their own than Simony ", and that ^y^u;/*.. 
 may be the reafon why we Hnd fo little thereof cither for the 
 difcovery or correding thereof. All former crimes were in 
 their rirlt adt deftrudive to the Church, but this advantagious \ Concil. Brir. 
 and therefore though the Canons roar loud, yet the execution '^^' 
 is not mortal, becaufe it's bent againft the dignity, and not 
 the gain i and although the Canon would not that any Pres- 
 byter (hould be made, but prefcnted therewith to fome place 
 to exercife his fundion in, yet it ferveth not for thofe times 
 when men were fcnt forth rather to make flocks, than to feed 
 Hocks. 
 
 And yet the theam of marriage was the beft di(h in all their Matrimonid 
 entertainment: they had the whole common place thereof c^j^/f/. 
 with the appurtenances within the compafs of their Text, be- 
 fore ever it attained the honour of a Sacrament. It was a 
 ■ branch of Mop/ Law, whereof they were the fole expofitors, 
 and fo feemeth to be cafl: upon them by a kind of neccfllity, 
 as an Orphan that had no owner. Neverthelefs a paffage in 
 Eufebius feemeth to repofe this truft in the civil Magiftrate: 
 for he relateth out of Jujiin Martyr concerning a Divorce fued 
 out by a godly Matron long before the Prelacy got into the 
 Saddle, or the Clergy had the power of Judicature : And 
 whereas Lucius taxed Vrbicius the Magiftrate for punifliing 
 Ttolomy who was guilty of no crime worthy of his cognifance 
 in that kind i amonglt other crimes enumerated by him , 
 whereof PfoJywy was not guilty, he nameth the crimes againlt 
 the Seventh Commandemcnt, intimating thereby a power in 
 
 H the 
 
43 
 
 SAXONS. 
 
 the Judge tohavecognifance of thofe crimes as well as others^ . 
 But the Prelacy beginning to mount, nibled at it in the fecond 
 Century, but more clearly in the fourth, when the perfecuti- 
 ons were allayed, and men of learning began to feel their 
 honour h and never left purfuit till they had fwallowed the 
 bait, and exercifed not only a judiciary power in determining 
 all Doubts and Controverfies concerning the famej but chal- 
 lenged an efficienciary power in the marriage-making. This - 
 garland Aujiin brought over with him, and crowned ."♦the 
 B H h*ft 1 Saxon Clergy therewith , as may appear by his Queres to Pope 
 c^p/j' ' '^* Gregory: and thus the Saxo?is that formerly wedded them- 
 felves , became hereafter wedded by the Clergy i yet the civil 
 MagiHrate retained a fupream Legiflative power concerning 
 it, as the joynt marriages between the Saxons^ Britons^^nd V 
 Fids do manifefl j for it's faid of that work, that it was 
 effedted per commune conciltHm & ajjenfum omnium F.pifcoporumi 
 precerum^ comitum & omnium fapientum feniorum & populorum 
 Conci! Br't. ^°^^^^ regni & per pr£ceptum Regis In£^ and in the time of Ed- 
 zip. * xvardihQir King were enaded Laws or rules concerning mar- 
 
 Concil. Brie, riage, and fo unto the Lay-power was the EccleHaftical adjoyn- 
 p.427. ej jn xhis work. 
 
 ^•944* The Clergy having gained the principal, with more eafe 
 
 obtained the appurtenances i fuch as are Ballardy, Adultery, 
 Bjfiardy, Fornication, and Inced. There was fome doubt concerning 
 Bafiardy, becaufe if trenched /ar into the title of inheritance, 
 and To they attained that f^f^ modo^ as afterward will appear. 
 T/ie Laws of -j^^*?^ and E^fr^r^/ the elder allowed them the 1 
 inctfl. _ cognifance of Inceft '■> although neverthelefs the civil Magi- 
 p^So'i ^^^' ^raf^r^'tainedalfo the cognifance thereof, fo far as concerned 
 An. 905. fhe penalty of the temporal Law. Adultery and Fornication 
 
 they held without control i yet in the fame manner as* the 
 Aduittry. former i for the civil Magiftrate had cognifance thereof, fo 
 Cot!<i\l^:\t, ^^^ ^^ touched the temporal penalty : And to give them as 
 p. J 58. * much as can be allowed, it's probable that in all or mofl of " "• 
 the cafes foregoing they had the honour to advife in determi-. \ 
 ning of the crime, and declaring the Law, or dehning the 
 matters forinthofc ignorant times it could not be expedtcd 
 from any other. 
 
 But 
 
SAXONS. 45 ' 
 
 But how the cognifance of Tythes crept under their wing, T/tb:s. 
 might be much more wondred at, for that it was originally 
 from the grant of the people i nor can a better ground be 
 found by me than this, that it was a matter of late original; 
 for till the Seventh Century the times were troublefome, and 
 no letled maintenance could be expected for the Minillry, 
 where men were not in fome certainty of their daily Bread. 
 And as it will hardly be demonftrated that this title was ever 
 in any polltive National Law before the time of Charlemain^ 
 in whofe time by a Synod of Clergy and Laity it was decreed 
 that Tythes (hould be gathered by feleded perfonsi to pay the 
 Bifhops and Presbyters ; So neither can I find any Saxm Na- svnod D ' 
 tional conftitution to fett/e this duty, till Alfred's time, al- cap. 7. ^^^^' 
 chough the Church- men had them as a voluntary gift ffofar An. 785. 
 as touched the quota pars J for the fpace of ivellnigh a hun- f^^^^^n epirt. 
 dred years before. But Alfred made a National Law under a "^*^"^"nd 
 penalty to inforce this duty , which the Canon could not 
 wring from the Saxons , how dreadful foever the cenfure Concil. BrTt. 
 proved. And by this means the Church had their remedy by P- 277. 
 EccIefiafticaJ cenfure for the matter in fa(3:, and alfo the civil 
 Magiftrate the cognifance in point of right, albeit future times 
 introduced a change herein. 
 
 CHAP XV. 
 
 i^ brief Cenfure of the Saxon Vrelatical Church- 
 Government. 
 
 THis that I have faid might at the firft view feem to reprc- 
 fent a curious (hudure of Church-policy , which might 
 have put a period to time it felf i but ( to fpeak/J«e ira & Jiw 
 dio ) the height was too great, confidering the foundation, and 
 therefore ever weak, and in need of props. The foundation 
 was neither on the Rock, nor on good ground, but by a Ginn 
 fcrewed to the Koman Confiltory, or likca Caftlein theAir 
 hanging upon a pin of favour of Kings and great men. At the 
 firil they thought belt to temporife,and to hold both thefe their 
 
 H 2 ftrings 
 
4^ SAXONS, 
 
 ■ 
 
 firing? to their bow : but feeling themf'.ives fonnewliat under- 
 propped by the confcienccs of the ignorant people, they foon' 
 grew wondrous brave, even to the jealo-ile ot Princes i which 
 Concil. Eiit. alfo was known fo notorioufly, that the pubilck Synods- 
 V =54* rang that the Prelates loved not Princes, but emulated them. 
 
 An. 747. and envied their greatnefs, and purfued them with detradion. 
 And if the Cloth may be judged by the Lift, that one example 
 of Wilfrid Archbifliop of Xorh^^^WX fpeak much^ He was once 
 . foiiumble minded as he would always goon foot to Preach 
 '^^^^^ril'/^ the Word i butby that time he was warm in his Archbirhops 
 An?6i'o/''* Robes, he wasferved in VelTels of Gold and Silver, and with 
 Troops of followers, in fuch Gallantry as his Pomp was en- 
 vied of the Queen. A ftrange growth of Prelacy in fo fmall a 
 fpace as Eighty years, and in the middeft of ftormy times, fuch 
 as then afliided this poor Countrey ; But this is not all, for 
 never doth pride lead the way, but fome other bafe vice fol- 
 lows. I will not mention the lives of the Monks, Nuns and 
 _^.j-i^^p-|^ other Clerks i M^/w/Wj/ fpeaks fuflkrently of their Luxury, 
 adCutbartum*. Drunkennefsj Quarrelling and Fighting ; Others witnefs there- 
 Aa. 745* to, and tell us that the Clergy feldom read the Scripture, • and 
 did never Preacli i and werefogroflely ignorant, that -^//rf^/ 
 the King being a diligent Tranilator of Latine Writers into 
 the Saxon Tongue, rendreth this reafon, becaufe they would 
 Concil. Brirr be very ufcful to fome of his Bifhops that underftood not the 
 P-5'9- Latine Tongue. Nor were the Presbyters of another die i 
 
 for that King bewailing their ignorance, in his Letter to Wol- 
 fegufj faith, that thofb which were de gradu fpirititali were 
 come to that condition that few of them on this fide number 
 could underftand their common prayers , or tranflate them into 
 Saxon ■■, and fo few, as I do not ( faith he ) remember one on 
 this nde the Thames when I began to reign. And the Synod 
 that fhould have falved all, covers the fore with this-Canoni^ 
 calplaifier, that thofe of the Clergy that could not fay 25^- 
 eoncil. Erir. mine miferere in Latine, fliould inftead thereof fay, Lor*^/?^:;? 
 p. i.;8.&.253. mercy upon us in Englilh. It was^ therefore a vain thing for 
 An. 747. ji^j. Clergy to reft upon their works, or title of Divine right j 
 Their great Pomp, Sacred places, and favour of Kings com- 
 mended them to the Adminilhatioii , or rather Adoration ot 
 
 igno- 
 
s A X o N s-. 45 
 
 ignorant people, and the favour of the Roman chair unto the 
 regard of Kings j who maintained their intereft with the 
 Conclave on the one lide, and with the people on the other 
 fide by their means i and fo they mutually ferved oneano- 
 tliir. It cannot be denied but the Pope and Kings were good 
 Cards in thofe days i yet had the Prelacy maturely conlidered 
 the nature of the Saxon Government , fo much depending 
 upon the people, they might have laid a more fure foundation 
 and attained their ends with much more eafe and honour. I' 
 commend not the bafe way of popularity by principles of 
 flattery i but that honourable fervice of truth and vertuc which 
 fets up a Throne in the minds of the vulgar, few of whom 
 but have fome fparks of nature left unquenched s for though' 
 refpcdt n%ay chance to meet with greatncfs, yet Reverence is ■ 
 the proper debt to goodnefs, without which we look at 
 great men as Comets whofc influence works mifchief, and' 
 whofe light ferves rathei: to be gazed upon , than for dire- 
 ction. 
 
 The foundation thus unhappily laid , the progrcfs of the 
 building was no lefs irregular in regard of their ends that 
 they aimed at: For fir/l, they admitted the Laity in:o their. 
 Synods i who were not fo dull but could efpie their ambition, 
 nor fo bafe fpirited as tolfve in llavcry after convidfion ; This 
 crrour was efpied Iconfefs, but it was too late, and though 
 they reformed it, yet it was after Four hundred years labour , 
 and in the mean time by the contentions of the Clergy a- 
 mongft themfelves, Kings had hrit learned fo much of their. 
 Supremacy, and the Laity fo much of t'lcir liberty> as they 
 began to plead witii the Clergy , and had brought the matter 
 toi/Tue, before the Synod could rid themfelves of thefe Lay- 
 Spedators, or rather Oveifeers of their ways and acf ions. A 
 fecond errour, was the yoking of the Biihops power under that 
 of the Synods. For they, had little or no power by the Canon . 
 that was not under their controle , neither in admiilion or - 
 deprivation of Presbyters or others, determining of any caufe. ^ 
 nor palling fen tence of excommunication ; and this could noi j!"" /' ''^* 
 but much hinder the halty growth of Anrichrili's power in " '^' 
 this Kingdom i nor could it ever becomplcated ih long as the 
 
 Synods . 
 
46 SAXONS, 
 
 Synods had the chief power. Neverthelefs the 'in thralled 
 fpiritsof the Clergy, and terror of the Papal thunderbolt, in 
 continuance of time furmounted this diiliculty, and Synods 
 became fo tame and calily led, as if there had been but one 
 Devil to rule amongll them all- For if any quick eye, or adtive 
 fpirit did but begin to peep or ftir, the Legate e latere foon re- 
 duced ium into rank, and kept all in awe with a •S'/^/' />a!A/^ of 
 unknown danger. A third crrour, was the allowing of pe- 
 culiars and exemptions of Religious Houfes from ordinary 
 jurifdidlion i» and this was an errourinthe hrft concodlion , a 
 block in the way of Prelacy , and a clog to keep it down. 
 This errour was foon felt, and was occaiion. ofmuch mutiny I 
 in thebody Eccleliafiical: but exceeding proHtable for Kowe, ! 
 not only in point of Revenue by the multitude of appeals, 
 but cfpecially in maintaining a party for the Roman See>ini \ 
 cafe the Prelacy of England (hould ftumble at the Supremacy " 
 of ?.ome, Othcrwife it feemed like a Wen, upon the body , 
 rather than any Homogene Member, and without which cer- 
 t>inly. the Englifli Prelacy had thriven much better, and the 
 Roman chair much worfe. In all which regards I mufl: con- 
 clude that the Prelatical Government in England vvas as yet 
 like a young Bear not folly licked, but left to be made compleat 
 by time and obfervation. 
 
 CHAP XII. 
 
 of the Saxons Cor4mon'Weal , ajid the Government 
 thereof 't and fir H of the King, 
 
 HAving already treated of the Saxon Church, in order I 
 am now come to the Rcpublick, which in all probability 
 will be cxpcded to be fuitable to their original in Germany, 
 whereunto having relation, 1 fliall Hrft fall upon the perfons 
 and degrees abftradlively, then in their AiTemblies, and laftly of 
 their Laws and caftoms. The Saxons in their firft liatein 
 Germany werediftributed into four ClalTes, viz. the Nobles , 
 the frcc-men, the manumitted perfons , and the bond-men. 
 
 Under 
 
SAXONS. 47 
 
 Under the NobiIity,and from them, arofe one that was called 
 a King, of whom I (hall fpeak a part ; the two lafl: differed 
 only in the bare liberty of their perfons, and therefore may 
 be comprehended under one head, as they were in their ori- 
 ginal. 
 
 A King amongfl: the Saxons in probability was anciently a 
 ComiTianderin thehcld, an Officer fro tem^ore^znAvxo neccf- 
 fary Member in the conlHtution of their ftate i for in time of 
 peace, when the Common- wealth was it felf, the executive 
 power of the Law refted much in the Nobility: but in times 
 of War, and in publick diflradions they chofe a General , and 
 all fwarc Obedience unto him during the War i it being rini- wicikutn^geft; 
 (bed, the General laid down his Command, and every one ^^°"*^'''- *• 
 lived teqno jure propria contemns poteji ate. But in their tranfmi- 
 gration into Britain^ the continuance of the Warcaufingthe 
 continual ufe of the General, made that Place or Office to fettle 
 and fwell into the condition of a King i and fo he that was 
 formerly I)«x became Rfx, there being no more difference in 
 the nature of their places than in thefenfeof the words, the 
 one fignifying to lead, the other to governs foas he that for- 
 merly was a fervant for the occalion , afterwards became i 
 fetvant for life, yet clothed with Majelly, like {bme bitter Pill 
 covered with Gold, to make thefervice better tafted. Nor 
 was the place more delirable, if duly conlidered. For hrll, his 
 Title retted upon the good opinion of the Free-men i and it 
 feemeth to be one of the beft Gems of the Crown for that he 
 was thereby declared to be moft worthy of the love and fer- 
 vice of the people. Yet was the ground of their Eleition fo 
 uncertain, as a man might imagine that fomctimes there ap- 
 peared more of the will than of the judgment in it, that it 
 might be faid to be the more free, for they neither excluded 
 women nor children further than prefentoccaiions lead them. 
 The \\Q[\-Saxons depofed Sebitrg their Queen, bccaufethey M- Wetlm. 
 would not Hght under a woman ■, but the Mercians obeyed ^" \vc^' 
 £//Zf^ their Queen, and under her fought valiantly with good An 91^1, ci^, 
 fucccfs againit the Danes \ imitating the cuftom of the Si- Tacit. 
 tones or Norrvegians in Germany \ as they might borrow it ^'"^S'"^' 
 from tne Lacedemonians. A Curtom it was fo much the 
 
 more . 
 
48 SAXONS* 
 
 - 
 
 more honourable, by how much it demon frrateth freed ome, 
 ,and that the worth of the. people refted not fo much in thed 
 -head, as it's diffufcd through the whole body. And it feemeth 
 -to run in the blood of an f^>/g//y/>man, even to thisday, to 
 be as brave under a finglc Queen, as under the mofl: valiant 
 iKing, if not much more : and Hill to Ikive to be as famous for 
 the defence of Majcliy wherever they fct it, as the Britons 
 •were of old ; Nor were they different in their refped of age 
 -from that of the Sex '» for though after the death of Edmoird^ 
 Edwin or 'Edgar were to have fucceeded in the Crown by the 
 ■right of defcent,yet the States would not admit them , be- 
 caufe they were Minors i but x.\\t Mercians admitted /iCe'^f/we' a 
 child of Seven years old to be their King. They likewife ex- 
 .cluded not Ballards tilkhe Clergy interpofedi for they having 
 wound thcm'elves into the Councils of the Kingdom, pro- 
 -cured a conllitution to back them in the Election of Kings 
 Legitime, &c. Let the Kings be legally chofen by Priefts and 
 Elders, and notfuch as as are begotten by Adultery or Inceft ; 
 Which conftitution was made in aLegatine Council, and con- 
 •Mag. ccnr. . 8 farmed by great Offa : The rule of their Election was the fame 
 An' 747 •"^'^^'^ ^'^^^ in Germany^ viz. to Eledt thechiefeft out of the. 
 
 chiefcll family, that is, the ehiefeft for worth, not by defcenti 
 Tacitus. yet the honour they bare to their brave Kings who had deferved 
 
 well, made fome to honour their pofterity, and to chufe their 
 ddert after their deccafe, and fo in time Crowns were taken up 
 by curtom, and Eledion oftentimes fubfequent was accounted 
 but a ceremony, unlefs the people will difpute the point. 
 
 Secondly, this Eledtion was qualified under a ftipulation or 
 
 covenant , wherein both Prince and people were mutually 
 
 bound each to other •, the people to defend their King, which 
 
 Tjcitus. the Hillorian faith was pr£cipuHm Sacramentutn--, and the Prince 
 
 to the people to be no other than the influence of the Law 
 
 Cor.cil. Erir. futable to that faying of JEthel\Un the S'.ixo;/ King, feeing I 
 
 p. 597. according to your Law allow you what is yours, do you fo 
 
 w.'thmei as if the Law were the fole umpire between Kiirg 
 
 and people, and unto which not only the people, but alfo the 
 
 King mufl fubmit. The like whcreunto Ina. the great Snxon 
 
 XMnjf.LamU. Kin^ alfO) no great man, faith he, nor any other in the whole 
 
 King- 
 
SAXONS. 49 
 
 Kingdom mayabolifh tlie written Laws. Kings furthcrmoi'e 
 bound themfelves Cat their entrance into the Throne ) here- 
 unto by an Oath i as it's noted ot CanutUf^ unto whom after 
 JEtbeldred was dead, the Biftiops, A bbats, Dukes, and other M'^or cap. t. 
 Nobles came and Eledcd him to be their King, and fware ^^^' ^' 
 Fealty unto him i, and he again fware to them that Secundum ^vigorra 
 Veum &fecuHdumfeculnm,&cc. vrz. according to the Laws of An. loi^.- 
 God and of the Nation he would be a faithhjl Lord to them. 
 It's probable I grant that the pra^cipumn Sacmmentum formerly 
 mentioned was in the hrft nature more pcrfonal for the de- 
 fence of the perfon of their leader whiles he was their Captain: 
 becaufe it much concerned the good of the Army, and with- 
 out whom all mull: fcatter, and bring alltoruinei and this 
 the words of the Hirtorian do evidence. But the fafety of the 
 whole people depended not on him after the War was done , 
 and therefore the oath tied them not any furthers nor did the 
 fafety of the. people, afterwards, when as the Saxons entred 
 this Land,fo abfolutely reft upon the perfon of the King, efpe- 
 cially ii he proved unrit to manage the work ; and therefore 
 the fealty that the people fware to their King, was not foab- 
 folutely determined upon their perfons , otherwife thart |n 
 order to the publick weal, as^ may appear from the Laws bf 
 thi Confeffor ,. who was within Thirty years after the Rcigii 
 of JEthdjUn^ formerly mentioned i The words in Englifh run 
 thus : AH the people in their Foll^mote Jhall confederate them- 
 felves as fworn Brethren , to defend the Kingdom againjl jiranq^err 
 and Enemies J together with their Lord the Kiug'^ and to preferve 
 bis Lands and honours together with him rvith all faithfuln efs^ 
 and that within and without the Kingdnn of Britain they will he 
 faithful to him as to their Lord and King. So as 'tis evident the 
 5^:10(7;^/ fealty to their King was fubfervient to the publick hk- 
 ity, and the publick fafety is neceilarily dependant upon the li- 
 laerty of the Laws. Nor \ivas it to be.expedted that the Saxo-;u 
 would endure a King above this pitch. For thofe parts of 
 1 Germany ( whence they came ) that had the'Rcgiinent of Kings 
 C which thefe had not ) yet ufed they their Kings in no other 
 manner than as fervants of State in fending them as EmbaiTa- Tjcitus. 
 ^ors and Captains, as if they claimed more interclUn him 
 :•!. I than 
 
 \ 
 
50 s A ^ ^ ^' 
 
 than he in them : and the Hiftorian faith cxprefly, that a- 
 
 mongft thofe people in Germany that had Kings, their Kings 
 
 had a defined power , and were not fupra libertstem. And 
 
 this Maxim of State became afterwards privilcdgcd by Sandu- 
 
 ary; fo^: by the growth' of Antichrill, not only the Clergy, 
 
 but even their Tenants and Retainers were exempt from, reach 
 
 of Kings,and even by their own conceflion allowed of a Law 
 
 LI. Sax. Ed. .^^^^<^^? the throat of their indefined prerogative viz. That 
 
 cap. 17. if, the King defend not his people? and efpecially Church-men 
 
 from; injiUry , nee ftomen Kegir ineo. conjiabh^ verum nomcn 
 
 Kt^iperdit. Which Law .howfever it might pafs for currant 
 
 Divinity in thofe days, yet it's ftrange it fhould get into a 
 
 M. Weftm. publick ad: of State. Nor was this a dead word, for the peo- 
 
 An. 7^6. 758. pie had formerly a trick of depofing their Kings ( when they 
 
 ^^igorn. ^^^ j^jj^ pg^p ^bQyg f}^£ ordinary reach ) and this was aij,-cafte 
 
 work for them to do, where ever neighbouring Princes of their . 
 
 own Nation watched for the windfals of ; Crowns ; This tnade 
 
 the Monarchical Crown in this Land to walk circuit into kl\ 
 
 parts of the Countrey to find heads fit to wear it felf, until the 
 
 Norman times. 
 
 Thirdly, the ^'.^xo;// had fo hammered their Kings in their 
 El^dlions, and made them fo properly their own, as they claim- 
 ed an intereft not only in the perfon of their Kings, but 
 alfo in theirEftates, foasin fome refpeds they were fcarcely 
 ^ fuijurl'f. For King Baldred had given the Mannor of Malings 
 Concil. Erir. {^ Sujfex to Cbriji-chHrch in Canterbury ; and becaufe the Lords 
 ^°* confented not thereto, it was revoked, and King Egbert after- 
 
 wards made a new grant by advice of the Lords > which (hews 
 that the Demefnes of the Crown were holden facred, and not 
 tobedifpofed of to any other ufe , though pious, without 
 the confcnt of the Lords : and herewith concur all the 
 Saxon infeodations, attefted and confirmed by Bidiops , Ab- 
 bots, Dukes, and others of the Nobility under- their feveral 
 hands. 
 
 Neverthelefs Kings were not then like unto plumed Eagles 
 expofed to the charity of the Fowls for food, but had a Royal 
 maintenance fuitable to their Majefty i rheir power was dou- 
 ble, one as a Captain, an other a? a King > the hrfi: was firA:, and 
 
 ojade 
 
SAXONS, 5j 
 
 made way for the fecond '■> as Captain, their power was to 
 lead the Army, punifh according to Demerits, and according 
 ro Laws i and reward according to Difcretion. As Captain, 
 they had by antient cuftom the fpoil left to their ordering 
 Ly permiilion of the Army, Exigunt Princip'^s liberalitate lUum Vacicus. 
 hedatorem equuTtty illam cruentam & viitricem frameam •, and 
 they were not wont in fuch cafes to be clofe handed ( per bella 
 raptus mnnificentU materia ) the fpoils in thefe wafted parts 
 of Germany bcng little other than Horfes and Arms. But 
 after they came into Britain^ the change of foil made them 
 more fat \ Horfes and Arms were turned into Towns , 
 Houfes, Lands, and Cattel i and thefe were diftributed as fpoils 
 amongt the Saxon Souldiers by their Generals, and this re- 
 dounded to the maintenance of the State and port of the great 
 men, who were wont to be honoured mnfiipsndiis fed mune- 
 ^ibus , and the people ufed ultro & v'tritim conferre priHcipibus _ 
 I el armentorum vel frugum aliquidt but now Upon the difrribu- ^^''"** 
 tion of conquered Towns, Houfes, Lands, and Cattel in Br/- 
 iainz yearly produd of Vidtuals or other fervicewas referved 
 and allowed to the ^4a:o« Kings by the people , as the people 
 allowed to Jofhua his Land, JoC ip. 4<^. So as they needed no 
 longer the former courfe of Offerings, but had enough to 
 maintain their Royal port, and great fuperfluity of Demcfnes 
 belidesi as their charity to the Church-men does fufficiently 
 evidence ; and by this means all the Lands in England became 
 mediately or immediately holden of the Crown, and a fetled 
 maintenance annexed to the fame ', beildes the cafual prohts 
 upon emergencies, or perquilites of Fellons or Fugitives i^pods, 
 mines of Gold and Silver, treafurc trove, raulds for oitences, 
 and other priviledges, which being originally in the Kings ^'''or.ior.jjs 
 were by them granted, and made Royalties in the hands of ^'•^'^^^•^'P- 4 
 Subjects as at this day. 
 
 To the incrcafe of Majefty and maintenance there was an 
 accefsof power, not to make, difpenfe with, or alter Laws 
 but to execute and ad the Laws eftabliHied : and again/l this 
 power there was norifmgup fo long as it like anunfethered 
 Arrow gadded not at random. It's true the Church-men or 
 Prelates checked them often, but could never give them the 
 
 ^ 2 mate. 
 
52 
 
 S J X T^ S. 
 
 mate. For peace fake Kings many times yielded much i yet 
 would no King, of Saxon principles allow of any Canon that 
 extolled x\\(t Clergie's Authority above that of Kings; and 
 though the placing and difplacing of Bifliops feemed to be all 
 Eccldiartical work, yet would not the Kings altogether con- 
 nive: as the examples of hja in placing a Bilhop in If^'els^ 
 Malmesb. gcft. Ojf^ in making two Provinces of one, Cemtlpbm m reftoring 
 pontif. iib. ?. Polydcruf.^ E Jfrid in depofing Wilfrid^ 2ind Edtvard theCon- 
 geft.Reg.li'j.i. feflbr in making Robert Norman Archbilhopof Canterbury m^y 
 M^Paris induce into opinion i and for their ov\'n fafety fake the Prelats 
 
 An. lo^V thought it wifdom for them fometimes to ftoop to that power 
 that at other times they muft be beholding to ■■> and there- 
 fore though in Synodical difputes they would hold with the 
 Canon , yet in matters of adion v,70uld fuit with the occafi- 
 on, and thereby taught Princes to account of Canons but as 
 Notions', and politickly toputthe honour of Ccmmiffioners 
 upon thefe men : thus the current of both powers paffing In 
 one chanel made the people drink double Beer at once i the 
 turns both of Pope and King were competently ferved, and 
 thefe men had the honour of the two-handed Sword i and 
 all feemed compofcd into a.fair compromife. But the Pope- 
 dom finding its Authority becalmed indured this but as a bur- 
 den, till Pope Nich«las the feconds time, who by the like trick 
 commended all to the Crown, as from the Papal Benedidion* 
 For Edrvard the ConfelTor upon his foundation of the Abby 
 of jr^Jiminfier fent to the Pope for his allowance, and confir- 
 mation of what he had done, or was to do i and to make way 
 for the more favour fent prefents, and a confirmation of Kome- 
 fcct : The Pope was fo inflamed with fuch an abundant mea- 
 fureof bleiling, as he not only granted the Kings defire» but 
 alfodifcharged that Abbeyirom ordinary jurifdidion, made it 
 a peculiar fubjed only to the King5 vilitatlon, and concluded 
 his Bull with this horn. Vohis vera & fopris vefiris regibus 
 committtmus a-dvocationem & tuitionem ejufdsm loci 6^ omnium 
 Concii. Brir. ^^^^.^^ AnglU Ecclefiar;im^& vice mjlra^cum concilia Efifcoporttm 
 An.ic65. & Ahbatum conjtituatis nbiquequxjuliafunt. How the King 
 took the conclufion I find not, but he could never rnake better 
 ufe than by way of eftoppel, unlefs he meaned to facrifice his 
 
 own 
 
SAXONS, 53 
 
 own right as a thank-offering to a fliadow , which I find not 
 ^hat he or his next fucccflbrs ever did : but as touching the 
 Laity , Hiftories do not touch upon any conceit of with- 
 drawing Monarchical power. It's true Kings had their excef- 
 fes , yet all was amended either by the body of the people, 
 when they pleafed to examine the matter, or by the Princes 
 fair complyance when complaint was made, and fo the Law d. Canuc. 
 was faved. And thus upon all the prcmifes I (liall conclude') cap. 67. 
 a Saxon King was no other than a />/■/;««;« mobile fct in a regu- 
 lar motion, by Laws ellablillied by the whole body of the 
 Kingdom. 
 
 CHAP. XVIL 
 
 of the Saxon 'Nohili'y. 
 
 T'He antient Saxon Nobility in G'frwt?;/y were the chiefeft 
 in adlion both in War, and in Peace. That rank of men 
 was contiued by Three means, viz. by Birth or Blood, by 
 .valour, and by wifdom ; the firft was rather at the hr.'f a 
 ftem arifing o-t of the firft two, thtn a different degree or 
 kind : for Noble blood was at the firll innobled by brave 
 adlions, afterward continued in their honour to their poflcrity, 
 till by as bafe courfes it was loft, as it was gained by wortliy 
 Atchievements '■> thefe were called Adelingi. The Nobility of 
 adtion confifted either in matters of War or of Peace. Thofe 
 of Peace arofe principally from wifdom, which being gained 
 for the moft part by much experience, were therefore called - 
 AldermanniorcX^zxmtn. The Nobility of War arofe fomc- 
 what from valour or courage with wifdom^but more from good 
 fuccefs i for many brave and fortunate Commanders have not 
 been very daring, and the braveft fpirits though wife, have not 
 been ever honoured with good (..^ccQk i thefe were called W'J^''^' 
 Heretochii. Neverthclefs all thefe names or titles were uf&d Nitai^dtlb.' 4- 
 promifcuoufly in following times, and all called Nohihs \ but 
 both that and JDHces^Satrap£. and Comites were all of the Ro- 
 man. 
 
54 SAXONS, 
 
 man Dialed, as the forrrcr were o{ the Saxon. Time alfo 
 brought others into this Honourable band, viz. The great 
 Officers of the Kings houH-iold , and rheir attelb are found 
 amongft the Kings Charters, amongft the Nobles i> And that 
 much advar.ced the price of Kings-, for he that is worthy to 
 be not only Lord above Nobles, 1)ut Maftcr of fome, may by a 
 little curtelie prevail over all. This Harry Heaven had feveral 
 Orbes ; fome fo high ■> as in common eftecm they were next the 
 Imperial Heaven, having a tindure of Royal blood, and at 
 
 Tac'tus the next door to the Throne") Others, though not of fo clear 
 
 light, had neverthelcfs no lefs powerful influence upon the 
 people, but rather more, by how much more nigher to them. 
 Their power in matters of peace or government of the Com- 
 mon-weal was exercifed either coUedively or apart and feve- 
 ra'ly. In their meetings they ordered the fmaller emergencies 
 of the publick in convocating and directing the people. De 
 
 ^ minor ihui rebus confultant pr incites. Thefe minora are fuch as 
 
 arefubfcrvicnt to the majora 2Lnd pro hie & nuncxcquixe [nd- 
 den order touching any particular part or member of the 
 Common-wealth. At other times they vifited their feveral 
 Territories or circuits, hearing and determining matters of 
 Controverfie, and executing Judgment according to the known 
 Laws. Trincipes jura per pagos vicoj'que reddunt, Y et they 
 had comites of the Countrey joyned with them > whereof 
 
 Tacitus, afterward. This was their courfe in German Saxonyt but in 
 
 England the new Hem of Kingly power ariling higher than 
 all the reft fucked much from them, and kept them under : 
 for the judiciary power was in time drawn up into the Kegal 
 order , and the Lords executed the fame as Deputies from and 
 under him, deligned thereto by Writs and Commiilions, as 
 ^ it's more particularly noted of King ^//rf^. The Lords thus 
 
 Sec.\. ^ leiTened in their judiciary power, carried the lefs Authority in 
 
 their Votes and Confultations. The King was a perpetual 
 Moderator in that work, and it was no fmall advantage he had 
 thereby to fway the Votes. Men that are advanced, if they 
 have any excellency, foon gain admiration i and it's a hard 
 thing for one that hath yielded his heart to Admiration , to 
 keep it from adoration.This hath mounted up Kings to the top 
 
 more 
 
S J X N s, 55 
 
 more than their own ambition, and made [them undertake 
 
 what they ought not, becaufc we elleem more highly of them 
 
 than we ought. I fpeak not againft dac^ but undue Obedience i 
 
 for had the Saxon Lords remembred therr.fclves, and the true 
 
 nature of the Authority of their King, they needed not to be 
 
 amazed at their check, nor to give way to their pailiou, as Concil.Brlt. 
 
 they did many times , and advifed others to do the like. Nor p. 5; 5- 
 
 had Kings by degrees become beyond controll and uncapable 
 
 to be advifed. This errour the Lords efpied too late, and foine- 
 
 times would remember their antienr right and power, and did 
 
 take boldnefs to fet a Law upon the exorbitancy of their M. Wcflm. 
 
 King, as in that cafe of JEthelrvolf and his Queen amongft ^'^' ^54- 
 
 others may appear: but that was like fome enterprises that 
 
 owe more to extremity of occafion than to the courage of the 
 
 undertaker. 
 
 CHAP, xviir. 
 
 of the Freemen amongji the S axons. 
 
 ".« '..«■(' . ■ . 
 
 THe nextand moft coniiderablc degree of all the people, 
 is that of the Freemen called anciently Frili^gi or ' 
 free born, or fuch as are born free from all yoke of Arbitrary 
 power, and from all Law of compulllon other than what is 
 made by his voluntary confent '•> for all free men have Votes in 
 the making and executing of the general Laws of the King- 
 dom. In the tirll they differed from the Gauls , of whom 
 it'snofed,that the Commons are never Called to Council, nor Caf. Cora, 
 are much better thanfervants. In the fecond they dilTer from ^'^'* ^' 
 many free people and are a degree more excellent being ad- 
 joyned to the Lords in judicature , both by advice and power, 
 confjlium &- aittboritas adfuy} t y znd therefore thofe that were ^ ,. 
 eleded to that work were aWcd Comites ex plehe^zndrr.^de '"'^^"^^' 
 one rank of freemen for wifdomfuperiour to die reft: Ano- 
 ther degree of thefc were beholding to their Riches, and 
 WQie Ci\kd Cujhdes Tagani an honourable title belonging to 
 .Military fervi?e i and thefe were fuch as had obtained an eltate ^' , ^ '° "** 
 
56 SAXONS. 
 
 .![ 
 
 of (uch value as that their ordinary Arms were a Helmet, a 
 Coat of Mail, and a guilt Sword ; The reft of the free men 
 were contented with the name of Ceorles or Tagani , viz. 
 Rural clowns, who neverthelcfs were the moft conliderable 
 party both in War and Peace : and had as fure a title to their 
 own liberties, as the Cuflodes pagani , or the Ccuntrey Gentle- 
 irien had. 
 
 T 
 
 CHAP XIX. 
 
 of the VilUmes amovgU the Saxons. 
 
 'He moft inferiour rank amongft the Saxons were thofe 
 thatof laiter times were called Villains i But thofe 
 alfo antiently divided into two degrees, the chiefcr of.wiiich 
 were called Frf£"-/i3zz/. Thefe were fuch as had been flaves, 
 but had purchafed their freedom by defert i and though they 
 had cfcaped the depth of bondage i yet attained they not to 
 the full pitch of free men i for the Lord might acquit his own 
 title of bondage, but no man could be made free without the 
 
 T^cituf. a<f^ of the whole body. And therefore the Hiftorian faith, 
 
 that they are not multum fupra fervor, or fcarce not fervants. 
 They are feldom of account in any family, never in any City. 
 But in Kingdoms fomctimes advanced above the free men, yea 
 above Nobles. Thofe are now adays amongft the number and 
 rank of fuch as are called coppy-holders, who have the privi- 
 ledge of protedlion from the Laws, but no privilcdg of Vote 
 in the making ot Laws. 
 
 The moft inferiour of all were thofe which were antiently 
 called Lazzi or flaves j thofe were the dregs of the people,ahd 
 wholly at the will of their Lord to do any fervice, or under- 
 
 Taciiuj. go any puniftimenti and yet the magnanimity of the Saxons 
 
 was fuch as they abhorred Tyranny : and it was rarely ufed 
 amongft them, by beating, torture, imprifonment , or other 
 hard ufage, to compel them to ferve 5 they would rather kill 
 them as Enemies i and this wrought Reverence in thefe men 
 towards their Lords, and maintained a kind of generoflty in 
 
 their 
 
SAXONS. 57 
 
 their minds, that they did many brave exploits, and many 
 times not only purchafed their own freedom, but alfo brought 
 ftrengthand honour to the Kiifdom. And tiiough the info- 
 lency of the Vattes much quelled this Saxon Noblencfs , yet 
 was it revived again by the ConfefTors La\^ which ordained 
 that the Lords (hould fo demean thcmfelves towards their 
 men, that they neither incur guilt againaCod, nor offence 
 againft the King > or which is all one, to refpcd them as Gods 
 people and the Kings Subjedb. And thus much of the fcvcral 
 degrees of men amongll the Saxons, being the materials of 
 their Common-weal j a model whereof in the making and 
 executing of the Laws and manner thereof, now next cnfueth. 
 
 CHAP. XX. 
 
 Of the gtAnd Council of the Saxons called the Mjckle^ 
 
 mote. 
 
 Tacitus. 
 
 IT was originally a Council of the Lords and Free men \ 
 afterwards, when they afTumed the' title of a Kingdom the 
 King was a Member thereof, and generally prefidcnt therein 
 but. always ^intended to be prefent , though actually and in 
 his own pCTfon by emergent occafions he may be abfent and 
 iometimcsbydifabilityof hispcrfonhebeunmeet to Vote or 
 bePrehdentin fuch anAffcmbly: as it was in the Council at 
 Clano or Cleve in Wiltjhire , when the great cafe between the 
 Monks and married Pricfts was concluded i the King was ah ^^'''*"«^- 
 fent , as the Ibry faith , becaufe of his minority , and yet if fao'"!'^'''^'' 
 writers fay true, he was then in the Sixteenth year of his age. L^b^' t' 
 The Lords were alfo neverthelcfs in the fame condition of A"- 978. 
 priviledg as formerly, and though it appeareth that the Kings 
 had gotten the priviledg of fummoning the grand meeting in 
 his own name, yet it was by advice of the great meii and 
 being met their votes were no other in value than as formerly i 
 for all their Lzm were ex conftliofapiemim, and for ought can 
 appear out of antiquity the vote of the meanest continued 
 
 -- .„ as 
 
 '^ good 
 
58 S A X N S. 
 
 Tacitus. good as of the greateft, athitrium ejl fenet ^lehem. And thus 
 
 the Alicl{lemote. or TFiftagenniote of the Saxons in 'England con- 
 ti'nued in the King, Lords, and Free men by the fpace of One 
 hundred and hfjty years, and in fome parts of England nigh 
 Two hundred ye^rs before ever the Kowiii^ Bifhops foot ente- 
 red, or the itoman Clergy crept ipto the Councils of State. Af- 
 terwards the Prelates were admitted de bene ejj'e^ for advice » as 
 fapientes^ and continued by allowance', how Canonicallyif/z 
 viderint^ for I underftand it not, efpecially as the Scripture 
 was then expounded. Nemo militans Veo implicet negotiis fecu^ 
 laribifs:- yet if they be allowed f what in thofe days they ordi- 
 narily tOok up") a degree of policy above devotion , that knot 
 is alio foon untied. I fay they entered -^sSapientes, not^as 
 Frelati^ or Church-governours i for then they had holdeii 
 the fame power in Church-matters agitated in the IVittagenmot 
 that they had ufurpcd intheir Synods, which they held only for 
 XThurcjirvhiCation, which they could never- have, becaufe the 
 Sapientes regni had their Votes therein as freely as they. *Nor 
 could the Prelates by any Law entitle themfelves to fuch power 
 or priviledg, fo contrary to the privjledg of the JVhtageifmo'te, 
 For though it be true that theGfr/«i?«Fr/>/f/had a liberty to- 
 "^eprel^nt in thefe grand AfTemblies, and to have fame prefi- 
 'dency therein, as to command iilence, &c. Yet. .it's, na title Jo 
 Tacitus. thefe, unlefs they will intereil themfelves as their Succeffors, 
 
 ^topoifefs by ajufDiviHum that jw P/^^o//c«!«( which thoTe 
 Priefis formerly had ) in a way of immediate providence » 
 fomewliat like the poifcffion of the mantle of E//W7 found by 
 Etijlja.. They might, I grant, plead the title from Kings > 
 but it muft be granted alfo that Kings as yet hadnomoi^e 
 ■power over the Church than in the Common-wealth. Nor 
 could they , have that from the Lords which the Lords never 
 had, but. was ever accounted amongfl; the majora^ and of which 
 the lylttagenmoie had the only cognifance, as it will appear in 
 Tome particulars enfuing. ; 
 
 '. .,; JUnt9 the King,. Lords, and. Clergy muft be added, as I faid, 
 *the Freemen) to make up the Mickleinote compleat \ and though 
 'it be true that no monument of ftory fpeaks of this grand 
 meeting from their being in Germany^ until after the com- 
 ing; 
 
SAXONS. 
 
 S9 
 
 ing of Arijii)ft yet %y hen as the S.ixon Hillories th.en find 
 them in the fams condition that the German ftory leaves them, 
 it's very probable that in the interval they continued their 
 wonted cullom, although they had no Learning to leave mo- 
 numents thereof unto the vi^orld. And hereof the examples 
 are not rare in thofe remembrances that thofe ancient times 
 have left us. For within lix years after Anjlius arrival yl,//^?/- 
 ^fr/ calls a Common Council tamcleriquam populi. hia after /-^„ i » • 
 
 1- JT r r ^ ■ n.' -c r^ ■' r Concil. Brtt. 
 
 him made Lawsy«j/« & mjtitutj tpijcoporum omnium fenato- j ,^. 
 rnm& natumajorHmfapie/itumpopifli'-, in magna fervor um Dei I^.Sjx. Lamb. 
 frequentia. Alfred zher him reformed the former Laws co«- ^,^."^^-^* ^°-^ 
 fnlto fapientum. After him JEtheJIian called a Council, in J^'f^ °^^'* 
 which was the Archbifliop, and with him the Optimatet & 
 fapientes frequentijfimi belides others, whereof I fhall treat now 
 that I come to the matters handled in this Court. 
 
 The matters in agitation in the JHttagenmot generally were 
 all both of publick and private concernment. That which 
 concerned the publick were fuch as regarded removal of in- 
 conveniences, fuch as are Laws for leagues and affinity with 
 other Nations for preventing of War i and thus became the ^ .. p . 
 Saxons and Britons United, and the mortal feud between p.^Mo* '^'^* 
 thofe two Nations laid alidc, and they made'one j and the LI. Lamb. 
 «^^a;o;/x and P'J!>/f/ reconciled by a Covenant agreed unto > and Cantabr.f0.5<, 
 fworn between both Nations. The like alfo may be faid of 
 their making of War of defence againftForrain invafion. Mat- 
 ters of publick and general charge alfo were debated and con- 
 cluded in that Aflcmbly, as the payment of Tithes , it's faid Y ^^^' 
 they were granted Kege Baronibus & popitlo. Such alfo as con- CQ^' ^^"^' 
 ccrncd tlic Church i for fo 'Edwin the King of Northttmherland 
 upon his marriage with a ChrilHan Lady , being importuned to 
 renounce his Paganifm, anfwered he would fo do, if that his Antiq. BriN 
 Queens Religion fliould be accounted more holy and honou- P- 5i- 
 rable to God by the wife men and Princes of his Kingdom. 
 And all the Church Laws in the Saxons time were made in the 
 M/i^fw(7/f.Monarteries were by their general confent dedicated, 
 and their poiTelTions confirmed. ^ he City of Canterbury made ^'^'"'*^''- ^^^'f* 
 .the Metropolitanei matters alfo of private regard were there i^i^J. ^.j 
 . proceeded upon, as not only general grievances, but perverting 
 
 K 2 of 
 
6o 
 
 S J X hi s. 
 
 Ibid. 3g2. 
 
 Cap I. Sec. 3 
 
 Sec. 2. 
 Cap.4. Sec- II 
 
 Ticltus. 
 Piut. Lycurg. 
 Thucycl.lib.i. 
 de Laccdem. 
 
 Taci;us* 
 
 An. U";?. 
 
 of juftlce in cafe of private perfons : as in that Council c 
 led Synodale concilium under 'Beormtlfus the Mercian Kin^ 
 (]M£fitttm ejl (jHomodo qm cumjujlitia fu iraUatus , feu quis i 
 jujie fit jpoliatns . The name of which Council called Syni 
 dal mindeth me to intimate that which I have often endeavo 
 red to Hnd out, but yet cannot, wz. that there was any di 
 rence between the general Synods and the Wittagenmot , u 
 lefs merely in the Hrft occafion of thefummons. And if the 
 be any credit to be allowed to that book called, 'the Mirror of 
 Jnflices^ it tells us that this grand Affembly is to confer of the 
 Government of Gods people, how they may be kept from fin, 
 live in quiet, and have right done them according to the Cu- 
 floms and Laws > and more efpecially of wrong done by the 
 King, Qiieen, or their children i for that the King may not 
 by himfelf or Juftices determine caufes wherein himfelf is 
 adori and tofumup alljit feemethaCourt made to rife and 
 fioop according tooccafion. 
 
 The manner of debate was concluded by vote, and the funi 
 taken in the groffe by noife i like to the Lacedemomans » who 
 determined what was propounded clamore non calculis j yet 
 when the noifc was doubtful, they took the votes feverally. 
 The meeting of the Saxons at this AlTembly in the firft times 
 was certain, viz. at the new and full Moon. But Religion 
 changing, other things changed thefe times to theFeaftsof 
 Eajier, Yentecoji^ and the Nativity \ at which times they ufed 
 to preftnt themfelves before the King at his Court, for the 
 honour of his perfon, and to confult and provide for the af- 
 fairs of his Kingdom-, and at fuch times Kings ufed to make 
 ihew of themfelves in their greateft pomp , Crowned with 
 their Royal Crown. This CuRom continued till the times of 
 Henry the fecond, who at IVorcefter upon the day of the Nati^ 
 vity offered his Crown upon the Altar, and fo the Ceremony 
 ceafed. 
 
 This grand Aflembly thus conftituted was holden facredi 
 and all the members, or that h|Kl occallon therein, were under 
 the publick faith both in going and coming, unlefs the party 
 were fur prohatHS. If a Member were wronged, the delin- 
 quent payed double damages, and fine to the King, by a 
 
 Law 
 
I . 
 
 SAXONS. 6l 
 
 Law made by -^^/W^^?*^ above a Thoufand years ago. This Concil. Briu 
 priviledg of fafe pafs being thus ancient and fundamental, P- y-?* 
 and not by any Law taken away, relleth ftill in force. But how p.'j. cap?79. 
 far ir belongeth to fuch as are no Members, and have affairs LI.Ed.eap.5j. 
 ncverthekfs depending on that Court , I am not able to de- 
 termine i yet it fcemeth that priviledg out-reacheth members .* 
 unlefs we (hould conceit fo wide, that the Ihte did fuppofe that 
 a member might be a notorious and known Thief. 
 
 Lallly, this affembly though it were called the JVittagenmot, 
 or the meeting of wife men i yet all that would come might be 
 prefent and interpofe their liking or difliking of the propoli- 
 t\on-,fi dij^licuitfententia jremitu ajpernatnr^fi placuit jrameas 
 concHtiunt-'i and fome hints I meet with, that this courfe con- 
 tinued here in England-, for fome presents run in magna y 5jx Lainbi 
 fervorum Vet frequentia^ as that of Ina : commune concilium fe~ p. ,_ 
 niorttm & populorum totitts regni : another Council by him hoi- Concii. Brit* 
 den. The Council of jyinton^ An. 855. is faid to be in the J^''^",^ ^ 
 prefence of the great men, aliorumque jidelium itifinita multi- "^^^ ^'° 
 tudine. And it will appear that it continued thus after the 
 Norman times ; what power the vulgar had to controll the 
 Vote of the wife men, I rind noti fremitu ajj^ernabantur it's 
 faid, and probably it was a touch of the rudenefs of thofe 
 times i for it was not tromany pofitive Law of the N'acion, 
 but a fundamental Law in nature that wife men fhould make 
 Laws : and that the fupream judicature fliotrld relt in the 
 IVittagenmot ^ was never an honour befrowed uponit by the 
 Saxonsthdt an endowment from the light of rcafon, which 
 can never be taken away from them by thatheadlefs conceit 
 /Tozwo ui />(?/?«/« w, but that body mull be as monlkous as the 
 Anthropophagi whofe heads are too nigh their belly tobe viik. 
 
 CHAP. 
 
6t FAXONS. 
 
 CHAP. XXI. 
 
 of the CoHtJcil of Lords* 
 
 1 
 
 T"] 
 
 'His in the firft condition was a meeting only of the Lords, 
 fordireflrion in emergent cafes^ concerning the govern- 
 ment and good of the Common-weal •, and for the promoting 
 of adminiiiration of juftice ; chefe the Hiftorian calls Minora^ 
 bcciufe they were to ferve only the prefent pailions of State. 
 Afcerwards when they had gotten a King into their number, 
 they had fo much the more work as might concern due cor- 
 '^ refpondency between him and the people, and of themfelves 
 towards bath. This work was not fmall, efpecially inthofe 
 times of the growth of Kings, but much greater by the ac- 
 ccfs of Prelates into their number, with whom came alfo a 
 glut of Church affairs, that continually increafed according 
 as the Prelates ambition fwelled, fo as this Council might feem 
 to rule the Church alone in thofe days > when as few motions 
 that any way concerned Church-men, but were refolved into 
 the Prelatical cognifance> as the minora Ecclefi£ : and thus un- 
 der the colour of the minora Ecclefj£^ and the minora KeipHblic£^ 
 Mag- cent- 8. ^^^^ ""^^^ Council of Lords came by degrees to intermeddle 
 cap. 9. too far in the magnalia Regni. For by this means the wor- 
 
 An. 712. {hipping of Images, and the Mafle was obtruded upon the 
 Concil. Brit. Saxons by the Koman Bi(hop and his Legate, and the Arch - 
 An. 6o4' bifnop of Canterbury ; and decreed that no Temporal or Lay 
 perfon (hall pofTefs any Ecclefiaftical polTeflions. That eledi- 
 ons of Eccleiiaftical perfons and officers (hall be by Bilhops. 
 That the poffelTions of Church-men (hall be free from all Lay 
 fcrvice and Taxes. And in one fum they did any thing that 
 bound not the whole body of the Free men. . In which hg,d 
 thefe Lords rcfledled more upon the office, and lefs upon the 
 pcrfon , and not at all upon their private interefl: , they doubt- 
 lefs had been a blefling to their generations, and a Golden 
 Scepter in the hand of a Righteous King i but contrarily 
 niiiiing their way they became a Sword in the Khigs hand 
 
 againft 
 
SAXONS, 63 
 
 *""■"""" -- ..,-.. • .....«' 
 
 { againft the;Sjl4e(3-s, afnare.'toifae Kmgdom,and l>4dnot the 
 ■ IVittagenmot in their mefedng aUayed thofc diikmpers, the' 
 Saxon Government had beeJi.. little othet tha;i a.Ciominon' 
 wealreverfed« ' yrxi^- .'.• vrrrljo fi atj '^lyfr :■ 
 
 '_v,i,C.H;AaP;, ,XX^.. 
 . ;<)/' ^^e /»4««er <?/ //je Saxons Government in time of 
 War, 
 
 \ S the condition of States or Kingdoms are diverfly con- 
 :>iijnk fidered in War and Peace, fo alfo muft their Covcrn- 
 •ment be: for however Wanin it felf be but a feaverifn di- 
 ftemper in a Common-wedl, "yct.in fome cafes it is as necef- 
 fary as a kindly ague in due feafon is for the prefcrvation of 
 -the body; which iTiaiiy times. takeJs.dilkniper rattier from the 
 fTMExcellenCf of itsconiHtxition thahfrora the abundance of hu- " 
 
 •mours. Nor did the tcmperof the .y^w^fji? .Common-weal ever 
 . ihine more than in War,. whiles it itx.^ Law ,upoii that which 
 ' ordinarily is mafter of alt mif-rule and confullon, and fo fought 
 • fbyrule rather thanity pailion. ThcirchieE in the hrft times 
 waschofen by. the Frecmeti' in the lield, either at: the Wittsgen- Vacirus. 
 mot or the foiktmt'^ accoiding;to-thd GJstont io£. his- command, Ll.Ed.cap.55, 
 being drried upon afheildborn upon ih'Girflibulderslike as 
 ^^now Knights of the fliire. are. This Eiiiblemthey entertained 
 ' him with, to declare their tuuft in; him, -and tlie work that 
 "nvas expeded irom-Jirra. ,H|is IntOi'Xkhvf'isihrf^tock^i^.zktX' 
 -'Hf/ardshe wasialled Dake or; Picv,) tiite'latter .whereof ; turned 
 'to a bare Title in the conclufionv but' the former maintained- 
 its own honour, fo long as the name lalkd. After his eledion 
 all fware" to be at his Order, and not to forfake him : this was a -^ ■ 
 trick of Umbafed times i :for though, the-. Ljc5/if/»o;;i^;; Law 
 was pofitive, that none HioulJ flie or break his rank, but get the 
 vidory or dye, yet were they neither bound by Oath or penal- 
 ty ; fhanie inthofe times being accompted wb'iTe than death by 
 thofe brave minds. But times growing more old grew alfo 
 .' ' AWre bafc-fpirited, and could not be ( drawn into the tield ) > 
 
 holden . 
 
64 SAXON S. 
 
 hoWen in rank by Oathes or honour ", and this occafioned 
 Ll.Sax. Lamb, (j^jj ^^^ Qf j„^ (hg ^^j^om King that in fuch cafe a Countrey 
 Cantab, lo. Gentleman {hould be lined One hundred and twenty (hillings 
 Concil.Brit. i^ ^^ were landed, but if otherwife, Sixty (hillings, and the 
 p. ^58. Yeoman Thirty (hillings, and afterwards the penalty was in- 
 
 Ab. iccp. creafcd to the forfeiture of all the eftate of the delinquent. In 
 their Wars they went forth by bodies collectively as they were 
 united by the law of pledges i this made them flick clofe to- 
 gether for the honour of their families and friends, and rende- 
 TaCitus. j.gj f Pj£ jj. encounters mortal, and to the worfted party common- 
 
 ly fatal .• for once beaten in the field they could hardly recover 
 either by rallying or giathering a new Army. Probable it is 
 tliat the Lords might have their villains to follow them in the 
 Battail,but the (Irength conlifted of the Freemen vand though 
 many were bound by tenure to follow their Lords to the Wars, 
 and many were Voluntiers, yet it feems all were bound upon 
 rail under peril of fine, and were bound to keep Arms for the 
 Ll.Bd.cap.35. prefervation of the Kingdom, their Lords,, and their own 
 perfons, and thefe they might neither pawn nor fell,but leave 
 them to defcend to their heirs, and in default of them to their 
 Lord, and in default of him to their chief pledg, and for want 
 of fuch to the King. They muftered their Arms once every 
 year both in Towns and Hundreds, viz , the morrow after 
 Candlemas i and fuch whofe bodies were unfit for fervice were 
 to find fufficient men for fervice in their (lead. They were 
 U Canuc. ^^j^ |^ ^j^^lj. Dif^ipline, if they followed their rule which was 
 ^ ' made not by the arbitry of the General, but by Parliament. 
 
 Thefe amongft other fcattered principles concerning Sea-affairs, 
 may ferve to let us know that the Law-Martial, and that of the 
 6ea were branches of the Pofitive Laws of the Kingdom, 
 fetled by the general Vote in the Wittagenmott and not left to 
 the will of a lawlefs General or Commander '•> ^<) tender and 
 uniform were thofe times both in their. L^ws and Liberties. 
 
 CHAP. 
 
S A XO N S. 6$ 
 
 CHAP XXIII. 
 
 )f the government of the' Saxon Kingdom in times of 
 peace 5 andfird of the divifion of the Kingdom into 
 shires , and their Offccrs. 
 
 IF the Saxon government was regular in time of war^ how 
 much rather in time of peace ? AH great works are done 
 by parcels and degrees? and it was the Saxons ancient way 
 in Germany^ to divide their Territory into feveral circuits or 
 circles, and to artign to each their feveral Magiflrates, all o£ 
 them ruled by one Law i like one foul working in feveral mem- 
 bers to one common good. Thus they did here in England^ 
 having found the Land already divided into feveral parts called 
 Comitatus or Counties, from the word Comes, that fignifies a 
 Companion i and the Counties thence called are nothing but 
 fucieties or afTociations in publick charge and fervice. But the 
 Saxon word is (hire or (hare, that is a portion or precini^ of 
 ground belonging to this or thatperfon, or great Town, and 
 bearing the name of that perfon or Town i and fometiraes of 
 tlic fcituation of the people, as North or South folk, Eaft or 
 South Sex or Saxons. This divifion by the names feems to be 
 of Saxon original, and though by the teltimony of IngHlfus and S^'^*^'^*^^^*' 
 other Writers, it might fecm to be done by Alfred ■•> yet it will 
 appear to be more ancient, if the Reader mind the grant of 
 Fe-ffr-pence made by King Ojf^, wherein is recorded the feve- 
 ral DioccfTes and Shires, out of which that grant was made un- 
 der the very fame names that they own at this day : and that 
 was more ancient than Alfreds time by the fpacc of 80. 
 years. 
 
 Each of thefe Shires or Counties had their two chief Cover- '^°* '^^^' 
 nours for diftributive jullice -, of thefe the Sheriff was more 
 ancient and worthy Officer, being the Lieutenant, and aided sheriffs. 
 by the power of the County in certain cafes : for his Com- 
 milTion extended not to leavy war, but to maintain Juftice in 
 
 ^ chat 
 
 M. Wcflm. 
 
ee 
 
 SAXONS. 
 
 L?.Edw.c,35. 
 
 Cotomrs. 
 
 Miror. cap. i. 
 Sca.13. 
 
 Mhror. p. 300. 
 
 Fits N» Br» 
 163, 1^4.1 
 
 that County, and within the fame, and in this work he was 
 partly minifterial, and partly judicial : in the one he was the 
 'Kings Servant to execute his Writs i in tlie other he regulated 
 the Courts of juftice under his Survey. He was chofen in the 
 County Court called the Foll{>nots-> by the Votes of the Free-' 
 hblders, and as the King himfclf, and the Hsretoch^vjQ.xt inti- 
 tuled to their honour by the peopjes favour. 
 
 The Coroner, though in original later, was neverthelefs ve- 
 ry ancient : he was the more Servant or Officer to the King, of 
 the two. His .work was to enquire upon view of Man-daugh- 
 ter, and by ;Indidrr,ent of all Felonies as dowt contra coronam^ 
 which formerly were only contra pacem-, and triable only by 
 appeal. And alfo he was to inquire of all efcheatesand forfei- 
 tures, and them to fei;?c. He was alfo to receive appeals of Fe- 
 lonies, and to keep the rolls of the Crown pleas within the 
 County. Its evident he was an Officer in Alfreds time i for 
 that King put a Jadg to death for fentencing one tafuffer 
 death upon the Coroners record, without allowing the delin- 
 quent liberty of traverfe. This Officer alfowas made by e- 
 led:ion of the Freeholders in their County Court, as the She- 
 riff was, and from amongft the men of chiefeft rank in the 
 County, and fworn in their prefence, but the Kings Writ lead 
 the work. • . . j.i. , 
 
 :.;>i;;>Mji 
 
 CHAP. XXIV. 
 
 Folli/notf 
 or 
 
 of the County Courts and the Sheriffs Tome, 
 
 THe government of the County in times of peace con- 
 filled much in the adminittration of juftice, which was 
 done in the publique meetings of the Freeholders ; and 
 their meetings were.either in one place, or in feveralparts of the 
 County 1 in each of which the Sheriff had the mannaging of the 
 adls done there. The meeting of the Free-men in one place 
 was called the Folkfnote by the Saxons ffaving the judgment 
 of the honourable reporter) CoJ^Infiit. 2. p. dp. and of latter 
 
 times 
 
SAXONS. 67 
 
 times the County Court : the work -wherein was partly forcon- 
 fukation and diredion concerning the ordering of the County, 
 for the fafety and peace thereof, fuch as were redrefs of grie- 
 vances, cledion of Officers, prevention of dangers, &c. and 
 
 , partly it was judicial, in hearing and determining the common Mlror. p. 147. 
 pleas of the County, the Cliurch affairs, and feme trefpaffes 
 done therein* but not matters criminal , for the Bifhop was 
 Judge therein, together with the Sheriff, and by the Canon 
 he was not to intermeddle in matters of blood; yet neither 
 was the Bilhops nor Sheriffs work in that Court, other than 
 dire(5lory or declaratory i for the Free-men were Judges of the 
 
 '. a(3", and the other did bur edocere jurapopulj \ yet in fpeciai n. caiwt. 
 cafes upon petition, a Commiffion ilfued forth from the King Miror. cap. i. 
 
 1 to certain Judges of 0/fr, to joyn with the others in the hear- ^^c. 15. 
 
 I ine and determinine of fuch particular cafes. But in cafe of jn- ^,. 
 
 • A- L -11 JIM' ^ r 1 * ..u M ror. cap. 5. 
 
 I )u(tice or errour, the party grieved had liberty ol appeal to the ^^^^ i. 
 
 ; Kings Juftice. Nor did the Common Pleas originally com- 
 
 ] mence in the County Court, unlefs the parties dwelt in feveral [']• p^""*^* 
 
 I Liberties or Hundreds in the fame County : and in cafe any * ^^^' 
 
 j miftake were in the commencing of fuits in that Court, which 
 
 } ought not to be, upon complaint, the Kings Writ reduced it to 
 
 i its proper place i and in this alfo the Kings own Court had no 
 
 preeminence. In thofe ancient tim.es this County Court was ConciI.'Brit. 
 
 , to be holden but twice a year by theconftitutionofKing Edgar^ p- 197-111.22. 
 
 ! but upon urgent emergencies oftncr, and that either by the 
 
 * Kings fpccial Writ, or if the emergent occalions were fudden j'p ,\^^' 
 
 : and important by extraordinary fummons of ringing the Moot- 
 
 ! bels. Unto this Court all the Free-men of the County affem- 
 
 ! bled to learn the Law i. toadminifter Jultice, to provide rcme- Ll.Edw.cap.55 
 
 dy for publick inconvenience i and to do their fealty to the 
 
 , King bcfc-re the Bifliop and Sheriff upon Oath > and in the 
 
 i Work ot adminirtring Jullicc, caufes concerning the Church 
 
 ! mull have the precedency j fo as yet the Canon Law had not U. Edr.cap 4* 
 
 gotten footing in England. 
 
 The other Court wherein the Sheriff had thediredory,. was sheriffs 
 
 ill the meeting of the Free men in (everal parts of the County \ Tntu, 
 
 and this was anciently, and now is called the Sheriffs Tome i 
 
 which fimply conlidcredj is but a Hundred Court, or the 
 
 L 2 Sheriffs 
 
68 
 
 SAXONS. 
 
 Sheriffs Torne to keep the Hundred Court. It was ordered to 
 be kept twice every year, viz. at the Lady-day and Mkhaelma^^ 
 Or foon after ; unto this Court all the Free-holders of the Hun- 
 dred repaired, and there they, the Bifhop and SherifTexecuted 
 the fame power and work for kind, that they did in the County 
 ^-i^. ,^- Court. In this Court all the fuitsin the Hundred Court de- 
 
 Ll.Canur.p.i. pending, had their determination, and others had their corn- 
 cap. 1 / • mencement and proceedings, as well the pleas of the Crown as 
 othas. Some have conceived it to be a County Court, or fu- 
 periour thereto i but there being no ground thereof, I con- 
 ceive it to be no other than a vilitation of the County by par- 
 cels or in circuit. 
 
 Miror. cap. i 
 Sec. 1 6. 
 
 LI. Edgar. 
 cap. 5« 
 LI. Edw. 
 cap. 3 5 
 
 !.( 
 cap 
 
 CHAP. XXV. 
 
 of \the Divifion of the County into Hundreds , and the 
 Oficers and Court thereto belonging. 
 
 Counties were too great to meet upon every occafion i and 
 every occafion too mean to put the whole County to 
 that charge and trouble : and this induced fubdiviiions j 
 the firfi: whereof is that of the Hundred now, and alfo ancient- 
 ly fo called) but as ancient (if not more^ is the name P^g«f i 
 for the Hiftorian tells us that the Germans, in the executing of 
 their Laws, a hundred of the Free-men joyned with the chief 
 TacitHS. Lord per pagos vicofque, which firrt were czlkd Cente}iarii, or 
 
 Hundreders from their number, butufed for a title of honour • 
 like the 'triarii : And as a fecond hereunto , I fhall add that 
 teftimony of the Council at Berk,bamfted^ which fpeaking of 
 the redudtion of fuits from the Kings Court adpagi vel loci 
 prjepofitunij in other places its rendred to the governours of the 
 Hundred or Burrough. And at this day in Germafiy^ their 
 Clucr. lib. 1. Country is divided into circuits cdlkd centen or canton^ and 
 cap. i?. centengriecht^ and the Hundredere they call Cent graven^ or Hun- 
 
 dred chiefes, whether for government in time of peace, or for 
 command in time of war i the latter whereof, the word Wa- 
 
SAXONS. 69 
 
 fentakfy doth not a little favour. Amongft thefe one wzs }>er 
 eminentlam^ called the Centgrave^cx Lord of the Hundred, and 
 thereiinroeleded by the Free-men of that Hundred, and unto 
 whom they granted a flipend in the nature of a rent, called Ma^mesb. Reg. 
 Hundredfettena^ together with the gov-ernment of the fame. ^^^' ?• 54- 
 The divilTon of the County in this manner, was done by the 
 Free-men of the County, who are the fole Judges thereof, if 
 Polydores teftimony may be admitted : and it mayfeemmo'i 
 
 I JiKely that they ruled their dividon at the Hrft according to the 
 multitude of the Inhabitants .• which did occafion the great in- 
 
 : equality of the Hundreds at this day. The government of the 
 Hundred rdfled at the hrft upon the Lord and the Hundredarsi . 
 but afterwards by Alfred they were found inconvenient, be- L! A'.urcd 
 caufe of the multitude, and reduced to the Lord or his Bailifl", "p. 4. 
 and twelve of the Hundred \ and thefe twelve were to be fworn 
 neither to condemn the Innocent, nor acquit the Nocent. This 
 was the Hundred Court, which by the Law was to be holden 
 once every moneth? and it was a mixt Court of common pleas, 
 and Crovn pleas ; for the Saxon Laws order, that in it there Y' ^'^^^*,' 5" 
 fhould be done juftice to Thieves i and the trial in divers cafes Ll'j^thdft 
 in that Court is by ordcale. Their Common-pleas were cafes 
 of a middle nature, as well concerning Ecclelialiical perfons L!. Edw. 
 and things as fecular, for the greater matters were by Com- cap. 51. 
 raiilionj or the K.ings Writ removed,as I formerly obfervcd : all 
 Free-holders were bound to prefcnt themfelves hercat. And ^'' ^^^'^^^^^' 
 no fooner did the Defendant appear, but he anfwered the mat- "ndcnbrcc. 
 ter charged againfi him, and judgment paffed before the Court LI. Alhn. &' 
 adjourned, except in cafes where immediate proof was not to Saxon. 
 be had \ albeit it was holden unreafonable in thofe daies to 
 hold fo halty procefs ; and therefore the Archbifliop of Tork^ ^°"^''' ^^'^* 
 prefers the Ecclefiaftical or Canonical way before this. Lallly, Tacims. 
 in their meeting, as well at the Hundred as County Court, they Gloffar. 155. 
 retained their ancient way of coming Ara cd. 
 
 CHAP. 
 
yo SAXONS. 
 
 CHAP XXVL 
 
 of the Dtvifion of the Hundreds into Decennaries, 
 
 THis was the laft fubdivifionof the County, and that refted 
 upon the perfons i and it was either not at all, or not fo 
 obfervable as to be worthy of the Roman ftory » and.. 
 therefore may rather be thought an extract from Mofes Law, 
 introduced by Alfred or his diredion. 1 fay this refted on tlie 
 perfons, and not upon the place j for though the Centeners ] 
 were comprehended with certain bounds i yet the Decenners . 
 Were not limitted but only within the limits of the Hundred. 
 And of thefe alfo it appeareth to me there were divers forts i 
 for fuch matters of controverfie that did arife amongft the De- 
 cenners, if of greater rroment, were referred to the chiefer 
 Juftices, which were appointed ////"fr <5?fcf»« decanes^ which I; 
 conceive were ten chief pledges i and thefe might bear the. 
 names of the Centeners, although they be not the Centgraven i 
 - and the rather I incline thereto, becaufe in all probability there. 
 U.Canuc. 019 muft needs be above one hundred Free-holders in Hundredo^^nd . 
 all free men were Decenners, that is ranked intofeveral ten^i , 
 each one being pledge for others good abearing, and in cafe or. 
 default, to anfwer it before the judge i and in cafe of default of, 
 appearance, his nine pledges ihould have one and thirty daies to 
 bring the delinquent forth to juftice. If this failed, then the, 
 chief of thofe Decenners by the votes of that and the Neighbour,! 
 Decenners, was to purge himfelf and his fellow pledges, both., 
 of the guilt of the fad, and of being parties to the flight of the 
 delinquent. And if they could not this do, then were they by 
 their own Oaths to acquit themfelves, and to bind themfelves: ' 
 to bring the delinquent to judice as foon as they could, and in 
 the mean time to pay the damage out of the Eftate of the 
 Delinquent : and if that were not fufHcient, then out of their 
 own Ertate ••> but if the delinquents Eftate was fufficient, the 
 furpluffage thereof, remained with the pledges. And laftly, the ' 
 
 Mailer 
 
^^. SAXONS, 71 
 
 Maftcrof the Family was a pledge for his whole Family. This ^1- E^^^^'- 
 was the Law of Deccnners, and rr.ay feem to be fomcwhat ^ l1^'^* 
 rigorous Law, not only in cafe of delinquency, butalfo for their 
 abode, for none of them might depart from their dwelling 
 without confent of his fellow pledges, nor out of the County LI. Alured 
 without allowance ot the Sheriif, or other Govcrnoiir of the cap. ^5. 
 fame^ And if any controverlle arofe between the pledges, the Ll.Canur.p.i. 
 ch[efpledgeby themcholen) called alfo the Dean or Headbur- "^* ^^' 
 rough may determine the fame -, but this held only in matters t i f^.v . , 
 of lighter conlequence. 
 
 CHAP XXVIL 
 
 i^,,flf^F-^rAfichefis: /tfidfirfl of the Church Yranches. 
 
 E have hitherto trode in the rode- way of the govern- 
 ,^ ^ rnent of the Common-wc'al : but private regards 
 ,;.,-i ^,.^ have nia4e by-paths, which we muit trace, orelfe 
 the footfteps in many particulars will remain unknown. Thefe 
 are called Exemptions, but more ordinarily Franchefes, from 
 which fcarceany part of the Kingdom remained free i and ate 
 ■to- be confideied, either in, regard of the place or perfbn. In 
 ' the latter I'intend that of the Church-men, whofe Perfons and 
 Eftates in many particulars were exempted from the civil 
 power of this Kingdom. Their perfons devotedto a peculiar 
 work, they,)vowld have to be under a peculiar Law, called the 
 Canon Law i Avhjch at.the Hrft extended only to their own 
 \>^i(oT\s->znd. t\\d.t only pro reformatione momm : for fo an Arch- 
 bifliop tells us, that it did, teach quomodoCanonkiideft regulares ^""^^'i" '^^'^* 
 Clerici vivsve dehent ■■, but. when it grew to its full charge it gave ^' ^^ ' 
 a louder rz^on^^icHnqueali^ciuid tenueritvel infundoEcclefi£ LI.Edw.Coai 
 manfio/tem {{3/i^Kcrif epctra juiriam Ecclefia(iicam '.non flacitabit 
 fjuamviiforis'fecerit.. And thus as Churchrground increafcd'by 
 the blind charity of thofe times, fo long Church-men multipli- 
 ed, and, the Canon inlarged from the perfons ofregularstoall 
 pcrgy^ra^n^^od fygm^hem to their Tenants and Neighbours , 
 .i/. i'-.' from- 
 
72 SAXONS, 
 
 from thence to certain Spiritual or Eccleliaftical crimes or fcan- 
 dals, wherever they were found, and wherever it touched, it 
 took and bound by Excommunication, and upon fignificavh, 
 Ll.Edw.cap.?. being firft delivered to Satan , they delivered him over to 
 the lentence of the Law,-to be imprifoned. If the offender be 
 out of reach by the fpace of thirty and one daies, he is out- 
 lawed i fo as there's no way left to efcape the Church fury. 
 
 CHAR XXVIII. 
 
 Ofthefecond F ranches called the Marches, 
 
 FRanchifes of the place were fuch as were limitted withia 
 precinds of place, and annexed thereto i and of this fort 
 lirft were thofe of the borders?of which thofe are the moft 
 ancient that bordered the Britons^ now called the marches of 
 Wales ^ in which was a peculiar governmentj fo far as concerned 
 adminiftration of juftice i for otherwife the fubjc6ts each of 
 them fubmitted themfelves to the fervice of their own Prince. 
 This was therefore a third, different, and mixt government, a4 
 greed upon joyntly between the Britons and Saxons^ who after 
 a long and burdenfojne war, wherein both peoples were well 
 wearied, by degrees became Friends, entered traffick, and intp^ 
 the ftridteft focieties by Marriage. Thus finding the fweetnefs- 
 of peace, they provide againft future occafions of ftrife that 
 might arife in commerce by the juftlingoftwo Laws together, 
 and agree in one Law> and upon a certain number of Judges e- 
 ledled by common confent, who were to fee to the execution of 
 f hefe Laws as joynt AfTefTors. From thefe as I conceive, arofe 
 thofe which are now called the Lords marchers, and were at the 
 firfl: twelve in number, viz, fix Saxons and fix Britons. It feem- 
 Ll. ^theld. eth this form of government was firfl inflituted by JEtheldred^ 
 cap. 3- and by way of prefcription or cufiom, continueth till this day :' 
 
 and as it was the birth of truce, fo for the future became both 
 Mother and Nurfe of peace between thofe two peoples, like the 
 twi- light between the day and night, until both were brought' 
 under one head, and by divine providence fetled in a lafling 
 day. CHAP. 
 
SJXONS. 73 
 
 CHAP. XXIX. 
 
 of Coufity Palatines. ' ^ 
 
 OF the fame fort of Franchcfes were thefe which are called 
 County-Palatines, which were certain parcels of the 
 Kingdom alTigncd to fomc particular perfon, and their 
 fucceffors, with royal power therein toqxecuteall Lawsefta- 
 blifhed, in nature of a Province holden of the Imperial Crown : 
 and therefore the Kings Writ pafled not within the precindt 
 no more than in the Marches. Thcfe were occafioned from 
 the courage of the Inhabitants that ftoutly defended their liber- 
 ties againll: the ufurping power of thofe greater Kings that en- 
 deavoured to have the Dominion over the whole Heptarchy, 
 and not being eaiily overcome, were admitted into compoii- 
 tion of tributaries i and therefore are fo.md very ancient : for 
 y/Z/i-fi/putoneof his Judges to death forpalTing Sentence upon 
 a Malcfador, for an oflfence done in a place where the Kings 
 Writ paiTed not ; and the fame ARthor reciting another exam- ^-ii■or. cjp.' f; 
 pie of his juftice again^} another of his Jullices, for putting one ^^''^• 
 to death without preid^t, rendreth the Kings reafon,for that 
 the King and his CommilFioners ought to determine fuchcafesi 
 excepting thofe Lords , in whofe precindt (he Kings Writ 
 palTeth not. 
 
 I. 
 
 CHAP. XXX. 
 
 Of fratjckefes of the rcrfoft. 
 
 FPvanchefes of the perfon are fuch liberties annexed unto the 
 the perfon as are not abfolute Lordfliips, but only tend- 
 ing thereto, and limited within a Prccind, but not an- 
 nexed thereto:and thefe are matters of profit rather than power> 
 ZS thokoiBury St. Edmondfj VoJicajier J T>o)'cheJier-iCircejier\ all Miror. cap 
 
 M which 
 
74 • SAXONS. 
 
 which were in the Saxon times: and thefe or fome of them 
 I^fangtheof. had juridical power in cafes of Felonies and Robberies ariling 
 within that precind, fo as the delinquent was both inhabitant 
 and taken within the fame i this was called Infaugtheoff^ and if 
 upon fredi purfuit made by the right owner or poireilbr, the 
 Delinquent was taken with the prey in his poffclTion, or as the 
 LI. Edw. qIJ Dialed is Handbahsn Backbearend i Then was he carried 
 cap. ^6. immediately before the Coroner of that liberty^and the Sakebcr 
 
 or party wronged, made his proof by Witneffes i and there- 
 upon judgment forthwith palTed without anfwer, and execu- 
 tion immediately cnfued. Some Liberties had Outfangtheoff^ 
 OutfoKg- that is, the trial and forfeiture of fuch Delinquents, being no 
 Eft n I"l^abitants, and yet taken within the liberty, or Inhabitants, • 
 traa.°"cap.*2^-* ^"*^ "^^ tdkG.n within the liberties j but this trial was alwaies 
 BritoD!cap.i5^ ^Y J"ry« The antiquity of thefe Liberties are not obfcurely 
 I r J manifefted in their names, and more clearly by the Saxon Laws 
 
 cap. 21? ^"^ ^^^ » '^^'^ i^^ obferved oi Alfred^ that he feifed a Tranches 
 
 o{ Infangthecffj becaufe the Lord of that Tranches would not 
 Miror. cap. y. fend a Felon Ctaken within his liberty for a Felony committed i" 
 Sear. without the fame) to the Goale of tke County, as he ought to 
 
 have done. Other Liberties there were granted alfo by Char- 
 ter i a taft whereof may befeeninone grant made by King 
 Edgar^ to the Monaftery of Glafienbury^ wherein was granted 
 Sack^^ Hamfock}ie^ Friderbrece, Forfiel, T'eme^ Flemone^ Ferdre^ 
 Hundred Setene, Socl^^ 7holI^ Ad£^ Horda^ Bufan Order an , Bene- 
 Orderan, the particular natures of each may be obferved in the . 
 Gloffaries ■> All of them being allowed to the Crown by the 
 Law, and by the advice of the Council of Lords granted over 
 to thefe Grantees in nature of Deputies to the King, to poffels. 
 both the power and profit thereto belonging. 
 
 CHAR 
 
SAXONS. .75 
 
 CHAP. XXXL 
 
 of Ma.fiors, 
 
 NEvcrthelefs moft of thefc liberties, if not all of them were 
 many times granted by Kings as appendcnt to Manors i 
 which were Franchefes of fma^ler circuit, being at the 
 firft portions of ground granted to fome particular perfons> 
 and by them fubdivided and granted over to particular per- 
 fons to hold off the Gran'ors by Rents, Services? and fuit to 
 one Court, all being no other than the fpoiles of wa-, and 
 rewards of valour, or other fervice. Thefe in their colledive 
 nature are called a Manor, and by continuance of time become 
 a kind cf body politick. In antiquity its called M^nfum 
 from the Manfion-houfe, although it is not of the Effencc of 
 a Manor, nor ought the words of Bradon to be condrued ac- Eradton. 
 cording to the literal fenfe i for the houfe may be deftroycd, fo. m! 
 and yet the Manor continue •, and the ground was granted in 
 tenure before any hou{e built thereupon. The quantity of the 
 ground thus given to hold by Service, was according to the 
 pleafureof the Lord moreorlefs, and therefore might extend 
 into divers Parilhes, as on the other part one Town might 
 comprehend divers Manors. The Eftate that was granted de- Fleta.lib. 4. 
 pended partly on the condition of the Grantee : for fome cap. 15. 
 wctefervi or Bond-men, and their Elhte was altogether at the 
 will of the Lord, aswasalfo the benefits but the Servants 
 merit, -and the Lords benignity concurring with fome Con- 
 fcience of P^eligion, as the light grew more clear, abated the 
 rigour of the tenure into that which we now call Copyhold. 
 Other Eftates were made to the Free-men, which in the hrft 
 times were only for years, albeit therein they were not nig- 
 gardly, for they flicked not at Leafes for a hundred years , yet Insu'fus 
 with a render of rent, which in thofe daics was of Corn or ^'°^^' 
 other Vidual i and thence the Leafes fo made were called 
 Fforwfx, or Farmes, which word figniheth Viduals ; But times 
 enfuing, turned the Victual into Money, and terms of years 
 
 M 2 to 
 
-jG 
 
 S AXONS, 
 
 Gloff. I 58. 
 Ll. Saxon. 16, 
 17. Lamb. 
 Gloir. 548. 
 Ll.Canur. p.i. 
 cjp. dp. 
 
 Knight- 
 fervicer 
 
 to terms of life and inheritance, retaining the rents, and thofe 
 called Quit rents , or the rents of thofe perfons that are acquit- 
 ted or free. But in cafe of eftates of inheritance for the mod 
 part after the death of the Tenants were referved Heriots or 
 a relief : which were not left to the will of the Lord, but was 
 put in certainty, in the very letter of the Law : for according 
 to each mans degree, fuch was his relief or heriot. 
 
 But over and above all, they referved fpecial fervice to be 
 done by the perfon of th(f Tenant, or fome other by his pro- 
 curement, ot which thofe that were their fervi or villains were 
 at the will of the Lord .• others had their particular fervice fee 
 down in their grants. Thefe concerned either War or Peace > 
 the former was afterwards called the fervice of the Knight or 
 Souldier i the latter the fervice of the Husbandman or Plough. 
 That of the Souldier was the more honourable , and fuitable 
 to the old'German trade \ Tigmm & mers videturfudore acqui- 
 rere quod pojffs fanguine far are : and the- work was to defend 
 the Kingdom , the Lords perfon and Honour •• and to this end 
 he was ever to have his weapons inreadinefs, which gave 
 name to the fervice, and altered as times and cufioms changed. 
 This fervice by cudom from a work degenerated into the bare 
 Title, and became a dignity-, and the men named, or ra- 
 ther entituled Milites : and many of the Saxon Charters were 
 atteftcd by men bearing that Title \ yet the fervice it felf was 
 far more ancient, and cdXlcA fervicium loric£, of which fort 
 alfo were the Cujlodef pagani that wore a Helmet , a coat of 
 Mail, and a guilt Sword : not unlike the old German way of 
 calling forth of their lirones to the War. Of this rank fome 
 were more eminent than others '■, for fome bare the fingle title -^ 
 of Knight, anditfeemed ferved on foot; others ferved on 
 . horfeback, and were called Rad-knights, or Knights riders, as- 
 Selden. Spicil. g^^^^^^^ noteth i and thefe I take to be the Vavafours , noted in" 
 the Conquerours Laws : for that their relief is a Helmet , a 
 Coat of Mail , a Shield, a Spear, and a horfe. Now for the 
 maintaining of this fervice, They had Lands and Tenements 
 called Knights Fees, which bound the own^r to that fervice, 
 into whole hands foever they came, to be done either by 
 the perfon of the ovyner or other fit perfon by him procured , 
 
 and. 
 
 Tacitus. 
 
SAXONS. 
 
 77 
 
 and therefore were difcharged from the payment of all Taxes Co. Litlet. 75. 
 andTollage, which was theLaw of the G^//7j- of o'd, and re- ^^^'■"^• 
 mains in Sweden at this day. The number of thcfc Fees much 
 increafed, fo as in the Conquerours time they were above h'xty 
 thoufand, which was a mighty body for a fmall Illand , and 
 brought much honour to the Nation. 
 
 But the profit arofe from beneath, I mean from the foccaee Socca^s 
 tenure or fervice of the Plough, which in the iirft times w'as tenure. 
 performed by thofe that were unfit for the fervice of the wars, 
 either being green and young, or decrepit and aged ■•> and fome- 
 times by the Women. But after that the Saxon conquelt was ^'^^'^"''^ 
 at a (lop, and that no more was to be gotten by blood, men 
 endeavoured to fatisfie their delires by fweat, and turned their 
 Swords into Plough-fliarcs \ and- thus the Husbandry increafed 
 exceedingly* and hath proved the be/i Pillar of the Common- 
 vyeal : the nature of this tenure is fully fet out by the Reporter^ 
 nor can I add theretOimore than the Law of the ConfefTor con- 
 corning thefe men, t^i'2;. that no man might trouble them, but ^°-^'^'^' f"-'- 
 f Jr their Rent, nor any Lord thrult them out of their Farm, fo Li.Edw. c.j?,' 
 long as they do their fervice i and thus it appeareth that the bpicekg. 
 fervice became in nature of aconditionfubfequent,begettin^^ an Ll.Edw.c.3,!,. 
 increafer of the Eftate, which by continuance wrought an in-. 
 Iieritance, and fo the Title of Entry was turned wholly into di- 
 flreflcs for fervice not performed i yet the Lord was no loafer 
 thereby, folong as Heriots, Rents, and Services accrcwed untO' 
 hini. 
 
 CHAP. xxxn. 
 
 of Courts incident and united unto Manors, 
 
 BY grants made by Lords unto Tenants already noted, the 
 Lords had pQW^r-by common right to call their Tenants 
 before them, and enquire concerning their payment of P^ents,. 
 and performance of fervice, which became Courts of conftanc. 
 appointment : of which fort th£re were two, one for the Free- • 
 njen^ the other, fot the Bond-men i and this brought forth an-- 
 
 other 
 
78 
 
 > - 
 
 Court'leet. 
 
 Mirer, p. 17- 
 Lind. glo\T. 
 Albin.hifl:. 
 Saxcn. p.7i. 
 
 F.N.Br. I. 
 
 ■pUdge, 
 
 Miror. cap. 
 Sec I. 
 
 Cottrt-Biron, 
 
 S A X 0-N S. 
 
 other fervice, which we call fuit of Court. The Court of Free- 
 men was holdcn from three Weeks to three weeks, wherein 
 the Free men, as in the Hundred and County^were Judges of 
 the fa<ft, and from them named, CkS at this day , Court-leet , or 
 the Court of the Liti, of (uch as are manumitted or Free-men. 
 In this Courc all Adionsor Suits between the Free-men of the 
 fame Manor, and within the fame ariling, were determined i 
 nor cculd any Ccurt (no not the Kings ) intermeddle with 
 fuch Suits before trial hadi but by the Lords allowance : And 
 upon this priviledge the Writ of right patent was grounded. 
 But the full nature of this Court is not within my intention, 
 but I mull refer the Reader to the Law-books. For it was- the • 
 leaft part of tJie work and power which this Court obtained by 
 continuance of time, in regard that manors exceedingly mul- 
 tiplied, fo as no part of the Land was left free i and many one 
 of them extended into divers Decennaries, tlve Lords obtained 
 great power over them, and had of Kings gr<[nts of view of 
 Frankpledge within their feveralLordfhipsi and further power 
 of inquiry, and punifhing of matters of publick nufance, and 
 fuch as were contra pacem & coronam \ which by cuftom be- 
 came annexed unto the Court-leet. The nufences of Copy- 
 holds being done to di(hcrifon of the Lord ^ and not pi?op€r 
 for the Court of publick inquiry. The ]udgof thisCdUrt- 
 leet was the Lord, or his Steward, for the directory part i and 
 the Steward was properly Coroner within the Manor to take ^ 
 prefentments, and certihe them to the Coroner of the Countyi* 
 And thus this Court fwallowed up much of the power of the 
 Decenners Court in the very infancy, fo as we find no foot-ileps 
 of any Writ of Right' to tlicDecenners or chief pledges 5 but 
 contrary wife many views of Frank pledge granted to particular 
 perfons in thQtXmtoi Alfred: and 'many things done by (he 
 5- chief pledges in the Courts of thefe Manors, as is to be yet feen 
 in many ancient Court Rols. ■ • - ' ':.\ 
 
 The other Court, which by common I'ight belonged to th^ 
 Lords of Mannors, was that of the Copy-holders, called at 
 rather included under the name of the Court Baron, which 
 albeit it is called in the ordinarily ftile Cwri^ Baronum^ yet not 
 fo properly as I conceive, and it may be by way of miikke for 
 
 BaroHii 
 
SAXONS, 79 
 
 -V - 
 
 Baronii : for if it were fo properly united formerly to the Court Co. Indiq. 
 of Free-men:, as ah exceUentiori^ it alwaies pafled under that "P'57' 
 name i yet when that Court is omitted and dipt out of the way, 
 the Court of Copy-holders that remaincth, improperlv>etain- 
 eth the name of that which is gone. This Court afthe hrll 
 was intended only for the Lords bcneht, and for the Tenants 
 right, as fubfervient thereunto i 1 fay the Tenants right, not a- 
 gainft their Lord, for they had no right againfthim, but againft 
 any other they had protection ot Law, both for themfelves and 
 their Eftates > and as I faid before, by cuflom, or rather light 
 of Religion, their perfons and Efiates were confidcrable, even 
 I by the Lords themfelves, which alfo caufcd a Law to be made 
 Ht fic defuii hominibm agant quatetius erga Venm reatum jwnin- LI. Edw. 
 currant & Regem mn offend jnt : which law could never be in- 
 tended of the Free-holders i for it had been a vain redundancy 
 to have made an efpecial Law for that, which was provided for 
 by the known fundamental Law of the Kingdom, againfi: 
 which a fpctdy remedy lay by the Kings Writ. "And that thefe 
 men, how mean foever, had even in thofe daies a kind of pro- 
 perty both in L^nds and goods i for the Laws, though by their 
 antick language darkned, yet plainly fpeak de terra fita& Ca- Se\Atx\.S^'c''. 
 tallis ejus i and if the ancient Germans were fo generous to their 184. cap. 53. 
 Bond-men, furely much lather after their coming into this 
 lllandjin as much as their fervice was more, and more neceflary 
 in agriculture^ which could never be performed by the Natives, 
 who were not in thcirown perfons conquered, although their 
 X/and was. • 
 
 CHAP. XXXIIL 
 
 Of Tojvfjfiips and their Marksts. 
 
 THe next Franchefe is that of Towns \ this was taken up as 
 a birth of war and nurfc of peace \ for their Anceftors 
 liked not to dwell in crowds^ ne pati quidem inter fe 
 jtmdatfeden it being their trade or gaftimejo war upon bealts, "^^c,'"*^- 
 
 when. 
 
 ^A 
 
'8o SAXONS. 
 
 when they found no Enemies amongft them. This folitudi 
 narycuftom cculcl not be foon Ihaken off, and might well cc- 
 cafion multitudes of Towns in thofe times (though fmall ones 
 doubtlcfsj that writers fpcak of^ if true it be? thatafter the 
 wjfiing times of the Vanes and Normans in the Conquerours 
 tiiije were found in England torty-hve thoufand Parillies ? and 
 lixty-two.thoufand Villages. Nor was peace lefs beneficial to 
 them than they careful of it s for by continuance of Peace, Hus- 
 bandry, Manibdures, and Commerce occafioned people to ga- 
 ther to places commiodious for habitation in good foil, nigh Na- 
 vigable P\ivers or Havens, and according to their fcituation and 
 ■ trade, fo they fwelled in multitude or decayed, fome of whom 
 growing more eminent than others, more care was had of 
 their government and fafety •» for the latter by building of 
 Walls and Caftlcs j and for the former by fetling a Magiftra- 
 cy peculiar to that place or Townfhipi not as fo many De- 
 cenners, but as one body conjirting of many members i and 
 thus by cullom they grew to b£ Fraternities, or Corporations 
 under one Magilkate or head, whom they called Aldermen > 
 and held a Court of Jullice ( at the firfl: holdcn twice a year ) 
 which was in nature of a Leet with a view of "Frank pledge, as 
 may appear in the cafes of Vorcejier, Circeter , and Doncajier , 
 L'.Car.ur.c44. jn Alfreds time j and herewith they had publique markets 
 Miron rap. 5. y^hjch f^rved them' for their better covenienccs 
 MaYhts. '^'"''s priviledge of Market was a liberty of publique fale and^ 
 
 trade in commodities that principally concern the belly, but by 
 common courfe became a pafs for commodities of everykind 
 almoll. Concerning this liberty I fiiall defire leave to inter- ' 
 pofe this parentheiis enfuing before X- proceed in- the intended ' 
 difcourfe. 
 
 In the Hrft times as every man by common right had pro- 
 perty in his own goods, fo by the fame right he had power 
 to alien to any perfon, at any time, in any place, by gift, 
 fale, exchange, or other waies j and that by fuch alienation, 
 but efpecially by f4e a right was veited in the buyer agairift all 
 tJ^aA /»^, men ( faving the Eignee right which was recompenced upon 
 t^jid-^^J-S-^ warranty and recovery in value) and in thofe daies common 
 fenfe taught men to buy or fell, of or to the ncj^t neighbour 
 
 that 
 
SAXONS. g| 
 
 that would bargain with them • and for want of fuch occafi- 
 on to repair to the next alTembly , meeting , or concourfe of 
 people , for the fale of fuch commodities as their neighbour- 
 hood would not take off their hands. And thus the greater 
 Towns that had walls or Caftles became the greateft Markets , 
 and others lefs j and this made the neighbourhood of thofc 
 Towns to repair thither to buyj as others to fell. But time 
 difcovering a double inconvenience herein, viz, that by thefe 
 lefs publiquefales in fmaller Villages, where little or no care 
 of right or juftice was had ( and by which means the word 
 Pagan became a word of reproach ) many mens goods by clan- 
 deltine contracts were loll;, and no care had of their recovery a 
 and ( which was yet more prejudicial to the publique ) that 
 the greater Towns appointed for the ftrength and defence of 
 the Kingdom became ill provided with fupply of Vidual , 
 either for the prefent or future i and what was had, for the moft 
 part was gotten at the fecond hand, and higher rate than the 
 Countrey Villages had. The wife men by publique edid laid 
 a reftraint of Markets in fmaller Villages , and more private 
 places > and thus the greater Towns having Markets for- 
 merly became more publique Markets , not by any new right 
 or priviledge from the Crown ( for it neither had fuch power 
 nor could have , but upon ufurpation ) againft the common 
 right of fuch Towns and places of publique defence. This 
 reltraint upon the reafons aforefaid , was made firft in the 
 Saxon times^zs may appear by their Laws, but more clearly 
 declared and conHrmed afterwards by the Laws of the Nor- 
 mans , which never gave any new right of Market overt unto 
 thofe places of publique defence , but only did inhibit the 
 fame in the fmaller Villages and private places. In which re- 
 fpcd although the Kings of this Nation in future times took 
 leave to aboli(h that reftraint which did lie upon fome of thofe 
 more private places for certain reafons of State i and fo thefe 
 places became Markets overt which formerly were none i yet 
 could they never take away that priviledge which nature it 
 felf calt upon thofe greater Towns being the very limbs of the 
 Kingdom without wrong done to the common right and 
 the publique good - nor abridg them of that power, but that 
 
 N they 
 
82 SJXONS, 
 
 they might ftill ufe their liberty at times and places within their 
 precin(^,as might beft conduce with the benefit of thfe inhabi- 
 tants of thofe places, even as any particular free man may go- 
 vern his own eftate as him liketh bett And thus upon the whole 
 matter its to be concluded, that the ancient Burroughs of this 
 Kingdom properly do not hold their liberty of Market overt by 
 prefcription or Charter i but by common right, and not as a 
 Corporation made by Charter h but as they are a multitude of 
 people anciently gathered together and united, upon whom the 
 flrcngth and wealth of the Kingdom doth or did formerly 
 ir.uch more depend than on any of the fmaller Villages and open 
 Towns jeven as every free man poffeffeth and ufeth his proper 
 inheritance and efcate without particular priviledg derived from 
 the Crown : nor can the King take away the liberty of Market 
 overt from fuch places, more than he can take away the liberty 
 of buying and felling from any free man > to whom the Law 
 allowetha liberty of ownerfhip. This I fubmit to the cenfure 
 of the learned in the Laws, in regard of the different opinions 
 concerning the fame. 
 
 This liberty of Townfliip thus made, and the place and peo-. 
 pie, inhabitants thereof being of fuch confequence in the pub- 
 lique adminiftration, had for their better fupport and fafety 
 l.l.Eflw.cap.i. hberty of tortification, and power to charge one another with 
 LI. i?lthelft. the maintenance of the Fortiiications by an impofition called 
 cap. !!. Burghbote, and held their Tenements under a rent to their 
 g3*p^ -^ eiofs. ^^^^ ^^ ^^"S called Burgage, as they were a body aggregate^ 
 
 CHAP. XXXIV. > 
 
 CftheFoneJii, 
 
 Efides other prerogatives of thf Saxon Kings ^ they had 
 alfo a Franchife for wild beails for the Chafe, which wc 
 commonly call Forrefi;, being a precinft of ground neither 
 parcel of the County^nor the Diocefsv nor of the Kingdom ,. 
 
 but 
 
 B 
 
SAXO-NS. 83 
 
 but rather appendant thereunto. This favoured of" the old 
 Gfrwj/f fport , but by cuiiom turned from fport to earnc(?. 
 For although in the firlt times the Saxons were fo kw^ and the 
 Country fo fpacious , that they might allow the beads their 
 farmas well as themfeives their own v People neverthclefs fo 
 multiplied, as of neceffity they muft intercommon either with 
 Bcafts or Fifhes ; the former whereof , however more cleanly, 
 yet the latter had the furell footing , and was chofen as the 
 leaft of two evils, rather than for any likelihood of good neigh- 
 bourhood: for as nature taught Beafts to prey for themfelves 
 fo men to defend their own i and this bred fuch a fewd between 
 B^aftsand men, as that Kings doubting to lo|fe their game, 
 took in with the weaker j that the world might fee the happi- 
 nefs of England^ where Beafls enjoy their liberty as well as 
 men. But this was, as it were, by compromife i for it had been 
 very hard to have plealed the freemen, who had liberty of game 
 within their own ground by common right , and to preferve Ll.Canuc c " 
 theKingsIiberty of Forreft coincident therewith, had not the ' ^^' 
 
 King imployed on the one lide the power of a Vane that look- 
 ed fomewhat like a Conquerour, and on the other lidvC that 
 which looked as like to the bounty of a King, in allowing li- 
 berty of ownerfhip to men inhabiting within the bounds of the 
 Forrell:, which at the hrlt was fet apart only for the Kings 
 pleafure : and all his wits to make a Law fomewhat fiiort of 
 a full freedom, and yet outreaching that of bondage , which 
 we fince have commended topofterity under the Forreft Char- 
 ter •-> and yet for all that it proved a hard matter for Kings to 
 hunt by Law i and the Law it felf a yoke fomewhat too heavy 
 • for a Common-wealth to bear in old age, if fclfdcnying Maje^w 
 Ihall pleafe to take it away. ^ ^ 
 
 N 2 CHAP. 
 
84 SAXONS. 
 
 T] 
 ! 
 
 CHAP. XXXV. 
 
 Coftcerning JiicJges in Courts ofJi*fiice, 
 
 'Hus far of the feveral Tribes and numbers of this Com- 
 mon-weal, which like fo many Conduit heads derived 
 the influence of Government through the whole body of 
 this Ifland j and in every of which Judiciary power aded it 
 felf in all caufes ariling within the verge of that precind i fome 
 of which had more extraordinary trial before the King and his 
 Council of Lords according as the parties concerned were of 
 greater degree , or the caufe of more publique concernment. 
 Examples hereof are the cafes between the Bilhop of Wincbejler 
 and Leoftin in JEtheldreds time i and between the two Bifhops 
 of WinchejUr and Durham , in Edwards time : but cuftom 
 made this Court n^oop to fmaller game in later times, and to 
 reach at the pra<flice of the County Court > by fending the 
 Kings Writs to remove certain caufes from the cognifancc 
 Cljnvil lib. c. q{ thofe rural judicatories to their fublime determination. And 
 cap. 6. 7,8. ^yj became the Council of Lords as an Oracle to the whole 
 Nation, and the King amongft the red, as the Erieft that many 
 times rendred the anfwer or fentence of that Oracle, in his own 
 (cnfe, and had it confirmed to him by an Odith fe judicium reSi" 
 um in ^egfio fa&nrum &- JHlUtiartpper concilium p'ocerum regui • 
 fui tenturum i fo as, though he was the firll in view , yet the 
 CouncilJCof Lords was the tirft in nature, and the Cynofurc 
 to dired his tongue and actions. 
 
 From this Fountain ilTued alfo ftr-eams of judicature into all 
 parts by Judges itinerant under the Kings CommilTion to reform , 
 MTor. cap. 5. errors , punifh defaults in the ordinary rural judicatories , and-. 
 Sec. .&cap.i'. tadilTolve hard and knotty cafes i and thefe were occalioned at 
 Sec. J, the inftance of the party ; and Alfred fwhofe birth this wasj 
 
 fent them forth in way of Affociation with the Sheriff, Lordi 
 of thefee^ or other ordinary Magiftrate. . 
 
 CHAP. 
 
 Ll.Edvv.ca.id. 
 
S A X N Ss 85 
 
 CHAP XXX vr. 
 
 of the proceeding in Judicature by Indi^ment^ Appealy 
 Frefentmenty and A3^ion, 
 
 FOr the preceedlngs in courfe the Saxons were wont' to 
 begin with matters belonging to the Church , and after- 
 ward to fecular caufes i in which if tlie matters were criminall 
 the mofl: ancient way of proceeding was by appeal of the party 
 complainings but afterward in cafes that concerned damage-, 
 injury , or violence done to the body of a man or his 
 cftate , the Ring was found to be therein prejudiced , bcfides 
 the prejudice immediatetly done to the Subje(ft i for a man di{- 
 abledin body or eftate isdifablcd to fcrvc the King and pub- 
 liquei and upon this ground a way was found out to puni(h JudiCtnifnt. 
 the oifender by indidment , belides the fatisfadion done to 
 the party wronged. The proceedings againftfuch delinquents 
 were by attachment of the party, who thereupon gave pledges L?"jfr"' 
 for his appearance. If the party could not be found, a />/^^w " * ^* 
 fecit was returned, and that was a convidlion in Law, and 
 purfuit was made after the party by hue and cry. If he was 
 thereby taken, the ancient way was that of Halifax Law \ but 
 in latter times he was imprifoncd , or admitted to bail if the r. » 
 offences were bailable? and if the party bailed made default , fo.* 7. ' 
 or did not abide the trial, his bail fuffercd as principal ; If L. Mured, 
 no bail could be procured, the delinquent wjs imprifoned "P* ^' 
 till he was legally acquitted \ but this imprifonment was only J!'"'''"* ^ *' 
 in nature of re(]rai^^t. If the delinquent was found upon the l,i.Edw."cap.4.- 
 huy and cry , and would not yield himfcif , he was in repute Miror. p. 155. 
 acommon enemy, and (as a wolf) any man might kill him i ^'."^*- 35 5' 
 as the Law was alfo the fame in cafe of 11 tiary. At the timeof ^"""''* "P- 5- 
 tryal ( if at the Kings fuit; the delinquent was indided in u Edw.can^7. 
 this manner by any party prefent ; I. V. C. d,) fay for theKim^ LI. Ca-uc, 
 that I. S. is dsfamed by ^ood men ■•, that be upon — day of— /^c.^^? ^5- 
 into the houfe and goods of— did cajl fire^ and the fame did burn : ^ ^^^^, ^''^' ^ ' 
 
 OJ. 
 
86 SAXONS. 
 
 or (if it were for bloodfiicd) tvith a Srvorddidjiri}{e andvpound 
 
 him in the left arm^ and that tlris n>as donefeloniofly , or f if the 
 
 cafe required ) truyteroHfy •, and if I. S. depy thefame^ I rvill 
 
 for the King -prove the matter aq^aiUji'him^ as the King ought to doy 
 
 Appeil. ^^^"^^ '^ ^^ ^"^^^ ^y witnefTcSjand tvvelye men. But if the complaints 
 
 Miror! cap. i. '^^^^ at the fuit of the party, then the profccutor fued him upon 
 
 Sec. 15. Appeal, in manner following > I.C.appealeth I). H. here pre- 
 
 fent^for that E. Father^ Brother^ Son^ or Vncle ( according as the 
 
 cafe was } fo J.C. being in the peace of Cod, and cf our Soverai^n 
 
 -Lord the King at the da>elling boufe of E. at — &c.tbefaidI)..H. 
 
 upon the — day of- — in the — year of —with a Srvord made a 
 
 •jvoftnd oftxyo inches long, and fix inches deep in the left pap of the 
 
 body of the faid E. whereof he died; and this rvas donefeloniofly^ 
 
 and uf malice forethought. And if thefaid D.H. Jhall deny the fame, 
 
 thefaidl. C. is ready to prove the fame againji him in his body^ or 
 
 as a Monk^t woman, or Clerh^, behooveth t« prove the fame ^ that isf, 
 
 by Champion i forneither Monk, Woman, nor Clerk was by 
 
 Lawto juditie by Battail in their own perfon. The feveral 
 
 caufes of appeal and indidtment may be found in the Law 
 
 books, to whom I refer the reader, it not being within the 
 
 compafs of this difcourfe to fall upon the. particulars i I (hall 
 
 only obferve the difference between indidmens former and 
 
 later , and between them and appeals , viz. that appeals are 
 
 pofitive accufations in the name of the profccutor of the h6t ■ 
 
 done by the party appealed j whereas indi^ftments were only a 
 
 publication or affirmation of the feme of a fad: done by the 
 
 party indided , and wherein not guilty pleaded > ferved 
 
 only as in nature of a Qoere, to ulher in the votes of the free 
 
 men. 
 
 Concerning the fad^fecondly^ the difference between former 
 Indidment from thcfe in thefe days, confifts in this, that 
 the ancient Indidments were in the name of one man '•> thofe of 
 the later fort are in the name of the Jury, and the former were 
 only of a fame, the later of the fact. 
 
 A third way of bringing controverfies unto judgment con- 
 Miror cap. a. j^^^jjgj Qn]y fuch matters as were oflefs confequence i and 
 TreCentmsKt, ^^^'^^ ^^^^ introduced by way of prefentment , in the name or 
 ' * behalf of the King, in nature of poiitive accufe of one for a , 
 
 crime 
 
S J X N S. 87 
 
 ctime Hrft laid down generally, and then afierted by a parti- 
 cular fa(^, in this maflner-i /Ay, f(fr our SoDeraign Lord the 
 King^ that H. here isperjttred , and hath broken faith again{i the 
 King^ becaufe vfiheteas H. is or rvas Chancfllor of the King^ and 
 mnfirorn that he vponld not fell right, or any remedial Jf'^rit to any 
 one : yet upon the — day of —&c. he fold to B. a fp^it of Attaint^ 
 and would not grant the fame under half a Mark^'i fo as the dif- 
 ference between an Indid^ment and Prefentment in thofc days 
 was only in the degree of crime for which the party delinquent 
 wasaccufed, and in the manner of conclulion of the Prefent- 
 ment, which was without averment. 
 
 The laft way of trials concerns fuch offences that exceed not 
 the nati3e of trefpafs done to a mans perfon or his goods i ^. 
 andthis was by wayof Adlion , and it was to obtain recom- s.-c. 24" 
 pence for damage fultaincd. Now becaufe the former were Adion. 
 called perfonal trefpaffes the Proccfs was by attachment of 
 the perfon, who thereupon put in bail, or elfe his perfon was 
 fecured by imprifonment till trial, and fatisfadion made i but 
 in the later that concerned the reality , three Summons went ij. JPA^c\c^r, 
 forth in the Hundred Court ^ and if defjiuk were made, com- f^ap. ic. 
 plaint thereof enfucd in the'County Coun , and thence iffued Ll.Cimr r.ic. 
 forthadiftringas-, and if the defendant fiill pcrfiftcd in decli- .L^"^^"^"-. t.t, 
 ning his appearance, the diftrefs was forfeited, and a fummons ^ 
 ilTued upon the Land *, if then the defendant would not appear , 
 or upon appearance would not give pledges to. abide judg- 
 ment, his whole Land was feized for the benefit of the King, 
 the Lord of the Hundred , and complainant, becaufe he had 
 offended againfl all three. But if the party appeared in former 
 times, he anfwcred forthwith, and judgment pa ffed without 
 delay, as hath been faid > unleG in urgciit cafes , where, the 
 matter was raw, and then it was adjourned, and pledges given 
 by the defendant to the full value, after the cuicom of the A- 
 thenians i and if the defendant rr.ade default at the day, his ^'•E-^^^^'-^- '• 
 pledges were forfeited. But in after times for better and more 
 advifed protceding the defendant was admitted, to hi, Effoinesi 
 yet with a provifo , that no Ellbine fhould be allowed ^^• 
 tor above hfteen daiies '■> and this was the dired'^ion of Kine; ^"r^^i ^^^' ^' 
 Alfred, 
 
 In 
 
88 
 
 S A X N S. 
 
 Miror cap. 
 Sec. i6 
 
 Lindcnbr. 
 glofl. 
 
 Miror. cap. 
 ■Sec. I. 
 
 In the anfwer of the defendant he either traverfed the matter 
 in hd: , or confefled and juftihed, or confelTed and fubmitted. 
 The firft put the nrvatter to the judgment of the freemen i the 
 fccond to the judgment of the judge i the third to the difcre- 
 tion ^ of the complainant , whereby the defendant generally 
 found mercy , and in cafe oftrefpafs rcndrcd lefs dammage. 
 Ifind nofootfteps in thofe times of Dilatoryplcas ; or demur- 
 rer , or other delays, unlefs in cafe of infancy ; for the Saxons 
 knew no other age of ability to do or fuffer, but the age above 
 one and twenty years i and in Alfreds time a Judg fuffered 
 death for pailing fentence of death upon one under that age : 
 albeit the Canonifts had in thofe dales brought into cuftom o- 
 ther ages of ability in matters concerning marriage , although 
 it may well be thought that it requireth no lefs maturity to ma- 
 nage the affairs of a maried life, than to difcern the nature and 
 difference of manners , efpecially in cafe of crimes , which 
 are contrary the to very light of nature. 
 
 CHAP. XXXV IT. 
 
 of the feveral manners of extraordinary trial hj Torture, 
 OrdeaUy Compurgators and Battail, 
 
 Evidence of the matter infa(3:, upon trial of caufes in the 
 Saxon judicatory fometimes confifted in the pregnant te- 
 ^orture, ftimony of the fad it felf , and fometimes in the teftimony 
 of fome circumliances. The hrll: was an unqueftionable ground 
 of convidion j the fecond was too weak to command the 
 Verdid , although fometimes it perfwaded it s and therefor^e 
 thofe incompallionate times found out a trick of extorted 
 confeffion, by torture of the party, following the principles of 
 paflion therein, rather than fober judgment : for circumllances 
 are fufficient to irritate the hearts of thofe that are pallio- 
 •nate i and where jcaloub'e is once entered , there's no place for 
 .fparing^ be the matter never fo untrue: yet I do not find any 
 ^ Law amongrt the Saxons to patronize this falhion of convi- 
 
 £tion 
 
SAXONS. 
 
 89 
 
 €^ion, albeit it feemeth it was pradifed, for J}lfred the King 
 
 punished one of his Judges with death forpalTing fentence upon 
 
 an extorted confellion by torture before the Coroner i and ^^ir"r "p. 5.' 
 
 poffibly it might be gained from the Lacedemonians^ although 5."^* \ 
 
 little to the praife of their Greekiih wifdom in that particular. "^'"'* 
 
 Seeing that in all reafon it muH: be fuppofcd that fear and grief 
 
 will enforce flattery upon the tormentor, as well as felf love 
 
 draw forth flattery to the benefacftor. 
 
 Afecond fort ofl evidence was that of Ordeale, being alfo n j j 
 grounded upon a pre-conceit or fufpicion : the manner hereof 
 was divers. The thing fcemeth to be the birth of the brain of 
 fome Church-man who had read of the curfed water. The 
 firft mention that I And thereof ^was at the Council of hhnts , . - 
 and afterwards in the Council of T'r/fr/ , but not a footflep An! 89^! 
 thereof in this Kingdom till by ^tbeljian it was advanced 
 into the degree of a Law •> after which time it continued in ufe ^'- -^^'i^''^- 
 well nigh three hundred years. A llrange monument of ^t"' ^'j 
 Godsindulgency to an ignorant age thus turning extraordina- 
 ry to ordinary, for the clearing of innocency j and (which is 
 no lefs wonderful ) allowing in thofe times unto men under 
 nature fuch a power over themfelves , as to adventure again ft 
 nature. Doubtlefs that man or woman was of a daring Spirit 
 that firft tried the trick , if he had not a miraculous faith in 
 that promife , Cum ambulaveris per igttem &c. and it (hewed rr 
 metal in them that followed the example: but the next age ' ^ 
 grew dull , and men being weary of fuch bane touches , the 
 Clergy that cried it up, their fucceffors cried it down , and fo 
 devoured their own birth, without any difliculty, other than a 
 bareinjundionof a Kingthat had power to command only c j -j 5 i^en 
 fuch as would obey. 
 
 But where fame was yet more flight, and fpringing rather CompHri^- 
 from want of charity and mifapprehenfion than promillng ^g^^ 
 circumflances i men were wont to be contented with a voier 
 Vire^ Or the oath of the party fufpedled , and the concurrent 
 tcflimony of other men : the Hrft attefting his own innoccncy , 
 the other contesting their confciences of the truth of the for- 
 mer teflimony ■> and therefore were , and flillare called Com- 
 purgators : their number was more or lefs , and of greater or 
 
 O lefs 
 
^O SAXONS, 
 
 Icls value , according as the offence or the party fufpcCted wais 
 Ll.Edm. c.i5. of greater or kfs concernment. This manner of trial was of' 
 ancient ufc- , and both it and that Ordeale under the diredlory. 
 of the Clergy i yet this was the ancienter by three hundred ■ 
 An. <5"47. years, and Hrit brought into this Nation by the Council at\ 
 Berghamjled under 'Berttvald Archhitbop oi Canterbury, And 
 LI. Canur. it was performed fometimes more folemnly by folemn receiving 
 •^^r- 5' of the Eucharirt, efpecially if the perfon fufpeded was of th5 
 
 Battfl facrcd Fundion. 
 
 One manner of trial yet remains which was ufed both in trial 
 of matters of crime and title '•> and it is the trial by battail " 
 which was in criminal matters with (harp weapons, but in titu- 
 lary matters with blunt weapons. No defendant could refufe 
 battail offered, but fitch as were too ejicellent , as the King > 
 or too facred, as the Clergy '■> or too weak, as women* maim- 
 ed perfons, and children i or too infcient, as Ideots and Luha- 
 ticks i or too mean i as Villains. And as thefe were not ne- 
 celTitated to anfwer in battail, fo was no free man compelled 
 to anfwer them by battail. This way was an old way, as may 
 M?ror. cap. i. appear by the concluhon of appeals , and feemeth more fatiP ' 
 Sfc. 1 1., fadtory than that of Ordeale i becaufe this rerted upon the con^ 
 fciences both of Appellant and Defendant , whereas Ordeale 
 rcfled only upon the tingle confcience of the Defendant j. 
 which oftentimes was rather hardy than innocent. And the 
 continuance of this trial in title even at this day fhews that men • 
 can away with this , and that there is not evil fufficient in it to< 
 eradicate this weed j although it be kept under ground and-ex* ' 
 pericncc fhews, that right and vidory alwaics do not concur. 
 
 G H A r» 
 
 \ 
 
SAXONS. 91 
 
 CHAP xxxviir. 
 
 of the ordinary manner of trial amon^fi the Saxons by 
 
 Jnqtteji, 
 
 THelaft and mod: ordinary way of trial was by witncfTcs 
 Cupon travers of the matter in fad) before the Jurors, and /^^,^wf, 
 their votes thereupon : this made the Verdid:^ and it deter- 
 mined the matter in fad. In former time queftionlefs it was a 
 confufed manner of trial , by votes of the whole multitude , 
 which made the verdid hard to be difccrned : but time taught 
 them better advice, to bring the voters to a certain number, ac- 
 cording to the Grjecian way , who determined controvcrlies 
 by the fuflfrages of four and thirty, or the Major part of them. £tnnnu$. 
 But how the number came to be reduced to twelve 1 cannot 
 conjedurc, unlefsin imitation of that rule of compurgators » 
 that ordinarily exceeded not that number. The hrl't Law that 
 dehned this number was that o^JEtheldredzhovit three hundred ^n. ^7- 
 years before the Conqueft. htftngnlis Centmiis^ &c. In Englifh Ll. Sax. Lamb, 
 thus i In every Century or Hundred let there be a Court , and 
 let twelve ancient free men , together with the Lord of the- 
 Hundred be fworn that they will not condemn the innocent , 
 nor acquit the guilty : and this was fo ftridly eyed , that Al- 
 /rf"^ put one of his judges to death for palTing fcntence upon ^^ir^r. cap. 5. 
 a verdid corruptly obtained , upon the votes of the Jurors , ^^' ^' 
 whereof three of the twelve were in the negative. And the 
 fame King put another of his Judges to death, for pafling fcn- 
 tence of death upon an ignoramus^ returned by the jury : and 
 a third, for condemning a man upon an Inqueit taken ex officio > 
 when -as the Delinquent had not put himfelf upon their tri- 
 al. 
 
 But the Saxont were more careful of the credit and life j^^ Jj.r'et. 
 of man, for no mans life or credit refted altogether upon the caft""* 
 of twelve opinions: but hrft twelve men enquired of the fame 
 and ground thereof, which if liked rendred the party under the 
 
 O 2 fpot 
 
92 SAXONS. 
 
 fpot of dilinquency, and meet to be looked upon as under the. 
 fufpicion of the Law, who formerly was but under the fufpe(3: , 
 of ibme particular man. And then was a fccond enquiry of the 
 fadt, if the party traverfed the vote of Fame. In both which 
 trials the verdid grounded it fclf upon thofe allegata and />ro- 
 bata which were before them. The i\ri\ of thefe inquiries was 
 before the Coroner , who even in thefe old days had the view 
 of bloodilied. The fecond was had before the Judge of life 
 and death : neither of which could legally indamage the party 
 without the other , unlefs the ]udg meaned to anfwer it with 
 the peril of his own perfonand eitate, as it befell in Alfreds^ 
 time, when as a Judg fuffered death for palTing fentence upon' 
 Miror cap ^^^ Coroners only record, unto which a replication is allowed. 
 Sec. I. as the book faith i and another Judge had the fame meafure for 
 
 condemning one without appeal or indidment foregoing. 
 Mtror cap i ^'^^^^ by the way I might note another difference between" 
 S.c. II. Appeals and Indidiments, in this, that-Appeals were and are' 
 
 the more fpeedie trials thanlndidlments, in as much as the for-* 
 raer were but one adt, the latter two. 
 Medietas And yet time and experience refined this way of trial into' 
 
 Lingju, a more excellent condition : For the bloody times' of thd' 
 Saxons firft age paiTmg over, and peace arillng by degrees, they 
 together with the Br/f(?«x began to intercomon ; atid about the! 
 Marches become a mixt people under a mixture of governmhet' 
 and Laws ( as hj^th been already noted ) amongfl which onC- 
 p-12^ concerned their way of trial of matters in fadt by a Jury 
 
 "^ mixt both of Britons and Saxons , which was fetled by a Law . 
 
 L'yniheldrcd. msidQ by j^tbeldred. Virifint^ &c. In Engl ifh thus : Let thejrc 
 tap. 3. Lamb, y^^ twelve men of underftanding in the Law, fix of them E«- 
 glijh^ and fix Weljh i and let them deal Jullice both to EJtgUp 
 and IFelJJj. The equity of this Law in future ages fpread it 
 ielf into all trials of Foraigners in every place throughout, 
 this Ifland. Unto fuch as flumble at this conceipti becaufe thej^ 
 ive hid to he ditate fttperiores ^ znd jure confidti^ I (hall onvf 
 note thus much. That It is not to be doubted but the work- of 
 Jurors required chief men both for experience and know-/ 
 kdg in the caltoms of thofe times , to enable them ta judg 
 of. the matter in fadt j and upon whofe judgment thelife.ani* 
 
 deatfat.j 
 
SAXONS. 95 
 
 death of the party refted principally: and as probable it is 
 that thofe Jurors , as they were then chief men , fo they fate 
 in the moft eminent place of the affembly or court, and were 
 co-alfefTors with the Bi{hop and Sheriff, who did fervc but 
 onlytoadvife the reft, and they or one of them to publifli 
 the fentence which the Law predetermined : And this- chief 
 place the Jurors might have poflelTed at this day, as they do in 
 Srpedeft, had the chief men holden the fervice ftill worthy of 
 their attendance. 
 
 But great men grew tcf great in their own efteem for the p^^^^ 
 fexWceof their Counrey , betaking themfelves to ferve thcm- 
 fclves i and matters of higheft imployment were left to thofe 
 of the meaner condition , who being in their own pcrfons of 
 lefs admiration , were thought unmeet to fit in fuch eminent 
 places ,• and fo from the bench defcended to the floor, as at 
 this day. Thisdelidioufnefs of the greater fort made one ftcp 
 further to the full perfcdion of that manner of trial both of 
 the pcrfons and eftates of the Englijh , which hath been the 
 envy of other Nations , and is called the trial per pares or by 
 Peers. For the pride of the Vanes ( now growing into one 
 people with the Saxons) not induring fuch fellowfliip with 
 the mean S axon frecvntn in this publique fervice i and the wife 
 Saxon King efpying the danger in betruftfng the lives 
 '*&d efrates of the pbbreft (ore unto the didtate of thefe 
 fuperbient humours s arrd on the coritrary in profiitiiting the 
 Nobler blood upon the vote- of the inferiour rank of men, 
 provided a 'third w^y , knd by agreen^nt between him and 
 Guuthurne the-'IXi/i^' ,' fetled the Law of Peers* Shniniftcrre-^ Ll. Alured. 
 giuij^c. if a'Lbrd or i^aron be accufed of homicide, he fliall 
 be acquitted by twelve Lords : but if of inferiour rank , he Concil. Brit. 
 fhallbe acquitted by eleven of his equals and one Lord. Thus ^^' ^^^' 
 Gods providence difpofed of the pride of men, to be an in- 
 ftrument^f its own reOraint i for the great men ercthey were 
 aware heteby loft one of thtfaireft fiowersof their Garland, 
 ■ viz, the judicature, or rather the mafterfliip of the life or death 
 of the meaner forts and thereby a fair opportunity of con- 
 taining them for ever under their aw. And no lefs remark- 
 abe was the benefit that redounded to this, Nation hereby, for 
 
 had ; 
 
94 
 
 S AXONS, 
 
 lud the great men hoUen this power, as once they had if, -k , 
 might foon have endangered the liberty of the free men> and 
 thereby been deftru<^ive to the Fundamental conftitution of the 
 goverment of this Realm, which conllftcth in thejuft and eqiisA 
 participation of thefe privilcdges , wherein all are equally con* . 
 earned. This was the trial wherein the people of this Natioa ■ 
 wfire made happy above all other people, and whereby the free ; 
 men ^ as they had the legiflative power, fo likewifc had the 
 juridical •> and thereby next under God an abfolute dominion, 
 over themfelves and their ertateg ; for though this courfe of tri- 
 al was firll applied to matters of crime,, yet it (bon alfo feized : 
 upon tbeCon^roQn picas, which for the moft p^rt was thte'i 
 work of main import in the Hundred Court > and fuitablC) 
 hereunto are the prefcriptionswhich are extant in the Lawr" 
 books of cognifance of pleas, and writs of AlTize, &c. from 
 the times of the Saxons , as in that cafe pf the Abbot of Btfrjn i 
 .15. all. pi. 24. a;i^Qpgrt.Qtl;ie)fs,dc«h appear. ,^ „. ,.^ ■ ,; \ .. , . ., .,.: , 
 
 CHAP. XXXIX, 
 
 After verdi<5l judgment paffed according ,ta the letter of- 
 theLawi or known cuftom i in criminal matters accord- 
 ing to the greatnefs of the offence, either for death or lofs 
 of member. But if the circumftances favoured the Delinquent 
 he was admitted to redemption of life or member, by hnealfo 
 fetled by letter of the Law , and not kft to the Judges difcre- 
 tion. If the crime reached only to (liameful penance, fuch 
 tl Unut. as Pillory or whipping ( the laft whereof was infliaed only 
 upon bondmen ) then might that penance be reduced to a 
 ranfom , according to the grain of the offence affeffed in 
 the prefence of the Judge by Abe free men , and entered upon 
 thexoll, andtheeikeat o^each ranfom; fcverally and aparc 
 ferit to the Sheriff. This ranfom was paid ufualiy unto the 
 King and Lord, and the party indamaged, or his friends, if 
 the cafe fo required •■> accoxdiog to the old (Serman rule , Pdrs 
 
SAXONS. ^5 
 
 ntuW£ Kegi vel civitati pars ipft qui vindicatur vel propinqifis ejus. 
 This courfc opened indeed away for mercy, but through Vac-itus. 
 corruption a floodgate to wickcdnefs in the conclallon. • Of 
 imprifonment there was Httle ufe in the eldefl: times i after- 
 wards it was more ufed not only to fecure the pcrfon to come to 
 trial of Law for niifcarriages part , but fomctimes^ to fccurc 
 men againft committing of future mifchief , efpccially if it 
 more concerned the publique. I find but little or no ufe there- 
 of hardy as a punifliment , nor would their ancertors fapunifh 
 (heir bondmen : VincuUs coenere ramm ejl. In cafe of debt or 
 damage the recovei^ thereof was in nature of elegit \ for the 
 party wroriged either had the offenders goods to him delivered' 
 or the value in money upon fale of the goods made by t!ie She- 
 riff i and if that fatishcd not) then the moity of the Lands L!. Edw- 
 was extended, andfo by moitics fo far as was polfible , /.//;•■,» 
 centeriemenio^ and when all was gone the deteiid-ants arms 
 C which Were aCc^Utttcd as tire Nether-iftilftone or i!ock of 
 maihfenance 3 were lall of afl feized , and- then the party was LI.AIurcd.c.r. 
 aci^ourited undone •, and caft upon- the charity of his friends for 
 hisfuflenance: buttheperfon of thetnan was never imprifon- 
 edasa pledgfor thedebt no not in tlie Kings cafe, Alfred 
 fniprifoned one of his judges for imprifoning a man in that ^ ^or. cap. ?. 
 tzft. OnCpuniflimcnr of death they had in cafes of crime y '^* '* 
 and that was by hanging or Wrangling v and where ' the crime 
 Was not fo great , fotnetimcs enfued lofs of member or muti- 
 lation > and in many fuch cafes Excommunication pronounced 
 indeed by the Clergy, but determined by the La-w, which in 
 thefirficoiiception was framed in the wou.b of tlie Icgliiative Conci!. Enr. 
 power in Parliament, as may appear in many Laws there madci 1^5, 251, 365, 
 nor was there in (hofe times any quefiion made oi the cogni- '^■'^• 
 fance thereof, fo long as the Clergy and Laity hid charity^ c- 
 nough tojoyn in all pjblique Councils* 
 
 C^H A r. 
 
^6 SAXONS, 
 
 CHAP. XL. 
 
 Ofthepettal Laws amotJgfl the Saxons. - ~ . 
 
 PAfllng the Courts and manner of proceedings till fentcncc 
 we are now come to the particular Laws that diredl-ed the 
 fentence , and firft of thofe that concerned criminal offences. 
 During the Saxons time the Common- wealth was in its mino-^ 
 rity, the government tender, the Laws green and fubjei^; to, 
 bend according to the blaft of time and occalionj and according' 
 to the different difpofitions of governours, ages, and. peoples. 
 For though the Saxons were in name our firft matter , yet not, 
 they only i but they having once made the breach open , and 
 entered this Ifland it became a common fewer to the excref- 
 cency of thofe Eaftern people of the Angles^ Vanes^Mmains^ 
 znd Goths i as their feveral Laws left with us in power do„ 
 not obfcurely inform us > and amongft all the reft the Goths- 
 were not the leaft concerned herein i for the Saxon King de- 
 termining what people ihall be holden Denifins in this Kingr 
 dom, faith that the Goths ought to be received and prote<5ted 
 in this Kingdom > as fworn brethren , kinfmen and proper 
 Citizens of this Common-wealth. Nor can any Nation upon 
 earth (hew fo much of the ancient Gothique Law as this Ifland 
 hath. Neverthelefsin this mixture of people of feveral Na- 
 tions, there being a fuitable mixture of Laws, as the power of 
 any one of thefe peoples changed , fo like wife did their LaWs 
 change in power > and long it was ere a right temper of one 
 uniform Law could be fetled , yet in the interim thefe fliort 
 remembrances left unconfumed by time» I have fubjoyned, that 
 it may appear their notions were excellent , though fomewhat 
 inconrtant in their pradice. 
 
 Thofe times were dark , and yet fo far as any light ap- 
 peared the peopfe were to be honoured for their refolution in 
 the defence thereof. For there was few of the Commandments 
 of the two Tables which they did not aflerf by Laws by them 
 
 made. 
 
FAXONS, 
 
 made, the third and tenth excepted \ which latter commands 
 the inward man only , and whereof God hath the fole cogni- 
 fancc. 
 
 True it is that the iirfl: Commandment contafneth j^g fj^a 
 much of ' the fame nature 5 yet fomc what is vilible , and thzt q^,jjj^^J^j_ 
 they bound '■> for whereas in thofe times the Devil had fuch ^„^^ 
 power as he did prevail with fome , and thofe it may be not jritchery 
 a few J to renounce God, and deliver themfelves wholly to his 
 own will h they puni(hed this crime with BaniHimcnt as un- 
 worthy their fociety that would communicate with Devils, 
 yet if the delinquent had done any mifchief whereby death li,^^,. cap€ 
 enfued, the parties punifnment was death i yet might all be 
 difcharged by ranfom , and good fecurity for good behaviour 
 for time Co come. 
 
 For their worfhip of God they were no lefs zealous in jjj, flcond 
 maintenance of the manner i as their forefathers liked not Commayid- 
 the ufe of Images or pidlures for adoration , neither did they ; yf^of^f 
 and though the Clergy in other matters led them mucli, yet in 
 this they were alone for a long time i for though the Roman 
 Church had the ufe of Images above three hundred years be- 
 fore Auflifts coming , yet could not that cuftom fallen upon 
 the Saxons for the fpace of above one hundred years after 
 Aujiins coming , notwithftanding the endeavours of Charle- 
 Main and Pope Conjiantine by his baftard decree begotten upon 
 the dream of the Bi(hop of IVorcefier that fawthe Virgin Ma- 
 ries pidure brought him in his fleep by her felf , and with a 
 command from her that it (hould be fet up in the Church and 
 worfhipped ; I fay it could not faften any conftant pradice of Concil. Er.t. 
 Idol worfhip , nor ever wreft a Law from the Wittagenmot to ^'2. 
 countenance the fameibut rather on the contrary they flill prc- 
 ferved the memorial of the fecond Commandment in the Deca- 
 logue even then when as the Romanics had expunged the fame 
 out of the number •> and they inforced the fame by a Law ^^"^''- ^""'f- 
 oftheir own making, fo far as their Clergy , or reverence they L.^Canur. c 5; 
 bare to Kome would allow. 
 
 It hath been formerly obferved that the Saxons took no note 'tis third 
 of the vice ofprophane fweiring and curling i which crime Command- 
 ( if it were in ufe, as it cannot be oiherwife conceited but k ment. 
 
 P was; 
 
98 
 
 S. A X N 5. 
 
 Ccnr.i. cap.4. 
 
 The fourth 
 Command- 
 ment- 
 
 Tacitus. 
 
 Concil. Eiir. 
 415. 44(5. 
 
 404,510,546. 
 
 I'hs fifth 
 Command- 
 ment. 
 J'reafon^ 
 
 Taciiws- 
 
 was) as the times then were,muft He upon the Ckrgymens ac- 
 count for their negkdt of teaching the point, or upon the 
 general ignorance of thofe times, which undcrftood not the 
 Commandment , nor the Scripture. For we hnd no Canon 
 againlHt, nor fcarce any dodlrine. concerning it , but Only* 
 in cafe of falfc fwearmg, till Anfelms time. True it is that' 
 C/^r)/^(f (7 w feemeth zealous againft all fwearing i but that was* 
 his perfonal goodncfs , which for ought appeareth died with 
 him. And /4;f/(?//«f contending againft fwearing by the crea- 
 tures, and idle f^v^aring, renders his grounds in fuch manner 
 as it may be well conceived that he underftood nof the 
 main. 
 
 I am the rather induced to conceive Charitably of thofe times 
 in regard of their exceeding leal for the honour of the Lords 
 day i which iheweth , that fo far as their knowledg would 
 maintain them they had zeal to make it into adt ion. They 
 began this day doubtlefs as other days , according to the cU- 
 (tome of their forefathers in Germany^ Nox ducers diem videtip\ 
 And bccaufe they would not allow their fecular affairs to 
 trench too njgh that days devotion , they made the Lords day 
 to begin on Saturday at three of the clock in the afternoon , 
 and to continue till munday morning. No palfirtle , no not' 
 their beloved fport of hunting , was allowed during all that 
 while : nor no works were to be done , but fuch as concerned 
 the worfliip of God » and thofe Laws they bound with penalty 
 of fine, if the delinquent were a free man •, if he were a bond 
 ■» fervant , he was to be whipped ; Nor were thefe the Laws of 
 ' one King , or age only, but of the whole currant of the Saxon 
 government, and may, although dark tiriies they were, yet put' 
 us in thefe days of light to the blufli, to enter .into compare 
 with them for their devotion. 
 
 In their converfation with men the Saxons feemed yet more' 
 firidt, and beingapeopleof a publiquc fpirit , they preferred 
 the good of their Countrey abave alii accounting trechery_ 
 againft it , or negledl thereof in time of danger to be a crime' 
 of the greateft concernment , and to be punifhed in the higheft 
 degree Prodhores & transfugas arboribus fufpendunt.OthctTiez^ 
 fon than this, no not againlt Kings, did they then acknowledg 
 
 any 
 
 I 
 
SAXONS. ^9 
 
 3nyi and therefore the form of the Indidment tor contriving 
 
 the death of their King concluded only Ff/o;.'icf, as may appear Miror cap. 2. 
 
 in that form of an indidment tor an otfcnce of that nature in- ^-'-'- ^ '• 
 
 tended and plotted againlt Edmond i\\z Saxon King: when as 
 
 for the plotting againlt alliance? though of common and infc- 
 
 riour nature , the indi(3:ment concluded felonice & proditoric. 
 
 ^nd whereas the penalty in (pftfe of trechery againlt the Coun- ^ '■<""^''P- 2- 
 
 trey was de^th, and forfeiture of the whole ethte, both real *"' 
 
 3nd perfonal ; In trechery againrt the King it was only lofs of U Edw. c. j3. 
 
 life, and of the perfonal ettate. And therefore it may fe^m that 
 
 M^jefly had not yet arrived at its full growth i or elfe that the ^^^ ,^^^" 
 
 grcateijt meafurc thereof retted in thje. body iiill. \ 
 
 If.in ^ny thing ^hc Saxony, were indulgent, it was in matters 'The fixth 
 of Blood i for they were a warlike people, and looked upon it Command' 
 as under the regiment of valour i and therefore it was punillied nie:it, 
 only with fine , according to the old rule , Luitur bomici- Man-fliugh- 
 dium certo artrientofitttj, .& peQorum numero. So as even in Ger- ter. 
 many they had ieampd the trick to fet a price upon that crime » 
 and this they afterward called Manhatts wera rvirgidj wha 
 and lalhlight ; and which was worfc , they countenanced that 
 which in after ages was called deadly feud » and fo under co- s^x. Limb, 
 lour of puniihing murder with revenge, they added blood to f:>i. 17. 18, 
 blood. But as times grew more tame, and inclining to civility 
 or Religion 5 the cry of Blood was more hideous » and this 
 urged on the Law of appeals , and fo private revenge became 
 under the power of t^ie Law: which punillied death with ^i'c""- <"«?• 5- 
 death, favouringof fuch aKingasy^//rf(^ was, who tirlt taught y^.'' .^ 
 the ^Scriptures to fpeakinthe dialed of our own Laws i like preface Lamfc. 
 the i^ul^rick amongli the Canons , bringing there^'ith both 
 firength and beauty i yet they had degrees of blood- Ihed, and 
 made a diflfercnce in the punithment i for fome fprung from 
 fudden palTion > but other was forethought and purpofcd i 
 ^hi^h lalt^hty called. -^^^-"^ murther , or raurther by loreplot o'cfTar 
 ^f.^cachcryVi and, this iW^sj(nade.«/^//i? pccio emcndabile i- and u. C^rut.' 
 y^t towards the tjrngs oC the Vii^nes devotion grew of fo high cap. 93. 
 ^ dye that a Sanc^pary could ref!>refent any bloodlTicd more 
 allowable, ,if not aceeptable s under the golden colour of re- 
 •compeno? n^d? to the King, the Lord of the party llain , and 
 ' ■ P 2 the 
 
lOO SAXONS, 
 
 the parties friends ■•, for the lofs of a fubjed , a tenant , and a 
 . friend, according to that of their forefathers i recepitque fa- 
 
 tisfaHionem univerfa Vomus, It would be too tedious to recite 
 all the particular Laws, with their changes, and therefore they 
 fhallbelefttothe view inthefeveral Lawsof -^//r<?(^, Edmond^ 
 V 10,' Camttuf and Edivard the Saxon Kings^ Yet one cuftom firft 
 5tjmf lib'^ • ^6"^ ^y ^^^ Danes, I cannot omit : That If a man were found 
 cap. 10, flain , whofe parents or friends were unknown , by common 
 
 Miror.cap. I. intendment he was to be prcfumed to be a Dane> and then if 
 Sec. 13. ' the delinquent were: not taken, nor fled to Sand:uary , nor 
 known where he is , the whole Hundred was amerced for the 
 ^Sf "" ''^ ^ cfcape i but if the partie flain were known to be of EngliQi pa- 
 ^* rents, it was otherwifc. This cuftom lafted long after the 
 Breath of Norman; time, the Vane being only changed Jnto the Nor- 
 peace. ^^'^ ■> and was called Englifhire. Batteries, mairaes , impri- 
 
 Katteries. (bnments, and other breaches of peace were punilTied by rine , 
 Maimes. which they called Fightvo'm.^ Grithbrece or Frithbrebk^-^ and the 
 Imprifort* delinquent ordinarily put in fureties for the peace for future 
 ments. ^i^i^ ' the fme was increafcd by the number of delinquents joy- 
 
 Alured. prtf. ning in the hdi i for if feven joyned-, it was a riot, and the fine 
 Lam.. i>. was then called F/o/^%^. If the number were five times fb 
 many viz. thirty and five, then it was a rebellion or war. Se- 
 condly, the fine wasincreafed by the time or feafon of the fac^'; 
 as in Lenc or while the Army was in the field v becaufe, in the 
 fir if cafe, the holy time was proj)haned v in the fecond the coun- 
 trey was more endangered when the (Irength was abroad , an<J 
 the Army might be difcouraged at the news of the difturbancc 
 at home. And therefore the Saxons puniflied this with death, 
 t1. Edw.c. 3 K or fine fuitable.. Thirdly, the fine was the greater in cafe of the 
 tl.Sj.v.cap.5^. excellency of the place, where it was holy ground, or in the. 
 li<?" fevvith P^^^^"*-'^ of great perfons^, fuchas the King or Bilhop. 
 Command^ Adultery among the oXA Germans wdiS holden-acrime of a 
 high nature •, the penalty of the woman that committed that 
 Earon. Annal. Grime v/as death. I find not what became of the man i in latter* 
 74?. num. y times of the Saxons it grew liefs penal, and- moire common.' 
 Concil. Brie. By. Alfreds Law it was finable, and the fine called Legitrwk. By 
 1 1 c CanntHS the man was fined or banifhed , the woman to lofe hef' 
 
 reg. xi. nofe.,. ears J and her portion. Inceft was more penal t<x the 
 
 man 
 
S AX N S, K>i 
 
 man than Adultery, and yet it touched not his life. LicefK 
 
 Robbery amonft the Lacedemonians was accounted but a L). Sjx. 48, 
 trick of youth, the Athenians thoughts were more fevcre. The ISf' ^^: 
 Gmw^ifx likewife differed in their cenfures concerning it i the I.^^ f/ghtb 
 Saxons puni(hcd it with death, but the Angles with Hneonly, ^^^'^^-^^t^- 
 yetl'/^ the King made it mortal, and Canutuf followed him ^'^j^'n 
 therein: and E^jvW the Confeflbr limited that punifhment gc sav. ' ^'^ 
 to thefts of twelve pence in vakie, or above, burning of woods U.Sax.^.reg.i. 
 was rinable by Inaes Law : but Burglary was felony. In King Miror. 26 : , 
 Edmunds time only the Vanes made it finable i polTibly being S«r;«/;/^ of 
 guilty in their own confciences of their own propendty to ra- ^<^ods. 
 pine and plunderings. Thispriviledg of the dwelling houfe ^'trglary, 
 was anciently called Hamfoca , or Hamfoken > or HimfoJ^nf. Li'raJ^'t'^^^''^* 
 Trefpaffes committed upon ground were all comprehended un- qrerpa'j^s 
 der the general name oi Edsrhrece^ or hedg-breaking i and 
 the penalty was not only the damage to the party > but alfo 
 fine to the King uponadion , which in thefe days palTeth un- 
 der the name of ^jre claitfunt fregit , according to the words ^i sax cap i4* 
 of the Writ. The dammages were more or lefs according to 
 the time or feafon when it was done \ for. if when the Army, 
 wasabroad, the dammages were doubled v and in like manner, 
 if done in Lent time. If the trefpafs was done by a Beall , the l!. inr 5,5. 
 owner mull pay the damages: But if it were occafioned Ijid. c. 40. 
 through the complainants default (as through his gap ; no 
 damages were paid. The conftant fine to the King in all 
 fuch trefpafles was by Alfreds Law fet at five llfillings. Other l1. Si.r. c. -^6. 
 adions alfo were then ufcd as touching damage done to goods 
 and adtions upon the cafe "5 for in ^///W/ time the Plaintirt" 
 Kcovered not only damages for trefpaiTes done to polfcllvons 
 and goods, butalfocolls for injuries in point of fcandal and Miror. p. 501, 
 defamation , in cafe the complainant fpecially declareth that 
 he is thereby difabled or indamaged in his preferment and 
 maketh proof of the fame fuitable unto the forms of our 
 pleadings at this day , which conclude with fer (jiiod &c. or & I'he m,nh 
 deterioratus eji &c. Comnund- 
 
 The Saxons'wtxt utter enemies to perjury: they punillied ment. 
 it with eternal difcredit of teftimony \ and fomctimes with LJ- ^thcjl. 
 baniilimeut, or with firievous fines to the King, and oauids ^', \? 
 
 to ^ 
 
I02 S Axons. 
 
 Spec. S4;f.l.j, to the Judg. For that differenee I find obferved in thofe daks^ 
 arc. 55. between tines and aulvts, albeit the more ancient times ufed 
 
 them for one and the fame •, for To the Hiltorian ^ars muW£ Re- 
 gi. In all thefe matters where any interefl: was vefted in the 
 Crown the King had the prerogative of pardon i yet alwaies the 
 LI. Edw.c.iS. recompcncc to the party was faved i beiidesthe fecurity of the 
 good behaviour for time to conie> as the cafe required. 
 
 CHAP. XLI. 
 
 of the Laws of property, of Lands a^^d goods , a^d their 
 Manner of conveyance, 
 
 THus pafling over fome tops of Saxon penal Laws, befides- 
 the general rule or Law of eye for eye, tooth for tooth, 8cc.l 
 Sec.°i* ^^^ '' ^^ ^^^ remains as lightly to glance at a few generals concerning 
 the iietling and property of pofleilions in point of title i con- 
 cerning which , although it be true that the Conquerors of 
 this part of the Ifle were a body aggregate of many Nations 
 or peoples •> and fo divers cuftoms mull: neceiTarily fettle by 
 common intendment in feveral places, according as they chofe- 
 :Jnherttance, ^^^^^ habitation : yet the general cuftom of the Germans , as' 
 touching defcent of inheritance was to the eldeft fon •, For ta- ~ 
 citus fpeaking of the German Cavalry , faith , that the horfe 
 cFf the party dead went not to the eldeft fon itt cetera , but 
 to the moll valiant man amongft them of that linage ; which' 
 words ut c£tera do plainly intimate 5 that other matters of 
 proHt paffed to the eldeft fon in point of defcent i Nor can 
 I conceive how men (hould be induced to conceit that the 
 cuftom of Gavelkind was the ancient general cuftom of the 
 Germans, Its true the words of the fame Hiftorian have mif- 
 ledfome? the words are, tUredes tamen <^ fucceff'ores cuique 
 Libert i thefe taken collcdively I grant may import fomewhaC 
 tending that way •. but they may as properly be taken dif- 
 jundively , that the Children inherit by courfe \ and if none 
 ifuch were, then the Brothers i if they failed, then uncles. And 
 
 its 
 
SJXONS, 103 
 
 its not only evident that in the publique fucceffion to the - 
 Crown they had an eye this way i but in the defcent of private 
 and particular eltates, as by many inftances out of thofe old 
 Hiftories may appear i and had any other cuflom been gene- 
 ral , Alfreds rule by hhfes Law had never fucceeded i nor 
 could that other culiom hold out agaijl the con/hnt delire 
 of the Saxonf to perpetuate their families in greatnefs and 
 honour ; all which belides the exprefs Laws fet forth in the 
 Codes, are in my conceit fufficient to induce an hiftorical 
 faith that the general courfe of defcent was to the eldelV fons, 
 and not to all joyntly. Neverthelefs out of this eftate of in- 
 heritance divers particular elktes were created , as well by 
 P common culiom , as by tlie efpecial ad of the owner of fuch 
 an efrate. Such of them as were wrought by cuftom was occa- 
 iioned from marriage , whereby' if the man was fetled of fuch 
 cllate as formerly hath been recited, and diedi his wife furvi- 
 ving, by ancient culiom flie had her dower or third part oiT^ower. 
 fuch eftate of inheritance. This cuftom though ancient , yet 
 was not originally from the Germans , but from the Lutines 
 who ufcd to give dower with the man , and receive portion 
 with the woman. But t\\t Germans learned from the Greeks I'lm vir.Solon. 
 otherwifc h for the Laws both o( Solon and Lycrtrgus forbad the ^l^''''"^- 
 latter , lell marriages (hould be made for reward , and not 
 grounded upon affedlion » which, as they conceived, would be 
 a means to maintain the (Irength of mankind in generation. . 
 And therefore lacitus noteth this by way of Antithetis Votem 
 non Hxor marito fed uxori maritus offert. The dower that was 
 given in the Hrft times was goods i and thefc were utenliis for 
 war. And the wife many times returned to the man tokens of 
 her love in the fame kind > and not as gages Jlf future main- 
 tenance, unlefs we fliall account war their proper calling 
 from whence their livelihood ilTued. Succeeding times grow- 
 .ing more calm changed the cuftom of righting into trading? ^ 
 and taught them to prefer the Hock gotten by commerce , 
 before that of war, and fo the dovvcr was changed. This 
 courfe continued all the Saxons time , for ought 1 can rind i 
 for not much above threefcore years before theConqueft it ,, c- , , , j 
 was by a publique Law conrirmcd, that the BiiJcgroom be- E^Jm'. ff/!^"J' . 
 
 fore 
 
IC4 S J X N S. 
 
 U.Sax-^o. fore marriage (hould fet forth that portion of goods that 
 J^eg- ^'"' (hould be his wifes, and thefe were ever afterward holden her 
 own proper goods. But if no fuch provifion was made be- 
 fore marriage , then the Law or cuftom gave the wife half her 
 husbands goods, if Hk outlived him > and if there were chil- 
 dren, then the whole eftate in goods, to provide for her felf 
 and them > untill (he took a fecond husband i but if the huC- 
 band fulTered death as a MalcfacfVor , the wife was to have but 
 iU. Sax Lamb, one third part. 1 Hnd no footfteps of Dower in Lands untill 
 ,[°,* ''*• the Normans time > who were alfo as well owners of the wifes 
 
 • ^' P'5 • pejfQnai eftate > as of their perfons i and before which time , 
 the SaxoH wives in divers regards were more abfolute and 
 independent : I fay not more happy , becaufe they were never 
 one with tiieir husbands > nor were they ever under the Law 
 of free pledge, as wives > nor was the husband his wifes pledge 
 as he was her husband i although as a mafter he was free pledge 
 for his fervantfi .• forthe Law was, thatin cafe the husband car- 
 tll.Edm.Latnb ried his wife away into another Lordfliip , as he muft give 
 cap. 7. pledges that his wife (hall have no wrong> fo (he muft give 
 
 pledge by her friends that (he (hall do no wrong > and (he paf- 
 ied therefore as an appurtenant to her husband , then in unity 
 with him h and her eftate or portion was rather appurtenant to 
 her th^ him •> for if (he failed in her good carriage to her hus- 
 bandifhe was to make amends out of her own eftate to her hus- 
 band i and if her eftate fufficed not, then her pledges were to 
 1-1. Sax'. 50. fatishe the husband. Neverthelefs what failed in the relation of 
 kRtg. 2a. fhe woman to the man, was fupplied in the relation of the man 
 to the woman > for befides the refpcd the men bare to the wo- 
 men, as their wives , they honoured them as German women , 
 that admired valour in all, Idolized it in their husbands , and 
 (hared in it themfelves i and upon occalion merited thereby 
 not only to be companions in honour , but triumphers above 
 men , yea their Commanders and governours : Nor was this 
 the original trick of the rude and uncompt Germans or Bar- 
 barous Britans , but of the wife Creek/ i and received as may 
 be fuppofed from the Lacedemonians , upon as good ground 
 as the wife of Leonidas the Lacedemonian King rendred , who 
 (being askexl why the Lacedemonian women ruled their huf- 
 
 bands, 
 
SAXONS. 
 
 105 
 
 bands : Its true, faid llic, for we only know how to obey our Curtefie »/* 
 husbands. A fecond particular eftate , which the Law derived Eytgland. 
 out of the inheritance, was advancement to the husband i for 
 the Saxons were not fo (hipid as to refufc favour profTered : 
 and therefore they made a Law of Counter-teneur to that 
 of Dower which we commonly call tenure by the curtelle of 
 England \ which was but a pcrquifitc of the wives eftate gi- 
 ven to the husband , in cafe he overlived his wife , and had 
 iiTue by her born alive: The name was probably given by the 
 Normans , who as it feemeth had no fuch cuftotn i and there- 
 fore they gave it the name from the EngliJJj ( albeit Hncc that 
 time Scotland hath alfo allowed it atnongft them ) who 
 might probably bring it into this Kingdom. or Countrey LI.Alm. tir.9J. 
 amongft the mingled people ■■> for thiscuftom or Law is found Lindcnbr.cod. 
 amongrt the ancient JUmain Laws : differing only from the 
 Law this day in the evidence of the title -> which now arifexh 
 upon the birth of the Child heard to cry > when as in thofe daics 
 the title velkd not unlefs the Child opened his eyes nt pojfit vi- 
 dere cttlmen domus^ & quatmr parietes , which toucheth not 
 only the opening of the eye^ but alfo the rowling of it about. 
 Eftates that were derived out of the eftate of an inheritance 
 by the ad: of the party , either were fuch as concerned the ^J^^*^ tailc, 
 whole inheritance , or part thereof. That which concerned 
 the whole inheritance , was nothing but a parcelling of it out 
 according to the will of the giver* and this was afterwards 
 called eftate Taile , which pafted alfo amongft fome places by 
 way of cuftom j as amongft the Angles it was a Law that the M* J"^' ^'^' ^• 
 inheritance ftiould pafs unto the ifTue males on the fathers fide, ^"^ ^' 
 untill the fifth generation, before any title could accrue to the 
 iilue female '•> and then according to their Pxoverb , it went 
 from the Lance to the Spindle. But the Vanes polTibly might 
 prevent this in the continuance thereof j for they brought 
 along with them that which was formerly the Saxon cuftom, LI. Sax. tit. 7; 
 - which carried the inheritance unto the daughters, upon the '^'d^ 
 failing of the iiTue male as in the example of Cenedritha Concil. Brir. 
 daughter to Ceniilphits^ amongft multitudes of others may ap- ^^^* 
 pear. But where Lands were conveyed by writing or adt of ., ., 
 thepaxtyi it was a Maxim that the will of the conveyor fl^ould s^'^ c"'^^ * 
 
 CL be ' ' '* 
 
io6 SJXONS. 
 
 he iiridly obfcrvecl : nor could ever any one that came ;in by 
 vcEtue oi fuch writing ever alien the Land to aofs the cur- 
 rent of the original conveyance. The entailing of cLhtes 
 Plo.com. 25T. therefore was very ancient, although by corrupt custom it 
 ^' was dcludedjas the Lord Vier in his argument of the L. Berklies 
 
 cafe obfcrveth. 
 
 Another cufiom of inheritance was catcht 1 know not how, 
 its called Burrough Englifh , and by the name may feem to be 
 brought in by fome Cynical odd ^«g/f that meant to crofs the 
 world , and yet in a way not contrary to all reafon : for 
 where nature affords lealt help , the wifdom of men hath ufed 
 to be moft careful of fupply,and thus the youngeft became 
 preferred befoiSthe elder in the courfe ot, defcent of inhe- 
 ritance according to this cuftom. There is no further monu- 
 ment of the Antiquity hereof that I have met with, than the 
 namcitfclf, which importeth that it fprang up whiles as yet 
 the names of Angles and Saxons held in coiiimon cognifance : 
 and mightarifehrft from the grant of .the'ljordi to their Te- 
 nants, ^ndfoby continuance become ufuah and by this means 
 alfo might arife the cullom of Copy-holds of this nature fo fre- 
 quent, efpeclallly in thofe Eaftcrn parts of this llland where 
 the Angles fetled, and from whom th^ part had the name of 
 ihe,Ez[\ Angles, !J .^'M .roui^id^ Ji.'-I . ;. ;.'n;.. 
 
 lAnothcr cuftom of derceiitremainetk, and that is to the 
 .,. , children collodively, and its called Gavel kind, or Gave-all 
 jAvel f{tn . j^^j ^ ^^ J l^y ^j^g ^^^y ^^^^ feemeth at the hrfr to arife rather 
 
 from the donation of the parent or other anceflor , contrary 
 to common cuftom, than by common Law : otherwife.no need 
 had been of an efpecial name. In the original it feems it 
 equally ccmcetiled all both fons and daughters, as partners v 
 and for want of fuch , the brothers and fiikrs. It feemeth to- 
 Srtphar. Dan. ^^ ^^^^ ^^^ ^^^ ^^ ^^^ Goths or Juies i for it remaineth in ufe 
 -Burcus SucF. ' in thefe parts of the Eaftcrn Counties. Eut in latter times: 
 this ellate was alfo tailed , or cut out fometimes to tlie fons' 
 and daughters fcveraliy i-that is, the fons^or brothers: tc>. 
 have two parts, -and the daughters- or (ifters one part v othe^' 
 times to all the fons, and for want of fuch, to. all the daugh-; 
 ters; and thus- thefe couries of elktes palTedover Seas to the 
 
 Southerji 
 
SJXON\S. ^07 
 
 Southern part of this liland where that people tnofc fetled 
 • in a double (tream i the Hrlt from the Athenians that loved 
 the (btelinefs of their families, the other from the Lacedemoni- 
 ans who defrred rather the continuance of their families than Lmmkis.Grcc. 
 their greatnefs;*- < - " . . :,-r 
 
 The manner of conveying of cftates between party and Cofrjey.inccf 
 party was either by adt oi the party executed in his life time, inrfritin'*^. 
 or after his death : fuch as were executed in the life time of the 
 owner , and were fuch as for the moft part were in matters of 
 great moment-, were eftates palling by deed of convey-ance in 
 writing: and for this way the iS'j;)f^;/i were beholding to the 
 Lathier^ who taught them that courfe, both tor form and Lan- 
 guage ■■> and Alfred enforced it by a particular Law, viz. that all Ll.Stx.cap.jf . 
 fuch as hold Lands by Deed in writing (hould hold them accor- 
 ding to the intent thereof , and not alien the fame contrary 
 thercunto,the intent thereot being proved by the witneiles. The 
 nature of the conveyances in thcfe ancient times may appear 
 by a deed of one of the Kings of this Ifiand about 400 years be- 
 fore the Conquert,whereby he granted four plough lands in the 
 l{\eo[7enet^unto an Abbelfe i wherein inftead of that which we 
 now call the hjbendum^th<^ words are contuiimus pojfidendunt^&c J-Jahendtw 
 andafter that foUoweth the iifesot the Deed tuo ufui &e. and zTe 
 then concludes with a warranty, in thefe words, tu verofuccef- 
 forefqe tui defendant in -perfetuttm niinqttam me hdiredefqrte tneos TFarrantv 
 contra banc ckartulam aliquando ejfe venturos ;thc effedf of which 
 hli daufe may appear by the Law of the fale of goods, which in 
 thofe times was, that if the fale of goods warranted did not LI. Inac.c. "4. 
 hold, the lofs iTiould light upon the fellers. The Deeds were LL Sax. c.2.j. 
 ufually fubfcribed with the name of him that made the convey- Ll.Edw.c. i<,. 
 ance , or paiTed the eftate , and if he could not write his '^^5^^^* 
 name Cas it befell often j then the Deed was underligncd with 
 h.is mark : for Jf^/thered King of Kent ufcd the fign of the 
 Crofs in fubfcribing his grants /'ro ignoramia inerarum^ They 
 ufed alfo in thofe daies to feal their Deeds i for fo much the <^ , , 
 conclulionof King Inas's Charter to the Abby of GUlienbitry condl FT- 
 importeth , in words to this efled: in Englifli : / Inas the King p°i'58*. ''^ 
 do confirm this grant and liberty^ by fubfcriptian of my orvn hand^ 
 and under the feal of the holy Crofs. True it is Jngulphity tells 
 
 cL- us 
 
Io8 SAXONS, 
 
 us tbac feals to Deeds were of Norman original i I believe his 
 intent is concerning feals of Wax anexed or affixed unto deeds. 
 IVitne^es. L^ftly, in thofe daies alfo they ufed to attefl: their Deeds by fub- 
 fcribing the names of fuch as were prefent > who being of great- 
 er or meaner rank, rendred the credit of the Deed accordingly 
 Ack^iow- j^-Q^j. Qj. |g^5 valuable : and upon this ground did the acknow- 
 ledgm€nt, ledging or proving of Deeds before the King» Bi(hop> County, 
 
 or Hundred, hrftarife. 
 y. f That was the Konun h^\on'-> but the more ancient Ger- 
 
 o, y. - mm way of conveyance .was by livery and feifinj as moft fui- 
 
 Cracius. ^^^'^ ^° ^^^^''^ ignorance, who had learning in as flight, account 
 
 zsthtLacedemortixyishz^^ and cared for no more than woulji 
 ferve the turn of natural neceflity. A property they had both 
 in Lands and goods '•> and where that refteth, no man can deny 
 them the natural way of giving and receiving by delivery. 
 And therefore though matters of ordinary ufe feldom come 
 into the obfervation of ftory , and this petty ceremony might 
 very well pafs /m^ jj/ewf it; s yet we are not altogethec^left de- 
 flitute of the footfteps thereof in antiquity. For JEtbhald the 
 Concil. ErJr. Mercian King above eight hundred years ago gave the Mona- 
 -?-9» ftcry of Cutham , with all the Lands thereto appertaining to 
 
 Ghrift-church in Canterbury , and for the confirmation thereof 
 commanded a clod of earth with all the Writings to be laid 
 upon the Altar. Another monument hereof more ancient by 
 Concil. Brit. ^|^^ ^p^^^ ^j- ^bove an hundred years we find in that grant of 
 '^ ^' Withered King of Kent, of four plough lands in the Ifle of 7V- 
 
 7iet^ the latter part whereof this claufe concludes thus : Ad cu^ 
 jtis citmuUtm affirmationis cefptem hujus fupradida terra fuper 
 fanctum altare pofui, 
 Lafi tp'tll. But every man had liberty to execute the Law of his inhe- 
 
 ritance in his life time i for fome were furprifed with fudden 
 oecalions , and unexpeded iflucs and ends '•> and in fuch cafes 
 they did what rhey could to declare their intents by laft will , 
 which by common intendment being in writing hath occafi- 
 oned fome to think that the Saxons in their original had no 
 ufe thereof, being as they conceived fo illiterate a? not ha- 
 ving the ufe of writing i but theCharader remaining to this 
 day evinceth the coutrary , nor c^n thofe words of tacitHs , 
 
SAXON S. 
 
 109 
 
 & nullum e(i tejlamentum in any rational way be expounded in 
 
 this fenfe^if we confider the context, which runneth thus : Hjc- 
 
 redes & fuccejforst cut(jue liberty & imllum eji teJiameHtum* 
 
 Which in my opinion founds in this fenfe : The Heirs and 
 
 fuccelTours to every one are his children, and there is no teila- 
 
 mentary power to dillierit or alter the courfe of defcent, which 
 
 by cuftom or Law is fetled. Otherwife to deny them the ufe 
 
 of all tertamentary power, was a matter quite abhorring the 
 
 cuflorn of all the Grecians , from whom they learned all that 
 
 they had. Neverthelefs the 5<ia;/?«j' had not been long acquaint- m. weflm. . 
 
 ed with the Komanifis , but they had gotten that trick-of theirs An. 817. 
 
 alfoof difheriting by laft will, as by the teflament of JhtheU Malmsb.gcft. 
 
 rvolfe and others of the like nature, in Hiftories may appear. ^^' ^' ^' *" 
 
 The conveyances formerly mentioned concerned Lands and ,, , 
 goods i but if no fach difpofal of goods were, the ancient Ger- ^'^^"^* 
 man cuftom carried them after the death of the Anceflor pro- 
 mifcuoufly, or rather in common to all the children i but in 
 fucceeding times the one half by the Law of Edmond palled to 
 the reli<ft of the party deceafed , by force of contract: rather 
 than courfe of defcent. After him tJtvard the ConfefTor re- 
 colledling the Laws declared that in cafe any one died intcllate 
 the children fliould equally divide the goods, which I Cake to 
 be underftood with ^falvo of the wites Dower or portion. As yet 
 therefore the ordinaries hath nothing to do with the admini- 
 ftration i for goods pafled by defcent as well as Lands i and 
 upon this jCulTom the Writ de ratij,iahili parte boiomm was 
 grounded at the common Law, as well for the children as the 
 wifes part, according as by the body of the Writ may appear. F- N. Er. 121. 
 
 C H A P. 
 
no S j4 X O N S. 
 
 CHAP. XLII. 
 
 of times of Law a.nd vacancy* 
 
 S 
 
 Uch like^as hath been (hewed,was the courfe of Government * 
 ' in thofe darker times \ nor did the fundamentals alter either 
 by thedivtrhty and mixture of people of fevcral Nations in 
 the hr(i entrance , nor from the Vanes or Norntans in their 
 furvenue i not only becaufe in their original they all breath- 
 ed one air of the Laws and Government of Greece^ but alfo 
 thc7 vv'cre no other than common dictates of nature refined by 
 wife men , which challenge a kind ot awe in the fenfe of the 
 mod barbarous. I had almofi forgot one circumllance, which 
 tended much to the honour of all the refti that is their fpeedy 
 execution of Juftice i for they admitted no delays, till upon 
 experience they found that by (laying a little longer they had 
 done the fooner ; and this brought forth particular times of 
 Miror. cap. 4. exemption, as that of infancy and child-bearing, in cafe of 
 anfwering to criminal accufations. But more efpecially in cafe 
 Ll S X cap 10 ^^ regard of holinefs of the time • as that of the Lords day, 
 Coixil.' Brie. * Saints days, Vafts, Ember days •» for even thofe days were had 
 5;8. in much honour. Nor only days, but fcafons: as from Ad- 
 
 vent to the Odaves of Epiphany ^ from Septuagelima till fif- 
 teen daies after Eafter, or { as by the Laws of the ConfcfTor) till 
 eight days after Eafter » and from Afcention to the eighth day 
 after Pentecoli: > and though as Kiniis and times did change, fo 
 thefe feafons might be diverily cut out i as the Laws of Mfred^ 
 ^theljiaH) Jhtheldred^ Edgar^ Camans^ and Edacard^ do ma- 
 nifeft h y^t all agreed in the feafon of the year , and that fome 
 were more fit for holy obfervation than others. And thus by 
 ■the devotion of Princes , and power of the Clergy , the four 
 Terms of the year were cut out for courfe of Law in the Kings 
 Court, thercltof the year being ktt vacant for the exercife 
 and maintenance of Husbandry , and particular callings and 
 imploymcnts, faving that even in thofe times the Courts of 
 • rJie County and Hundred held their ancient and conltant 
 
 courfe. 
 
S yl X N S. Ill 
 
 courfe, Laft of all, and as a binding Law unto all, it was pro- M'ror. cap. 4. 
 vided that falfc Judges fliouid give (atisfad-ion to the party ^^^' 
 wronged by them, and ( as the cafe required ) to forfeit the rc- 
 liduetothe King> to be difabled for ever for place of judica- 
 ture, and their lives left to the Kings mercy. 
 
 CHAP XLIII. 
 Ml Epilogue to the Saxon GovernmofttJ* 
 
 ANd thus far of the joints of Saxon Government in 
 their perfons , precindts , Courts , Caufes, and Laws, 
 wherein as the diltance will permit , and according to my 
 capacity I have endeavoured to refrclh the Image of the Saxon 
 Common-weale > the more curious lineaments being now dif- 
 hgured by time ? afar off it fecms a Monarchy, but in ap- 
 proach difcovers more of a Democracy •, and if the temper of 
 a body may appear by the prevailing humour towards age , 
 that Government did itill appear more prevalent in all aiTaulcs 
 both of time and change. The hrfc great change it felt was 
 from the Vanes that formed them , and lliewcd therein much 
 of the wrath both of God and man. And yet it trenched not 
 upon the fundamental Law of the peoples Liberty. The 
 worft effect it had was upon the Church in the decay of 
 the power of Religion and the Worlhip of God. For after 
 much toil and Icfs both of fweat and blood, the Vanet 
 (finding that little was to be gotten by blows but blows i and 
 that the Clergy at the lealt was the tide-wind in the courfe of 
 all affairsj laid allde their Paganifm, and joyned with the 
 Clergy i and as their Converts and Pupils gained not only 
 their quiet rclidence , but the favour ot the Clergy to make 
 trial of the Throne , and therein ferved the Clergy (q well 
 as they brought the people to a perfect Idolatry, withtimes> 
 plac:;s, and perfons, and fubjediion of their elhtes to Church 
 tributes. And as at Tenis the Vane and Bitl^op ferved eacli 
 
 oth.i 
 
112 SAXONS, 
 
 other with the fond Countrey-man , that whether Lord Vane 
 or Lord Bilhop was the greater burden> is hard to be determi- 
 ned. Thus became ambitious Prelacy in its full glory , and 
 the poor Church of Chrift clouded in darknefs , and little hold 
 left for recovery, but only by the liberty ot the Saxon freeman s 
 which the Vanes could never conquer , not for want of will or 
 power, b-t of timcandoccafion i for the Crown returned to 
 tfie Saxon line again alter the half age of one man , although" 
 it was worn by three '■> fo God would have iti nor did any mor 
 nument of the Vanijh government remain, faving a few cu-' 
 ftoms in ibme places which flicw rather that the Vanes were' 
 there than ruled here. 
 
 To fummc up all. The Saxon Commonwes] was a building 
 of greatcfl: ftrength downward even to the foundation, arched 
 together both for peace and war. That by the Law of Decent 
 ners, wherein Juliice was the bond, this by their Armies ga-l 
 thcred, not by promifcuous flocking of people, but by orderly^ 
 - • concurrence of families , kindreds , and Deccnners, all choo^ 
 
 fing their own leaders > and fo honour, love, and truft confpU 
 red together, to leave no mans life in danger, nor death unre] 
 venged. 
 
 It was a beautiful compofure, mutually dependant in everj 
 part from the Crown to the down , the Magiftrates being al 
 choice men, and the Kingthechoiceilof chofenv eledion be-^ 
 ing the birth of efteem, and that of merit > this bred love and] 
 mutual trufl: , which made them as corner-ftones , pointed for-| 
 ward to break the wave of clanger i nor was other reward ex-j 
 pcded by the great men, but honour and admiration , whicl 
 commonly brought a return of ads of renown. 
 
 Laftly, it was a regular frame in every part fquared am 
 made even by Laws, which in the people ruled as lex loquem 
 and in the Magiftrate as lex intelligens^ all of them bein^ 
 grounded on the wifdom of the Greeks and Judicials of 
 hhfes. Thus the Saxons became fomewhat like the 'fervs^ 
 divers from all other people > their Laws honourable for the 
 King, eafie for the fubjed: i and their government above all 
 other liked unto that of Chrills Kingdom, whofe yoke 
 is cafie , and burthen light : but their motion proved fo 
 
 irregular 
 
NORMANS. 11^ 
 
 irregular as God was pleafed to reduce them by another 
 way. 
 
 CHAP. XL IV. 
 
 of the Norman entrAnce. 
 
 HTHus was 'England become a goodly Farm : the Britans 
 were the owners, the Saxons the occupants, having no 
 better Title than a poffeflion upon a forcible entry, with a con- 
 #/;;«j;/^j for the fpace of four hundred years, feldom quiet, 
 either from the claim and difturbances of the reftlefs Britans, 
 or invading Danes, who not only got footing in the Coun- 
 trey,but fettled in the Throne, and after gave over the fame to 
 the ufe (as it proved J of another people fprung from the wild 
 ftock of Ni^rjpur)/, and thence tranfplanted into a milder Cli- 
 mate, yet fcarcely civilized > that in one I(le the glory of God's 
 bounty might (hine forth to all the barbarifm of Europe in 
 making a beautiful Church out of the refufe of Nations. 
 Thefe were the Normans out of the continent of France , that 
 in their firft view appeared like the pillar of the cloud with 
 terrour of revenge upon the Danidi pride , the Saxon cruelty, 
 and Idolatry of both people i but after fome diftance (hewed 
 like the pillar of fire, clearing God's providence for the good 
 of thislfland, to be enjoyed by the facceeding generations. 
 Nor was this done by revelation or vilion,butby over-ruling 
 theafplring mind of Duke jyilliam of Normandy to be a fcourgc 
 unto Harold for his ufurpation, and unto the people for their 
 cauflefs deferting the royal ftem; yet becaufe the haugh- 
 tieft fpirit is ftill under fame and opinion , and cannot reft: 
 without pretence or colour of right and Juftice, the Duke 
 tirft armed himfelf with Titles, which were too many to make 
 one good claim i and ferved rather to bufie mens minds with 
 mufing, whiles he catcheth the prey, than fettle their judge- 
 ments in approving of his way. Firft, he was coufin german 
 to the ConfefTor, and he childlefs : and thus the Dake was 
 nigh, though ther€ were nigher than he i but the worft point 
 
 K in 
 
114 
 
 NORMANS, 
 
 Sbictlez- 
 
 ^ 
 
 in the cafe was that the Duke was a Baftard, ard fo by the 
 Saxon Law without the line i nor was there other falve thereto 
 but the Norman cuftom, that made no diflference i fo as the 
 Duke had a colour to frame a Title, though England had no Law 
 to allow it i and this was the beft flower of his Garland, when 
 he meant to folacehimfelf with the Engli(h, as may appear by 
 what his Son Hf«r)» the firft fcts forth to the World in his 
 Charter, whereby he advanced the Abby cf Ely into the degree 
 of a Biftioprick, and wherein amonglt his other Titles, he calls 
 himfelf Son of JFiUiam the great, ^i Edtvarda Kegi JucceJJit in 
 regnum jure hireditario. 
 
 But if that came (hort,hc had the bequeft of the Confcfibr, 
 who had deigned the Duke to be his fuccefTor ; and this was 
 confirmed by the confent of the Nobility , and principally of 
 [y'n ** R^ '^ Harold himfelf, and in afTurance thereof promifcd his Sitter to 
 Iiul^'f. ^6 ^Jic Duke in marriage. This countenanced a double Title, one 
 by Legacy, the other by Eledion, and might be fufficient if 
 not to make the Duke*s Title juft, yet Harold's the more unjuft, 
 and to ground that quarrel that in the concl-ufion laid the Duke's 
 way open to the Crown : And for the better varnifh the Duke 
 would not be his own ]udge,he referrs his Title to be difcuited 
 at the Court of Kome^ and fo flattered the Pope with a judica- 
 tory power amonglt Princes ("a trick of the new ftamp) where- 
 by he obtained fentence in his own behalf from the infallible 
 Chair: The Pope glad hereof laid up this amongft his trea- 
 fures as an efioppel to Kings for times to come ; And the King 
 made no lefs bencHt of eftoppel againft the Englifli Clergy that 
 orherwife might have oppofed him, and of aflbrance of thofe 
 to him that were his friends, and of advantage again fl; Harold^ 
 M.Paris, z. that had gotten thcCroyvn fine Ecc left ajiic a authoritate znd by 
 that means had made Pope Alexander and all the Prelates of 
 England his enemies. 
 
 But if all failed, yet the Duke had nowa juft caufe of quar- 
 
 fJtfi Ttt re! againft HjirflM for breach of Oath and Covenant, wherein 
 
 LaJm s. if Harold chdiuced to be vanquiflied,and the Crown offered it 
 
 felf fair i he might without breach of Confcience or modefly 
 
 acceptthereof,and be accounted happy in the fin-ding, and wife 
 
 in the receiving J rather than unjuflly hardy in the forcing 
 
 thereof 
 
NO R MAN S, 115 
 
 thereof. And this might cccafion the Duke to chaU 
 Icnge Harold to fingle Combat , as if he wovUd let all 
 the World know that the quarrel was Perfonal , and not 
 National. 
 
 But this mask foon fell off by the death of H^ro/^, and the 
 Duke muft now explain himfelf, that it was the value of 
 thcEngliOi Crown, and not the Title that brought him over. 
 For though he might feem as it were in the heat of the chafe 
 to be drawn to London^ where the Crown was, and that he ra- 
 ther fought after his enemies than it ; yet as foon as he perceived 
 the Crown in his power, he difputed not the right , although 
 that was E<r/gjrV, but poffcfled himfelf of the long delircd 
 prey : and yet he did it in a mannerly way, as if he faw in it 
 fomewhat more than Gold and precious Itones : for though he 
 might have taken it by ravifhment, yet he chofe the way of 
 wooing by a kind of mutual agreement. Thus this mighty 
 Conquerourfuffered himfelf to be conquered, and flooping 
 under the Law ot a Saxon King he became a King by lieve: 
 wifely forcfeeing that a Title gotten by Eleftion is more cer- 
 tain, than that which is gotten by power. 
 
 CHAP. XLV. 
 
 That the title of the Norman Kings to the Englijh Crown 
 was by ele&ion, 
 
 SOme there are that build their opinion upon padionate notes 
 of angry Writers, and do conclude that the Duke's way 
 and Ti^lc was wholly by Conqueft, and thence infer Hrange a- 
 phorifms of ftate deftrudlive to the government of this King- 
 dom. Let the Reader plcafe to perufe the enfuing particulars, 
 and thence conclude as he (hallfee caufe. 
 
 It will eafily be granted that the Titleof conqueft was nev-er 
 further than the King's thoughts , if it ever enured therein \ 
 elfe wherefore did he pretend other Titles to the World > But 
 becaiife it may be thought that his wifdom would not fuffer 
 him to pretend what he intended, and yet in pradice intended 
 
 R 2 not 
 
tl6 NORMANS, 
 
 not at what he did pretend : it will be the skill of the Reader to* 
 confider the manner of the firfl: WiUam's Coronation , and 
 his fucceeding government. His Coronation queftionlefs 
 was the fame with that of the Ancient Saxon Kings s for he 
 was crowned in the Abbey oilVejlminfter by the Arch-Bifliop of 
 ICork^^ becaufe he of Canterbury was not Canonical. At his 
 Hottdun. Coronation he made a folemn covenant to obferve thofe 
 hadmr.-. tlifi, Laws which were bon£ & approbau & antiqu£ le^es Kegni^ to 
 A ip. 15. defend the Church and Church-men , to govern all the peo- 
 Ai. ?4m.r;V. pie jufily , to make and maintain righteous Laws, and to 
 GuHelm. inhibit all fpoil and unjuft judgements. The people alfo en- 
 Malmsh.li, trcd into Covenant with him , That as well within the Land' 
 mln ^^ without they would be faithful to their Lord King JViHiam^ 
 
 c-/i». io&6. ^"^ ^" every place to keep with all fidelity his Lands and 
 Glqff'ar. Honours, together with him, and againft enemies and ftrangcrs 
 
 JL/,6'«;.5/';W/. to defend. It is the felf fame in fubftancewith the fealty 
 iv?. that the Saxons made to their Kings , as will appear by the 
 
 paralelling them both together. The Saxons were fworn to 
 defend the Kingdom againft ftrangers and enemjes, together 
 with their Lord the King, and topreferve his Lands and Ho- 
 nours together with him with all faithfulnefsj fo as by the 
 Saxon way the allegiance firft terminated on the Kingdom, 
 and then as in order thereunto upon the King with his L,ands 
 and Honours : but the Norman either wholly omitted the firft, 
 as needlefs to be inferted in a municipal Law, it felf being » 
 Law in nature ; or elfe includethall within the, words Lands 
 and Honours , taking the fame in a comprehenfive fence for 
 the whole Kingdom , and fo made up the fum of the Saxon 
 fealty in fewer figures, which may feem the more probable.of 
 the twain, becaufe little reafon can be rendred why the King 
 ft^ould reftrain that defence to his private Lands C if he claim- 
 ed all by conqueft) when as all equally concerned him i or 
 why he Oiould exclude the publick , when as both himfelf 
 and all he had was cmbarqued. therein , and it might fubfift 
 without him, but contrarily not he without it , appeareth 
 not to my underftanding-, nor did the thing enter into the 
 King's purpofCjif the file of his purpofcs be rightly confidered:: 
 for fpcaking c.oncaning Caftles , Burroughs, and Cities, 
 
 which 
 
NO RMAN S. 117 
 
 which are in nature limbs of the Common- weal, he faith 
 that they were built for the defence of the people and King- LhGuhSftcil 
 dom •, was this the fervice of walls and fortiHcations , and "^^^ 
 not much rather of men within thofe places of Ihength ? Cer- 
 tainly the plain EngliOi is, that in time of breach of publick 
 quiet and peace, the fubjeds were bound to defend the King- 
 dom, and in order thereto the people of the fame , and of the 
 King's right included in the publick defences elfe it were a 
 ftrange conclufion, that each man in particular , and in their 
 own perfon alone was bound to defend the King's right i but 
 being imbodicd, the Kingdom. And yet more clearly it's ap- 
 parent in that the fervice of the order of Knight-hood, which 
 was the chief ftrength of the Nation in thofe days, was de- 
 termined upon the fervice of the King , and defence of the . 
 Kingdoms or which is more plain, for the fervice of the'' ""^^ 
 King in or for defence of the Kingdom, as the llatute of ' " •>• 
 Morfm-sr/w expounds the fame. But not to force the King's j -, e i 
 feru:e by argument i if the King had purpofely omitted that" 
 claufe of the Kingdoms fafety as of inferiour regard to his 
 own perfonal intereft i it was one of his raflicli digrcllions, 
 wherein he foon efpied his errour : for in the midfl of his " 
 itrong and conquering Army he held himfelf unaiTuri-d, un- 
 lefs he had a better foundation than that which muft change 
 with the lives of a few at the utmoft. And therefore bcfides 
 the oath of fealty formerly mentioned he elhblilhcd a Law 
 of alTociation , that all free- men fliould be fworn Brethren i LI- Gv.lldHi* 
 I . To defend the Kingdom with their lives and fortunes againfi: %'^'^- •))■ 
 all enemies, to the utmofi: of their power. 2. To keep t!';c 
 peace and dignities of the Crown* 5. To maintain right and 
 jufticeby all means, without deceit and delay. Joyn then 
 thefetwo Oaths together, viz, that of fealty, and this of fra- 
 ternity •, and it will cafily appear , that the allegiance of the 
 Englifli to the Norman Kings was no other than what might 
 ftand with brotherhood, and tender regard of the publick 
 above all: and differing from the Saxon fealty only in this, 
 that, that was in one Oath, and this in two. Wherefore what- 
 foever refpeds fleered in the rear of the King's courfc, it's Icfs 
 material fo long as the van was right, albeit that the fcquel will 
 
 prove 
 
Il8 NORM AN S. 
 
 prdve not much diiferentfrooi th€ premifTes, as will 2j:pear in 
 the foot of the whole account. 
 Thus entred the firft Norman upon the Saxon Throne : 
 WiV'iam and as he had fome colour of right to countenance his ccurfe, 
 liufus, fa had his Son his Father's laft Will, and yet he had as little 
 
 right as \\c. This was IVtlliam Kufiis that was of his Father's 
 way, but of a deeper die-, and therefore might well be called 
 Wil^i.tm Ktffus^ or iniliam in grain. He was exceeding happy 
 in thi fear or favour of the people, for he had nothing elfe to 
 make room for his I ifing. True it is he had the good will of 
 hisFather, but he was dead, and probably the people as little 
 regarded ir, as he did them. Nor was it ever obferved that the 
 Erglifh Crown was of fo light account, as to pafs by devife 
 ot cestui qne ufe \ and therefore though it was defigned to him 
 frcmhisFather, yet both right and poffe (lion was left to the 
 people to determine and maintain. The Clergy firft led the 
 J U'ay, having firfUaken a recognifance of him for liis good bc- 
 
 ^^^/Mfr. '/^- haviour towards them, which he aflured as far as large pro* 
 A^f ?"•// niif-s and proteftations would ferve the turn : and within 
 one year after, rtanding in need of the favour of the Commons 
 (to maintain poffeilion againft his Brother Robert) he gave 
 them as good fecurity as the Clergy had > which he kept in 
 fuch manner, that it was a wonder that one of fo fmall intereft 
 in the Title, but what he had by the peoples lieve and favour, 
 fhould rule in fuch manner, and yet die a King: The fa- 
 vour of the people being like a meteor that muft be continu- 
 ally fed, or it foon goes out and falls : for evident it is that the 
 right of inheritance was his elder Brother Kohert^s ^ who was 
 the braver man, and more experienced fouldier, and upon thefe 
 xVl. Vjvis. principles had obtained the love of the Norman Barons (the 
 <-4n. jo8S. flower of his Father's Chivalry Jand the liking of the Clergy ,af- 
 ter they had found by experience theemptinefs of their hope in 
 his Brother ff^////<:?w, and was every way fo ' fuperiour to his 
 Brother in advantages, as we arc left to believe that IFilliam 
 got the day without any other ground but only that God 
 would (o have it. It's true the Englifh ftuck clofe to him s but 
 how they were gained or contained, Writers fpeak not, but 
 tell us of his promifes , which alfo they tell us were vain, 
 
 snd 
 
NORMA NS. 119 
 
 and never had iffuc further t!:an wculd liand with hhS 
 profit. 
 
 lix'tt Wiiiam Kufus^ivd in <:omcs his younger Brother Henry henry frCt. 
 the Hrft of that name : A Prince that excelled in wifdom, snd 
 by it ruled his courage, which lervcd him fo far as his aims 
 and ends reached ; His title was no better than his Father's or 
 Brother's, but rather worfe ; for he had no colour cf laft will 
 to propound him to the people, and his elder Brother Kobert 
 was ftill alive, and by his fervice of the Church in the War of 
 Jerufalem might merit that refpe<a of the Clergy, as not to per* 
 mit him to be a lofer by fo well defcrving fervice, as in thofe 
 days that was accounted. Neverthelefs the Englilli look 
 upon Hf/fr)( as the titter man for their turn i being now at 
 hand and Kohert at Jernfalem, and being a native born m »g- 
 land^ civilized into the Englirfi garb by education , and of a 
 wifer and fairer demeanour, and m.ore inclining to peaceable 
 government, which both Normans and Lngliih much inclined 
 to as being weary of thirty years fervice in the War?. And 
 therefore It's rMDt marvellous if they applied thcir.fclves to him 
 inaway of capitulation , and kfs wonderful if l^c hearkned A^'j'-V pJ'^^' 
 thereunto-, and yet neither unadvifedly yielded unto by him, u^^'^- 
 nor traiteroufly propounded by them, asfomc in zeal to Mo- "^''""Z *"' 
 n-archy conclude the point. The word: of the whole matter ^'^^' ' 
 rcrting in this, that the King bound himfel-ftobc juft, that he 
 might be greaf, and the people to fubmit unto Judice, that they 
 might be free , like as their Ancellors were, anil themfclves by 
 the Law eftablilhed ought to be. For the capitulation was in 
 fubftance fettled by the ancient Laws of the Saxons mixed with 
 fome additions of Laws made by the King's Father, with the 
 joynt advice of the grand Council of the Kingdoms all which 
 both the Norman Williams had often confirmed by folcmn pro- 
 teftations and promifes , however their adions upon fuddcn 
 i\ix\)u(d\'WZxQmal<£ conftietndines dJ\^ exactiones in]H\X£^ by this 7,',./. pj./^ 
 King's own acknowledgement. Thus ihefe thtee Norman 
 Kings made their way to the Throne \ the firfl , by arms, 
 under colour of title : the fecond, by a kind cf Title, under co- 
 lour of arms \ and the laft by favour: but all entred the fam.e 
 by capitulation, ele^ion, and Uipulation •, and for the general 
 
 had 
 
i2o NORMANS. 
 
 had feme regard to fuit their courfe in order of retaining the 
 good will of their people, although in a different meafurc, ac- 
 cording to the differency of occafions. 
 
 CHAP. XLVr. 
 
 That the govevftment of the Normans proceeded npon the 
 Saxon principles^ and firji of Parliaments. 
 
 T^He principles which I mean, arethefe: Firft,the legiflative 
 power and influence thereof upon the whole. Secondly, 
 the members of that government, with their feveral motions. 
 Thirdly,the laws and cuftoms or rules of thofe motions;and firft 
 concerning the legiflative power. Although it be true that the 
 firfl: lyiHiam's great and moft conftant labour was to have and to 
 hold, and had but little time or liberty to enjoy, yet that time 
 of reft which he had, he did apply it and himfelf in the fet- 
 ling of the Laws by the advice of Common-council : I fay,not 
 by advice of his own heart, or two or three Norman Lords, or 
 Sftdkg.f.<j. of the Norman Nobility only, as fome men take the confi- 
 dence to aver, as if they had been eye-witnefles to the zGt'> 
 ons of thofedays: but by the joyntadvifeof thegrand Coun- 
 cil of the Lords and wife men of the Kingdom of England, 
 I will not in(i(t upon force of argument to (hew that common 
 rcafon muft of neceflity fway theKing into this courfe, but 
 (hall rcTerve that to another place : the teftimonies of Writers 
 muflnow ferve the turn ; and herein the teftimony of the 
 Chronicle of Liechjield mud have the firft place, which fpeaks 
 both of a Council of Lords, and faith that by their advice he 
 caufcd to befummoned a meeting of all the Nobles and wife 
 men through all the Counties of England ^ to fet down 
 their laws and cuftoms. This was in the fourth year of his 
 reign, or rather after his entry : andasfoon as the Kingdom 
 was brought into any reafonable pofture of quiet ; and which 
 belldcs the intention of governing the Kingdom according 
 unto Law doth ftrongly pretend that the Parliament had the 
 
 i.^illaCivc 
 
NORMANS. 121 
 
 legiflative power and right of cognifance, and judicature in 
 thofe Laws that concerned the Kingdom in general ■-, and for 
 the particular Laws or Cuftoms of feveral places or Precjnds,it 
 was referred to-a Committee or Jury in every Cbuhty to fet' 
 them forth upon oath. , ' 
 
 Secondly, that this Councel had power to change Laws may 
 likewife appear in that A(3: made concerning the introdudion .. 
 of the Canon Law, which (lie ws not only the power of that ^^^'^■^;^]^^^^' ^ 
 Council in Church- matters, but alfo that the Canon was no 
 further in force than the fame would allow •-, and this was alfo 
 done by the Common council, and the Council of the Arch- 
 Bi(hops, Bi(hops, Abbots, and all the Princes of the Kingdom \ 
 which connexion n-iews plainly that there was Council befides 
 that of the Prelates and Princes. 
 
 Thirdly, in matters of general charge upon the whole body 
 of the people, the King ufcd alfo the help of this grand Coun- 
 cil, as may efpccially appear in the charge of arms impofcd LlGuhcUn. 
 upon the fubjecfJs i it's faid it was done by the Common council ^ s 8. S^taL 
 of the whole Kingdom \ as is wifneffed even by the King's own 
 Law. It may feem alfo that the grand Officers of the ftate were 
 eleded by fuch grand alTembly of the wife men^for we find that 
 Lanfrank^ was eleded to the See of Ci«;/f erWj' by the aflcnt of '-^"^''^ ^*'' 
 the Lords and Prelates, and of the whole people, that is.by the-^'' * ''°* 
 Parliament of England : and as probable it is that Bi(hops were 
 therein alfo ele(3:td, for that the Bifliop of Liechfield refigned 
 his Bifhoprick in fuch likeafTembly, if the meaning o^ Lanfrank^ 
 bcrightlyunderrtood, who faith in his Letter that it -was. in' /^-"'°''- ^'^'^^• 
 conventnEpifcoporum atque Laicorum. '-'• " ' ' t>^». 1070. 
 
 Laftly, that one Law of this King's which may be called the 
 firft Magna Charta in the Norman times, by which the King 
 referved to himfelf from the freemen of this Kingdom no- 
 thing but their free (ervice, in the conclufion (aith that theif ^^- *^"^''^''" 
 Lands were thus granted to them in inheritance of the King ^- ^^* 
 by the Common council of the whole Kingdom, and fo alTerts 
 in one the liberty of the free-men , and of the reprefenti- 
 tive body of the Kingdom. Thefe footfteps of the Parlia- 
 ment find we in the Coriquerour's time , belides other more 
 general intimations fcatt^red amongft the Hiftorians , whidi 
 
 ^« - S may 
 
122 NORMAN S. 
 
 may induce opinion to it's full HreEgth, that this King however 
 Cocqucrourhe was,yet made ufe of this additional power of 
 Parliament to perfed his deligns, and it may be more often 
 than either of his Sons that yet had lefs pretence of fuperlative 
 power to countenance their proceedings. 
 
 fViUiam Kufns was a man of refolution no whit inferiour, if 
 not furpaffing his Father, and had wit enough for any thing 
 but to govern hisdefircs, which led him many times wild, 
 and might occafion conceit that he was almoft a mad King, 
 though he were a witty man-, and therefore it's the lefs marvel if 
 he ufcd not the help of the Common- council more than needs 
 muft i where Kings many times are told of that which they are 
 loth to know. Neverthelefs JViHiam the fecond could not pafs 
 over thirteen years without a parley with his Commons and 
 Clergy i unlefs he meant to adventure a parley between them 
 and his Brother K^^frt, who like an Eagle eyed his pofture, 
 though he hovered afar off. 
 
 But Henry the firft was more wife, and being trained up even 
 from the Cradle in the EngliCh garb, moralized by Learning, 
 and now admitted into the Throne, found itthewifeft courfe 
 to apply himfelf to the rule of an Englifli King , viz. to win 
 and maintain the good opinion of the people by conforting 
 together with them under one Law , and pledging himfelf 
 thereto by taking unto Wife one of the Englifli blood-royal : 
 by this means he refeifed and reallumed the Engli(h in partner- 
 (hip with the Norman in their ancient right of governmentiand 
 reconciled the minds of the people under a lively hope of en* 
 joying a fettled government. Nor were they greatly deceived 
 herein i for his courfe was kfs planetary than that of either 
 of his predecedbrs, and yet we tind little fa id of his parley wiih 
 his people in a Parliamentary way, although more of his Laws 
 than of any of his predeceffors. Thereafon will reft in this, 
 that the writers of thofe times touch more upon matters of 
 ordinary than political obfervation , and regarded rather thq 
 thing than the place or manner how. The Laws therefore 
 although they are not entituled as made in Parliament , yet in 
 the continuation of the Hiftory of Bede it's noted that the King 
 renewed or conhrmed the ancient Layvs in Concilh per itorum & 
 
NORMANS, 123 
 
 freborumvirffrumregni ^«g//>, which may give fufficent caufe ■Bf'^e ^'/ ' 3 • 
 to fuppofe that he declined not the ancient way no more than ^- 1^- 
 he did the ancient Law. 
 
 CHAP. XLVII. 
 Of the Franchife of the Church in the Normans time, 
 
 THe Canon Law that ever fince Aujiin's coming like 
 Thunder rumbled in the Clouds,now breaks forth with 
 confufion to all oppofers. It had formerly made many 
 fair proffers of fervice to this Ifland, but it was difaccepted as 
 too ftately to ferve, yet by often courtefies received, it was al- 
 lowed as a friend afar off. For the vaft body of the Roman 
 Empire like a body wafting with Age, died upward, and left 
 the Briitans to their own Laws before the fecond bcaft was 
 grown, which being young was nourifhcd under the Impe- 
 rial Law of thefirftbeaft, till it grew as ftrong as it's dam, 
 and began to prey for it felf. The Empire perceiving it's grey 
 hairs, and the youthful courage of this upftart , was glad to 
 enter mutualleague with it, the one to maintain the Eccle- 
 fiaftical Monarchy of the other , and that the Imperial Mo- 
 narchy of the former i and fo became the Canon and Imperial 
 Law to be united , and the profeflburs to be utriufque jttrif. 
 But this parity continued not long j the young beaft looked 
 like a Lamb, but fpake like a Lyon i and confrarily the Eagle 
 had caft it's Feathers and could towre no more j fo as by this 
 time the Pope was too good for the Emperour, and the Canon 
 Law above the Imperial i yet allowing it to ferve the turn ; 
 and fo the profefTours of both Laws became Students in the 
 Civil but pradlifers of the Canon. This compofition thus 
 made beyond theSeas, the great work was how to tranfport it 
 over into this Ifle : for the Emperour could entitle the Pope 
 to no power here, becaufe none he had. Anjiin the Monk un- 
 dertakes the work •, he offers it to the Britans under the good- 
 ly Title of Univerfal Bifhop; but they kept themfelves out 
 
 S 2 of 
 
124 
 
 NORMANS, 
 
 , . of Canon-ftiot. The Saxons allowed the Tifle, but liked not 
 thc.power.i The Monk obferved, the ftop, and left time l;<j> work 
 out that which prefent cunning could not, being content fox 
 * /. FJvix. X . the prefent that a league of cohabitation fhould be made between 
 the two Swords, though the fpiritual were for the prefent un- 
 derling, notdefpairing that it would work out it^s own way 
 over the Saxon Law, as it had done over the Imperial. Nor 
 did his conceit altogether fail i for the Saxons by little allowed 
 much, and the Danes more > although the main was preferved 
 until the Normans came upon the (tage, who made their way 
 by the Pope's licve, and gave him a colour of fomewhat more 
 than ever any of their Saxon predeceflbrs had done, and to 
 gain the more quiet polTcdion of the Crown to themfelves, 
 allowed the Pope the honour of their Council, learned to draw 
 the conveyance: which as fome think was made advantageoufly 
 for the Pope himfelf in point of tenure, but more probably in 
 the covenants. . For the Conquei;our was fcarce fettled in his 
 SpidLi67. feat, but the Canon Law began to fpeak .in the voice of a 
 lux Mart.}. ^. Royal Law : Firft complaining of mifgovei;nmenf , as if the 
 Church were extremely wronged by having the fame way and 
 Law of Trial with the Commons of England^ and then pro- 
 pounds four feveral expedients , enough to have undone the 
 whole Common weal in the very entrance ; had not the 
 fuperftition of thofe times blinded both Parliament aftd people, 
 and rendred them willing with that which their fucceffours in 
 future ages often repented of. 
 
 No offence againlt the Bishops Laws (hall behandledin the 
 Hundred.. 
 By the Saxon Law Church- matters l?4<l:the pieheminencebbth 
 in the Hundred, and in the County,and it was the BiChpp'sduty 
 to joyn with the Sheriff in thofe Courts, to direi^ and fee to the 
 adminiftration of juilice : and yet the Canon had been above 
 three hundred years foregoing in the negative. 
 
 No cafe concerning the Regiment of Souls (hall be brought 
 before the Secular Judge. 
 
 The Regiment of Souls was a common placQ Sufficient to 
 contain any thing that was in order thereunto : and fo every 
 one that hath a Soul muft be no more refponfal unto, the 
 
 temporal 
 
Nd''R'/li)4Ws. 1^5 
 
 tfeiialporal Judgefqi-atty: ufiiftA ^^r'ryilf^'Jw ,'^bidfa!Wf»^!Ph'^ 
 Ecclefiallicalf bwer: and/Ws-nDt-oftlyiff cfrfTe ' 6t- feihtlali, a9 
 agaiiTJt the moral Law orruk Of f aitlH , bilt ♦or- difobedie^ 
 done to theCanon^, fnade^far off, concerning any geOure (f)§p 
 earb that may coAie within -the favour of an Ec<2lefiartical 
 jjonceit. ' -•' .. !--.Jcl;'^> -.v.. ■:,'.. c Ir. .n ,. vi •.;,.!- ..- 
 
 That all delinquents agiinfl: the-Binio^s Laws' Hiall ■ a'tifwcf 
 the fad in a place appointed by the tifl'iop to that end. • "• "J 
 So as now the Eilhop hath gotten a Court by the Statute? Lj^ 
 that had formerly no other Cards to (hew but that of the Ca- 
 non, and a Court of fuch place as the Biiliop fliall appoint jho w- 
 ever inconvenient for dilhnce or ancertainty itb.:.-'^"^^^ ^'^^ ^*^'? 
 That the trial of fuch matters (hall be according td the law'of 
 the Canon, and not according to that of the Hundred. 
 
 That is, not by Jury, but by witnelTcs, in acl-andellinc way 
 if the BiQiop pleafe, or without any accufer, or by more fern- 
 tiny, or any other way that may referve the Lay- man to the 
 breafi: of a prepofleffed fpirit of the fpiritual Judge. And thus 
 the poor Coumrey- man is cjipofed to 'the cenfure of an un» 
 known Law in an unknow n Tongue, by an unknown w4y i 
 wherein they had no footing but by an implicit faith : And 
 herein the providence of God (I imagine) was more manifelt 
 than the wifdomof Man, which was too weak to forefcc 
 events at Co great adiliance s For queftionlefs it was a point 
 of excellent wifdom for the people (now under a King of a 
 rugged nature that would not iHck to catch whatfocver he 
 could get j todepofit part of their liberties into the hands of 
 the Clergy \ from whom the moderation might be expedled as 
 from friends and neighbours,' and fas partners in onq (hip) 
 mutual engagemei:it to withftand the waves of prerogative of 
 Kings that feldom reltscill they break all banks, and fomctimes 
 over- reaches it's own guard,and cannot return when it would. 
 And thus it fell out i for many times the Pope and Clergy 
 b€t;an:ieprotedors of the peoples liberties, and kept them fafe 
 from the rjge of Kings, until the time of reititution fiiould 
 comes and became not only a wall of defence'tothe one, but 
 a rock of ofl&nce to the other. For the Tripple Crown could 
 never folder with the Englifli, nor it with that j the ftrife wks 
 
 for 
 
126 hlORMAN S. 
 
 for prerogative, wherein if the Clergy gained, the Crown loft, 
 
 &nd no moderation would be allowed. For the conquering 
 
 King was fcarcc warm in his Throne when as the Pope de- 
 
 S^lcil. iff4. manded fealty of hini for the Crown of England , and the 
 
 haroniut ^' lying's own good Arch-Bi(hop and friend Lanfrank^ delivered 
 
 nal.^n. the mcfTage V as alfo/^^i/f/zw did afterwards to William Kufus, 
 
 1058. which though thcfe Kings had courage enough to deny, yet it 
 
 fhewcd plainly that the Popes meaned no Icfs game than 
 
 Crown-gliekewith the King and people, the Arch-Bi(hops 
 
 and Bi(bops holding the Cards for the Pope , while in the 
 
 interim he overfaw all. The Norman Kings thus braved, 
 
 paid the Popes in their own Coyn , and rcfuled to acknow- 
 
 EaJnjcr. Hijl. ledge any Pope but fuch as are rirft allowed by their concur- 
 
 /. I />• 1^ rence. 
 
 Thus have we the fccond bravado of the Canon Law •, for 
 as yet it was not fo fully entered, as it feemed. The words of 
 the A(5t of Parliament it's true were general > yet their fence 
 was left to time to expound, and the courfe of fucceeding af- 
 fairs neverthelefs pafTed with a non objiante. . For whereas in 
 tFo^e days the Clergy claimed both legillaiive and executory 
 power in Church-matters>the Normans would allow of neither, 
 but claimed both as of right belonging to the Imperial power 
 ot this Illand, originally and only. As touching the legifla- 
 tive power, it's evident that notwithftanding the Canon that 
 had long before this time voted the Laity from having to 
 do with Church-matters i yet the Norman Kings would ne- 
 ver allow to the Metropolitans the power of calling Synods 
 EaJnier. Htjl. ^^^ ^^^j^ meetings, but by tlTeir lieve , although it was ear- 
 %Uil V'* »^c(\ly contended for. Neither could the Clergy prevail to 
 J* exclude the Laity out of their Synods , being affembled , nor 
 from their wonted privilege of voting therein i albeit that 
 for a long time by Canon it had been contradi(3:ed. The dif- 
 ferences between the Clergy and the Kings concerning thefe 
 and other matters grew fohot, that Kings liked not to have 
 p -n I any Synods or meetings of publick Council', and Arch-Bi(hop 
 VaCul P P ■^^P^'*' complained that William Kufuf would not allow 
 any to be called for thirteen years together : which by the fik 
 of ftoiy^ compared with that Epiftle, nude up the King's wh©le 
 
 Reign. 
 
NO R AJjiU 9. 127 
 
 Reign. And this was queftionkfs the caufe that we find fo 
 little touch upon PaTUainentary aflemblies in the Norman 
 times, Kings being too high to be controuled , and Bifhops 
 too proud to obey j but nceeilicy ot" State, like unto fate pre- 
 vails againft all other inter^fts whatfocvcr ■? and the wildom 
 of Henry the firrt in this prevailed above that of his prcdecef- 
 fors, as far as their will was beyond his. For it was boot- 
 lefs for him to hold out againft the Church that Ibod in need 
 of all forts to confirm to him that which common right (as 
 then it was taken) denied him i and therefore (though it coft 
 him much trouble with Anfelm) he re-conrinued the liberty of 
 publick confultations, and yet maintained his dignity and 
 honour feemly well. I fhall not need to clear tliis by par- 
 ticulars, for befides the publick confultations at his entrance, 
 and twice after that, for fupply or aid for his Wars, and the 
 marriage of his daughter with the Emperour, it's obferved 
 that the Arch-Bilhopof C^>/«^r^«r)i fummoned a Council at 
 jrejimiH^er^ but it W3ls authoritate Regia^ and that there affem- 
 bled magH£ mtUtitHdines Clericorum^Laicsrnm^tam divitum quam Conten. 
 mediocriHtn \ and that upon the third day the debate was de ne- n\norn. 
 gotiis j£cularibnt Honnnlis : The iiTue of all was , that fome '-^"- 1x17. 
 things were determinata , others dilata , and other matters 
 propter mtninm £J}Hantis turbx tHmHltnm ah audientia judicart' 
 t'mm profiigata. Out ot which may be probably concluded, 
 I. That the Laity as yet were prefent in Councils with the 
 Clergy. 2. That they were all in one place. 3. That they all 
 had votes, and that the major number concluded the matter. 
 4. That certain perfonsufed to determine of the major number 
 by the hearing, and that the votes were ftill clamore non calcw 
 lit, 5. That they held an order in debating of affairs, viz, on 
 fome days Ecclefiatlical, and on other days fecular. 5. That 
 all matters concluded were atteficd by the King , who as 'tis 
 faid, did give his confent, and by his authority did grant and 
 confirm the fame. And upon the whole matter it will be pro- 
 bable that as yet Councils , and thofe now called Parliaments 
 dilfered not in kind, although poflibly there might be difference 
 of names,in regard tjpat fome might be immediately and mainly 
 occafioned, and urged by Temporal exigences, and others by 
 
 Eccle* 
 
12^' NOn'AIAN S. 
 
 Ecclcfiaftical ; but whether Temporal or Ecclefiafikral the firft 
 occafion was, yet in their meetings they handled both asoeca- 
 fion offered it (elf: ' '■ '-^ ••^'/' ''' "» r^'i'Jo . ^r'^'^''- '* 
 
 Setondly, as the Clergy could 'not attaih the fole legiflativc ' 
 pb^wer, fo neither had they the fole juridical power in Eccle- 
 liaflical caufesi for not only in cafe of errour in the Eccleliafti-' 
 cal Courts was an appeal rcferved to the King's Court, as for- 
 merly in the Saxons time: buteVen thofe things which feem- 
 cd properly of Ecclefiaftical tdgnifahce were pofTeffed by' 
 the'K?rg'sCourt in;the-fii^(lfinftan<fe, as- that of F^/er-; pence-' 
 which was a Churcl>tribute,8c might beclaimed to be properly 
 tl Gulicliij. the Cluirch cognifance much rather than Tythesj and yet by 
 c. 10. the Law of this Kingdom in the Conqutrour'stimeit is efpe- 
 
 Svial. iSo. cially provided , that defaults-of payment of that duty fhall 
 be amended rn'the'King's GoUrt, and a fine for default Was 
 gix'eh irothc'Kin^, albeit that' tlie Bifhop was made the Col- 
 red:or, and the Pope the Proprietor. And many other parti- 
 culars, which were holdcn to be of Ecclefiaftical cognifance, 
 Kings would draw them within the compafs of maintaining 
 theptacedf tlieChurcTi, which properly belonged to them to 
 defend j and (o had the cognifance of them in their own 
 Courts, and fines for invafion of the Church-rights. But be- 
 caufe this may feem but colourable , and by way of flattery of 
 the Churches right, and not in oppofition thereof: In other 
 things it will appear plainly that Kings were not nice in vin- 
 dicating their owri claim in matters which the Clergy held 
 theirs quarto modo , as namely in the cafe of excommunica- 
 tion, a weapon firflYafhioned by the Church-men , and in the 
 cxcrcife whereof themfelves were in repute the only mafters > 
 and yet in this were maftered by Kings, whofe Laws direded 
 FachncY. / ifi. ^^^ reftrained the fwellingof that cenfure, and made it keep 
 '^^ '^ m^^afure i whofe Tenants and Officers or fervants muft not be 
 
 I. ap.^. j^gj^jj^^ ^jjj^ jjy jj^jg cenfure, but by the King's lievej nor mufi 
 they be called to anfwer but in the King's Court. That right 
 flill remained to them after the fpoil made by the Hierarchy 
 upon the rights of all the reft of the free- men , and therefore 
 could not of right be called «o:^^ in the Hiftorians fence; fee-^ 
 ing that it was no other than the ancient cul^om ufed amongft- 
 
 the 
 
NORMANS. 129 
 
 the Saxons before that the Clergy had either purpofe or 
 power to reach at fuch a height as afterwards by degrees they 
 attained unto. Furthermore, the Hierarchy as they neither 
 could poflcfs the legillative nor juridical power in Church- 
 matters i fo neither could they pofTefsthemfelvcs : for as yet 
 they were the King's men,and the more the King's men^becaufe 
 they now think a Bi(hoprick but a naked commodity, if not 
 robed with a Barony. Neverthelefs , before that ever they 
 knew that honour, whatever the Canon was for their eledi- 
 on , yet both their Title and power de fada was derived to 
 them from the Kings, who alfo invefted them with Staff and 
 Ring •, nor had the Pope as yet (though he had conquered 
 the Hierarchy) poffelTcd himfelf of their colours : but during 
 all the Norman times the Kings maintained that Trophy of 
 the right they had from their Predeceflbrs , notwithltanding 
 the many alTaults from Kome^znd treacheries of the Cathedrals 
 within the Realm i and albeit fometimes Kings were too weak ^*'^'"^*'- ^'fi- 
 tohold the(hadow, yet the convention of the States did V/T ^7* 
 maintain the fubaance , viz. the right of Eledion without ^^j^^^^^J// 
 intermiflion , as the examples of Lanfrank^ unto the See of; ^.'dl.<[ 
 Canterbury^ and Anfelm and Kalph his fucccffors, and of thomin fVigortj. ' 
 into the See of T(?r<(,, and K*//)/; coadjutor to Ihurjian Arch- «-^». ui8. 
 Bifhopof the fame See, and of Gilbert into the See of London^ •S]p»V»7. 141. 
 befides others, do fufficiently fet forth; whether it was be- 
 caufe the convention of States was more ftout , or that the 
 Bifhops now wedded to Temporal Baronies were fo un- 
 queftionably intereffed in the publick affairs of the Common- 
 weal , that it was againft common fenfe to deny the 
 States their vote and cognifance of their eledion , 1 cannot 
 determine i yet it is a certain truth, the more Baron, the lefs 
 Bithop, and more unmeet for the fervice of Kame: politickly 
 therefore it was done by Kings to hold thefe men by a Golden 
 hook, that otherwife had proftituted thcmfelves to a foreign 
 power, and proved abfolutedefertersof their Countries caufe, 
 which now they mu(t maintain under peril of the lofs of their 
 own honour. 
 
 In the next place, as they were the King's men , fo their Bi- 
 (hopricks and Dioceifes were under the King's power to orrier, 
 
 T as 
 
130 
 
 NO RMAN S. 
 
 as by tiie ad vice of the BiQiops and Barorage fl^a'uld be thought 
 
 iroft convenient 5 cither to endow another Bithop with part 
 
 £aJ,)t. I. q. thereof and fo to make two DiocefTes of one, as betel in the cafe 
 
 f-95-9^- of the Dioccfsof L///«//?, out of which the Diocefs of E^ 
 
 budded in the time of Hfittry the firft, or to tndcw a Monaftery 
 
 or other Rehgiuus tour.dation with part, and txcnipt the (ame 
 
 from all Epifcopal or ordinary jurisdidicn, as in the example 
 
 of the foundation of the Abby of Battalia Sujfex/iath& time 
 
 Spicil. 16^- of William thcConqucrour n.ay appear. 
 
 Ladly, what ever the rirft intention of this recited Statute 
 . were, it may probably be judged, that it was but a noife to ftill 
 the Clergy \ and that it never had more than a livelefs fhape, 
 not only in regard of the before menticred particulars , but 
 efpecially in regard of that fubfervient Law of Hemy the firft 
 concerning the Cownty court, which reciteth it as a cuftom in 
 LI H.n.i.cj. his time ufed, that the Eilhop and Eails, with other the chief 
 men of that County were there prefent as affirtants in diredfory 
 of judgement. And that in order are handled firft matters of 
 the Church: Secondly, Crown pleas: Thirdly, and laftly. 
 Common pleas » however therefore the Kings fpake fair, they 
 either aded not at all, or fo cooly as the current of the cuflom 
 wastoo rtrong-, but moft probable it is, that the Kings fpake 
 fair till they were fettled in their Thrones, and atterwaids 
 plcafcd themfelves ; for by the general thred of ftory it may 
 appear that the Clergy in thofe times were more feared than 
 loved, and therefore ridden with a firait Reign. The Prelacy on^ 
 the contrary grew unruly, yet too weak for the rugged {pirits 
 of the Nornrian Kings r they are glad to be quiet, and the Pope 
 himfeU to drive fair and foftly,as judging it expedient potejiatem 
 Grcg.VfiJlh^-l^e^jlemmltmtraViaytdam ^ and continued that courfc and 
 poduretillthecalmer times of Hewj/ the firlV> wherein they 
 Tadwer. Hiji. tended their pace, and got that without noife which they had 
 ^•4-P-P5' long ftriven for, t^?>i. the preheminence and prefidency in the 
 Synods, though the King himfelt be prefent, and f if the 
 Hillorian writeth advifedlyj the whole ordaining, or legiflative 
 power, for fo runs the Aile or phrafe of the Authour, Archiepif- 
 dpi & Epifcopi {latuertint in prsfsntia Kegif^ as if the prefence 
 tf the King and his Barons and people , were but as a great 
 
 Amefs 
 
NO R Mj4 NS. igl 
 
 Amen at the common prayer (after the old ftamp; to fct a good 
 colour upon a doubtful-matter to make it go down the better. 
 How the Kings brooked this draught, I cannot fay, but it hath 
 made the Kingdom dagger ever llnce, and it may be feared will 
 hardly recover it's pcrfedt wits,fo long as the brains of the 
 Clergy and the Laity thus lie divided in feveral Cells. 
 
 CHAP. XLVIir. 
 
 of the feveral fubfcrvient jurisdi&ions by Frovitjces^ 
 Marches^ Counties^ Hundreds ^ Burroughs^ Lordfiips^ 
 and Decennaries, 
 
 HAd the Normans owned no other Title than that of Con- 
 queft, doubtlefs their mother wit muft needs have taught 
 them the expediency of preferving the particular fubfervienr 
 jurisdictions of the Kingdom, entire and unqua(hed , if they 
 regarded either the benefit of their conqueft, or reward of their 
 partners, and Allies : unlefs it fliould be allowed unto Con- 
 querours, to be more honourable for them to do what they 
 will, rather than what is meet. But hereof there is no caufe 
 of queftion inthisprcfentfubjed: for nothing is more clear 
 than tiiat Wales enjoyed in the Conqucrour^s time , and fbr 
 ages after him, it's ancient liberties, Tribute excepted \ nor did 
 conqueft ever come fo nigh to their borders as to trench upon 
 the liberties of the Marches. For as it had been a piece of Rate 
 nonferce to have holden two peoples under conqueft, and 
 their Marches in freedom ', or to prcf i ve them in good Neigh- 
 bourhood by Marches, which by the Law of ConqueH: were 
 made one : fo was it no lefs vain if all had been once fubdued 
 by Gor.qucft, to have raifcd up the Liberties of the Marches any 
 more. 
 
 And as they had lefs caufe to have invaded the bounds and County court,- 
 ancient limits and partitions of the Counties , fo queftionlcfs 
 had they fo done, they would have taken the old courfe of 
 
 T 2 the 
 
LI Gul'tcJni. 
 
 cap. 
 
 4l/J^4i- 
 
 LI 
 
 Gulidm. 
 
 c^p. 
 
 H- 
 
 152 N OR AI AN S. 
 
 Lainicr HiJ}. thc M ickj em ot e ^ zs thcy did divide the Dioccfs of Lincoln into 
 
 /.4 f. >)<. twoDlc^ccffes by advice of the Bifbops, Princes, and other wife 
 and holy men, and turned the Abby of Ely into a BiQiop's See. 
 
 Ll.Hcn.i.c.6. But it was theirwifdom topreferve the ancient Land-niarksi 
 and no Icfs both wifdomand care to continue their due privi- 
 leges and intcrefts to each. Every County had it's Court , ;ind 
 every Court it's wonted jurisdidion : No complaint muft be 
 to the King's Court, if right may be done in the County j no 
 diftrefs muft be taken but by Warrant from the County, and" 
 that mud be after complaint thrice made,. The County court 
 muft be called as our Anceftors have appointed; fuch as will 
 not come as they ought, ft-jall be firft fummoned, and in cafe of 
 default diftrainedi at the fourth default, the complainant fliall 
 befatisfied out of the diftreffesfo taken, and the King alfo for 
 his fine. Thefe are the exprefs Laws of the Conquerour's own 
 
 JIU. c. 6^. cftablirtiment i the laft of which alfo was confirmed by another 
 exprefs Law, faving that he would. allow but of two fummons 
 and two dillreffes, before execution. And as it was one prin- 
 cipal work that he undertook to reduce the Laws into cour(e, 
 which had been intermitted during the violent times of hisEa- 
 thei and Brother (the firft of whom never had liberty for refor- 
 mation, and the latter never had will) fo amongft other Laws 
 
 UH n I C7 '^^ ^et^lcd thofe concerning the County- court, namely, 'Ibat the 
 ' BiJ^^ops , Earls^ and chief men JJ.wuld be^ prefent for direUiojt, 
 2. Ihiit it pouldhe holden once each month. 3. Ihat the Church 
 matters Jhould precede^ and then the Crown fleas. And laiUy^ 
 the Common Fleas ■■, belides fome other particulars concerning, 
 pleading, and proceedings in the handling of caufes. Neither 
 were thefe caufes of a petty regard only, but of greateil con- 
 cernment : One example I (hall remember the Reader of, and 
 not recite in terminis, bufc refer to Mr. Selden's own Pen. The 
 Sptcil.%91- occafion was this : O^o the Conquerour's half Brother was by 
 him made Eirl of Kent^ and therewith had the gift of a large 
 Territory in KeHt\ and taking advantage of the King's dif- 
 Sii^ani. plcafure at the Arch- Bifliop of Canterbury., poffefTed himfelf by. 
 difleifin of divers Lands and Tenements belonging to that See: 
 Lanfrank^ the fucceeding Arch- Bifliop being informed hereof: 
 petitioned totlic King that Juftice might be done h\ix\ fecmd'um 
 
 legem. 
 
NO RAi AN 5^, 
 
 ^33 
 
 legemterr£: And the King fends forth his Writ to fuinmon a 
 County court : the debate ]a(ted three days before the Free- men 
 of the ("ounty of Kent^ in the prefence of many chief men, 
 BilTiops and Lords, and others skiitui in the Laws i and the 
 judgement paffed for the Arch-Bilhop Laiifrauk^ upon the votes 
 oi the Free-men. This County court was Iioldcn by fpccial fum- 
 mons, and not by adjournment, as was allowable by the Saxon 
 Law upon fpecial occadons : And this fuit was originally be- 
 gun, and had it's final determination in the County-court, and 
 not brought by a Tolt outof the Hundred court, as is fuppofed' 
 by an Honourable reporter i nor by the ancient Laws could 
 the fuit commence in the Hundred, becaufe the L ai«U and Te- 
 nements did lie in feveral Hundreds and Counties. The upfliot 
 of all is that the County courts in thofe days were of fo great 
 clteem that two of the grcatelt Peers of the Realm , one a 
 Norman, the other an Italian, did cait a Title in fifteen Mannorsi; 
 two Towndiips, with many liberties upon the votes of the 
 Free-holdersin a County court, and that the fentence was al- 
 lowed and commended by the King, and fubmitted to by all. 
 
 In the next place we are to come to the Hundred Courts, of rr » 7 
 which there are by the Normans allowed two forts i the firft ^^^"^'^^^ 
 whereof was holden twice a year; This was formerly called ^''^'^'* 
 the Torn, and was the SiicrifT's Court i hereof little notice is 
 taken, faving.that by the Laws of Henry the Hrrt it's work (eems L!. Hen. re. 2. 
 to be much dcligned to the view of free pledges. But the more 
 ordinary Court,is that which belong* to the Lord of the Hun- 
 dred, unto whom alfo belong the Fines in cafes there concerned. 
 'this Court ir to be holden once in each month : and m fuit to be LI. CulkJm. 
 h^gHH in the King's Court that regularly ought to begin in the cap. ^i. 
 Hundred. No Vijiringas ff:all ijjhe forth till fhree demand t made in LI. Hen. i c.j. 
 the Hnndred, And three dijireffes fjjall then ijfite forth -, and if^-' ^"^'^hn. 
 tfpou the foHTth the^party appear not ^execution JhaJl be by f ale of'^j^'^^!., 
 the dijirefr^ and the complainant i}:all receive fatisfaUion, ^Miclm. 
 
 But by the latter Laws of the fame King there are but two Ti'HcI'i c ^4. 
 fummons allowed, and then two diltreffes i and in cafe no ap- 
 pearance be, execution ihallbe for the compiainant,and for the 
 King's fine, 
 
 i ; Laniy, 
 
«34 
 
 NORMANS. 
 
 LI. Hen. i.c.j. 
 
 Coitrts of 
 lon'ns and 
 Mann its. 
 
 Ll.Hcrl.\.C.7 
 
 Veccnncrf, 
 
 LI- Guli-jlm. 
 cap. ^4 
 Ll.Hcn.i.c.%. 
 
 Laftly, as the cafe concerned either perfons or places, fome- 
 times they ufed to joyn feveral Hundreds together into one 
 Court ; but this was by fpecial Commiflion or Writ. 
 
 As touching infcriour Courts of Townsand Manners, there's 
 Httle obfervation to be had, being of too private a regard to 
 come into fame in thofe rough times : yet in Henry the. hrft's 
 Laws it's ordered that Town courts (hould meet every monthi 
 and tl'.at Lords fliould hold Plea's either in their own perfons, 
 or by their Stewards, and that the chief man in that Parifh, 
 with four other of the chiefcr fort, and. the Miniftcr or Parifh 
 Pricfi fliOuld joyn their alliftance in that work. But in nothing 
 more did.iiiC Norman Kings (hew their paternal love to the 
 Common- weal, than in the Law of pledges or Decenners : for 
 as of all other beauties it foffercd njofi bleniifl^fiom theftorm 
 of the Norman invafion : fo was it tiieir cfpccial care to renew 
 the life thereof, not now amongft the Natives only, but joyn- 
 ing the Normans to the Saxons in the fame bond of brother- 
 hood, utterly drowned thereby, all memory of Lordly power, 
 and fo of divers peoples making one, conquered even conrueft 
 it felf, if any were, and made all jpynt-partners in one common 
 liberty. 
 
 Every Free-man muft be under pledges to fatisfie juftice in 
 cafe of delinquency. 
 
 Over every nine perfons under pledges there muft be one 
 man in Authority. 
 
 View of free pledges muft be to fee that the Decennaries be 
 full ■-> and if any be departed, to enquire the caule : and it any be 
 come in, whether he be under pledges or not. 
 
 And thus the Norman Kmgs nad their people under treble 
 guard: one of fealty, the other ot alfuciation , and the third 
 that of pledges -, and all little enough to (ccure that which they 
 in their own confcitnces might have fome caufe to queftion, 
 whether it belonged to them or not. 
 
 CHAP. 
 
1^0 R MAN S. 195 
 
 CHAP. XL IX, 
 
 of the immHHitia of the Saxon Free-men under the Wor- 
 man government. 
 
 T He freedom of anEnglini-manconfiPeth in three particu- 
 lars: F;ii\, in owncrniip of what he hath. Secondly, 
 in voting any La'.v whereby that ownerfhip is to be main- 
 tained ; and thirdly, in having an influence upon that Judi- 
 catory power that muft apply that Law. Now that the Eng- 
 lifli under the Nortnans enjoyed all this freedom unto each 
 Man's own particular, betides what they had in bodies aggre- 
 gate, may appear , as folio weth : Tlie Free- men of England 
 were fuch as either joyncd in the War with Harold againft 
 the Normans : or fuch as abfenttd themfeives from the way of 
 oppolition or enmity, and were either waiting upon their 
 own arfairs , or iiding with the Normans: and queftionlefs 
 all thefadncfs of the War bcfel the Hrft fort of the Engli(h : 
 whofe perfons and Ertates (to make the ways of the firrt Nor- 
 man r^'^/Z.Vjw regular, and of one piecc^ never fell fo low as 
 to come under the Law Cor leather the will ^ of conqucft : 
 but in their worrt condition were in truth within the diredtory 
 of the Law of forfeiture for Treafon againd their Soveraign 
 Lord, whofe claim was by Title,as hath been already noted. The 
 other fort either did appear to be the Normans friends, or for 
 ought appeared fo were: and fo never offending the Law never 
 fuftered any penalty : but held their perfons and pofleflions 
 ftiltunder the patronage of Law^ as anciently they and their 
 Anceftors had done, and that this was the Normans meaning, 
 they publifli the fame to the World in a fundamiCntal Law, 
 whereby is granted, That all the Free- men of the whole King- jj.GuUd^i. 
 domfhall have and hold their Lands and poflellions in hcredi- c^p. y^. 
 tary right tor ever. 
 
 And by this being fecured againft forfeiture, they are further 
 faved from all wrong by the fame Law, which providcth. 
 That they fliall hold them well or quietly, and in peace free 
 
 from. 
 
1^6 NO R MAN S. 
 
 from all unjuft Tax, and from all Tallage/o as nothing (hall be 
 exaded nor taken, but their free fervice which by right they are 
 bound to perform. 
 
 This is expounded in the Laws of H. i. cap. 4. that no Tri- 
 bute or Tax (hall be taken, but what was due in the Confe(ror's 
 time. 
 
 Under the word Tax is under(\ood mnnetagittm commune 
 per civitatej^ or comitatus \ fo as aids and efcuage are not inclu- 
 ded, for they are not charged upon Counties and Cities, but 
 upon Tenures in Knight-fervice : nor was Dane guelt hereby 
 taken away, for that was a Tax in the ConfeiTor's time , and 
 granted by Parliament. 
 
 So then the Norman Kings claimed no other right in the 
 Lands and poflTedions of any of their lubjeds, than under and 
 by the Law or common rightsand they conclude the Law with 
 a p'cnt ^ which I thus Englifli , As it is enadled to them^ 
 StAtutum eH for agreed by them) and unto them by us given and granted 
 eis,^ tilts d by the Common council of our whole Kingdom. I leave 
 ttoltf Jjti'.in iff tlie words to be criticized upon as the Reader (hall pleafe? be- 
 concejjln!} per j^^g ^^jj a(|\,j(;d that the mo(\ (trained fence can reach no 
 cKmmv.n: cm- fuj^j.^,^ {j,2j^ (q mzVo. it found as an e(ioppel or concluiion 
 %"""%.!(lyl to the King and his fucce(rors, to make any further claim unto 
 Itr^ni i -yw . ^^^^ eftates of his Subjeds than by Law or right is warrantable! 
 under which notion conqucfi: never did nor can come, as (hall 
 more fully be manifc(ted hereafter. But the right genius of 
 this Law will alfo more evidently appear by the pradice of 
 thofe times, which even when ]uftice it felf did moft impor- 
 tune, fo tenderly regarded the liberty of mens e(^ates , that 
 Ll.GuUdm. no difirefs could iffue without publick warrant obtained, 
 <:j/'.41. es'^y. and upon three complaints fir(\ made, and right not done i 
 and when rape and plunder was in the heat, and men might 
 fccm to have no more right than they had povv^r to maintain : 
 yet even then this Law was refuge fu(ficient for' fuch as were 
 Chif.^17. npprc(rcd •, and was pleaded in barag'ainlt all ufurpations and 
 c/n.h. Brit, intrufions, under pretext of the Conquerour's right whatfo- 
 Nu-/. ever, as by the cafe of Ei^jviw o( Shamebum mzy ^ppezx. 
 
 Secondly, that the Free- men oi England hsid vote in th<; making 
 of Laws.by which meum ^nd'tuum was bounded and maintain- 
 ed 
 
NORMANS. 
 
 1^7 
 
 ned, as may appear by what hath been already faid •, nor 
 (hall I endeavour further therein. Thirdly, they had an in- 
 fluence upon the judicatory power » for Firft, the matter in fad 
 was determined by the votes of the Free- men, as the Laws of 
 the Conquerour, and o^ Henry the firR do fufficicntly manifeli. 
 Secondly, they had an influence in the making of the Sheriff, 
 who as well as the Bifliop was by ele(3:ion of the pcople.Third- „ 
 ly, they had an influence upon all Judges, by fetting a penal ^^ '" "'^'^" 
 Law upon thera in cafe of corruption i which if not fo penal " ' ^ 
 as to take away life, was neverthelefs penal enough to make an 
 unjuft Judge to be a living pattern and example of mifery, to 
 teach others to beware. 
 
 Two things more muft be added, though fomewhat colla- 
 teral to this purpofc. Concerning the right of the Free-men 
 in the common Mint, and in their villains. Concerning the 
 Mint, that the Saxons having made it as parcel of the demefnes ^^- ^L^tf^^'-j'^' 
 of the Kingdom, and leaving to the King only an overfeer- 1' ^' ^ 
 fliip, referved the controul and chief furvcy thereof to the *^'^^^^''^ 
 grand Council of the Kingdom, who had ftated the fame in ^^' 
 the ConfefTor's time. But after him the Normans changed the 
 current according to their own liking, till by Henry the firft 
 it was reduced into tfae ancient courfe , allowing no money 
 but fuch as was current in the days of the Confeffor , whofe ^'•^''"•^' 
 Laws alfo Cwith fome alterations by the Conquerour , with 
 common advicej he alfo eftabliflied. Concerning the Lords 
 right to their villains it is obfcrvable, Firft, that liberty of in- 
 franchifement was allowed , which could never have been ^^- ^"^''''»- 
 had not the liberty of the fubjed been favcd. Secondly , that '^''^' ^^ ^ ^^ 
 Infranchifement properly is the work of the people , or the 
 body, and the Lord was to deliver his villain by his right 
 hand unto the Sheriff in full County court, and pronounce 
 him free from his fervice, and fliall make room for him by 
 free paflage and open doors, and deliver him free arms, viz. 
 a Lanceand a Sword, and then he is made a Free man, as I con- 
 ceive, to all intents and purpofc?. Otherwife there might be 
 manumiftion,asif the villain remained in a City, Burroiigh, u Cuticln 
 walled Town, or Gallic by a fpacc of a year and a day, aiid c. 'ec. ' ' 
 no claim made to his fervice by his Lord, he (liaU be thcncc- 
 
 V - forth 
 
158 NORMAN S, 
 
 forth free from the fervice of his Lord for ever •, and yet this 
 manumillion could not conclude any but the Lord and his 
 heirs oralhgnes: nor could it enforce the body to allow that 
 for a member which was none before. Thirdly, that notwith- 
 Ll Gulieltn. landing they allowed the Lords liberty of infranchifement, 
 5j. yet would they not allow them free liberty of difpoling them 
 
 as other Ciiattels : nor by the Law of the Conquerour might 
 they fell their villains out of the Countrey, or beyond Sea, for 
 the King had right to the mediate fervice of every villain, 
 though the Lord had the immediate i and therefore that Law 
 might hold in force : neverthelefs the Ordinance that Atifelm 
 made, that no Lord fliould fell his villain, they would never al- 
 low for a Law, nor did it hold in force. 
 
 GHAP. L. 
 
 A recoUe&ion of certain Norman Laws, coneernittg the 
 Crown in relation to thofe of the Saxons formerly 
 mentioned, 
 
 I Call them Norman Laws, becaufe they were allowed by 
 them or continued in force, although many of them had 
 their original from the Saxons. 
 Vm/ctm' OneGodmuftbeworQiipped^ and one faith of 
 '^mtzYideYrenis ^^^^^ maintained throughout the whole King- 
 j* dom. 
 
 This is found amongft the Laws of King TFiUiam publifhed 
 
 LI. GuUilm by Mr. Selden^ and was for fubftance in the Saxons time, faving 
 
 f. 5:1. that we find it not annexed to the Crown fummarily until 
 
 now, foasby this Law Herclk and Idolatry became Crown 
 
 pleas i and the like may be collided concerning blafphemy, 
 
 concerning which it's faid, as of the fcrvant's killing his Lord, 
 
 U,Hen.i.c.7^ that it's iiTipardonable : nor could any man offend herein, but 
 
 it endangered his whole eftate. The trial of thefe crimes is 
 
 not found particularly fet forth. It might pollibly be in the 
 
 meeting 
 
NO R MA NS» 
 
 139! 
 
 2. 
 
 meeting of the Clergy, and as pollibly in the County court 
 of the Torne where the Bifhop was prefent Jnra Vivina 
 edoeere, 
 
 Peter- pence, Cirickfceate, and Tythes, muft be 
 duly paid. 
 
 Thefe are all Saxon Laws united to the cognifance of the 
 Crown, as formerly hath been fliewed : Only the firft lyiHiam 
 efpccially provided, that in cafe any man worth thirty pence 
 in chattels did pay four pence for his parti it (hould be fuffi- , ^ . 
 cient both for himfelfand his retinue, whether fcrvants or j^*^*"^^ 
 retainers : and defaults in payment of thefe duties were finable ^^ Hcn.i.c 1 9 
 to the King. 
 
 Invafion upon the right of Sanduary fined. 5. 
 
 This I note, not fo much in relation to any fuch law amongft ^' Guhdw. 
 the Saxons, as to the future cuftom , which now began to ^''^' ^" 
 alter, according to the increafe or wane of the Moon. I do 
 not find this mifdemeanour to be formerly fo much taken to 
 heart by the Crown i nor poffibly would it have been at this 
 time, but that the King muft proted the Church , if he mean 
 to be proteded by it ; and it was taken kindly by the Church- 
 men, till they tound they were able enough to defend their 
 own right by themfelvcs. Amongft all the reft of Church 
 rights this one efpecially is confirmed, v/z. That any delin- 
 quent fliall have liberty of Sandtuary to enjoy both life and 
 member, notwithftanding any Law to the contrary. This 
 privilege was claimed by the Canons i but it muft be granted 
 by the Temporal power , or elfe it could not be had ; and 
 though it be true that Kings formerly did by their Charters of 
 foundation grant fuch privileges in particular •-, yet could not 
 fuch grants create fuch immunities contrary unto, or notwith- 
 ftanding any publick Law of the Kingdom \ and therefore 
 the Monafteries had their foundations conhrmed by Parliament, 
 or general aflembly of wife men, if the firft foundation was 
 not laid thereon. 
 
 Working upon the Feaft-days punifhed by fine. J^ Comman- 
 
 'i. V 2 Before Z-/,i:^aj I.e. to 
 
140 
 
 NORMANS, 
 
 6. CommaH- 
 dement. 
 
 Before this time no days for folemn wor^liip of God were 
 acknowledged by the Lawof the Kingdom but the Lord's days* 
 By this all diiys celebrated or inlHtutcd by the Church for that 
 purpofc are defended by the civil power, and breach of the holy 
 obfervation of thefc days madeenquirable , and puni(hed a- 
 mongfl other pleas of the Crown. 
 
 Breach of the peacCj bloodfhedjand manflaughter, 
 punifhcd by fine. 
 
 This was the ancient Law of the Saxons, and was continued 
 without alteration till about ^^r^^V time, whofe zeal againft 
 blood caufcd murther to be puni(hed withdeathibut the Danes 
 bringing in a moderation, if it may rightly be fo called, are now 
 feconded by their kinred the Normans, who wilt not admit of 
 puni(hment by death, partly becaufe being a warlike people, 
 bloodrticd might feem to rank it (elf under the Regiment of va- 
 lour i and partly becaufe they owed much to that Title for the 
 pofleffion of all that they had gotten in E«g/W. And to prevent 
 fcandal, entring upon the rear, opinion ftept in, that a miferable 
 life was more penal than death i and therefore in crimes of the 
 deepen die they would to hne and lofs of member : and which 
 courfe prevailed moft, either to flop or enlarge the courfe of 
 that fin, was left to the difpofition of fuch as intended to make 
 trial. But in matters of lefs malignancy the purfe rather fmart- 
 ed than the body, wherein they proceeded fo far as to punifh- 
 ment of death by violence v yet was not the fine to be meafured 
 by the judgement of the mercy or rigour of any perfon, but 
 only of the Law it felf, which fet down in certainty both the 
 nature and qwantity of the finei and left that memorial upon 
 record of a good mind at leaft to an equitable and juft go- 
 vernment. In all thefe cafes of breach of peace the King's 
 Court becomes pofTeffed of the right of cognifance , and the 
 peace is now called the King's peace j not fo much becaufe 
 that it is left only to his providential care to maintain,as becaufe 
 the fines for moft of thofe crimes pertained to the King : for 
 otherwife there is a fort of crimes that are contra pacem viceco' 
 mitiSj as will be mcie cleared hereafter, fj-i^f. 
 
 JJ. GuUdm. 
 :jp. £7. 
 
 liiJ, 
 
 Mir or iy4" 
 LL Guhchn, 
 e 8. 10, II; 
 
 JJ. Gulielm. 
 
NO R M AN'S, 141 
 
 Khali conclude this fub)ed wiih tl.cfc three obfervations : 
 Firft, that the Laws in thole ancient times of the Normans 
 Were fo general, as they then made no difference between places • 
 or pcffons » but whether the peace was broken upcn holy or LI.Hett.i.c 10 
 common ground, or upon a Lay man, or one in orders, the 
 Lay power feifed upon all. The fccord is the care they had 
 ior apprehending of the offenders in this kind. It the party 
 flciin were.a Norman or Frenchman, tiiC Lord of the marfla^er ^j G«/je/fw. 
 was charged to have him forthcoming within a certain time, cj..^^. 
 or pay the King's tine of 46 . Marks fo Itrg as he had where- 
 with to fatishe^ and tor what remained the whole Hundred was 
 charged. But ff the party llain were of any other people , th.e 
 Hundred was immediately charged with the manflayer, and u^Culldm. 
 muft bring him to anfwcr within a certain time, or pay the cj^. 16. 
 King's fine. 1 he third and lal\ is, the care they bad to prevent 
 breach ot peace for the future : Firl\ in fettling of night watches 
 by all C ities, Burroughs, Caftles, and Hundrcds.in fuch manner 
 as the Sheriff or chief Officers by Common council (hall advife j^j Culielt», 
 for the bell fafety of the Kingdom. Secondly, in foibidding ^j^, y<;. 
 entertainment of unknowr^perfons above thr£e days without LI. GulieJm. 
 farety for thefr good abearance , or becoming their pledge for cap. ^6 
 thepublick fafety, nor to let any perfons pals away without ^'^'■"•^•^•^• 
 teftimony, under the minilkr'sand neighbours hand of their 
 good carriage. 
 
 A man committiag Adultery with a married Wo- 
 man lliall forfeit to his Lord the price of his life. 1)^^^"'^' 
 
 This made the crime enquirable at the common Law as an i. 
 
 offence contra pacem Domini \ but afterward it was finable to ^^- G«//e/w. 
 the Kmg^and enquirable amongft the pleas of the Crown by the ^^?- ^4. 
 Law of Henry the firft. LI.Hcn.i.c 1 
 
 Force upon a Woman, to the intent to raviQi heris 
 finable 5 but if a Rape be committed , it ftiall be pu- ,, r«/'r t. 
 nilned with lofs of member. 
 
 The crime and offences againff this Commandemcnt were 
 always punilhed in the Temporal Courts, by tine at the leafti 
 and are iVillin the Normans time profccutcd in the fame way 
 
 rot- 
 
,^2 NORMANS, 
 
 notwithftanding the growing authority of the Canon, 
 
 8. Comman- - Robbery is finable 
 
 dement, , , ^ , . 
 
 The diffcreDt Law between the Saxons, Angles and Danes, 
 
 now by the Normans is fettled in the more merciful way i and 
 
 in cafe the delinquent made flight, the pledge fatisfied the Law 
 
 for him. But in the latter times of Henry the firft the Law was 
 
 Ll.GuUclm. ^^^.^ reduced to the punifhment of this crime by death^and fo 
 
 efj^r/.^.c.^. hath continued. 
 
 Hoz'cdon. There (hall be true weights and meafures through- 
 
 9' Comman- ^^^^ ^^^ Kingdom, and thofe (hall be fealed. 
 
 dement, . , n o t 
 
 LI. Gulichu And this was the conftant Saxon Law. 
 
 Perjury tobepiinirhed by fine, a 
 inquirableaniong(t the Crown.jjkas 
 
 ^- y7 Periurv to be piinifhed by fine, and as formerly ftill 
 
 Ll.Hcn.i.c.io . * -^ 7 f„ . ^-. -^ . ■' 
 
 CHAP. LI. 
 The like of Laws that concern common intereB of 
 
 Goods, 
 
 IF Cattcl be taken by Diftrefs the party that will replevy them 
 (liall pay for the return ot the Cattel, and give fecurity to 
 1.1. L,i,n.it,K ^^. ^^^ Dij^jcfs info the Court, it within a year and a day it 
 
 be demanded. -' "' * 
 
 This Law 1 take to be intended where the Cattel are taken 
 damage feafant ; becaufe notliing (hall releafe the Diftrefs in 
 other cafes, but obedience to the (ummons. 
 
 No Diftrefs ad combat endttm ftiall be taken but after three fe- 
 
 ^\ veral fummons , and fo many defaults made \ and in fuch 
 
 Ll. Guhclm. ^^^^ Diftrefs ftiall ilTue by efpccial order from the" County 
 
 court. 
 
 I noted this partly to ft^ew the difference of the Normans 
 from the Saxons in the delay of execution of Juflice by fo much 
 mean procefs, and partly to ftiew the diffeience between the 
 
 Norman 
 
NOR MANS, 145 
 
 Norman times, and thefc days^wherein mens Cartel lie open to 
 the Diftrefs of every oppreffing or extorting Bailiftor unknown 
 perfon, and no fummons made at all, whereby many poor mens 
 cftates are either undone, or they muft fubmit to the unjuft de- 
 mandsof their advcrfary. 
 
 No manner of Goods of above four pence in value (hall be 
 bought unlefs in the prefence of four witnefTes of the Town. , , ^^*, 
 And the vendor (hall fatisHe out of his own eftatc , if the fale ^^p^ ""^ 
 be not eflfcdual, and in cafe the vendor have no warrant for 
 fuch goods by him fold. 
 
 No living Cattel (hall be fold, but only in Cities, and before tiqi-i 
 three witnelTes > nor (hall any thing forbidden be fold without ^ J ^J 
 warranty. .^ 
 
 No Fairs or Markets (hall be holden, but only in Cities, Bur- ;^,^j ^ ^ 
 roughs, walled Towns and Caftles. V 
 
 Thefe Laws concerning fales and markets were ancient 
 vSaxon Laws, and tend-all to the avoiding of cheating men of 
 their Cattel by furreptitious fale of them made by fuch as had 
 no right. 
 
 Goods found (hall be published by the finder to the neigh- 
 Durhood i and if any makes claim and proof of them to be 
 
 his, he fliall have them, giving fecurity to bring them into the 
 
 Court, in cafe 
 
 claim thereto. 
 
 bourhood \ and if any makes claim and proof of them to be r , .^ ^' . 
 his, he fliall have them, giving fecurity to bring them into the ^.^p " "^ '"* 
 Court, in cafe any other fnall within a year and a day make his 
 
 The children of perfons inteOate (hall equally divide the ,, ^ . 
 heritage. f^ f 
 
 This is in terminis the Saxon Law, and therefore concerning 
 it I (hall refer to the fanie formerly recited j only. I (hall add f- fO<^ . 
 
 hereto the Law of Henry tlic tirl^, whTch may ferve as an expla* 
 
 nation of the former. Any Free- man may devife his chattels ,, „ 
 by will : and if he die intellate, his wife, children, parents, or '* 
 
 next kin fliall divide the fame for his Souls good. The (iril 
 branch whereof was ancient, and doubtlefs in continual ufei 
 
 but 
 
144 NO R MAN S. 
 
 but the iniquity of the Norman rude times was fuch, that the 
 Lords under furmife of arrears or relief would feife all the per- 
 fonal eftate after the Tenant's death,and fo the right of laft wills 
 was fwallowcd up •, but this reftoreth the power of laft wills 
 into it's place, and in cafe the party died inteftate, prcfervcth a 
 kind of nature of dcfcent, although they be more perfonal. Nor 
 doth that laft claufe, of the Souls good, difanul the fame, al- 
 though the words may feem to carry away the benefit to forae 
 other hand. For the whole matter is left to the difcretion of 
 fuch as are next to the inteftate. 
 
 CHAP. LIL 
 of taws that concern common inter eji of Lands, 
 
 T He Laws that concern Lands, and pecJiiliarly t)eIonging to 
 the Normans, are fuch as concern principally the tenure 
 of Lands \ which if duly confidcred, although favoured fomc- 
 what of the King, yet little of the Conquerour ; for generally 
 it muft be granted that Tenures long before and after this time, 
 were as the fervices, ordered accordingto the will of the giver, 
 in which as the King had the greateft ftiare , and he the moft 
 publick perfon of all : fo were his Donations ordered chiefly 
 to advance the publickfervice» and in this regard the Tenure 
 by Knight- fervice might more principally challenge the King's 
 
 ' regard than the regard of all the great men befides. But this 
 was rot the fore, yea rather it was the beauty and ft:rength of 
 the Kingdom i and for which the King deferved an honour- 
 able name above moft of his progenitors, who had not fo much 
 Land todifpofe of as he had, and therefore could not ad- 
 vance that fervice in any -proportion equal unto him. The fore 
 
 \ that cau(ed fo many fighs , was the incumbrances raifed upon 
 this moft Noble and free fervice , which through the evil of 
 times by this means became the moft burthenfome and the 
 only loathed and abhorred fervice of all the reft. I fay through 
 the evil of times? for it cannot lodge in my thoughts but in 
 ^' the 
 
N on MANS. 
 
 H5 
 
 the Norman times the incumbrances were nothing fo great as 
 of latter ages, and that much hath been imputed to the Laws 
 of the Conquerour, which they never defervcd, as may appear 
 in thefc particulars, which' the Laws of H^«ry the firft have 
 preferved in memory. 
 
 Tenant of the King, or other Lord dying, his heirfliall pay 
 
 1. Relief. 
 
 That which by Law is due is fet down in the Laws of TfiJIi- ^, ^'""' 
 '•■■■•■ c>a». noo. 
 
 no other relief than what by Law is due. 
 
 That which by L 
 am the Conquerour. 
 
 The Relief of an Earl. < 
 
 "S.Horfesfaddled and biidled. 
 4. Helmets* 
 4. Coats of Mail. 
 4. Shields. 
 4. Spears. 
 4. Swords. 
 
 , J.*Sf[ayf^"^^^'^^"^^^^<i^e^• 
 ' T4f. Horfes with Saddles and bridles. 
 I 2. Helmets. 
 2. Coats of Mail. 
 
 — 1 T, 1. f r o ' 2. Shields. 
 
 The Rehel of a Baron. «< ^ Spears. ^ 
 
 2. Swords. 
 
 tf 1113. 
 
 Lh Gulictfo. 
 
 C. IX. 
 
 Ibil 
 
 C t}. 
 
 .i.'paifray'}^"^^*^^^"^^^^^^^^- 
 
 s. 
 ^ 100 
 
 IhU. c. 14, 
 
 rHisbeftHorfc. 
 His Helmet. 
 His Coat of Mail. 
 TheReliefofaVavafor J His Shield, 
 to his Lord. i His Spear. 
 
 His Sword. I 
 
 Or if he had no Arms, then j 
 
 _ he was to pay. J 
 
 The relief of the Countrey-man is the befl: Beaft that is in , ^ . . 
 his poffeflion \ and of him that farmeth his Lands a years ^"^'^^'*'' 
 rent. 
 
 X Thefe 
 
 fJf. z^. 
 
14^ 
 
 NORMAN S, 
 
 Thefcare the Reliefs due by Law, and now fettled in goods 
 or arms, but afterwards turned into money j and it's likely 
 that the ill cuftoms in the former times did extort both money 
 and arms, or fuch fuais of Money as they pleafed i and by 
 the very words of the Law it fcems tliey had brought it to an 
 arbitrary power to take what they could get, and yet all againft 
 Law. 
 
 2. 
 
 Marriage, 
 
 3- 
 
 Domr, 
 
 /T.I 03. 
 
 The King's Tenant (hall advife with thq King in marriage of 
 his Daughter, Silkr, Niece, or Kinfwoman > and his Widow in 
 like manner, ; : 
 
 The fence hereof in fliort is, tbatthefe might marry at their 
 own will, without paying tine, or compofition to the Lord, 
 andyetmufi: have the liking of the Lord fo far as to declare 
 wiiether the man intended were his enemy or not , and fit to 
 perform Knight- fer vice. This Law was therefore grounded 
 upon the prefent diftrefs of affairs, wherein the nation was un- 
 fettlcd, and common right having eftablithed a mutual truft 
 between Lord and Tenant found out this means to preferve the 
 Tame > for if the marriages of thofe that are related to the Te- 
 nant in fuch manner as may inherit part of all his Lands, or 
 have joynture therein, (hould be left altogether at the liberty of 
 the Tenant or his Widow > it mufl needs follow that the mu- 
 tual truft between Lord and Tenant muft fail, and the publick 
 receive damage. And therefore if this cuftom were of Nor- 
 man birth, it was begotten upon a Saxon Law, and might the 
 rather be owned by the Engliih. 
 
 The Widow of the King's Tenant , having children, fliall 
 have her dower and portion fo long as (he keeps unmarried. 
 
 The portion here is in the Latin word maritagium ^ which 
 I take to be the marriage-portion given by the husband accord- 
 ing to the Saxon cuftom, when as the dower in Land was 
 not in ufe , whereof is {pokoi formerly in that Chapter of 
 dower. And the Normans were neceflitated to introduce this 
 cuftom of theirs with themfelves , partly bccaufe it was a pri- 
 vilege which was their own by birth , and it could not be 
 waved without an evident wrong done to the wives of thefe 
 
 men 
 
NORMANS, 147 
 
 men who had ventured their lives in that fervices but princi- 
 pally becaufe it would not confifl: with the work in hand to 
 difclaim that cuftora which muft needs be of infinite con- 
 fequence in the cffcding of what was principally fought after, 
 viz. the union of the two peoples Normans and Saxons into 
 one : I fay if was principally fought after by the Norman con- 
 querour, if not led thereto Isy his own genius , yet neceflita- 
 ted thereto by force of reafon of ftate , as fliall appear here- 
 after. And what could be imagined a more ready way to ftay 
 the effufion of blood, and all other unhappy events of enmity, 
 than by. taking away enmity it fclf? or a more fpeedy and 
 certain courfe for union, than to reduce the Men and Women 
 of each people to mutual fociety , and to feal up all by a 
 laftingbondof Marriage? or greater encouragement for the 
 comfortable proceedings therein, than the fettling of the con- 
 ftant maintenance of the Wife, in cafe of furvivordiip, by the 
 Law of dower of the Lands and Tenements of the Husband > LinJcnhrng. 
 which was fo full of contingencies , and uncertainties in the Concil. J/f^n 
 portion of goods that was by the Saxon Law appointed to the ham. c i^. 
 Wife in fuch cafe. Nor was this all ■-, for by marriage thus made Ll. Edm. 
 to the Normans they had a great hold, not fo much over the 
 Engli(h,asintheEngli(h, and thatnot only during coverture, 
 but by reafon of this Title of Dower, the Women became Te- 
 nants, and under the Lord's wing,fo as they durft not willingly 
 andillcgally offend their Lord in their Widowhood, nor by 
 Law nor reafon match themfelves and their dowry to any other 
 that was not firft allowed by the Lord to be in friendship with 
 him i and thus became the Tenants Widows to be at the liking 
 of the Lord for their marriage ; atid the like hereto may be 
 faid concerning the Husband in cafe of Tenant by the courtefiei ^^. 
 and however by the Norman former pradtife it was much di- '-^■^"''"'•/^ *®' 
 fturbedi yet by Hip«ry the firft it was again-reduced to it's for- 
 mer right, rather than original arifing from his grant, as fome 
 hold, and proved advantageous for the ends aforefaid. Now 
 as touching their marriage-portion of goods , becaufe the 
 Saxon Law had already endowed them thereof, they could 
 not be induced to lay down their known ancient right , fill 
 they found the new Law of dower to fettle , and fo for fome 
 
 X 2 time 
 
148 NORMANS. 
 
 time both Laws were in forp^, until the more ancierit Saxon 
 Law had an honourable bu^rial. Neverthclefs for the prefent the 
 Law abridged that right fo far as to limit it to the Widow 
 during Widowhood , according to the former Saxon Law. 
 Uponconfideration of all which it may well be conceived 
 that the power of the Lords in confenting or dilfcnting to 
 the marriages of their T^nants^ Widows, and Wards, was not 
 fo much an ufurpation upon the common right of the Englirti 
 fub)e(Sts, as a cuftom rationally , and with great wifdom , as 
 the courfe of affairs then flood , upholden and allowed a- 
 mongft them , principally for the: fpeedy fettling of a peacea- 
 ble go vernmentj.andconfolidating of- two Nations into one, 
 and wherein England was then fo happy as to come to a con- 
 clufionin feven years, which coft their Anceflors nigh two 
 hundred years experience with the Britans , bcfidesa world of 
 blood-flied that might have been fpared, e're they could find 
 out the right way to adefire^Jpeace^by nputnal mawriages had 
 
 between them. ,_,,,, ; ; ... ',:.>::lj;r:j V' i' i ' .. ;. f 
 
 ;qz vvr. f iioXL? aril yd psv; 3r'li ?boop 
 cjp.^. Such widow Ihall have the cuftody of the. Lands of fuch 
 
 4. children, or otherwife fuch other perfon as by right ought to 
 Ward(}'}ip, have the fame. .. ,;;^r.' ^^'^-ui ../i-! .-.isSfiiiii^nJ 
 
 This i^ the firft news of Wardfl^ipSjlhitpaffBi abroad ^'«lr»«rf 
 privikgio.pi a received Law,: which together with the; tormdi?^ 
 declare the right cuftom of the Normans ,: and thereby the 
 M. ?ms- injtijiat cortfuetttdmes qnibm Angli£ regnnm opprimebatur^ viz. 
 Arbitrary relief taken of the Tenant's eftate, arbitrary marria- 
 ges made of their perfons, and arbitrary grants of guardianfhip- 
 of their Lands , for as yet opprellion was not (b high. flown as 
 to caft the government'of the perfons of their Wards outof the 
 view of the Lords provirionarycare,upon ad venture of the next 
 in Law, whether man or woman,wife or unvvjfe.under pretence 
 to train him up in military fervice fit for the Lord's own fafety, 
 and the Kingdoms lifeguard .* but it w.as the. proper groihnd'' 
 of the Lord's own feifurc and rightofwardQiip^ he being lo(t) li- 
 ed upon by thceyeof ;Common reafon as the only; meet man 
 that both could and would cfled: that work , fo as might be 
 moft advantageous to the publick> which fecined to be chiefly 
 
 con- 
 
JSfO R 714 AN S, 
 
 149 
 
 concerned herein i. and upon the faane general ground the fur* 
 
 vey ot fools accompanied the former, albeit it was. not in 
 
 pradicetii! Hettry the firft brought it in,as the MirrnrofJit\\ice^ 
 
 faitli (fo. 258.) yet it came upon an ancient foundation laid in:^^; c,,„,,f ,7. 
 
 the time of the Danes. Formy ownparti will not difpute the 
 
 point whether this cuftom of Wardtliip, was purely Norman, 
 
 or whether it was derived from the Saxons anciently, who pof- 
 
 fibly might have Ibme refped to Orphans, in fuch cafes to 
 
 train them up for thepublick fccvice in point of VVar,efpecially 
 
 being poffeflbrs of a known right of relief, as well as Alfred 
 
 the Saxon King did undertake the work for the training of 
 
 fomefuch particular perfons in learning for the fervice of the A//^'"' ^^'■"^■** 
 
 publick, in time of peace and civil government i yet thus much 
 
 appeareth that guardianfhip of Lands was a known cuAom 
 
 enough to make and maintain a right, and that it by 
 
 Law was a right belonging to fome perfons before others , and 
 
 that this had been a cullom before the former unjuft cufioms 
 
 crept into g;ovcrnraent of the Conquerour, arid principa]!y/*bf 
 
 his Son Kufm \ and though it be queftionabJe whctherit fettled 
 
 firrt upon the Normans or the Englilh, yet it's manifeft that if 
 
 one people had it, the other people now coming into union 
 
 with tliat people, could not in rcafon except agait/ft that! 
 
 c'uftom which the other people had taken ap upon fo honours-' 
 
 ble grounds as reafon of State, which as ttiei times then were, 
 
 was evident and fuperlativei especially thecuHoms being under 
 
 the regulatirgof Law,andnot of any arbitrary power, and 
 
 can be no prc]pents of the relief, Marriage and Wardfliip that 
 
 after ages ufurped.- . ,_ : u 
 
 Tcnsnts in KnightS'fcrvice (hall hold' their Lands, e^^c. ac- 
 quitted of all Taxes, that t!iey may be more able to provide '^^^' ^' 
 Arms, and be more ready and Ht for the Kine's fervice and 4 ^' » 
 defence of the Kingdom. ..;,.. ■i. ' Acquittal. 
 
 This Law whether it be a renewing of a former cuAom 
 or an introdudion of anew Law, it's clear it- was upon an 
 old ground : That Tenants by Knight-fervice miift be ready 
 for the fervice of their Lord , and defence of the Kingdom, 
 whereof afterwards ; But the Law is,that thefe men (lull hold 
 
 .!; 
 
1^3 NO RMAN S, 
 
 their Lands of that Tenure acquitted of all Taxcs,though legal- 
 ly impofcd upon the body of the Kingdom,which muft be con- 
 ceived to be for the publick benefit, viz. either for the prepa- 
 ration or maintenance of publick war j for in fuch cafes it hath 
 been in all tinnes held unreafonable that thofe whofe perfons 
 are employed to ferve in the Wars (hould hold Lands doubly 
 charged to the fame fervice, viz. to the defraying of their own 
 private expences in the War, and maintenance of the publick 
 charge of the fame War befides. 
 
 CHAP. LIH. 
 
 Of divers L^ws made concerning the execution of 
 Jhliice. 
 
 ALthough in proceedings in cafes of vindicative Juftice 
 delinquents might fcem to be left rather to the fury 
 than mercy of the Law '•> yet fo long as men are under 
 the Law, and not without the Law, it hath been always held a 
 part of Jurtice to extend what moderation might poffibly ftand- 
 with the honour of the Law, and thatotherwife an over rigid 
 and fierce profecution of the guilty is no lefs tyranny than the 
 profecution of the not guilty *, and although violence was the 
 proper vice of thefe times, yet this point of honour muft be 
 given to the Normans, that their Sword had eyes, and moved 
 not altogether by rage, but by reafon. 
 
 1. Nofentencefhallpafsbut upon averment of the complaint 
 
 LhUen.i.c.^. by accufer or witneffes produced. 
 
 * 2 Fine and pledges (hall be according to the quantity of the 
 
 Li Hen 1 offence. 
 
 M Faris. ^Y ^hcfe two Laws of Henry the firft the fubjeds were deli- 
 
 vered from three great oppeflions : Firft, in making them offen- 
 ders without complaint or witnefs. Secondly , in impofing 
 immoderate fines. Laftly, in urging extraordinary bail. 
 
 For- 
 
NOR MAN S. 151 
 
 Forfeiture of Felons Lands is reduced to a year and a 3. 
 
 ^Jjy^ Miror.jo.i6l. 
 
 The Normans had reduced the Saxon Law in this cafe unto 
 their own LaftjWh'ch l^retched their dcllre as far as theeftate 
 would bear i but this being fo pvcjudicial to the immediate 
 Lords, who were no offenders in this cafe, and fo contrary to 
 the Saxon Law, it was both done, and undone in a fi^ort fpace 
 by the allowance of Henry the hrli. 
 
 Intent of criminal offences manifefted by Adl puniChed by a 
 
 fine or muldt. 
 
 This by Alfred's Law was puni(hed by Talioes Law,but now Miror.fo.if^. 
 by a Law of Henry the firft reduced to muldls. 
 
 Mainperners are not to be puniflied as principals, unkfs they 5, 
 
 be parties or privies to the failing of the principal. 
 
 This Law of Henry the firft repealed the former Law of Ca- Miror.fo.\\\, 
 nutHs^ which muft be acknowledged to be rigorous , although 
 not altogether without rcafon. 
 
 No pcrfon (hall be imprifoncd for committing of mortal ^^ 
 
 crime unkfs tirft he be attainted by verdidof twelve men. Ll.Hin, i.c.u 
 
 By imprifonment is intended clofeimprifonment, or impri- 
 fonment without bail or mainprife \ for otherwife it's apparent 
 that as well by the Saxon as Norman Laws men were brought 
 to Trial by reftraint. 
 
 Appeals of murther retrained within the fourth degree. 
 
 Before this Law Appeals were brought by any of the blood * 
 
 or kin of the party llain ; but now by Henry the tirli reftrained. j^-^^^.. 
 The ground fcems to be, for that affedion that runs with i\\t Scc.7. 
 blood, grows fo cold beyond the fourth degree that the death 
 of the party is of fo fmali account, as can it fcarcely be reputed 
 a lofs of fuch confequcnce to the party, as to expofe the life or 
 price of the life of the manflayer unto the claim of fuch an one's 
 and thus the Saxon Law that gave the fatisfadiion in fuch cafe 
 to the whole kinred, became limited to the fourth degree, as I 
 conceive from the Ecckfiaftical conftitution concerning marri- 
 age. Two 
 
 ca^. 
 
152 NO K JkAN S. 
 
 Two things more concerning juridical proceedings may be 
 noted, the one concerning fpeedy courfe of Juftice , wherein 
 they may feem ro juftifie the Saxon way, but could never at- 
 tain to their pace , in regard they yielded To much iime to 
 Summons, Eflbyns, &c. The other concerns eledion of 
 Judges by the parties i for this we find in the Laws of Henry 
 the Hrft. 
 
 CHA P. LIV. 
 
 Of the Militia during the Normans time. 
 
 T 
 
 He power of Militia is either the kgiflative or executory 
 power ; the legiflative power without contiradidtion refted 
 in the grand Council of the Kingdom, to whom it belonged to 
 fftablifh Laws for the government of 'the Kingdom in time of 
 peace. And this will appear in the preparation for War, the 
 levying of War, and managing thereof after it's levied : for 
 the preparation, it confifteth in levying men and munition , or 
 oj money ■, In all which queftionlefs will be a difference be- 
 tween railing of War by a King to revenge a perfonal injury 
 done to the King's own perfon, and a War raifed by the whole 
 Kingdom, or reprefentative body thereof, which is commonly 
 done in defence of publick intereft, and feldom in any offenlive 
 way, unlefs in recovery of a right poffeffion , either formerly 
 lorr,'or as yet not fully fettled. Now although it be true, that 
 feldom do injuries refledl: upon the King's perfon alone, but 
 (hat the Kingdom will be concerned therein to endeavour a 
 remedy •, yet bccaufe" it may fallout otherwife, Kings having 
 been occalioned to levy War of their own accord, but in fuch 
 ca'fecoald neither compel the perfons of his fubjedts or their 
 eftatcs to b>e contributary. And of this nature I take the War 
 levied by H<7ro/^ againft the Conquerour to be, wherein the 
 greateft part of the Kingdom was never engaged, nor therefore 
 did it feel the dint of the Conqucrour's Sword at all i and in 
 this cafe the Militia muft be allowed to fuch as bear the purfe ; 
 
 nor 
 
NORMANS. 155 
 
 nor can it be concluded to be the Militia of the Kingdom, nor 
 any part thereof, although it may connive thereat. But to fet 
 this confideration alide, as not co-incident at all with the Nor- 
 man engagements after they were crowned, and to fake all the 
 fubfequent Wars to be meerly defenfive of the right cf the 
 Crown, as in fober conftrudion they will appear to be; as 
 touching the levying of money, it's evident that it lay only 
 in the power of the grand Council of the Kingdom-, for 
 otherwife the Laws were fettled that no Tax (hould be made or 
 taken, but fuch as were due in the Confeffor's time, as former ly b. 1^6? 
 hath been (hewed. Secondly, for the preparing of men and 
 munition, it was done either by Tenure or by fpecial Law i as 
 touching Tenure, it was provided by way of contraft , that 
 thofe that held by Knight's- fervice fhould be ready with their 
 Arms to affift the King for the defence of the Realm : So as 
 they were not bound by their Tenure to aid him in any other 
 cafes. Others were alfo by efpecial Law of the Land bound ^^ GuUtlm 
 to be ready for their fervice in that kind ; For all the inhabi- cap. rj. 
 tantsofthis Kingdom held their cftatcs under a general 
 fervice, which by common right they are bound to perform, 
 viz. in time of danger to joyn in defence of their Countrey : 
 This is the common fealty or allegiance which all men owe s i^i ^ f^gj 
 and which if negleded or refufed, renders the party guilty of ^ ^J -^ 
 treafon againft his Countrey, and his cftate under the penalty 
 of forfeiture, according to the old Saxon Law revived and de- 
 clared by Henry the firft. Thus the Law made preparation for LhHen.u. i j 
 the War, both of Men and Arms. Caftles and Forts were like- 
 wife either firrt made by the order of the grand Council , or LI. Gulklw. 
 otherwife allowed by them for the defence of the Commons, <■'^^ -^ i ■ 
 and the Kingdom \ fo was the Law of IViHiam the hrft. The 
 levying and managing of the War muft not be denyed de 
 jure to belong to the rcprefentative body , fo far as may 
 confift with the directory part, for that it is a main part of 
 the government of the Kingdom in times of War: And 
 therefore Hp«r)' the firft, amongU his Laws made in the ordi- 
 nary courfe of Law making, provideth for the ordering of 
 men in the army in the held, and eliabliflied a Law , that fuch 
 as forfook their colours or afTociates in the field, during the 
 
 Y battel 
 
,54 NO RMAN S, 
 
 battel, (hould be puni(hed with death , and forfeiture of his 
 whole eftate. Nor yet can it be dcnyed but that defaC^o Kings 
 of their own accord, and by fecret Council did dired therein i 
 either in the vacancy of Parliament, which was the general 
 cafe of the firft times of the Norman Conquctour , and the 
 whole Reign of VVMam K ufus \ or by connivance of the grand 
 Council , while they faw nothing done but what was welt 
 LliJcn.i.c.i} done. Nor can it be rationally faid that Kings by fuch advice 
 as they have (in the recefs of the grand Council J levying War 
 in defence of the publick, according to rules, do otherwife th^n 
 their duty i or if the grand Council look on, fee hothiag mif- 
 governed, and fay nothing, that they do other than is meetj 
 For it rauft be remembred, that Kings in their firft original were 
 rather Officers for War than peace i and fo are holden by all 
 Antiquity, and as Generals in War were called Keges or Impera^ 
 tores by the Grecians , Romans , and Germans : and at fuch 
 times as War was concluded, at the general meeting of the 
 people they chofe their Vux or Kex^ call him which you pleafej 
 and he being chofen,all bound themfelves to be at his command, 
 and to defend his pcrfon : fo as while a King keepeth his within 
 his place, in time of danger it's his duty firft to ftir himfelf, and 
 ftirup the reft i to lead them and order them, as may be moft 
 for the publick defence, and to govern the Army by fuch Laws 
 as are or ftiall be eftabliftied by order of the publick meeting,and 
 in cafe of fudden exigencies to ufe his own wits i and in all 
 this is the common liberty no whit infringed, in regard that all 
 is for thcpublickdefence, to which the Knights are bound by 
 their Tenures, and all others by the Law. And this was this 
 Kingdoms cafe in the Normans time, that both Leaders and 
 Souldiers, whether by eledion of the peoplc,or prcrcription,yet 
 all ferved for the defence of the Kingdom. Nor were they com- 
 pellable to any other fcrvice inconlillent therewith,nor to ftand 
 to any judgement in fuch cafes differing from , or contrary to 
 that of the Parliament it fclf. 
 
 CHAP. 
 
NORMANS, 155 
 
 CHAP. LV. 
 
 7 hat the entry of the Normans into this I/land could not 
 he by con que ff, 
 
 THat in point of fad the entry of the Normans into E«^- 
 land was not by Conqueft, will fufficiently appear from 
 what hath been already noted. Ilhallmakeone ftcp ^^^. 
 further, and fliew, that as affairs then ftood with the Con- 
 querour, it was impoilible for him to merit that name againft 
 the ftream of providence , that had pre-engaged him to three 
 forts of men, viz. the Normans, the Clergy, and the Commons 
 of England, 
 
 \ Jt muft beit^ken for a ground that Duke William muft give 
 all fair correfpondency to the Normans , confidering they arc 
 members of his ownbody,and the arm of his ftrcngth , with- 
 out which he could do nothing. And it's not lefs certain, 
 that however the Sea divided the two Countries , yet long 
 before the arrival of the Army, the Normans and Saxons were ^- ^'^<i^- 
 fovyeU acquainted by the latter accefs of the Danes, that ^": '°p 
 partly by marriage and other interefts the Normans made fo ''^^ '**''"'"'• 
 great a party in E«g/<««d^, as that party merited no lefs from^'^^' 
 the Duke in his entrance, than thofe he brought with him* 
 andthereforeboth they and their Allies in all reafon muft ex- 
 pe<^ fuch reward of their faithfulnefs to him, as the other hadi 
 nor could the Duke deny the fame , unlefs he had difclaimed 
 his own interefts , whereof he had none to fpare. Secondly, 
 their merit from the Duke was accompanied with no lefs 
 mutual relation to his Army, being of the fame blood with 
 themfelves, and of ancient acquaintance, and as impoilible 
 for the Duke to keep them from confociation with the mixed 
 people, as to abftra(ft the mixed people each from other i one 
 or both of which muft be done, and the Conquerours muft be 
 kept from incorporating with the conquered, or elfe the Law 
 of Conqueft cannot hold. Thirdly, if thefe two had failed,yet 
 
 Y 2 had 
 
156 NORMANS, 
 
 had the Duke by his manner of rewarding his Army difablcd 
 himfelf from holding , however he might fcem to have by 
 conquert. This was his gift of Manners, Lands, and Franchi- 
 fes unto his Souldiers,compleated with their ancient rights, 
 and priviledges in free fervice i otherwife it iiad been little 
 better than a Trap to bring his own men into bondage, who 
 lately were free Souldiers under no better than a Duke of their 
 owneledioni and their government in their own Countrey, 
 however big, yet had not brought forth a foveraigncy into 
 the World i their Duke no compleat King, nor thcmfelves fo 
 mean as vaiTals > and it was equally difficult for him to get 
 up higher, as for them to ftoop lower : And however, it was 
 dangerous now forthe Duke to try mafteries , unlefs he meant 
 to hazard all , and to change the fubftance for the fliadow. 
 Laftly,to lay themall afide, and to take the Normans as in 
 themfclves confidered, a people under fuch Laws and Cuftoms 
 as were the fame with the Saxons, and originally in them> and 
 from them derived into Normandy by K.fl//o or fome othet i 
 or take them as a people willing to lay afide their own Law, as 
 fome Writers affirm, and more willing to take up the Danifli 
 cuftoms, which were alfo very nigh a kin to theirs, and in part 
 fettled by the Danes, in that part of the Kingdom where them* 
 felves moft refided. It muft be concluded, that a government 
 by Law was intended, and fuch a Law that was no way cro(s 
 to the fundamental Laws of this Kingdom , but concurring 
 therewith j In every of which regards the future generations 
 may juftly claim their immunities as fucceflbrs and heirs unto 
 the Normans, albeit no Saxon could have enjoyed or derived 
 the fame topofterity. 
 
 A fecond fort of men that made the King uncapable to hold 
 by conqueft was the Clergy, a confiderable part of the King- 
 dom in thofe days, when as in every Nation they grew check- 
 mate i and in this Kingdom had well nigh the one half of 
 the Knights fees, and thereby a principal part of the ftrength 
 of the Kingdom, befides the confciences of them all i and for 
 a referve they had the Pope in the rear, whofe power in every 
 Kingdom was little inferiour to that of the King's own, and 
 therefore fufficicnt to ftop an abfolute Conqueft, unlefs it were 
 
 firft 
 
NOEMylNS. 157 
 
 iirft conquered. But the King came in upon great diladvan- 
 tages in both thefe regards ; For whereas his pretence upon 
 his entry was to advance Juftice principally toward the Clergy, 
 who formerly were wronged by Harold , or voiced fo to be, 
 this bound him from injulhce and opprellion i and further- 
 more theP.opehad him in a double bond i one as Prince 
 
 ;of the Englill^ Clergy ^ the other as judge of the Title of the 
 
 •Crbwn by the King's own cledion ^ and that by fentencc \ for 
 the King had merited of iiim, if not to hold the Crown it 
 felf by Leak) to the Roman See, yet by fuch ferviccs , as that 
 the Tripple Crown tliould be no lofer. The King therefore 
 Tnuiftyeiblvetoihave no mdre to do with the Church than 
 ■WJiU.l^and wiith,th<^;Pppc's liking, unkfs he naeancd to adven- 
 ture himfclf and all he had into the danger of the great curfe, 
 of wljifh the King would fcem more ftntible than perhaps he 
 
 -was* , Npjt were thofe times of the Church fo moderate, as to 
 bring fpjsthChurch- men that would catch thcgodd will of the 
 Laity by^Ojjdefdenj^iork^pr Pepesof thai height of perfedion 
 as to part with one tittle ot their great Titles, much kfs ought 
 of that pitch of power which they had griped, though it would 
 fave the World from mine. In all which regards the Norman 
 Duke was too far inferiour to attain by conqueft any thing in 
 this Kingdom, wherein, ihe Pope or Qicrgy claimed ought to 
 have or do. 
 
 A third (ort of people avoided the dint of Corqueft either 
 by timely fiding with the Norman, or by conlhnt rcllfting of 
 him, or by neutrality. Of the iarft fort were many, both Lords 
 and others, that .by affinity and.^onfanguinity were become /j(>^,^jo».W.«f. 
 Englini men to f^ic Jj^^'^i^an uf(;^i, Qtl^grs were purchafcd there- 
 unto by theClcr^Vv'tr)at wer^7(^(-)y"^ Pope's honour, 
 that was engaged in the wdrk.: "Of thofe likewifethat w;;rere- 
 folute in the defence ot thclibcny ot their Country there were j^^ ^^jr. j 
 notia few that pu.rthafe-i their libel-ty , who othcrwife might "^"'^"' 
 jundej preten^p ef treachery have forfeited the fame to the 
 Rapacious Ji.uiTTiPur of theConqucrour •, and this was not done 
 o^ry by valour, for Komandy. (\ood in a tottering condition 
 with their Duke i partly Jrawn away by the French, that fear- 
 ed the Duke would be too Ikong for them i and partly de- 
 clining 
 
,58 NORMANS. 
 
 dining their own further aid, Ic^tt thdr Diike-Dioutct be Jtoo 
 great for the Datchy. It-was therefore wifdoinrm 'the Cptii- 
 querour to fettle the Engli(h affairs in the faireft way to gain 
 them for himfelf, who had been fo brave againft him. But 
 the greateft number, efpecially of the Commons , 'looked on 
 while the game was playing, as contented with thecaft of the 
 Dice, whatever it (hould be. Thefe were, aftawards by the 
 King looked upon, not as enemies Cas thepreSdent o{ Edmn 
 ^ of Sharneburn witneffeth fufficiently) but upon fwch as either 
 
 ^ "JJ- -17- -WQXQ or by fair carriage would be made hisfriends i and there- 
 fore he concluded them under a Law of aflurance , that they 
 that had been fo peaceable^ (hould- have, and enjoy theit Lands 
 as entirely and peaceably as they had form^lf 'd(i)ne before' Ms 
 entry. To conclude therefore this point ; iJF thefe three parties 
 of the Englifli Normans, the Englifh Clergy, theftout Englifh, 
 and the peaceable Englifh be fet afide from the Titk of Con- 
 queft, it will be probable that not -one tehth part <jf the King- 
 dom were ever 'Under other change thaiT' of the - Goverftour's 
 own perforii;*'' Ti \^' fii ^<^ '-?iin:» ono Hiiv/ Ur. 
 
 r "ill J — ,Mi. w )>.'"". : . . .- :ji •- J ■! < • .;■ *»-■ I' :u'Ji J ... r 
 
 A brief furvey of the'feitce of Writers concirmftg'' the 
 
 point of conqueji . • 1 
 
 T He clamours in' ftorythtit the Conque^i;dtir'al tired a'nd mi^^ 
 ^ Laws at pleafute; iirtiiight in ^e\!v c^ftonis , ffloleftetf^ th'e 
 <ii^i', ' jperfons and eftates of th^ pe'pple With depopulations, e^^- 
 tortions,and oppredions, ani^ others of that riature,haVe made 
 latter times to conclude his government to be' "C as" df a Con- 
 querdur) meerly arbitrary, and that he did 'v^^hat ti'e' lift ^. il8w 
 differ'cnt fhi^ concUifion is fr6m the intcht df i\foK^^'V^xkcW\ 
 khoWv\ot\ but if the King*5 Title and.O'dv£i'hffie'At\»^^^^ 
 ConquerOur, th^ was his will the only Law^ ^nd^^'cahj'aitiiij- 
 nifter no caufeof complaint of wrong and' oppreffidn \^^i 
 therefore if thefe be taken in nature of complaints, they dedaife 
 
 plainly 
 
HOR\MyiN Si.'A I59 
 
 plainly that there was a Law in Title, or elfc there could have 
 been no tranrgrcilion or caufe to complain. But if the Reader 
 fhall apprehend fhefe palTagesin Writers to be no other thin 
 fober relations,, then were it not amifs tO: conlider from what 
 fort of men thefcicomplaiivs or relations do proceed, viz. from 
 Writers tliia( have been jcloyitercd men, little feen in affairs of 
 State more than by common report and rumour ; prejudiced by 
 the King's, difpkafurc againft their Cloyftcrs, and therefore ap« 
 prch^nfivp qC uiattersin-.theCadiicA fence, and many tinjcs far 
 beyond the truth, and might as well be fuppofed to mif-relate, 
 as.tpmiffake. For if we ftall touch upon particulars, I think '• 
 
 Dp rpan will deny but the King allowed property indifrerently,as 
 well to Normans as Englifli, if the premifles be rightly conli- 
 degr^d : ?nd therefore though fomc what be true ot the plun- 
 deritjgof bopfc$ of Religion, pcrfccuting of the Englifli No- 
 bility,; depofing of BiH^ops and Abbots, whertof they fpcak v 
 yet all rpight bedefervtdJy done in a legal way, and in execu- 
 tion of julHce,, whereof Hiftorics ,ire .<n.ot altogether filent i 
 Neverthelefe, if in theprofecution the King did f]iew a kind of 
 rage, and fome.rafhnefs, if.might bejiTip.uted to the common 
 infirmity of great men j for as opprcflion upon thofe that are 
 inferiour, makes them mad, fo doth treachery againft them that 
 are fuperiour make them little other i cfpecially if they be o- 
 vertaken \yith a fit of paffion in the inftant,or their minds wrap* 
 cd into a 5vJ;iirlpoQl of affairs. 
 
 But the change of Laws rnak'es the greater noife v wherein 2, 
 
 what change they fuffered, may appear from the pretriiffes, if 
 Writers have dealt uprightly ■■, Othciwife general imputations 
 without particular inftances will never fway opinion con- 
 trary to the current of the Laws that are publiOied ■•> efpccially 
 feeing we have obfervcd the errour of the beft Hiftorian of 
 thofetimes, in calling thofe things new which were anciently, 
 ufed in England^ before Normandy was in a condition of a (fate. 
 Yet if this fliould be granted, and that there were fuch change 
 of Laws as is pretended, it makes nothing to the point of con- 
 qucft, fo long as the new Laws are made by advice of common 
 CoungiJ,and torthc common good i and fo long as tliey 
 
 are 
 
l6o NO R AIAN S. 
 
 are c(hbli(hed to be rules for government. I remember it's 
 a fSrmed by fome of thofe ancient Writers, that the Duke or 
 King would have brought in the Cuftomsof Norway^ but the 
 carneli mediation of the Englilh prevailed againft it: and it 
 cvinccth two things to my opinion ; Firft,that there was qufefli- 
 on made what Law fl-jould be eftablifted. Secondly, that not- 
 withOinding the intereft that the Normans had in the King- 
 dom, they could not prevail to bring in the whole body of 
 their Law, or of the Cufto|tis of 2sror«?ii)', which were not only 
 the prima water iao( iheW Law, butalfoio kind had a fettling 
 at that very time in thol: places of this Kingdom where the 
 Danes had their principal feat; and therefore rot altogether 
 Ihange to the Saxcns themfclves. The fum of which will 
 be this, that upon debate a Law muft be fettled, and that not 
 the Law of the Conquerour's own will, nor the Law that fuits 
 with his defire i but the ancient Law of the Kingdom : and 
 therefore if at any time the unquietnefs of fome of the Engli(h 
 brought the King to fome thoughts of arbitrary rule , and to 
 fliake off the clog of the Saxon Law^ it was long e're it fiirred, 
 and fprang up too late to raife the Title of Conqued, and wi- 
 thered toofoon to fettle it. 
 
 As touching the change of Cuftoms(for that alfo is imputed 
 to the Conquerour ) it cannot be denyed but fome altera- 
 tion might be in matters of fmaller confideration j yet aire the 
 \fV'riters not without miftake in the particular inftances : For 
 whereas they tell us that the Conquerour took away the 
 curtom of Gavel-kind, and brought the cuftom of d€fcent 
 to the eldef\ Son ; and that Kent faved their liberties and con-' 
 tinued this cullom of Gavel- kind : I (liall not contend about 
 thelibertiesof K^«f, butmuft tilll fee better reafon hold the 
 opinion of the change of inheritance to be a mecr conceit: 
 For ( bel^des what hath been -already faid concerning that 
 cupcm <5f Gavel- kind) if we believe G/4«i77 , the difference 
 was between Lands holden by Knight's- fer vice, and in focage : 
 It'j '. cap. ;. thefirllof which in his time by ancient cuftom always de- 
 fcendcd totheeldcft : and thofe Lands that were holden in 
 Socage Cif not partible by cuftom, in which cafe they went' 
 equally to all the Sons) went by cufton? in feme places to' 
 
 the 
 
NORMAN S. \6l 
 
 the eldeft, in other places to the youngcft-, fo as the rule of 
 inheritance in the Norman times was cuftom , as well as in 
 former times. And furthermore, if the cuftom of Gavel- kind 
 had been the general cuftom of this Nation^ the King by his 
 change had contradicted his own Prerogative, and granted as 
 great a liberty to his fubjeds as could have been invented ; For 
 had the cuftom of Gavel-kind happened upon the Lands in 
 Knight-fervice, it had brought all the Sons under the Law 
 of WardOiip, and had made a ready way to enthrall all men 
 of worth, and undoe all husbandry i thefirft whereof had been 
 asadvantageousto the King's private intereft, as both destru- 
 ctive to the publick. 
 
 Nor is it clear from any Author of credit, that the Normans 
 changed the Tenures of Lands ■•> albeit that it cannot be deny- 
 ed but fuch Lands as he had by forfeiture, or otherwife, vfLxc in 
 his own power to difpofe upon what Tenure he pleafed » for 
 as well before the Normans time as long after, Tenures were 
 like as the fcrvices were, all at the will of the donors and were 
 of as many individuals almoft as the minds of the ownersi fome 
 being of more general regard and publick ufc, are recorded a- 
 mongft the grounds of Englifti Laws •, none of which appear 
 %o me to be of Norman original, although they received their 
 names according to that dialedi. 
 
 The next thing objeded is the change of Language, which 
 thing fome Writers tell us the King endeavoured \ or which is 
 worfe, to be fo abfolute, as to be abfolute Tyrant, and to pub- 
 lifti Laws in a foreign Language , that the people through 
 ignorance might the rather tranfgrefs , and thereby forfeit 
 their eftates. This (if truej fo far differed from the nature of 
 a Conquerour, as rather proveth that he was put to his (hifts : 
 Neverthelefs the thing tafteth fo much of fpleen , as it might 
 occafion diftruft of other relations concerning this fubje6t: 
 For befides that it is nonfence for a Conquerour to entitle 
 liimfelf by a cheat, where he hath an elder Title, by conquefti 
 I (hall in full anfwer to that calumny infert a paffage of an Hi- 
 Itorian that was in the continual view of publick x^dXxs in 
 thofe times , who fpeaking of the Conquerour faith, That he 
 commended the ConfefTor's Laws to his Juftices in the fame 
 
 Z Language 
 
 Littlct, 
 
l52 NORMANS. 
 
 Jnguljus. Language wherein they were wonted formerly to be written* 
 left through ignorance the people might raOily offend. And 
 M. Taris. another Authour faith, that the King had a defirc to learn the 
 /i-j^«/. EngliCh Tongue, that he might the better know their Law, and 
 
 GuUclni. judge according thereto. It's probable neverthelefs , that the 
 Laws were in the Norman Tongue •, and it's no lefs likely that 
 the pleadings, in real Adions efpccially, were alfoin the fame 
 Language : elfe muft the Normans be put to fchool to learn 
 Englifli , upon peril of lofs of their Eftates: but that either 
 the written Laws were wholly concluded into the Norman 
 Tongue,or that the publick pleading of caufes by word of 
 mouth in all Adions where the iffue was left to the Country, 
 were in any other Language than Englifli, no advifed Reader 
 will conceive ; feeing it had been a madnefs for an Englifli Jury 
 to pafs their verdidl in any cafe wherein it's likely many of them 
 underftood fcarce a fyllable of the Norman Language, much 
 lefs ought of the matter upon which their verdidt (hould be 
 grounded. Add hereunto, that it's not likely but theConque- 
 lour inhibited the ufe of the Englifli Language in all matters of 
 publick Record, in as much as the Charters made by him to 
 corporate Towns and Franchifes were fometimes in the Saxon, 
 more generally in the Latin, but feldom or never in thcNornhan 
 dialed: i and that pleadings and indidments were entrcd i in 
 like manner in the Latin Tongue (as formerly by an old cuftom 
 brought in by the Clergy was ufedj for the Clergy, who had 
 gotten the Key of knowledge and Law into their own cuftody, 
 la|d it up in that Language whereof the Commons had little 
 ' kflowledge, that they might thereby be enforced to depend 
 
 upon thefe men for juflice, as well as for piety. The Normans 
 therefore either found it too hard to alter the former cuftom in 
 fuch cafes i or elfe thought it the wifeft way to chufc the La- 
 tin as a third Language indifferent as well to the Norrnans as 
 Saxons, and bell; underftood of any foreign Tongue bclidcs; 
 and yet endeavoured to bring both peoples into one Language, 
 ^ as they were intended to be one people ", and to prefs the u{e 
 
 of the Norman Tongue in publick affairs, fo far as might con- 
 fift with good government and Juftice, leaving time and occa- 
 tlon to work the iffue^ which doubtkfs was mnchjand had been 
 
 more. 
 
NO R MA NS. I 6^ 
 
 more, had the Norman race continued in the Throne. But 
 falling out otherwife, theEnglidi blood prevailed in the head, 
 and the Language continued pofTeflion, mixed only with fonne 
 Norman words, as the people alio were a mixed people. So 
 as the Language was not changed, though it was altered, 
 
 Laftly, it's affirmed that the Normans did impofe a new 5. 
 
 cnftom called Covcrftu •, and it's thought by Ibme to be a mcer 
 vafTalage, that every man at the noife of the Bell every night 
 muft put out both fire and Candle i and yet is a matter of fo 
 fraall concernment, that (of being in it's own nature conveni- 
 ent_) Scotland received it without fuch coercion : and can be 
 reputed for no other than a feafonable advice,which any Corpo- 
 ration in time of danger might order within their own Precind^, 
 without tranfgrefling the liberty of the Subjects. Of lefs con- 
 fequence is that change, which is alledged was brought in by 
 the Normans in the fealing of Deeds of conveyance, by fetting 
 a print upon Wax annexed to the Deed, which formerly was 
 wont to be by fetting a print upon the blank at the end of the 
 Deed > and yet it's looked upon by fomc as a Trophy of Con- 
 queft or abfolute government : concerning which , I will not 
 difpute whether the Normans firft brought in thiscourfe , but 
 (ball reft in this, that the King being about to compleat the u- 
 nity of the Laws in the fuperftrudure as well as in the funda- 
 mentals, if herein and in fome other particulars the English 
 fubmitted to the Normans, they likewife ftooped -to the Engli(h 
 Law in other things ; and therefore fuch concurrences ought 
 not to be imputed unto a conquering power, but unto modera- 
 tion amongft a company of wife men. 
 
 Thus having glanced at the changes of Property, Laws, Te- 
 nures, Language, and fome cuftoms, we come to that which is 
 the main occalion of all thefe complaints , I mean unlawful 
 Taxes J afforftinges, and other fuch oppreffions upon the eftates 
 of the pebple : concerning which I purpofe not to contcnd,for 
 much thereof is like to be true : the Norman Kings Cefpecially 
 the two lyUIiams) being under continual occafion of expence, 
 many Wars, more provocations,which kept them ever in Adion 
 and that wrought their fpirits into an immoderate heat , little 
 inferioui unto rage > and fo they might foon out-reach their 
 
 1 2 bounds 
 
l64 NORMANS, 
 
 bounds, and fit heavy on the peoples and in fijch occafions no 
 man efcaped, Norman nor Englifli, Clergy-inan nor Lay- man -, 
 nor did the Kings thcmfelvcs come off fuch gainers , but that 
 they might fomctimcs put up their gcttings into their own eyes, 
 and fee never a vvhit tlk worfc. And yet to do them right, they 
 were not always of fuch fad influence, but had tlicir lucida in- 
 tervalla ■-, efpecially he that iiad theleafi caufe, I mean the Con- 
 querour, who certainly was a man of a ferious regard, and did 
 not onlyjremit fomerimes his rigour in exadling where he ought 
 not, but alfo torbare to require that which he had feme colour 
 to demand: for whereas the Dane-guelt was left unto him in 
 the nature of an annuity, he was contented to turn it into a fum 
 in grofs, and to demand it only Cum ab exteris genttbw bel'a vel 
 Hoiedcn. opittiones bellorum infurgehant ■, and it was then done cofifultU 
 magnatibw. Thefe things thus conlidered, might have molli-" 
 fied fomewhat the Pens of angry Writers.i and where they fail, 
 may be caution to Readers to confider occafions and difpofitions 
 of Princes \ and fo long as Laws hold in Title, to conilrue the 
 irregularities of Princes to be but as fieps out of the path to a- 
 void a little dirt, that a man may get home the more cleanly v 
 and therefore rightly can derive no other Title of abfolute Sove- 
 raignty to their fucceffors than to hold by infirmity. And thus 
 the Government under the Normans at the worft was but like 
 that of childhood, following fudden and prefent dclTres , not 
 wife enough to plot for abfolute Monarchy, nor to keep off a 
 polity, which ftill rooted underneath, though the fruit, while it 
 was now green, was harfh arid unpleafapt,:.:j bj^uqrni 3d oj loix 
 I (hall conclude thisNormaocJifcourfe with this" ad vcriifiS^' 
 ment, that notwithftanding the words Conquerour and Coaque^ 
 have often fall'n from my Pen, and hereafter may do the like, 
 yet can 1 fee no reafon why divers fucceeding Kings coming to 
 the Crown by argument of the Sword, and not by right of de- 
 fcent, may not defcrve the Laurel as well.as the- firft Norman' 
 King •, only becajife fame hath, fancied him that Title, under a 
 kind of prefcription, I do the like. 
 
 CHAP. 
 
Tke Govern- QSteven, K'lch.i 2 Kings of 165 
 
 Merit of '^Henry. 2. ]ohn ^EK^land. 
 
 CHAP. LVII. 
 
 of the Goverfiment during the Rcigrjs of Steven, J^ ^^ 
 
 Htnxy the 2. Richard /X^ l. ar:d]o\\n. Arid firfi H-.^^, 
 
 ef their Titles to the Crow/;, and difpofitiorts in Gv K to. 
 vernment* 
 
 9. n^ 
 
 I Have cutout this portion of qnehundredjwen^^nrl fiv^ 
 ^jears^f containing the Reigns of thcfe Kings ) apart from 
 their SucceiTors, in regard of their Titles > allot them being 
 under one general climate, and breathing ore air of eledli- 
 on, and compad between them and the people. Now was 
 the ilTue male of theltockof NormanJy quite walkd i I mean 
 in relation to fuccclfion by inheritance: for although it was 
 the lot of He}iry the tirft to have many children, yet it was not 
 his happinefs to iiave many lineal i nor to hold what he 
 h<id i nor of them all was there left above one that might pre^ 
 tend to the Crown, and it a daughter, who was the great 
 Grandmother to all the fucceeding Kings till this day. Only 
 King 5^fi'f« like an unruly Ghoft coming in upon the Stage 
 troubled the play during his time. This Daughter of H^/zry S^^''^^' 
 the firft was married to the Emperour BenryXho. fourth, and 
 furviving him was in her Father's life time acknowledged to be 
 his heir i (the Sea having formerly fwalfowed up the remain- 
 der of his hope) unto her the Lords fware fealty as to the 
 next fuccelTor in the Throne after the deceafe of her Father, 
 being led thereto by (he inftigation of her Father , whofe 
 confcience told him that the Title to the Crown by in- 
 heritance was weakncd by his own precedent , himfelf com- 
 ming to the fame by cledion of the people, contrary to the 
 Title of his Brother Robert. Neverthelefs this was not the firfr 
 time that the Englifh Crown rcfufcd to be worn by pradice > 
 for Hf«r)( the firii being dead , Steven the younger Son to a 
 younger filler of Henry the hrll: put up head : who being of 
 the Royal ftem, a Man, and a brave Souldicr , by the anci- 
 ent 
 
i66 
 
 The govern \ Steven. Rich.i. ? Kings of 
 mcnt of c Hen. 2. John. 5 Em^land, 
 
 ent courfe of the Saxons, had Title enough to be thought upon 
 in a doubrfiil (uccellion. Bcfidcs lie was a' rich man , and had 
 enough to raiH; up his thoughts to high undertakings, and a 
 Brother, a Bilhop and Legate to the Pope here in England^ one 
 wlio was ot" a high fpirit, and vaft power •, advantages enough 
 to have quickned a much duller fpirit tlian his was, who was 
 the Son of a Daughter to TFiUiam the Conqucrour > and to 
 make him yet more bold, he had the upper ground of the heir, 
 who was a woman,difadvantagedbyawhifpering of wilfulnefs, 
 and cuftomary government like an Emprcfs : which was too 
 high a fail for an EngliQi bottom, wherein fo precious a treafurc 
 as the Subjeds liberties was to be (hipped. Thus provided, 
 Steven ftepped up to the Englifh Tiirone, and with protertati- 
 ons of good government entred and made up the match both 
 for Crown and Scepter, the people waving the Title both of 
 Emprefs and heir > the pretenfions of the E. of Bloys elder 
 Brother to Steven gave way to the common Law and liberties 
 of the Subjedl to fallen, root and gather recompence aftfr the 
 violence of the Norman blafts was out of breath i thus making 
 way over hedge and ditch of all Oaths, till the King was quiet- 
 ly fettled in the Throne. 
 
 Quietly, faid I > that I mud retrad \ for he never had quiet 
 during his life, though generally he was vidorious, and did as 
 much as a King could do that had the paflions of a man and 
 Souldier, to give the Subjeds content. The true caufe whereof 
 was an errourin the tying of the knot , wherein he neither 
 became theirs, nor they his : For the fealty that was fworn to 
 him was but conditional and eoufque : and yet the King's pro- 
 mifes were abfolute, and better obferved than the peoples were, 
 polhbly becaufe his engagements were more. For befides his 
 proteftations, the King pledged his Brother the Legate to the 
 people, and mortgaged himfelf to his Brother : and to boot 
 gave both to the Clergy and Barons liberty to build and hold 
 Cafiles tor their private fecurity : the iflue whereof may mind, 
 that too much counterfecurity from the King to the people is 
 likefo many Covenants in Marriage,that make room for jealou- 
 lie, and are but feeds of an unquiet life ; and thus it befel this 
 
 King's 
 
The govern- J Steven. Rich. i. ? Kingt of 1 67 
 
 mentof c Hen. 2. John. ^England, 
 
 King's Reign. His hrlt troubles are brought in by Hidorians, 
 as it they dropped from Heaven, yet probably came immedi- 
 ately from without,!'/;::;, from beyond Sea where the Emprcfs 
 was : for as the King's engagements were in their hrft heat on 
 the one fide, fo was alfo the Emprelfes choler on the other fide, 
 and therefore might make the firft alTault : and the King's lirlt 
 fuccefs therein falling out profperoufly for him, conceited him 
 thathe was ftrong enough to encounter his own Covenant, al- 
 though in truth he invaded but the skirts thereof : I mean that 
 collateral fecurity of Caftles : for by experience he now feels 
 that they are blocks in his way, he mufr therefore have them 
 into his own power. But the Clergy are loth to forego their 
 pawn till they had their full bargain, rfor now they were work- 
 ing hard forinvcftures of the Mitred Clergy under the patron- 
 age of a Legate that had the King in bondsjaded their parts 
 fo well as they engaged the Nobility for their liberty of Cartlcs, 
 in which atchievemcnt the King was taken prifoner. The Em- 
 prcfs betakes her felf to the Clergy, and by the Legat's means 
 procures a kind of eledlion to be Queen : but fl^.e fick of the 
 Womans humour, and thinking too much of the Emprefs, and 
 too little of the Queen, and forgetting that the Englilh Crowa 
 would not fit an Emprefs, unlefs flie could ht her head firft fo it, 
 choaked her own Title by prerogative,and fo let the Crown flip 
 through her own hands, which fell upon the head of Steven a- 
 gain, who maintained it by his Sword , after by compolltion, 
 and then died a King : and thus like a vapour mounted up by 
 the Clergy, toffed by Tempers for a time, and at lengt4i falling, 
 gave way to the Crown to have it's free courfc to the EmprefTes 
 Son by Geojfery Flantagenep, 
 
 This was HifA/r^y the fecond, the moft accompliChed for wif- ff^;|,.y2^ 
 dom, courage and power, of all his predecelTors , and one 
 that wanted nothing but purpofc to have undone wlut the 
 foregoing Princes ind done, in the fettling of the liberties of 
 the people: for the fubjects were tired with the unquiet for- 
 mer times, and the Clergy in diftradion through the Schifm 
 in the Popedom between K/^or the fourth, and Alexander the 
 
 thi/d, 
 
1 68 The Govern.^ Steven. Rich, i . ? Kings of 
 
 »/e»t of "^Hen. 2. John. S England, 
 
 third, and very unfitting all were todifpute the point of pre- 
 rogative with fo mighty a Prince. And it was the wifdom of 
 God to order his affairs fo, as that he was not very fit to difpute 
 with the people in that cafe ; for his Title to the Crown was 
 not very excellent, being neither heir to the laft King that 
 reigned, nor to the lall of that Title, I mean to Henry the firfl ; 
 but Son only to the Eniprcfs, who was now alive, and by dc- 
 fccnt was to be preferred before all other. His Title therefore 
 is clearly by compaS: and agreement made between the Lords, 
 King SteveH^2iiid himfelf, all being then ready to try the right 
 by the Sword to that to which none of them had any right at 
 all at that time, but by the favour of the people. Nor did the 
 King ever after difpute the ftrength of this Title, although be- 
 fore he died, his mothers death conveyed over to him what 
 light of defcent foever was confident with the Law of the 
 Crown, nor did occafion favour him thereto : for as it's never 
 feen that any man is honoured by God with many advantages 
 without proportionable employment for the fame , fo it bcfel 
 with this King: His great Territories in France brought )ea- 
 loufie in the rear : and it ftrife and contention with Frame , e- 
 nough to turn his thoughts from waxing wanton againft his, 
 own people : and therefore his wifdom taught him to prefer 
 peace at home to the chief of his prerogative: to become 
 fomewhat popular, and yet to lofe nothing of a King thereby ; 
 his way was to keep the Church-men down, that had during 
 his predeccfTors time grown, whether more obfiinate againfl 
 the King, or infolent over the people, is ha/d to judge •, and in 
 this he had the people to friend i and might have prevailed 
 much more than he did, but that the people feared the threats 
 of Rome more than he i and himfelf (if not guilty of Beck^t's 
 death) more the conceit of fame than there was caufe : thefe 
 concurring with unnatural troubles from moff unthankful Sons 
 made that fpirit of his to fail that formerly knew no peer , as 
 it'*s often feen that the mofi generous fpiritsarefooner quelled 
 with lliamc and grief, than with fear of any danger whatfoeven 
 Towards his Lay-Subjeds he was more regardant for the 
 fettling of Laws, and executing of Juftice, (o as fome have' 
 
 thought 
 
The Govern- J Steven. Rich, 1. 1 Kitrgs of i6a 
 
 went of cHen.2. John. \ Efjgland, 
 
 thought him the firft womb of our Englifh Laws \ others more 
 truly the firft Mecxnas fince the Conqueft that brought on the 
 fpring-time of a fettled Common- weal , and thereof left this 
 fair teftimony by his putting forth that Primrofe of EnglilK 
 Laws, under the name of Glanvil^ letting all men know that 
 thenceforth England would no more vale it felf in an unknown 
 Law, but explain it felf unto the World to be a regular go- 
 vernment, fuch was the King's Idea i yet was he touched with 
 fo much of the common infirmity of Kings as (hewed him to 
 be a man: efpecially in his old age, being loaden with military 
 affairs, wherein he had been long excrcifed, he had contraded 
 Ibmefhifting courfes of aSouldier in gathering money, and 
 Souldiers fomewHat out of the road way of an English King, 
 and led an ill exatriple to future Ages : nor had he other falve ^°^''^^**- 34^- 
 for this wound, but that it was for the honour of Chriftian 
 faith, and for the fake of JernfaUm, 
 
 Next comes in Richard the firft , Heury the fecond's fon 
 both in birth and courage : yet was his behaviour to his father Richard tbc 
 fuch that his meritorious holy War could never wipe it out PkI^» 
 of the Calendar of ftory. His entrance was upon an eleifiion 
 made in his Father's life time, and the fame confirmed by re- 
 ceiving of homage from the Peers. The fad troubles that 
 this election amongft other things occafioned to his Father in M.Tari*. 
 his old age ftiow plainly that Richard trufted not to the Title of 
 inheritance: nor the French King (that took his part) unto 
 the EngUfti cuftom, for the poflellion of the Crown; but all 
 muft be done in the life of the Father, that muft fecure the go- 
 vernment to the Son when the Father is dead: and thus is he 
 entred upon the Throne, not as heir , but as fucccflbr to his 
 Father, yea rather as furvivor, taking poffeftion of what was 
 by fpecial compad conveyed to him by the means of his Father 
 inhislife-time, though fore againft his ivill , if Writers fpeak 
 true. As his entrance was, it promifed a better government 
 than followed j for though it was for the moft part hidden in 
 the womb, as himfelf did fubfift in another World, yet by a 
 fccrct providence he was given over to the election of ill depu- 
 
 A a ties. 
 
1 70 The govern- f Steven. Rich, i . > Kings of 
 
 ment of I Hen. 2 . John, i England. 
 
 ties i and therefore he was not welbelovcd, however dear he 
 was to this Nation. A third part of his government was fpcnt 
 in a calm with Pope, Clergy, Commons, and all Nations that 
 were not Infidels, upon conscience it feems that he ought not to 
 be troubled who adventured his perfon fo bravely in the holy 
 War. But above all he was the Clergies darling, not only fot 
 his adventure in the holy Land, but now much more in his re- 
 turn by his imprifonment in Germany --, and therefore they rtuck 
 clofe to him in his abfence, not only in maintenance of his right 
 to the Crown (whereto fome made claim, and his own Brother 
 John did more) but emptied themfelves to the utmoll for his 
 delivery, which they effected to the envy of the French, and 
 fuch as longed for his downfal here in England. The King 
 comes like the Sun-rifing, fcatterirg his Brother's defigns by his 
 very view i then returns his thoughts for Trance , where he 
 fpent the reft of a reftlefs life : and as his entry upon the Throne 
 was unnatural (for he made his way upon his Father's HerfeXo 
 was his Reign full of troubles, and his end not unlike s for it 
 was violent, and by the hand of his own fubjec^ i and fo ended 
 his Reign that fcarce had any beginning. 
 
 John, Next comes in King Jo^« to adt his part according to his 
 
 entry hand over head j whether called by a people feared with 
 the noife of fucccflion by inheritance , or fuch as thought it 
 not convenient nor fafe in a ftirring time to have a child to be 
 their Kingi or Laftly, led by an intereft that John the youngeft 
 Son of Henry the fecond had by woful experience obtained 
 amongft the Lords, or fome or all concurring* its ckar they 
 croffed the way of inheritance, waved Arthur"! Title who was 
 heir to Richard the firft, and by him alfo appointed to fucceed, 
 being then but a child i and they chofe John , a man of 
 War , trained up in the government of Ireland, which made 
 way forhisadivefpirif, and well feen in the government of 
 England, which might have made him wife : and under thefe 
 conceits were willing to forget his oppreftion in Ireland , his 
 
 '•■ treachery againrt his Lord and King in England^ fet the Crown 
 
 upon his head, and in conclulion a(^ed the Tragedy of Ahime- 
 
 lecb 
 
The govern- J Steven. Rich.i. ? Kiffgi of 171 
 
 ment cfi Hen. 2. John. 3 England, 
 
 lech in EngliOi, wherein the Cedar was rooted up ^ and the 
 Bramble trodden down. 
 
 The general temper of his government (Viewcth that though 
 the King muft be thought fobcr, yet the man was mad \ for he 
 hawked at all manner of game, France , Scotland^ England^ 
 Laity, Clergy, fpared not the Pope himfelf, fcorned to iloop 
 to occafion i all which he did by the ftrength of the name of 
 a King : till at length being well cuft and plumed , he was 
 fain to yoke his lawlcfs will under the grand Charter , def ofc 
 his Crown at the Pope's foot, and inftead of a King became 
 little better than a chief Lord in England. Thus although 
 'Richard the Firft forgot this man's diiloyalty, yet God remcm- 
 brcd it : for the King having gotten the Pope upon the hip, 
 and put him to his laft fliift to ftir up the French to fet his 
 curfe on work, was by a hidden providence conquered in the 
 middeft of a Royal Army , without view of enemy, or other 
 weapon than a meer noife ; his Nobility ( cither fufpe^ing 
 all would be gone to Kome^ or expedling that the King would 
 not deny them their own , feeing he had been fo profufe in 
 giving away that which was not his) demand that their liber- 
 ties might be confirmed i but he being loath to be mated by 
 his Nobles,though he was overmatched by the Pope,arms him- 
 felf with the Pope's curfe, and the Lords themfelves with the 
 French mens power : thus the Tables are turned,and the French 
 playing an after-game to gain to themfelves the Crown of 
 England-^ after they faw the death of a Warlike King, difco- 
 vered their defign before it was ripe •■, and in the conclufion 
 were beaten out of the Kingdom by a child. 
 
 It's not worth inquiry what the King allowed or difallow- 
 cd » for it was his courfe to repent T)f any thing done contrary 
 to his prefent fence , and made it his chief principle in policy 
 to have no principle but defire ; wherein he triumphed too 
 long by reafon of the contentions between the Clergy and 
 the Laity , which coming nigh unto the pu(h of the pike, 
 and the King ready for the fpoil of both ■, the Barons and 
 Clergy fuddenly clofe their files, and like aftone-wall ftood 
 firm to each other till the King wearied with fuccefslefs labour 
 
 Aa 2 was 
 
172 
 
 The Govern^ ^Stevtn. Kich.i,lKwgj of 
 ment of iUen,7, John. S England. 
 
 i»« ' ■ ^^m^mtm !■■■■■■ ■ - ■ ■ HI 
 
 M. ^ar'u. was glad to give and take breath, confirmed the liberties of the 
 c/^». liif' people by his Charter,which is now called ihcMagnaChartaiot 
 fubftance, and gave fuch collateral fecurity for performance on 
 his part as did let the world know the thing was as jurt as him- 
 fclf had been unjuft ; The worli point in the cafe was that the 
 peoplegottheir ownby a kind of re-difleifin > a defperate re- 
 medy for a defperate condition, wherein the Connmon-weal 
 then lay between life and death upon the tack of the will of a 
 King that would bccontrouled by nothing but his own appetite, 
 and was in the end devoured by it. 
 
 CHAP. LVIH. 
 
 Of the Jiaie of the Nobilrtj/of England from the Con- 
 qneji^ and during the Reign ff thefe feveral Kings, 
 
 UNder the Title of the Nobility of England I (hall com- 
 prehend all fuch as are of the greateft cminency for birth 
 or wifdom and learning, and advancement into place 
 ofgovernment and honour. Thefe were in the Saxons times 
 the flower of the people , flourilhing only from the honour 
 that afcended from beneathi their deportment then was full of 
 chear and fafcty to the people : after that royalty fprung up, 
 the influence thereof upon them exhaled fuch a reciprocal 
 intereft back again as made them lefs regardful of their own 
 root, whereas we fee the more mature flowers are the more 
 propenfe to turn head and look downward to their own 
 original. This diftemper was yet much worfe by the com- 
 ing in of the Normans, whofe Nobility, beiides their Titles 
 of honour in their own Countrey , obtained by cufiom fuch 
 command and power among ft the meaner fort, being Souldiers 
 under them in time of the fervice in the field", that when the 
 Wars had breathed out their laft, neither of them could for- 
 get or were very careful to lay afide. This was obferved by 
 
 Kings 
 
Tht Govern- ^Steven, Kich.i. 2 Kiftgs of 175 
 
 went of ^Hemy. 2, ]ohn.^ England. 
 
 Kings, and ad vantage efpyed to climb to the top of Monarchy 
 by the help of thefe great men, whom if they could make their 
 own, all would be theirs i and wherein they had prevailed 
 much more than they did , if they had been wife enough to 
 have maintained them in unity i but in that failing. Kings 
 were necelfitatcd to take parties, and fcrvc the Nobility to fave 
 the main: and thus continued they a confiderable party iu 
 the government of this Kingdom from the Normans tor the 
 fpace of two hundred years well nigh , to the prejudice both 
 of the growth of the prerogative of Kings and liberties of the 
 Commons i and benefit of none but the Lords, whoinihofe 
 unquiet times were the chief Commanders in the field. This 
 errour of Kings was foon efpyed, but could not be avoided » 
 it's natural to man to be proud, and to fuch to fall iiito con- 
 tention : another courfe thereof is taken, viz. to raife up 
 fome fo high as may over-top all, and keep them under s nor is 
 it altogether without reafon , for Kings are no ubiquitarics, 
 and fome muft bear their power where they cannot be perfo- 
 nally prefent, yet it is dangerous to beftow too much upon 
 one man i for there is no man fitting to be a King but himfelf 
 that is a King* and where Kings are immoderate in beftowing 
 power, it many times works much woe to the people , and 
 not feldom forrow to the Kings themfelves. The place of 
 the chief Juftice was in (hew but one Office, yet in thefe 
 times was in nature of the King's Lieutenant-general through- 
 out the Kingdom. A power and work too great for any 
 onemaninthe World, that can make no deputies to manage 
 its and yet in thofe times you (hall meet with one man made „ 
 upof anArch-Bi(hop,aLegat,and chief Jufiice oi England ;^''"^'-'"'^'^^' 
 or a Bidiop, a Lord Chancellour,aLcgat, and chief Jufticeof jvJ^; /,7,. 4. 
 England j and a ftrange kind of government muft that needs be <• jp. 1 4. 
 wherein the Servants Throne is above his Mafters, and a Sub- 
 jed (hall have aplenitudinary power beyond that which his 
 Lord and King's was,as the times then were,was capable of. By 
 thefe and fuch like pluralities the great Men of England kept 
 the Commons below and themfelves above, and probably rcn- 
 drcd the temper of the government cf this Kingdom more 
 
 Arillo- 
 
1 74 ^f^(^ govern- \ Steven. Rich, i . ? Kirtgi of 
 
 men t of (Hen. 2. John, y England, 
 
 Ariftocratical than in after Ages. And if their pcrfonal au- 
 thority was of fuch value » how much rather in their joynt 
 aflembly or court of Council > concerning which I murt agree 
 that as in their original in Germany they did confultand de- 
 termine of the meaner matters, that is to fay, of matters con- 
 cerning property , and therefore were in their moft ordinary 
 work meetings of Judges, or Courts of Judicature : and alfo 
 matters of defenfive war , becaufe themfelves were the Com- 
 manders : and laftly, in matters of fudden concernment to the 
 State , not only to ferve as eyes to forefee , but to provide 
 alfo if they can , or otherwifc to call in the ayd of the peoples 
 advice i fo alfo they continued this courfe, and it may be now 
 and then C as all Councils have done ) ftrained their endea- 
 vours beyond their reach (efpecially finc€ the Normans en- 
 trance:) and therefore I (hall notxleny but that they alone with 
 the King, and without the Commons, have made many Laws 
 and Conftitutions , fome of which now are called Statutes, 
 (although many of them in truth are no other than Rules for 
 Judicature, which ordinary Courts may frame > or Judgments 
 in particular cafes, fuch as are the conftitutions at Clarirtdon in 
 Henry the Second's time) and many other Laws which are re- 
 ported to be made between the King and his Lords. Nor can 
 I look upon fuch Laws otherwife than as upon Judgments in 
 Courts of Jurtice in new points of controverlie , grounded 
 upon ancient grounds, which properly arc not new Laws, but 
 the ancient Rule applied to new particulars > and being fo pub- 
 lifhed to the world, may bear the name of Laws, Ordinances, 
 Conftitutions, or Judgments •, the word Statute being of liter 
 times taken up and ufed in a more reftridive fence, of which 
 more in their due place. Now that this Court was a fettled 
 H i Court of Judicature , and fo ufed, may appear in that fines 
 
 JaI m7< ^"^ leavied therein, and Writs of right determined i as in 
 that great cafe between the two Kings of Navarr and Cajiile^ 
 jhii, referred to the Judgment of Henry the Second, and tried in this 
 
 Ct)urt i it's faid that the Tryal was by Plea,and if need were by 
 battel. The Judges in this Court were the Baronage of Ew^- 
 lands for the entry of Judgment in that great cafe is thus, 
 
 Qomltes 
 
The govern- TSteven. Rich. i. ? Kings of 175 
 
 tnentof <Hen. 2. John. ^England, 
 
 Comites & Barones Ke(ralU Curu AnglU adjudicaverunt , &c. fo 
 as though doubtlefs many were abfcnt, fomc being encrr.ies, o- 
 thcrsdifcontenfed, others upon other occallons, yet a'.l might 
 claim their Votes as Barons. The Prcfident over all the re(t 
 was the Chief Juflice, as if the King were prefent then himfelf i 
 and by him was the fentence or judgment declared, according 
 to the entry in that cafe aforefaid, Habito Concilio cum Epifcopk^ 
 Cotnitibits & BaromlfHS adjudicavimm^&c. The honour of this 
 Court was great fo long as the Lords had liberty or care to at- 
 tend thereon : but when Kings began to have private interefls 
 they would have thefe to be more private Councils, which 
 "weakned theefteemof conclulions that there paflTcd , and re- 
 duced the honour thereof fcarce to the degree of a Conventi- 
 cle i and by this means the necedity of calling together the 
 whole Body Reprefentative was made more frequent,the power 
 of the Nobility of E«g/<»«^ decayed , and this Court forfeited 
 all its juridical power to the three Courts at IFejim inkier ^ viz, 
 the Keng's Bench , Common Fleas ^ and 'Exchequer \ faving ftill 
 the fupreme Judicature unto the grand Convention of Ellates 
 in Parliament, where all the Lords had liberty of meeting, and 
 free voting without impeachment. 
 
 CHAP. L I X. 
 
 Gf the Jlate of the Clergy ^ and their power in thif^^ 
 Kingdom fi cm the Norman s time, 
 
 IF the prerogative of Kings prevailed not to its utmoft pitch 
 during the Norman's time, it did much lefs in thefe times 
 fucceeding, wherein the Clergy took up the Bucklers and 
 beat botii King and Commons to a retreat •, themfelvesin the 
 interim remaining fole Triumphers in the Field. In their firft 
 Adventure they paced the Stage, no man appearing tooppofe : 
 ^/fz/fw then was King by their leave, and their Bondfervant i 
 andtheymighthaveany thing fobeit they would furfer him to 
 
 enjoy 
 
ij6 The Goverft. ^Steven, Kick. i. ^ KJ»^s of 
 
 went of ^ Hen. 2. John. 5 Erfgland, 
 
 enjoy his Crown. His Brother the Bifliop was the Pope's fer- 
 vant, the Church-mens patron,an(i the King's furety, in whom 
 the Clergies favour to the King, and his good behaviour to- 
 ward them and all men concentred ; Befides all this, the King 
 was but lb upon condition, and there being no better Title 
 than eicdion , confcience in thofe times was well enough 
 latishcd in the breach of Covenant on their part > where on 
 the King's part it was firft broken. All this the King faw full 
 well i and therefore what can he deny to fuch benefadJors } 
 Vacancies of Churches he readily parts with •, and his right of 
 inveftiturc of the Mitred Clergy he difpenfed : fo as he opened 
 the way to his fucccfTors of an utter dereKKflion of that privi- 
 lege. He fees his Brother the Lcgat deflower the Crown of 
 Etigland hy maintaining appeals from the Courts in England 
 unto the Court of Ro/we, and he fays nothing ■, he is contented 
 with the (lump of the Crown , and fwith Saul) if he be but 
 honoured above or before all others of the people, it's his e- 
 nough ; But the Clergy, like the barren womb hath not yet 
 enough. The King hath allowed them Caftles, and too late 
 he fees that iniiead of being defences againft the Imperial 
 power of the Emprefs, they are now made bulwarks againft 
 the lawful power of a King i he had therefore endeavoured to 
 get them down, and gotten fome of them into his power. 
 The King himfelf is now fummoned to anfwer this before a 
 Legatinc Council, wherein his Brother is Prefident : that was 
 a bold adventure in them, but it was extreme raflinefs in 
 him to appear and plead the caufe of the Crown of Ettgland 
 before a Conventicle of his own Subjects : And thus to fecure 
 Komeo( fuprcmacy in appeals , he fuffers a recovery thereof 
 againft his own perfon in a Court of Record, and fo lofes him- 
 felf to fave the Crown. Thus are Synods mounted up on 
 Eagles wings i they have the King under them, they will next 
 have the Crown. Within a w hile Steven is taken prifoner: the 
 Emprefs perceiving the power of the Clergy, betakes her cafe 
 to them now affembled in Synod > they now proud of the oc- 
 cafion C and conceiting that both Law and Gofpcl were 
 now under their decree ^ publifh that the eMion of the King 
 
 belongeih 
 
The Govern- % Steven. Rich, i . ^ Kings of 177 
 
 tnent of \l{tr\,2. John. ^England, 
 
 belongethunto them, and by them the Emprefs is eledted 
 Queen in open Synod, SteverCs Brother leading the game ; and 
 had (he been as willing to have admitted of the La\^ as Steven 
 was, (he had fo continued,and had left a ftrange prclSTdent in the 
 Englilh government for pofterity. But the Citizens of London^ 
 who had made the way to the Throne for Steven^ reduced the 
 Synod tofober confideration,and helped the King's return unto 
 his Throne again, wherein he continued a friend to the Clergy 
 during the rell of his time. 
 
 Henry the fecond fucceeded him : as brave a man as he , but 
 beyond him in Title and power, and one that came to the 
 Crown without pre-ingagement by promife or Covenant , fa- 
 vingthat which was proper for a King. A man he was that 
 knew full well the intcrefts in the government, the growing 
 power of the Clergy, and the advantages loft from the Crown 
 by his predccefTor ; and to regain thefe he fmooths his way ^r p ■ 
 towards thefe braving men , fpeaks fair, profers fair i he^„ j,.* 
 would adl to encreafe the bounds of the Church : he would 
 have the Pope's leave to do him a kindnefs, and fo be it he 
 might gain an intereft in Ireland^ he would take it from the 
 Pope-, who pretended, as heir of Jefus Chrift,to have the Ulands 
 and utmoft parts of the earth for his pofledioni and, as if he raea- 
 ned to be as good to the Church as Steven was,and much better, 
 he dcfires the Pope's kindnefs for the confirmation of the liber- 
 ties and cuftoms of his Crown and Kingdom^and no fooner dc- 
 fired than obtained. This was a 2d. example of a King oi Eng- 
 land , but the firft of an Englifh King that fought to Rome for 
 right in the Crown ; and thereby taught the Pope to demand it - 
 as a privilege belonging to the Tripplc Crown. Nor was Henry 
 the fecond, lefs benign to the Church-men, till he found by 
 his dear bought experience that he had nouri(hcd Scorpions i 
 and would have fupprcfled them , but was rather fupprefled 
 himfelf > as in that (hameful fucccfs of the death of Becket 
 may appear, wherein he yielded the day up to the Clergy, 
 who formerly fcorned to ftcop to the greatell: Potentate on 
 Earth. The State of Kings is to be pitied, who mufl maintain 
 a politick affection above , and fomctimes againft nature it 
 
 B b felf. 
 
178 1'he govern- ^Steven. Rich. I. } Kings of 
 
 mcn$ of I Hen. 2. John, y EngUnd, 
 
 Cohfiit.at felf, if they will ffcape the note of Tyranny in their under- 
 QannJon. takings, and of a feeble fpirit in their (uflR rings : fcr the King 
 having made Bfc^rt ChancelloLir of £«//a;;c^, and then Arch- 
 Bifliopct Cauterbury^ he bccanne fo great, that his feathers 
 bruflicd againft the King's Crown,who begins to roufc up him* 
 feU to maintain his honour and prerogative Royal. The Bi- 
 (hops fide with Becket : the King intending the perfonjand not 
 the Calling, tingles out the Arch- Bifliop, and hunts hin» to foil 
 at Home i yet before he went the King puts the points of his 
 quarrel in writing, and made both Arch-Biftiop and Bifhops 
 lign them as the rights of his Crown, and as the ConfuetudineT 
 Avit£ ; but Becket repenting, went to 'Rome and obtained the 
 Pope's pardon and blcllmg, the reli of the Bi(hops yielding the 
 caufe. 
 
 The particulars in debate were fet dawn in the nature of 
 LawsorConlUtutions, commonly called the Conftitutions at 
 C/<jr/Wtf«j which fhew the prevailing humour that then over- 
 fpread the body of the Clergy in thofe days,and therefore I fliall 
 fum them up as follows. 
 
 Rights of Advovpfons ft)all he determined in th^ 
 '^/'•i- Kings Court. r. ,. ,;,; 
 
 This had been quarrelled from the firft Normans time , but 
 could never be recovered by the Clergy. Before the Normans 
 time the County-courts had them, and there they were deter- 
 mined before the Biftiop and Sheriff^ but the Ecclefiaftical 
 caufes being reduced to Ecclefiaftical Courts , and the Sheriff 
 and the Laity fequeftrcd from intermeddling^ the Normans, ac« 
 cording to thccuftom in their own Countrey, reduced alfo the 
 trial of rights of Advowfons unto the Supreme Courts : part- 
 ly becaufe the King's Title was much concerned therein,and the 
 Norman Lords no lefsi but principally in regard that Rights 
 require the confideration of fuch as are the raoft learned in the 
 Laws. 
 
 Rights of Tythes of a Lay-fee^ or where the Tenure is 
 ^'^* * in quejiion belong to the Kings Court, 
 
 Pleas 
 
The gover/t' ^Steven. Rich.i. > Kirgs of 17^ 
 
 mef/t cfl Hen. 2. John. 5 EtigUtjd. 
 
 r leas of Debts by trothpltght belong to the King's ^^^'i- 
 
 Court, 
 
 Thefe were Saxon L aws, and do intimate that it was the en* 
 deavour of the Clergy to get the fole cognifance of Tythes^be- 
 caufe they were originally their dues i and of debts by troth- 
 plight, becaufe that oaths Teemed to relate much to Religion, 
 whereof they held themfelves the only profclfors. 
 
 The King* s Jnjlice JJj all reform errours of Ecclefijjli' cap, a, 
 cat Courts and Crimes of Ecclefiajiical perfons. 
 
 Appeals JJ)allbe from Arch-Deacons Courts to the Bi- <^^P- r« 
 /l.iops Courts^ and thence to the Arch-Bifiops Courts, and 
 thence to the Kings Court ^ and there the fentence to be 
 final. 
 
 No man that ever was acquainted with Antiquity will que- Conjih. at 
 ftion thatthefc were received Laws in the Saxons time i nor Clarindon. 
 did the Clergy ever quarrel them till the Normans taught 
 thembycourtefiedonetoRowff to expedt more from Kings 
 than for the prefent they would grant, whereof fee C<j^.47.But 
 King Steven that was indebted to the Clergy for his Crown, 
 and could not other wife content them, parted with this Jewel 
 of fupreme powerincaufes Ecclefiaftical to the Roman cog- 
 nifance , as hath been already noted j but Henry the fecond 
 would have none of this cheat at fo eafie a rate. This ftruck 
 fo fmart a blow, as though the Popedom had but newly re- 
 covered out of a paralitick Schifm , yet feeing it fo mainly 
 concerned the maintenance of the Tripple Crown, Alexander 
 the Pope having lately been blooded againft a brave Emperour, 
 made thelefs difficulty tofticklc with a valiant King-, who in 
 conclufion was fain to yield up the bucklers, and let the Pope 
 hold what he had gotten , notwithftanding againft this Law, 
 and all former Law and cuftom. And thus the Popes fupre- 
 macy in fpiritual caufes is fecured both by a recovery ^v\di cntjlit.at 
 judgement by confelfion thereupon. clarinclon. 
 
 The King fiall have vacancies of Churches^and power ^ap. 6 
 
 B b 2 to ' ' 
 
l3o The Govern* ^Steven. Kxch.i.lKif^gs of 
 
 ment of iHen.2. John, j England, 
 
 to eleff by his jecret Courjcil j 1 he party cheted Jhall do 
 homage falvo ordine, and then fiall be confecrated. 
 
 This certainly was none of the bcft, yet it was a cuftom not 
 altogether againft rcafon, although not fuitable to the opinion 
 of many i yet we meet two alterations of the ancient cultom. 
 Firft that the eledion fnall be by the King and fecret Council > 
 whereas formerly the eledion of Bifliops and Arch- Billiops was 
 of fuch publick concernment, as the Parliament took cognifance 
 thereof, and fthat which was worfe) a Council was hereby al- 
 lowed, called a fecret Coundl ■•> wjiich in eflfed is a Council to 
 ferve the King's private aims i and unto this Council , power 
 given, in the ordering of the publick affairs without advice of 
 the publick Council of Lords, which was the only Council of 
 ftate in former times \ and thus the publick affairs are made to 
 correfpond with the King's private intereft, which hath been 
 the caufe of much irregularity in the government of this Ifland 
 ever fince. The fecond alteration refteth in the falvo^ which is 
 a claufe never formerly allowed, unlefs by practice in Steven's 
 time, when as there was little regard of the one or the other: 
 Nor doth it concurr with the file of ftory that it (hould be in- 
 Conjljt.at ferted within thefe conftitutions, feeing that Writers agree it 
 CUnndon. ^^^ ^j^^ ^^j^j- ^^^f^ ^^ quarrel between him and Beck^t^ who 
 refufed fubmiffion without the claufe, and at which the King 
 ftuck with the Arch-Bi(hop for the fpace of feven years, which 
 was fix years after the Conftitutions were confented unto, and 
 concluded upon. 
 
 No Clergy- man or other may depart the Realm with' 
 c»f* 7- out the Kings Licenfe* 
 
 It's a Law of Nations, and muft be agreed on all hands, that 
 no reafon of ftate can allow difpenfations therein , efpecially 
 in a doubtful government, where the Supremacy is in difpute : 
 and this the wilful Arch BiQiop never queftioned till he quefti- 
 onedall authority, but in order to his own > for but the 
 year before, when he went to 'turom to the general Council 
 
 upon 
 
The GoTjer/t^Stcven. Kich.i "? Kings of l8i 
 
 went of 2,t{enry. 2. ] ohn ^ F.»gla ft d. 
 
 upon fummons, he lirrt obtained licenfe from the King before •^« i'aris. 
 he went. 
 
 'Ny fentencc of excnmffiUfticalioK or interdi&ion to cj^.%- 
 pjji jgai/iji the Kings tenant or any minijier of State^ 
 wtthoHt licenje firfi had of the King^ or his chief jHfijce 
 in the King's abfrnce. 
 
 Till the Conqueft no Excommunication , pafTed without Cj,^,^^; 
 warrantor Law made by the joynt alTcmbly ot the Laity zr\d cuvindon. 
 Clergy > but the Conqucrour having kt loofe the Canons, and 
 tlie Clergy having gotten the upper hand in Councils, made 
 Canons as they pleafed, and fo the Laity are expofed to the 
 voluntary power of the Canon : only as well the Normans, as ^/^^ cjP. 
 until thefe times, Kings have faved their own alTociates from 
 that fudden blow, and upon rcafon of religious obfervance, 
 le|ft the King (Viould conver(e with excommunicate perfons ere 
 he be aware. 
 
 The Laity are not to be proceeded againjl in Ecclefta' cap. 9. 
 Jiical Courts, hut upon proof by witneffes in the pre- 
 fence of the Bifiop : and where no witneffes are^the She* 
 riffjhall try the matter by Jury in the frefence of the 
 S/fiop, 
 
 A negative Lawi that implieth another courfe was ufed upon 
 light fame orfufpicionfxfl^c/o, although the oath at that time 
 was not born into the world, and that all this was contrary to 
 the liberty of the Subjcdl, and Law of the Land ; and it inti- 
 mates a ground of prohibition in all fuch cafes upon the com- 
 mon Law , which alfo was the ancient courfe in the Saxons 
 times, as hath been formerly noted. 
 
 Excommunicjted perfons JJjall be compelled only to 
 
 give pledge^a^d not Oath, or bail to Jiandto the judge-^^^^^' 
 mnt of the Church. 
 
 Upon the taking and imprifoning of the party excommu- 
 nicate \ the courfe anciently was it feemeth to give pledge to Conliit at 
 (land to order ; of this the BiGiops were weary foon as it fecii .- QUrindon, 
 
 cth 
 
i82 The govern- \ Steven. Rich.i. t Kings of 
 
 mentofcHen. 2. John. ^England. 
 
 eth i and therefore waved it, and betook thennfelves to other 
 inventions of their own, z'/2s. to bind them by oath or bail i 
 both which were contrary to Law : for no oath was to be ad- 
 miniftred but by Law of the Kingdom i nor did it belong to 
 the Ecclefiaftical Laws to order oaths or bail , and therefore 
 this Law became a ground of prohibition in fuch cafes, and of 
 the Writ ^^ cautione admittendj, 
 
 Verfons cited^ and waking default^ way he interdi^" 
 '^^' "■ ed^ and the King's Officer pall compel him to obey. 
 
 If the King's Officer make default ^he pall be amerced^ 
 and then the party interdi&ed may be excommunicated. 
 
 So as the procefs i n the Spiritual Courts was to be regulated 
 according to Law : nor did it lie in the power of fuch Courts 
 to order their own way, orfcatter thecenfure of excommuni- 
 cation according to their own liking. This together with all 
 thofe that forego, the Arch-Bifhop upon his repentance abfo- 
 lately withftood, although he had twice confented and once 
 
 Conft'tt ^t fubfcribed to them, having alfo received fome kind of allow- 
 
 Clar'tndon. ^ncc thereof even from Kome it felf. 
 
 Clergy men holding per Baroniara pall do fuch fer^ 
 vices as to their Tenure belong , and PmU affiH in the 
 King's Court till judgement of life or member. 
 
 Two things are hereby manifeft : Firft , that notwithftan- 
 ding the Conquerour's Law formerly mentioned, Ei(hops ftill 
 fate as Judges in the King's Courts, as they had done in the 
 Saxon times, but it was upon caufes that meerly concerned the 
 Laity i fo as the Law of the Conquerour extended only to fe- 
 parate the Laity out of the Spiritual Courts,and not the Clergy 
 out of the Lay-Courts. Secondly, that the Clergy, efpecialiy 
 thofe of the greater fort, queftioned their fervices due by Te- 
 nure, as if they intended neither Lord nor King, but the Pope 
 only. Doubtlefs the ufe of Tenures in thofe times was of in- 
 finite confcquence to the peace of the Kingdom, and govern- 
 ment of thefe Kings, when as by thefe principally not only all 
 degrees were united a«d Riade dependent from the Lord para- 
 
 monc 
 
 c. 12. 
 
The govern- \ Steven. Rich, i . ? Kings of 183 
 
 ment of I Hen. 2. John. 3 England. 
 
 niont to the Tenant peravalej but efpecially the Clergy with 
 the Laity upon the Crown, without which a firange meta- 
 rnorpl olisin government muft needs have enfued, beyond tfie 
 (bape ot ary rcalbnablc conceit, the one half aljnird ot the peo» 
 pie in £«g/<»«<^bcingabrolutely put under the doinM>ion of a 
 foreign power. 
 
 Sa-fj^Hdry jloallnot prote& forfeited goods, rwr Clerics cap. 13. 14. 
 convi&ed or confejfed. 
 
 This was Law, but violence did both now atid afterwards 
 much obliterate ir. 
 
 churches holden cf the KinQ fiall not be aliened <^""^''f- ^* 
 
 . , ^ . r '^ C I arm Jon- 
 
 WithoHt Liccnfe. ^^^^^^ ^ 
 
 It was an ancient Law of the Saxons, that no TenctDcnts 
 holden by fervicie could be aliened without Liccnfc or content 
 of the Lord, bccaufe of the Allegiance between L ord and Te- 
 nant : Now there was no qucltion but that Churches migl- 1 lie 
 in Tenure as well as other Tenements J but the fhifc wis by 
 the Church-men, to hold their Tenements free from all hu- 
 mane fervice, which the King withitood.. 
 
 Sons of the Laity p? all not he admittedinto a Mona- ^^^ j^, 
 Jiery VPtthoHt the Lord's confent. 
 
 Upon the fame ground with the former ; forthe Lord had 
 not only right in his Tenant, which could not be aliened with- 
 out his confent, but alfo a right in his Tenant's children, in re- 
 gard they in time migl.t by defcent become his Tenants, and fo 
 lie under the fame ground of Law: for although this be no alie- 
 nation by legal purchafe,yet if is in nature of the fame relation i 
 for he that is in a Monaftery is dead to all worldly affairs. 
 
 Thefe then are the rights thar ihe King claimed , and the 
 Clergy difclaimed at the firft i although upon more fober con- 
 fideration they generally confentcd unto the five bit : but their 
 Captain Arch- Billiop Beck^t withllood the relt , which coft 
 him his life in theconclufion, with this honourable testimony, 
 that his death Samfon-Wkc tffeded more than hi-s life i forthe 
 main thing of all the reft the Pope gained to be friends , for 
 
 the 
 
J'3 
 
 J-'oxc. i^n. 
 
 184. TheGoverft^Steven, Kick. 1. 1 King/ of 
 
 went (if ^Hen. 2, John. ^ Eri gland, 
 
 the lofs of fo great a ftickkr in the Church affairs, as BecV^t 
 was. 
 
 In this Tragedy the Pope obferving how the Englifli Bi(hops 
 had forfaken their Arch-Bifliop, efpyed a mufe through which 
 all the game of the Popedom might foon efcape, and the Pope 
 be left ro fit upon Thorns in regard of his Authority here in 
 England.Yox let the Metropolitan of all E«^/<»>;^ be a fworn (er- 
 vant to the Metropolitan of the Chriftian World, and the reft 
 of theEngli(hBi(liopsnot concurr, it will make the Tripple 
 Crown at the beft but double. Alexander the Pope therefore 
 t^titiq. Brtt. meaned not to truft their fair natures any longer » but puts an 
 oath upon every Engli(h Bilhop, to take before their confecra- 
 tion, whereby he became bound 
 
 1 . To abfolute allegiance to the Pope and Romifli Church. 
 
 2. Not to further by deed or confent any prejudice to them. 
 
 3. To conceal their counfels. 
 
 4. To aid the Roman Papacy againft all perfons. 
 
 5. To affift the Roman Legat. 
 
 6. To come to Synods wpon Summons, 
 
 7. To vifitRuwe once every three years. 
 
 8 . Not to fell any part of their Bifhoprick without confent 
 of the Pope. 
 
 And thus the Englifti Bifliops that formerly did but regard 
 Txome^ now give their eftates, bodies and fouls unto her fervice > 
 Af. Var'ti. that which remains the King of England may keep : And well 
 <^». 1 1 67- it was that it was not worfe, confidering that the King had 
 vowed perpetual enmity againrt the Pope ; but he wifely per- 
 ceiving that the King's fpirit would up again, having thus got- 
 ten the main battel, durft not adventure upon the King's rear, 
 BaYon'ms^n- jegft he niight turn head i and fo he let the King come off with 
 nal. 1 1 64. t}-i£ lofs of appeals, and an order to annul the cwftoms that by 
 him were brought in againft the Church, which in truth were 
 none. 
 
 This was too much for fo brave a King as Hemy the fecond, 
 to lofe to the fcarecrow power of B-ome : yet it befel him as 
 many great fpirits, that favour prevails more with them than 
 fearer power; for being towards his latt times worn with 
 
 grief 
 
 Sic. II 
 
rbe Govern- 5 Steven. Rich.i. ^ Kings of 1 8$ 
 
 ment of t Hen. 2. John. 5 England, 
 
 grief at his unnatural Sons \ afhadow of the kindnefs of the 
 Pope's Legat unto him, won that which the Clergy could nc- -^ 'Paris. 
 ver formerly wreit from him in thefe particulars granted by ^„^ n-j^, 
 him: That, 
 
 No Clerk, fiall anfwer in the tayCourts^ but onlji for , , 
 
 the Forejij and their Lay fee. 
 
 This favoured more of courtefie than Juftice, and therefore 
 we find not that the fame did thrive, nor did continue long in 
 force as a Law, although the claim thereof lafted. 
 
 Vacancies Jloallnot beholden in the Kings hand a." 
 hove one year^ unlefs upon cafe of necejjity. 
 
 This feemeth to pafsfomewhat from the Crown, but loft it 
 nothing •, for if the Clergy accepted of this grant, they there- 
 by allow the Crown a right to make it, and a liberty to deter- 
 mine it's own right, or continuing the fame by being fole Judge 
 of the necellity. 
 
 Killers of Clerkj convi&ed JJull be punijhed in the 3, 
 Bijfjops prefence by the King's Jniiice. 
 
 In the licentious times of King Steven^ wherein the Clergy 
 played Kexy they grew fo unruly that in a fhort time they had 
 committed above a hundred murthers. To prevent this evil 
 the King, loth to enter the Lift with the Clergy about too 
 many matters, let loofe the law of feud, for the friends of the 
 party flain to take revenge i and this coft the blood of many 
 Clerks : the Laity haply, being more induftrious therein than 
 otherwife they would have been , bccaufe the Ecclefiaftical 
 Judge for the moft part favoured them. As an expedient to 
 all which this Law was made, and fo the Clergy was fiill left 
 to their Clergy, and Juftice done upon fuch as fought their 
 blood. 
 
 clergy-men pall not be holden to trial by battel, a 
 
 It was an ancient Law of the Saxons, and either by negled: 
 worn out of ufe , or by the valour of the Clergy laid alide, 
 
 Cc 31s 
 
1 85 I'he govern- C Steven. Rich.i. ) Kitjgs of 
 
 ment ofi Hen. 2 . John. J England' 
 
 as refolving rather to adventure their own blood , than to end 
 their quarrel before the Lay- Judge by Plca,but grown weary of 
 that courfe, and likely alfo put hard to the pinch upon com- 
 plaints made by them againft Clerk-flayers, they arc fain to 
 have recourfe to their ancient privilege. 
 . . Hitherto therefore it's manifeft the Clergy were in their grow- 
 
 ing condition, notwithftanding the policy and power of Henry 
 the fecond , who was the paragon of that Age. 
 
 After him reigned KicW<^ the tirft , that muft expiate his 
 difobedience to his father by obedience to his ghoftly father the 
 Pope in undertaking the holy War •, and being gone , left the 
 government in his abfence fo deeply intrufted to the Clergy, as 
 they could lofe nothing of what they had gained , unlcfs they, 
 would i and might have gained much more than they did or 
 ' (hould i had not the Bilhop that was the overfeer of the whole 
 Kingdom been drunken with vanity, and fpued out his own 
 (hame. However the fuccefs was, it was not contrary to the 
 principlesofthofe times : for K/cW^ had experience in the 
 Emperour Frederick^ and his Father's example, that the Pope 
 and Clergy were too hard for all the Potentates in Ettrol>e , and 
 therefore might mcft fafely truft them with all he had at home, 
 whilft he was in their fervice abroad. Nor were they fliort of 
 what was intruded to them, but ftuck clofe for the maintenance 
 of his right to the Crown, and emptied themfelves even to the 
 very confecratcd Veffels,and procured the Laity of all forts to 
 do the like, to fave the Kingdom from the rape of Grangers and 
 ufurpers, who efleemed the King dead in Law, and as one 
 buried alive. 
 
 Thus paffed they to King John the government , fuppofing 
 themfelves well enough allured of what they had gotten by 
 thcirieveralatchievements, had under the Reigns of three fe- 
 veral Kings fucceflively : and King John might well enough 
 haveunderftood the times^if he had (erioufly confidercdthemi 
 but being hcightned all his life-time with lawlets government, 
 wherein he was trained up in Ireland; he knew not how to 
 ftoop till he (looped fo low as the Lcgat's knee,and his Crown 
 at the Pope's foot i leaving an example to pofterity to beware 
 of driving with the Clergy. If 
 
The govern* cSteven. Rich.i. > Kings of 187 
 
 vtcKt (fi Hen. 2. John. 3 Englatid, 
 
 --— ^— — ^ 
 
 If then rhcfe fparks of ambition were fo violent being alone, 
 certainly in their joynt confultatlons much more. They had 
 long ftrivcn now fince theConqueft to have excluded the Laity 
 from their Synods, and about thefe days eflfcded it j and yet 
 about Henry the fecond's time it may be fuppofcd the thing 
 either was not yet done, or fo lately that the Law was not clear 
 in that point i for Pf^r«/ B/iPcfwfrj', who was Arch- Deacon of 
 B^f^ about thofe times, in his Epiftle to the Arch-Bifhop of 
 ICork^ concerning the reftraint of the growing fedi of the Pub- 
 licans, he advifeth in thefe words, -(4cci/>/^tf clerum^ congregate 
 pot)ulum, & ex eorum communi deliheratione^qui fpirititm Domini 
 hahent^ terrihilis conjUtutio promulgetur^ &c, and if the Hifto- 
 rian doth not miftake > the proceedings againft that fe(fl being 
 only for errours in Religion, was in a Council of Bifhops and 
 Lords. Neverthelefs, whether prefent or abfent the Laity fate 
 there as cyphers, making the number great, but not valuable 
 by themfelves. For even in the Norman times they were 
 brought fo low as the conftitution made by the Clergy wrought 
 more upon them,than civility it felf can work upon profeffors 
 of Religion in thefe days. For it feems excefs of long hair ^^- ^^'fi' 
 was grown to that meafurc that the Synod cryed out againfl: it, ^ • * ^ *^' 
 and decreed that men (hould cut their hair fo as their eyes and 
 laps of their ears might be feen, and the Kinghimfelf, I mean 
 Uenryxhc firft,fubmitted to this cut, and made all his Knights 
 to do the like, and expofed themfelves to the then odious by- 
 names of clowns or Priefts Tlike to the round-heads of thefe 
 days) who formerly marched under the Title of criniti or Ruf- 
 fians. This did but touch the hair, but they went to the quick, 
 when they decreed that Lords (hould not fell their villains,and 
 that outlawries (hould pafs in certain particular cafes, as in the 
 con(\itutions of Arch-Bifliop ^///f/w may appear. Afterwards 
 in thefe Kings times they flew at the throat of the government, 
 got all places of honour, or profit, or power, whether for peace r^ntiq. Bnt. 
 or War under their gripe ■, depofcd and advanced as they plea- i jo.»7»J.i 5^7. 
 fed, even to the Royal Throne it felf i and that not only out of 
 afudden padion of State, but advifedly concluded it for a 
 maxime, that the eMion of the King belonged to them as in 
 
 Cc 2 'the 
 
i88 T'^e Govern" j Steven. Kxch.in Kings of 
 
 ment of I Hen.2, John. J England, 
 
 the cafeof the eledtionof Mj^^^theEmprefs, they did hold 
 forth to all the world, and in which the King alfo then flatter* 
 ed them, as holding their cledion fo neceflary that he kept the 
 whole Synod in durefs to have their votes for the elecftion of 
 his Son to be hisfucceflbr. 
 
 CHAP. LX. 
 
 Of the EngUJI) CommonAlty fmcethe Normans time* 
 
 npHe dignity of the English Crown thus deflowred by the 
 great men, was no lofs to the common people : for as in all 
 decays of Monarchy the great men get nothing if they pleafe 
 not the people, fo the Ring can hold nothing if they be not 
 contented. And yet contented or not contented,they could not 
 gain muchj for as affairs flood then in the Chriftian world, the 
 Politician's difcourfe of three kinds of government proved 
 idlej neither could Monarchy, Arillocracy , nor Democracyi'' 
 attain any femblable condition in anyplace fo long as the ; 
 Church held it's defign a part,and prevailed to have the greateft 
 (hare in all, not now by the favour either of great or fmall, but 
 by a pretended divine right, through which they now had got- 
 ten to their full pitch of Lordfliip in the confciences of men. 
 It muft be acknowledged that this was a diftemper in govern- 
 inent \ yet fuch it was as kept humours low and retrained the 
 inordinate exceffes that in all kinds of government are fubjcdi 
 to break forth i foas neither King, nor Lords, nor people 
 could fwell into larger proportion than would fuit with the 
 ends of the Church-men. But to mind the matter in hand : 
 fomewhat the Commons gained in thefe fiormy times : The 
 taxes that they were charged with were rather perfwaded than 
 impofed upon them \ and generally they were fparing in that 
 work •) and it's noted for the honour of King Steven^ that 
 though he was feldom without war , yet he not only never 
 
 charged 
 
Th Govern- ^Steven, K'lch. t. 7 Kingt of igo 
 
 charged the people with any Tax, but releafcd that of Dane- 
 guelt and acquitted the Subjedi for ever of that Tax , which 
 former Kings challenged as their right i all which fhew him 
 to be a brave King if he was not a very rich man. He»ry the 
 fccond was more heavy becaafe he had more to do : yet find 
 we but one affeiTment which was efcuage (unlefs for the holy' 
 War) which was more the Clergy-mens than his. Richard 
 was yet a greater burthen : his Reign was troublefom to him, 
 and he deferved it j for from the beginning thereof to the end- 
 ing could never the guilt of his difobedience to his Father be 
 blotted out i but it was more troublefome to the people bccaufc 
 it coft fo much treafure, was managed by fuch ill governours 
 (except the Arch< h'l^oipoi Cafiterbury) and was unfuccefsful 
 inmoftof his undertakings: yet never invaded the liberties of 
 the Commons by any face of prerogative. But what wanted 
 in him was made complete and running over in his fuccefTor 
 Johft^ who Cto fpeak in the moft moderate fence of his govern- 
 ment), being given over to himfelf, when he was not himfelf, 
 robbed the Lords of their authority, bereaved the Church of 
 it's rights, trod under foot the liberties of the people, waHed 
 his own Prerogative j and having brought all things into de- 
 fpair, comes a d^fperate cure i the head is cut off to fave the 
 body, and a present left for them that lift to take it up in fu- 
 ture ages. And thus that which Steven gave, Henry the fecond 
 loft, R/c/jjr^ the firft would not regain, and John could not > 
 and fo all were gainers but the Crown. 
 
 CHAP. LXI. 
 of Judicature^ the Courts, a ft d their Judges. 
 
 IT is no filent argument that the Commons gain , where 
 Laws grow iflto couife j and ic was the lot of thefe trouble- 
 
 fome 
 
I ^o T^he govern \ Steven. Rich. r. > Kwgs of 
 
 mcf/tofiirien. 7. John, y England. 
 
 fome times to lay a foundation of a conftant governunent, fuch 
 as all men might learn, which formerly wis laid up only in the 
 breafls of wife experienced men. The two moft conllderable 
 points in government is the Law, and the execution j the latter 
 being the life of the former, and thit of the Common- weal. 
 I fay not that the Law was augmented in the body of it , or 
 ^ that the execution had a freer courfe than in the beft of the 
 
 former times j but both were more and more cleared to the 
 world in many particulars,as well touching matters concerning 
 pradice of the Law, as touching rules of righteoufnefs; for 
 the firrt whereof we are beholding to Glanvil in Henry the fe- 
 cond's time •, and for the latter to King John , or rather the 
 Barons in his time in the publifhing of the grand Charter,or an 
 enumeration of thelibertiesor cuftoms of the peaple derived 
 from the Saxons \ revived, continued, and confirmed by the 
 Normans and their fuccefforsi whichfor the' prefent' I (hall 
 leave in /<»«cf </«i/o, to ftand or fall, till occafion fhall be of 
 clearing the point, in regard that King j^o^w foon repented of 
 his oath (the bond of his confent) and to heal the wound,got 
 the Pope's pardon and bleiling thereupon : fo ealie a thing it 
 was for a Son of the Roman Church topafs for a good Catho- 
 lick in an unrighteous way. 
 
 The execution of the Law was done in feveral Courts ac- 
 cording to the feveral kinds of affairs, whereof fome concerned 
 matters of crime and penalty i and this touched the King's ho- 
 nour and fafety of the perfons of himfelf and his Subjeds» and 
 therefore arefaid to htcontrA coronam & dignitatem^ &c. The 
 fecond fort concern the prohts of the Crown, or treafure of the 
 Kingdom. The third, concern the fafety of the eftates of the 
 people. Thefe three works were appointed unto three feveral 
 Courts, who had their feveral Judges efpecially appointed to 
 that work. Originally they were in one, r/«i. in the fupreme 
 Court of Judicature,the Court of Lords,whereof formerly was 
 p lyA ^ r fpoken^ but after through increafe of affairs by them deputed or 
 £^ ^ committed to the care of feveral men that were men of skill in 
 
 fuch affairs, and yet retained the Supremacy in all fuch caufes 
 ftill. And becaufe that which concerned the publick treafure 
 
 was 
 
The govern- T Steven. Rich* iT ? Kings of 191 
 
 mentof il^^n, 2, JoKn. y England. 
 
 was of more publick regard than the other , the deputation 
 thereof was committed probably to fome of their own members GhJJi 
 who in thofe days were Barons of the Realm , and afterwards 
 retained the Title, but not the degrecjand therefore were called 
 for diftindion fake Barons of the Exchequer. The particular 
 times of theie deputations appear not clearly out of any mo- 
 nument of antiquity, neverthelcfsit's clear tome that it was 
 before Henry the fccond's time, as well becaufe Henry the firft 
 • had his J«i^^x/i/c(i/i/, as G/(«wi/ fo frequently toucheth "PO"/,///^^, 
 the King's Court of pleas, which cannot be intended at the 
 court of Lords, for that in thofe days was never fummoned but 
 in time of Parliament, or fome other fpecial occafion : but 
 more principally becaufe the Hiftorianfpeaking of the Judges tt , 1 
 «mf r<?«f , reciteth fome to be of the Common pleas i which 
 flieweth that there was in thofe days a diftindlion ot jurisdiction 
 in Judicatures. And it may very well be conceived that this 
 diltindion of Judicature was by advice of the Parliament after 
 that the grand Council of Lords was laid afide by Kings, and a 
 Privy Council taken up, unto whom could not regularly belong 
 any juridical power, becaufe that remained originally in tha 
 grand alterably of the Lords. 
 
 Over thefe Courts, or two of them one man had the prime 
 Titleof chief Juftice, who then was called Lord chief JuRice of 
 "England^ and whofe office was much of the nature, of the 
 King's Lieutenant in all caufes and places , as well in War as 
 peace s and fometimes was appointed to one part of the King- 
 dom, and by reafon thereof had the name only of that part, 
 and fome other of the other parts. The grcatnefs of this office 
 was fuch as the man for neceliiry of ftate was continually rell- 
 dent at the Court,and by this means the King's court was much 
 attended by all forts of perfons, which proved in after times 
 as grievous to the King as it was burthenfome to the people. 
 Other Judges there were which wcrechofen for their learning, 
 and experience, moft of them being of the Clergy, as wercdIlQ 
 the under Officers of thofe Courts, for thofe times were Romes 
 hour and the power of darknefs. 
 Other Courts alfo were in the CGuntrcy,and weie Vicontiel 
 
 or 
 
1^2 The Gover ft' ^Steven, B'lch.i.-iKwgf of 
 
 me»t of ^Hen. 2, John. ^ Effgl and, 
 
 or Courts of Sheriffs and Lords of Hundreds and Corporations, 
 and Lordfliips, as formerly •> and thefe were fettled in fonne 
 places but others there were which were itinerant^ over which 
 Hovsien. certain Judges prefided, which were ekded by the grand 
 Council of Lords, and fent by commiffion from King Henry 
 the fecond throughout the Kingdom , then divided into fix 
 circuits, unto each of which was ailigned three Juflices •, fo as 
 the whole number of Juftices then was eighteen. The Office . 
 was before the coming of the Saxons over hither , but the 
 affignation was new i as alfo was their oath , for they were 
 fwom. But the number continued not long, for within four 
 years the King re- divided the Land into four circuits, and 
 unto each circuit affigned five Juftices, making in the whole 
 the number of twenty and one Juftices •, for the Northern cir- 
 cuit had fix JufticeSjWhich the King made Juftices of theCom- 
 HoveJen, 157- mon pleas throughout the Kingdom. Neither yet did the firft 
 Ihtd.^^f. commilfion continue fo long as four years > for within that 
 time Richard Lucy one of the Juftices had renounced his Office 
 and betaken himfelf to a cloiftcr, and yet was neither named 
 in the firft commiffion nor in the latter -, nor did thelaft com- 
 Hnei3. ^n. million continue five years; for within that time Ralph Glanvil 
 1 1 S4. removed from the Northern circuit to that of fVorcefter^ as by 
 
 the ftory of Sir Gilbert Plumptonrnzy appear i though little to 
 the honour of the juftice of the Kingdom , or of that Judge, 
 however his book commended him to pofterity. I take it upon 
 Co.ja-ifJ.c.^y} the credit of the reporter, that this Itinerary judicature was 
 fettled to hold every (even years i but I find no monument 
 thereof before thefe days. 
 
 As touching their power , certainly it was in point of judi- 
 cature as large as that of the Court of Lords, though not fo 
 high : it was as large, becaufe they had cognifance of all caufcs 
 both concerning the Crown and Common pleas i and amongft 
 Hoveden. thofe of the Crown this Only I fKall note, that all manner of 
 GlanvilJ.i:\* falftiood was inquirable by thofe Judges,which after came to be 
 c. 7. much invaded by the Clergy. 
 
 1 fliall fay no more of this, but that in their original thefe 
 Iters were little other than vifitations of the Countrey by the 
 
 grand 
 
 -N 
 
The Govern' ^ Steven. Riph. i. ^ Kings of 193 
 
 wf»M/ cHen.2, John, \ England. 
 
 grand Council of Lords. Nor Ihal) I add any thing concern- 
 ing the Vicontiel courts and other inferiour but what I find in Glanv. Ub.i, 
 Gtanvili that though Robbery belonged to tlie King's Court, ca^' i. 
 yet thefts belonged to the Sheriff's Court \ and (if the Lords 
 court intercepts not) all batteries and woundings, unlefs in 
 the complaint they be charged to be done contra pacem Domini 
 'Regis', the like alfo of inferiour trefpaffes, befides common Idem.Uh. y, 
 pleas, whereof more (hall follow in the next Chapter as occaG- ^ io« 
 on fliall be. 
 
 CHAP. LXII. 
 
 of certain taws of Judicature in the time of Henry 
 
 the fecond, , 
 
 ANd hereof I fhall note only a few as well touching mat- 
 ters of the Crown as of property,being defirous to ob- 
 fervethe changes of Law with the times, and the man- 
 ner of the growth thereof to that pitch which in thcfe times it 
 hath attained. 
 
 We cannot find in any ftory that the Saxon Church was i, 
 infefted with any Herefie from their firft entrance till this pre- Herefte, 
 fent generation. The firft and laft Herefie that ever troubled 
 this I iland was inbred by Pf/<«^iwi but that was amongft the 
 Briuns, and was firft battered by the Council or Synod under 
 Germans i but afterwards fupprefled by the zeal of the Sax- 
 ons, who liked nothing of the BrittiOi breed, and for whofe 
 fake it fuffered more haply than for the foulnefs of the opi- 
 nion. The Saxon Church leavened from Kowf,for the fpace of 
 above five hundred years held on it's courfe, without any inter- ^°'^'^^"^' S^S» 
 miftion by cjrofs doi^rine fpringing up, till the time of Henry 
 the fecond., Then entred a Sed whom they called Publicansv 
 but were the Albigenfes, as may appear by the decree of Pope 
 Alexander ^vihok opinions I ftiall not trouble my courfe with : 
 but it feems they were fuch as crofted their way, and Henry the 
 fecond made the firft prejdent of puniftiing Herefie in the 
 
 Dd King- 
 
1 9^ The govern- C Steven. Rich.i. > Kings of 
 
 ment of I Hen. 2. John. J England. 
 
 ^ . ■ — ~" — — — — — — — ^ — • 
 
 Kingdom under the name of this Sed , whom he caufed to 
 Nuhyi^. I. 1. be brought before a Council of BiOiops, who endeavoured to 
 cap. 13. convince them of their errour i but failing therein, they pro- 
 
 nounced them Hereticks, and delivered them over to the Lay- 
 powci i by which means they were branded in the fore-head, 
 whipped, and expofed to extremity of the cold (according to 
 Dccret,?aP^ the decree of the Church) died. This was the manner and 
 ^hxanl. punifliment of Hereticks in this Kingdom in thofe days > albeit 
 Hovcien. 5?f. jt feemcth they were then decreed to be burnt in other Coun- 
 tries, if that relation of Cogfl-jallht true which Vicardm noteth 
 upon the i 3 Chapter of theHiftory of William of Newberry^ 
 out of which I have infcrted this relation. 
 
 2. 
 
 Another cafe we meet with in Henry the fecond's time con- 
 
 Apo^acy. cerningApoftacy, which was a crime that as it feems died as 
 
 £j.^gg„ y,7,,j. foon as itwas born> for befides that one we find no fecond 
 
 tap. ^. ' thereto in all the file of Englifli ftory. The partichlar was, 
 
 that a Clerk had renounced his Baptifm, and turned Jew i aad 
 
 for thiswasconvi(3:ed byaCouncilof Bi(hops3t Oo^ord^ and 
 
 was burned. So as we have Apoftacy punifhed with death, and 
 
 I Herefie with a puniQiment that proved mortal , and the rbanner 
 
 of convi(ftion of both by a Council of the Clergy,and delivered 
 
 over to the Lay-power, who certainly proceeded according to 
 
 the direction of the Canon, or advice of the Council. Thefe 
 
 fif no more) were fufficient to demonftrate the growing po wef 
 
 of the Clergy, however brave the King was againft all his enfi» 
 
 miesin the field. ^ 
 
 .3* Treafon was anciently ufed^^only as a crime of breach oFtnaft 
 
 3^rea)o». or fealty, as hath been already noted-, now it grows into a 
 fadder temper, and is made all one with that of Ufa Majejiasy. 
 and that Majefty that now a days is wrapped up wholly in the 
 perfon of the King, was in Henry the fecond's time imparted to 
 the King and Kingdom, as in the firtt times it was more related 
 to the Kingdom: And therefore G/^«z/i/ in his book of Laws, 
 fpeaking of the wound of Majefty , exemplifies fedition and 
 Lth*i^ c:fp.ii deftru^ion of the Kingdom to be in equal degrees wound of 
 
 Majefty, 
 
m ■ ■ ■ ,,..,.■■ , ,.., ■ , , , , ■ i > 
 
 The govern- ^Steven. Rich.i. IKtfJgs of 195 
 
 f;fefit of I Hen. 2. John, i England. 
 
 - - ^ 
 
 Majefty,wifh thedeihudionof the perfon of the King; andi*^.io.f«i- 
 then henameth fedition in the Army, and fraudulent converfi- 
 on of Treafure-trovc, which properly belongs to the King. All 
 which he faith are puni(hcd with death and forfeiture of eftate, 
 and corruption of blood ; for fo I take the meaning of the 
 words in relation to what enfueth. 
 
 Felonies, of Man-flaughter, Burning, Robbery, Ravifliment, .^ 
 
 and Faufonry , are to be punifhed with lofs of member and pfiQjjjf'j^ 
 eftate. 
 
 This was the Law derived from the Normans, and accord- 
 ingly was thcdiredion in the charge given to the]urtices ititte- 
 rant in Henr\ the fecond's time, as appeareth in Hovedett. But 
 Treafon or treachery againft the oath, fealty, or bond of aliegi- 
 ance, as of the fervants againft the Lord was punifhed with en.ic.t'f 
 certain and with painful deaths; and therefore though the 
 tnurther of the King was Treafon, yet the murther of his Son 
 was no other than as of another man, unlefs it arofefrom thofe 
 of his own fervants. The penalty of lofs of eftate was com- ■^^•^^''•'•^•7? 
 mon both to Treafon and Felony j it reached even unto Thefts, 
 in which cafe the forfeiture, as to the moveables , was to the Glanvil. Ub.7^ 
 Sheriff of the Countyi unto whofe cognifance the cafe did be- c^p- 17* 
 long i and the Land went to the Lord immediately, and not ro 
 the King. But in all cafes of Felony, and of a higher nature, 
 the partyCthough not the King's Tenant) loft his perfonal eftate 
 to the King for ever, his Free-holds alfo for a year and a day,af- 
 ter which they returned to the Lord of the foil by way of ef- 
 cheat. It feemeth alfb that the lofs not only of Chattels and 
 goods but alfo of Lands,d^<:. extended to Outlawries(I conceive 
 in cafe of Felony) and the King's pardon in fuch cafe could not 
 bind the Lord's right of efcheat i although it might difcharge 
 the goods, and the year and the day whercunto the King was 
 entitled; which cafe alone fufficiently declareth what power 
 Kings had in the eftates of their fubjedts. 
 
 Man'flaughter made not bailable. $. 
 
 This was Law in He»ry the fecond's timejalthough it cro/Tcd M-^^-i^^^g^- 
 
 Dd 2 the^*'''' 
 
iq6 27je Govern^ < Steven. Rich. i* 2 Kirzgs of 
 
 meat of "^Hen.a. John. jEftgUftd, 
 
 Glanvil. / 14. the Norman Law i and queftionlefs it was upon good ground: 
 cap. I . "JJ" 3. for the times now were not as thofe in the Conquerour's times, 
 when (bedding of blood was accounted valour i and in moft" 
 cafes in order to the publick fervicc. And now it feems it was 
 a growing evil, and that cried fo loud, as though in cafe of 
 Treafon bail might be allowed, yet not in this cafe,^^! adterro' 
 rem aliter jiatutum eji^ faith the Authour. 
 
 ' ^'-icKl.^i^-in-:!.'?; .1 i^i'vii.il nt:!.'. 'i.) ^■'■:i^^l 
 ^ Robbers fliaU be committed to the SnferifF, or in' his ^bfence 
 
 Kohher'v. ^° ^^^ '^^^^ Caftelane, who (hall deliver him to the Sheriff. And' 
 the Juftices (hall do right to them, and unto Trefpalfers upon 
 Land. 
 LI GuheJm.^. By the Conquerour's Law thefe offenders were bailable, and' 
 Spieil. 174- I conceive this was no repeal thereof*, and the rather becaufe 
 G/^Mz^i/alloweth of pledges in all cafes (except Man- flaugh- 
 f7;/fMt'i;.//t. 14 ter J yea in thofe crimes that did wound Majefly it felf, al- 
 c^p. i' though they concern the deftrudion of the King's perfon , or 
 
 {edition in the Kingdom or Army thereof. The Juftices 
 herein mentioned were intended to be the Juftices itinerant : 
 and the Trefpaffes upon Land are meant fuch as are contra pacem 
 Powiwijlf^i/, as riotous and forcible entries: for fome Tref- 
 paffes were againft the peace of the Sheriff, as formerly hath 
 beenobferved. <».M^' 
 
 „^ Fauxonry is of fevcral degrees or kinds r fome againft the 
 
 Fattxo'nry. K.i"g^ others againft other men i and of thofe againl\ the King 
 
 Glamil.Ub.w fome are punifhcd as wounds of Ma)£ily,as falfifying the King's 
 
 cap. 7. charter : and whether falfifying of money were in that condiri- 
 
 onor not I leave, or falfifying of meafures, yet more inferiour 
 
 I cannot determine •, but it's clear by Glanvil thsit falfifying of 
 
 the deed of a private pcrfon was of fmaller confideration , and 
 
 at the utmoft dcfcrved but lofs of member. 
 
 jj Inheri'^ances may not be aliened. 
 
 ri ''I'hh 7' Inheritances were in thofe times of Lands or goods-, for it 
 caT7 * was the cuflom then that the perfonal eftate f the debts de- 
 llid.'c.s. dudicd) was divifible into three parts •) one whereof belong- 
 ed 
 
The Govern- QSteven. K'lch. 1.2 Kings of l^J 
 
 Me»t of '^Henry. 7. ]ohn.^ England, 
 
 ed in right to the wife as her rcafonable part, the other to the 
 heir, and third to the Teftator to make his will of thenrii and 
 of the other two parts he could not difpofe by Will. Concern- 
 ing Lands, it was regularly true that no man could alien his 
 whole inheritance to the dilhcrilin of his heir, either by a(fi 
 ir» his life time, cr any part thereof by his laft Will , without 
 the concurrence of the heir. But of purchafed Lands he may 
 give part by adt executed in his life time, though he have no 
 Lands by inheritance, and if he hath no ilTue, then he may alien 
 all. And where a Man hath Lands by inheritance, and alfo by 
 purchafe, he may alien all his purchafed Lands as he pleafeth.. 
 if the Landsbe holden in Gavel-kind, no more of the inheri- 
 tance can be conveyed to any of the children , than their pro- 
 portionable parts will amount unto. This Law of inheritance 
 was diverfe according to the Tenure, for the Lands in Knight- 
 fcrvice always defcended to the heir i but fuch as were hold- - ^ 
 
 en in Socage palTed according to the cuftom , either to the /^ /^'^ ^' 
 eldelljorto the youngeft, ortoall equally. And thus flood 
 the general ftate of inheritance from the Normans limes lii- l/ Hc/m c.88 
 therto, feeming fome what too ftrait for the Free-men, that by 
 Law of property might challenge a power to do with their 
 own as they pkafed. But the Normans faw a double preju- 
 dice: herein : the hrA was the danger of ruine of many of their 
 Families, who now ingrafted into the Englifti ftock , and yet 
 not fully,one might cxpedJ a late check to their preferments 
 from the Saxon parents after along and fair femblance made 
 of their gov'd will. The fccond prejudice was the decay of 
 their M'litia, which was maintained by riches more than by 
 multitude of men \ partly becaufe that rich men are molt fear- 
 ful of olfcndi.ig, and therefore ordinarily are molt ferviceable 
 both with their bodies and eftates againlt publick dangers* and 
 partly beciufe by their Friends and Allies they bring more 
 aid unto the pubiick, by engaging them in the common caufe, 
 that orherwifc might prove unfenlible of the condition of theit 
 Country. 
 
 The heir of a Free-man fliall by defcent briiv-fuch fcifin a^ p. 
 
 his 
 
1^8 The govern- \ Steven. Rich.i. > Kings of 
 
 ment of (Hen. 2. John. \ England • 
 
 Vtdc Clativ. his anceftor had at the time of his death, doing fcrvice, and 
 
 i.7'C.9* paying relief i and (hall have his Chattels. 
 
 If the heir be under age the Lord (hall have the Ward(hfp 
 for the due time, and the Wife her Dower , and part of the 
 goods. 
 
 If the Lord with-holdfeifin the King's JuAice (hall try the 
 matter by twelve men. 
 
 The rirll of thefe branches is declaratory of a ground of 
 common Law i but being applied to the la(i is an introduction 
 of a new Law of trial of the heir's right by Aflize of Mort- 
 dancefter, where fonnerly no remedy was left to the heir, but a 
 Writ of right. If thefe three branches be particularly obferved 
 they fpeak of three forts of heirs, of Tenants by Knight- fer vice, 
 vizAuch as are majors, or of full age: and fuch <«tf are mi- 
 nors, or under age : and fuch as are ot a doubtful age. Thofe 
 that are of full age at the death of their Ance(\ors may po(Tefs 
 the Lands defcended, and the Lord may not difTcife him there- 
 of; butmayberefiftedby theheir in the maintenance of his 
 po(re(Eon, fo as he be ready to pay relief, and do fervice that is 
 due : and if the Lord expel him he (liall have remedy by 
 Allize. Tliofe heirs that are minors fnall be under the Lord's 
 guardianlhip till they come to one and twenty years. The 
 heirs of fuch as hold by Socage are faid to be at full age at fif- 
 teen years, becaufc at that age they were thought able to do that 
 fervice: but the Sons of Burge(rcs arc then faid to be of full 
 age when they have ability to manage their Father's calling, 
 fuch as telling of money, meafuring of cloath, and the like : yet 
 doth not G/^«y/7 or any other fay that thefe were their full age 
 to all purpofes : albeit that fome Burroughs at this day hold the 
 la(i in cullom to all intents whatfoever. The Ia(t branch pro* 
 videth the remedy to recover to the heir his poffedion in cafe 
 it be detained, either through doubtfulnefs of age of the heir, 
 or his Title ; and it direds the ifTue to be tryed by twelve men. 
 This trial fome have thought to be of GlanviVs invention', and 
 It may well be that this trial of this matter as thus fet down 
 was dirc(Sed by him : yet he ufeth often in his book the word 
 folet^ and in his preface faith, that he will let down frequent ius 
 
 ufitatJi 
 
The govern- ^Steven. Kxch. I.} Kt»gr of 199 
 
 ment of cHen. 2. John, i England. 
 
 ufitata •, and it's part queftion but that the trial by twelve men 
 was much more ancient , as hath been already noted. One 
 thing more yet remaineth, concerning the "Widow of the Te- 
 nant, whofe Dower is not only provided for, but her reafonable 
 part of her Husband's perfonal cftate. The original hereof 
 was from the Normans, and it was as popular as that of w ard- 
 (hips was Regal •, and fo they made the Englifli women as fure 
 to them as they were fure of their children. 
 
 The Juftices (hall by Adize try diffeifins done fince the King's xo. 
 
 coming over Sea, next after the peace made between him and 
 his Son. 
 
 This is called the Afliie of Novel difleifin, or of difleifins 
 , lately made. It feems that the limitation was fet for the Julli- 
 ces fake, who now were appointed to that work , which for- 
 merly belonged to the County- courtsi and to prevent intrench- ^^^fJ-v. Itb.i^^ 
 ments of Courts, a limitation was determined , although the '^'^P- Si' 
 copy feemeth tobe miftakeni for the limitation in the Writ is. 
 from the King's laft voyage, or going into Normandy. 
 
 Juftices (hall do right upon the King's Writ for half a u> 
 Knights Fee, and under, unlefs in cafes of difficulty, which are 
 to be referred to the King. 
 
 The Juftices //wfr<iyt ended the fmaller matters in their cir- 
 cuits, the other were referved to the King in his bench, 
 
 Juftices fliall enquire of Efcheats, Lands , Churches , and 
 Women, in the King's gift; And of Caftk-guard, who ? how 
 much } and where ? 
 
 So as the Judges iunerant had the work of Efcheators \ and 
 made their circuits ferveas well for the King's pn.tit asjuftice 
 to the Subjeds.They ufed alfo to take feaity of the people to the 
 King at one certain time of the year, and to demand homage 
 alfo. Thefe matters of the King's Exchequer made the pre- 
 fence of the judges lefs acceptable, and it may be occallcned 
 fome kind of oppreifion. And as touching Cafik guard, it 
 
 was 
 
 12* 
 
200 The Goverff. ^Steven, K'lch.i. ■* Kwgs of 
 
 ment cf ^Hen. 2. John. ^ EfjgUnd, 
 
 *- — . ■ ■ . I ' ' i" 
 
 was a Tenure in great ufe in thefe bloody rimes, and yet it feem- 
 cth they ufed to take Rent inftead of theperfonalfervicej elfe 
 had that enquiry fiiow much?) been improper. 
 
 42^ Of a Tenants holding, and of feveral Lords. 
 
 That one man may hold feveral Lands of feveral Lords, 
 and fo owe fervice to them all isfo common , as nothing can 
 be more ; neverthelefs it will not be altogether out of the 
 way to touch fomewhat upon the nature of this mutual 
 relation between Lord and Tenant in general , that the true 
 nature of the diverfity may more fuUy appear. The foundation 
 or fubjedl of fervice was a piece of Land , or other Tenement, 
 at the rirft given by the Lord to the Tenant in affirmance of a 
 ftipulation between them prefuppofed , by the giving and re- 
 ceiving whereof ttie Tenant undertook to perform fervice to 
 GhnviJ.J.^. the Lord, and the Lord undertook protediion ' of the Tenant 
 '•4. in his right to that Tenement. The fervice was firft by pro- 
 
 mife folemnly bound , either by oath, which the Lord or his 
 deputy by the common Law hath power to adminifter » as in 
 the cafe of fealty, in which the Tenant bound himfelf to be 
 true to the honour and fafety of his Lord's perfon, and to per- 
 form the fervice due to the Lord for the Tenement fo given: 
 or otherwife by the Tenant's humble acknowledgement , and 
 promife net only to perform the fervices due, but even to be 
 devoted to the Lord's fervice,to honour him,and to adventure 
 limb and life, and be true and faithful to the Lord. Thi? 
 is called Homage, from thofe woxds^ I hecome your man 5/Viand 
 ^ yet promifeth upon the matter no more but fealty in a deeper 
 
 complement, albeit there be difference in the adjunds belong- 
 ing to each. For though it be true that by proraife of being 
 the Lord's man, a general fervice may feem to be implied, yet 
 in regard that it is upon occaiion only of that prefent Tenure, 
 it feemeth to me that it is to be reftrained only to thofe par-r 
 ticular fcrvices which belong to that Tenementi and therefore 
 if that Tenement be holden in Socage , although the Tenant 
 be bound to homage, yet that homage ties not the Tenant to 
 Lk.Ub.X'C.y the fervice of a Knight i nor contrarily doth the homage of 
 
 a 
 
The Covcru- S Steven. Rich. i. ^^ Kiffgs of 20 1 
 
 tftcnt of c Hen.2. John. 5 England. 
 
 a Tenant in Rnight-fervicetie him to that of Socage upon the 
 command of his Lord, though he profeflfcth himfclf to be his 
 man. Nor doth ttie Tenant's homage bind him againft all 
 men^not ad Jetnper i for in cafe he hold eth of two or diveis 
 
 Lords bv homasc for feveral Tenements, and thefe two Lords ^, ., ,., ► 
 
 be in War one againli the other , the Tenant mult lerve his ^^^ ^^ "^ 
 
 chief Lord of whom the Capital houfe is holden ', or that Lib.y.c jp.io. 
 
 Glanv. lih. 
 
 Lord which was his by priority, who may be called the chief 
 Lord,bccaufe having hrft received homagCj^he received it abfo- 
 lutely from his Tenant^ but all other Lords receive homage of 
 fuch Tenant, with a faving of the Tenant's Faith made to other 
 Lords and to the King, who in order to the publick had 
 power to command a Tenant into War againft his own Lord. 
 If therefore he be commanded by the King in fuch cafes unto 
 VVar^hcnced not queflion the point of forfeiture •, but if he 
 be commanded by a chief of his other Lords into War a- '' 
 gainft a party in which another of his Lords is engaged , his 
 fafcft way is to enter upon the work, bccaufeof his allegiance 
 to that Lord, yet with a faho of his fealty to that other Lord . 
 But in all ordinary cafes, Tenants and Lords muft have regatd'"'^"'^' 
 to their ftipulation , for other wifc^if cither break^ the other is 
 difcharged for ever i and if the fault be in the Tenant,hi5 Tene- 
 ment efcheats to his Lord i and if the Lord fail, he lofes his 
 Tenure, and the Tenant might thenceforth dlfclaim , and 
 hold over for ever. Neverthelefs the Lords had two privi- 
 leges by common cuftom belonging to their Tenures , which 
 althoughnot mentioned in the ftipulation , were yet more 
 valuable than all the reft i the one coiicerning matter of profit, 
 the other of power : That of profit confided in aids and re- 
 lief. Theaids were of three kinds, one to make the Lord's ibiJ. c. 8. 
 eldeft Son Knight, the other to marry his eldcft Daughter-, 
 the third to help him to pay a relief to his Lord Paramount i 
 which in my opinion founds as much as if the Tenants were* 
 bound by their Tenures to aid their Lord in all cafes of extra- 
 ordinary charge (faving that the Lord could not diftrain his QjanzJ.^ c.% 
 Tenant for aid to his War) and this according to the Lord's 
 difcretion i for Glanvil faith that the Law determined nothing ibid, 
 
 Ee con- 
 
202 1'be govern- ^Steven. Rich.i. ? Kings of 
 
 meni of c Hen. 2. John. J England, 
 
 concerning the quantity or value of thefe aids. Thefe were 
 the Norman ways, and favoured fo much of Lordfliip, that 
 within that age they were regulated i But tiiatof reliefs was 
 an ancienx facrihce, as of firft-fruits of the Tenement to the 
 Lord, ID memorial of the hrft Lord's favour in conferring 
 
 iW- that Tenement ■-, and it was rirft fettled in the Saxons time.The 
 
 Lord's privilege of power extended fo far as to dilUain his 
 Tenants into his own Court to anfwer to himfelf , in all cau- 
 fes that concerned his right i and fo the Lord became both 
 Judge and party, which wasfoon felt and prevented , as fhall 
 appear hereafter. Another privilege of the Lord's power 
 was over the Tenant's heir after the Tenant's death, in the dif» 
 poGngof the body during the minority and marriage of the 
 fame. As touching the difpodng of the body, the Lord either 
 
 Glanv. J. 10. retained the fame in his own power, ox committed the fame 
 to others > and this was done either ^leno jure^ or rend ring an 
 
 lUi. M 2. account. As concerning the marriage of the Females that are 
 heirs, or fo apparent: the parents in their life- time cannot 
 marry them without the Lord's confent \ nor may they marry 
 therafelves after their parents death without the fame* and 
 the Lords are bound to give their confent, unlefs they can 
 (hew caufc to the contrary. The like alfo of the Tenant's wi- 
 dows that have any dowry in the Lands of fuch Tenure. And 
 by fuch like means as thefe the power of the Barons grew to 
 that height, that in the lump it was too mailie both for Prince 
 ax»d Commons, 
 
 J ., Of the power of the laft Will. 
 
 It is a received opinion, that at the common Law no man 
 could devife his Lands by his laft Will. If thereby it be concei- 
 . ved to be againft common reafon, I ihall not touch that i but 
 if againftcuilom of the ancient times , I muft fufpend my 
 concurrence therewith until thofe ancient times be deiined ; 
 for as yet 1 Hnd no teftimony fufficient jtoafTert that opinion; 
 but ratlier that the times hitherto had afacred opinion of the 
 lafi: will, as of the mort ferious, fincere, and advifcd declara- 
 tion of the mofl inward deGres of a man, which was the main 
 
 thing 
 
The govern- jSteven. ilich.i. ? Kh^s af 205 
 
 mefitofl Hen. 2. Johp. y EngUind, 
 
 thing looked unto in all conveyances, Volmitas donatrif de 
 C£tero obfervetur. And therefore nothing was more ordinary 
 than for Kings in thefe times, as much as in ihom did lie, to 
 difpoCe of their Crowns by their lalt Will. Thus , King J^abnt M. Tanj. 
 appointed Hfwrj) the third his fuccelVor , and Ric^jr^ the htix i^n.iii6. 
 devifed the CrOwn to King John y and He:yy the firft gave all Hoz<;Jen. 
 his Lands to hi5 daughter •, and iFilitm the Conquerour by his '^"- ^ ^9P- 
 hrt Will, gave Normandy to Kobert, England to l^i^i am; and to ^^^^^'"'l''-«°'-'' 
 He-wr)' his mothers Lands. If then thefe things of gteateft.^j';,^,^^,^ 
 moment under Heaven were ordinarily drfpoltd by the laft 
 Will, was it then probable, that the fmaller Free-holds fliould 
 be of too high efteem to be credited to fuch conveyances? I 1 
 
 would not be milhken, as if 1 thought that Crowns and Em- 
 pires were at the difpofal of the laft Will of the po{rc0br i not 
 do I think that either they were thus in this Kingdom, or that 
 there is any reafon that can patronize that opinion j yet it will 
 be apparent that Kings had no Height conceit of the laft Will, 
 and knew no fuch inrirmity in that manner of conveyance , a$ 
 is pretended i or elfe would they never have fpent that little 
 breath left them in vain. 1 have obfervcd the words of Clatt' r 1 . 
 
 vil concerning this point , and I cannot find that he pofitively/^^^^ ^l' k ^ 
 denycth all conveyance of Land by will, but only in cafd of*'" 
 difherifon s the ground whereof is,becaufe. it's contrary to the 
 conveyance of the Law ; and yet in that cafe alfo alloweth of a 
 difpollng power by confent of the heir, v^hich could never 
 make good conveyance, if the Will in tiiat cafe were aWolutelyi 
 void, and therefore his Autliority lies not in the way. \^tt> 
 doth the particular cuftoms of places difcountenance , but ra- 
 ther advance this opinion, for if devifes of Lands were incident 
 to the Tenure in Gavel-kind, and that fo general in old time, 
 as alfo to the burgage Tenures, which were the rules of Cor- 
 poration and Cities, Vbi leges Angli£ deperiri non ppjjmt nee Ll.Guli;lm. 
 defraudari nee violari, how can it be faid contrary to the com- cap. 6x. 
 mon law ? And therefore thofe conveyances of Lands by laft 
 Will, that were in and after thefe times holden in ufe , fcem to 
 me rather remnants of the more general cuftom walUd by 
 politiveLaws,than particular curtoms growing up againft the 
 
 E c 2 common 
 
204 -^^^ Govern- j Steven. K\q[\a,1 Kings of 
 
 went of '}Hen.2. John. S England. 
 
 common rule. It's true that the Clergy put a power into the 
 M.Tar'ti. Pope to alter the Law, as touching thcmfelves in fomc cafes : 
 x_A)t.i\%u for Rogfr Arch- Bilhop of T(jri^ procured a faculty from the 
 Huv^eiluyin. pope to ordain, that no EcclefiafHcal perfon's Will fhould be 
 Dicyct\^k-< goo^^i^l^^s made in health, and not lying in extremity; and 
 pjp" ' ' ' that infuch cafes the Arch-Bifliop fhould poffefs himfelf of 
 HovcJifi, all fuch parties goods : but as it lafted not long, fo was himfelf 
 f). 587; made a pre||denf in the cafe : for being overtaken with death 
 
 e're he vvas provided, he made his will in his ficknefs , and 
 H^«r)/ the fecond poifelfed himfelf of his eflate. And it's as 
 '■^"^[i^/; true that Feme coverts in thefe days could make no will of 
 ■^ ^ ' their reafonable part, becaufe by the Saxon Law it belonged 
 joyntly to the children. Nor could Ufurers continuing in that 
 courfe at the time of their death make their Will, becaufe their 
 perfonal elhte belonged to the King after their death, and their 
 Lands to their Lords by efcheat, although before death they lie 
 open to no cenfure of Law i but this was by an efpecial Law 
 made fince the Conquerour's time i for by the Saxon Law they 
 Lf. Edw'^7- were reputed as Out- laws. Neverthelefs all thefe do but 
 ftrengthcn the general rule, viz. that regularly the laft Will 
 was holden in the general a good conveyance in Law. If the 
 Will were only intended and not perfected , or no Will was 
 Chnv J.jc.f.m^dc^ then the Lands pafTed by dcfcent, and the goods held 
 cap. 8, courfe according to the Saxon Law, viz, the next Kinfmen and 
 
 Friends of the inteftate did adminirter, and as adminirtrators, 
 they might fuc by Writ out of the King's Court, although the 
 Clergy had now obtained fo much power as for the recovery of 
 a Legacy, or for the determining of the validity of the Will in 
 it's general nature^ it was tranfmitted to the Ecclefiallical 
 Court. 
 
 CHAP. 
 
Th& Govern- ^Sttw en. K\ch. i.'PKifjgs of 2O-5 
 
 went of '^Henxy. 2, ]Q\\n.^Englafici, 
 
 CHAP. LXIH. 
 
 of the Militia of this Kingdom dttri?7g the Reign of 
 thefe Kings, 
 
 I Undertake not the debate of right, but as touching matter 
 of Fad (hortly thus much : that from the Norman times 
 the power of the Militia rerted upon two principles: the one 
 the allegiance for the common defence of the King's perfon, 
 and honour , and Kingdom i and in this cafe the King had the 
 power to levy the force of the Kingdom, neverthekfs the caufe 
 was ftill under the cognifance of the great Council, fo far as to 
 agree or difavow the War, if they faw caufe •, as appeared in 
 the defcdions of the Barons in the quarrel between King 
 Steven and the Emprcfs, and between King Joint and his Ba- 
 rons. The other principle was the fervice due to the Lord from 
 the Tenant, and by vertue hereofCefpecially when as the liberty 
 of the Commons was in qucftion) the Militia was fwayed by 
 theLords, and they drew the people in Arms ei-ther one way 
 ortheotiicr, as the cafe appeared to them; the experience 
 whereof the Kings from time to time felf, to their extreme 
 prejudice, and the Kingdoms damage. Nor did the former 
 principle ovcrfway the latter, although it might feem more 
 confiderable , but only in the times of civil peace , when the 
 Lords were quiet, and the people well conceitedof the King's 
 aims in reference to the publick, which happinefs it was 
 Hfw_y the fecond's lot to enjoy i for he being a Prince eminent 
 amongfl Princes both for endowments of mind and of out- 
 ward eftate, not only gained honour abroad, but much more 
 amongrthisown people at home, who faw plainly that he 
 was forforaign employment of honour to the Kingdom-, 
 and not only contented with what he had in England^ but im- 
 barqued together with the Laity againft the growing power of 
 the Clergy, for the defence and honour of the privileges of 
 
 the 
 
3l8l« 
 
 206 The govern- \ Steven. Rich.i. 1 Kings of 
 
 ment of L Hen. 2. John. 5 England, 
 
 the Crown , wherein alfo the liberties of the people were in- 
 cluded : They therefore were fecure in the King's way , and 
 fuffered themfclvcs to be engaged unto the Crown further than 
 they or their Anceftors formerly had been, out c^^ pretence of 
 fudden cxtrenne occafions of the Kingdom that would not 
 be matched with the ordinary courfe of defence. For the King 
 CHnding by former experience that the way of Tenures was too 
 lame a fupply for his acquefts abroad, and that it had proved 
 little better than a broken reed to the Crown in cafe of difputg 
 with the people) aimed at a further reach than the Lords or 
 Commons forefaw •, and having learned a trick in France^ 
 brought it over, (although it was neither the firft nor laft trick 
 that £;/^/a«^ learned to their colt from Frj^fff) which was a 
 . new way of levying of Men and Arms for the War, by affelling 
 
 upon every Knight's fee, and upon every Free-man,of the value 
 of fixteen marks yearly, their certain Armsj and upon every 
 Free- man of ten marks yearly value, their certain Arms i and 
 upon every Burgefs and Free-man of an inferiour value , their 
 certain Arms. 2. That thefe fhould be ready prepared againft 
 a certain day. 3. That they Ihould be kept and maintained 
 from time to time in the King's fervice, and at his command, 
 
 4. That they Qiould not be lent, pledged, fold, or given away. 
 
 5. That in cafe of death they (hould defcend to the heir, who 
 if under age (hould rind a man to fcrve in his ftead. 6. That 
 in cafe the owner were able,he ftiould be ready at a certain day 
 with his Arms for the fervice of the King ad fdem Domini Kc" 
 gis & Kegni ftei. 7. That unto this every man fliould be fworn: 
 I call this anew way of levying of Arms and Men, not but 
 that formerly other Free- men and BurgeiTes found Arms , al- 
 beit they held not by Knight- fervice v for it was^ fo ordained 
 by the Conquerour's Laws formerly ufed : but now the King 
 ihruft in two claufes (befidfsrhe altering of the Arms) the 
 one concerning the oath whereby all men became bound i the 
 other concerning the raifing and ordering of Men and Arms, 
 which here fcems to be referred to the King only, and in his 
 fervice '■> and this I grant may imply much in common capa- 
 city, viz. that all the power of the Militia is in Henry the fe- 
 
 cond. 
 
The govern- :Ren.:^. Edw. i.i Kiwgf of 207 
 
 mefttofi Edw. 2. , ^ EngUtid, 
 
 cond. But tiiis trick catchcd not the people according to the 
 King's meaning ; for the words ad jidem Regif & Jiegni i\\\\ 
 left a miifc for the people to efcape, if they were called out a« 
 gainft their duty to the Kingdom, and taught the dodrine 
 which is not yet repealed, viz. That what is not according to 
 their Faith to the Kingdom, is not according to their Faith to 
 the King , and therefore they could tind in their hearts fome- 
 times to (it Itill at home, when they were called forth to War; 
 as may appear in one paflage in the days of King John , who 
 had gathered together an Army for the oppolnig of foraign 
 power, at fuch time as the Pope had done his worft againft 
 him and the whole Kingdom \ which Army was of fuch con- 
 fiderable llrength, as I believe none fince the Conquert to this 
 day exceeded or parallell'd it : but the King's mean fubmillion 
 to the Pope's Lcgat fo dillafted the Nobles and people, as they 
 left him to his own (hifts i and that in fuch manner ,as although 
 afterwards he had advantage of them and liberty enough to 
 have raifcd an Army to have ftrengthned himfelf againtl the 
 Nobles, yet the Lords coming from London^ brought on the 
 fudden fuch a party as the King was not able to withliand, and 
 fo he came of? with that conclufion made at Kenny-mead^ which 
 though in it felf was honourable, yet loft the King fo much the 
 niorCjbecaufe it was rather gained from him than made by him. 
 
 CHA P. LXI V. 
 
 of the GoverrjMcttt of Henry th tL/rd^ Edward the 
 firfi, 4«^ Edward the fecond ^ K/ptgs of England^ 
 And firji a general view of the d/fpojition of their 
 government, 
 
 ONe hundred and ten years more I have together taken 
 up, to add a period to this hr/t part of difcourfe con- 
 cerning Engliih government i principally becaufc one fpirit 
 
 ^ of 
 
ao8 The Govcr»-^HeQ.^, Edw,'i. i Kings of 
 
 merit of ^ Edw. 2. ^ EtJglaNd, 
 
 ot arbitrary rule from King John^^cxnQih to breath throughout 
 the whole, and therewith did expire. 
 
 The firft that prefcnts himfelf is Henry the third , begotten 
 by King John when he was in the very firft cntcrpriie of op- 
 prcrtion that occafioned the firft Borons bloody Wars, and 
 which this King was fo miferableas 10 continue for the grcateft 
 part of his Life and Reign i and yet fo happy as to fee it 
 ended about four years before he died. Although the foul be 
 not ingendred from the parent, yet the temperature ot the 
 body of the child doth fometimes fo attemper the motion of 
 the foul, that there is in the child the very image of the Fa- 
 ther's mind: and this Hc//ry the third lively expreflfed, being 
 fo like unto his Father John in his worft courfe,as if his Father's 
 own fpirit had entred into him , and animat^ hmi in all 
 his ways. He brought in with him the firft preldent of con- 
 fcicnce in point of fuccdllion by inheritance Jn the Englifti 
 Throne ■-, for the ftream of probabilities was againft him. He 
 was a child, and the times required a complcat man, and a' 
 man for War : He was the child of King John^ whofe demerits 
 of the State were now freflu in the minds of all Men. He was 
 alfo defigned to the Throne by his Father's laft Will, which was 
 7A. ?ms. adangcrouspre^ent for them to admit, who had- but even 
 t^An.izi^' now withftood King John^ depofiting of the Crown in the 
 Pope's hands, as not being in tlie power of a King of Eng- 
 land to difpofeof his Crown according to his own' will. Yet 
 leaping over all thefe confiderations , and looking on Henry 
 the third as the child of a King , that by good nouri- 
 ture might prove a wife and juft King : they clofed about 
 this fpark , in hope it might bring forth a flame whereby to 
 ■warm themfelves in ftormy times. Nor did their hopes foon 
 periftii for during his minority the King was wife to follow 
 good Counfel , and by it purged out all the ill , humours that 
 the Kingdom had contraded in the raftj diftempers of his Fa- 
 tiicr's government; Nor did he only follow the counfcls 
 of others herein, but even at fuch times as their counfels crof- 
 fed, he chofc thofe Councils that futed with the moft popular 
 way j as is to be feen in the different counfels of the Arch- Bi- 
 
 ftiop 
 
The govern- jHen.3. Edw. 1. 1 Kingt of 209 
 
 mentof I Edw. 2. \ England, 
 
 (hop of Canterbury and WMam Briware, And yet two things ^'^- i'^rts 
 troubled much thofe times : one that they were times of par- '-^'*- '--S* 
 tiesv the other, that the Protedor was fomcwhat too excel- 
 lent to be a meer fervant i and it's hard for the EngliCn Nobi- 
 lity to endure him to be greater i although it may feem reafon- 
 abie, that they that are thought worthy to govern a King 
 (hould be much more worthy to govern themfelves. But the 
 Pope put an end to all occalion of queltion hereabout *, for 
 by his brief he declares the King to be fixteen yeais old , and 
 of age to govern himfelfi and therefore allCaftlcs are forth* 
 with to be rendred up into the King's hands. This proved m. Paris, 
 the rock of offence, whilft fome obeyed the Pope , and were o/f». r 1 2 ; , 
 impugners of thofe that put more confidence in the Caftles i*i4' 
 than in the King's good nature. Hence firft fprang a civil 
 broil, thence want of Money, then a Parliament i wherein the 
 grand charter of Ettglands liberties once more was exchang- 
 ed for a fum of Money. Thus God wheeled about fuc- 
 cefles. But the King having paffed over his tame age under 
 the government of wife Counfellors, and by this time begin- 
 ning to feel liberty , it was his hard condition to meet with 
 want of Money i and worfe, to meet with ill Counfellors, 
 which ferved him with ill advice , that the grand Charter 
 would keep him down, make him continually poor , and in 
 ftate of pupilage : to this giving credit, it (haped an Idea in 
 his mind that would never out for forty years after > and 
 thus advifed he negleds his own engagement , defies the go- 
 vernment that by his Royal word , and the Kings his prede- 
 celTors in cool blood had been fettled i and that he might do 
 this without check of Confcience, he forbad the ftudy of the 
 Law, that fo it might die without heir, and he have all by 
 Efcheat. This fad ded the Engl ifli and made them drive hea* 
 vily v the King f to add more (Irerigth) brought in Foraigners 
 and foraign Councils : and then all was at a fiand. The Coun- 
 cils were for new ways. The great dellgn was to get money 
 to fupply the King's wants v and as great a defign was to keep 
 the King in want : othcrwife it had been ealie tor thofe at tlic 
 helm to have flopped theconcourfe of Foraigners (other than 
 
 F f them- 
 
2IO . The govern- ^Hen.3. Edvf .\ . 1 Kings of 
 
 ' fftentoft Edw. 2. ^England, 
 
 themfelves^from abroad •, the confluence of the Queens poor- 
 er Allies, lavifli entertainment, profufe rewards, cheats from 
 Ko/Mtf, and all in necellitous times. But Grangers to mainfaii) 
 tbeirown intcrcfts muft mairirain ^ftrangenefs between the 
 Ring and his Subjects i to fupply theircfore thefe neceflities al! 
 fhifts are ufed, as revoking of Charters, difplacing of Officers, 
 and fining them, Aflforcftations with a train of opprellions 
 d^p&nding thereon, fines and amercements, corrupt advance^ 
 ments,Joan5i) and many* tricks to' rnake tfch- rr.en offenders, 
 cfpccialJy ■projcd:5 upon the City of hondvn. Neverthclefs^ all 
 proved infinitely (hort of his disburfements, foasat-times he 
 is neceflitated to call Parliaments, and let them know his 
 wants. At the firft the people are fenfible and allow fupply •, 
 but:after by experience finding themfclves hurt by their fupj. 
 plres to the King , they grant upon conditions of rcrievt^ing 
 the power of the great Charter •, and many promilcs pafs 
 from the King to that end, and after that Oaths, and yet no 
 performances this makes the people abfolutely deny fupplies. 
 Then the King pretends Wars in France^ ^ Wars in Scotland^ 
 and Wars againft the Infidels in the Holy-hand ^whnhtt he is 
 going : the people upon fuch grounds give him aids* but fi-nd- 
 ing all but pretences, or ill fuccefs of fucH enterprifes ,, they 
 are hardned againft fupplies of him for the holy War: then 
 he feems penitent, and pours out new promifes , fealed with 
 the molt folemn execration that is to be found" in the Womb 
 of ftory, and fo punctually recorded, a^ if God 'would havfe 
 all generations to remember it as the feal of the covenant 
 between the King of 'England and his people, and therefore I 
 cannot omit it. 
 J^L Vavis. It was done in full Parliament, where the Lords Temporal 
 
 t^4n lijs- and Spiritual, Knights, and others of the Clergy, all Handing 
 with their Tapers burning. The Kirg himfelf alfo ftanding 
 with a chearly countenance, holding his open hand upon his 
 breft, the Arch-Bilhop pronounced this curfe enfuing. 
 
 By the authority ef Godomnipntent^ of the Son^ and of the Holy 
 Ghoji^ and of the glorious Mother of God the Virgin Ma^y.affddf 
 the blejfed Apojiles Peter-<J«^ Paul, and ofaU the other /[popes, 
 
 and 
 
The govern r ; Hep. g . Ed w. I . ? Kitjgs of 2 n 
 
 V mcnt cfl : !£dvv, 2. ^5 EtigUnd, 
 
 'and of the Holy Martyr and .■■ :h-Bijhop Thomas , and of ah the 
 Martyrs^ and of the blejfcd Edward King of England, and of all 
 Confejfors and Virgin r^ and of all the Saints of God. 
 
 IVe 'ExcjnunrtnicJ'te and Anathemaiize^and feqt^ejler frqvi our 
 haiy Mother ttie Churchy allth.fe which henceforth k>ion>i>tg}y affd 
 maliciouJ!y\, f^'ill deprive or fpoil Churches of their right. 
 
 And althoje that (hall by any art or rvitraJJ.'ly violate ^diminijft 
 or change^ fecretly or openly^ in deed^ word or counfel, by crojpng in 
 part or whole thofe Ecclefiajiical liberties^ or ancient approved ctt' 
 jloms of the Kingdom^ efpecially the liberties and free . cnjhms 
 rvhich are contained in the Chart erf of the common liberties 0/ Eng- 
 land, and the Forejls^rantedby our Lord the King to the Arch-Bi- 
 pops^ Bipops^ Prelates^ Earls ^ Barons^ Knight s^ and Free holders. 
 
 And all thofe vcho have publifljed^ or being publi(hed have obfer- 
 ved^any thing againli them or their Statutes ^or which'h' are brought 
 in any cujloms^ or being brought in have obferved i and all Writers 
 of Ordinances or Councils ^ or executioners ^ or futh us fl^ all: judge 
 by fitch things. 
 
 All fuch as are knowingly guilty of any fuch matters /^j/Zipfo 
 fad^o incur this fentence : fuch as are ignorantly guilty pall incur 
 ihe.J^ame cenfure^ if being admonipedbe amend ^^Vfithin^jif*^^*^ 
 days after admonition. ,il rrnhno:? /i. •': 
 
 In the fame cenfure are comprehended all pertmhers of ihe peace 
 of the King and Kingdom : for everlajVmg memory whereof roe 
 have hereunto put our Seals. 
 
 , And then all throwing down their Tapers extinguished and 
 fmoking, they faid, -So let all that {hall go against thif curfe be 
 extin^^andjliftk, in Hell. The King all the while continuing 
 in the pofture above-mentioned, faid. So God me help^ Irvillob- 
 ferve all thefe things fiucerely and faithfully^ as 1 am a Man^ as I 
 am aChri^ian, as I am a Knight^ as I am a Kiitg crotrned and 
 anointed. • . '' x 
 
 If we (hall pare away the fuperftitious ceremonies, and cO«- 
 fidcr divine providence , we may fcarch into all Hiftories of 
 all ages, and we fliall not find a parallel hereunto i (o fe- 
 rioully compofed , folemnly pronounced, with an Amen 
 from the rcprefcntative body of the whole Kingdom, put 
 
 F f 2 in 
 
212 The govern- iUea.q, EdwA,}KJfigs of 
 
 ment of I Edw. 2. y England. 
 
 in writing under feal , preferved to porterity > vindicated by 
 God himfelf in the ruine of fo many oppofers. And yet the duft 
 of time hath almoft buried this out of the thoughts of mcn^, fo 
 as few even of fuch as know it do fcrioufly conlider how far it 
 may yet and even now be charged upon the account of this Na- 
 tion. Serious as it was, it was foon forgotten : nor would the 
 King be long holden with promifes , fome unhappy Star 
 ftruck him in his birth: he had been too hard for his promi- 
 fes, and now having the Pope at his elbow, he can difpence 
 with his oath, and bid defiance to an execration: and in flat 
 defiance of the grand Charter profefTeth oppreflion , accumu- 
 lates foraign Counfellors , and foraign guards, contemns 
 his own people, u(hers in the Pope's extortions upon thera 
 to fill up themeafure; thrives in nothing but in the match of 
 his Son and Succeffor with a Sifter of Sfain , and yet that 
 alfo helps to haften on the pwblick poverty , and that a Par- 
 liament that brought forth a bloody iffiie v although not by 
 any natural power, but occafionally : For the Barons mean 
 now no longer to truft to promifes i ftrangers are banithed 
 the Realm, and others of the Engli(h blood ftepped into 
 their places and Revenues. But this was not all , the Kfng 
 muft confirm the grand Charter, and thereto he addeth not 
 only his own oath, but caufeth the Prince his Son to con- 
 firm the fame in like manner. It is likewife propounded to 
 him that the chief Officers of the Kingdom may be chofen 
 fuch as the Parliament ftiall like of: And that other Laws 
 meet for the government of the Kingdom might be eftabliflied : 
 of all thefe the King made no bones. And to make Men be- 
 lieve that he was in good earneft, he was contented to difrobe 
 anddifarmhimfelf, and invert the Barons both with Sword 
 ^'^' and Scepter, retaining nothing; but the Crown for himfelf. 
 
 This had been fafety enough for the Kingdom, but that it 
 was a conclufion without an agreement ■-, for as it was on the 
 King's part made from a principle of fliame and fear , fo it 
 was determined in anger i for after that the King had been 
 thus d reft and gilt for the fpace of four or 'n^Q years (what- 
 soever he thought all the whik it'sno liiattcr) hebeganfirft to 
 ' ' ftretch 
 
The Goverh-^Hen.^. Edw, i.'?Ki»gs of 213 
 
 mentof'2, Edw. 2. ^Enfi^hfid. 
 
 ftretchhis confcience, and having the Pope's difpenfation to 
 help, foon makes his oath to flie afunder (although his Son 
 had far the prefent more confcience. J But the other girt held 
 moreftoutly , for the Lords had the Sword chained to their 
 Arm by the King's own grant. Liceat omnibus in regno nojlro 
 contra nos infurgere & ad gravamen noflrum opem & operam dare 
 ac ftnebis innttUotenerentur \ and the Lords maintained their ^^ >- 
 
 hold, though not without fome jealouiies amongft themfelves: j,* g*^ '^ 
 and it's very probable had the King been a little longer breathed 
 with patience, he might have had his will upon ealler terms : 
 for the Lords were not fo jealous of one another as the Com- 
 m6ns were jealous of the Lords, that they meaned to rule on- 
 ly for themfelves. But the King now being in a wood , and 
 bemired, fo as he muft now refolve to get all, or lofe all , and 
 fo either fatisfie his natural delires , or the remainder of his 
 politick power, entred the. field with the aid of thofe Com- 
 mons that chofe rather to be opprefTed by one King th^ many 
 Lords : and thus the Lords received the firft blow, and gave the 
 iirft foil : afterwards being worlkd by their own divifions and 
 jealoufies, they left a vidlory to the King that might have 
 made him abfolute , if he had -been moderate i but purfuing 
 revenge too far, he KvaS diftafted of his own party that look- 
 ed on him as z, Polyphemus that intended to devour the ene- 
 my firli, that he might more freely feaft upon them- 
 felves in the iffue : this made vidory follow the King a far 
 off, and taught the King that the end of civil War muft be 
 attended with moderation m theConqucrour , fo far as may 
 ftand with pubHck fafetyv ,or otherwife he that is conquerour 
 today by Sword, maybe conquered tomorrow by jealoulie. 
 Thus many humours confumed , and all parts tired after four 
 years continual War 4 the State cometh to it's right Wits. 
 •.XlieKing'sgainsinall this bloody fweat may be fummed up 
 in two heads: Fitft, tbathe had liberty to chufe his principal 
 Officers of State by advice of the Lords, and rhem alfo to dif- 
 place by like Council. Secondly, in that he gained (though 
 at a dear rate) wifdom to obfcrve the ftate of affairs , and 
 to apply himfelf according to ocQafion ; fo lived Henry 
 iij\ \:i the 
 
2 14 T^be govern- t Hen. 5 . Ed vv.l . > Kings of 
 
 ment of l Edw. 2. S ^England, 
 
 the third for three or four years after thefe troubles*, long e- 
 nough to let the World know that he was able to govern like 
 an Englifli King, and to teach his Son by his own late experi- 
 ence to be a wife governour betimes. 
 FJn>Jrd. i. For Es/n^jraf the fir(V being trained up in the Tragedy of a 
 civil War, wherein he was one of the cliief aftors •, and having 
 expiated the bloody way of his riotous youth by his holy War, 
 as they called its now he betakes himfelf to amends making 
 by Juftice m government, having found by his Father's experi- 
 ence that a Kingdom well.governedt' like; .good husbandry jpre- 
 -ferves the owner, but being negkificddieftroysboth. - 
 
 He came over in his third ye^ mAugaji ^ was crowned in 
 September^ fummoned a Parliament InFebruary following, but 
 adjourned ittill after Eafter ; and then it is found that the 
 Church of late had bcenillgoverned, the-Clergy-men grieved 
 by many ways, the people othJerwifehafidled. than they ought 
 vtobe,the peace ill kept,the Lawf lefe ufeti,iand delinquents lefs 
 puniflied than was meet *, and in the fence of thefe inconvenien- 
 ces were the Laws of J^fl/Jwia/fer/tlieifirft made, wherein the 
 world may fee the great difference ibetween the Prince and the 
 Kingin one and the Tame man. ' trl .r! n , -^'i^l u - 
 
 The. mofi: part of thde Law-s wttfe lfftie?(ither thah-|il;iifters 
 applied to particular jbotchcs bf'thofeV times , wherein the 
 King dealt with a tender hand, as if he feared to ulcerate any 
 part, and efpecially the Clergy , and therefore delivered the 
 lad Lavv in a' petitionary way.to the Clergy, becaufe it concern- 
 ed the-executioniOf-rJufticcilDprohibitcd times; afld/yiet'bouhd 
 up all with a yi/z^(?toihiriTfelf and:hi&p^rogatiiv^^, ilike'^' w^ 
 .King that.would neither Ibfe right,, nor do wrong rJilor yet 
 -ftick4eto debate with his fubj^^cfts now, when as his eycwks 
 j,Y jr ^ . .upon a further rnark. for Leo/iw the Prince oi Wales h^d 
 •^M?- 4 ■• at^^ipptg^ l^ij^. J ,^^ thoughvheod)uld no* eodure ^rifirpnts: ,- yet 
 coulii he dilfembje them ifotbdviantagc ,•: and fo he fuffered the 
 Parliament to runit's tourfe;,hthat he >iti?ght" have' done the 
 fooner. Otherwise he had a feed of his Father'^ conceit that 
 Laws are not made for JKings, as appeared afterward :■ for after 
 he had gQtten his Army into thg tield ,- he took a fifteenth 
 
 which 
 
The govern- rHeil.:^. E^dw.^i. > Kwgs .of 215 
 
 mentofi^ Edvv. 2. ^^^ \ England, 
 
 which was granted to his Father, and this was nuitdito more :Jif. Ijl'cjt, 
 but there was nodifputing with power, and therefore the [uh^y^n- ii7<^. 
 jedt muft be contented ratheir toTcore it up agairift the future,' 
 thin' require prefent pay -, fd dangerous a thing i^ 15 (or Eifgland., 
 that Kings fliould have occ'afion to gather Annies, though for 
 never fo honourable employment. 
 "The VVelfn chafe is hotly purfued , yet it did not ri(3 much, 
 wayi for it col\ the]^nglit);\ 3 yqyage of ninoyears tray.^I before 
 they could attain the [hbre, afthough it ha!dT)cen often within^ 
 their view. It may be the King found it aSTvantageous for his 
 government to maintain an Army in the field under the colour 
 of the Welfh War, that he might more bow his fubjedls to his 
 own bent i for during thefe Wars the Kin^ m<^df many breath- 
 ings, and took time to lool^ po .the husbanding of his own re-* 
 venue, as thofe Ordinances calle4Ex^e//^^,w/i-»;rr/i, and Offichpn 
 Coroaatoris do witnc^fs, atKf the Stati^te of, l^igjini. ' But "the 
 people were not altogether yct.tamedi for the times being ftill 
 in Wars, and they occaHoning much waft of Treafure, put the 
 King to the utraoll pit.ch of epod husbandry. ..^nd one decree 
 beyond the fame : 10 as Under colour of feifin.g his owq , hp 
 fwcpt upalfo the privileges ?ind liberties of his fubjeds s fprne J7f IZ'cji. 
 Authours reciting the complaints' oT the Church" men, others of Pol_^J. nyg, 
 t[K Laity : fo as it fecmeth the King was no refpeder of per- 
 fons but his own. This and others not unlike had, almod oc- 
 calioned another combuflion,, had not the rneeting at Glocefter 
 fettled things for the prefent, by referring theriglit of Franchi- 
 fes to debate in the Eyer, and ordering refeifure of fuch liberties, 
 into the fubjcds hands, whereof they had been difpolTffTcd by 
 ^0 warranto and ^'J jnre^ under colour of tl]C fou^h chapter 
 of the Statute of Bigami,, , V "j ■;, ,. ^[)^ ' 
 
 Nevcrthelels however debonair the K.mg fe.efncd"'tb be. the 
 fore between him and his fubjtd;s was not fully cured 'i nor did 
 the Lords truft him further than needs muft, for whether they 
 ferved in the held or met at Council, lUll they were artied, and 
 during this daring of eacii other were maay prohtablc Laws 
 ipade, whilft neither party durlt venture bropdilicd in touch- 
 ing too nigh upon the privileges of each other , principally 
 
 bccaufe 
 
2l6 The G over n^WQQ^^. Edw,i.iKiffgs of 
 
 mentof 2, Edw, 2. ^ Englartd, 
 
 becaufe the affairs in Wales were but laid afleep , and upon re- 
 viving might turn the ballance to cither fide. 
 
 The Wars awake again, and therein are confumcd nigh five 
 years more of the King's reign, fo as whatever his intent was, 
 he could have hitherto little opportunity to effc<ft any thing for 
 the advancement of the prerogative of the Crown at home. 
 Nor had he fcarcely breathed himfelf and Army from the Welfli 
 Wars, but he found both Fr<i«cf and i^co</a«i his enemies at 
 once. The King faced only the firft, and fought, the fecond i 
 which held him work the remainder of his days,and at the fame 
 time alfo he arred both the Clergy arid Laity at his own home, 
 as if providence had given him fecurity for the good behaviourj 
 and yet it failed him in the ifTue, and left him fo the cenfure of 
 the world, whether his Juftice was ifpontaneous or by necellityi 
 for as yet he held the grand Charter at parley, and therefore was 
 ratiier eyed than much trufted : Albeit he was put upon confi- 
 dence in the Subjedts difcretionfor aid of him in his continual 
 undertakings : nor did they difclaim him herein , however 
 chargeable it was i folr all feem willing he (hould be employed 
 any where, fo as not within the four Seas. 
 
 It's probable the King knew it, and therefore having made a 
 voyage into France^ he changed the Scene of War, but to the 
 other fide as it were of a river,in hope his Lords would followi 
 but it would not be i thisangred him, and he them: nor would - 
 his Clergy allow him any aid TapainconfuUo , and therefore he 
 nuts them from his prote(^ion i thefe and his irregular prepa- 
 rations for War, by fummonsnot only of his Knights, but all 
 - ^ other that held Land worth 20 /. /?er <i»»«w, and Taxes impo- 
 
 '^"/'"■S* ^" fed by an arbitrary way,encreafed rancour into a kind of State- 
 fcoul, little better than a quarrel ; for appeafing whereof the 
 King granted a confultation upon a prohibition, and unto both 
 Clergy and Laity a confirmation of the grand Charter at the 
 long run, and allowed it as the common Law of the Kingdom, 
 and feconded the fame with many fucceeding confirmations in 
 r» : thetwentyfcven,& twenty eighth years of his reign,as if he had 
 ^ ^ '' utterly renounced all thought of a contrary way i but the Stat, 
 in his 2%tb, year had a fting in the tail that vf^s as ill as his 
 
 favirg 
 
Tbegoverft^ jUcn*^,Edw*i,^Kif/gt of 7ij 
 
 mefitof I Edw. 2. ^England, 
 
 faving of ancient aids and prifals which was in the Stat, of con- 
 firmation of the Charters, though it were omitted in this Sfat, 
 for the faving waaof iuch a fence as time and occafion would 
 move the King's heart to make it > and thus this Statute became 
 like a Uocm pern ^i thing to ftill the people for the prefent, and 
 ferve the King's turn,that he might more freely intend the con- 
 queft of the Scots s which once done, he might, if he would , try 
 mafteries with England. But God would not have it fo •, the 
 King in Scotland had power to take, but could not overtake « 
 and the Scots like birds of the prey, had wit enough to fly away, 
 and courage enough to return upon advantages : and fo the 
 King was left to hunt the wind, which made him to return. 
 
 He might now expe(ft the applaufe of his people for his 
 good fuccefs , and the terrour of thofe that had flopped the 
 broad way of his extravagant prerogative i and therefore looks 
 big, rubs up old fores, and C having his Army yet in the 
 field) fends for thofe Lords that would not follow him in his 
 Wars in Flanders ; all come and fubmit, and as it were in fo 
 many words let the King know that all England is now tame, 
 and like to be ridden at hisdlfcretion. And now there's no- 
 thing in his way but the fatal execrarton, which he feared, not 
 in relation to God's anger *, but rather to the exafperated 
 Clergy, and the dread of the Pope's direful thunderbolt. To 
 avoid this florm he procures ad ifpenfation from Kome to per- 
 jure and opprefs without fin. A trick that he learned of 
 his Father , and hid it withiniiis breaft , till now about two 
 years before his end he brings it forth, to tell all the World 
 that hitherto he had been juft againft his will. But having ob- 
 tained his purpofe, he ncvcrthelefs mifleth of his end , for a 
 new King of Scots^our old good enemies,by divine providence 
 fuddenly crofled his way before him, and now it boots not 
 tocontendfor arbitrary rule in E«g/4«^, and lofe the Crown 
 of Scotland^ which he once thought he had furei he faces about 
 therefore, and having fpoken fair to his people , for Scotland 
 he goes. Thusjf all were not in a parenthcfis^the King in- 
 tended a good period, but God only knows what his fur- 
 theft reach would have been^ if he had returned , for he was 
 
 G g taken 
 
^ ' . ;.\; mflt ofl ' ■ Xdw. p. ' J England. 
 
 taken out of this world in Seotlakd^ andfo left this his govern- 
 ment fomewhat like an innperfeftfcntence. ■ -■ • 
 'Edrv,2, HisSon E</tvrfr^ ibouB have, conripkat^d it^ but that he 
 wanted hisF^.ther's fence, and had iot>> much of his Grandfa- 
 thei's fuperbient humour, that meeting with a ftilT fpirit, and a 
 weak mind brought fudden fire into the courfe of government 
 tillitconfunned itfelf init's own flame. For this King ha- 
 ving nqwly fl.ipt out of a bondageof wtfe'goyernmcnt under 
 Ijis Father , ran the wild chafe^ after ra(h delires , fpepding 
 his former time in inordinate love, and his- latte* time upon 
 revengeful anger, little inferiour to rage*, and fo in hiis whole 
 government was fcarce his own man. His love was a precedent 
 ^f a ftrange nature, that commanded him- from a:ll<the con- 
 tentments of his Kingdom to forve'OB«' man*, a ftranger, and 
 proftitutq to all maimeii of liccnt-iouCsefe v -trkeriy ^Ot fomie 
 perfonal endo wonfents. ; It fhevvs that his jO<Jgemeh^ was weafc, 
 and his affedions ftrong \ and in that more weak, becaufe he 
 difcovered it before he was crowned: like feme of the weak- 
 eft of the weaker Sex, the birth of- whofe^rninds are' born as 
 ioon as they are conceived, and fpeafc ds fobn ar they ar(^; 
 ^orn. . It's tru^ that the BVav«y of Spirit mzf w6rk a.fte,r af>-! 
 folutenefs in Kings under the colour of fome kind of wifdom,' 
 But it is one thing to rule without Law, and another to live 
 without rule i the one da(hes againft the- Law of an Englifh 
 King, and may put on the nameof pe>l?cy,butth£^'Of}}er de-{ 
 ftroys the I aw of mankind, andean bear'riobeft^r'rfametii'an 
 of bruti£h defirCi ' '• -.' ' " ' 
 
 All the while Gavefion was in view , we find nothing con- 
 cerning Common- weal, or monument of Parliament ,Taving 
 two Ordinances made by the King^and fuch Lords as {J-ited tq 
 X. £cl-ai. I. the King's way, ratlier than to hilS wants? The firft was that ^^ 
 militibiis, the other ds ffangentiUm f^ifh'is*^ 5 for "all the King's 
 labour was to ioyallixe Gav$\hv\vi':o as high a pitch as he could, 
 and fo to amaze his own cye-fight with contemplating the 
 goodlinefe of hisperfon. ^ozsCavejknis become the image 
 of the King, and prefentshis beahas :ind influence into all parts 
 of the Kingdom, and according to his afpedt they oittn change 
 
 and 
 
The govern- cHen. 5. Ed w. i . ? K.i»gt of 219 
 
 . ment €fl Edw. 2. ''\ Eh gin fid. 
 
 and wane, and yet at the beft were but as in a mifly night. 
 
 The Barons liked not this condition of State Idolatry ,they 
 were willing to adore the King, but they could not bow to ata- 
 image: they dchred nothing more than that tluir Kirgtriight 
 fhine in his proper glory. Thrice is G^ff/f-'?/ banitVied , thrice 
 he returns » the laft occafioned another civil War, wherein 
 Gav€[ion loft his head •, thus the Lords removed the Eclipfejbut 
 (little the better thereby; they Hnd it a vain labour to com- 
 pel, the Sun t6 fliinc by (orce when it hath no light. Though 
 GavejioH be gone, the nr^ift of foraign Councils prevail j this 
 was bred in the blood, fed with blood , and ended in blood. 
 Through the Glafs of foraign Councils all things fcem of 
 foraign colour i the Kingto the people , and the people to 
 hitn. The King at length begins to fee himfelf undervalued, 
 and that it began in himftlf, venture*; hirtifclf into the 
 W ars' with ;5c<;//i»«</ to win honour ; goes with much fplen- 
 dour, but returns with the greateft blot that ever Engli(h King 
 (uflfered, confounded abroad, and flighted at home. For the 
 braveft men by ill fuccefs arc loft in common opinion ; or, to 
 fpeakin a highcrihain,. Where God 'doth not blefs, man will 
 npt. * The King thus alnfV<!>ft aTmihilatcd,catchcs hold <5f Kvtne^ 
 fawns on the Clergy, piffes to them the Ordinances of Arti' 
 cult Cleri, and deprifu bonis Cleri : which loft the Free- men no 
 right, although it concluded the Crown. And tocarefs the 
 Commons made the Statute ^e Vice-comitibM^ and the City of 
 London likewiftiby the Statute de Gatelletto. ' But God 'faw 
 all forts of tttaa run at inot , and feihtJs in uporl the Nation, 
 Flague, Famine, and other extraordinary tcftimonics of hi$ 
 difpleafurc, even to the wondetment of other Nations-, and 
 this brought a kind of fobriety into affairs, made all forts 
 tame, andfor the prefcnt 6nly prepared them for better times. 
 For the King's time of longing again is come, and he muft 
 have new play-fellows i finds the Spemers'm rather was found 
 of them V they grow in honour almoft beyond the reach ot 
 the Nobles, bur not beyond their envy i, and are more fc:ure 
 than GavejioH in this, that in their firft fprouting, the King's 
 Council ferved himfdf and them to keep in with the Com- 
 .3 G g 2 mons 
 
320 The govern- \HeD»^, Edw,i, -tKif/gsaf 
 
 mentoft Edw. 2. \ England, 
 
 mons by making good Laws i fuch as the Statutes at Turl;,, 
 of EfToynsi Attaints of Jurors, Levying of Fines, and E- 
 ftreats into the Exchequer, &e. all of them promifing good 
 government. The Barons neverthelefs liked not the S^en- 
 eers greatnefs, and being by feveral occafions exafperated, 
 jpyn in one, and occafion a new War : the King aided by 
 the Commons (^who yet thought better of the King than of 
 the Barons , whom they faw prejudiced rather out of felf- 
 apprehenfions, than the publick good ) prevailed againrt the 
 Barons, and made them the firft prudent of death upon the 
 Scaffold. 
 
 Now xhe Spencers itt Lords alone, thinking themfelvcs 
 
 above reach of the once formidable Barons, and the Commons 
 
 too inferiour for their refped. Thus lifted up they take a 
 
 flight like that of Icaritf. They had fo much of the King's 
 
 heart, as they could not fpare any part thereof to the Queen^ 
 
 and (he being as loth to fpare fo much for them as they had, 
 
 retired with the Prince to a relief which they brought fron» 
 
 beyond Sea, and with whom both Lords and Commons joym 
 
 The favourites miffing of their wonted wings , come down 
 
 fafter than they afcended, and together with them the King 
 
 himfelf , all of them irrecoverably. Thus favourites inftead 
 
 of Cement between Prince and people, becoming rocks of 
 
 offence , bring ruine fometimes to all, but always to them- 
 
 felves. 
 
 The King fore(aw the ftorm, and thought it fafeft firft to ay 
 truce with the people, and come to agreement with them by 
 Trr.oz'Reg. common confent, for the extent of his prerogative in certain 
 , 7 jidw. i. particular cafes queftionablc •, and this furamed up , become a 
 Statute for future times to be a neplHf ultra between the King 
 Stat. Jc and people. The like agreement likewife was conceirning fer- 
 
 Homag. vices of Tenants to their Lords > and an oath framed to vindi- 
 
 cate them from all encroachments. And fomething was done 
 St.n, Tcm^Ur- to calm the Clergy for the demoU(hing of the Templar-Knights, 
 but the wound was incurable, words are not believed ifa(^ions 
 do not fuccecd \ nor will oaths now made to bind Kings , Bi- 
 fliops, Counfellors of State, Sheriffs, Mayors,BaiHfFs, or Judges 
 
 to 
 
Thi Govern- C Hen. 5 . Ed w. i . 7 Kings of 221 
 
 ment of ^ Edw. 2. S^ngUtrd. 
 
 to Juftice j nor diredions for regulating of Courts, nor Ordi- 
 nances againft falfe moneys and weights, nor all of them fettle 
 the people-, but they adhere to the Queen, burning with jea- 
 loufie againft the King, and both her felf and the Lords with 
 rage againft th^ Spencers. The King flies, and being forfaken 
 of the people, the Lords, the Clergy, his own Son,and the Wife 
 of his own bofom,and of God himfelf, as the moft abfolute 
 abjed that ever fwayed Scepter, loft the fame\ and being made 
 a monument of God's revenge upon inordinate defires in a 
 King, and of the Englifli people, being enraged, not long fur- 
 vivinghis dcmife, he died a death meet to be for ever blotted 
 out of the thoughts of all fubjedts, but to be had in everlafting 
 leinembrance of all Kings. For if a Kingdom or Parliament 
 mlfleads the King, at the worft he is but mifled by his Coun- 
 cil; but if he be drawn afide by favourites, he muft thank his 
 own luft ; in the one he hath but the leaft ftiare in the burthen, 
 in the other he muft bear the whole. 
 
 CHA P. LXV. 
 
 Of the condition of the Nobility of Enghnd , till the 
 time of Edward the thirds 
 
 Now was prerogative mounted up to the fiigheft pitch o» 
 endeavoured fo to be i either through the weaknefs or 
 power of thefe Kings, of whom thefirft and laii had little to 
 ground upon but their own Willi and the other, I mean &/- 
 wjr^ thefirft, had more wifdom and power , but Was other 
 ways diftraaed^byforaign and more urgent employments i 
 fo as the work famted before h came to it's full period The 
 conteft Nvas between the King and Barons, who till thofe davs 
 \yere rather the great and richer fort of nnen , than Peers al- 
 though they alfo were of the number. I am not fo Lxo 
 fightedastoreachtheutmoft intentions of the Lords: but 
 
 theif 
 
The Govern' J Hen. 9. Eclw.1.7 /C/»g/ of 
 mefitof i Edw. 2, S^^g^^»^» 
 
 their pretences arc ot" fuch publick nature, as it's plain that 
 if their private inrereft was wrapped up therein, they wcrein- 
 feparablc : And I fliall never quarrel the Lords aim at private 
 refpec^s , when as its plain the publick was fo inriportantly 
 concerned i and yet I will not }uftihe all that I hnd written 
 M.P.rris. concerning their Words and Actions. The fpeech ot the E. of 
 i^ii. 11Z7. Corww^// to his elder brother, and King Htf;;>*y the third, I wili 
 neither render up my Calile^ nor depart the Kingdom^ but b\< the 
 judgment of the Peers : and of Simon the E. of Leicejier to the 
 fame King, that he lyed^ and were he not a King the Earl wottld 
 make h'm repent hir rpord : and of the Lords, that they would 
 drive the Kin(r out of his Kin^dom^ and eled another ; and c-f the 
 E. Marflial to E^iv^r^^the firit, that he rvoitld neither g.i intoGs^ 
 fcoine nnr hang h and fuch other do favour of paliion (efptcially 
 that of the E. of Leicejier and the Lords) and may feem h^rHi 
 and unmannerly •, and yet may admit of fome allay, if the 
 general rudenefs of the time, the Kings injurious provoca- 
 tions, and the palfions of chojcrick men be weighed together: 
 Yet will not all thcfe trench upon the caufe, nor render the 
 ftate of the Lords too high, or difproportionable to their 
 place in the policy of the Kingdom of England^ as things then 
 itood,! fay, it was not difproportionable i for where the degree 
 of a King was mounting up to fuch a pitch as to be above law, 
 the Lords exceeded not their places in preiling him with their 
 counfels to conform to the laws h and in maintaining that 
 trurt that was repofed in them in keeping off fuch (iniiier couq,' 
 fels and invafions as might violate the laws and liberties, or 
 hinder the current of juftice v concerning which I fhall fliortly 
 flate the cafe, and leave it to the cenfure of others. The go- 
 vernment of the people of this Nation in their original was 
 Democratical mixt with an Ariilocracy fif any credit be to 
 be given to that little light of Hillory that is left unto us from 
 thofe ancient times. ^ Afterwards when they fwarmed from 
 their hive in foreign parts, and came over hither, they came 
 in a warlike manner, under one condu(9:er, whom they called 
 a Kings whofc power, whatever in the war, yet in time of 
 peace was not of that heigth as to rule alone i I mean that 
 • : ' : whereas 
 
 222 
 
The Govern^ ^H^Oi^. Edw.i, y Kings of 223 
 
 mmt of I Edw. a. [.y England, 
 
 whereas the Lords, formerly had the principal executory 
 power of laws fettled in them, they never were abfolurely 
 devcfted of that power by the acccfs of a King i nor was the 
 King ever poffeffed of all that power, nor -was it eVer given to 
 himi buttiie Lords did ever hold that power, the King con- 
 curring with them •> and in cafe the King would not concurr^ 
 the people generally lided with the Lords, and fo in conclu- 
 fion the King fu/fered in tl>e quarrel. From this ground did 
 arife from time to time the wanderings of the people in elc6t- 
 ing and depollng iheir Kings during the Saxon times. Nor 
 did nor could the Nqriiian f^////-iw/ (hake olf this copartnet- 
 fhip, but were many times, as well as other enfuing Princes, 
 perfwadedagainfi:. their own minds and plotted delircs. Nor 
 can it otherways beiuppofed where Councils are fettled s for 
 whereto fcrvetVity, if (notwithftanding them) the King:. 
 may go the way of his inordinate defire ? If the Lords then didh 
 appear againrt thefe Kings whereof we treat, in cafes where? 
 they appeared againft the laws and liberties of the people \ it 
 wasneitlKr new, norfo heinous as its noifed, for them who 
 are. equally, if not more entrufted with the Common- wealth, 
 than the King (by how much.the Counfellors are trufted more 
 than the Counfellcd) to be true, for the maintenance of their 
 truft in cafe the King (hall defert his. But the greater quefiion 
 is concerning the manner by tlireats and war. Its as proba- 
 ble, I grant^tha,t the Lords ufcd the one as the other, for it 
 was the common vice of the times to be rugged s yet if 
 wc fliall add to what hath been already faid, hr(\, that Knight- 
 fervice was for the defence of the Kingdom principally. Se- 
 condly, that the greateft power of Knight-fervice refted with 
 the Lords, not only in propriety and owncr(hip, but in point 
 of diredion for the benefit of the Comii:ionwealth \ and Ia(ily, 
 that the (late of the times now was fuchasthe Kingdom was 
 oppreiTed by ftrangers Counfels, and the Counlcls of the King- 
 dom rejeded i, that infl;ead of law, Garifonsof ftrangers rul- 
 ed i that no man could own his own, that the fubjc(^s were 
 looked upon as enemies \ and of all this the King made the 
 principal inftrument, who fead ruled and over ruled in this 
 
 manner 
 
2 34 The Goverpt-QHcn'S' Edw. 1. 1 Kings of 
 
 went of '^ Edw. 2. ^England, 
 
 manner, and fo was refolved to continue \ I fhall leave it to the 
 better judgement of others what other healing plaifter was to be 
 had for fuch a fore. Albeit it cannot be denyed,that more due 
 refpeds might have been t^idred to Kingly dignity th5n was in 
 thofe times pradifed : And yet there was a difference alfo in 
 theoccafionsof War, for certainly that laft War with "Ed- 
 tvardxht fecond was more fatal, and yet lefs warrantable i 
 and in the iffue declared that there was more of the Queen 
 therein than of the Lords, who knew a way of removing fa- 
 vourites from the King , without removing the King from 
 the Kingdom, or driving him out of the World. In all which 
 nevcrthelcfs it cannot be concluded that the Lords party, was 
 encreafed more than in the former Kings times i for the lofe 
 of the field in Henry the thirds time againft the Prince , kept 
 them in awe all the fucceeding reign (although they were not 
 then tongue-tyed) and their (econd lofs againlt Edtvard the 
 fecond, which was yet more (harp, queftionlefs quelled their 
 fpirits (although they lolt no right thereby) and encreafed 
 the King's party much by the accefs to the Crown of the fer- 
 vices of fuch as held of thofe Lords that were attainted or 
 difinheritcd; And yet by a hidden providence the King was 
 little the better when it came to the pinch i for when Edivard 
 the fecond 's ^ecn came from beyond the Seas, though with 
 butafmall force,all forfake the Kingi neither regarding the 
 former terrour of the Army of a King, nor the right or fervice, 
 nor oath of fealty, nor promifes, nor Laws, nor other engage- 
 ments i and fo the King becomes a prey to an enraged woman, 
 or which is worfe to a jealous Wife : fo little can the name of 
 a King do, when his perfon is defpifed « and fo vain for him 
 to trulUn his Militia, that hath already difarmed himfelf of 
 the hearts of his Subjeds. The fum then of all the labours 
 of the Nobles during thefe times will reft in this , that they 
 won riieday,and yet loft the field: although they loft their own 
 bloods and eftates,yet they faved all to the people,and left Laws 
 in force, ableto debate with prerogative in the hand of any 
 King that ftiould fucceed. Thus ftood the matter in fad upon 
 fuch grounds as it had, the validity whereof it's not my work 
 
 to 
 
» - I - 
 
 The goverfi' rUen.^, Edw. i.^Kingf of 225 
 
 f^e»t of I Edw. 2. f England, 
 
 toc^nfure neither by the ballance of Law or Gofpel, but leave 
 it as a fore time, that fcarcc will endure touch i nor bear a 
 King further thdn he was good or brave. 
 
 GHAp. LXVr. 
 
 of the Jiafe of the EngliJJj Clergy until the time of Ed- 
 ward the third : and herein concerning the Statute of 
 GirciimfpefteagatiSjArticuli Cleric, and of general 
 Councils andNational Synods, 
 
 TT was a time of much adion throughout the whole Chrifti- 
 an State* zwAKome now having attained to it's full glory, 
 began to be eyed on all parts, as an irregular motion eroding 
 all affairs, that it may like the fole Emprefs command all , and 
 be controlled by none i and this wrought fome (lirrings in 
 Fr^«cf, complainings in England^znd facing between the Em- ^ p • 
 perour and the Pope. How chargeable this was to the Pope's ^ '^"'^^ 
 Treafury it's not material, but it occafioned or was pre- ^^ 
 tended to be the occafion of all the intolerable exadions en- 
 fuing i there being fcarce one year palTed over without fome 
 extraordinary cxad-ionlevyed upon the Church- men, either 
 by provifors, tenths, procurations, levies for the Holy War 
 Qiiindizmes, benevolences, or other fuch like^ and where 
 money was not to be had, by levies of Ornaments , or of rich 
 apparel i by intimation, begging, perfwading, commanding, 
 threatning, and in this courfe continuii^g till they had out- 
 faced fliame it felf, and that the whole Law oi Rome became 
 comprehended in this one, ^icquid libet licet. In general 
 therefore the Church of Kowf cannot be faid to thrive during 
 thcfe extorting times, although Kome didifor if the Laity were 
 pillaged by the King , the Clergy much more both by Pope 
 and King: if the one complained, the other cryed i the one 
 fometimes found relief from the King, but the other was 
 helplefs, for the Pope had no ears to hear, nor the King hands M.Pjv,< 
 
 Hh Co ' 
 
226 ^ The gpverm^ yR^n.^. "^.dw.l.l Kings of 
 
 msftfofL Edw>2. yEtigland' 
 
 to help i he neither durft nor would crofs the Pope, although 
 the Clergy told hin\ that by thefe cxadtions they were impo- 
 verifhed in fuch manner as they were difabled to do him fervicc 
 for their Lay-fees. Thus T\ome becomes a burthen to 'Rome^ and 
 the members weary of bearing their head. Hereafter muft the 
 Pope beware of falling out with Rings, for the Engii(h Clergy 
 now, though late, fee that all is not Gold that gliders i nor is it 
 any great privilege to be the Pope's men further than the Pope 
 will be a good mafter, but this was not to be cxpedled •, Popes 
 were grown fo excellent, as they could not amend : and E;7g- 
 land (o enamoured of them, as it's become their vere hortus de- 
 JM, Paris, liciarum^ as the Pope called it, when he faw the rich veftments 
 of the Englifli Church-men : And therefore they mud novv be 
 contented to be the Pope's viands as often as his hungry maw 
 doth cal], or other wife they muft fall out. An excellent po- 
 ftureof affairs, and biave preparative to difpofe the hearts of 
 all forts for entertainment of the eafie yoke of Chrift's govern- 
 ment, which v^as now at the door, and ready to be revealed. 
 Neverthelefs, poor and mean as the Clergy was, they had cou- 
 rage enough not only to ftickle both with King and people for 
 their own liberties, but alfo to invade the liberties both of the 
 Crown and Commons, having this advantage^that they had fo 
 da with a King and people that were two, and themfclves well 
 fccondcd by the Pope, that had no lefs power in thofe times of 
 publick diftradlion, and was bound to ferve the Cattel well that 
 ^ J"^^"* yeilded him fo much milk. The particular matters of debate 
 Vid"<JiJdl' '^^y appear in their paper of grievances compofed m Henry the 
 Bamwu^fi- third's time, and their refolutions thereupon i their complaints 
 ;w/. 130^. were renewed again in the time of Edward the firrt f if we may 
 give credit to Z>^r<7;/i«^) after the Statute of c'trcHmfpelie agatis. 
 To the end therefore that the whole may lie before us. I fhall 
 fct down the matter or fubftancc of both thefe papers feverally 
 in regard they found much alike, and note the difference i all 
 which I fliall do to the end that it may more plainly appear 
 what the Church- mens Idea was, and how far the common 
 Law and King's prerogative would ^gree thereto, 
 
 the 
 
The govern- ^l^en.^.'Edw. in KifJgs of 227 
 
 me»t rfl Edw. 2. S England, 
 
 "the complaints are of ibis nature, 
 
 I, That the Church- poffcllions in their vacancies are wafted, 
 and that Efcheators do not only feife the perfonal eftate of the 
 Abbot or Prior dcceafed, butfuch Corn in the Barn, and other 
 goods be-Ionging to the houfes, for their maintenance i as alfo 
 the profits of Churches impropriate, 
 
 3, & 4, & 5. Eledions are either difturbed by the King's 
 Letters preceding, or by delay of the Royal aflent fubfequent 
 to the faid ekdions. 
 
 6. The Lay-power without the advice of the Clergy do put 
 in, ejei^ij or reftore incumbents to Benefices void. 
 
 7. Prelates are fummoned to anfwer to the Lay-power in 
 the Writs ^are excommunicavit^ and ^are nan admifit. 
 
 8. Clerks are diftrained in their Lay- fees, to anfwer before 
 the Lay.pQwer in Adion of Debts, Trefpafs, or other perfonal 
 Adions4 and ia cafe they have no Lay- fees, the Ordinary is 
 diftrained by his Barony to caufe the Clerk to appear. 
 
 p. The Laity are forbidden to take oath, or to inform upon 
 oath before the Prelates, and to obey the Prelates commands in 
 fuch cafes. 
 
 10. Perfons taken and imprifoned upon excommunication 
 are ordinarily difmifl: without fatisfadion to the Prelate i and 
 fomctlmes are not taken by the Sheriff , notwithftanding the 
 King's Writ j and as well the King as his Officers do ordinarily 1 2. 
 communicate with fuch as arc excommunicated, andlikewife &33. 
 command others to communicate with them. 12, 
 
 14* Clerks imprifoned for Felony arercfufed to be delivered 
 to the Ordinary, unlefs upon fecurity to appear befor the Juftl- 
 ces in Oyer^ and fometimes are hanged before their Ordinary can 
 derpand them, and fometimes their heads are all fliaven that ,^^ 
 they may not appear to be Clerks. 
 
 16. Juftices/i//j^>*<««f do imprifcn Clerks defamed for Felo- 
 ny, or otljcr wife q^t-k>¥.the«si if they do not appear*. Ando- 
 therwife proceed iag,aipft Clerks after their purgation before' the .c 
 Ordinary. ^7» 
 
 1%, The Lay-power ffiifes'Hpon the efiates of Clerks degra- 
 
 -i-i .:.i0.i>s Hh 2 . ip. Clergy 
 
 II. 
 
228 The govern- lHen.5.'Edw.i.| Kings of 
 
 ment of I Edw. 2. \ England, 
 
 1 p. Clergy arc compelled to anfwer and give fatisfadkion for 
 
 20. oifencesagainfi the Foreft-Laws before the Lay- power: And 
 
 21. in cafe of default, the Bifliop by diftrefs is compelled to order 
 f^tisfadtion, as well in fuch cafes> as in perfonal Actions. 
 
 22. Privileges of Sanduary are invaded by force, 
 
 23. Executors of Billiopsare hindred from adminiftring 
 the elUte without licenfe firft obtained from the King. 
 
 24. The King's Tenants goods are feifed after their deceafe 
 by the King's Bayliffs. 
 
 2 5. Intellates goods are feifed by their Lords , and their 
 Ordinary hindred from adminiftration. 
 
 26. The King's prohibition pafleth in cafe of Tythes and 
 Chappcls. 
 
 27. The like in cafes of troth-plight,perjuryj cerage, heriet, 
 cr other Church-duties,as money for reparations of Churches, 
 
 g and fences m Church-yards, pecuniary puni(hment for Adul- 
 
 tery, and cofts of fuit in Ecclefiaftical court, facrilege, excom- 
 ^ ' munication for breach of the liberties of the Church, contrary 
 ^' to the grand Charter. 
 
 30. In cafes of prohibition if the Eccleliaftical Judge pro- 
 ceed contrary to the fame, he is attached and compelled to (hew 
 his Ads in Court i if the Lay Judge determine the caufe to be 
 Temporal, the Ecclefiartical Judge is amerced , if he proceed 
 againft the prohibition, and it's tryed by witnelTes of two ri- 
 baulds ; and in cafe it be found for the Eccleliaftical Judges 
 31. cognifance, yet there is no cofts allowed for fuch vexation. 
 
 32. That Jews in matters Eccleliaftical aforefaid are by the 
 King's prohibition drawn from the Ecclefiaftical Judge unto 
 the Lay-Magiftrate- 
 
 34- Queftion about Lands given in Frankalmoin, are tryed 
 
 ' - in the Lay-Courts i and by reafon of fucKTenure, the owners' 
 
 ^6, though Clergy-men, are compelled to do fuit at the Lay- 
 
 J Courts, and are charged with impofitions , and are diftrained" 
 
 '^^* hereunto, although the Lord have other Land of the Donor 
 
 in Frankalmoin fubjed to his diftrefs. 
 
 3p.. Prelates, fummoned to higher Courts, are not allowed to 
 make attorneys to appear for them in the inferiour civil Courts. 
 
 A I. Grantees 
 
Tke Goverft'^Uen.%. Edw, i.^Kiftgi of 329 
 
 Ment of ^ Edw. 2. ^Eftglattclr 
 
 41. Grantees of murage, or other unwonted inipofitions 
 compel the Church-men to pay the fame. 
 
 42, & 43. The Clergy are charged with Quarter, Cart-fer- 
 vice, and purveying. 
 
 44. The Chancery fendeth out new Writs contrary to the 
 liberties of the Church, and the Law of the Land, without the 
 alTcnt of the Council of the Kingdom , Princes and Pre- 
 lates. 
 
 45. The King doth compel the Clergy to benevolences to 
 the King at his voyage into Foraign parts. 
 
 46. Amercements granted to Clergy-men are turned into 
 fines by the Juftices, and by them taken. 
 
 47. Clergy- men are fined for want of appearance before the 
 Juftices itinerant^ and of the Forefi upon common fummons. 
 
 48. ^uo rvarrantoes granted againft the Clergy for their li- 
 berties, and the fame feifed,unlefs they befet down in exprefs 
 words in their Charter, not withftanding that by long cufiom 4p. 
 they have enjoyed the fame, and many times contrary to ex-' 50. 
 prefs grant. 
 
 This is the fum of their paper of grievances •, and bccaufc 
 they found the King either wilful or unconftant, they rcfolve 
 upon a remedy of their own, by excommunication and inter- 
 didion, not fparing the perfons of any principal or acceiTory, 
 nor their Lands, no not of the King himfelfi and for this 
 they joyn all as one man : Now what fcare this made I know 
 not, but Henry the third in the Stat, of Marlb.znd Edtvard the 
 firlHn his Stat, at frf/^wzw/f^r, and other Statutes: the firft 
 fpake fair, and feemed to redrefs fome of thefe complaints : as 
 alfodid Edward the fecond, and yet the Common Law loft lit- 
 tle ground thereby. 
 
 That which Henry the third did befides his promifes of re- 
 forming, was done in the Stat, of Marlbridge, 
 
 The fuccejfors of Abbot s^ Priors^ and Prelates^ &c. 
 JIjaU.we an A&ion of Trefpafx for Trefpajfes dme nigh ^''^^'''- '^' 
 before the death of their Predecejfon^ upon the ejiates of 
 
 . their 
 
220 The Govern- ^Uen.:^. Edw.i.'i K/t/gs of 
 
 MentofL Edw. 2. J^^i^^^d. 
 
 their Corporations. And JlJall proficute an A&ion begun 
 by their PrccleceJJors. And alfo JI}aU have an Ajjize a* 
 gafnji intruders into any of the popjftons belonging to 
 -the faid Corporations whereof their Predecejjbrs died 
 feifed. 
 
 This might feem a remecly provided againft the firft malady 
 complained of, and queftionlefs bound all but the King-, and 
 fo might perchance abate ron:)^what the edge of that Article. 
 But it being the Clergies reach to grow rich, and the Pope's 
 cunning to help on that worl?, that they might be as (lores for 
 fupply of his Treafury > and had forbidden Abbots and other 
 Prelates, 6^c. the liberty of difpoiing their cflates by laft Will. 
 Kings therefore as fupreme patrons to thefe bodies in their va- 
 cancies ufed to feife all the Eftates of the Prelates, with the 
 Temporalties to their own ufc, as well to prcferve the riches of 
 the Kingdom -to it felf, and the polTeilions of fuch Corporati- 
 ons from fpoil, as to be a cloke of their own covetoufneis. And 
 under the Eftates of the Prelates,or heads of thefe Corporations, 
 all the Goods and Chattels belonging to the faid Corporations 
 hts.^hhci-i were comprehended, in regard that all was by Law adjudged 
 to be in the fole poffeflion of fuch head, and without whom all 
 the rtrt were accounted but as dead perfons. 
 
 Marihr. CIO "No Clergy- man is bound to attend at the Sheriff's 
 Turn. 
 
 William the Conquerour firft exempted the perfons of the 
 GhfT. p 4 1 S Clergy from attendance upon Temporal Courts » yet they were 
 UHcnA.c.ii mil urged thereto, and cfpecially by a Law in Henry the firft 's 
 time j but by this Law they are difcharged,and in fome meafure 
 a provifion mad^ againft the grievance in the 39*/^ Article 
 before- mentioned. Thefe amends we find made to the Clergy 
 by Benry the third, beildes his confirming the grand Charter: 
 And his Son "Edward the firft parfued the fame courfe, efpeci- 
 ally in his firft times, when he was but tenderly rooted ; as may 
 appear in the Statute of ^^i?. I. 
 
 Clergr 
 
The Govern- ^Hen.^, Edw,i. ^Kiffgt of 231 
 
 went cf c Edw. 2. . 3 Etfgland, 
 
 Clergy- men nor their Houfes fjall be charged with jycjli.cjp. i, 
 ^artery nor their Goods rrith purveyance or Cai^-fcr- 
 vJce^ under peril of im^rijonmcnt and damages by a&i- 
 on or imprifonmcnt. 
 
 « 
 
 The great endowments of Lands, Rents, and Revenues gi- 
 ven to the Church-men by the Laity was for the maintenance 
 of Hofpitality and works of Charity. The founders and bene- 
 ■fadors hereby obtained a right of corody or entertainment at 
 fuch places, in nature of free quarter, which in the neceifitous 
 times 0^ Henry the third became fo common, that every one that 
 had powernever qucftioned right, and the King above all the 
 reft i by means whereof the Church Revenues were exceeding- 
 ly wafted; for remedy whereof all offenders are by this Statute 
 made liable to Hne and imprifonment, and double damages in 
 cafe of Adtion of Trefpafs ■-> the King only excepted, againft 
 whom they had no defence, but would rather have won him 
 to have been their defence againft the exadions from Kome that 
 continually plagued them. 
 
 A Ckrk^taken upon Felony^ being demanded ^ Jljall be 
 delivered to the Ordinary 5 but being indi&cd^jl)all not ^'''^" ^- ^-^^^' 
 be difwijfed by the Ordinary without due purgation. 
 
 With due refpeds to the judgement of thofe grave and ho- 
 nourable perfons of the Law, it feemerh to me that before the q^,^ j, -^n-^ 
 making hereof, the ufe was,(hat if a Clerk was defamed, or 1/4.' * 
 appealed by an offender for Felony, before convidlion he was 5ww/. 13c, 
 forthwith imprifonedi nor could he be delivered unto the 
 Ordinary upon demand before inqucft taken , unlefs upon 
 fufficient fecurity to endure the Tryal before the Judges itine' 
 rant-, which thing was not eafie to be had for a Clerk, as 
 times then were. This Law therefore was made in favour of 
 the Clergy, who required that fuch as were Clerici mti & ho- 
 w?/fi fiiould forthwith upon their apprehending be fent unto 
 
 their Ordinary, and thofe which were vaai & imozniti Hiould ar-o ■ j 
 J 1 I 1 !• 1 I -lit , 9 ,. J/ti.rarti ad- 
 
 upon demand be delivered to be judged by their Ordinary j.v.y^. i^, 
 
 freely, and non expeUatis JnjViciariis qmbufcunqite : Such wan- 20^, 207. 
 
 dring 
 
 2C0, 
 
23? TkeGovern-^Hcn.^* Edw. 1. 1 Kings of 
 
 went of ^ Edw, 2. ^England* 
 
 dring Clerks therefore the Clergy will have delivered before in- 
 quilitionif demand be made: Neverthelefs bccaufe thelndid- 
 mentpaflfedmany times before the demand came, (for by the 
 15. Article of tlie Clergies complainrs foregoing, it appears 
 that the Lay- Judge made more than ordinary fpeed, for fear of 
 ftop.) Tiiis Law provided that fuch alfo (hould be delivered 
 to their Ordinary,3nd that due purgation (hould pafs before the 
 party were delivered i and in cafe the Ordinary negleded his 
 duty herein, he was liable to a fine or amercement. Thus is 
 Briton.A-fo. 1 1 ^^'^'^^ fo be underftood in this point > whereas Bracion fpeaking 
 of fuch as are convided, affirmeth, that if demand be made of 
 Brjcim, Ub.^. fuch as are not indided (for of fuch he fpeaketh^they ought to 
 fo. 113. be delivered without indidraent : I fuppofe he meaneth by the 
 
 Church-Law, for till this Statute the Temporal Judges pradice 
 was otherwife, as appeareth by the 14. Article of the Clergies 
 complaint foregoing-, and fo by this Law, the 14. and 15. Ar- 
 ticles of the Clergies complaint are anfwered, 
 
 M' n Dijiurbers of the Freedom of Ele&iotis fined. 
 
 With fubmi/Iion to the judgement of others, I fuppofe that 
 this was framed principally for the fatisfadion of the Clergies 
 complaints in the third, fourth, and fifth Articles foregoing ; 
 and I am the rather reduced hereto, becaufe as touching eledi- 
 ons into Temporal places of government, feveral Laws are e- 
 fpecially framedjfuch as are eledions of Sheriffs, and Coroners, 
 whereof the one is IVe^, i . cap. 10. the other Artie, fuper Cart, 
 cap, 1.0. and no Law is efpecially made as touching the eledi- 
 ons of the Clergy, if not this. 
 
 Ordinaries having the Goods of the iniejiute fljall an' 
 7f. i. c. 1 p. ftper his Debts. 
 
 Originally the goods of th^ inteftate pafTed by a kind of 
 defcent to the children : afterward by a Saxon Law, the Wife 
 had her parti and this continued all the Normans time.But now 
 the firengthof the Canon-Law growing to it's full pitch, after 
 . a long chafe attached the prey.In Henry the firft's time they.had 
 
 gotten 
 
The gover/i' jHcn.^. Edw. i. i Kings of 235 
 
 mentof I Edw. 2. ^ Efjgland. 
 
 gotten a lalie, for although the ' ife and Children, or next of 
 kin, had then the pofTdlion, yet ir was for the good of the (oul 
 of the deccafed i and the Ordinary had a dir;.(Sing power 
 therein, and lo was in the nature of an Ovcrf er, and fomewhat 
 more. Afte» wards. i»; the innc ci King Jjhn^ the Clergy had 
 drawn blood : for though the;po{Iell:or. vvas as formerly , yet 
 tl;c dividend muli be made in the Vicw of the Church ■-, and by 
 this means the dividers were but meer inltruments , and the 
 right was vanilncd into the clouds , cr as the Lawyers term it 
 in Abeyance. But in Henry iht third's time the Clergy had 
 not only gotten the game but gorged it ; both right and pof- 
 fellion was now become theirs, and wrong done to none but 
 the clouds. This was not well digeikd, before Edward the firft 
 recovered part of the morfel i and by this Law declared the 
 uft to be for the benetit of the decealed : and thus the one was ^ 
 fatistied iij having what he ufed not, the other in ufing what he 
 had not. 
 
 But thefe are but gleanings , the Law of CircumfpeCie agatis 
 brings in a Load at once : For the Clergy being vexed with the 
 paflingof the Stat, of Mor/wj/w (whereof hereafter when we 
 cometofpeak of the Clergies loiTes) they make grievous 
 complaints of wrongs done to their privileges-, and aftdr 
 
 'lijc years the King is at length won i and. paffed a writing ^ntiq. Bnt. 
 fomewhat like a grant of liberties, which before times were in 194. 
 controverlie ; and this grant, if it may be fo called, hath by 
 
 ^continuance ufurped the name of a Statute > but in it's own na- 
 ture is no other than ajWriC directed to the Judges,in fubllance 
 as folio weth; i-n^j.t :u o; fb:i.n ii >i .011 /i^^'on/ir/u.m 01 ?i 
 
 ' Tahe good heed that jdH ddm pk'k^Jb Uf^'' ^ifiop' (JfCir'^umf^e^t 
 Norwich ind his Clergy^ ?//^'7 hddpkaitf Court Chri- agatv, 
 
 \IHan of things meerly fpiyitual : for in fhch cafes ihe 
 Ecclefiaflical Judge hath cognija^cc^ notwithjiand/ng 
 theKitJg^sfrohihition. 
 
 It's tlierefore neither grant nor releafe , but as it were a co- 
 venant, that the Clergy fliall hold peaceable poflelfion of what 
 they had, upon this ground, tiiat the King's prohibition hath 
 
 -, . . I * no 
 
254 The goverfi' ^Hen.:^- Edw.i. 7Ki»gf of 
 
 OrcumfpVie no place in fuch things as are meerly fpiritual. So as hereby 
 agatis, the Clergy got a judgennent againft the L rown by confeffion, 
 
 and an eftopeK upon this maxim that fpiritual things belong to 
 fpiritual men, into which rank the King's perfon cannot comei 
 thus thought they, but what are fpiritual caufts, and why fo 
 called > are they fuch as concern fpiritual perfons, and things? 
 this was the old way ; mark? but if we bring into this Catego- 
 ry, Adultery ,Fornication, Inceft^ c5^c. we (hall marr all, Lin- 
 fvood tells us that mere fpiritualia are fuch as are fme tnixtura 
 temporalium: there may be fomewhat in this, though I cannot 
 find its nor can I make out the fence of the term any other 
 way, but to limit it to fuch things which by common cuftom 
 the Eccleliaftical Judge had cognifanceof: for otherwife nei- 
 ther King nor Law ever intended it to be expounded by the 
 * Canon, nor was it the intent of this Writ , Law, or Li.cenfc, 
 
 (call it what you will) thus to conclude, as the particiilars ,fol^ 
 lowing will manifeft. ». .:f|^.i'^'* 
 
 Fornication^ Adultery^ and fuch tiks^ pHniJfjedfome' 
 ■ times upon the body ^ and fometimes upon the purfe, 
 
 Thefe crimes the Saxons puniflied by the Temporal power,as 
 I have already (hewed. The Normans continued this courfe, 
 LKGulieJm. if we may believe the Conquerour*s Laws, which gave the tine 
 cap. 14, ip, in fuch cafes to the Lord of the delinquent. And it is con- 
 371' fc(red, that Henry the firft and the fecond continued it (as the 
 
 Clergies own complaint, jurt or unjuft doth witnefs.) And 
 what courfe was hold en in the titne of King Steven and John^ 
 is to me unknown, nor is it much to be regarded , -(ebing tlk 
 M. J'arif aJ' latter did he cared not what, and the former to gain the good 
 Mt.fo. 101. vvill of the Clergy regarded not what he did. The cultom 
 ^''^ ^^- therefore cannot be made good for the Clergy, much Icfs to 
 
 puniHi the bodies of Free-men in fuch cafes, it being contrary 
 to the grand Charter ■•> never asked by the Clergy form£r]y,nor 
 no complaint before now for denyal : for my part therefore I 
 fliall not apprehend it of a higher nature than the King's Writ, 
 which in thofc days went forth at random, if the ^^th. Article 
 of the Clergies complaints foregoing be true. It being fo con- 
 trary 
 
The goverfJr ^^Gn.^» Edw.i^lKrrgs of 235 
 
 fftevt efi Edw. 2. y Etigland, 
 
 trary to the common fence of Parliament to give the bodies oi Circumfpeae 
 the Free-men to the will of the Clergy, to whom they would agatii* 
 not fubmit their Free-holds. But the Writ .pioKeeds in enu- 
 meration of particulars. /. ^' ! :?'""' 
 
 Reparations and a darnings of Churches and Fences 
 of Church'yards, Violence done to a Clerk-, Defawation 
 to reform^ not to give damage. Vcrjitry, oblatians^paj/' 
 menis of Tythes between ReGfor and rariJJ)ioner : Right 
 cfTythcs between two Re&ors to a fourth part of the \ 
 value : Alortuarics due by cufiom : A penjion from a 
 Re&or to a Tr elate or Advocate. 
 
 The moft of which were under the power of a prohibition 
 in the time of Henry the third, who was King but yefterday, as^ 
 the Ariiclcs of complaint formerly fet down do manifefh Nor 
 had the Clergy ever better Title thin connivance of fome fuch 
 favourites as King Steven^ whofe A(3:s may peradventure be 
 urged againil Kings, but not againft the people, unlefs their 
 own adi; can be produced to warrant it. The learning in the 
 Princes cafe will(I fuppofc)admit of adiiVercncc:for it can never CokeUb. 8. 
 be made out, that the King's Council in Parliament was the 
 MagHHtn concilium Kegni^ but only the Houfe of Lords '•, and 
 therefore whatever palTed in Parliament by their only advice 
 might bind the King , but could never reach the Commons 
 nor their Liberties. And thus the grand Charter in the firft 
 conception was conclulive to the King but was not the adi of 
 the Parliament , bccaufe the Parliament cannot grant a 
 Charter to it fclf of that which was originally cuftom. 
 And therefore this Law, however countenanced, can never 
 be concluded to be other than a. permillion v not only be- 
 caufeit was never the Adl of the Commons of England^ but 
 becaufeit's contrary to the liberty of the Free- men ■•» and it's 
 beyond all imagination, that the Commons (hould out them- 
 felves from the protedion of the Common Law, and yoke 
 themfclves, their Free- holds, and eliatcs under the bondage of 
 the Canons i nor ought fuch a conftrudtion to be admitted 
 without exprefs words to warrant it. As for the concluiion, 
 
 li 2 it 
 
236 The govern- \Hea.^, Edw,i.iKiP2gs of 
 
 ment of I Edw. 2. 5 England, 
 
 it ismuch worfe,and not only diflionourable to the King in 
 binding his Arms from proteding his Subjeds by the Common 
 Laws, and fo in fome refpeds making them Outlaws : but 
 difnonourable to it felf, whilft it makes prohibitions grounded 
 upon Laws to be nullities by a late trick of non objiante^ which 
 was lirft taken up by the Pope, then by Henry the third , and 
 by this King granted to the Clergy ; and thus are all fet at li- 
 berty from any rule but that . of licentioufnefs. Neverthelefs, 
 this Law did thrive accordingly, for we find (carce any foorrteps 
 in Story of any regard had thereof till it became gray-headedi 
 For it was not long e're the King Itood in need of money, and 
 was necelfitated to try the good wills of the Clergy more than 
 once .: this occafioned them to be flow in anfwer, and in con- 
 ^^»t'iq.Brh. clufion to deny that they fliould aid the King with any rriore 
 iit.Vunchcliy- money, Tapa imonfulto. The King hereupon difavows the 
 Clergy, and leaves them to the Romifh oppreflions, which 
 were many > and then the Clergy rub up all old fores, and ex- 
 j, hibit their complaints to their holy Father, to this effedt ; 
 
 ^ I . T'hat the King's JujUces intermeddle mlejlamentary cattfer^ 
 
 accounts of Executors^ and cognifance of Tythes , efpeciaJly to the 
 fourth part of the Living. 
 
 2 . Ihat the Clergy ivere charged to thv King^s carriages, "that 
 the King's Mills were difcharged from paying of Jytbes. 'that 
 Clerks attending on the Exchequer^ were necefjitated to mn-refu 
 demy. And that after their deceafe^ their goods were feifed till 
 their accounts were made, Ihat Ecclefiaiiical poJJ'ejJioKS were 
 wajied during vacancies. 
 
 3. "That Clerkj were admitted to free Chappels hy Lay- men. 
 
 4. 'that the King's Ju(iices took^ cognifance of Vfury^ Defama- 
 tion^ violence done to Clerkj^ Sacrilege^ Oblations^ Fences of the 
 Church-yards and Mortuaries^ 
 
 5. Ihat prohibitions are granted without furmife. 
 
 6.7hat Clerks are called to anfwer in the Kinj^s Court for crimes^ 
 . and bein^ acquitted^ the informers efcape without penalty, 
 7. that Clerks are not ahwed their Clergy. 
 
 8. that 
 
The Govern ^Hen.:^. Edw. i.'?Kifjgs of 257 
 
 tftent of 2 Edw. 2. ^Etjgland, 
 
 8. 'that after purgation piade^Clerkj are qHciiioned in the 
 King's Court for the J ante offence, 
 
 p. "that perfons in Sanduary are therein befieged, 
 
 10. !/:'<«* ^/jf^^r/'deCautioneadmittenda iffuetb forth^al- 
 thoHuh the Church be not fatisfied^ and exajmrnunicate perfons be- 
 ing imprif 'ted^ are enlarged in like manner . 
 
 1 1 . ^hat Vebtf between Clerkj due^ are determined in the tem- 
 poral Courts, 
 
 1 2 . 'that Bi(f.wps are compelled by Dijlrefs to caufe Clerkj to 
 appear in Lay -Courts tvithout caufe, 
 
 13. That the Church lofeth it'^s right by the ceafmg of Kent or 
 penfwn by the fpaceof trvo year si 
 
 14. ^bat Nuns are compelled to fue in the Lay Courts for 
 their right in pojfejjions^ befalling by deceafe of their kjnred. 
 
 15. "that Churches are deprived of their privileges till they Jljew 
 Qao warranto they hold them, 
 
 16. Ihat Ecclefialiical Judges are jhpped in their proceedings 
 by Sheriffs and great men. 
 
 1 7. 'That Bijijops refufal of Clerkj prefented are examined in 
 the Lay- Courts. 
 
 1 8. "that Patrons ef Religious Hoitfes^ do opprefs them by ex- 
 treme Quarter. 
 
 1 ^. That Bigamy and Bajlardy are iryed in Lay-Courts. 
 
 20. That the King fitffers his Livings to be vacant far many 
 years, 
 
 2 1 . That the Clergy are wronged by the Statute ef Mortmain, 
 
 Here's all, and more thin all that's true V and more than e- 
 nough, to let the Reader fee that the Writ Circumfpe^e agatis^ 
 was but a face put on for the prefenr, after laid afide, and the 
 Clergy left to the bare Canon. They likcwife fliew what the 
 Clergy aimed at : and in that they did not obtain was to be 
 attributed to the rcfolution of tiK- Laity, and not to any ncgledi- 
 in themfelvesi for the Arch-Bilhopdied in the fervice , and '-^'''■7 ^'''» 
 it's thought that grief for thefc matters was no little caufe there- 
 of. Buc the times within a while grew troublefome, and the 
 King in purfuit of the French Wars, being unadvifcd in * 
 
 his 
 
298 The Goverft' jUen.^. Edw.i.lKwgs of 
 
 ment of i Edw. 2. SEngUfid, 
 
 Artkuli in his way angred the people by his arbitrary levies of men and 
 
 Ckri, money, as it brought forth a State- fcoiil, little inferiour to a 
 
 quarrel. And to pacifie th- Clergy, he granted them the Writ 
 
 ,Sut ckconfuJ- de confuhationehahenda \n all mairirr.c^nial and teftamcntary 
 
 tat.iKL:i. cafes, which were of their lealt doubted piivilegcsi and this 
 
 qualihed the firft Article of complaint next foregoing, if fuch 
 
 caufe they had of complaint \ and this was all that the Clergy 
 
 got at EdipardthQ firft's hands. Edward the fecond was a man 
 
 that was neither well affcded to Kome^nox weak in fpirit, and 
 
 yet fo unhappy that his way neither promifed good fuccefs.nor 
 
 ever had it i and fo he becamiC a fervant unto the" humours of 
 
 his fervants, to keep his head above water •, but cfpecially after 
 
 he was chafed by the Scots, and quite out of breath, he calls for 
 
 help of all, but firii of the Clergy, and bcfpeaks them with 
 
 the Ordinance of ArttcuU Cleri ■■, wherein he gives fomc fatif- 
 
 fadion to the complaints formerly mentioned, which it feems 
 
 by Baronm^ were exhibited in Parliament 
 
 Ecclejiajiical cognjfance extendeth unto Tythis^ OhLi- 
 cap. T. trons^ and Mortuaries^ and to pecuniary recompcnce. 
 
 In the firft times^negled or denyal of Church- duties , was 
 
 punilhed in the King's Court by tine. Afterwards the Bifhop 
 
 was joyned in that work, and the Tythable goods werefeifedi 
 
 Ll^l^ed. gjgj^j p^j.jj whereof were taken to the Lords and the Bifliops 
 
 7 /ijw c 6 "^^ ^y moyeties \ a ninth part left to the owner, • and the tenth 
 
 U.Canut.c'.%. to the Church i nor had the Bifhops any peculiar Courts of 
 
 cognifanceof caufestill the times of the Normans j nor as yet 
 
 in thofe times had they power to all intents \ for though it 
 be true, that the Roman Tribute of Pff^r-pence was allowed by 
 U GuJ^o c the Conquerour's Law to the BiOiop's Court, ydt we find no 
 SpiciLMo ^' Law for Tythes and other prohts to be recovered by the Eccle- 
 ""' ' fiaftical Court till about the end of tiemy the fecond's Reign,or 
 King Steven's time v for at a Council at Loytdon in Henry the 
 fecond's time it was ordained,that three fummons in the Pope's 
 £• iusTotthj. ^^^^ Oiould be made to fuch as payed not their Tythes , and 
 f. T"i "' i" c^^^ ^^^y ^^^^ refufed,they (hould be Anathema:ar\d after that 
 tlAn. 1 173.' time in a Council at Oxford under Steven Arch-Bi(hopof Can- 
 terbury 
 
The Govern- i Hen. 3. Edw.i. •% Kir^gs of 239 
 
 taetJt of \ Edw. 2. ^ Englartd. 
 
 z^r^wrj it was decreed that the Laity (liould be entreated ^xik Articnli 
 to pay their Tythcs, and then if necellity require, that they Clen. 
 {hould be compelled by EcclcHaflical cenfure; fo as x\\^'n Barvnius 
 power crept up by degrees in recovering of Church- duties, as '-^nnalMzi. 
 it did in Teftamentary nnattersj and at length H^-wr^ the third ^^^' ^^' 
 worn and fpcrt with the Barons Wars, about his latter end 
 yeiided toB3;;//jc^the Arch-Bi(hop his importunate demands, 
 and hrll gave liberty to the Clergy to be their own Judges ; 
 and yet the Lay Judges, although divers of them were Clergy- 
 men did not fuddenly forbear till this Law came, which gave 
 fome fatisfadlion to the fird and fourth Articles of complaint 
 foregoing. 
 
 Ecclefiajiical cogniftttjce extendelh not to a fourth cjf. n 
 part of the Tythes of a^iy Living^nor to pecuniary njulCls 
 for fin^ f^'^f^g t^y tvif of commfitation. 
 
 The complaint of the Clergy in Hemy the third's time was a- 
 gainft the King's prohibition in cafe of Tythcs indcfinitely^for in 
 thofe times, and afterwards in Edw, the Hrft's time, the King's 
 Court had the cognifance of all Tythes , and therefore in the 
 Statute onFeji.2. c.5. the Writ of Indicavit was allowed in cafe 
 of right of any portion of Tythcs i yet the Church flill gained 
 ground, and about, or before the death oi Edward the firit , the 
 Temporal Judge had ycilded unto the Clergy the cognifance oF 
 a portion of Tythcs under the value of the fourth part, f for in ^^^-^ , 
 the Article next foregoing the Clergies complaint was, that the 
 King's Juftices held cognifance of the fourth part ) and here 
 they were confined thereto by this Law,which the Clergy could 
 never remove. 
 
 For violence done to Clcrkj^ the offender JJjall render 
 damage in the King J Conrt^ but Excommunication^ Pe* ^' 
 nance ^ and Commutation pynUbe in the Bifjops Court. 
 
 The Canon- Law had an ancient claim to the Protedion of 
 Clerks, both as touching their perfons and e(htes i and prevail- 
 ed fo far , as they were thereby emboldned to offer violence 
 unto others. But as I jormerly fhewedjby a Law in Henry the /?- 1^^. 
 fecond's time, the Temporal Judge refumed his original '" — 
 
 power 
 
340 7/je Gover/^-^Hen.:^. Edw. 1. 1 Kings of 
 
 mentcf'^ Edw, 2. ^England. 
 
 ■»■ ^ 
 
 Articuli power i ard this became a fore evil between the Clergy and 
 Cleri. Laity, for though it were allowed that Clerks (hould not be 
 
 fued but before the EcclefialHcal Judge in fuch cafes , yet it 
 was no warrant for the Laity likewife to be called before the 
 Ecclefiaftical Judge in fuch cafes i and therefore the Clergies 
 complaints fliew that the matter was doubtfol , and that the 
 Lay-Judge generally maintained his jurisdidlion , although 
 fometime? he difclaimed it, as it may appear in the cafe of a 
 Trcfpals in the nature of a riot committed upon the priory of 
 St. y.9^;z'/ of yfr«/a/f;w in the feventh year of He*«rj; the third, 
 -H^w^-' ' when as it wai adjudged /'^r c«r;4w, that it belonged to the 
 pruhtbiuo'ii -0. Ecclefiafrjcal Court topunifh ; But in Edrvard the hrft's time, 
 by the Ordinance of CirctmifpeVie agatis^ and Articles concern- 
 ing prohibitions i the difference was made between damages 
 and /TO reformatione^ and the fame affirmed by this Law, and fo 
 the matter fettled, and the fourth Article of the Clergies com- 
 plaint in fome meafure fatisfied. 
 
 caj^.^. Defamation within cognifance of the Ecclejictjiical 
 
 Court^ and corporal penance therefore^ and CoMmuta- 
 tran. 
 
 The words are general and peremptory with a non obflante 
 the King's prohibition, and yet the Law afterwards retrained 
 the fence todefamaf'on for crimes or offences triable in the Ec- 
 clefialtical Court : and this gave further fatisfadtion to the 
 fourth Article of the Clergies complaint foregoing. 
 
 Tythes of new Mills may be recovered in the Eccleji^ 
 ajiical Courts, 
 
 ThisTythe of Mills was a new encroached Tythp never 
 
 mentioned in any former Law of this Kingdom, nor demanded 
 
 by the Synod at Lo/f^o« , Anno 1173- which mentions Fruit- 
 
 Trees,young broods of living creatures ihat arc tame,Herbage, 
 
 Butter, Cheefe, with other particulars, but mentions not new 
 
 Eineus Turn 7. ^^^^^' ^^'^ ^^"^> ^hat anciently Mills paid Tythes, but fuch they 
 
 <^^i. * were, which were ancient, and had paid the fame by cuflom j 
 
 Li.E.c.S ^ 9. and fuch as by Law in the Confcffor's time were declared to be 
 
 given 
 
 cap. f. 
 
The govern' j Hen.3. Edw. i . i Kings of 34 1 
 
 mentof \ Edw. 2. 5 England, 
 
 given A Kege Baronibia & populo. But by the fccond Article of Articuli 
 the Clergies complaint next foregoing , it appears tliat tlie C/m. 
 King's Mills refufed to pay this Tythe j now whether the new 
 Mills were called the King's Mills, as being made upon the pub- 
 lick dreams by the King's licenfei or whether the Mills newly 
 made within (he Dcmefnes of the Crown it's not to be infified 
 upon i but it's evident, that till this Law made, the new Mills 
 would not Tythe their labours. 
 
 One and f he fame matter may he iryedat the Common cjh ^, 
 Larp^ after Sentence in the Spirituals Court y in divers re- 
 fpcUs. 
 
 The great fore that was complained of, was that the Clergy 
 after purgation in the Ecclefiaftical Court made, were proceeded 
 againO in the King's Court in cafe of breach of peace, or Felo- 
 ny, as may appear out of the 1 6th. Article of the Clergies Hrft 
 complaints, and the %th. Article of that taken out of Earonius. 
 Neverthelefs, the prefent Law fubjoyns an example of the que- 
 flioning a Lay- man in the EcclelialVical Court,in cafe of violence 
 done to a Clerk, as a matter- which may be tryed in the Ecclc- 
 flaftical Court, and yet reviewed by the King's Court. 
 
 The Writ de Excommunicato deliberando fhall 
 not ijfue forih^bHt upon evident breach of the Kings^*^''^' 
 liberty. 
 
 This might be intended in fatisfadion of the tenth Article of 
 the Clergies complaint in Baronius^ and the tenth Article in 
 the Clergies complaint firft recited i although that complaint 
 both in the I o, 1 1 , 1 2 , and 3 3 . Articles, feem to be but clamour 
 upon Officers, and not the King's Court of JulHce. 
 
 Clerkj officers to the Exchequer are to be corre&ed by 
 their Ordinaries 5 and yet not tyed to rejidence during 
 their attendance on the Exchequer. 
 
 This is in part an anfwer to the fecond Article of the Cler- 
 gies laft complaint, and a juftification thereof as a thing that IS 
 pro bono publico. 
 
 K k clergy^ 
 
24.a I'he govern- ^W^n,'^, Edw.i. ? K/V/^/ of 
 
 mcntoft Edw. 2. i E^!gU»cl. 
 
 ca^^io. 
 
 -cap. I : , 
 
 CSp. 3 I > 
 
 Articnh Ckrgj-mins goods JldalJ ttot he clijirained cither in the 
 
 CU-ri, High vpj)'^ cr SanSuary-gronnds , unlejs fnch as have 
 
 ^"^: ^ been of hie pir chafe. 
 
 The complaint exhibited in Henry the tliird's time , and the 
 ^•th. Article was only in ordinary pcrfonal Adions i but in the 
 complaint made^in I^^i^rjr^ the fecond's time, Article 12. is, 
 that ir's without cau(e that they are fo diftrained. This Law 
 yeildeth them fomewhat, z'/'z. immunity from diftrefs within 
 . ' their ancient pofTctfions, which had beert by ancient cufiom pri- 
 vileged, but yields nothing as touching their latter purchafed 
 Lands, becaufe they had nofuch cuftom. 
 
 High-ways and San&uaries floaB be free for fnch as 
 ahjure^fo asjii^ey JJhiU neither be rejirained from liberty^ 
 nor necif[a\ie^ f^ept from them, Bekns-ms^ makci free 
 confejjriin to the Pricji withdut danger. 
 
 The grievance in the 22*^. Article of the Clergies complaint 
 jn tiemy the third's time, and the ninth in that of the times of 
 'Edw.2. are hereby relievedi provided that the delinquent keeps 
 hlmfclf in due order. .', ' 
 
 Hofifes of Religion JJjallnot be opfrejfed with corO' 
 dies^ penfioKs^ or entertainments of great men, 
 
 Thisanfvvered.th'e grievance in the 42. and 43. of thefirft 
 complaint, and 'the i%th. of the latter-, and in effcdl little other 
 than vvhat was formerly fettled by JFe.jl.i* cap-i, . ; _ - ;,- 
 
 t The King's Tenant may be cited before the Ordihary 
 out of their own Town , and if Excommunicated for 
 vpantof appearance^ the Writ de excommunicato ca- 
 piendo y^4/f/>d i/BJ^r^e<j/. .. . ; ■ '■ 
 
 A remedy this was againft the gtievaoces in.tlie »2i and '33. 
 Articles of thefirft complaint, and in the 10/^. Article of -the 
 bft fccdule of complaints. And' thus the Clergy have gotten 
 the day of the King's Tenants, which they had been ftriving 
 for ever fmce the conqueft, as. may appear by what hath been 
 
 formerly 
 
The govern- ^l^tn.'^, Edvv.i. ? lOt^gs of 243 
 
 mcfit cfl Edw. 2-. i EngUtid, 
 
 formerly faidv an«l ^^''^^ ^^^ King's Tenants are in no htiict Artie nli 
 condition than other n:cn, viz,, they may now be cxccmmuni- Cleri. 
 cated without the King's liccnfe : nor is the ar.fwer Nrntquam 
 fuit negatmn to be referred to the point of Excommunication i 
 for that power was dcnycd them but unto the citing them out 
 of their own Parifli , which cannot be found to be denycd to 
 the Clergy, by any thing thatyet appcareth. 
 
 A Clerks prefctjtecl afidfonnd Ufiable bytheOrdirjaryycap.ii. 
 Jlxall be tr^ed again by the Eccleftajiical ^ and not the 
 Lay-Judge. 
 
 Although the fitnefs 01 fufficiency of the party prefented, is 
 to be examined by the Ordinary, yet the civil Magiftratc hath 
 power in adion brought to enquire and determine whether 
 the Ordinaries work was rightly done, and fothc I'jth. Article 
 of the laft complaint anfwercd. 
 
 Ek&iom JJjall be free. cjp. 14. 
 
 The Law was of the fame with this in the Stat. JF.i. cap.^, 
 whjch fee before \ and it may be that the iniquity of the times 
 continued notwitbftanding, and fo occafioned the renewing of 
 this Law. 
 
 A Clerk, having taken SanUuarj fliaU not be compel- cap ly. 
 led to abjure. 
 
 'Nor aft-er coiifejjion of the crime^ or appealing others c^-'^^- 
 before the fecnlar Judge JJ)aIl be denjied his Clergy. 
 ■ Although the Temporal Courts proceeded not fo far a-s 
 topafsfentenceagainrt a Clerk that had taken Sanduary j 
 yet they proceeded co enquiry, as may appear by what was 
 raidforiTierly concerning the Stat Ji^f/f. I. Ci3/?. a. and therefore 
 though this Law in the 1 5f/^.C^j^. allowcth that a Clerk in 
 Sandluary, fliall enjoy his Eccleflafticalliberty, yet the wdrds 
 legi Kegni fe reddens are interpofcd •, and the reafon is,becaufe 
 the King upon indidment found, had right to the delinquents 7 i. i- 
 poods and profits of his Lands, until due purgation, and then -^z'/- ^'^- f'>r- 
 his Lands were by. a Writ out of the Chancery to be rcllorcd to Z'^'^"^' \^- 
 
 Kk 2 him 
 
ment of i Edvv, a. \ EvgUttd, 
 
 him again s nor could any purgation regularly pafs beCote^the 
 parry was indidled. 
 
 1^9 religious Houfe fljjill he charged with Tax. to any 
 5r/jt.^'e J (>>:;. j-j^p^f.jfjj^j. rrith(7Ht the Re^ht of EogliudyKor fiall fend 
 
 to, afsy vijitation oyt of England. 
 
 Tiiis was neither at the requcft of the Clergy nor a6l of 
 
 kindnefs inrended untio them, but for the good ot the Kingdom, 
 
 to prevent the bleeding of the Treafure of the Kingdom inta 
 
 Foraign parts. 
 
 J7/j5. Cl^jru patrofjs of Abhies flixll hibve their cuflody during th^ir 
 
 '^''^^* vacancies.. 
 
 This was the ancient Law, now revived by the Clergies con- 
 fept and intended for the fafeguard of the Revenues of the 
 Houfes, and their maintenance, and therefore it's with z (icut 
 fuperitis diauni f/?, cap. 5. 
 
 ^iat St prifis ^^^ Goods of the Clergy freed fro/;* purvey ance^ Ufi' 
 LjJ.t. lefs they vpill. 
 
 It was a favour given by Eda>. 2. to the Clergy to gain thtit 
 good will after the death of Gave!}9n^the fliameful defeat recei- 
 ved in Scotla}tdj2ind fome particular teftimonies of God's dif- 
 plea(ure, whereof he began to be fomewhat fenfible, 
 
 Stat.de ^0 FraKchifes holdoi by prefcriptionar Charter confitm' 
 
 }Varratto. ^ j ^^^ Tryals by Quo warranto allowed to be in Ever, 
 x-8,/.Jw. I. 
 
 It was the common (hare of the great men, but efpecially of 
 
 the Clergy to have their Franchifes expofed to the prey of the 
 Eagles, or to fuch as hawked for them^ and it's likely the King 
 had not foeafily forgone his prize., if all the fat had fall'n to his 
 own (hare, but perceiving that more benefit came to his in- 
 ftruments than was meet, and himfelf little the better therebyi 
 ]i£ faerificedhis Judges to the people, but it was to his own 
 behoof, and fo gained both credit and favour from the peo- 
 ple, and profit to himfelf i and in fome meafurc fatis- 
 iiefj.thc 48, ^p, 50, Articles of the Clergies complaint in the 
 
 time 
 
7ht Govern- QUcT).^. Edw. i.2Kiftgs of :45 
 
 went of g^ Edvv. 2. ^ England , 
 
 tiraeof /^fxry thethird, and the i5//>. Article of their laft 
 complaint. 
 
 Lands or Tenements aliened to a Religious hcufc JJjjU 
 efcheat to the Lord^ if the alienor take the fame hack^to ^^"i- 
 hold of that houfe, cj^.^-j. 
 
 The ground hereof principally was the prejudice done to 
 the Lord by deftrudion of the Tenure, albeit that it had been 
 an ancient grievance complained of in the Saxon time5,(hat the 
 Clergy were covetous, and fwallowed down elhtcs,a:^d there- 
 by weakned the Kingdom : But now they are become even 
 cheaters, ferving the turns of treacherous Tenants that would 
 give their Lands by compact with ^the Churchmen to receive 
 them again from them to hold of the Church, which was a 
 liberty that men thirfted after in thofe times wherein the 
 Church- men were more adored than their Images. It feems BraBor,,Iih.\. 
 this Law was made after Bradon^s time, if that be true in the /^- » ^ 
 fecond Inllltutes : for he faith that a man may give his ^"'^^ • ^"■/^''• 
 Lands to any one, whether Chrillian or Jew, or religious pcx- -^'z"' '^^''^*"' 
 fon, and nothing Hiall hinder it but the fpecial refavation f^'*''^''^'^^* 
 of the donor ; and yet he faith that fuch gift or grant taketh BlIc^,>n,U'i 
 not away the right ot the Lord Paramount in his Tenure, al- cap. lofo.ij. 
 beit the gift be in free Alms. Neverthelefs it feemeth to be 
 fuch reftraint: as the Templars and Hofpitallers were fain to 
 find out a new way,which was to profedl mensTenements from 
 execution of Law by levying erodes thereon, albeit the right 
 of the Lords was not barred i and therefore Edw. i. provided Stit IVet -> 
 a Law to make this alfo in nature of a Mortmain within thcc-*, ■, ' '"' 
 Statute made in the fevcnth year cf his Reign, cabled the '^''^^' 
 Statute ^^Rf/zg/o/i/i by which it was cnadcd, that in cafe o^ Stat dc Ke^ 
 fuch alienations in Mortmain, the Lord fhoulJ hate liberty to //^/- r 
 enters if he failed, then the Lord Paramount,or if he failed, the '-^ti' 
 King (hould enter, and difpofe of the fame-, and that no licenfe ' 
 of Mortmain fnould be fued out, but by the mean Lord's affentj 
 and where part of the prcmifes remain ftill in the Donor' 
 and the original Writ mentioneth all the particulars. And 
 thus at length was this ilTue for the prefcnt flayed, which hi- 
 therto ' 
 
246 
 
 Stat, de A* 
 mortizi'tidis 
 tenis. 
 
 c.rp. 35J. 
 cap. s- fee. ^,. 
 
 "Mahnsh. ch 
 ^cJi.Reg.hb.z. 
 
 LI. Ed. ca-pc^: 
 
 cap.T.j'o.ic6. 
 
 The G^z;w«- jHcD.ij. Edj^.I.T IC/V^jr of 
 
 men f. of I Edw. 2. ^Etjgland. 
 
 thereto wafted 'tiic ftrciigtii of the Kingdom, and by continual 
 current emptying it into the mare mortuum of the Clergy con- 
 ftitr;ed'them3inteiiaiVcaof.K.Dight-irervice, fay converting the 
 famcto GUrk-fetvice. . =-«-^^^. .:a \\ S \ 
 
 No jHcIge pall compel a Free-man to maJ^eOaih vptth- 
 out the Kings command. 
 
 So is the fcnceof the Law rendrcd by. an ancient Authour i 
 and'I hope I'diall not wijong the Te^t, if I affirm that the Ec- 
 clefiallicaljudge v^as included wrchiri the equity , though 
 properly he be hot Balivnf i for the Law intends to (hew that 
 it's a liberty that the Subject hath,not to be compelled to take 
 Oath without the King's efpecial com.mand : and by confe- 
 quence ic fliewethalfo thaf'thc Kingat that time , and until 
 then had the ^ireftdry of Oaths j for it wa§ an ancient liberty 
 given in the King's Charters unto fuch as they pleafed, ^iz. to 
 impofe Oaths, and to puniili for breach of Oath, and this 
 palTeu under the word At ha 01c Athas ■■, and' fo Edmund ihc 
 Saxon King gave to the Abby of Glajienbury amongfl other 
 Aihai& Ordutas i and the Church- men that tird procured va- 
 cations from fuits of Law'duringholy times, procured a Law 
 alfo to be fcttlecl by "Edward i\\Q Saxon King,and GimthHrne the 
 Dane, tiiat Oideal and Oaths fliould be forbidden upon the 
 holy Fealls and lawful Fads. And a wonder it.is how it efca- 
 p.ed the gripe of the Clergy fo long, who ca'tclied at any thing 
 that had but a glaricebf God's wpifliip. in it. And 'if this .were 
 the Subjedls liberty, not to be jcoppelled to fwear, furely much 
 more not to be compelled to "accufe himfclf, unlefs by the 
 Law he be efpecially bound i for it is ClanviVs rule, Oh htfami- 
 atnnon folet juxta legem terra aliquis ^er Ugem apparemem fv 
 purgare nifi prtus conv'iVms fuer^itvelconfejfjiis in citric. But the 
 power of the Clergy now was grown ihong , and they begin 
 to remember tlicmfelves j and that Oaths are of a holy regard, 
 and they men for holinefs bcft able to judge when, and to 
 whom they Qull be miniftred, and therefore now they begin 
 to enter their claim, and to majie a fure Title, they get a grant 
 from Pope Innocent to Steven Langton Arch-Bi(hop of Canter- 
 
 bnry 
 
The Govern- jHen.!^, Edw.i. ^Ki?!gs of ^247 
 
 went of C Edw. 2. ^ Englatid. 
 
 bury^oi a faculty oflicenllng adminv<lration of Oaths during 
 t!ie time of Lent-, and he accordingly enjoyed ir during the 
 mad time of Henry the third. But Edrvard the firlt quarrelled 
 it, and left it queftionable to E<:/rT^j>-^ the fecond , who being 
 iti his condition as a lQ(t man had kfs care of fuch fmaller 
 matters, and therefore allowed - that his Judges of Aliizes 
 fhould beliccnfedby the Arch-BiQiopto adminifter Oaths in t^i:tiq. Britc 
 their circuits in thefacred times of Adixnt and Septnagejfvna'. tcckj. loq. 
 and this courfe continued till HfW)' the eighth's time. The 
 Clergy having thus^ gotten the bridle, gallop amain; they 
 ti6w 'call '^Yhcm they \vilL and put themto their Oaths to ac- 
 etify d the f men bv themfefvcs, or elfe they are excommunica- 
 ted }) fiemy the third withfiood this courfe, if the Clergy-mens 
 cornplafrits jn the times of that King, Artie, p. be true, and 
 nCitvVi;hfl!;ancirng the r^ir.Ci the La \v holds it's courfe, and in 
 piiVfuin^e'theVepf vv-e jfiHjd an attacl^rnent ujjon a prohibition in 
 thisTorrhenfmngV' ^!. i' ", ■. ^jj'l^^^ ;>.' ;v"i'J • '• 
 
 Put the Bifliop. otN..m Ills' pTed'ges, that he 6e before our ^^,i/t,fo. 16. 
 JiiiVkes,' to (hew caufe"^ why he made to be fummoned , and by ^ 
 Eccle/laftical cenfures^ connrain|:d Lay-perfons, Men or Wo- 
 tiien. t6 appear beforc'.hlm to fwear uuwillingly at the Bifliop's 
 plhiiirieyto'thegreatprcjudic.eof our Ciowijand dignity, and 
 cbntrary tothecuftom of the r(iIiigdom of EngUud. And 
 thus b'oth King and Clergy Nyere.'^t contert fpr this power ovex 
 the pcc^ples confcicnces, to which neither Iiad the light otber,- 
 vrift'd-jan by'rulesof Law*/ . ; .. ,,,--, -oiiO ■;■;' 
 
 ih^y be€o>f^e fnchbefore the C0nxni&f^Lft>r^S^:jdi''Jif}tc':, ^j 'j^"^" 
 andthatCo^jiitutidHlh^retpfadt^fialIbeft).cd?7firuecL 
 Whatfoever therefore their Syno5s in thofe times pretend- 
 
 ment b^^thc-LaPw. 'Bii^'t^d general' €6'urldl int^^jpofes' their 
 authort'ty',- atldHlcprtves'th-crn-thafarc the fecond ■firirte mar- 
 iied, .o*. alkheiY^jfiyifeges of CWrgr. ;, It was it feemeth 
 ?.L ''.:i\ :j fjjfir ^xv^^r.:\ '-l 'A'';^ ... r.\i^'n---- twenty 
 
 twenty 
 
348 
 
 Mcni of \ 
 
 Hen. 5. Edw. lo Kings of 
 Edw. 2. 5 England, 
 
 General 
 Councils. 
 
 B'meus lom.ii 
 Ff.i pag,67 \ 
 M.Farif 
 
 M. Fay is. 
 
 twenty yr = rs ard more after that Council, before the Church- 
 men ir. hft^Jjnd were through 'y reformed •, for either fome 
 were fb'll Bigami at &.c making of this Law,or as loucljing that 
 poi/it ir was vain ■, nor is it ealle lo conceive what occalion 
 (hould after (b long a time move fuch expofition , the words 
 of the Coni^itutlcn being Bigamot otmi privilegio clericali 
 declaraniuj-ejfe MKciatos.\<iovif whether this flow Reformation 
 arofc fiotn the defedl in Law , or in obedience thereto, may be 
 gathered from fome particulars enfuing. t irft, it is apparent 
 that the Canons of general Councils,?^ H(7wi«?,had formerly of 
 ancient times gotten a kind of preheminence in this Nation*, 
 but by what means is not fo clear. In the Saxon times, thjcy 
 were of no further force than the great 'Council of this King- 
 dom allowed by cxprefs ad. For the Nicene Faith , and the 
 firft five general Councils were received by Synodical con- 
 firmations of this Kingdom made in the joynt meeting both 
 of the Laity and Clergy i and during fuch pynt oonfulting 
 the fummons to the general Councils was fent to the King to 
 fend Bi(hops, Abbots, 6^c. but after that the Laity were exclu- 
 ded by the Clergy from their meetings, and the King himfelf 
 alfo ferved in the fame mianner i the fummons to the general 
 Council ilTued forth to the Bifhops immediately , and in par- 
 ticular to each of them , aijdto the Abbots and Priors in ge- 
 neral j by veKue whereof, they went incoMfulto Kege^ (zv\d 
 fometimes Kegerenite}ite)zr\d appeared either perfonally or by 
 proxy. Others came.as parties, to give and receive dirediion,or 
 hear fentence in matters tending to fpiritual regards; and 
 for this caufeiffued fummons fometimes even to Kings-, as at 
 the Council of Lyow/aforefaidjit's faid, that the Pope had cited- 
 Hegej terra & alios mundi principes & didum principem^ mean- 
 ing tienry the third j the matter was for allirtance to the holy 
 War i and to determine the matter bctvyeen Henry yd. and his 
 Clergy- men. And as in that cafe, folri others of that kind, 
 Kings would fend their Ambaffadours or Prodtors , and give 
 them power in their Princes name interejfendi^tralxandi^ commu- 
 nicandi & concludendi. Firft, of fuch matters qu£ adreformatio^ 
 nem Ecclefm univerfalis in capite & memhris^ then of fuch as 
 
 concern 
 
The govern- jHen.^. Edw. 1. 1 Kingt of 249 
 
 mentof I Edw. 2. \ England. 
 
 concern fidei orthodox^ fnlci amentum, Regumque ac principttm BtmusTom,^. 
 pacificationenty or any other particular caufe which occafionally "^^ '•M 9^i- 
 might be infcrted ; fo long then as Kings had their votes in ^^o^^-^-^-^- 
 the General Councils, they were engaged in the maintenance ^'^^' ^^' 
 of their decrees •, and by this means entrcd the Canon-Law 
 into Kingdoms, Nor was the vote of Kings difficult to be 
 obtained, efpecially in matters that trenched not upon the 
 Crown i for the Pope (knowing well that Kings were too 
 wife to adventure their own perfons into foraign parts where 
 the General Councils were holden, and that it was thrift for 
 them to fend fuchprodors that might not altogether fpend 
 upon the King's purfe) allowed Bifhops and Clergy- men to be 
 Prodors for their Princes , that in the negative they might be 
 pa inimici, and lefs adive i but in the affirmative zealous: and 
 fo make the way wider by the Temporal and Spiritual vote 
 joyned in one. Neither did Kings only fave their purfe , but 
 tliey alfo made their own further advantage hereby \ for by the 
 engagement and refped:, whicj^thefe hispro(!iors had in Coun- 
 cils , they (being for the moft part fuch as were had in beft 
 efteem) obtained betterrefped to the caufe that they handled, 
 and fpeedier difpatch. 
 
 Neverthelefs the cafe fometimes was fuch as could not 
 expcd favour, and then as the King's temper was they would 
 fometimes ride it out with full fail , and to that end would 
 either joyn with their Ecclefiaftical Prodtors fome of the Ba- 
 rons, and great men of their Realm, to add to the cry , and 
 make their affairs ring louder in the ears of Fame f although 
 the Pope had the greater vote ) or otherwife would fend an 
 inhibition unto their Prodors and their alliftantsj or an injun- 
 ftion to look to the rights of the Crown ( as Henry the third 
 did at the Council at Lyons) and this founded in nature of a P'^^^'^*- '^^ 
 proteft, and (within the Realm of E;/^/j«^J had the force of ^ '^^' 
 a provifo,or faving.But if the worft of all came to pafs , viz. 
 that the Council palTed the caufe againft Kings without any 
 inhibition or injundion ; yet could it not bind the Law of the 
 Land, or Kings jult prerogatives, no not in thefe times of 
 Kfl/wfV hour, and of the power of darkncfs : For at a Synod 
 
 L 1 holden 
 
250 The govern- ^Uea.^. Edw.i»7Kiftgs of 
 
 fftentofi Edw. 2. ^England. 
 
 holden by Arch- Bifhop Pfci^^^iw, An. 1280. the Ads of the 
 Council of L)'o«/ were ratiHcd, and amongft others, a Canon 
 againft non-rcfidency and pUiralitiesi and yet neither Council 
 nor Synod could prevail, for in Ec^ir^r^ the fe con d's time an 
 Abbot prefenting to a Church vacant (as was fuppofed ) by 
 the Canon of pluralities, the King whofe Chaplain was di« • 
 . fturbed, en joyned the Abbot to revoke his prefentation upon 
 ^^f*1: ' '^' t}^is ground, Cum igitur, &c. in Englifh thus : Whereas therefore 
 that decree bindethnot our Clerkj in our fervicejn regard that the 
 Kings and Princes of England, /row time to time have enjoyed that 
 liberty and prerogative, that their Clerks rvhilft they attend upon 
 their fervice JhaV not be conflrained to undertake holy things^ or to 
 be perfonaUy reftdent on their Benefices^ &c. 
 
 And if this prefent Law be confidered whereof we now treat, 
 which took leave to enadt a fence upon a former Canon fo 
 long fince made •, and (which is all one) to make a general 
 Council (will or nill it) to tread in the Ikps of an Englifh 
 Parliament, or ("which is morefneanjto fpeak after the fence of 
 aa Englifh Declaration that had not yet attained the full 
 soaj. pi s- growth of a Statute, as was th.en conceived •, it will evidently 
 appear, that the power of a Council made up of a mixture of 
 a few votes out of feveral Nations, or the major part of them, 
 being unacquainted with the Laws and Cuftoms of Nations 
 (other than their own J was too mean to fet a Law upon any 
 particular Nation contrary to it's own original and fundamen- 
 tal Law. And as the Voters fent to the general Councils 
 from E«^/4«^ were but few, fo neither were the Prodors, as 
 may appear from this, that Pope /««ocf/if out of his modera- 
 tion, if we may believe it j and to avoid much expence,as he 
 faith, did order that the number of Prodors in fuch cafes, 
 (houldbefew: but in truth the times then were no times for 
 moderation amongft Popes and their Officers , and tiierefore 
 it was another thing that pinched •, for multitude of Prodors, 
 if their number had not been moderated , might perhaps if 
 not prevail, yet fo blemifh the contrary party , that what the 
 Pope (hould get, muft coft him lofs of fpirits if not bloodi and 
 although the Bilhops being faft Friends to the Pope by vertue 
 
 of 
 
The govern^^Hcn,^. Edw.i.lKifJgs of 251 
 
 me fit eft Edw. 2, 5 EngUfjd, 
 
 of their Oath did prevail in power, and the Pope had the 
 control of the Council : yet the exceeding number of the Pro- 
 dors on the contrary,might render their conclufions fomcwhat 
 quelHonable in point of honeHy , as being made againH tlic 
 minds of the greater number of pcrfons prefcnt, tliough their 
 votes were fewer. To avoid this difficulty therefore for more 
 fureiy-fake, the Popes enlarged the number of voters", for 
 whereas it feemcth to be an ancient rule, that only four Bifliops 
 fliould go out of England to the general Council, in after ages ^ , 
 not one Bifliop could be fpared, unlefs in cafes of great and ^^ ^ * 
 emergent confequence > as may appear by the Pope's Letter to 
 Henry the third, and the cafe required it : for the oppreffions 
 of the Pope began to ring fo loud, as the holy Chair began to ^a Paris, 
 fliake. Neither did Kings confine themfelves to any certain ^«. 114 j. 
 number of Prodtors, notwithftanding the Poj^e's moderation v 
 but as the cafe required fent more or Icfs, as unto that Council 
 atP//j, for the compofing and quieting that great fchifm in 
 the Popedom, Henry the fourth fent {"olemn AmbaffadourSjand ^ 
 
 with them nigh eighty in all. But unto the Council at Baftl^ 
 Henry the fixth fent not above twelve or thirteen, as Mr. Sel- 
 lien more.pa;ticularly relateth. And unto the Council at Lyonr^ . . 
 formerly mentioned, the Parliament fent but fix or feven to ^' ' ' ^ 
 remonftratc their complaints of theextorfionsof the Court at 
 Kome^ their Legates and EraiflTaries. The fum of all will be, 
 that the A<^sof general Councils, were but Councils, which 
 being offered to the fence of the Parliament oi England 
 might grow up to the degree of Laws, if the Parliament liked 
 them. 
 
 Neverthelefs National Synods in England^ undertook the „ 
 quarrel of general Councils: for Arch*Bi(hop Peckpam in a ^y^°'*^ 
 Synod, 1280. enjoyned the conftitutions made in the Council 
 at Lyo^j-, to be obferved under a curfe without confultation 
 firft had with the ParHatnent , or before he knew whether 
 they would be right or wrong* and before him Boniface made 
 conftitutions in oppofition to the cuftoms of the Kingdom, 
 fo as the matter was now come to a kind of conteft, whether 
 Synods or Parliaments (hould hold fupremacy in doubtful 
 
 L 1 2 cafes 
 
253 The govern- \Ueo.^, Edw.i,iKwgj of 
 
 ment oft Edw. 3. 5 England* 
 
 cafes concerning the limits of the EcclefialUcal and Temporal 
 power ; for henceforth Kings muft bid adieu to the Synods, 
 and fit no more amongft them > and Synods now think them- 
 felves free toconfult and determine what they pleafe without 
 fpeaking under corredion i nor was there other remedy left to 
 Kings but threats, by Writs direded to the Bi(hops, firmiter 
 Tit P Jam- i^'^^i^^f^^^ ^'^o^ fi''^^ ^^^onias quas de Rege teneat deligunt nttHo 
 \i H X num. ffiodo prdfumunt concilium tenere de aUqmbus qu£ ad coronam 
 j-_ Regis attinent vel qH£ ad perfonam Kegis vel jlatutn fuum vet 
 
 jiatum comilii fui coHtingunt^y quod ft fecerint Rex inde fe capiat 
 ad Baronias fuas. 
 
 And this prevailed fo far as the Bifliops durft not adven- 
 ture too far left they (hould go beyond their guard i and 
 therefore they come and ask leave of the Parliament in cafes 
 that trenched upon the Law of the Kingdom, as they did in the 
 . cafe of baftardy, •wherein they would. htve had their confent 
 Stjt.J}Iertun' ^^^^ children born before marriage might be made legitimateby 
 *^''^" ^ the marriage fubfequent /and yet they could not prevail , for 
 
 they were anfwered Nolumus leges Angli£ »««^<«ri,notwithftand- 
 ing that the Canon-Law, and the Laws of the Normans fided' 
 with them ■•> and fo they obtained not their defire , although 
 they ftill retained the Trial of general baftardy unto them*- 
 felves. 
 
 Neverthelefs the times were fuch, as Kings being too weakly 
 
 aflifted by the people, and the Clergy ftrongly feconded by the. 
 
 Pope, they took advantage of thofe times of diftradion, foas' 
 
 to hold thcmfelves no farther obliged to the King , than the 
 
 Pope, and their own covetoufncfs would allow them i and to 
 
 make all fure, they bad fettled it fo far as they were able by a 
 
 conftitution, tliat the Clergy were not bound to aid the King 
 
 . Yapa inconfulto \ and they put it in.pradife in a Synod under 
 
 ^»tiq B> . ^^^^ Bifhop tFinchelfie^ Amo 1 2p 5 . in the time of Edtvard the 
 
 firfti and although the King prevailed in the conclufion at 
 
 that time, yet from the times of Henry the third,the Clergy for 
 
 future times, granted their aids to the King by thcmfelves, and 
 
 apart from the reft of ,the body. of ihe Kingdom , and held 
 
 themfdvcs not bound by, any ijidl granted by the Parliament i 
 
 albeit 
 
The G over »-^Ren.^. Edw. i.^Kings of 253 
 
 ment of 2, Edw. 2. ^Enghnd. 
 
 albeit that their own aids granted in their Synods were not ob- 
 ligatory unto the body of the Clergy in this Kingdom, unkfs 
 firft allowed and conhrnned by the Parliament. And thus is 
 E;/^/^;/^ become like a two bodied monftl^ fupported with 
 one pair of Legs. 
 
 CHAP. LXVir. 
 
 of the condition of the Free-men of England , of the 
 grand charter^ and other Statutes during the Reigns 
 of thefe Kings, 
 
 SHattcred afunder by broils of Civil Wars, the Free-men 
 having laid aGdc that regard of the ancient mutual cove- 
 nantj and bond of Decenners are now become weak, and al- 
 moft enthralled to the luft of Kings, Lords, Pope, and Englilli 
 Clergyiand therefore it's no wonder if Taxes and Tributes were 
 many and new, although ntt(\ of them dcferved not to march 
 under any banneirbut the^Pours of opprellion j nor did any 
 thing fave them from the worftTenurc of all,but thefeveral in- 
 terefts of thofefuperiour powers which oftentimes did juflle 
 with one another, and thereby gave the Commons liberty to 
 take breath, fo as though for the prefent they loft ground and 
 hunted upon a cool fcent, yet they ftill retained the prey within 
 their view. Sometimes they were caft far behind i other times 
 they recovered themfel ves j a truce is cryed, and Laws arc made 
 to moderate all, and determine the bounds of every onej and 
 thus comes the grand Charter into the publick Theatre. The 
 Hiftorian faith, it was the fame with that of King John's fram- 
 ing •» and yet by comparing them together, we tind them difa- 
 greeing both in Words and fence, and therefore ftiall fum the 
 fame up as ftiortly as I can, obferving the difference of the two 
 Charters as I pafs along. The firft Chapter concerned the 
 Churchy of which fuflicient hath been fpoken. Mag^Charta, 
 
 The Free-pten Jljall enjoy thefe liberties to them and ^^^ ^. 
 their heirs for ever. The 
 
cjp. 4 ; 
 TtJcStat. (ie 
 
 Glanv. Jib. 6. 
 cap. I. C4. 
 
 254 The Govern-. <Uen.^, Edvf.i.jKwgs of 
 
 ment of I Edw. 2. jEftgUfjcl. 
 
 Mag.Charta. The heir in Knight-fervice J})dll pay the ancient relief, 
 ^'^P- 3- That reliefs were fettled by the Saxons, hath been already 
 
 (hewed, and alfo that they were continued and confirmed by 
 henry the firft : only in thofe tinnes they were paid in Horfes, 
 Arms, &c. but in after times all was turned into money, which 
 was more beneficial for all. 
 
 Lords Jljall have their Wards bodies^ and Lands after 
 homage received until the full age^ though the Ward be 
 ^formerly Knighted, ^ 
 
 The Law of Wardfiiip may feem more anciently feated in this 
 Kingdom than the Normans times,for if the Statutes oi Scotland 
 bear any credit , that Law was in Scotland before thofe times. 
 The Lords were not to have the Wardftiip before they were 
 pofleiTed of the Tenure, becaufe it was theirs as a fruit of the 
 Tenure, according to the Saxon Law concerning'diftreJs, that it 
 could not be in the power of the Lord to diftrain till he was 
 polTeiTed of the fervice. And if by fraudulent conveyance the 
 heir did hold the Lord out of polj^flion, a Writ of Ward did 
 lie againft him •, and if he did not|ppear the Lord might (jbifc 
 the Lands, unlefs in cafe of Wardfrnp "per caufe de guard, ' '/^.^ 
 
 And in cafe the Lord would hold the Wardfhip longer than 
 the full age of the heir, an Affile did lie againft the Lord, for 
 the heir could not enter without livery.Butif the heir were of 
 full age at the time of the Anceftor's death , the Lord could 
 not enter the Lands i and yet he Qiould have a relief, and the. 
 primer feifm. ,, . , ,.y., j, /..^.j^;, ovrnr-'i <> 
 
 And if the heir entrcd the Lan'rfs before nomage done , he 
 gained no Free- hold, though he were Knighted before , as this 
 Law provideth : for it may feem that thefe times of civil War, 
 brought forth a trick of Knighting betimes, as an , honourable 
 encouragementforyoungfparksto enter the fi^eld before they 
 were compleat men of difcretion to know whether the caufe of 
 War was good or evil : and yet reafon might induce a conceit 
 that he that was thought meet to do Knight- fervice in his own 
 perfon, might exped the maintenance fit tor the ability of the 
 perfon and honour of theferyice*. \ / 
 
 Crant^ei 
 
 Stat. J^fjrlb 
 cap. e'^dj. 
 
 Stat. Marlb. 
 cap. 16. d 
 ?urog. %^. 
 cap.-^. 
 
 Picrog. Rgg. 
 cap. ij. 
 
The Govern- S Hen. 3. Edw»i. ) Kings of 255 
 
 Ment of t Edw« 2. V ^ EKgUnd. 
 
 Grantees or their j^fjtgns^or Committees offFurdfiips Mag.Charta, 
 fiall preferve the Land^ &c. from IVafi^ and the "te- 
 nants from extortion. 
 
 They JJ)aU yield hp the fame Jioc^ed if thiy receive '^'^^' ^' 
 them jlocl{ed. 
 
 The firrt of thefe is the Law of common reafoiiifor it's con- 
 trary to guardianfhip, to delhoy that which by their office they 
 ought to preferve. As touching the words of the Law , the 
 Grantees are omitted in the Charter of King John i and alfo 
 their Affignees, albeit that doubtlefs they were within the in- 
 tent and meaning of the Law. The matter declares plainly not 
 only the oppreifion of Lords upon their Wards, but alfo the 
 corruption even of the Law it felf,that at the firll aimed at the 
 good of the publick, and honour of Knigjit-fcrvice, but now 
 was degenerated into the bafe defire of proHt, by making mar- 
 ket of the Wards eftates and marriages, that brought in (irip 
 and waft of Eftates, and niggard ljv;bi^gle(^ of the education 
 and training up of the perfonsof tKe Wards, and an imbafing 
 of the generation of mankind an^ fpoil of times. Nor did 
 thefe times ever efpy, or provide againft the wor/t of thefe, but 
 only endeavoured to (ave the eftate by punifliing the wafters in 
 damages by this Law, and by forfeiture of the Wardship by a 
 Law made in the time of Edward the firft > and this as well e ^, 
 for Waft done during the time of the cuftody, as in the \'\k' ^ap ^ 
 time of his Anceftors, by another Law in Edward the firft's 
 time. And becaufe the Efcheators and their under -Officers Stjt. Je rap, 
 ufed to fervethemfelves out of the eftates of minors before they loE.j. 
 certified to the King his rights and thofe were not within the 
 Law. of .Magna Cbarta^ or at leaft not fo reputed: It was there- ^>tic. fup. 
 fore afterwards provided, that tlicfe alfo (hould render damages ^•'>■'•<^''^ i8. 
 in a Wf it of waft to be brought againft tiiem. 
 
 The marriage iff IVards pall be without difparage- cjp. 7. 
 mcnt. 
 
 It was an ancient Law among the Germans, and the Saxons Tacitus mor, 
 brought it hither, and as a Law fcttled i^that oiarriage muft be Germ. 
 
 amongft 
 
2^6 The G over ff CHen.^. Edw. 1. 1 Kiftgs of 
 
 vtentof^ Edw. 2. ^England. 
 
 Mag.Charta, amongft equals, but the Danes and Normans flighted it,and yet 
 
 it continued, and was revived. Now as the Lord had the tuition 
 
 of the Ward inftead of the Anceiior, fo had he the care of the 
 
 iTarriagein fuch manner as the Anceftor might have had if he 
 
 had lived. For in cafe the Ward were ftoln and married , the 
 
 delinquent fuffered fine and imprifonment. Or if the Ward 
 
 married without the Lord's confent,hc (hall have the double 
 
 StJtJMerton. value, and hold the Land over till faiisfadion •, But in cafe the 
 
 ^^?- ^' Lord marrieth the Ward within fourteen years of Age to it's 
 
 difparagement, he (hall lofe his Wardfnip thereby. And if the 
 
 * **/• ^* Ward refufeth to except of a marriage tendred by the Lord be- 
 
 W I <r ii. ^^^^ ^^^ ^S"^ o^ ^ ^' years, the Lord (hall hold the Lands till he 
 
 have received the full value i and in cafe where one Tenant 
 
 holdeth of divers Lords, the Lords by priority (hall have the 
 
 marriage. Thefe La*vs were in ufe during the Reigns of thofe 
 
 H' 7 1 f I .< ^'"S^' although it cannot be certainly concluded hereby , that 
 
 ' the Wives portion properly belonged to the Lord , as for his own 
 
 benefit, partly becaufe tht-?emale Wards (hoald have no ad- 
 vancement, if it belonged to the Lords, and partly becaufe this 
 forfeiture was given to the Lords in nature of a penalty, as ap- 
 peareth by the frame of the Statute of Merton, 
 
 Vtdc Stat. Widdovps JImU haife their Dower , inheritance^ their 
 
 Mci-ton.cap.i. inheritance which they have joyntly with their husbands^ 
 
 ^* their Marriage freel^^ and their Quarent'ine, 
 
 rrerog. eg- with due regard of the opinion of Others,! (hall propound 
 
 ^''^' '^' my own. Itfeemeth to me that the King is within this Law,as 
 
 well as within the former Laws of the Normans, and thofe of 
 
 Henry the fecond, that are of this kin d •, and as he is within the 
 
 compafs of every Law of this Charter, and that it is called the 
 
 grand Charter, as mo(t immediately coming from the King 
 
 to the people, and not from the Lords. Nor is there any 
 
 ground that the Law (hould intend to give liberty to Widows 
 
 of Wards, belonging to inferiourLords,to marry whom they 
 
 will i and that only the King's Widows (hall be bound : Nor 
 
 did this fuit with the contelt between the Barons and the 
 
 King , that theii W idows (liould be bound unto the King, 
 
 and 
 
Thegoveru' jUen.^.Eidw.i.-tKiftgf of 257 
 
 fmrttofl Edvv. 2. ^England, 
 
 and the Widows ot their Tenants difcharged from their tui- Mag.Cbarta 
 tion i and therefore I conceive by the word maritaeium is not ' 
 
 meant liberty of marriage , but her marriage- portion , or 
 rationahiVts /'jr/,according to the foregoing Laws of Henry the 
 firlt,and Hoirv thefccondi and the Saxon cuftoms. But as 
 touching the li'jeriy of marriage it is defined and exprefled, 
 that the Widows (hall not be compelled to marry, neverthe- "hnv lib 
 kk if they (hall marry, they muft marry with the Lord's liking, cap. x'l.' ' ^' 
 otherwife he might have an enemy to be his Tenant that might 
 inftead of homage and fervicc, prove Traitor, and be his ruine. 
 Laftly, touching the Widows dwelling, the Law thought it 
 unreafonable, that (he (hould immediately after the death of 
 her husband be cxpofed to be harbourlefs , and therefore or- 
 dained that flie might continue in her Husband's houfe forty 
 days, if it were not a Caftle, and then (he was to have another 
 dwelling afligned to her , becaufe by common intendment 
 (he is not fuppofed to be a pcrfon meet to defend a Caftle: and 
 this was called her ^arentine^ which I met not with a- 
 mongft the Saxon Laws, and therefore fuppofe it be of Norman 
 original. 
 
 ISIo Mans Land fiall be feifed for deh to the Kiftgfo 
 long as the Perfonal Ejiate will fat isfie. Nor fiall his ^^^' ^^ 
 fledge be troubled^ fo long as the principal is fnfficient^ 
 nnUfs he refufe to fatisfje^ and then the pledge fijall re- 
 cover in value, 
 
 Thefirft part hereof, was the ifTue of the Law concerning 
 elegit, formerly obferved in the Saxon times •, for the regard of >» 
 
 Law principally extended unto the perfon,next unto the Free^ 
 hold, and laltly unto the goods. The latter part of this Law 
 was the Law of Pledges or Decenners in the fame times i unto 
 which the Reader may refort for further light herein. 
 
 The at) of London, and other Cities ^Burroughs, and eaP.iz 
 Towns 5 and the Cinque-ports^ and other Ports fiall en- 
 joy their ancient liberties. 
 
 The whole Kingdom, and the members thereof herein ex- 
 
 Mra 
 
 preflcd 
 
258 1'he govern- f Hcn.3. Edvf .1 . 1 Kings of 
 
 merftofi Edw. 2. \ England. 
 
 ,hiag,Charta, prefTed had all their liberties faved from the dint of ConqueA 
 by the Law of Jf^illiam thcfirrt > upon which, although fonne 
 SclJ. Spun, of the fucceeding Kings did invade, yet none of them made 
 fo.i^i. any abfolutedifleifin, although difturbance in fomc particu- 
 
 lars. But King John did not only confirm them by his grand 
 Charters, but by particular Charters to each Corporation, with 
 fome enlargements , and in his grand Charter infcrted one 
 claufe which in the grand Charter of Henry the third appeareth 
 not, which thus enfueth, Et ad habendum commune concilium 
 Kegtti de auxilw afftdendii aliter quam in trtbus caf^bur pr^dil^if^ 
 which if the barbarifm of the Latine miflead menot,is thus in 
 Englifh. And to have right of Common Council, or to be of 
 the Common Council of the Kingdom for the afleding of 
 aids, other than in three cafes aforefaid, t/?^;. for redemption 
 of their Captive King, for Knighting of the King's Son , and 
 for his Daughters marriage ; because thefe three might be due 
 by the Common Law, the two latter by cuftom, the former 
 by common right , although mentioned from the late dif- 
 aftcr of King Richard , which King John might with (hame 
 enough remember, and exped the fame meafurc from the cen* 
 fure of an unquiet confcience. I (hall not enter into debate 
 concerning the omiflion hereof in the later Charters •, poflibly 
 it might feem a tautology. Nor concerning the reftrid:ion, as 
 if it did imply that the BurgelTes had vote only in cafes of 
 general afleffmentSjbut (hall leave it to the confideraiion of the 
 Reader. 
 
 (4p.il' ^Ttf dijlreft fiaU he fallen for greater fervice or other 
 
 matter than is due, 
 
 Dil^refTes are in nature, no other than a fummons in adl, or 
 the bringing of a man to anfwer by feifure of part of his goodsj 
 and it was ufed by the Saxons, as hath been (hewed : and be- 
 caufe the rich men under colour of feeking their right , many 
 times fought for wrong, and though they could not prevail 
 intheilTue, yet prevailed fo far as the Defendant could not 
 GUnvilUh.i t cfcape without charge and hinderance i therefore the Law pro- 
 tap. ^,' ' vided a Writ of remedy againft unjult vexation, which Clan- 
 
 vil 
 
The govern- K Hen. 3 . Ed w. i . > Kings of 25^ 
 
 ment cfi Edw. 2. > Engldnd. 
 
 w/remembreth usofi and yetbccaufe that remedy alfocar- hlag.Cbarts. 
 ried with it matter of charge and diHurbance to the Plaintiff^ 
 and fo the remedy might be worfe than the difeafe \ therefore 
 the Law defined di/trclTes by circumHarces of perfon, matter, 
 time, and place, under penalties of fine and amercement, bc- 
 fides the recompencc to the party ; Firft,it muft not be taken, ^y^, jviarJh, 
 but by leave from the King's Court , unlefs in cafe of matters ca^. i. 
 due by common right, and upon complaint made by the Plain- Giatirii hh. 9, 
 ti/T. The King fent out a fummonsin this manner, Hettrkm caf. i CTS. 
 Kf a; Ang. Hominihuf Abbatis de Kamfey falufem. Preeipio quod 
 cito & juftereddatit Abbati Vomino vejho quicquid ei debet is in Gloffzi^. 
 cenfu & firma&debetit &placitirt quod ft mlueritit^ipfe vos inde 
 coMjlringat per pecuniam vejiram. And in all cafes of matters 
 due by common right, the diftrefs never was done in an arbi- 
 trary way, but by Judicial Ad in the Lord's Court, Secondly, GjaniH. Ub.^. 
 no diftrefs for fuit (hall be made ouf of the Fee , nor againft ^^^P- 8. 
 any perfon, butfuch as are of that Fee. Nor (hall any di(\refs ^*''^- ^^^r^^- 
 be made in the King's high- way or open (\reet,but by the King's ^•^/'^»5»4. ^ r* 
 Officer, and fpecial Writ i becaufe diftrefs is incident to fer- 
 vice, and that is due as from the Fee v and therefore by com- 
 mon right;, the fame m\ift be recovered from the Fee, and fuch ', ^ ^'J. ^.^^^ 
 as^weferviceinthefame-, but the high-way or open ftrcet " '" " 
 are more properly a Franchife belonging to the Klng,although 
 the foil haply may be the Lords i and therefore it was an 
 old Law that they (hould be under the King's fafeguard,iS/>'/'<»i ^•^«.4-: .«.»■) 
 ^uhlica pet communes vm\ and no violence muA be there tole- 
 rated but by the King's efpecial Writ, which prefuppofeth jdbc 
 efpecial notice taken by the King of the nature of the opca- 
 fion. A moderation alfo muft be obferved in the takmg' of 
 the diftrefs i for it muft not be excelli ve, and alfo in keeping 
 thereof: for if the owner will,he may replevy the fame accord- 
 ing to the ancient courfe > and the Shcrirf" muft grant replevy j^g.n 
 if it be demanded, although formerly no replevy was with- Giamii i \> 
 out fpecial Writ, and yet they alfo not always readily obeyed. <r<7p. 12. 
 For the times were fuch as the Lords were bold with the King's 
 Courts, and Minifters, and refufed the order of the Law j now 
 in fuch cafes wherein the matter concerned contempt of the 
 
 Mm 2 King's 
 
2 6o The govern- S Hen. 5 . Ed w. i . ^ Kiffgs of 
 
 ment of L Edw. 2. ^England. 
 
 ■ ■ ■ .,.^ . ■ — rrrr — .. .. — — mf 
 
 })Jt^g,Charta. King's Authority, a fine was fet upon the offender: but in cafe 
 it concerned only a tort done to the party, he was anaerced : 
 the one is called redemption, becaule the penalty otherwife 
 muft lie upon the perfon , if it be not redeemed by pecuniary 
 ,yiIiro;' ca^.^.^^^' ^he Other IS called amcrccment, which is originally a 
 Sec^rl,..r fatisfadion unto the party wronged, by recompence out of 
 theperfonaleftate of the delinquent. Thirdly, as touching 
 DiJlnc.Scac. the matter of the diftrels , it muft not be of Plough-beafts or 
 K^rtic. vjg. flieep, uplefs in cafe of: damage fefant, if other diftrefs may be 
 cart. cap. n. h^d i for the Law bad a care of fucb Cattel as were moft of 
 . ; : : . publick concernment, and which was the main (lock of fub- 
 iiflence, fo far as Juftice would allow : and therefore the unjuft 
 taking of any man's Cattel by any perfon whatfoever is liable 
 iVeJii.capA 6. jQ tj^g f3f^£ penalties that unjuft ditUeffes are. Fourthly, con- 
 cerning the ufing of thedilhefs, itxpiift not b« rfold , no not 
 .g ov i in the King's cafe till fifteen days be pall, after it is taken 'i nor 
 •..'*. .\_^' muftit be carried out of the County , but it mult' be To im- 
 »yJ/^r//'.<:.4. pounded as the owner may come to-feed it •, and it rrmft be 
 Di^rie. Scac difchargcd if the owner give fecurity of fatisfadion before th€ 
 return of the Writ. Fifthly, the intent of thediiheffefe mu'(! 
 ^rtic.fup. betiiat which is ju(V, and therefore j3(i«.for other fuif than by 
 eart.cap. n. t;i^e feqffmentisdue, or elfeby prefctiptionv and in cafe iti any 
 are jointly feifcd, the fuit (hall be by one, and the reft fhall 
 Marlb. caps* contribute. Nor mufi any man be compelled to (hew his Ti- 
 , tie to his Land by diftrefs. , .. j.... 
 
 cap. Z2. ' ^ ■' , m" 3 ■ ^V4 
 
 The Common- fleas 'fffUU'h^ h'^laeii in .pne^ xert/^t^ 
 
 "The Office of Judge of the Common pleas wais in- Aiy opiJ 
 mon,diftind and feveral from that of the Crown-pleasi nor 
 though one and the fam: man might execute both Authorities j 
 dotii it therefore follow that it was by one and the.iame poweti- 
 as if being Judge, Jie had thereby power in all matters of the 
 Common-pleas, and alfo of the. Crown: for though it be 
 true that Brarion faith, the King hath one proper Court wherein 
 C4piraJc;^3^"f' are the chief Judges, which both by his own Tcftimony , and 
 nojlri. Briton's alfo, did hear and determine caufes of all forts i yet is 
 
 it 
 
ment of ^ . . Edw. 2;' ^EugUnd, 
 
 it true alfo that it was by appeal or Writ ot errour, as in cafe of Ma^.Charta. 
 falfe Judgement i and that liie King hzd plitres curias^ which MJ^ll.c^p.io 
 doubtlefs had their proper work ; and in the time of Hertry the 
 fecpnd, it's clear ihu C^x were efpccially allignc;d for -the Com- 
 mon pleas throughout the who]9|^£^!n[\i; and yet by another 
 cfpecial.Comraililon, or Letters Patents, the fame men might 
 alfo have power to detern.ine matters' oF the Crown, as at this 
 day in their feveral circuits. This Law tlierefore doth not as 
 ^conceive, wprk any. alt^ratign,, but pnly, i^i. this, that whc-rreas 
 (ormerly thejudges of Coi^imon- pleas attei^ded'pn the living's 
 ■Court continually, as all othp Judges did ia^d/"vYhitl-rt;^ -the 
 King removed they did the like, which rwas a gr^)it uncertainty 
 and grievance unto the Commons., Henceforth they are fixed 
 to a certain place. ,-; _, ., ,. ^ ,, ^ 
 
 "^ j^J^7fehf,}i^Vel;^^ and UottdA^ctd^r J/jd/l 
 
 tc dcteriwln'e^in'ykj'^froph to^iitf onfi/ '^ and "ty the '^ 
 Jiifiices mntr int Jefjt l?jt he, I^inp.'of Its, Chief" Jh- 
 Jhceu 
 
 The Law was fo declared in Uemy the^e^oncj's tjmc,an4 was 
 queHionlefepv»t'jnpr^dice,,f(:) M-^^yth [\^ witli^c^^yenien^ 
 .tp the Judges might be \ l^ut now ,the-cpnyeni'^ce of t^ie. peo- ' ' 
 
 pie is preferred^ and they tnuft not be brought up^to the King'^ 
 Court,but the Jufticesmuft come down to them \ and yet in 
 cafe of difficuhy,the bench where the Common- pkas arehold- 
 en n^uft 'detcrmfinettie matter, and '^h§re.th^timein 'the Jtfr 
 in one Couv.ty is too fcant,the remanets fliall ,i)e, a^ljouri^^d 
 ^vcrte betrJBdelfewhiareia that; circuit, ii ^hich fl^ew^th |hat 
 the Judges ^»/>era»f, had their time proportioned out to eytry yy-gn , 
 -County. Thefc trials alfo were fo favoured ., as in the Vhcn 'J "''^'^^'^'^ 
 •holy times of Adz&nt^ZDd Septrtagefiw^^.pfXm^n^^'^'^y ^}&h} be 
 «!ea, which although it was: g3in^(if|)fy:,i:Jy^y^r.^ ^a^g by'thc 
 &k\^ to the BlliiQps,a& riift- WQrds qf,t^,|t Uw,?re- cons^ludcd i 
 •yet it Ihcws that the Parliameot had'fo much light as to hold 
 the time not inherently holy, but nieerly fequcUredby the will 
 of theCkrgy. The Plaintiffs aifp in Mortdancepr may be ^tu Ghc 
 •d'fversr, ifj there ic divers beU^ o£.fiti«;A09?ttoa by one Title, cap.'c, "' 
 ^'' ' • And 
 
i6^ The Go^erff^KUeD,^, Ed w.t.j^King/ of 
 
 ment of 1 Edw. 7.. S^"g^a»d, 
 
 Mag.CbartJ. And if there be joynt-Tenanfs,and the Writ be agalnft but one 
 CunjunB, feo- and the fame pleaded, the Writ (hall abate; but if joynt-Te- 
 pf-^n. 54. nancy be pleaded , and the plea be falfe, the l3efendant fhall be 
 •?• '• fined, and imprifoned. And if in the AdJion the verdid be 
 
 :>tat. Gioc.c.i. f^j jj^g Plaintiff, he (hall recover damages. 
 
 ^jp J J. Darrain frefentment Jljallbe taken only in the com- 
 
 mon Bank^ 
 
 Trials in the common Bank or other Courts at JVe\imi»j}er^ 
 fiave ever had an honourable e'tieem abb ve thofe in rhe County 
 hy Nift prim^ altirou^h all be eqdally available. This might 
 be one caufe why the Titles of Churches were ftill retained at 
 the common Bank, when as all other rode circuki for that 
 Churches affairs in thofe times were of high regard; Speed 
 6f Trial alfo wis not httle regarded hcrfin \if^x JuiUcesby Nift 
 pr/«* properly were but for enquiry tilT the' Statute at Wejitn, 
 Wcjl.txap.^o. the fecond made them of Oyer 3ivd Terminer in the cafei of 
 ^are Impedit^ and Darrain prefcntment,and gave them power 
 to give judgement. And thus the Commons gained ftill in 
 point of con veniency. • ' ' i 
 
 etip, 1 6. " Py'^^' ^en fhaH he an^etced according td the degree of 
 
 the faulty faving td tisem their frte hoid^ d6d td Mer^ 
 chants their main Jlocki, ^"^ *^ Villains their Waynagety 
 ^nd Clergymen p^ all he amerced according to their Lay ^ 
 ftk, J Barons pally he amerced hy their Peersy otherf. by 
 the 'Vicinage, ''''^i ^.'^.'i.^ ".»/ . :; ).\-^ ■ ,- v ■;;.; ,„,. ^i 
 In this, regarcll^ to*be hiad fitft of the pcrfdns that aceto/bc 
 amerced, then of the parties by whom, and laftly, of the na- 
 ture and quantity of amercements. The perfons amerced arc 
 ranked into four Glaflfes: Barons,Clergy, Free- men, and vil- 
 felrts. ^ But In ttpcx6i'oi ix^i patties by whom they lare to be 
 amerced, they>rel>ttt"twt),Baron$and Freemen, for the Clergy 
 yillains,and Free- men are to be amerced by the Free- men of the 
 neighbourhood.In what Courts thefe amercements (hall be,the 
 Uartbxaf.ii, Stat. Marlbr. tells us, not before the Efcheator, nor other that 
 make enquiry -by Goramiftion or Wtit, noii)efiQJte the Ju(iices 
 
 of 
 
The Govern- ^ Hen. 9. Edw.f . 5 Kiftgi hf 26^ 
 
 went of c Edw. 2. ;> ^ Engtand. 
 
 of Ailize, or Oyer and 'terminer ^hnt only before the chief Jufti- Mag.Charf*^ 
 cts^ot]\Jii\'Kts itinerant. The Statute of /^r/f»fi«/ftfr adds a 
 fifth Clailies of Cities, and Towns, by exprefs words , which Isjejlm. \. c.6. 
 fccms not fo necefifary, unlefs in pillaging and oppreffing times, 
 fcr they were taken to be within the Statute of Magna Charts^ J^ftror cj^.^. 
 though not therein named. The rule of the quantity of a-'/^^^- 
 iiiercementsisnow fetdown in general, and left to the dif- 
 cretion of the Peers or Vicinage, which formerly by the 
 Saxons were fpeclally fct down in the Law. The rule in ge- 
 neral is with a ne plus ultra^ viz. not further or more thjn that 
 the party amerced may fpare, and yet hold on in the mainte- 
 nance of his courfe , according to his degree. And it muft 
 be alfo according to the quantity of the olTence/or the greateft 
 amercements muft not be ranked with tiic Icaft otfences: fo as 
 in every degree the main furtenance of the party is faved : yea, 
 the villains Chowever mean they be) they muft have their 
 maintenance. And tiiis flieweth that villains had a mainte- 
 nance, which was under the protedion of the Law , and not 
 under the gripe of their Lords to all in^tcnts, unlefs they were 
 the King's villains J who it feemeth were meerly under the 
 King's mercy, as being both their Lord and King,againft whom 
 they could hold nothing as properly their own: and there- 
 fore in all other cafes, even then the villains were born under 
 a kind of liberty , as in the Saxons time formerly hath 
 been declared i which the Law proteded againft their own " 
 
 Lords. 
 
 No man Jhallbe compelled to mah^^ rep airy or mdin' 
 tain any Bridges^ BiXnkj^ or Caufiei, other or otherwife^ ^"^^ V^ i^% 
 than they were wont to be made^ repaired^or maintained 
 in the time of Henry the fecond. 
 
 The limitation to the times of Henry the fecond , ftieweth 
 that his Juftice was fuch as maintained the common rights of 
 men •, but in the times of Kicbard the firft, and more efpecially 
 of King John, thofe Rivers^ Waters,and fifhings formerly ufed Mror cap. y, 
 in common, were encroached upon, enclofed and appiopria- /a^. ». 
 ted, tp particular mens ufcs, which occafioned many Bridges, 
 
 Banks^ 
 
2 64 iheGvv^rfr CHen.^. Edvv. I. ^ Kings of 
 
 Ment oj $ Edw. 2. 5 England, 
 
 Mjg'Charta* Banks, and CaulTe5,to be made and repaired fo the great charge 
 of private men, all which are difcharged by this Law. 
 
 c»p» 19' 2^T^ sheriff, Conjlable, Coroner^ or other Baylif^ JljaU. 
 
 hold avj picas of the Crown. 
 
 Efcheators are alfo cxprefTed in the old books of Magna 
 Charts^ and the abridgements,however it feemeth that it's wit h- 
 in the intent of the Law, which was made to avoid the extra- 
 ordinary oppreffion that thefe Officers exercifed upon the peo- 
 ple. For Efcheators under colour of inquiry of Eftatcs of 
 men would enquire of matters concerning the lives ot men, 
 and Sheriff's that had power of trials in cafes of Theft, a^Jiath P.)^3^\ 
 TlHni c^ been ajreadyjhewn, abafed the fame for their own benefit , be- -~^ 
 Glatn- lib I <^^"^ ^" fuch cafcs they had the forfeitures. This Law therefore 
 cap. z. takes away fuch occalions, viz^ from the Sheriffs and Coroners 
 
 and Bailiffs or Jultices , (other than by exprefs commiiiion 
 thereto alfigned J all power to hold pleas of the Crown by trial, 
 leaving unto them neverthelefs, power of enquiry, of which 
 anciently they had the right. 
 
 cap. lo. If the King's Tenant dieth fuppofed in arrear^ an in- 
 
 ventory Jl?all be made of his Jiock^by honeji men^ but it 
 flmll not he removed till accounts be cleared^ and the 
 overplus Jl)all go to the Executors^ faving to the lVJf& 
 and children their reafonable part, i.Iv.lisjt! 
 
 The firfl claufe hereof was a Law in Henry xht firft's time; 
 and a cullomary Law in Henry the fecond's time.being a ireme- 
 ^^'"^■* ''^*''' dyagainft an old Norman riot of the Lord's feifure of the 
 ^'^' ** whole perfonal citato of the party deceafed, under colour of a 
 
 Law. The fecond part concerning the overplus hath this addi- 
 tional fubjoyned in the Charter of King John. If any Free- 
 man die intertate,' his Chattels (hall be divided by his Parents, 
 and his friends in the prefence of the Church, faving to every 
 one their proper debts : and thus fince the Conquefl, the 
 Church- men encroached by degrees unto a great power in mat- 
 ters Teftamentary •, I fay by degrees ; for as yet by this Law it 
 appeareth, that they were but ovcrfeersor^ye-wkneffts-i for as 
 
 yet 
 
The govern- jRen.i^.Edw. I. ^Kwgf of 26$ 
 
 ment of \ Ed w. 2. \ England, 
 
 yet right of ordering or diipoling they had none,as may appear Mag.CharU 
 in that cafe of a balkrd dying without iifue and inteftate , the Glj'nii. uh.^' 
 Lord (hall have his perfonal EOate : and in all cafes the Exeeu- ^^P- 1 ^. 
 tor had then nothing but bare alTets, and the overplus was af- 
 figned between the Wife and Children according to their rea- 
 fonable part ; or if the party died intettate, the next friends did 
 adminifter^ paying the debts, and making dividend of the over- 
 plus into the reafonable parts, according to the ancient Saxon 
 cuftom ftill continued ; nor doth the teftimony cited out of 
 Bradon prove any other, than that the Anceftor hath free power Cokdrflit - 
 to order his eftate as he pleafeth,and that the Children fhall have paJ. {'!'"'' 
 no more than is left unto them by their Anceltor, either in his '^' 
 will, or in cafe of dying inteftate, by the cullom or Law which 
 •is, and ever was the rationahilis pan. 
 
 No purvey afjce for any Cajile out of the fame Town cai> " r 
 where the Cajile k^ butpefent fatkfa&ion mufl he made: ^ '"'' 
 and if in the fameTown , fatkfaaion wuji be made 
 within forty dap. 
 
 Purveyance was ancient provilion for the ncccflities of the 
 publick , and fo far was commendable , feeing it's not the 
 common cafe of all men to regard the publick above their 
 own private intercft i therefore the publick muft provide for 
 it felf, by their means in whom the publick is moft con- 
 cerned; and this was in thofe elder times, but in two cafes 
 VIZ, of Kings and Cafiles i in the one of which the govern- 
 ment is principally concerned, in the other the publick de- 
 fence. For it may be well conjcdurcd that Caftles were cither 
 firft made in places commodious for habitation , and great 
 Towns gathered to them for their better fafetys or that the 
 Towns were lirft gathered in places of commodious habita- 
 tion, and then Caftles were made for their better defence or 
 if they were impofed upon them by the Vidor to keep them 
 in awe, they were neverthclefs by continuance together be- 
 <:ome tradable, and confpired for the mutual defence of each 
 other. But as touching fuch Ottadels or Caftles thaf-were fct 
 
 Nn , j^j. 
 
2 66 The gevtrftr SUtn^^. Edw.J; 7 Kings cf 
 
 : , . 9^\Kt Ofri Edw. 2. i Eflgldficl. 
 
 hIjg.Chartj, in folltary places, they may fecm rather firfl: intended for the 
 particular defence of fome particular Man and his Family, and 
 - ceighhouring Tenants.?: and therefore in the purveyance for 
 'Calilcs, it feem§ the proper Town.whcrdin it is, is principally 
 liable to that duty, becaufetlicir fafety is more principally in- 
 .terefted i and therefore piizcs there taken, may be paid at a day 
 to ccnic i but in all other, places immediately. Ncverthelefs 
 this Idikd not long, for the Soldiers found out a trick of fa- 
 vouiiug their ownquarl5ers5ard prcferving them in heart agsinfi 
 a baxk vy inter, ,kiip\^itig tlmt at: fiich times it's better to feek 
 for provifion nigh, than to be coiiipelled to feek far off. But 
 this ftratagem was cut off by the next King, who inhibited all 
 ,...: , manner Or purveyance in any other Town, than in the fame 
 Town wnereintheCafile isTeated. This was a charge that 
 was but Temporary and occafional; That which was more 
 lafting and buriiienfomp upoiii.the Subjects, was purveyance for 
 the King, which ncverthelefs cannot be avoided, by reafon of 
 thcgreatnefscf his retinue, efpecially in thofe daysj and if they 
 (hould have their refort to the Market , the fame could not be 
 free to ithc people, for that the firll fervice muft be for the King's 
 hou(hold, and fofwhaf fcraps will be left for the Commons no 
 man can tell. It was therefore necellary for the King's Family, 
 t^'//./i-. frpcr (Q be maintained by purveyance i and to avoid the many incon- 
 cj;-i.<a^. 2. veniences, which migru and did arifein thofe fpoiling times, It 
 was ordained that it lliould be Felony for any purveyor to pur- 
 vey without warrant. 2. That none but the King's purveyor 
 iTiufl purvey for the Kind's houfe,and that he muft purvey only 
 for the King's hoqfe » and to purvey no more than is neccflary i 
 and to pay for the things they take. And becaufc Kings.were 
 oftentimes necellitated for ren:Oval from place to place,purvey- 
 Jf7? I c ,i. ance of carriage was alfoallowed ; and in cafe the Subjeds 
 were grieved,, eitlierby more purveyance tlian was n^cefr»J*'y,or 
 by non payment for. the commodities fo taken, or with compo- 
 fiticnfor the King'sdcbts i for fuch purveyance the ofiendors 
 At: fvp y ^"*^ liiibie to tine and imprifonmcnt. Or if they v^'CiC gncvcd 
 "ej^l cap. I ^y pi-irveyors without warrant, the offender was to be proceed- 
 ed sgamft, as in cafe of Felony. 
 
The goveru^^iiQir 9. Edw. li ? K.i^gi of 2 6j 
 
 Hcthatja-vethinCaJile-guardisffOt iuhle h'' p.iyNiag.Charta, 
 f}jznt of Rent for thatfervicc^ Nor js h&'cvmpellubk to '•■'^'* "'• 
 e/ther^ fo long as he is in the:feri}tce in'the Arf/ij, 
 
 By the ancient cuftom none but a Knight migh?be chnrc^ed 
 with the guard of a Caftle belonging to tlic Kir.g, tor the letter- 
 of thisLawmencionethonly fuchi and tlierefcic to hold by 
 Caftle-guard is a Tenure in Knight-fervice ; and it fceinetii 
 that Rent for Caftle-guard originally was confident with 
 Knight- fcrvicc, and that it was not annual i but promiCcuoully 
 Knights might either perform the fervice, or pay Rent in lieu 
 thereof i and upon occalion did neither, if the King fcnt them 
 into the Held. And )al"lly, that a Knight might either do the 
 fcrvicc in his own pcrfon, or by his Eiqaire, or another ap- 
 pointed by hiiij therqto. . . . ' : ' • M 
 
 l^QKfiighiSiyfior Lord/^'ffor CkHYj^k'mettydanidgtf^ ^^P: -5- 
 irorno Mans vs>ood f})ci\l betaken agjinjlthcorvners con- 
 fent '-) Nor pall any mans Carriages he iaf{en^ if he will 
 pay the hire limited by the Law. ., 
 
 ' . Churdi-hfieh. werejpxerapted frcM«[i;chairg.e. tpche Ring'^ car- 
 ri3ges, meerly in favour to -th& Canon v which ;exempted the 
 goods of the Clergy from fuch Lay- fcrvicc > neverthelefs the 
 complaints of the. Clergy formerly mentioned, (hew (hat this 
 was not duly obf<;rved^ -Knights.and l^or^s , Were difcharged 
 nt'jt'onl^Tor.ihf maifit^p^ncfeairthqir potr> but m^reptincipaljy 
 iJdpaiile they WL^je'puI^ick-rer.yants^-tbr Che dtfence of the King- 
 dom 'irt ttiiie of iVVar <,and theKingdeim wasthcn.equally fer- 
 ved by themielv^s and their equipage,' and their carriages, as a 
 necclfarya'dinanVf thereunto. . 
 
 .'The KiiJgfiMlJJMt^ no' more profit of Felons ijiwdsi 
 than the year andaday^ and the Lord it to' have jhe ^^^' "^ 
 remainder, :^y '" '•■■•-■ - — ^' '■-'^- ^' ''' ' 
 
 Anciently the Lords bad all the eftate of Felons, being their 
 Tenants, and the King had only a prerogative to walle them, ^.^y; , 
 35 a peijjkjf o^pai^ ^)i£Kof, but ^tierwards ihei^ 
 
 Nn 2 mtnt 
 
^6d Tke govern- yHen,^. EdwA^-iKingt of 
 
 mentoft Edw. 2. \ England. 
 
 MagrCharta. ment yeilded unto the King, the year and a days profit to fave 
 Braci. lib.i. the Lands from fpoil > and in continuance of time, the King 
 /j-137. had both the year and day, and waft. Fugitives alfo were in- 
 
 Tnrog.TiCg. the fame cafe, riz. fuch as dcferted their Countrey either in 
 ^'^ /^' time of need, or fuch as fled from the Ttial of Law in crimi- 
 
 nal cafes: for in both cafes the Saxons accounted them as com- 
 mon Felons. Ne.verthelefsthetwo cuftoms of G/(7Cf/ffr and 
 Kent are faved out of this Law by the Statute i the firft where- 
 of faves the Land to the heir from the Lord,and the fecond faves 
 the fame to the heirs males, or for -want of fuch to the heirsFe- 
 males, and to the wife her moity until (lie be efpoufcd to ano-. 
 Vi-;:rog. Kfg- ther man, unlefs fhe (hall forfeit the fame by fornication during, 
 cjf . 14- her Widowhood. And by the fame Law alfo the King had alF 
 
 ^'^^- ^; f ■ '' Efcheats of the -Tenants of Arch-Bi(hops, and Eifliops during^ 
 lit.Ejckcat.n. ^j^^ ^g^ancy as a perquifite. But Efcheats of Land and Tene- 
 ment in Cities-or Burroughs the King had them in ]Hre coroM£y 
 of whomfoever they were holden. 
 
 AlliVears Jljall be dejirojied but fuch as are by. the 
 '^•'^'^•- Scdcoaji. 
 
 The Lieutenant of the Tower of Londonzs itfeemed, claim- 
 ed a Lordfliip in the 7/?^wf/, and by vertue thereof had aU. 
 the Wears to his own ufe, as appeareth by a Charter made to. 
 the City of Lo;«^o«, recited in the fecond Inftitutes upon this 
 Law i and this was to the detriment of the Free-men,efpecially 
 of the City oi London, in regard that all Free -men were to have, 
 right of free paffage through Rivers, as well as through high- 
 ways, and purpreftures in either were equally noxious to the. 
 common liberty \ and therefore that which is fet down under, 
 the example or inftance of the Rivers of Thames and Medway^. 
 contained all the Rivers in England •, albeit that other parts of 
 the Kingdom haA.not the like prefent regard as. the -City of 
 London had. 
 - frf|.-^": The Writ of precipe in capite fhalJ not begr anted of 
 
 any-Free^hold^ whereby a man may be in danger oflfofing 
 his Court thereby^ 
 
 It feemeth that it was one of the opprcflions in thofe times 
 
 that 
 
Tk Cover ft- ^Uet).^. Ed w. i. 2 Kings of 26Q 
 
 fftent of 2 Edw. 2. ^EtjgUfid, 
 
 that ifafuit were commenced in the inferiour or Lords court, AW.C/;<»r<<i. 
 
 con«;erning afreehold. h V^xil oi prdcipe in capite n-\\^\\t hi 
 
 had upon a furmife that the free hold was holden in capite 
 
 which might prove an abfolute deflrudion to the inferiour 
 
 Court, and was the fpoil of tlie demandants cafe \ and there« 
 
 fore I think the Charter of King JohninikQdidi of the word court 
 
 hath the word caufe. 
 
 There JI)ill he but one l^nown weight and mcafure^cjp.iT, 
 and. one breadth of Cloaihs throughput the Realm of 
 England. 
 
 This law of weights and meafures was anciently eftabliflied 
 amongft the Saxons, as formerly hath been (hewed, and con- 
 tinued in the Normans times, and confirmed by Kichardiht^^^ ^"^^^'^ 
 firrt and King John. A.nd as touching the meafure of the breadth 
 of Cloaths, although it might feem to abridge the liberty of 
 particular perfons, yet becaufe it was prejudicial to the com- 
 mon trade of the Kingdom, it was fettled in this manner to 
 avoid deceit, and to eftabli(h a known price of Cloths. And it 
 feemeth that Wine was ordinarily madein E«g/jWas well as 
 Ale i otherwife the meafures of Wine could not have been efta- 
 bliOicd by a Law in England, if they had been altogether made 
 in other Countries. 
 
 Inquifition of life and mentbcr fliall be readily grant- 
 ed without Fees. ^^P- iS, 
 
 It was a Law of later original , made to take away a Nor- 
 man oppreflion i for by the Saxon Law, as hath been already 
 noted, no man was imprifoned for crime (cot bailable^ beyond 
 the next County-court or Sheriff's Torn ', but when thofe ru- 
 ral Courts began to lofe their power, and the King's Courts 
 todevour Trials cf that nature j efpecially by the means of 
 the Juftices itinerant^ which were but rare, and for divers ye^rs 
 many times intermitted, during all which time fuppofed of- 
 fenders muftlie in Prifon, which was quite contrary to the 
 liberty of the Free-men amongft the Saxons \ it occafioned a 
 new device to fave the common liberty by fp(^cial Writs fued 
 
 out 
 
2 70 Tl^e Govern* J Hen. 5. Edv^J. f . ^Khigs of 
 
 »i^rM 
 
 J^lag.ChjH^, o^i ":^y chcpaity irriprifcried or undtr bail , fuppolirig himfelt' 
 c^ivrniBvcnrcd by hatred ar-d malice > and by the fame directed 
 to the Slicrirf and others, an inquilition was taken and trial 
 made of- the offenre, whether he deferved lofsof -Jife or niem- 
 bcr J and if it were found for the fuppofed offender he was 
 bjilcd till the next coming of the J u It ices : and for this the 
 Writ was called the Writ of inquifition of life or member^ and 
 fometimes the \Vrit de odio 6" atia. But thef: inquefts were 
 foon bccoiiie degenerate ^ and fubjedt to much corruption,and 
 
 '"j^.r.cap.ii theicfore as foon met with a countercheck from the Law. Or 
 firlt rather a regulation i for it was ordained that the Inqueli: 
 flioulti be chofen upon oath > and that two of the Inqueit at 
 the leaft ihould be Knights,ar.d thofe not infereffed in the caufe; 
 
 Ghctjl.cap.^. hut yet this could notre(i^iHe the matter, for it Teemed fo im- 
 pollibletodo Jurtice, andthew mercy this way, that the Writ 
 is at length taken away i and men left to their lot till the com- 
 ing of Juftices itinerant. But this could not be endured above 
 
 WeH. 2 c.ic,. ^even years i for tliough the King be a brave Soldier , anci 
 profperous, yet the people overcome him and recover their 
 
 cap.z^. \\ nts de odjo& atia zg-3dVi. 
 
 Lor.ds Jb^dlh.ive the Warclfiips of their Tenants heir s^ 
 although they hulddjoof theKiag in Petit Serjeanty, 
 Socage^ Burgage^ or Fee- Farm. 
 
 Inferiour Lords had the fame right of Wardtliips with the 
 King for their Tenures in Knight-fervice, althongh their Te- 
 nant^did hold aUb of the King, unlefs they held of him in 
 K^hi^ht'-te'ryice.,. which tvas a'&vice done by the Tenant's own 
 perron'^ or 8y tlieperfonof his E,fquire," or othet deputy in his 
 Head i but as.touching fuch fetvice as was wont to be done to 
 him by render or 'ferving him with Arms, or other utenllls 
 
 Glanv. lib, 7 . 
 
 cap. 10. 
 
 this was rio fenigtif ferviee , ' though'^ fuch utenllls concerned 
 i^^ar, but' \yas' 'called fetit S'erjeaiity^ 'as in the Law-books doth 
 Ip'p^r;; 'S^veVrtieiersHfwj; the third had ufufped Wardlhips 
 in'fuch cafes' 'alfo, and the fame amongft others occafioned the 
 B axons Wars. 
 
 : ']<!o?Jnd^e.f'M^CQ^m}el to confefs mnter 
 
 '^ ' "" ■ ■ - againfk 
 
The Govern- J Hen. 5. Edw. i. ) Kings (f 271 
 
 went of L Edw. 2. \ England. 
 
 againjl himfclf T(pon oathwJthoHt cofupitivt firjl midc Mag.Charta* 
 agaitjjl hJM. Nor Jli.tU receive any coMplaint ivithof/t 
 prcfcnt proof* 
 
 Tliis Law in the Original is fet down in another kind of 
 plirafc in the hrfi: part thereof, which is obfcure by reafon there- 
 of : in cxprcfs words it is tlius , No Jndge lliall coinpel any 
 man ad tepcm manifeliam , which implieth that thiC matter 
 was othcrwife obfcure if the party tliat was complained of or 
 fufpedcd did not maniteft the fame by his own declaring of 
 thetruth, or matter enquired after, and therefore they ufed in 
 fuch cafes to put him to Oath, and if lie denyed the matter, or 
 acquitted liimfclf, the Judge would fometimcsdifchargehim,or 
 orher wife put him to his compurgators > and this was called 
 lexnuaife'iia^ ot lex apl^areni : and it was a trick hrft brought 
 in by tiic Clergy. and the Temporal judges imitated them there- 
 in •, and this became a (narc and fore bur theilito the Subjed"s. 
 To avoid whicii, they con)plain of this new kind cf Triah 
 and for rcm,cdy of this ufurpation, this Law revivetK and efta- 
 bliflieth the only and old way of Trial i for ClanvH faith , Ob 
 i ifjuiiam Konfolet JHXta le^em terr£ alicjuis per lerrem apparent em _ „ - 
 fc purgare^ nifi print convittus fuerit vel cotffejfus in curia : and ''^'^'^"J'''^^* 
 therefore no man ought to be urged upon fuch difficulties imlefs 
 by the exprefs Law of the Land. The old way of Trial was 
 firft to bring in a complaint and witneflcs ready to maintain the 
 fame •■> and therefore both appeals and adions then ufed to 
 conclude their pleas, with the names of witneffes fub-joyncd, 
 which at this day is implied in thofe general words , in their 
 eonclufions, E» indeproducit fe&am /«jw,that is, he brings his 
 fed or fuit, Or fuch as do follow or affirm his complaint, as ano- ScJJ. fupc:- 
 thcrpart alfo is iinplied in thofe words, Et hoc pavatus ejt veri- lUnghain. 
 jicare. For jf the Plaiptilfs fed or fuit of witneffes, did not 
 fully prove t!ic matter in fad, the Dcfcndatit's averm.ent was 
 made good by his own Oath,aDd the Oaths of twelve men. and 
 fo tlie Trial was coixluded. 
 
 '•'? ^rec-w4nfj4!l be impnfcttcd or dijfeifed of Us.^ax-^i, 
 
 Free- 
 
2J2 TheGovern-^Hen,^. Edw, i. ^Kwgs of 
 
 went of "^ Edw. 2. ^ EtJgland, 
 
 Mag.Charta, free-hold or liberties^ outlavped^or banified^ or invaded 
 hat by the Law of the Land^ and judgment of his Veers* 
 Nor Jljalljyjiice be fold^ delayed or denyed. 
 
 It's 2 comprehenfi ve Law, and made up of many Saxon Lawsi 
 or rather an enforcement of all Laws, and a remedy againd op- 
 prellion, part, prefent, and to come s and concerneth firft the 
 perfon,then his livelihood i as touching the perfon, his life and 
 his liberty, his life (liall be under the, protection of the Law 
 and his liberty likewife, fo as hediall be (hut into no place by 
 imprifonment, nor out of any place by banifhment, but (hall 
 have liberty of ingrefs and egrefs. His eftate both real and 
 perfonal, fliall alfo be under the prote<flion of the Law^and the 
 Law alfo fhall be free, neither dcnyid nor delayed. I think it 
 needlefs to ftiew how this was no new Law, but a confirmation 
 of the old, and reparation added thereto, being much, Impair- 
 ed by ftormy times j for the fum of all the foregoing difcourfe 
 tendeth thereto. 
 
 Merchants Jfjall have free and fafe pajfage and trade 
 without unjufi Taxes^ as by ancient cuftom they ought, 
 Intimeof IVar fuchas are of the Enemies Countries 
 ■ffiallbe fecured tjllit appear how the Enghfi Merchants 
 are ufedin their Countries. 
 
 That this was an ancient Law the words thereof (hew , be- 
 tides what may be obferved out of the Laws of JEtheldred.zvA 
 other Saxon Laws. So as it appcareth that not only the Eng- 
 li(h Free-men and Natives had their liberties afierred by the 
 Law, but alfo Fora'igners,if Merchants,had the like liberties for 
 their perCons and goods, concerning trade, and maintenance of 
 the fame i and were hereby enabled to enjoy their own under 
 theprotedion of the Law, as the Free- men had. And unto this 
 Law the Charter of King John added this enfuing. 
 
 It fliall be lawful for every Free-man to pafs freely to and 
 
 from this Kingdom, faving Fealty to the King, unlefs in time 
 
 of War i and then alfo for a fliort fpace, as may be for 
 
 .the common good, excepting prifoners , outlaws, and thofe 
 
 Country 
 
 cap. I 
 
The govern- jUcn. :^.Edw. I. ■> King f of 273 
 
 metftofi Edw. 2. \ Effgland. 
 
 Country-men that are in enmity, and Merchants who (hail be Mag.Cbarta^ 
 dealt with as aforcfaid. 
 
 And it feemeih that this Law of free palTage out of the King- 
 dom, was not anciently fundamental , but only grounded up- 
 onreafon of State, although the Free-men have liberty of free 
 paffage within the Kingdom according to that original Law, 
 fit pax publica per communes vias y and for that caufe, as I fup- 
 pofcjt was wholly omitted in the Charter of Hertry the third, 
 as was alfo another Law concerning the Jews , which becaufc 
 it left an influence behind it f after the Jews were extind in this 
 NationJ and wiiich continueth even unto this day, I (hall infcrt 
 it in thisfliort fum. 
 
 Jfter death of the Jcpe>*s debtor no ufury (hal he paid^during the 
 minority of the heir ^though the debt fhall come into the King's hand. 
 And the debt Jl^ali bepaid^faving to the Wife her Vorver and main- 
 tenance for the children^ according to the quantity of the debtors 
 Land^ and faving the Lord's fervice \ and in like manner of debts 
 to others. 
 
 The whole dodrine of ufury fell under the Title of Jews ', 
 for it feemeth it was their Trade, and their proper Trade hither- 
 to. It was Hrft that I met with, forbidden at a Legatine Coun- Concil. Era. 
 cil nigh 300. years before the Normans times : but by the Con- ^99- 
 feffbr's Law it was made penal to Chrirtians, to the forfeiture 
 of eftate, and banifhing •, and therefore the Jews and all their 
 fubftance were holden to be in nature of the King's villains,as 
 touching their eftate, for they could get nothing, but was IhiJ.6i^. 
 at his mercy ■■> and Kings did fuffer them to continue this Trade GlanvM.7: 
 for their own benefit, yet they did rcgulateit ^s touching in- ^'^f- '^^ 
 fants, as by this Law of King John^ and . the Statute at MertoH 
 doth appear i but Henry the third did not put it into his Char- M Paris, 
 ter,as I think, becaufe it was no liberty of the Subje(3s, bur ra- ^n. isrV 
 ther a prejudice thereto •, and therefore Ee/rr^r^ the firft wholly ^(n-tun cap.j, 
 took it away by a Statute made in his time, and thereby abo- •^''»*- '^^ ^' 
 iiflied the Tews. ^'^f t-^«. i ? 
 
 £.1. 
 
 Tenants Lands^ holden of Lands efcheated to the 
 
 Kitfgy JIhU hold by the fame fervices fis formerly, ^ ^ ' 
 
 Oo In 
 
P74 ^^^^ gaixern- ^Hen.5. Edw.i. 1 Kings of 
 
 tJter^t oft Edw.2. i Et7gUnd, 
 
 Mag.Charta, In all ah'e?tatio»s of Lands fnffickHt Jhall be left for 
 ^■"P- 5 1 • tk Lord's dijirefs, 
 
 Trerog. Reg. Submitting to the judgement of the learfied, I conceive that 
 cap. 7. as well in the Saxon times as uptil this Law,any Tenant might 
 
 alien only part of his Lands, and refer ve the fervices to the 
 alienor, becaufe-he could not referve fervice (upon fuch alie- 
 nation J unto the Lord Paramount,other than was formerly due 
 to him, withoy t the Lord's confent, and for the fame reafon 
 ^uld they not alien tlie whole Tenancy, to bind the Lord 
 Without his exprefs licenfc, faving the opinion in the book of 
 roafr.pl 17. Affiles, becaufe no Tenant could be enforced upon any Lord, 
 left he might be his enemy. Neverthelefs, it feemeth that de 
 faVto Tenants did ufually alien their whole, Tenancy > and aU 
 though they could not thereby bar the Lprd'^ right, vyet becaufe 
 the Lord could not in fuch cafe have the dif^refs of his awn 
 Tenant, this Law ferved fo much from alienation , as might 
 fervc for fecurity of the Lord's diftrefs. But Tenants were not 
 thus fatisfied j the Lords would not part with their Tenants, 
 although the Tenants neceffity was never fo urgent upon them 
 to fell their Lands i and therefore at length they prevailed by 
 i%FJv3..i. ■ theStatuteof ^/^fw/i/orfj- to have power to fell all, faving 
 Ta^^/w.j. <^. I. to the Lords their fervices formerly due > a,nd thus the Lords 
 were neceffitated to grant licenfes of alienation to fuch as the 
 Tenants could provide to buy their Lands. Nor was this 
 fo prejudicial to the Lords in thofe days , when the publick 
 quiet was fettled,asit wpuld have been in formqi tinges of War, 
 wheij as the Lord's right was maintained more by might and 
 the^l^of |)^^^aj}t$,t]?^nby Law, ,whicU then was of little 
 
 cap ■>< '^^^ 55'^- Chapter I have foriiierly mentiojied ifi t^cGhap- 
 
 ' * terconcejfningthe Glagy. ■ . .. 
 
 cap' 3 <?• ]S[o ffim flAtl he appealed by a Xfdmdn fot t.h death 
 
 of any but her own husband. 
 
 The right of appeal is grounded iipop the greateft intere(l« 
 Now becaufe the wives intereft feemeth wholly to be fwalloWed 
 
 up 
 
The govern- <lien.^,,Edw. 1.7 KifJ,(^s of 275 
 
 r/tent cfl Edw.2. ' yEkgfahcI. 
 
 up in her husband i therefore fbe (hall have an appeal of the Mag. Cbarta 
 
 death of him only j and fuch alfo wa5 the Law in ClanvWi 
 
 timc.How far this point of interefl (hall extetid to the degrees 
 
 of confanguinity, the Norman Law forrnerly hath (hewn. Ard PjJ^U 
 
 agaiall whom Appeals did lie, the Statute af We^xm'm^tr tells/^-^f i <:jtJ.i4. 
 
 us, r/«. not only againit the principal, but alfo again(^ acccfTo- 
 
 ries? yet not againft them till the principal be attainted. And 
 
 bccaufe it was ordinary for men of nought to appeal others in 
 
 a malicious way, it was by another Law ertabli{hed, that if the iT"-fi '-.cap.i^ 
 
 party appealed was acquitted, the appealer (hould not only 
 
 render damages, but be imprifoned tor a year. 
 
 The Counts-court paU beholden at the vcontedtime. 
 
 The Torn JJjaU be holden at the accujiomed place twice ^^^' ^ ^' 
 in the year^ viz. 4/iferEafter 4»^Michadmas. 
 
 The view of Fran^-pledges fiaU be holden at Micha-» 
 elmas. 
 
 Tbe sheriff fial/ not extort. 
 
 The Sheriff's Courts had now loft fomewhat of their jurif- 
 didion, though for time and place they are confirmed fiatu quoy 
 to the end that through uncertainty thereof the fuiter might 
 not make defaults, and be amerced i yet they loft much of their 
 refpedt within the compafs of thefe few years by two Laws,the Merton c 10 
 one of which made at Merton^ allowed all fuiters to the rural 
 Courts to appear by proxy or Attorney, which it feemeth had 
 power to vote for the mafters, in all cafes publick and private i 
 and did not only themfclves grow into parties and maintenance 
 of quarrels,and fo fpoiled thefe Courts of their common Juftice, 
 but rcndred the Free* men ignorant and carelefs of the common 
 good of the Country, and given over to their own private inte- 
 reft. And though the corruption of Juftice was foonfeir, and ^^C/?•I•^*^^5 3 
 againft it a Law was provided, z^/z. that the Shcriflfflinuld not 
 allow of fuch corrupt Attorneys i yet this was no cure to the , 
 
 Free-men5who wereftill fuflfercd to wax wanton at home,albeit 
 that they were difcharged from doing their fuit in all other ^'^'»''^^' ^^-J^* 
 Hundreds but that wherein they dwell. The fecond Law that 
 took away much honour from thefe Courts was that Law at ^^'^* 
 
 Oo 2 Marl' 
 
2']6 The govern- I Hen. 5. Edw.l. 5 Kings of 
 
 ment of I Edw. 2. ^England. 
 
 yUg.Charta, Marlbridgethzt difcharged the Baronage of 'En^Und^ and the 
 Clergy from their attendance at fuch fervice, and this alfo open- 
 ed the door wider to opprellion> for where greatneis is, it carri- 
 eth therewith honour from the meaner fort, and a kind of 
 awe and (top unto the minds of fuch men that other wife would 
 riot without reftrainti and though it might alfo be faid,that 
 the preilnce of great men in fuch Courts would overfway the 
 meaner, and make ftrong parties i yet it muft alfo be acknow- 
 ledged, that thefe parties being greater are the fewer , and do 
 not fo generally corrupt all forts , as the corruption of the 
 meaner fort doi it's faid by the wife man , where the poor 
 opprefs the poor it''s like a raging rain that leaves no food. 
 The laft branch in this Law is an inhibition to the Sheiiff 
 from extortion •, and furely there was great need , and much 
 more need than ever, now that the Lords and Clergy are ab- 
 fent. It was thought that the great occafton of the Sheriff's 
 oppreflion was from above, I mean from the King that raifed 
 the values of the Farm of Counties granted to the She- 
 ^rtk. fup. riffs , (for in thofe days Sheriffs gave no accounts , as of 
 f^r/.ffif.is.M-latertimes they have done) and therefore the Charter of King 
 Stat.de vtce- John.hctwccn the 17*^. and i^th,chap. inferteth this claufe,Ow- 
 cum. K^n. 9 ^^j. Comitat. & Hundred, lVapentag.& 'tretbingi fmt ad antiquas 
 ^'^* firmas abfjueuh htcrementoexceptis Vomiuicis Maneriis nojiris. 
 
 But this did not work the work , although it took away 
 occafion, for the humour was fed from within, and turned to 
 a fore upon that place that could never be cured to this day. 
 Nor could the wifdom of times find other help to keep the 
 fame from growing mortal, but by fcanting the dyet , and 
 taking away that power and jurisdidion which formerly it 
 enjoyed. 
 cap. 37. The ^yth. Chapter hath been already noted in the Chapter 
 
 of the Clergy next foregoing. 
 
 Ffcuage fiall be taxed as voas vpont in the time of 
 ' Henry the fccond. 
 
 The Charter of King J^hn hath fuperadded hereunto this 
 enfuing provillon, There (hall be no Efcuage fet in the King- 
 dom, 
 
Thi Govern:- ^Hen.'^. Edw.i.yKwgs of 2J7 
 
 went of 2. Edw. 2. ^EK^UtJcL 
 
 doras, except for the redeeming of the King's perfon, making Mag.Charta. 
 
 of hiscldeftSon a Knight, and on marriage of Iiis elddt 
 
 Daughter > and for this there fliall be only reafonablc aid. 
 
 And in like manner (hall the aids of the City of London be fet. 
 
 And for theafllllingof Efcuage we will fummon the Arch- 
 
 Bilhops, Biihops, Abbots, Earls , and greater Barons of the 
 
 Kingdom, fpecially by our feveral Writs, and will caufe to 
 
 be fummoned in general by our Sheriffs and BailitTs ail other 
 
 our Tenants in capite^ to be at a certain day after forty days at 
 
 the lea(i, and at a certain places and we will fet down the 
 
 caufe in all our Writs. And the matter at the day appointed 
 
 fliall proceed according to the counfel of thofe that fhall be 
 
 prefent, although all that were fummoned do not come. And 
 
 we will not allow any man to take aid ot his Free-men, unlcfs 
 
 for redemption of his body , and making his eldell Son a 
 
 Knight, and one marriage for his eldeit daughters and this Qiall 
 
 be a reafonable aid only. 
 
 Thusfar the Charter of King John concerning this point 
 of Tax or AlTefTment i and if the Hiftory faith true, the Charter 
 of Henry the third was one and the fame with that of King ^ p^^-^ 
 John^ihtn either this was not left out in Henry the third's Char- 
 ter, in that Hiftorians time i or it it was omitted in the origi- 
 nal, it was fuppofed to be included in the general words of 
 the Law, as being accuftomed in times part i and then thefe 
 particulars will be emergent ; Firft, that the AWs and Efcuage 
 in Henry the firlt's time, were aflcfTcd by the fame way with that 
 in this Charter of King Jobn\ for that all the quarrel between 
 the Lords and King John^wis concerning the Charter of Henry ^^^- ^"^tf- 
 the tirU, which the Lords fware to maintain. Secondly, that *" " '■^^' 
 neither Aids no. Efcuage were granted, or legally taken, but \^^l'j. 
 by Ad of Parliament , although the rate of them was fettled cL. c. 
 by common cullom , according to the quantity of tlicir Fee. 34 VJva. r. 
 Tiiirdly, thatfome Pailianjents in thofe times as concerning ir.^f. i. 
 fuch matters, confifted only of fuch men as were concerned by ^^'>'''« *• '^ 3<^« 
 way of fuch charge, by reafon of their tenancy, for Efcuage only 
 concerned the Tenants by Knight's-fervice i and therefore thofe 
 only were fummoned unto fuch Parliaments as only con- 
 cerned 
 
278 Tbe Goverfi' ^Uen,::^- Edw.i.^KJKgs of 
 
 mcnt of l Edw. 2. jEf^lanci, 
 
 Mag.Charta. cerned Efcuage i nor had the City of Lojsdon, nor the BurgeiTes 
 right to vote in fuch cafes, it is faid/'.2 58.And thus the Forell 
 Laws that were made in tliC time of Kick i . were made by the 
 
 I-hv.dcn. 445. confent of Arch Billiops, Bifhops, Abbots, Earls, Barons, and 
 Knights of the whole Kingdom i for what the great men gain- 
 ed, they gained for themfelves and their Tenants. And the truth 
 is, that in thofe times, although publick damage concerned all, 
 yet it was ordinary for Kings to make a fhew of fummoning 
 Parliaments, when as properly they were but Parliamentary 
 meetings of fome fuch Lords, Clergy, and others, as the King 
 faw moft convenient to drive on his own defigni and therefore 
 we find that Henry the third about the latter part of his Reign, 
 when his government grcv/ towards the dregs , he having in 
 the Kingdom two hundred and fifty Baronies, he fummoned 
 
 Glnjj ttt. j^^pfQ Q^Q Qf fl^gj'g Parliamentary meetings, but five and twenty 
 
 Baruii. Barons, and one hundred and fifty of his Clergy. Nevenhe- 
 
 lefs, the Law of King John was ftill the fame, and we cannot 
 rightly read the Law in fuch Precedents, as are rather the 
 birth of will than reafon. Fourthly, that no aids were then 
 granted, but fuch as pifTed under the Title Efcuage, or accord- 
 ing thereunto i for the words are, No Efcuage J}:allhe demand^ 
 ed^ or granted^ or tak^Hy but for redeeming the King's perfon^ 
 Knighting of his Son^ or Marriage of his Daughter. Nor is the 
 way of affellingin thefe times different, favingthat inftead of 
 all the Knights, two only are now chofen in every County i 
 the Tenure (as it feemeth)firft giving the Title of that order, 
 and both Tenure and order now changed into that Title taken 
 up for the time and occafion.Fifthly,that it was then the ancient 
 cullom, and fo ufed in the time of Henry the firft •, that the 
 advice of thofe then prefent, was the advice of the whole, and 
 that their advice paffed for a Law without contradidion, or 
 notwithfianding the King's negative voice i for the words are, 
 7he matter at that day Jhall proceed according to the counfel of thofe 
 that Jhall be prefent^ although all do not come j and therefore that 
 claufe in the King's ozih^quas vitlgus eligerit^m^y well be under- 
 ilood in the future, and not in the preter-tenfe. Laft of all, 
 though not gathered fiom the Text of this Law, whereof wc 
 
 treat, 
 
The Govern- ^ Hen. 5. Edw.i. > Ki^gs of 279 
 
 ment of \ Edw. 2. \ England, 
 
 treat, yet being co-incident with the matter, it is obfcrvable, Mj^.C/('Jrtj' 
 that though the Clergy were now in their ruffle, and felt 
 thennfelvcs in their full ftrength i yet there befel d poiiure of 
 fiatethatdifcovered to the World , that the Engli(h held not 
 theintereil: of the Clergy to be of fuch publick concernment, 
 orneceiTary concurrence in the government of the Kingdom, ]^'aifinz 
 as was pretended. For the Clergy fanding aiTcflments of the ^«. 1297. 
 Laity fo heavy , and that occafions of publick charge vvere 
 like to multiply daily , they therefore to fave the main /lock, 
 procured an inhibition from 'Kome^ againll all fuch impolltions 
 from the Laity , and againft fuch payments by the Clergy i 
 aud in the ftrength of this they abfolutely refufed to fubmit to 
 aid Edward the tirft by any fuch way , although all the Parlia- 
 ment had thereunto confented. And thus having divided 
 themfelves from the Parliament , they were by them divided 
 from it i and not only outed of all privilege of Parliament, 
 but of all the privilege of Subjcds, into the Hate oi pr£mnmre'. 
 and thus fet them up for a monument to future times , for 
 them alfo to ad Without the confcnt of thofe men, as occalion 
 fhould oifer. ?>ui Henry i^d. not fatisfted with this ancient and 
 ordinary way of affeffment upon ordinary occalions , took up 
 that extraordinary courfe of aflclTment upon all the Free-men 
 of the Kingdom, which was formerly taken up only in that 
 extraordinary occafion of redeeming of the King's or Lord's 
 perfon out of captivity , and common defence of the Land 
 from piracy^ and under the Title of Daneguelt,which was now 
 abfolutely dead,and hanged up in chains as a monument of op- 
 prellion. Neverthelefs, it cannot be denycd but that in former 
 times the Free- men were as deeply taxed, if not oppreflcd with 
 payments to their Lords at fuch times as they were charged 
 over to the King in the cafes aforefaidj as by the latter words 
 of the Law atorefaid of Ring John doth appear, and whereby 
 it's probable that the inferiour Lords were gainers. The con- 
 clufionof the Charter of Henry the third (the fame fuiting 
 alfo with the third obfervation foregoing^ doth not a little 
 favour the fame » for it's exprefly fet down that in lieu of the 
 King's confirmation of theCh^irterof liberties aforefaid , not 
 
 only. 
 
a8o 1 he Gover/i ^Htn.^. Edw»l*i Kings of 
 
 mentoj 5 Edw. 2. ^England, 
 
 hUg.Charta, oD\y \.\\Q \xc\\ Bi(hops, Bifliops, Abbots^Priors, Earls, Barons 
 and Knights, but alfo the Free-men, and all the Kingdom gave a 
 Hfteenth of all their moveables. 
 
 And thus have 1 fummed up and compared both the copies 
 of the grand Charters of England'^s liberties (faving two parti- 
 culars inferted into the Forcft-Lawsof Henry the third, wherein 
 if any thing had been new and unrcalonable. King JohHn\\^\\t 
 have colour to except againrt them as extorted by torce , and 
 r,r p^^.-^ Henry the third might ( as he was advifed J plead nonage, and 
 ^ii. iiry. ^*^ ^'^^y n^Jgbt have been choaked in their birth ••> but being all 
 cn>ifuetHdinei^z%\Y\ theconclulion they are called i and Kings 
 afhamed to depend upon fuch frivolous exceptions , it may be 
 wondred what might move them to adventure fo much blood- 
 (hed, and themfelvcs into fo many troubles to'avoid their own 
 a<lts, unlefsthe writing of them were an obligation acknow- 
 ledged before the World \ and they refolving fecretly to be un- 
 der none, were loth topublith the fame to all men. It's a 
 llrange vanity in great men to pretend love to Jufticc, and yet 
 not indure to be bound theretci when as we fee that God him- 
 felf loves to be bound by his word, and to have it pleaded, be- 
 caufe he delights as much to be acknowledged true in perform- 
 ing, as good in promifmg. But neither was King John or Henry 
 the third, of this (pirit i fain they would undo but could not. 
 It's true, it was at the fir ft but a King's Charter of confirmation, 
 and had Kings been patient therewith, it might have grown no 
 big^ger-, but by oppofition it rooted deeper and grew up unto 
 ^ ,, the itature of a Statute, and fettled fo faft as it can never be 
 
 ' ^ voided but by furrender from the whole body. 
 
 Having thus fummed up the liberties of the Subjects and Free* 
 men of England vmdei this Charter , I fliall make fome appen- 
 dix hereunto, by annexing a few additionals in thefe times efta- 
 blilbed i and although they come not within the letter of the 
 giand Charter,yet are they fubfervient thereunto. And firft con- 
 cerning the King-, and this cither as he is King, or as he is Lord. 
 As King he had thefe prerogatives above all Lords. 
 
 J«ro^.'%. 2 he Kwgfiall have thecufiody of Fools and ideots 
 ^*^' ^' Lands 
 
The govern- <llsn.^. Edv/,i,lKiftgs of 281 
 
 mcMt of I Edw. 2. r England. 
 
 Lands for thdr maintenance^ ana fl} all render the fame 
 to their heirs. 
 
 And concerning m^d-nten dnd lun^iichj^ the King 
 f/jall provide a Bailiff for their maintenance^ rendring "'^* *°' 
 account to them vfhcn they are foher^ or to their admwi- 
 Jlrators. 
 
 It is no kfs liberty or privilege of the people that Fools and 
 mad perfons are to be ordered by Tutors, than Children, and 
 therefore this may be annexed to the reft of the liberties as well 
 as the other. Neverthelefs, it feemeth that the Laws took 
 them into their regard, in xefped of their eftates, which might 
 be abufed to the prejudice of the publick , rather than out of 
 refped had to their perfons. Now becaufe there is a difference 
 between the difability of thefe perfons, the one being perpe- 
 tual, the other temporary itheretore is there alfo by thefe Laws 
 a difference in the difpofal of their eftates i for the Tutor had 
 a right in the difpofing of the one, and but a bare authority or 
 power in providing for the other. Secondly, the perfon of 
 the Tutor is to bcconfidered: Anciently it was the next kind- 
 red, grounded, as I conceive,upon the natural affedion going 
 along with the blood \ and this fo continued in cuftom until 
 thefe times: for though the M/ror 0/ J»/?/ce faith, that Henry 
 the tirft brought in that courfe of giving the cuftody of thefe 
 difabled perfons to the King, as hath J)een formerly obferved, f JA^: 
 yet Bradon that wrote long after the time of Henry the firft, 
 fpeaking of thefe kind of perfons faith, 'Talibtn de necelJitate ^*'^^-^'*'-^- 
 dandusel} tutor vel curatory not fo much as mentioning the *^''''' "°' 
 King in the cafe. And in another place, fpeaking of fuch as . 
 zrtalieni /«r//,faith, that fome are under the cuftody of their *"'^''^'^'^' 
 Lords, and others under their parents and friends. But let the 
 time of the entrance of this Law be never fo uncertain , it's 
 now a declared Law, that the King in fuch cafes is the comm.on 
 Curator or Tutor of all fuch perfons, as he is a chief Juftice, 
 rendring to every one his right, 
 
 The King fjjall have the IVreckj of the Sea, Vrerog. Reg 
 
 Whatftiallbe called a Wreck, the Statute at ire(i. i. decla- ^ffv,"- 
 
 rp rcth 
 
282 The govern- ^Hen.5. Edw.l. > KJttgs of 
 
 fMCKt of I Edw. 2. \ England. 
 
 reth, viz. where the (hip fo periiheth that nothing therein efca- 
 peth alive \ and thefe are rather in their original committed 
 to the King as a Curator, than given him as a proprietor, al- 
 though that cuftom hath fince fettled a kind of right, which 
 may perhaps be accounted rather a Title by eftoppcl. For the 
 fundamental ground is, that the right owner cannot be mani- 
 fefted , and therefore the King fliall hold it j and if the right 
 owner can be manifefted , the King (hall hold it till the owner 
 doth appear. 
 
 Marlb.cJp''i7 The heir in Socage-Tenure ^ fhall have an A&ion of 
 Wafi^ and an account againji his Guardian for the pro* 
 fits of the Lands and Marriage, 
 
 The heir in Socage being under Age (hall alfo be under cu- 
 •^'''^^''^'''^•^' ftody of fuch guardian of the next kinred, who cannot chal- 
 cap. 37. lenge right of inheritance in fuch Lands fo holden, as if the 
 
 Lands defcended from the Father s fide, the Mother , or next 
 of the kinred of the Mothers fide Ihall have the cuftody i and 
 foif the Lands defcend from the Mother, the Father , or next 
 kinred of the Father's fide (hall have the cuftody. And this 
 cuI>odybringeth with it an Authority or power only , and no 
 right, as in cafe of the heir in Knight-fcrvice i and therefore 
 cannot be granted over as theW ard(hip inKnight- fervice might, 
 but the guardian in Socage remaineth accomptant to the heir, 
 for all profits both of Land and marriage. The full age of 
 Tenant in Socage, is fuch Age wherein he is able to do that fer- 
 vice, which is 1 4 years, for at fuch Age he may be able by com- 
 mon repute to aid in Tillage of the groui\d,which is his proper 
 fervice. But the Sun of a Burgefs hath no ftt time of full Age, 
 but at fuch time as he can tell money, and meafure cloath, and 
 fuch work as concerns that calling. 
 J^IirtoH.c.i. Widows deforced of their Domr of Quarentine.fiaS 
 by AU'ton recover damages till they recover their Dower, 
 They Jhall alfo have power to devife thetr crop ariftng 
 
 €ap\o! ' ' It was ufed that the heir Ihould have the crop with the Land, 
 ^ but 
 
The goverff' jHen.^. Edw.l.l Kings of 283 
 
 went cfi Fdw. 2. ^ Ertgltrd, 
 
 bur this Statute ahcred that former ufage, anu yet fiVvu liie 
 Lord's liberty todilhain if any fcrvices were due. 
 
 Writs de confimili cafu gratited in cafes ih't fal^jYcR.t c.i^. 
 under the fame Law. and need tLe fame remcdy^arfd ju.h 
 Wrifs^pall be madr- by agrctmrvt of the Clerics in the 
 Chircery., and advice of juih as are skilful in the L txv. 
 
 It was rone of the meancli liberties of the Free- men ot £>?g- 
 lattd.^ thar no Writ* did ilTue forth againft them , but fuch as 
 were anciently in ufcjaiid agreed upon in Parliament. And it 
 was no lefs a grievance and juft caufe of complaint, that Rings 
 ufed to fend W rits of new imprcflicn to execute the dictates of 
 their own wills, ard not of the Laws of the Kingdom, as the 
 con.plaints of the Clergy in the times o^ Henry the third do ^. Pj„v ail- 
 witnefs. Neverthelefs, bccaule many mens cafes, befel not di- Jtt.x^rtic.^^. 
 rcdlly within the Letter of any Law for remedy, and yet were 
 very burthenfome, for want of remedy it's provided by this 
 Law, that in fuch emergent cafes that do befal within the in- 
 convenience, (hall be comprehended within the remedy of that 
 Law. 
 
 Aid to make the Son of the Lord a Knight, and to 
 vtarry his eldeji Daughter. JIj a II be affeffed after the rate ^'^cjl.i.caf.i^ 
 of twenty fhtllings for a Knjghts Feet, and twenty finl* 
 lings for 20 pounds in yearly value of Socage-Tenure, 
 
 The uncertainties of Aids are by this Law reduced and fettj* 
 ed, as touching the fum, and thereby delivered the people 
 from much opprellion , which they fuffered formerly. Nor 
 was only the particular fum hereby, but alfo the Age of the 
 Son when he was to be made a Knight, viz. at the age of 
 fifteen years i too foonfor him to perform Knight- fer vice, 
 but not too foon for the Lord to get his money. And the 
 Daughter likewife was allowed to be fit for marr jage at feven 
 years of Age, or at leaft to give her confent thereto , albeit 
 that in truth (he was neither ht for the one or other; and 
 therefore it murt be the Lord's gain that made the Law , and 
 it was not amifs to have the aid betore hand , though the 
 
 Pp 2 mar- 
 
384 ^^^ govern- f Hen.3. Edw.1. 1 Kings of 
 
 went of I Edw. 2. y England, 
 
 marriage fucceeded not for many years after i and if the Lord 
 died in the interim, the Executors having afTets paid it, or o- 
 therwife his heir. 
 
 CHAP. LXVIII. 
 
 of Courts^ and their proceedings, 
 
 B Elides the Courts of Jufticcs itinerant , which were anci^ 
 ent as hath been faid , other Courts have been raifed of 
 later birth, albeit even they alfo have been of ancient confti- 
 tutions , and divers of them itinerant zMo^ and fome of them 
 fettled in one place. The work of the Juftices itinerant was 
 univeifal, comprehending both the matters of the Crown and 
 Common- pleas. That of oyer and terminer is only of Crown- 
 pleas originally commenced, and enquired of by themfelves, 
 and granted forth upon emergent crimes of important cdnfe- 
 quence that require fpeedy regard and reformation. Jufticcs 
 of Gaol- delivery have a more large work, that is, to deliver 
 the Gaols of all criminal offenders formerly indided or before 
 themfelves. Juftices of Aflize and Niji prius are to have cogni- 
 fance of Common- pleas only, and for the moft part are but for 
 enquiry. All which,faving the Juftices itinerant in ancient ufe,, 
 were inftituted about thefe times, and therewith ended both 
 the work and common ufe of the ancient iters •, and yet all 
 thefe later Courts jointly confidcred have not the like compre- 
 henfive power that the iters had, for they had the power of 
 hearing and determing all canfes, both of the Crown and 
 Common-pleas, albeit in a different manner i that is to fay, 
 in the firfl times promifcuoufly united into one and the fame 
 perfon i but foon after the Norman times, and more clearly 
 in the time of Henry tliefecond, that power was divided into 
 feveral perfons, fome fitting upon the Common- pleas , others 
 upon the Crown^pleas: The Judges of thefe journeying courts 
 were fpecially alligucd by the King, as in the cafe of the Gaol- 
 delivery 
 
The Govern- S^tu,^. Edw. i. i Kings of 28' 
 
 went bf t Edw. 2. ^England. 
 
 delivery, or fettled by the Law upon the Judges of both benches 
 
 :itfVeiimiHjhr^ as in cafe of oyerzndtermi}ier ^ and of the Af- ^yeJl.z.ejp.-L^. 
 
 fizes or Ni/J/TW, fiving that in the laft cafe they were affo- 
 
 ciated with Knights in the Counties for the taking o{VcU.c.io. 
 
 Ailizes. 
 
 Now concerning the Courts that were fettled : fome were 
 fettled or annexed to the King's perfonal refidence , as the 
 Chancellour's Court i for in thefe times it began to have a 
 judiciary power of eminent ftature , and growing our of the 
 decays of the great chief JulUce of England, Then alfo the 
 King's- Bench was annexed by the fame Law unto the King's pj^^ 
 Court or perfonal refidence, as it anciently ever had ihdX ^nic. fup . 
 honour i although itfeems the endeavours were to make it like carucap.i j. 
 the Common pleas in that particular. Another and laft Court 
 that was fettled in this manner, was the Marfhal's Court,which 
 in the original only concerned the King's houfhould, but after- 
 wards compafTed inadiftanccof the neighbouring places, be- ^ E.^.fo. iz^ 
 caufe the King's attendants were many in thofe times > when as 
 the Courtsofjuftice continually attended on his perfon ; and 
 this precindt was called the Verge-, and all cafts of debt and 
 covenant, where both parties were of the Houfliold , and of^rticn^p 
 TrefpalTes vi ?> 4rwi/,where one of them was of the Houfliold, cj>-t. cap. 3.' 
 were handled in the court of the Verge, or the MarOial's Court. 
 And inquefts of deaih within the fame (lull be taken by the 
 Coroner of the County , with the Coroner of the Houlhold. 
 Other Courts were rural , and affixed alfo to fome certain 
 place, either of the County or Town, or other particular place.. 
 That of the County fuffered in thefc times great diminution, 
 evenalmoft to deftrudion, by a Law retraining the power stat.Gouc 
 thereof only to TrefpafTes of 40 /. value or under i for ihuugh c.jp'%. 
 formerly the Kings Juftices incroached upon the County- 
 Courts and contradledfuits before themfelvcs, which by the 
 ancient Law they ought not i yet it was ever illegal, and the 
 County-Courts held their right till this Law was made, which 
 kept under thofe inferiour Courts , and made them of Icfs 
 account than formerly. Neverthelcfs, the King's Jujlicies^ or 
 Writ to the Sheriffs, oftentimes enabkth the inferiour Court 
 
 to 
 
286 The Govern- C Hen. 9 . Ed w. I . t Kings of 
 
 ment of I Edw. 2. J England. 
 
 to have cognifance of cafes of greater value. La(ll7 , a rule 
 yfcjl.t cap.i^. was fct to thefmaller Courts of Corporations, Fairs, and Mar- 
 kets, viz. that no perfon (hould be fued in any of them, which 
 was not a debter or pledge there. 
 
 CHAP. LXIX. 
 
 of Coroners^ sheriffs^ and Crown-pleas, 
 
 Coroners. f^Or oners fhall be chofen in the County from the wi- 
 yVeji.ucap.io. V_>/ fejiygreateji^ and chief men of theCountrey. 
 
 Of thefe Officers formerly hath been fpoken , as touching 
 their elcdion, qualification, and work: this Law brought in 
 no change of any former Law, but only of a former cuftom 
 gained by thefe degenerating times, which brought men into 
 place that were far unfit , who otherwife of poor and mean 
 condition maintained themfelvesby bribery and extortion, and 
 being found guilty had not fufficient to give recompence. This 
 Law therefore revives the firft Law, & holds thefe men to their 
 work of taking Inquclls and Appeals, by Indenture between 
 themfelves and the Sheriff", and thefe were to be certified at the 
 next coming of the Juftices. 
 
 ^7jf%pcr -^^^ Free-holders in every County^ if they will^ pall 
 cart. cap. ^. ek& their ovpn Sheriffs unlefsthe Sheriffwick^ be holden 
 in Fee, > i 
 
 This was indeed the ancient cuftom ; as the Officers of the 
 Kingdom were elegible by the Common council of the King- 
 Mror,capA. ^o^Jq Were alfo the Officers of the County, chofen by the 
 Stat^devc. County. But within a few years in the time of Edward the 
 9 E.z. ' fecond, comes another Law i that the Sheriffs ftiall be ap- 
 pointed by the ChanccUour, Treafurer, Barons of the Exche- 
 quer, and the Juftices , which Law was made in favour of the 
 people, as by the file of that Statute doth more fully appear; 
 for though at the firft blufli it may feem a privilege loft by 
 
 the 
 
The Govern- ^ Hen. 5. Edw. i. ^ Kings of 287 
 
 ment of I Edw. 2. 5 England, 
 
 the Free-men, that thefe great men (hould have the eledion of 
 the Sheriff, yet it proved a great advantage to the common 
 quiet of the people in thofe times of parties, and was fo ap- 
 prehended: Otherwife as thecafe Rood in thofe days of £^- 
 ward ihckcou^y It was no time for him to gain upon the 
 peoples liberties. Nor had the Statute of /^rf/c«/i y«^fr cartas^ 
 whereof we now treat. been penred with thefe words, if they 
 Willi and queftionkls in thefe days we now live in^ if the 
 people had but a little taft of this feeming liberty of eleding 
 Sheriffs in the County- court , as formerly it was ufed , it 
 would be foon perceived that the elcdion of thefe chief Of- 
 ficers were better difpofed in fome other hand^ if rightly 
 
 purfued. _, , 
 
 Chancemed' 
 
 Hoffticide by mk fortune fljall not be adjudged n/Hr- ly. 
 iher. Marlbcaf.X';, 
 
 That the Saxons made difference between homicide by mif- 
 fortune, and that which was done fe Ilea animo^ or with a fpirit 
 of gall, formerly hath been Qiewed i now what it was that al- 
 tered the cafe, I cannot fay, unlefs the violence, cruelty,and op- 
 prellion of the times : formerly all kind of Man flaughter was 
 finable, I mean in the Norman times, and fo might more ratio- 
 nally be ranked into one degree i but now the punifliment be- 
 gan to change from forfeiture of eftate, and lofs of member, 
 to death, and forfeiture of eftate i and therefore it was more 
 neceffary to make the difference in the penalty, feeing in the fine 
 formerly, a difference wasobferveds and this difference to affert 
 by a Law that might limit the invenomed fpirits of the Judges 
 of thofe days. • 
 
 Robbery punijked by death. ,, , . 
 
 This crime hitherto was punifhed by fine and lofs of member, ^ 
 
 at the utmoftjbut is now made capital, and punifhed with death. 
 One example whereof, and the firlt that (tory maketh mention 
 of, we find of an Irirti Nobleman in the days of Henry the 
 third,who fuf^ered death for pir^cyiand it was a Law that then, 
 though rigorous, yet feafonably was contrived to retard the 
 beginnings, and ha(\en the conclufion of a Civil War in a 
 
 Natioa 
 
288 The Govern- <Uen.^, Edvf,i,'i Kings of 
 
 ment of I Edw. 2. j £'»gL«^. 
 
 Nation who value their eftates and libeides above their own 
 lives. 
 
 Ripe upon the coPtpUint of the party violated^ wade 
 Kape, vrithin forty days^JIjall haveright. If the delinquent 
 
 } cjt.xxafAi. ^^ conviCled without juch complaint made he fhall be 
 jined arid imprifoned. 
 
 Bef( re this Law, this crime was but finable, unlefs the fad 
 was coramitted upon a Virgin, for then the member was loft. 
 And this was the Saxons Law \ but the Normans mfli(Sed the 
 lofs of the member upon all delinquents in any Rape. Nor 
 was this made Felony by any Law or cuftoni that I can find, 
 till about thefe days. It's true, that Canutut punifhed it capitis 
 tf/?iwaf/o«f, by way of compenfation , which rather gives a 
 rule of damages to the party wronged, than importeth a pu- 
 ni{hmentinfli(!^ed for an offence done again ft the Crown, as 
 if it were thereby vt^e capital. But for the more certainty 
 of the penalty, andther Uaw provideth, that if the Rape be 
 J'fr/?.i.<:4p.3 4 committed without.the womansconfent fubfequent, the may 
 have an appeal of Rape. And though a C(infent be fubfequent, 
 yet the delinquent upon indi(Siment found (hall fulfer d^ath, as 
 in the cafe of appeal. But if a Wife be carried away with the 
 goods of her Husband, befides A(ftion of the party , the King 
 (hall hav£ a.hne. If the Wite elopcth (he (hall lofe her Dower, 
 if (he be not reconciled before her Husband's death. All which 
 now recite<l provifoes are comprehended together in one 
 Chapt^, and yet the Chapter is, partee per fejf^ French and La- 
 tin ; fo far thereof as concerneth death was written in 
 French, being the mo(i known Language to the great men in 
 . , general, many of whom were trench, by reafun of the intereft 
 1 ' that Henry the third had with France in his late Wars againft 
 the Barons. It was therefore publi(hed by way ot caveau that. 
 DO perfon that underftood French might plead ignorance of 
 the Law that concerned their lives.The refidue of that Chapter 
 was written in Latin, as all the other Laws of that Parlia- 
 ^. ment were, upon grounds formerly in this difcourfe noted. 
 rl^^\ Qne provifo more remaineth, which is alfo comprehended in 
 
 the 
 
The govern- fiico.^. Edw.l.'fKittgs of 289 
 
 me»t of I Edw. 2. i Englartd. 
 
 the fame Chapfer with the former , viz- Any perfon that (l:all 
 carry away a Nun from her hcttfe^ JhaU ftfffer imprifonment for 
 three years^ and render damages to the boufe. This crime was 
 formerly only in wombed in the Canon- La vv, and now born 
 and brought forth into the condition of a Statute- Law, ratlier 
 to vindicate the right of the Free- men, than in any refped had 
 to the Clergy, who had been very bold with the liberty of the ^„i;,j gy^. 
 Free-men in this matter i for Arch-Bifliop ?fc^^'<«w, not a yeary^,, j^?-. 
 before the making of this Law, for this offence had excommu- 
 rlcated Sir Osbom Gifford^ Bor could he get abfol-uticn but upon 
 his penance: tirrt he was difcipled with rods three times, once in 
 the open Church at IVilton, then in the Market- place at Shafts- 
 bury^ and lalily in the publick Church there i then he muft fad 
 divers months- Laftly, he muft be difrobed of all Military ha- 
 biliments, viz. Guilt Spurs, Sword, Saddle, golden Trappings, 
 and to ufe no brave garments,but rufTet, with Lamb and Sheep- 
 skins i to ufe no fliirt, nor take up his order again , until he 
 had fpent three years Pilgrimage in the Holy Land : and unto 
 this penance the Knight by oath bound himfelf. A ftrange 
 power, and to reprefs which it was time for the people to look 
 about them, and .rather topuni(h delinquents themfelveSjthan 
 to leave it to the will of fuch men as never had enough. 
 
 Corjcealment^ or ?iegleCt of apprekendirrg of Felom^ Concealment 
 pUMiJIjed by fine and h/fprifonmenf, of Felonu 
 
 In thofc ancient times, purfuits of Felons with hue and cry 
 were made by Lords of Mannors, Bailiffs of Liberties, Sheriffs, 
 and Coroners, whereas now they are made by Conlhbles. See 
 more in the Chapter of peace. Efcapes alfo were puniQied with 
 line and imprifonment : and infom.e places the Lord had the t^.a 
 fine, in other places the Sheriff, and in fome cafes the King i yet ^ ^^ ^' 
 in no cafe was any.fineaffeffed or taken till the Trial before 
 the Juftices. 
 
 Terfonr defamed for Felony^ not ftibmiiting to Trial 'pe famed 
 by LaWffljiU be committed to clofe and hard imprifon- Fehut, 
 ment. Uyl.i.cjpi. 
 
 CLq It 
 
290 The Govertf XHen,^. Edw, lo K/»g/ tf/ 
 
 mentof'^ Edw. 2. ^ EngUfid, 
 
 It hath been accounted an extreanri conftrudion ofthis Law, 
 and qiieftionlefs fo it is, that this Law fliould warrant that 
 punilhmentof prellingtodeath, which bath been of later times 
 Inore confiantly ufed than fornntr times ever knew of» for 
 though it be granted thatfome trick of torture was fometimeS 
 ufedjCven before the Normans times, and fo might now and 
 then leave fome few examples after the Norman times, ^tt 
 ^ did the Law never patronize fuch courfes,efpecially if the death 
 
 ^y, ro..ca^.h q£ ^}^£ p3jty fufpedtcd enfued thereupon, but accounted it 
 ^'^' Man-flaughter. And the end of this Law was not to put a man 
 
 to death.^ but to urge him to confefs > and fo Briton faith, fuch 
 as will not fubmit to Trial, (hall be put to penance till he (hall . 
 pray to be admitted thereunto ■-, and therefore the penance then 
 •^"tf'"' "^'^' ufed was fuch as did not nece(rarily infer death •, nor was it a 
 ""' "^' iinal judgement in the Trial, but only a means thereto; and 
 therefore it,might rather confift in denyal of conveniences than 
 inflidingof pain. Now in what cafes it was ufed , may be 
 underftood from the manner of the Indidments in thofe days, 
 whereof (befides appeals by the party) fome were of particular 
 fad done i others only of a Fame: audit may be conceived 
 GUnv. Uh.io. f}^a{ t]ie courfe in thefecond was, that if a man would notfub- 
 c-^F''^- rnit,but would ifand mute, he was put to this kind of impri- 
 
 fonmentifor tlie difcovering Law, was by Henry the third taken 
 away. But if the delinquent was pofitivelyaccufed of a Fe- 
 lony, and thereupon indided bya witnefsof the Fad, and then 
 if the delinquent would not fubmit to his Trial by Law,infuch 
 cafe the tinal judgement was to die, Onere^fame, &c, becaufe 
 in the one there was a Fad affirmed again(f him by a witnefs, 
 and in the other only a fame or fufpicion, which is not preg- 
 nant againft the life of a man. But this manner of indidment 
 being now laid afide, and all proceedings being upon a Fad 
 affirmed againft the party, I conceive this Law of no ufe at all 
 
 in thefedays. 
 K^ijf "^^^^ ^^'^^ ^^^ ^^ allowed to Outlawt forejured, 
 
 ]Vc:l I c. '5. Thieves taken in the A^, fJotorioHs Thieves , appealed 
 ■'' ' perfotis^ burners of houfes ^ breakers of prifoM •, falfe 
 
 coiners^ 
 
Tk Cover K-ZHcn.^» Edw. i.?/<;//g/ of 291 
 
 ment of 2. Edw. 2. ^Et^igUnd. 
 
 . L I 1 ^ 
 
 coiners ^counterfeiter's of the Broad feal^ pripners upon 
 excomwunication^open vtakfa&ors^and Traitors agai/fji 
 the King, . • 
 
 Thefixfirfl: are in nature of perfons attainted either upon 
 their own confcllion, or fuch manifeft evidence as in common 
 reafon cannot be gainfaid j all which were before this Law ClamtlM.i^ 
 under baili yeathelaftof all, alchough the mod heinous of '"•'P- ^• 
 all, was in the fame condition. As touching breakers of pri- 
 fon, in thcfe times it was Felony, for what caufe foever they 
 were committed i and therefore their imprifonment was with- 
 out bail , for who fo makes no confcience of breaking the 
 prifon, his credit will little avail: yet it muft be acknow- 
 ledged, that the Law imprifoned few without bail in tbofc 
 foregoing times, but in caie of Felony or execution i but after- 
 wards the cafes of commitment being ordinary,even in matters 
 of mean procefs , and beraufe mens credits waxing weak by 
 the weaknefs of their eftates , now walkd by the civil Wars \ 
 therefore in Ediv. the fecond's time a Law was made to reftrain 
 the Felony in fuch cafcs,only to the breach of prifon by fucli as 
 were committed for Felony. And as touching imprifonment 
 upon excommunication, it's manifefl: that within five years be- 
 fore the making of this Law, it was complained that fuch were 
 fetat liberty by the King's Writ debomine replegiando ^^v\{\\o\m ^jj/^ \f 
 the Bifliop'sconfcnt. But now the Clergy had gotten'the day J^rrV.' " 
 •of the Law, which did much decline from that guard of impri« 
 fonmcnt,but hated perpetual imprifonment-Nor was this com- 
 plaint grounded upon any other Law than that of the Canon 
 for the common Law eva held the fupreme cognifance of Ex- 
 communication within it's own power, as upon the Writ de 
 qitare excotmnunicato, may appear. Other crimes.are yet alio by 
 this Law allowed bail, fuch as arc perfons indided of Larceny, 
 before Sheriffs, ?>^e. perfons imprifoned upon flight grounds' 
 Receivers, and AccelTories before Felony , TrefpalTers, perfons^ 
 appealed by provers, after the death of the approvers. It bail 
 be granted otherwife than the Lawallowcth,the party that al- 
 io weth the fame, fliall be fined, impjifoned, remler damages, or 
 
 Q..q 2 forfeit 
 
2^.2 The govern- ^Hen.9. Edw.i.7 K/»^/ of 
 
 meKtofl Edw.2. y EfigUtid* 
 
 foifcit his place^as the cafe (hall require. And thus the iniquity 
 of the times wasfo great, as it even forced the Subjc<^s to for- 
 p^o that which was in account a.grcat liberty^ to ftcp the courfe . 
 of a growing mifchief. 
 
 Spreaders of Tublijloers f>f falfe tiews^ whereby difcord or fiand^r 
 falfe ncrrS' mayarife between the King and his people 5 JJmU be im- 
 ■ iV.jhi.C'jf'S^' priJcnedtiUhe prodncc the Relaior, 
 
 Itis therefore an offence againft the Crown, to procure or 
 maintain an ill conceit in the King*of the people , or an ill 
 conceit in the people of the King *, and it's as well an offence 
 againft the Crown for the King to conceive ill of his people, as 
 for them of him. But all muft be grounded upon falflioodi for 
 truth refpeds no Manx's perfon ; and all Men are equally bound 
 by that woe, if they call good evil , or evil good i although 
 difference muft be made in the manner of reprefentation. And 
 upon this ground of maintaining ftrife, was a Law made alfo 
 againfl: confpiracy to make or maintain indictment , fuit, or 
 53.£Jw. I. quarrel, and it was likewife finable, 
 
 Redijfeifors and pofldijjeifors found upon verdi^ be^ 
 jMcYtQnx:i' j^gy^f^Q sheriff:, Coroners^ and Knight s^, Jljall be impri' 
 foned. 
 
 Formerly rediifeifin was under no other Law than that of 
 diffeifin, but by this Law made a matter belonging to the 
 Crown, and tryed before the fame Judges that had the power 
 of enquiry of all offences againft the Crown. The penalty of 
 ■\; ' r cap % imprifonment in this cafe was to be without bail, but only by 
 '^' ^' ' the King's Writ de homine replegiando j and yet even thus the 
 penalty was not fufficient to reftrainthe offence, and therefore 
 l^cfl i cx6,^ Law was made to abridge the power of that Writ, as touch- 
 ing fuch offender, and they became irremediable as touching 
 their liberty by that Writ , befides that upon recovery had a- 
 gainfl them they loft double damages. 
 ^ref afferj '^^^fP'^P^^ ^^ Parkj and Fifi -ponds convi&ed within 
 
 uUnTalk^^ 4 year And a day Jloall render damages , fufer impri- 
 Y^cft.ucat.iofonment for three years^ and give fecurity of good beha- 
 viour 
 
The Govern- ^ Hen.3. Edw.i. ^ Kwgs of 293 
 
 m€fjt of L Edw. 2. ^ E^jgland. 
 
 viour foriJMe to come, if any Beajis be taks^iifa Felo" 
 vious manner y be JJiall be proceeded agjinjias a Robber, 
 
 From the times of King Steven^the Lords and great men en- 
 deavoured to advance their power and greatnefs,lohigh above 
 the meaner fort of Free-men, as they made Kings continually 
 jealous of their power. Caftleshad been a bone of long conten- 
 tion between them, but they being for the moft part taken a- 
 way, the ftrife was about prifons, and power to imprifon of- 
 fenders i and that alfo after m.uch oppofition they laid allde ; 
 yet the violence of thefe times being fuch, as (though Felonies 
 were fomewhat dreaded) TrefpafTes of the higheft nature were ' 
 
 little regarded, fuch as were riotous hunting in their Parks, 
 and fiOiing in their waters. The Lords and great men made 
 it their hit requeft, that at leaft in fuch cafes, they might have 
 power to imprifon fuch as they found fo Trefpalling > but this 
 was alfo denyed them, though by He«ry the third in his {ixH Miytoncap.ii 
 time, when as yet the government was not worfled by projcdts ' - 
 of arbitrary power, or corrupt counfels of Foraigners,nor him- 
 felf a man able to fway with the Lords in matters that were of 
 doubtful prerogative. And to fpeak inditferently,it's better 
 for the liberty of the fubjed, that the power of imprifonment 
 fhould be regulated only by the King's Writ ordered by Law, 
 than by the warraiitsof greatmen, efpeciaiiy in their own cafes* 
 and therefore in this matter the King's prerogative was a patron 
 to the Free-mens liberty. Neverthelefs, thefe great men give 
 not thus over their game, for though in times of publick cala- 
 mities, little place is left for pleafure to any man i yet when 
 times are grown to more quiet, pleafure revives, and the great 
 men renew their motion i and though they could not obtain 
 prifons to their own ufe, as they endeavoured at the meeting at 
 Merton \ yet now they obtain the King's prifons to the ufe of a 
 Law that was as good as their own, and thereby fatisHcd their 
 own difplcafure for the lofs of their pleafure. And yet this 
 Lawfufficed themnot, but they obtain a further privilege, that • 
 fuch perfons as are found fo trefpalling, and refufmg tofubmit, ^jin.ii.Ed.i. 
 maybe killed without peril of Felony, . 
 
 CHAP. 
 
2^4 The govern- \ Hen. 5. Edw.i. 7 Kifjgj vf 
 
 ment of l Edvv, 2, \ E^igiafni* 
 
 CHAP. LXX. 
 
 Of the Militia during ihefe Kiwgs Reigffs, 
 
 THe Souldiery of England mzy be confidcred, Firft in re- 
 gard of the pcrfons. vSecondly, their Arms. Thirdly, 
 their fervice. The perfons were as formerly, not only 
 fuch as were wiZ/Vfi, or Tenants in Knight-fervice , but alfo 
 fuch as feived at the Plow > and concerning them both, it is to 
 be confidered what the Law made by Edward the fecond, hold* 
 eth forth. 
 
 Siat ^el^jilit. ^^^ fi^^^ ^^ ought to he Kfjighti^Afid urc Kot^ J/jall be 
 I E. t. d/JiraiKed to undertake theweapOMS of Knight- hood^ if 
 
 they JljetP not caitfe to the contrary, 
 
 ■ Regularly all Tenants by Knight- fervice ought to be Knights, 
 but de fadoy were not i Co as in thefe times there was a further 
 worti to make a man a Knight than his bare Tenure > for fuch 
 only were milites fjcii^ who had both Lands fufficient to main- 
 tain the Arms and ftatc of a Knight *, and alfo a body fit to 
 undertake the fervice in his own perfon, and whereof he had 
 given fufficient proof in the field. Others that had Land ei- 
 ther had not fufficient maintenance or not habiliments of per- 
 fon, and as not expeded were laid afide > of this fort were 
 . many by reafcn of the late Civil Wars , in which they had 
 much impaired both their bodies and eftates: This rendred 
 thei^rength of the Kingdom and Militia fo much decayed, 
 and the minds of men fo wearied, that they began to love eafe 
 before the timesvvould brook it, and a cefTation from Arms be-' 
 fore they had any mind to peace. The Parliament efpyed the 
 danger,and how neceffaiy it wa'; foi the people to be well armed 
 in thefe times of general broiU and upon that giound allowed 
 this Law to pafs, that all fuch'as had Lands worth 20 /. yearly 
 befides reprizals ftiould be uady not to be Knights (nor under 
 the favour of others is there any ancient precedent to warrant 
 
 it; 
 
- I - ■ -■■ ..— -■ ,, ■ ,, - _ 
 
 The govtrn- j Hen. 9 , Ed \^. i , ^ Kings of 295 
 
 \x) but to find or to enter the field with the Arms of a Knight, 
 or provide fome able perfon to ferve in their Read, unlefs they 
 were under 21. years of Age, and fn rot grown up to full 
 ftrength of body s nor their Lands in their own pc (Tc iTicn but 
 incuRodyof their l,ords or Guardians. Ncverthclefs, of fuch 
 as were grown to full age, yet were maimed, impotent, or of 
 meaneftate, and Tenants by fervice of a Knight, it was had 
 into a way of moderation , and ordered that fuch (hould pay 
 a reafonable fine for refpit of fuch fervice \ nor further as con- 
 cerning their pcrfons were they bound. But as touching fuch 
 that were under prefent only, and not perpetual difabilities of 
 body upon them incumbent, as often as occafion called, they 
 feived by their deputies or fervants ; all which was grounded 
 not only upon the Law of Henry the fecondjbut alfo upon com- 
 mon right of Tenure. 
 
 The Arms that thefe men were to find, are faid to be thofe 
 belonging to a Knight, which were partly for defence, and 
 partly for offence* of the firft fort were the Shield,the Hehnet, 
 the Hauberk, or Breft- plate, or coat of Mail ; Of the fccond fort 
 were the Sword and Lance ; And unto alia horfe muft be pro- 
 vided. Thcfe Arms,efpccially t}iedefenfivc,have been for- 
 merly under alteration, for the Breft-plate could not be worn 
 with the coat of Mail, and the.efore mull be ufed as occafion 
 was provided of either i and for this caufe the fervice of a 
 Knight is called by feveral names •, fometimes from the Horfe, 
 fometimes from the Lance, fometimes from the Helm.et, and 
 not felJom from the coat of Mail. 
 
 The power of immediate command, or calling forth the 
 Knights to their fervice, in it's own nature was but minifterial 
 and fubfervient to that power that ordered War to be levycd : 
 and therefore, as in the firft Saxon government under their 
 Princes in Germany^ fo after under their Kings, War was never ^*^'^'^"^' 
 refolved upon , but if it were defenfive , it was by the coun- 
 cil of Lords ■, if offenfive, by the general vote of the grand 
 Council of the Kingdoms fo by vertue of fuch order, either 
 from the Council of Lords, or grand Council, the Knights 
 were called forth to War, and others as the cafe required, fum- 
 
 moncd 
 
ja5 The Goverff^KHGti.^. Edvf.l,j Kings vf 
 
 me fit of L Edw. 2. S^^glaftd, 
 
 rr.one4 to a. rendezvous , and this inftrumcntal power regu- 
 larly rerted in the Lords, to whom fuch fervice was due i and 
 the Lords were fummon^d by the Lord Paramount, as chief of 
 the Fee, of which their Tenants were holden, and not as King 
 or chief Captain in the Field > for they were not raifed by 
 Proclamation , but by fummons iffued forth to the Sheriff, 
 withdiftrefs j and this only againft fuch as were within his 
 own Fee, and held of the Crown. The King therefore might 
 have many Knights at his command, but the Lords more, and 
 if thofe Lords failed in their due correfpondency with the 
 King, all thofe of the inferiour orb were carried away after 
 them, fo the King is left to(hift for himfelf as well as he can v 
 and this might be occafioned not only from their Tenures, by 
 which they l^ood obliged to the inferiour Lords, but proba- 
 bly much more by their popularity, which was more prevalent, 
 by how much Kings looked upon the Commons at a further 
 diftance in thofe days, than in after times, when the Commons 
 interpofed intentively in the publick government. And 
 thus the Horfe-men of E?/^/^/i^ becoming Icfs conlUnt in ad- 
 hering to their Sovcraign in the Field, occaGoned Kings to 
 betake themfelves to their Foot, and to form the ftrength of 
 their battels wholly in them, and themfelves on fbot to engage 
 with them. 
 
 One point of liberty thefe Soldiers by Tenure had , which 
 made their fervice not altogether fervile , and that was, that 
 their fervice in the field was neither indefinite, nor infinite, but 
 circu-mfcribcd by place, time, and end. The time of their fer- 
 vice for the continuance of it was for a fet time, if it were at 
 their own charges : and although fome had a (horter time, yet 
 thegeneralfort were retrained to forty days. For the cou- 
 rage of thofe times, confined not in wearying and wafting the 
 Soldierin the field by delays,' and long work in wheeling 
 about, and retiring, but in playing their prizes like two com- 
 batants of refolutiontoget vidory by valour, or to die. If 
 upon extraordinary occafions the War continued longer, then 
 the Tenant ferved upon the pay of the common purfe. Ti^e 
 ejid of .the fervice of the Tenant (wz, their Lord's defence in 
 
 the 
 
' ffjenl.of'^-. EdKv. 2,S ^ ^England, 
 
 the defence of the KingdOmJ ftintcd their work within certain 
 bounds of place, beyond which they were not to be drawn 
 unlefs of their ovvn.accord ; and thefe. were the borders of ihe 
 Dominion of the Crown of Ungland^ which in thofe days ex- 
 tended into .9c(;//^«(^ on the North , and into a great part of 
 France onthz South. And thercforethe Earl Marflial i)f Yng- 
 /<jW (being by Ef/w.i. commanded by vertueof his Tenure to 
 attend in per fon upon the Standart under his Lieutenant that 
 then was to be fetit into Tlanders , which was no part of the 
 Dominion of Ew^/vtwf/jrefufed^and notwithftanding the King's 
 threats to' hang him', yet he perfilkd, faying, he would neither 
 go nor hattg.Not only becaufe the Tenants by Knight* fervice arc 
 bound to the defence of their Lord's perfons, and not of their 
 Lieutenants •, but principally becaufe they are to ferve for the ' 
 
 fafety and defence of the Kingdom ^ and therefore ought not to 
 .tie drawfi into foreign Gbuntries. Nor did the Earl Marlhal on- 
 ly this, but 'many others alfo both Knights and Knights fellows, 
 having twenty pounds per anHum; for all thefe with their arms' 
 were fummoned to ferve under the King's pay in ¥ landers. I fay ^"^Wt^gfo 69. 
 'multitudes of themrefufed tofcrve,and afterwards joyned with ^ ^^* 
 the reft of, the Commons in a Petition to the King, and com- 
 piained of that fummons, as of a common grievance , becaufe 
 that neither they nor their Anceftors were bound to ferve the 
 King in that Countrey, and they obtained the King's dilchargc 
 under his broad Seal accordingly. The like whereunto may 
 be warranted out of the very words of the Statute of Mort- 
 main, which was made within the compafsof thefe times.. by 
 which it was provided, that in cafe Lands be aliened contraryto Stat. J^fort. 
 that Statute, and the immediate Lords do not feife the fame 7 -^^w. i. 
 the King fliall feife them, and difpofethem for the defence of 
 the Kingdom,r'/z;. upon fuch fcr vices refer ved as fliall fuit thcre- 
 ^vith, as if all thefervice of a Knight muft conduce thereto i 
 and that he is no ftirther bound to any fervice of his Lord than 
 will confia with the fafety of the Kingdom. This was the 
 dodrine that the fad experience ©f the later government of 
 Kings in thefe times, had taught the Knight-hood of England 
 to. hold for the future Ages. 
 
 Rr No 
 
ment of I Edw. 2. j £"»g/j»^. 
 
 Stat.de i^ji^ No Tenant in ancient dcntefnes^ or in Burgage , JJjall 
 iitjbus, be dijirained for the fervice of a Knight, 
 
 Clerkj and Tenants in Socage of other Manners^ than 
 of the King^ fid all he ujed as they have been formerly. 
 
 Tenants in ancient Demefne, and Tenants in Burgage are ab- 
 folutely acquitted from Foraign fervice » the one becaufe they 
 are in nature of the King's Husbandmen, and ferved him and 
 his Family with vi(fiual : the other becaufe by their Tenure they 
 were bound to the defence of their Burrough, vvhich in account 
 is a limb or member of the Kingdom, and fo in nature of a Ca- 
 ftle-guard. Now as touchirg Clerks and Tenants in Socage 
 holding of a Subjedt,they are left to the order of ancient ufe 
 appearing upon record. As concerning the Clergy,it's evident, 
 by what hath been formerly noted , thjit though they were im* 
 portunate to be difcharged of the fervice, military, in regard 
 that their profeflion was for peace,and not for blood, yet could 
 never obtain their defire \ for though their perfons might chal- 
 lenge exemption from that work, yet their Lands were bound 
 to rind arms by their deputies, for otherwife it had been un- 
 reafonable, that fo great a part of the Kingdom as the Clergy 
 then had, fliould fit ftill and look on, whilft by the Law of 
 nature every one is engaged in his own defence. Nor yet ^id 
 the profeflion of thefe men to be men for peace , hold always 
 uniform i fome kind of Wars then were holden facred , and 
 wherein they not only adventured their eftates, but even their 
 own perfons i and thefe not only in a dcfenfive way , but \>y 
 way of invafion,and many times where no need was for them 
 to appear. Tenants in Socage alfo, in regard of their fervice, 
 might plead exemption from the Wars : For if not, the 
 Plough muft ftand ftill,and the Land thereby become poor and 
 lean; Neverthelefs a general fervice of defence of the King- 
 dom is impofed upon all, and Husbandmen mufi te Soldiers, 
 ' when the debate is, who fhall have the Land i in fuch cafes 
 therefore they are, evocati ad artna^ to maintain and defend the 
 Kingdom,butnot compellable to Foraign fervice.as the Knights 
 were, whofe fervice confifted much in defence of their Lord's 
 
 perfon, 
 
The Govern- J Hqi.3. Edw.,i. 7 Kings of 2^p 
 
 went of t Edw. 2I: f England, 
 
 perfon, in reference to the defence of the Kingdom » and many 
 times policy of War drew the Loxds into Arms abroad,to keep 
 the enemy further from thfir borders, and the Knights then 
 under their Lord's pay went alon^ with them i and therefore 
 the fcrvice of Knight-hood is commonly ca,llcd Jerpitium 
 forinfecum. Of thele Socagers did arife, not only the body ^f 
 Engli(h Foot-men in their Armies, but the better and mote Conctf, Brit 
 wealthy fort of them found Arms ofa Knight, asjormqrly hath ^o^- P-J^ 
 been obferved, yet jilw^ys under the pay of thc.CQmmpn putfci 
 and if called out of the Kingdom,, they were m?« yolurttversi 
 fpr they were not called out by diftrefs as Knights were, bewufe 
 they held not their Land by fuch fervice s but they were fum- 
 moned by Proclamation, and probably were muftered by the 
 high Conftables in each Hundred, the Law nevcrthelcfs re- 
 maining ftill entire, that all muft be done not only adfidemVo- 
 mini Kegis^ but alfo Kegni i which wasdifputed and C9ncludcd 
 by the Sword : for though Kings pretended danger to the pub- 
 lick, oftentimes toraife the people ■-, yet thepeopl; would give 
 credit as they pleafed ; or if the King's Title were in queftion, 
 or the,peoples liberty, yet every man took liberty to f^de witli 
 that party that liked him beft i nor did the King's proclamation 
 fway much this'or that way. 
 
 It's true, that precedents of thofe times cry up the King's 
 power of arraying all (hips and men without refped:, unlefs of 
 Age, or corporal difability : but it will appear that no fuch ar- 
 ray was, but in time of no lefs known danger from abroad to 
 the Kingdom, than eminent, and therefore might be wrought 
 more from the general fear of the enemy, than from the King's 
 commands and yet thofe times were always armed in neigh- 
 bouring Nations, and Kings might have pretended continual 
 caufe of arraying. Secondly, it will no lefs clearly appear, 
 that Kings ufed no fuch courfe but in cafe of general danger 
 to the whole Kingdom, either from Foraign invafion , as in 
 the times of King Jobn^ or from inteftinc broils , as in the ^^ -E.i.rorSi. 
 times of Henry the third, and the two Edwards fuccellivcly ; 
 and if the danger thrcatned only one coaft , the array was 
 
 Rr 2 limited 
 
30O 
 
 The(^odef'»-^Ecn.:^'. Edwc i:yKihgs of 
 
 limited only to the parts adjacent thereunto. Thirdly ^ it 
 13 £.1, feemeth that general arrays were not levyed by diftrefs till the 
 
 Memb. 5-. time of Edrvard the firi\^ and then only for the ryidczvouz at 
 the next Sea.-coaft,.and for defence againft foraign invafion, io 
 "which cafe all Subjeds oiF the Kingdom arecbncerned by gene,- 
 ral fervice : otherwife it can come unto no other account than 
 that Title prerogative, and therein be charadered as a trick a.- 
 bove the ordiriary ftr'aiii. Fourt)ily, thofe times brought forth 
 no" genital 'array of all perfon-s beiweeh the ag^s of fijiteen 
 years and fixty, that w^s madeby diftrefs in any cafe of civil 
 Wat/but only by Sheriffs fummonsi and in cafe of difobcdi- 
 enceby fummons to appear before the King and his Council y 
 which (heweth, that by the common Law they were not com^ 
 pdlable or punifhable. Laftly, thougfi thefe arrays of men 
 .Were fometimes at the charge df the Kifig; and fometimes at 
 'the Subjed'sown charge, yet that laft was out ofthe rode way 
 of the Subje<3:'s liberty, as the fubfequent times do fully nianir 
 Teft. And the like may be faid of arrays of Ships, which how- 
 ever under command of Kings for publick fervice, were nevef- 
 thelefs rigged and paid out of the publick charge. The fiicn 
 of all will be, that in cafe? of defence frOrn foraign invafion 
 Kings had power of array according to the order of Law i if 
 they exceeded that rule, it may be more rightly faid, they did 
 what they would, than what they ought. 
 
 lij ; ((J j'.ivi 
 
 CHAP. LXXI. 
 
 Of the Peace, 
 
 WAr and Peace are two births by feveral venters , and may 
 like the day and night fucceed , but can never mherit- 
 each to others and for that caufe they may claim to belong to 
 one Father, and that one and the fame power (hould ad m both; 
 and vet it's no good maxim that he that is the chief Com- 
 • ' ° mander 
 
The govern- jHcn.^. Edw. r. i Kifjgf of ^o i 
 
 T^A^i of^ I a Ed Ww 2 . i Eng lapid. 
 
 mander in War ought to be the chief in the order of peace. 
 For it naturally befalls that War, efpccialiy that which we call 
 civil W^ar, like fome difeafes in the body, doe? rather breed ill 
 humours than confume them, and thefe muft be purged by die- 
 ting the State, and conftantcourfe of Juliice, unto which the 
 rugged Waves of War have little or no affinity,if not enmity: 
 Neverthelefs, the wifdom of our Ancellors thought it moft 
 meet to keep their Kings in work, as well in time of Peace, as 
 of Wars and therefore as they anciently referred the principal 
 care thereof to the Lords, who together with certain feled . 
 perfons in every County, did adminilkrjurtice in feveral /f^rx 
 or circuits ; fo when Kings had once gotten the name of being 
 chief in civil affairs, as they had it in martial i they foon left 
 the Lords behind them (who alfo were willing enough with 
 their own eafej and had the name of doing all, notwithftand- 
 ing it was done by advice of the Lords, ahd diredlory of Mini- 
 fters, or Commiflioners thereto deputed. And thus that peace 
 which formerly paflcd under the Titles o^?ax Vomini^pjix vice- 
 comitis^it is pax Kfg«i, became by eminency, fwallowcd up in 
 that which was called the King's peace, and the juAices called 
 the King's Juftices, and himfelf flattered into that Title of 
 Fountain of Juftice, which belongeth only to him that is The 
 Moll High, or Chief Law-giver. 
 
 The manner how this honourable care of the fafcty and 
 peace of the Kingdom was employed, may be referred to a 
 double confideration , the one in execution of Juftice upon 
 delinquents , the other in preventing occalions of offence or 
 delinquency, by. means whereof the publick peace might be 
 endangered. The firft wasa6ted diverily according to the 
 prefent fence of affairs > for what was at Hrft done by the Prin- 
 ces in their circuits , with one hundred of the Commons caU 
 led Comites^ znd thsit done per p ago s vkofque was afterwards 
 done by itinerant Judges, fent from the King for the greateft j- •>„ 
 matters, and by Lords in their Leets , Governours , or chief 
 Magiftratesof Towns in their Courts, and Sheriffs in their 
 Toms , as Judices (lati for theeafeof the people in matters 
 of lefs moment. I fay I conceive it was in the Torn , for I 
 
 fuppofc 
 
302 The govern- CHen.5. Edw.r. 7 Kings of 
 
 went of I ,Edw. 2. i EngUnd. 
 
 fuppofe no emergent Court, taken up upon occaGon, could by 
 ^iHctt. 3. the Lawdrawanccelfity of afudden appearance of all above 
 2\^arlb.cap.ij. twelve years of Age at the fame,and for the fame caufe it feem- 
 eth, that one certain Torn every year was holdcn for inquiries 
 of homicide, unto which all above twelve years of Age were 
 to coiiie, except Barons, Clergy and Women, or otherwife, all 
 fuch had been bound to attendance on every Torn. Neverthe- 
 lefs, the workof the Toms continued not to hear and deter- 
 mine, as anciently they had done. For in Henry the third's 
 Mrrr cap. i. time, and formerly, divers men had prifons to their own ufe, 
 Sec. ^. fome as Palatines, others as Lords of Franchife,and others by 
 
 power and ufurpation,and had the benefit of all hnes incident-, 
 ^/lag. cart. and by this means many were fined that deferved it not , and 
 cap. 19. fome alfo that deferved worfe : to prevent which evil, Hf«ry 
 
 the third took away that power of holding Crown-pleas. And 
 iv"/! '^'^^ Edward the firft took away their power to determine efcapes, 
 ej . i.cj^.}. ^^j j^p^ ^j^^^ ^^jy ^^^ power of inquiry, and to certifie at the 
 
 next coming of the ]uftices. 
 
 But thefe injurious times had holden too long to be forgot- 
 ten, or laid alide by fuch cool purfuit. Men were ftill ordina- 
 f ily imprifoned, and fo continued oftentimes, till the coming 
 of the Juftices itinerant. For whereas in cafe of bloodfhed, the 
 \Wx\tde odio& atia was a remedy i the other had no remedy 
 but by procuring a Commillion of Oyer and terminer , which 
 Stat. W'tttt. ordinarily was a cure worfe thto the hurt. As a remedy here- 
 13 Edw. I. Qf Edward the firft found out the new way of making juftices 
 of peace, as may appear by the Statute at IVinten^ which law 
 being purpofely made for the confer ving of the peace , pro- 
 viding for penalty of crimes already committed fas well as for 
 the fupprefling of future ) ordaineth that offences againll that 
 Law (hall be prefentcd to ]uftices alligned to enquire thereof i 
 and though thefe at the firft might be itinerant , yet it foon 
 made way to refiant. And before that Statute it feemeth the 
 King had found out the way, if that note be true which is left 
 revived into memory by that honourable reporter, which rela- 
 ake Infi 4 ^'"S ^o the fixth year oi Edward the firft faith , that thenprima 
 P 176 fuit jnjiittitiojujiiciariorum pro ^ace cff'fifervaMda. PiT^d }/tt fome 
 
 ^' femblance 
 
The goverrt-^ Ktt^n.^. Edw.i.lKiffgs of 303 
 
 we»t cfl Edw. 2, 5 England. 
 
 femblance there is that it was yet more ancient , even in ttie 
 titnc of Hfw.i.if I miftakenot thefence of that claufein his laws 
 concerning vagabonds •, he ordereth that they fliall be carried 
 JuflkU qu£pr£e\} ^ although the language be not fo Clerkly Hf«.i.f.r/'.j 8. 
 as to fpeak the fence out. Now though their work as yet 
 W3S but in trial , and they were oneiy trulkd with power of 
 inquiry, yet it induced a new way wherein the Sherirfe was 
 nor fo much as intrufted to intermeddle, and which not oncly 
 intermitted the courfe of his proceedings in fuch matters , but 
 alfoledthe way to thedifpoiling of the Sheriff's Torn, and 
 Lord's Leets, of that little remainder that was left them of judi- 
 catory power in matters that were againft the peace^and made 
 thcirinquiGtory power lefs regardful , and eafed the Jufticcs. 
 itinerant of much of their work^n regard they were fpeedily to 
 certifie up to the King, and fo thefe matters (hould be deter- 
 mined in Parliament, according as thofe Juftices were clcdled 
 in Parliament, who as it feems were jealous of giving the 
 power of determining thofe offences into any fudden hand. 
 To fum up then the hrit part as touching the punidiment of 
 offences againlUhc peace, the wheel is now in the turning, 
 thcLects and Toms begin to be flighted , the labour of the 
 Juf\ices />/«frj;/Heffencd,theCommilIions of Oyerzud termimr 
 difufed, by the bringing in of a new order of Juftices for the 
 peace especially appointed. And the Parliament as the fu- 
 preme providers, left as the referve for the afferting and main- ', 
 
 tenanceof the fame, albeit that under it the power of deterr 
 mining much refted upon Juftices or Judges that attended the 
 King's Court,after that the Common. pleas were fettled and 
 confined to a certain place. 
 
 The preferving of the peace for the future confifted in pre- 
 venting and fupprelling riots, routs, unlawful aft'emblies , and 
 in apprehending and fecuring of fuch as were adors and con- 
 trivers of fuch dellgns, and other malefactors. And herein we 
 are to confider, i. The Laws. 2. The means. 3, The execu- 
 tive power. Concerning the hrft there is no queftion to be 
 made, but that the power of making Laws for the maintenance 
 of the peace refted in the Parliaraent, although endeavour 
 
 pof" 
 
304 The govern- SUeo.^. Edw.1,1 Kings of 
 
 ment of (- Edw. 2. ^England, 
 
 poflibly might be ufed to fettle the fame in the fole order of 
 the King's own perfon •, and therefore we find not only the af- 
 file of Arms, but generally the fubftance of the Statute at If^ht' 
 ton^ to be formerly taken up by Proclamation by Kings, prede- 
 cefTors to Edward the fecond, who firft that I can find, put the 
 fame into force of a Law by Parliament, finding by experience 
 that Proclamations may declare the King's mind, but not com- 
 mand the peoples wills, although perad venture, the thing en- ■ 
 joyned was of ancient ufe, and little inferiour to cuftom , or 
 Common- Law. Suchare the diftempers of civil broils , that 
 bring up peace in the rear, as a referve when their own ftrength 
 iswalied,rather than outof any natural inclination thereto. A 
 brief recolledlion of the Laws thus enfue, 
 
 In cafe of Robbery or Felony committed^ and the de^ 
 ^'^fJ^^'i lifiq^^^ibe not forth-coming or difcovered^ the Countj 
 ]L.\. or Hundred fiallanfwer the damages. 
 
 Of this, more may appear from the Norman and Saxop 
 Laws; the intent appeareth by the Law it felf, to llir up the 
 people to ufe all means by purfuit with hue and cry, and making 
 inquifitions of the Fadt with all fpeed,in TownlhipSjHundreds, 
 Franchifes, and Counties. 
 
 Terfons fufpe&ed Jljall not be entertained or harbour- 
 cap.r. ^4 yy any Inhabitant^ nnlefs He will undertake for 
 
 him. 
 
 Of this alfo formerly, both in the Norman and Saxon Laws. 
 IValle d Town s flj all ksep their gates fijut from Sun^ 
 cap. y fetto Sun-rijtng. The liks obferved in Cities, Bur- 
 
 roughs, and Towns :^ from the Feaji of Afcenfion to 
 Michaelmas. 
 
 The power of the Watch was great: it might apprehend 
 any paffenger, and ftay him all night i and if he be a fufpeded 
 perlon, he is to be committed to the Sheriff i and if an efcape 
 be made,the party is to be purfued with hue and cry.Thefe two 
 laft Chapters, were in effe(^ in Henry the third's time, in couipfe 
 
 by 
 
Th G(72;er«-CHen.9. Edw. \.2Kitjgs of 305 
 
 Mentof^ Edw. 2. ^Englafjci, 
 
 — -^ ""- 
 
 by way of the King's command l>y Writ, in the ^6 and 37 years J^^- I'/trnin 
 of his Reign, with fomc more particulars concerning the fame, '-^^'^'^-^jt^f- 
 
 <_y^Jzcrfjr. 
 
 High-ways through every LordJJjip JJjall be kept clear cap. ^. 
 on each Jide^ by the fpace of 200 foot from hedge f^ 
 ditches^ bnJJ?es^ and underwood. 
 
 High-ways herein intended,are fuch as are from one Market- 
 Town to another, and in fuch were always prefcrved the pub- 
 lick peace or fafety, for the maintenance of commerce , and 
 freedom of Traftick, which is of fuch publick concernment, 
 that it hath been of very ancient inftitution. 
 
 Every man between the age of fifteen years and forty ^^^ - 
 f})all maintain Arms in hii houfe^ according to the and- 
 ent Ajjize for the preferving of the Peace. 
 
 This Chapter brings into confidcration the fecond thing 
 propounded, r/z. the means of preferving of the peace, which 
 are two: Firft, by maintaining Arms. 2. By certifying de- 
 faults. In the Hr(\ is to be conHdered the perfons that are ro be 
 afleflTed i 2. The Arms i 3. The end. The perfcns to be af- 
 fefled to Arms are indefinitely fet down, and comprehend all 
 forts,as well bond as free, and others i for fuch are the cxprcf- 
 fions in the Commillion of Henry the third. But by the Aliize 
 of Henry the fecond, none were to be armed but Frce-men,and ^ ^ ^'^"' ^' 
 they worth fixteen or ten marks in goods at the leaft : yet their " 1 ™{-fT' 
 Ages are limited j by this Law they muft be between fifteen ^^'j*''* 
 years and forty i but'by theCotnmillion in He/try the third's 
 time, all between fifteen and fixty years of Age were to be arm« 
 cd. King yo/j» arrayed all forts, free, bond, and all others 
 that have Arms : or ought to have or can carry Arras i and,, p . 
 itfeems by what hath been formerly noted , that thofe that\j. '^ , 
 were younger, than their Tenure would bear them out, '' '"'^' 
 were accepted into fervice, if they would offer themfelves i 
 but by thefecourfes they though under one and twenty years 
 of age were not only accepted, but compelled to War. Under l/,./, 
 this Title, we may alfo touch upon the perfons that were the //^ J,; I * 
 mftrument(stoarraythefe men, or rather to arm them-, ^nd MTar-s^Jji: 
 
 Sf thcfe ■ 
 
3o6 ^^^ G^verft' jUen.:^, Edw.1.7 K/;;^/ of 
 
 me fit of I Edw. 2. SEffgla/d, 
 
 thefe were Jufiic€s/V/Vrtf«?,or one or more Commillioners, 
 
 fuchas the King found moirmeet for the fervice ; and unto 
 
 thefe were CommifHons with inftrudionsfent i and fometimes 
 
 Writs were direded only to the Sheriffs, to take with them 
 
 twelve Knights of the County,.and to go into every Hundred,' 
 
 M. ?ari<. tojl and call before them all fuch perfcns,as by the Law ought to 
 
 aJvirSaria, ' ' be aflcfied at Arms, and to caufe them to be fworn to find and 
 
 maintain Arms in fuch manner as by the Law they then (hould 
 
 be, or formerly were alfefTcd •, and fomiCtimes the cflablifhment 
 
 of Arms were fetdownin thofe Writs, and fometimes publifh- 
 
 f d by Proclair.aticn. For Kings Tound all means little enough 
 
 M Paris ^" prevail to bring in alteration of Armis, and of their fervice, 
 
 c.i?MiV;> which was a thing not only troublefome, but chargeable, arui 
 
 e^ I ": J ^/ ' whereunto they could not eafily prevail to bring the Free- men 
 
 to confent j and therefore fometimes the endeavours of Kings 
 
 in fuch cafes, did not only meet dilationem^ but alfo deletionem^ 
 
 as the HiUorian's words are, until the way was found out to 
 
 JM. ?arts. declare an eftablilhment by Parliament, by this Statute made at 
 
 t^/7o 22.53. IViaton. 
 
 Now for the nature of the cflablifhment we are toconfider, 
 that the people oi England were dillinguifhed according to theii: 
 Tenures, into fuch as held by Knight- fervice, and fuch as held 
 U. Gull^lm. by Socage v and that none but thofe being Free- holders could 
 jV. ' * be charged to find Arms according as by the Laws of the Nor- 
 man Conquerour may appear. The e(\abli(hment of Arms for 
 the. Knights, were eliablifbed by their Tenures in certainty,and 
 therefore no need was either of a-ffefTmejit, or oath to tie them 
 to find fuch Arms ■■> but all the difficulty was, for fuch as were 
 not bound by other Tenure than as free born fubjeds , all of 
 whom do owe to their Countr|y defence, and fo queflionlefs 
 hadliberty to provide themfelves of fuch Arms, as were by 
 common and conflant ufe held raoft advantageous againft the 
 common enemy, and for the publick defence. And that thcfe 
 were put in certainty, may appear by the Law of King William 
 formerly noted, and by fome inflances in the Saxon Laws anci- 
 U j£th-irt entlyufedi amongl\ others, that Law of Mi'.theliiane, that for 
 *^. "•'" every Plough, every Man fhould find two compleat Horfes. 
 
 And 
 
fhe Govern-ARtn.^. Edvv.i. ^ Kings of 307 
 
 mefjt of \ Edw. 2. -^ Engnifid, 
 
 And another order of Mthddrcd nigh 80 years after, differing 
 fromit,a(re(red upon every eight hides of Land, a Helnnet,and a 
 Coat of Mail \ and the Hiilorian tells us, that a Hide is a plough 
 Land, or fo much Land as one Plough can keep in till the one HuntirKfton. 
 whole year s and tiic relief of the Noble- men of dll forfs and ^Au. i'oo8. 
 ranks, in Horfes, Helmets, Coats of Mail, Lances, Shields and Ll.Canut.^7. 
 Swords, the meanell of all which degrees, being called Medio- 
 cr/V7/u/Wkf, yielding a relief equal to the Arms of a Knight, 
 in the times wJKreof we now treat,tv«. one Horfe,one Hclmer, 
 one Coat of Mail, one Lance, one Shield, one Sword ■-, all com- 
 prehended under arma ftfj^is if he had 3 certain proper Arms i 
 and the Laws concerning the forfeiture of Arms do in cflftdt 
 affirm the thing, viz. that all men were armed i yet probabfe 
 it is, that Laws were not then fo often made for the inforcing 
 this or that particular fort of Arms, in regard that till rhe Nor- 
 mans time this Ifland was troubled but feldom with any ene- 
 mies from foraign parts, that brought any new forts of weapons 
 into fafhion, the Danes and Norwegians being no other than an 
 eld acquaintance of theirs. Neither were the Saxons as yet 
 tamed by any enemy, fo far as to beg a peace , albeit that the 
 Danes had gotten them under. But after the Norman times, 
 the English being fomewhat overmatched in War, inclined 
 more to Husbandry, and began to lay afide their regard of 
 Arms i and this occafioned the Kings to make affelTments of 
 Arms -J yet having regard to the ancient courfe of the Saxons, 
 faving that they urged the ufe of the Bow more than formerly 
 was ufedj and thereby taught the conquered , to conquer the 
 Conquerours in future ages. Of theie forts of alTefTments be- 
 fore this Statute at Winton^ I find but two , the tirrt made by 
 Benry the fecond,and the other by Henry the third, which to- 
 gether.with that of this Statute, I parallel thus together in their 
 own words. 
 
 Sf 2 UeH,2, 
 
3o8 
 
 The Govern. QHtn,:^. Edw.i.^ Kings of . 
 nnntof^ Edw. 2. \ England, 
 
 Hen. 2. I Hen. 3. | 
 
 Stat. mm. 1 
 
 i Lands. | Goodc. 
 
 1 
 
 Knights fee. 
 
 ijLibrat. fo marks- 
 
 rjl. Land, 
 
 40 marks Goodi. 
 
 Hauberk^ | 
 Shjpel de fer^ 
 Efpee 
 Cot ell 
 Chival 
 
 10 I. Lands, 
 20 marks Goods. 
 
 Lor i cam 
 Cafidem 
 Clipeum 
 Lanceam 
 
 Loncam 
 Capellum ferri 
 Gladium 
 Cultellum 
 Efjuum 
 
 10 Librat. 
 
 Loricam 
 CapeVum ferri 
 Gladium 
 Cultellum 
 
 Ecjuum 
 
 f Chat- 
 r6 Marks < tels 
 
 C Rents. 
 
 40 marks. 
 
 Halbergelum 
 Capetetu m ferri 
 Lanceam 
 
 Halburgettum Halbertum 
 Capellum ferri capeVumferreum 
 Gladium ^Gladium 
 Cultellum Cultellum 
 
 Hauberk^ j 
 ShapeU defer 
 Efpee . 
 Cotell. 
 
 f chatteh 
 10 Marks < 
 
 ( Rents. 
 
 loe s. 
 
 ao marks. 
 
 loos. Land, 
 
 IVanbais 
 Capelletum ferri 
 Lanceam 
 
 Perpunrtunt. 
 capeVumferreum 
 Gladium 
 Lanceam • 
 Cultellum 
 
 Betwixt si. &40 s. 
 
 Perpun&um 
 capeVumferreum 
 Gladium 
 Cultellum 
 
 Purpoint 
 ShapeVde fer 
 Efpee 
 CoteU 
 
 
 9 marks.. 
 
 Betwfxtsl&40 5.' 
 
 
 Gladium Gladium . 
 Cultellum Arcum & fagit. 
 Arcum & fagit, Cultellum 
 
 Efpee 
 
 Arks & fetes 
 
 Cotels 
 
 under 40 s. 
 
 
 undpr 40 s. 
 
 under 9 marks 
 to 405. 
 
 
 Fakes 
 GifarmaSj 
 Cultellos^ &c. 
 
 Fakes 
 Gifarmajj &c. 
 
 Faulx 
 
 Gifarmes 
 
 Cotels 
 
 
 
 under 20 marks 
 Goods. 
 
 
 Efpees 
 Cotels. 
 
The govcrfi' rUen.^.Edw.i.iKwgf of 309 
 
 mentof I Edw. 2. ^ Englatjd. 
 
 I have thus impaled thcfe three, that the Reader may the bet- 
 ter difcern how they relate each to other , and fo may the 
 better underftand the matter in the fum. And I muft ex- 
 plain three or four words in them as they are kt. down , be- 
 fore I can bring up the conclufion, becaufe the miftake of the 
 fence of the words, hath made fome milhke the intent of tlie 
 thing, and forced tlie fame to an unwarrantable ifllie. Lorica ^ . ^ , 
 llgniries that peiccof Armour that defends the bread, or fore- ,,!o'" f''"'' 
 paftot the body, and lometimesis made ot plates of Iron , ot Dialog. 6. 
 which fort I conceive, thofe of the old Germans were (where- 
 of the Hiftorian makcth mention, pauces lorJc£^ he faith the 7"^^//,,^-^ 
 Germans had few Arms of defence of their fore-parts, and 
 fewer Helmets or Head-peicesJ for othcrwife,if they had Iron 
 defences for their heads, they would not have been content 
 
 ceive it cannot be fo meant in the affeffments of Henry the fe- 
 cond, and Henry the third, becaufe that thofe of the fecond de-- 
 gree are faid that they ought to keep Hanbergettum , or Hal- 
 bitrgellum^ox Haubertum -y all which are but feveral dialed^s of 
 one name, and arc taken for a Coat of Mail ; and therefore 
 by the diverfity of namesin oneand the fame afTelTment, I do 
 conclude that the Armour was not of one and the fame fa(h.i- 
 on. But it's evident, that by Hauberk^ in the affefTment of tiie 
 Statute at jyint. is meant a Coat of Mail , and is never taken 
 foraBreft plate or Gorget, as hath been taken upon truft by 
 fome that build more weighty concluGons upon that weak 
 principle, than it's able to bear i and for tiie truth hereof, as 
 the word is a French word, fo I appeal to all French Authors, 
 and ftiall not trouble the Reader with the notation of the word 
 or further about the meaning thereof. In the laft place, as 
 great milhke is, that alfo of the word Shape]! de ferr;^ which is 
 taken by fome to betoken a breft- plate of Iron. For the truth 
 whereof, the Reader may confider the Latin word Capellum^ 
 orjC<J/>f//ff;fw,and heQuUhnd thatit is an Iron-cap, or an 
 ordinary Head-peice: and in the Aflizeof Hemy the third, it 
 
 holds- 
 
3.1 0; ^^^ 
 
 ^(?«;cr«- JHea.5. Edw.\,iK7figs of 
 
 holds the place of Ca^u in the Aflize of }lemy the fecond •, for 
 the manner of all thcfe, let the Reader view the fculptures of 
 the feveral Norman Kings, armed for the charge, in the begin- 
 ning of their feveral Reigns, as they are reprefented in Speed^s 
 Hiltory. It may alfo be conceived, that there is as much miltake 
 of that weapon, which is called cnhehtm or cotel, whilfi: they 
 tranflate it by the word Knife, for though it be true,that it is one 
 fignihcation of that word, yet it appears not only by this Law, 
 tbat.it was a weapon for a Knight in War- but in ufeat Torna- 
 ments, as by that Statute that tbi^Bids the ufe of a pointed 
 Sword, or pointed Cotel, a Battcon, or a Mace, at that fport : 
 and therefore it may feem to be fome weapon of greater ufe, 
 either a Cotellax, or fuch like weapon, otherwife to enjoyn the 
 rinding of a Knife to a man as an ofFenfive weapon' , againrt 
 armed men in Battel would ferve to ne ufe at all. . 
 
 Now concerning the difference between the feVeral Adizes 
 aforefaidjit confifteth either in the number of the feveral de- 
 grees or ranks of thofc that are affcfled : or fecondly , in the 
 manner of their valuation :• or laftly, in the particulars of their 
 Arniis affcfled upon them. As touching the degrees in Henry 
 thelccond's time, they were but three, in regard that he only 
 aiTclTed Free- holders: and certainly that was the ancient Law, 
 as by the Law of the Conquerour, and other Saxon Laws for- 
 merly mentioned may appear. But Henry the third taking 
 example of King John , who was the Hrft founder of general 
 arrays, charged all but fuch as were men of; nothing \ albeit, I 
 iind not that fuch as were of the inferioiir degree. Were fwom 
 to thofe Arms, but rather allowed to have them. And though 
 the Statute at r^/W^f/r^r holdeth to the fame degrees in Lands, 
 yet in the value of goods, there is fome difference in favour of 
 them that only have ftock, and no Free-hold. Secondly, there 
 is- fome difference in the manner of valuation of L^nds with 
 Chattels » and therein the Statute at Winton favours the perfo- 
 nalertates, moiethanHf«. 3. and he more than^ Hen, 2. and 
 yet all of them pretend one rule of ancient cuftom', I believe 
 they mean that they had it in their eye, but not intheit hear* : 
 for they would come asnightoit a$ they could , and yetkcrp 
 
 as 
 
Th€ go'vern- jHeo.^, Edw.i.lKingf of 311 
 
 mef/t rfl Edw. 2. S EngUfid, 
 
 as far from it as they durfr. Thirdly, as touching the diffe- 
 rence of the Arms between thefe three afTelTments, it feems fo 
 fniall, as in this, they are mofi; of all one. For wherein Hcn.2, 
 kads, bothi^^«. 3.and E^j^j. i. do imitate, faving that they 
 addthe Horfe and Sword, which queftionlcfs was to be un- 
 derflood as a granted cafe, that the complcat Arms of a man 
 could npt be carried and managed without a Horfe, nor de- 
 fended without a Sword. As touching other alterations, it 
 might b; done upon good advice, as not being deemed meet 
 that fuch as were no Knights but in eftate, fhould be armed in 
 every refpcdl like as the knights were. And thus we have an 
 ancient curtom of maintaining Arms by every Free-man, for 
 the defence of the Kingdom, firl\ made uncertain by- the 
 avarice of Kings, and negligence of the Free-men , and - 
 brougijit inlo an arlDitra,ur charge i at length reduced to a cer- 
 tainty, upon allioEts of Inhabitants by a Statute Law (if fo it 
 thch were J. unto which-evcry man had yielded himfelf bound 
 by his own content. But to what end is all this ? I faid it was 
 for the defence of the Kingdom, and fo it was in (he original > 
 •and, yet ajfo for the fefjety of the King in orcjer thereunto, and 
 ifov-tlie fafety and maintenance of the peace of every member 
 of the whole body. .This in one .lump thus will not down 
 with fome,\vho will have this affefTment only to be for keep- 
 ing- of the peace againft routs -and riots, but not fufficient nor 
 intended to be fupply for War, when Edward the firrt calls for 
 it, becaufe Ei^zvW the firrt (hall not have his power confined 
 within the compafs of a Statute, but to be at liberty of array 
 as he (liould think meet ■■, and it's not to be denyed but the 
 words of this Law run thus , viz. That the intent thereof is 
 Tor prcferving of the peace ■■, but thofe general words will not 
 bear the power of a rellridive fence , for certainly the peace is 
 as well preferved by, providing againft War, as againfi: Riots , 
 and againiLForaign War as int^eftine , mutinies : and that the 
 Statute intended the one', as well as the other will appear , be- 
 caufe it was made in relation to former precedcfits of Henry the 
 third, and they fpeak plainly that their intent was to ftrength- 
 en the Kingdom againli dangers from abroad j the woi';^s 
 
 of 
 
313 The govern- \UeQ,^. Edw.i.-> Kings of 
 
 ment of \ Edw. 2. ^England, 
 
 of the Hiftorian are clear, that Henry the third charged all thait 
 
 had 15 libratasteTr£^zx\di upwards, (hould undertake the Arms 
 
 M.Paru.f. 91^ of a Knight, ut Affglia f.cut Italia militia roboraretur. And be- 
 
 caufehehad threats from beyond Sea, by the dcfcdion of the 
 
 M Tar' f Gafcoigns, therefore he caufed Writs to ilTue forth throughout 
 
 8^4 the Kingdom, that /^c««(^i?w^r/]?/«j?w w«/«<'/«i//wfw,a(rtirment 
 
 TT, „ J, of A^riDS (hou]d bt fecu}idum facultatet ; and in one of the 
 
 vlrfal'h * ' Writs publi(hcd,by theHiftorian the exprefs affeifment of ff. 3. 
 
 T^.tarif. formerly mentioned, is particularly fet down. Nor are tliefe 
 
 • Arms thus aflelTed, fc* flight as men would pretend , for the 
 
 Arms of the firft rank, were the compleat Arms of a Knight, 
 
 and their eftares equal thereunto j for thofe 15 librat£ terra 
 
 amounted unto 780 Acres of Land,as the late publifher of Taris 
 
 his Hiftory hath '].t\ and is very nigh the reckoning of Henry 
 
 Huntington^ who (as hath been mentioned ) layeth a Helmet and 
 
 Coat of Mail unto eight Hides of Land, which according to 
 
 Op. fen;t t. Qcfy^fe of 'Tilbttrie''s account,cometh to 800 Acres, every Hide 
 
 containing one hundred Acres. Thefe thcreforevvere better 
 
 than Hoblers. And the fucceeding ranks found Arms ajfo 
 
 proportionable to their eftates.,as corfiderable as the times could 
 
 hnd for fuch as were of conftant ufe, and might be fupplyed 
 
 with other weapons.as occafion ferved, and as they might be Of 
 
 mo{\ benefit for the fervice. 
 
 Furthermore, whereas it's faid, that the^ifdom of the Par- 
 
 ■ liament might be queftioned, if they intended no better provi- 
 
 fion againft an enemy, than againft a Thief or Rogue, I (hould 
 
 deike theconfideration of thofe men,whether are thofe thieves 
 
 and rogues, in Troops or bodies, and well armed, or are they a 
 
 fort of fcattered out- laws, lightly armed to fly away, when 
 
 they have gotten the prey ? If they were in the former 
 
 podure,! pray what diflferenccin point of difficulty of fuppref- 
 
 fing between them and fo many enemies? and if it was difcre- 
 
 tion in the Parliament to make this provifion againft the one, 
 
 certainly thcfe, with the Knight-hood of the Kingdom, with 
 
 as much difcretion, will be fufticient proviGon againft the o- 
 
 ther. But if thefe be looked upon in the latter fence,! fear the 
 
 : difcretion of the Parliament would have been much more quc- 
 
 \ .. ftioned 
 
Th Gover^/i'^Ben.^. Edw, i.'PKiffgi of 313 
 
 Mentof^ Edw. 2. ^PK^land. 
 
 ftioned in arming all men that have any ability to fupprefs 
 Thieves and Rogues, againft which the ordinary watch and 
 ward of the Kingdom, was an ancient and approved remedy, 
 and fufficient fafe-guard. And I would fain know of thefc 
 men wftetherit be for the-fafety of E^jvjr^^ the HrlVor any other 
 King to arm the whole body of the people, efpecially in times 
 of jealoufie for fupprelling of Thieves and Robbers, when as it 
 may be done by a guard of known men in every County, with 
 much more eafe and lefs charge to the people. 
 
 Laftly, whereas it's endeavoured to make this Statute but a 
 temporary provilion and taken up for the prefent condition of 
 aflfairs, when Thieves and Robbers went with great lircngth, 
 and in multitudes. This might be I grant of (ome efficacy , if it 
 had beer) introdn&h mvi juris \ but it being grounded upon a 
 farmer cuftom, the ground of that cullom Cwhich was de- 
 fence of the Kingdom) muft be the warrant of the Lawi other- 
 wife the prefent inconvenience might be remedied by a prefent 
 order, and needed not the help of a Law that fhould rcli upon 
 former cuftom, or provide for future generations. Nevcr- 
 thelefs, if all be granted, viz. that this Statute is but a prefent 
 order, that the Arms therein are too llight to reli(\ an enemy i 
 and the end thereof was only to enable the Kingdom againfi: 
 Thieves and Robbers j yet could not E^rvjr^i the tirlt pretend 
 to have any power to affefs Arms at pleafure upon occafion 
 of War, for the defence of the Kingdom \ nor is there any 
 precedent in ftory thatcounfenanceth it, feeing Henry the third, 
 and Henry the fecond, in their courfe ufed the rule fecuadumfa- 
 cuhates^ as had been formerly obferved i and the rule fore- 
 going tended only to Free- men and their Lands. Nor did 
 King John difclaim the fam-c, but purfued it (and yet if there 
 be any precedent of prerogative in Itory, which King John had 
 not, that King will be looked upon as a King of wonderment.) 
 I fay King JohnpaxCued it when he was in the (irength of his 
 diftemper i threatned by the Pope, provoked by the French 
 King, now ready in the field, vexed by his people, and himfelf 
 fcarcehimfelf,fummons to defend himfelf, themfclves, and jt^j pj^ii. 
 the Kingdom of EiigUnd^siW men that ought to have Arms, li,». uiV 
 
 Tt ox 
 
514 I'kt 0^?;fr«- CHen.5. EdiVf. 1,1 Kings of 
 
 ment of 1 Edw. 2. S England, 
 
 or n.ay have Arms.and fuch as have no Arms, and yet arma ha^ 
 herepofint^ht tiitm alfo come ad capieudumfolidatas «o/?r<j/,and 
 accordingly there came a vaft number, not only of the Arm- 
 ed men, but of the uraimed n.uUitude, who afterward were 
 feni to their own hrme when viduals failed. Hitherto therefore 
 King Jrhft not above three years before his death, held himfelf 
 ro tlieafTenment toarms only of fuch as had Lands i and at 
 this time of exigency, others unarmed were fummoned to take 
 arms from the King with their pay,or othctwife they murt fight 
 •without weapons, 
 
 I am now come to the lafl general point, which concerneth 
 the executive power of matters concerning the peace within 
 this Law , touching which the Statute enforceth this , that 
 Conftables in every Hundred and Franchife (hall have the view 
 of arms, and (ball prtfcnt defaults againft the Statute of Jufiices 
 aliigiicd, who (liall certihe the fame to the King in every Parlia* 
 ment, and the K'mg (\va\\ provide remedy ■■, whereby it feemeth 
 manifeft, that hitherto no Law or cuflom was made againft 
 any for default of arms, but only fuch as held by that Tenure: 
 and therefore they had a fliift to caufe them to fwear to maintain 
 arms, and fo might proceed upon defaults, as in cafe of perjury* 
 and that the Parliament was Hill loth to fet any certain rule for 
 penalty, and abfolutely declined it, and left it under a general 
 periculo inaimbcnte^ which it's likely, men would rather efchcw 
 by obedience, than adventure upon out of a daring fpirit, un- 
 lefs their cafe was very clear , within the mercy of common 
 reafon \ and therefore fuch cafes were left to fpecial order of the 
 Parliament, rather than they would deliver fuch a rod as deter- 
 mining power was, over into any uncertain hand whatever. It 
 is very true, that by the opinion of fome, this alfo hath been 
 controverred,asif all the executive pov/er had been turned 
 out oi the Parliaments order, into the directory of 'Edward the 
 firrt, which thing reacheth far •, for then in order thereunto,thc 
 whole Militia cf the Kingdom muft have been under his fafe 
 comiviand s ar.d whether it ever entred into the conceit of that 
 King 1 know not, but fom.ewhat like thereunto, is not ob» 
 fcurcly urged to npurifhandfuggcft fuch a Kind of notion, 
 
 and 
 
The Govern- j Hen. 5. Edw. i. ^ Kings of 315 
 
 weKt (ff c Edvv. 2. j England. 
 
 and fo derive it unto his fucceffors/ipon the words of a Statute 
 dedefenfione portandi armorum , the Enghth whereof I llull 
 render out of the French as foUoweth : 
 
 It belon^etb to ui (viz. \idw. I.) and from us by our Royal 
 Sergnory to defend force of Anns, and all other force aiiainji our 
 peace at all times that we jhall pleafe, and to punifJ} accordimr to 
 the Laws and ufages of this Realm^ fitch as fljall oppofe^ and to 
 this^they (viz. Lords and Commons>rf bound us to aid as their 
 good Lor d^ always when need jhall be. 
 
 Two things are concurrant with this, which is the body of 
 the Statute (if fuch it beO the one is the preface, or the occalion; 
 and thefecondis, the conclullon upon the whole body ot the 
 fame. The preface tirfi fcts down the infcription or dircdion 
 of the Law •, not to the people but to the Juliiccs of his bench, 
 and fo it's in nature of a Writ or Declaration fent unto his 
 Judges. Then it fets down the occahon, which was a debate 
 between E'/fv. i.and his Lords^wich a Treaty which was had 
 before certain pcrfons deputed thereto : and it was accorded, 
 that at the next Parliament, Order rtiall be taken by common 
 confent of the King, tlie Prelates, Earls and Barons, (hat in 
 all P»rljaraents,treaties, and other aflemblies which flull be had 
 in the Kingdom of England for ever after, all men (hall come 
 thereto without force,and without Arms, well and peaceably •, 
 and thence it recites, that the faid meeting at Parliamenc was 
 had, and that (here the Prelates, Earls, Barons, and Como- 
 nalty being aiTemblcd to advife upon this matter: nous eiont 
 /^/A, faith one copy , znd nnxs eions dit ^ faith another copy-, 
 fo as whether this was the Declaration of the King unto the 
 Parliament, or of the Parliament to the King, isone^pubt, 
 and a principal one it is in fuch a cafe as this. Thcnt"con- 
 clu(ion of air is, that the King commandeth thcfe things (liall 
 beread before the JulHces in the bench, and there enrolled* 
 and this is dated the ^oth. of OVtoher in the feverith year of his 
 Reign, which was Ann. 1 279. So as it it were the Declaration 
 of the King,thenitimpliethas if it were not very well accept- 
 ed of the Parliament > and therefore the King would have ic 
 
 Tt 2 rcl\ 
 
^l6 TheGoverffXUen.:^. Edw, i.i Kings of 
 
 men t of 2 Edw, 2. § England. 
 
 reft upon record In nature of a claim or prote^ando , for faving 
 the prerogative of the Crown. But^ if it were the Declaration 
 of the Pailiamcnt, the King Iield it fo precious a flower , that 
 fearing it fhould fade, fet it in a private Garden of his own, that 
 it might be more carefully nurftd againit-the blaft of time , a? 
 if the Parliam.ent had not aflcntcd thereto, or Cif they did J 
 meaned not to hold it forth to the world for future times to be 
 aconftant rule, but only by way of concelhon, to eafe them* 
 fclves of the prefent difficulty , in m.akinga La\y againft wear* 
 ing of Armour in ordinary civil affairs, and fo referred it to the 
 King's car<; to provide againft emergent breach of the peace, 
 as an expedient for the prefent inconveniences in affairs. And 
 it will well fuit with the poftureof affairs then in courfe , for 
 the Welfh Wars were row -intermitted , and a quiet of three 
 years enfued i iri the mid ft of which. Soldiers having liberty 
 to do nothing (and that is next to naught) but recreate them- 
 felves, ufed their wonted guife, as if they were not drcffed that 
 day that they were not armicd \ nor fit for counfcl, unlefs (af? 
 their AnceftorsJ with weapons in their hands, nor worthy of 
 the prefcnce of a King under other notion, than ^s a GeneraV 
 in the Held, and themfelves as Comimanders that are never 
 A-la-mode , but when all in fron and Steel. I fay to ma4ie a 
 Law that muR fuddenly bind men from riding, or being arm- 
 ed, when no man thought hirafelf fafe otherwife, was in effcdl 
 toexpofe their bare necks to the next turn of the Sword ot a 
 King, that they did not over- much truft, and the lefs in regard 
 hetrufted not them. I do not wonder therefore if the Par- 
 liament liked not the work, but left it to the King to provide 
 for the keeping off breaches of the peace, and promifed their 
 adiftaiig therein. 
 
 LaWy^, fuppof^ng all that is or can be fuppofed, viz. that the 
 Parliament had given up the power of the Militia unto Edw. 
 the firft, yet it was not to all intents, nor did it continue; for 
 befides the Statute of Tornaments, which ftievveth plainly that 
 the ordering of Armour, was in the power of the Parliamentj 
 and which in all probabilty was made after that Law laft be- 
 foK- mentioned i . the St«ctiue at ff^inton made after this Law 
 
 nigh 
 
The Conclufion. 317 
 
 nigh fix years fpace,ordereth the ufe of the Trained bands in 
 maintaining the peace, an-d referveth the penalties to themfelves 
 for any default committed againfl the faid ad. And therefore 
 notwithftanding any thing, that yet appcareth to me out of 
 any Law or Hillory, the chief moderatorfhip of War and peace, 
 witiiin the Realm of E«^/j;/(:/, reftcth hitherto upon the Par- 
 Jiament next unto God, and inrthe King no otherwife, than in 
 order to the publick, the rule whereof can be determined by no 
 other Judge, than that which can be intended to have no other 
 refpedlchan the publick good i and which is the abridgement 
 of the large,volume of the Kingdom. 
 
 A fummary Conclufion. 
 
 ^;- Nd thus have I brought the fhape of Englidi Govern- 
 ment Crude as it is) from the Hrft off-fpring of the Sa- 
 xons, through the rough waves of the DaniQi tempers, 
 the rocks of Norman in vafion, and of theQaick-fandsof Ar- 
 bitrary government under Popes and Kings to the Haven \ 
 much defaced it is I confefs, by the rage of time, and yet re- 
 tained the original likenefs in proportion. 
 
 Kings hrlt C about the Norman times j joyning with the 
 Lords for their joynt interelt above the ordinary pi(ch , had 
 mounted each other too high to be Lords over Free-men, Then 
 by flattering of the Free-men into their defigns, hovered above 
 them all -, but not being able to maintain their pitch fo long as 
 the Lords held together, (looped for a party amongft them, 
 and foon obtained their delire. For fome Lords ("more ambi-* 
 tious than others , and they again more popular than them ) 
 feck feveral interefts ; And thus Kings ( aided by their party 
 toaSupremacy which they were never born toi and it by 
 them into a preheminence above their Peers, which neither 
 Law nor Curtom ever gave them ) are of Moderators in the 
 Councilor Lords, become Moderators of thofe Councils-, 
 
 and 
 
2a8 The C-ondTifwr2^ 
 
 and fo they obtained a]l that the Lords had, but no more. For 
 though both they, and the Lords abufcd their power over the 
 Frce-rhen by extorfion and opprellion as Lords over Terantsi 
 yet could they never prevail over thcnn as free born fubjctfis tp 
 gain their confent to give their right , or the Law up to the 
 'King's beck-, but ftiil that remained arbiter both of King and 
 people, and the Parliament Supreme expounder and Judge both 
 of it and them. Other argument hereof there will be little 
 rieed,befides what hath forriierly appeared, than what we find 
 , ^ in Bradofi, who wrote in the time of Henry the third , to this 
 iSifJttJ'i, t '" f.ff^^ . Qg^ I J. -piperiour to the King^ and the Larvby which he u ' 
 "' ' ' made King^ and his Court , viz. the Earls and Barons : Earls 
 
 (according to their nanie Co\Vt\{Qs)are the Kin^s ajfociates^and he 
 that hath an affociate hath a mailer i a^d therefore if the King be 
 unbridled (or rvhich is all one) rvithout Lan\ they ought to bridle 
 him. unUjs they will be unbridled as the King^ and then the Com- 
 mons may cry^ Lo Jtfiis^ &c. This was the judgement of that 
 famous Lawyer of the State of an Englifh King, in Henry the 
 third's tim.e,! fiiall add hereto a concurrent teflimony of a 
 J^Li-or, ^uR, Lawyer alfo in Edrvard the tirft's time. Although (faith he) the 
 f- 9- King ought to have no equalin the hand : yet becjaufe the King 
 
 nor his CommiJJjoJiers (hi cafe inhere the King intrencheth npon 
 the riqlot of any ef his Subjecis) can be both Judge and Party\ the 
 Kiifg by right ounjjt to have companions^ to hear and determine in 
 Parliament^ all IVrits and plaints of nrongs done by the King^ the 
 ^een, or their Children^ and of thofe wrongs efpecially^ rvhereof 
 othertvife common right cannot be had. Nor is this the opinion 
 ZJw. z. only of Lawyers, but it is the Lavy it felf unto which the Royal 
 
 affent was added, and the fame fealed with an Oath in the fo- 
 lemn ftipulation made by Kings at their Coronation, with the 
 pecpk then prcfent in the name of the whole body : the fum 
 lUmonft. Par- whereof is wont to be propounded to the King in this mianner, 
 liamsnt. no- though in a different Language. 
 
 I . IP'?// yougrant And ksep, arid by your Oath co)7firm 
 to the fecflc of England, the Laws and Cuftom's to them 
 granted by the ancient Kings <?/ Engl and, /<?wr righteous 
 
 and 
 
 lift;. I. z. 
 
 t^M. I (<4 I . 
 
The Conclufion. 3 ' 9 
 
 af7d godly predecejjors : and cjpcdallji to the Clergy 
 and people, by the glorious King ^/. Edward ;'<?wr /^re- 
 
 decejfor .«? 
 
 The Kings anfwer : I do them grant 
 and promife. 
 2. IVill you keep to God and the Church, and the Cler- 
 gy, and the People^ peace and concord jincerely accord* 
 ing to your power .<? 
 
 The Kings anfwer : I will do it, 
 5. Do you grant to hold and keep the Laws and right- 
 ful Cufioms, which the Commonalty of your Realm pall 
 have chojen, and to maintain and enforce them to the 
 honour of God after your power. ^ 
 
 The King's Anfwer : I this do grant 
 and promife. 
 
 In few words, the King promifed to keep the Laws already 
 made, the peace of his Kingdom, and the Laws to be agreed 
 upon by the CoiTinnonaky : the fame in fubftance with that of 
 Henry the firft , IViUiam the Con^uetour s the Danidi and 
 Saxon Kings formerly had, and in tlie foregoing difcourfe ob- 
 fcrvcd : And thus is he led to the Throne in a Chain of Gold, 
 a fcrious memorial of the King's duty as he is a Man,and a glo- 
 rious ornament to him as a King. It then the King be under 
 the Lawin<:areof diredion, as by ftipulation he is bound , if 
 he belikewife under the Law in cafe of tranfgrcflion to be 
 judged by his Comites^ or Peers. Hitherto certainly an Eng- 
 lifn King is but Primus inter omnes^ and not fupra totum •, and if 
 at any time he skipped higher, he afterwards fell lower •, for it 
 was the lot of thefe times to have Lords that were bent to 
 work the people to regard their own liberties, in which the 
 Lords had firH wrapped up their own claims. Thiis comes 
 the counfcls of fuch as have been notorioully exorbitant to be 
 fcanncd', and to bring thefe into frame, all run out of framei 
 the Barons Wars arife, and thrive according as rntercfts do 
 
 con- 
 
320 TheConclufioti, 
 
 conccntci more or Icfs \ the ilTue is like that ot a drawn battel, 
 wherein he that continueth hit in the Field, is glad to be gone 
 away, and fotheTitk is lett to be tryed upon the next ad- 
 vantage thatfhaUarife. 
 Yet had Kings gotten one ftepforwatdsto their deOgn, 
 * which was. that they now had to deal with a divided Baron- 
 age. It v/as the birth of ambition, and it was nouri(bed by the 
 Tame milk i for thofe that fide with the King are become Mag- 
 nihcoes next to the King's perfon , and the (ble managers of 
 all the great affairs of State, concurrent with their own dcfigns 
 under- board. But the other Lords are in account rural, Hand- 
 ing further off, and looking on at a diftance, are laid away as 
 fuperfluous: and as they themfelves areout of the game of 
 great vatn^ fo grow they mindlefs of their intereft in the great 
 affairs, yet of thcfe there is diverfity, for fome fport themfelves 
 in their condition i others obfcrve the irrfgular motions of 
 thofe above, and watrh their own time. 
 
 This was the firft advance of that fociety, which was after- 
 wards called the Privy-Council i being a company of cliaice 
 men according to the King's bent, unto whom the coniiderati- 
 on of all the weighty affairs of the Kingdom is committed^ but 
 nothing can be concluded without the King's fiat^ which regu- 
 larly Ihould follow upon the premiffes, according to the major 
 vote i but more ordinarily fuiteth with that, which beft fuiteth 
 with his pleafure. And now are Parliaments looked on as fa- 
 tal, or at the belt, but as heavy dull debates, and inconvenient 
 -both for fpeed and fecrecy •, which indeed are advantages for 
 weak and unwarrantable coun(cls,but fuch as are well ground- 
 ed upon truth, and ftrength of reafon of State care not to be- 
 hold the cleareft noon day, and prevail neither by fpeed nor fe- 
 crecy, but by the power of uncontrolled Reafon, fetcht from 
 truth it felf. The grand Council of Lords alfo arenow no kfs 
 burthenfome; For though they were notable to prevail againft 
 the private defigns of an arbitrary Supremacy, yet do they 
 binder the progress , tell tales to the people, and blot the names 
 of thofe that are of that afpiring humour ", which once done, 
 like that oiSift^hui they have no other end of their labour than 
 their toil. - . Thus 
 
The Conclfifion, 221 
 
 Thus periihed that nncient and lightly honourable Grand 
 Council of Lords, having HriUaidalide the publick, then loft 
 unity, and laftly thrrrifclves •, belldes the extreme danger of 
 the whole body. For the fence of State once contraded into a 
 Privy-Council, is Toon contrad:d into a Cabinet-Council, and 
 laft ^f all into a Favourite or two , which many times brings 
 damage to t'le publivk.and both tnemfelves and Kings into (^k- 
 ttea\c pr£cipicesi partly for want of maturity, but principally 
 througli the providence of God over-ruling irregular courfes, 
 to the hurt of fuch as walk in them. 
 
 Nor were the Clergy idle in this* buftle of affairs , although 
 not very v.ell employed i for it is not to be imagined but that 
 thefeprivaie prizes plaid between the Lords, Commons and 
 King, laid each other open to the aim of a foraign preten- 
 fion, whiUt they lay at their clofe guard one againll another : 
 and this made an Ecclefiaftical power to grow upon the Civil, 
 like the Ivy upon the Oak,from being fcrvants to friends , and 
 thence Lords of Lords, and Kings of Kings : By tlie firft put- 
 ting forth, it might feem to be a Spiritual Kingdom, but in 
 the blofTom, which now is come to fomeluflre, it's evident to 
 be nothing but a Temporal Monarchy over the confcienccs cf 
 men > and fo like Cuckows,laying their Eggs in nefis that are 
 none of their own, they have their brood brought up at the 
 publick charge. Neverthelefs, this their Monarchy was as 
 yet beyond their reach i it was Prelacy that they laboured for, 
 pretending to the Pope's ufe i but in order to themfelvc?. The 
 cripple efpyed their halting, and made them foon tread after 
 his pace •, he is content they (hould be Prelates , without mea- 
 fure, within tl-.eirfcveral DiocefTcs and Provinces, fo as he 
 may be the fole Fr£latiJJj:Ko beyond all comparifbn ^ and un* 
 doubtcdly thus had been brfore thefe times defiroyed the very 
 principles ot the Church-government of this Kingdom, but 
 that two things prejudiced the work: the one, that the Pa- 
 palty was a Foraign power, and the other,, that as yet the Pope 
 was entangled with the power of Councils, if hcdid not floop 
 thereunto. The firfl of thele two, was the moft' deadly Herb 
 in the Pottage, and made it fo unfavoury, that it could never 
 
 Vu be 
 
2 2 3 ihe Ccncluflon, 
 
 bedigelledin this Kingdom:. For K'ngs looking upon this as 
 an intrcnchment upon their prerogative, and the people alfo as 
 anintrcnchmenr upon (heir liberties, both or one ot them were 
 ever upon the guard, to keep out that which was without, and 
 would be rultd neither by Law nor Counfel. Aid therefore 
 though both Kings and people,vcldcd much unto the irr.portu- 
 riry ot thtfc u.cn, and gave them many privilcgts whereby they 
 became great ■> yet was their grcatnels dependent upon the 
 Lawot the Lard and vote of Parlian.ent s and though they 
 had. the more power, they reverihtlels were not one jot the 
 more ablolute but ftill the Law kept above their trp^ 1 deny 
 rot, bur they in their pracftice exceeded the iu1e often, and lifted 
 tpemklvts above their rai.k \ yet it is ..s well to be granted, 
 that they could never make Law to bind the Church men.mucli 
 lefs the Laity, but by conjund^ic^n of the^rand Courclls , both 
 forChu)ch and Coiiimon wealth-affiiis •, nor c«juld they exe- 
 cute any 'Law in caie that concerned the liberty or propriety 
 of cither, hut in a Synodical way, or as de^nited by rh<-' Failia- 
 mcnt in that manner. And therefore ! muft conclude, that in 
 tnele times whereof we treat, tl:e principles of t^hurch go- 
 vernment, fo far as warranted by Law , were in their nature 
 Presbytcriah that is, both in making Law^ard executing thcmj 
 Eifhops and Arch- Bi(hups were never trufled wi(h the fole' ad- 
 miniftration of them, but in and by confent of Syr.ods, in which 
 the Clergy and Laity < ught to havetlY^f ]oynt vote , and all 
 power more or coutrat-y hereto, was at the^ bed an ufuiparion 
 coloured by pradice, whicli was eafily attained , where there 
 was a perpetual moderatorlhip reftingin the BiOiop, and over 
 all the Pope •, the Ring, Loids and CoiViiiiOns in the ^^JCan vvhile 
 being buried in purluitot feveial interclh elfcwherc. , 
 
 To mike all femblable,the tree men met with the fad influ- 
 ence of thefe dilkmpers, as well from the King and Lords , as 
 the Clergy. Kings to fave their own ftake fiom the Pf)pc, re- 
 mitted ot that proie-aion which they OWcd to their Subjeds, 
 and let in upon them ^ flood bfoppretfii'>ns;and Oitc-i'tionsfrom 
 the Romilh and Lnglim Clergy, and To like a little thip call out 
 a barrel ior the Whdle to perafe, till it gets away ; but this 
 
 ' -dian^ed 
 
The Coftclufion. ^ 3 ^ 
 
 changed no right. The Loid-. by their parties Hiaitcred them 
 afunder, and difmembred their body by intelUne broils. The 
 Clergy more craftily making fome of them free Denifons cf 
 the Roman See. and taking them into their protedion, whiUt 
 others of the Free- men at a dillance, were expofed as a prey to 
 the continual affaults of thofe devouring times : all thtfe con- 
 fpired together, to deface and delhoy that ancient and goodly 
 bond of Brotherhood, the Law of Dccenners , by which the 
 Free- men, formerly holden together like Cement in a ftrong 
 wall, are now left like a heap of loofe ttoncs, or fo many firgle 
 men fcarcely cfcaping with their skin of liberties, and thufc in- 
 vaded by many projects and Qiifts in government of State-af- 
 fairs. So mult I leave them until fome happy hand fliall work 
 their repair, both for time and manner , as it (liall pleafe that 
 great and tpife Majhr-builder of the IVorld, 
 
 FINIS. 
 
 Vu 3 The 
 
The Table. 
 
 ABbots page 22p 
 
 Ahhcysgnarter p.242 
 Not taxed or viftted 
 from Foraign parts 
 p.244 
 Vacancies ibid. 
 
 Ftirveyanee ibid. 
 
 Aberemurder amougH the Sa- 
 xons V'99 
 Accolites amongji the Saxons 
 
 p.28 
 
 Accufation, tvitnejfes amongjl 
 
 the Saxons P-iSO 
 
 Adlion amongji the Saxons 
 
 p.87 
 Acquittail, vide Knight-fervice 
 Adminiftration, vide Intejiate. 
 Adultery among ji the Saxons 
 
 p.42 
 Among ji the Normans p. 1 4 1 
 After p.234 
 
 Ad vowfons cognifance p. 178 
 iEdeling p.53 
 
 Age, vide Infancy, 
 
 Aids after the Norman times 
 p.201,278,285 
 Alderman p.55 
 
 Alienations //V^w/^ P'i83,274 
 Allegiance according to the Sa- 
 xons p.85 
 'the Normans P« 1 5 1 
 Amercements p,2 50,2^2 
 Apoftacy punip^ed by theSa^ 
 xons p.3p 
 After p., ^4 
 Appeals amongfi the Saxons 
 
 p.8tf 
 the Normans P»i 5 1 
 
 ^Z'^*" p.274 
 
 Appeals to Rome p. i y 5 
 
 7*0 Ecclefiajiical Courts p. j 7^ 
 Arch-BlQiops, viie Metropoli- 
 tans. 
 Arrays p.305,&c. 
 
 Arms ajfejfment p.20^ 
 
 K/^f Arrays. 
 Auftin t/;e Mbwl;., i&// ci7w;«g 
 
TABLE. 
 
 and bis ACtions p. 1 7 > &c. 
 B. 
 
 BAil ip5 &c.2<Jp,&c.2po 
 ^icks, vide Bridges, 
 
 Baron, vide Court, 
 
 Bargain and fale of goods a- 
 mnng^ the Saxons p.iP7 
 
 'the Normans , F*J'43 
 
 Barons Wars p.42i,&c. 
 
 Baftardy amongji the Saxons 
 
 p.42 
 
 Battail trial amongji the Sa- 
 - icojif . - p.po 
 
 '^ntxKS^nnifhedhy the S axons 
 p.ioo,i5>3 
 
 Eigamifts P'i47 
 
 Biihops amongji the Saxons 
 
 p.25 
 
 F/V/^ Trelacy : among^ the 
 Normans -t their porver en* 
 creafed p.i23,&c. 
 
 Vide ele^ions: their oath to the 
 Fope p. 184 
 
 Blafphemy punijhed by the Sa- 
 xons P'3P:P8 
 
 Jmon^fl the Normans p 1 38 
 
 Bloodihed, vide Man-JIaughter. 
 
 Bridges p. 2 63 
 
 BrJtcns,*^f/r Religion and Go- 
 lernment p,i,&:c.i8 
 
 CoMverfwn p. 3 
 
 InfirMded in learning p. 5 
 
 ji Province ibid. 
 
 Ihe la\\ that fuhmitted to the 
 Tapalty , and the fr{i that 
 jhook^it <>jf, p.20 
 
 Burgage amongji the Saxons 
 
 p.82 
 Burghbote ibid. 
 
 Burglary punijhed hy the Sa» 
 
 xons p. 1 01 
 
 Burning of Woods pnnijhed hy 
 
 the Saxons p. loi 
 
 Vide pip 5 
 
 Burroughs AUg.Charf, 
 Burroifghs ErgU(h p.io5 
 
 CAnon-Law. ^ p. 121 
 Vide Trelacy, 
 Carriages p.266^26y 
 
 Caftks, their nfi p. 1 1 7, 
 
 2^5,&c. 
 Ahufe p. J 66 
 
 Occafwn of the firji Civil IVars 
 p.2op 
 Caftle-guard, vide Mag. Chart, 
 p. 2^7 
 de Cautione admittenda p. 182 
 Chancery p.285 
 
 Chancemedlcy p.287 
 
 Church , maintenance hy the 
 Saxons p.2p,&c. 
 
 Franchife p.7 1 
 
 Alienation P''^3 
 
 Reparation P«2 35 
 
 Church-men, A7/o« P«23o, 
 
 231 
 Vifcharged from 'torns p. 2 3 o 
 Purveyance p. 2 3,267 
 
 Their complaints p, 2 2 7,2 3 ^ 
 Privileged from dijirefs p. 2 42 
 I Cirick' 
 
TABLE. 
 
 Cirickfceat among^ the Sa- 
 
 xont P'30 
 
 Norm an f P»I5P 
 
 Vide firjl.fruits. 
 Circuits P«ip2 
 
 Citation p. 182 242 
 
 Clerks /r/j/ p.i 85, 23 1,243 
 Killers of Clerkj P- ' ^ 5 
 
 Comitcs ex plcbe p. 5 5 
 
 Common pleas fettled p. 260 
 Commutation , vide ArticuU 
 
 Cleri. 
 Compurgators amoMgi} the Sa- 
 
 xonr P-Sp 
 
 Contclfion fjcred p.242 
 
 Conltitutions at Clarindon 
 p. 1 78 
 ^f Confimili cafu p.285 
 
 Convtyance, vide Vceds. 
 Copy-hold, vide Mannor. 
 Coroners amongji the Saxnns 
 p. 6^ 286 
 Corporations p.77,6cc.i25 
 Coverew P''^3 
 
 Councils ^<'wr(j/, vide Syrnds. 
 Councils of Lords amongj\the 
 
 Sax Hs p ^4 
 
 V'de Lords. 
 Counties, Courts aino»g(i tl^e 
 
 S axons p. 6 5 
 
 Normans P* J 5 i 
 
 ^fter p. 275,276,285 
 
 Court Baron amongii the Sa 
 
 xms p.yS 
 
 Crown-picas Mag.Chart.p.26^ 
 Courtelic of England in the 
 
 Saxons time P»105 
 
 Cu (lodes pagaui among;} the 
 Saxons, p. 5 5 
 
 D. 
 
 DAne guelt p. 1^4 
 
 Keleafed p. 1 8p 
 
 Darraign prefcntment A/<«fi;, 
 Charts p.i' ^2 
 
 Deacons p. 2 8 
 
 Deaneries smongft the Saxmt 
 
 p.3<J 
 Debt fo the King^ fjtisfatnon 
 
 P-2 57 
 Debt to the King^ Ma^ Chart. 
 
 Decenners amongji the Saxont 
 
 p. 70 
 
 Normans P- ^ 3 4- 
 
 Deeds among the Saxms p. 107 
 
 Defamation p.23 5,240 
 
 Departure beyond ^^.ii without 
 
 licenfe p 1 80 
 
 DiocelTes amongji the Saxons 
 
 Diftrels/«f^f Normans time 
 p. ( 42 
 Ma^.Charta p.258,6<:c. 
 
 Vide Count y-enurt. 
 Dilfcilin , Vide Kedijfeifm & 
 
 Nnz'el d/J]eifut. 
 Dower in the Saxon t^mep.jcz 
 Norman times p. i ^ 6 ^ 2 5 ^ 
 
 ■^ /' ' • 
 E. 
 
 ECcIefiafticalccgnifance and 
 porver p.j76,&c. 
 
 125) 204 
 Vide 
 
TABLE. 
 
 Vide Stat. Cireumffe^e agatif 
 
 & Articuli Cleri, 
 Ederbrece amongjl the Saxons 
 p.ioi 
 Edw. thefirft P2i4 
 
 Edw. the fecond p.218 
 
 Eledions p.i 2 1,180,232, 
 
 243 
 Elegit amoHgfl the Saxonr p. 
 
 95 
 Englifhire , a Saxon Latv 
 p. 100 
 Errour j vide Appeals, 
 Efcheats p.2^8 
 
 Vide Forfeiture^ Felony, 
 'Ekuz^Q^Mag/Charta p.27d, 
 
 &c. 
 Excommunication in the Sa- 
 xons time p.p 5 
 Normans p. 128 
 After the Normans time p.i8i 
 Excommunicato deliberando 
 p.241 
 Excommunicato capiendo p. 
 242,2^1 
 Execution in the Saxon time 
 
 p.p4 
 Executors Mag, Charta, 
 Exorcifts p.28 
 
 F. 
 
 FAirs in the Norman time 
 p.143 
 Fauxonry p.i (92,1^5 
 
 Feaft-days, Norman La^y p ? 3P 
 Felonies and Felons ptni[mnent 
 
 and forfeiture p. 1 5151^5, 
 
 267 
 
 Concealment p. 289 
 
 Defamed ibid. 
 
 Feorme or Farm amongf the 
 
 Saxons p.75 
 
 Fightwit amongf the Saxons 
 
 p. 1 00 
 
 Fine, hy the Normans p. 1 50, 
 
 28Cj&C, 
 
 Folkmote, Vide County court. 
 Fools and Ideots among (i the 
 Normans p. 1 4^ 
 
 After p. 2 80 
 
 Foraign Councils p.2op,2i2, 
 
 2Ip 
 
 Fornication, vide Adultery, 
 Forefts among^ the Saxons 
 
 p.82 
 
 Franchifes p.68 
 
 Frankpledge among fi the Sa^ 
 
 xons p,78 
 
 Vide view. 
 
 Free-men of the Saxons p.5 5 
 Normans P'^SS 
 
 After p. 1 88,272 
 
 Frithbrech <iwo«g/? the Saxons 
 p. 1 00 
 Fugam fecit p. 8 5 
 
 Fugitives p.2d8 
 
 G. 
 
 GAvel-kind among(i the 
 Saxons p.io6 
 
 Normans p. 160 
 
 Glebe amongd the Saxons p. 3 2 
 Goodi 
 
TABLE. 
 
 jppods found , Saxon Law 
 
 .■-:■■. P-IOP 
 
 Norman P'i43 
 
 Sale ibid. 
 
 Giithbrech,^/^^ Fdthbrech, 
 
 H. 
 
 H Abend um,5'tf;c5« P«io7 
 Hamfockne,5<aA:o« p.ioi 
 Herefie puHfJIied by the Saxons 
 
 p. 3P 
 Normans P-'S^ 
 
 Haubergettum , Haubertum, 
 
 Halbargellum , xvhat it is 
 
 P.30P 
 
 Herctockj Sa^^an p.53 
 
 Henry the firft p.i'p 
 
 Henry thefecond p.i^7 
 
 Henry the third p.207,&c. 
 
 Shifts for Money p.210 
 
 Foraign Councils p.3 1 2 
 
 2>>/<i/ «/> /»/J" interefl in the Mi' 
 
 litia to the Lords ibid,&c. 
 
 Heordpeny, vide ?eter*pence. 
 
 Highways privilege p.3 05 
 
 Hundred and the Court Saxon 
 
 , , p.dS 
 
 Norman ' p.133 
 
 Hundred Setena Saxon p.dS 
 
 I. 
 
 TOdizU^j punijhed by the Sa- 
 ar/jMj- ' fi .p'P7 
 
 Normans 
 
 Vide Blafphemy, 
 
 p. 138 
 
 Imprifonnicnt Saxon p. j co 
 Norman P- 1 5 1 
 
 Inceft pHnifliedby the Saxons 
 
 p.ioi 
 
 Indidlment 5<JAro« larp p.85 
 Infancy amongji the Saxons 
 
 p.b8 
 4/''°'' p.ip8 
 
 InfangthcolT, Saxon p.y^ 
 Inheritance Saxons p. 1 02 
 Normans p. 160 
 
 ^f*er p.ip^,6cc. 
 
 Inquefl Saxon ppi 
 
 Intcrdi<^ /« /^^ Saxon time 
 
 p. 38 
 
 Intent punijhedby the Normans 
 
 P'i5i 
 Inteftatc, Saxon Lat» p. 1 05 
 Norman P'H? 
 
 Aftertvard 2 3 2 , &c. 2 6 4,&:c. 
 John P-170 
 
 Judgement, vide execftticn. 
 Judges, i//^tf y«/?/c<'. 
 Judicatory i8p,&c. 
 
 Jury graW ?^ petit amongji the 
 
 Saxons p o I 
 
 Juftice and their Courts amongd 
 
 the Saxons , p.g^^ 
 
 Chief Jujiice 'p.ipi 
 
 Judges or J unices itinerant af~ 
 
 ter the Normans p. i p 2 , i pp, 
 <i 284 
 
 Kings amongji the Saxons-^ 
 fleilion^continuance, cove- 
 ^tant^ maintenance , ^(jw-f r, 
 
TABLE. 
 
 inCijHrcb matters p. 4d,&c. 1 
 
 5^ 
 
 AmoHgjiibe Normam : eledfion 
 
 p. 113, &c. 
 Covenant p. 1 1 6,3cc. 
 
 Toxper in Church- matters 
 
 p. 123, &c. 
 
 Inthc times 0/ Steven, Henry 
 
 //j^ fecdnd^ Richard »/^^ frji^ 
 
 and ]ohn : Eledion p. 1^5 
 
 Ptfw^r i« Church-matters 
 
 p. 176, &c. 
 J« *(>f *iw? of Henry f/^f* f ^/W, 
 Edward the /irff, tf;f<!/ Ed- 
 ward the fecond. Succe^ion 
 p.2o8,&c. 
 Pojy^r in Ecclejiajiical matters 
 
 p. 225, &C.233 
 In Civil of airs 277, &c. 
 
 3i7,&c. 
 Knight-fervicc amongji the 
 Saxons P* 7^ 
 
 Marriage p. 146,202,2 55 
 
 .Acquittal p* i^^ 
 
 l^iddovps jf>. 2 ')6 
 
 L. 
 
 LAnguage endeJ^uttd to 
 be changed hy the N»r^ 
 mans \n6i 
 
 Lathlight amongji the Savons 
 
 V'99 
 \^&QL\xxtxs amMg^ the Saxon • 
 
 p.28 
 
 V.ttiamnng^ the Saxons P.7S 
 
 Legierwit <awp»2ji the Saxons 
 
 p. 100 
 
 Livery and feifin amo>fgfi the 
 
 Saxons p. 1 08 
 
 London P'2 57 
 
 Lord's- ^ufy maintained by the 
 
 Saxons p.p8 
 
 By the Normans as plea of the 
 
 Crown P''3P 
 
 Lords, their Councils atuongji 
 
 the Saxons p.62,84 
 
 From the Conqtterour'' s time till 
 
 Henry the third p. 1 7^ 
 
 l^ox\c^^vphat it is P.30P 
 
 Lucius P-P,&c. 
 
 Lunninaries amongji the Saxons 
 
 P-3I 
 L unacy , vide Fools. 
 
 'c 1 
 
 
 MAgnaCharta p.r72 
 Kenerved jrifbjbe cttrfe 
 
 izv^xu y^. p.2jo 
 Stat.^c. ''"'' ■'■^^■'^p'253 
 C^,35,: , • -^^^^«t^.244 
 C^^37. p.245 
 
 Mainpernours by the Saxons 
 
 P85,87 
 By the Nornianr ' *' ' ' "p. r 5 1 
 
 h^iims funijhed by the Saxons 
 
 ;."••: , ' 'p-ipo 
 
 Maiibota amortgjh the- S axons 
 
 ?'99 
 MannoifS amongii the Saxons 
 
 J^ornrafts. ^^^^^Z p.iV^ 
 
 Man llaughtcr puniJJ:ed'by the 
 
 , 'Saxo>ts . p.pp 
 
 . Normans 
 
TABLE. 
 
 hi"" mans p. 140 
 
 After P''P5 
 
 Manun-.illion P'^S?- 
 
 M«irna^ portion, vide Dower 
 Marriage, vide Knifrbt-fervice. 
 Merchants, Mag. Chart a 272 
 Marches amongji tbp Saxons 
 
 ; P-72 
 
 NormsHs 
 
 Muikets amoHgji the 
 
 P '3» 
 
 Saxons'. 
 
 p. 80 
 p. 1 43 
 
 P285 
 
 amou^jt 
 
 p.41 
 
 Normaus 
 Vide TowMffips. 
 Marfnals Court 
 Matrimonial caufes 
 
 the Saxons 
 Medietas linquae amoHgft the 
 Saxons p.p2 
 
 Metropolitan amongfl the Sa- 
 xons p,23 
 Micklemote amongfl tJy^ Sa- 
 xons p. 5 7 
 T^he Primacy of Canterbury 
 fettled there p.^5 
 Mills tythed p.240 
 Militia ^'^o«g(?/i^tf Saxons p.62 
 The Normans P* i 5 2 
 During the Kings next enfuintr 
 p. 2 05 
 During Henry 3. Edward i. 
 Edward 2. P'2^4 
 Mint amongji the Saxons, 
 Normans PI37 
 Monallery tf^w//7r<7« p. 183 
 Mortdancefter p.ipS, 261 
 Mortmain P'245 
 Mortuary amongji the Saxms 
 
 p.32 
 
 N. 
 
 NEws fcandalous p. 2p2 
 Niglit watches by tht 
 Normans ^'i^l 
 
 Nobility amongfl the Saxons 
 
 From the Normans timt p. 1 7a 
 From King John's time p.2 2 1 
 Normans, their litle^ dec. p. 
 1 13, See. 
 NotCongu^ji P-I5S 
 
 Novel diflcilin p.ippj2^i 
 
 O. 
 
 OBlations cognifance p.2 7 5 
 Odio & Atia p. iSp^dcc. 
 Oftioers power greater than 
 ^'W p. 1 73 
 
 Ordeal among (i the Saxons 
 
 p.8p 
 
 Ordinaries inteAate p.2 3 2 
 
 Outtangtheoff amongji the 
 
 Saxons p.j^ 
 
 OiUares amoMgji the Saxons 
 
 P28 
 Oaths p.246,271 
 
 P. 
 
 Pkht.\i\c county amoHg^ the 
 Saxons p^, 
 
 Xx 2 Pari- 
 
TABLE. 
 
 Parishes amongjk the Saxoni I 
 
 P35 
 
 Parliaments p. 120,278 
 
 Parks 7refpaffes p.2p 2 
 
 Paflage p.272 
 
 Peace amoHgii theSaxonsp.ico 
 
 Ibe Normans P'i40, 
 
 Afrer ■ > . P300 
 
 Penal Laws, Saxons p.p 6 
 
 NormttH!f •^'-'i I'.'." w<''A Ajpi^ ^g. 
 
 After in'the time' vf Henry 2. 
 
 p.iP3 
 
 ^ ^ After p.28d 
 
 p.40,101 
 Peers amongfi the Saxons 
 
 V-93 
 Peter-pence amongf the Saxons 
 
 p.32 
 "the Normans P«i3P 
 
 Pledges P«l5o 
 
 Plough- Alms, ^^xo«/ p.32 
 
 Pope's power p.i9,i77'iH 
 Opprejfjons of the Clergy p.22') 
 
 Prelacy i« England not till 
 Conftantine's time p. 1 1 .came 
 fromKomt by h\i(\in p.21, 
 
 Sec. 
 Suddenly grown p.4-4 
 
 ?txc]pQMag.Charta p.2d8 
 Priors, z^/^f Abbots. 
 Presbyters amongji the Saxons 
 
 p27 
 
 ^ , rsy ,n Prefentment amongji the Sa- 
 ^i^in^U59^U:,%go. xons p.Sd 
 
 Priority, vide 'tenure. 
 Prohibitions p.228^233 
 
 Protedtor p.2op 
 
 Provinces amongji the Saxons 
 
 P-35 
 Purveyance p.2 44,2d5,&c. 
 
 ^Uare Claufum 
 
 *^ xbn 
 
 fregit, Sa- 
 p.ioi 
 
 Quare^xcbmniunicavit p. 2 2 7 
 Quare non admifit ibid» 
 
 Quarentine p.25d,282 
 
 Qap warranto P«244 
 
 'R. 
 
 Anfom 
 
 Kdi^Cj Norman p. 141 
 
 p.p4,2do 
 
 R 
 
 After P«^^5) S^c. 288 
 
 Reafonable part p. 257,2^4 
 VideVorver, 
 
 Redemption, vide Kanfom, 
 RedifTeifin p.2^2 
 
 Rel ie f, Norman P* ' 4 5 
 
 After p.2oi 
 
 Religious houfes, w'^s^^ Abbeys, 
 Replevy, Norman p.142, 
 
 25^ 
 Richard the firft p.i^p 
 
 Romans entry p. 5 
 
 'tbe fapalty , ve'ith feven de- 
 grees of their Chftrch Officers 
 p.2p 
 Seven forts of Church mainte- 
 nance p.3 5 
 
 Pvomefcot Komesfeogh , vide 
 Heordpenny, 
 
 Robbery 
 
TABLE. 
 
 Robbery punijpjed by ihe Sa 
 xons p. I o I 
 
 'By Normans p. 142 
 
 After p.ip3ii5?5i287,304 
 
 S. 
 
 SAbbath-day,StfXi?« Law^% 
 SzQxWt^t^Saxon Lan> p.41 
 Sandtuary 9.139,183,242 
 Saxons in England mingled 
 
 p.po 
 Seal, vide Veedf P* lo? 
 
 Sheriffs, 5axo« p. 65 
 
 Extortion p. 2 7 5, 2 86 
 
 Simony puHtJhed by the Sa^xons 
 
 p.41 
 Sorcery, vide Witchery. 
 Soulfliot 5<Jxo« p. 3 2 
 
 Socage Saxon p.77 
 
 Steven his government p. 165 
 Stat, Magna Charta^^ vide Mag- 
 na Charta 
 MenoY\,cap,i^2^6j'j. P'i5^ 
 Cap. I. p.282 
 
 Cap.^. p. 2^2 
 
 Cap.p, p.252 
 
 Cap. 10. p.275 
 
 C^/^.ii. p.2p5 
 
 Mailbridge,<:d|/>. 1,2,3. p.25p 
 Cap.^. ibid. 
 
 C<ap.5. p. 280 
 
 C.;/>.8. p.2p2 
 
 G(»f.j?. p. 2 54 
 
 Cap. 10. p.2 2p,27 5 
 
 C^/'. 15. p.2 5p 
 
 C:»/>.i6. p. 2 54 
 
 Cap, 17. 
 C^j*. I p. 
 Cap. 20. 
 
 <::^^2i. 
 
 Cd/». 22. 
 
 Cd!/'.2 5. 
 
 Cap. 2^, 
 
 Wea.l.cj/7.1,2,5. 
 
 C^/'.3. 
 
 C^/>.4. 
 
 Cap.p. 
 Cap. 10. 
 Cap.ii, 
 Cap.j2, 
 Cap.i^. 
 Cap. 1 4. 
 Cap.j^, 
 Cap. 1 6, 
 Cap.20, 
 Cap.22. 
 Cap,2^, 
 Cap. 3 2. 
 
 C^;'.33. 
 
 Ctf/?- 34.. 
 
 Cap.^6, 
 
 Cap. 5 1 . 
 
 Bigami 
 
 Gloceft. cap. I, 
 
 Cap.-y. 
 
 Cap. 6. 
 
 Cap.%. 
 
 Cap.p. 
 
 De Religiofis 
 
 Wcrtm. 2. cap.i^, 
 
 Cap.i6. 
 
 Cap.\p, 
 
 p.282 
 
 p.2d2 
 p. 2<5l 
 p.2 5P 
 p. 2 60 
 p.287,302 
 p.22p 
 
 p.23i,&:c. 
 
 p.28p,302 
 
 p.281 
 
 p.2d3 
 
 p.zSp 
 
 P286 
 
 p. 270 
 
 p.28p 
 
 p.288 
 p.275 
 
 p. 2pO 
 
 p.25o 
 
 p.2p2 
 p.256 
 p.286 
 
 p.2 6(5 
 p.275 
 
 p.2p2 
 p.285 
 p.26l 
 
 p.247,«xc. 
 p.2^2 
 p.255 
 
 p.2dl 
 
 p.285,302 
 p.270 
 p.245 
 p.27^ 
 p. 2 56 
 p. 2 3.2 
 
 Cap,. 
 
Table. 
 
 Cap. 24. 
 Cap 2d. 
 Cap, 2p. 
 Cap, 50. 
 
 0^33. 
 Cap 44. 
 Win ton 
 
 p. 285 1 
 
 p,292 
 
 p.27ci.2b5 
 p.262 
 p.245 
 
 p. 302,5(:c 
 
 Circumfpc(3:e agatis p.2 3 3 ,&:c. 
 Q-iia emptores p. 274 
 
 De Judaifmo P«273 
 
 Quo warranto P»244 
 
 Devailo p.255 
 
 De confultatione habcnda 
 
 P.23S 
 De ward is P'2 54 
 
 Artic.fuper Cart.c^/'.2. p.266 
 Cap.^. p.285 
 
 Cap. p. p.2l6 
 
 Cap. 12. p.z6o 
 
 Cj/). 13,14, p.27^ 
 
 C^/'. 15. P'2^5 
 
 Cap. J 8. P-2 55 
 
 Conjuncf^. fcoffat. p. 2 ^2 
 
 Amortizand. terris p.246 
 Afportat. bonis Rdig.. p.244 
 De militibus P 2^4 
 
 Artie cleri p.2 ip 23b 
 
 Vicecomit. p.2 1^,276, 2b6 
 Deprifcisbcnisckri p.2ip, 
 
 244 
 Prerog. Pveg. p2 2o 
 
 ^''P'Si^S' P-2 54 
 
 Cap.y, p.274 
 
 Cap.p. P280 
 
 Cap.ii. p.281 
 
 Cap,\d^^i6 p.2d8 
 
 €ub Deacons p.28 
 
 Suit of Court p 202 
 Vtdt Mannor, 
 
 Synods, Briton p. j i 
 
 Saxi'ft P'?7 
 
 VifidvatttageoHf to Prelacy 
 
 P-45 
 Nnrman P-I27 
 
 ^7 pi^7 
 
 p.248,6(:c. 
 
 Jf^ithoHt the La it 
 ioTper 
 
 p. IC5 
 p.278 
 
 T. 
 
 "T^Ail, Saxon Law 
 
 Taxes 
 Vide tree men. 
 Tenures, 7 ;<ie Mannor. 
 Normans chu)iged them not 
 p. 161 
 Tenures by fever al Lords prm- 
 
 *''0' p.2oo 
 
 Kj) hfcbeatf P«i73 
 
 rtrni, Saxon p.i 10 
 
 rci\2LmentjSaxon p. 108 
 
 ^f^^r p.2 02,&C. 
 
 Thefts, wrw/^/icf P«J5'3 'P5 
 rythsyr/^/«<j/ p.^o 
 
 CigHlfuMCS P43 
 
 Normans P'I3P,T78,238, 
 
 240 
 Torn, ^'^►v<7« p.67,275 
 
 Torture among jl the Saxons 
 
 p.b8 
 
 Townfliips and their Courts^ 
 
 Saxon p.8 1 
 
 Normans P''34 
 
 Treafon ^nnifhed by Saxons 
 
 p.p8 
 
TABLE. 
 
 After P'iP4 
 
 Txovtt of Goods P-I43 
 
 Trothpl'ght V'^19 
 
 Y, 
 
 VAcancies of Churches 
 i7P,&c.i85 
 Vacation, vide lerm. 
 View of pledges, SjXi7« p.78 
 Niirman P* ' 3 4 
 
 After p.263,275 
 
 yiUiinSy Saxon p. 56 
 
 Norma its P'^37 
 
 Violence done to Clerkj p. 23 5 
 life in deeds of convey aKce^ Sa- 
 x>n p. 1 07 
 
 Ufury P'273 
 
 W. 
 \/\/Ardfliip p.148,202, 
 254.270 
 
 Warranty, Saxon p. IC7 
 
 Wears p.j^S 
 
 Wera wergilda, Saxon p.pp 
 Weights and mcafurcs, Sax.nts 
 
 Normans p. 14 2, 2 dp 
 
 Widows, vide Socage and 
 
 Knight fervice. 
 William the hrft p.i 13 <xc. 
 William Rufus p.ii8* 
 
 Wife, Saxon p 08 
 
 \\\\]^vide JeiTament. 
 WitncfTes, deeds Saxon p. i cS 
 Witchery p,^o 
 
 Piiftifl.'edby Saxons p.p7 
 Wha^ Saxm v.gg 
 
 \\ ordVip^Saxon^cognifance p.3 p 
 ^^'•^^^^^^^ p.281 
 
 FINIS. 
 
♦» 4'4'4^44-4'4r44>^^4»H444>4''^«H444^«»4'«H4'^'^^ 
 
 
 
 THE I 
 
 CONTINUATIONl 
 
 HISTORICALL 
 
 DISCOURSE, 
 
 OF THE GOVERNMENT OF 
 
 ENGLAND, 
 
 ZJntil the end of the Reign of Oneen 
 
 E L I Z A B E T H.^ 
 
 
 WITH 
 
 A Preface , being a Vindication of the 
 
 ancient way of Parliaments in 
 
 E NG LAND. 
 
 By Nath. Bacon of Grays-Inn^ Ejqnire, 
 
 LONDON^ 
 
 Printed for Matthew IValbanck, j and Hetiry Twyford., 
 and are to be fold at Grays-Inn- Gate , and in Vine- 
 Court Middle Temple, i 65 i, j* 
 
 ^ 
 
 
The Contents of the feveral Chapters 
 of this Book. 
 
 I. ^He fum of the feveral X^eigHS of Edward the Ihird , and 
 
 Kkhzxd^he Second. fol.-^, 
 
 II. Ihe Hate of the King and Parliament^inrelation of bimto 
 
 it^ and of it to him. f^i ^ ^ 
 
 III. Of the Privy Council^ and the condition of the Lords, f.26 
 
 IV. Of the Chancery. I'l ' 
 
 V. Of the Admiral's Court. f^fl;^ 
 
 VI. Of the Church mens interefi. /^/.45* 
 
 VII. Concerning Trade. foldA 
 
 VIII. Of' Ireafon and Legiance, with f0me confiderations en- 
 
 cerning Calvin'/ Cafe. f^i^^^ 
 
 I X. Of Conrts for caufes criminal^ with their Laws. fol gi 
 
 X. Of the courfe of Civil Jujiice during tbefe times. folo6- 
 
 X I. Of the Miluia m thefe times. V./ R 
 
 ^l^- Of the Peace, 4^-^^; 
 
 XIII. A view of the fummary courses of Henry the Fourth 
 
 Henry the Fifth, and Henry the Sixth ^ in their feveral 
 Ketgns. r J 
 
 XIV. Of the Parliament during the Reigns of thefe}el!rl} 
 
 Kings, r J 
 
 X V. Of the Cuftos, or Protedor Regni. fJi ^l' 
 
 XVI. Concerning the Privy Council. fg] ^^^' 
 
 XVII. Of the Clergy and Church- government durinz'theCe 
 
 times. 
 
 X V 1 1 1. 0/ the Court of Chancery. y;{\f^' 
 
 X I X. 0/ the Courts of Crown feas, and Common Law.fol.i6K 
 XX. Concerning Sheriffs. r , ^^ 
 
 vvT ncri ,1- JT fol.i6S. 
 
 XXII. Of the Miliria during tbefe times, fol. ,75. 
 
 ^ 2 XXIIL A 
 
The Contents. 
 
 XXIII. A Ihort furvey of the Ke'tgns of Edward the fourth^ 
 
 Edward the Fifth^ and Richard the Ibird. /o/.lSj . 
 
 X X rV. Of the Government in relation to the parliament, f.i^y^ 
 
 X X V . Of the condition of the Clergy, fol, j^ j , 
 
 X X V I. A (hort fum of the Keigfii of Henry the Seventh , and 
 
 Henry the Eighth, • . f^.19^, 
 
 X X V 1 1. Of the condition of the Crown. fal.202, 
 
 X X V 1 1 !• Of the condition of the Parliament in thefe tim^, 
 
 fol.22^, 
 X X I X. Of the power of the Clergy in the Convocation, /.2 2p, 
 X XX. Of the popper of the Clergy in their ordinary JnrifdiUion, 
 
 fol.22^, 
 XXXI. Of Judicature. fol.2^J, 
 
 X X X I I. 0/ the Militia. ^ fol.i^'y. 
 
 %^Xlll. Of the Feace. * /«'.2 53- 
 
 X X X I V. Of thcQ^eneral Government of Edward the Sixth ^ 
 
 ^een Mary, and ^ueen Elizabeth. fol,2 5^, 
 
 XXXV. Of the Supreme poiver during thefe times, fol.iSB, 
 
 X X X V I. Of the power of the Parliament during thefe timer. 
 
 fol.zyj, 
 XXXVII. Ofthejurifdi^ion Eceleftajiical during thefe lajl 
 times, fol.2%1, 
 
 X X X V 1 1 1. Of the Militia in thefe latter timet, fol.2pq, 
 XXXIX; Of the. Peace. fol.2pj, 
 
 X L. A fummary Conclufion of the whole matter, /0/.390, 
 
 A PRE- 
 
 / / 
 
A PREFACE 
 
 CONTAINING 
 
 A Vindication of the Ancient way of 
 the Parliament- 
 
 o F 
 
 ENGLAND. 
 
 T 
 
 ^" ■ "M '^^^He more Words y the more Faults , is a dfi 
 vine Maxime, that hath putaftop 
 to the publiftiing of • this Second Part 
 for fomc time- but ob(erving the 
 ordinary humour ftill drawing offj 
 and palling a harfher cenfure upon my intentions ia 
 my Firft Part, than I expefted : I do proceed to 
 fulfill my courfe, that if cenfure wjll be, it may be 
 upon better grounds , when the whole matter is 
 before ; Herein I fhall once more mind , that I 
 meddle not with the Theological right of Kings, 
 or other Powers, but with the Civil Right in Fad, 
 now in hand. And becaule fome Mens Pens of late 
 have ranged into adenyal of the Commons ancient 
 right in the Lcgiflative power , and others, even to 
 adnul the right, both of Lords and Commons there^ 
 in,refoIving all fuch power into that one principle of 
 a King , ^icqmd libet^ licet 5 fo making.the breach 
 
 much 
 
The Preface. 
 
 much wider than at the beginning , I (hall intend my 
 courfe againft both : As touching the Commons 
 right, jo) ntly with the Lords, it will be the main end 
 of the wholes but as touching the Commons right, 
 in competition with the Lords, I will firft endeavour 
 to remove out of the way what I find publiihed in a 
 late Tradate concerning that matter, and fo proceed 
 upon the whole. 
 
 The fubjeft of that Difcourfe confifteth of three 
 parts, one to prove that the ancient Parliaments, be- 
 fore the thirteenth Century , confifted only of thole 
 whom wenow calljtheHoufe of Lords, the other, 
 that both the Legiflative and Judicial Power of the 
 Parliament refted wholly in them ; Laftly , that 
 Knights, Citizens, and Burgefles of Parliament, or the 
 HouCe of Commons, were not known nor heard of, 
 till punier times than thefe. This laft will be grant- 
 ed, Viz, That their feveral Titles, of Knights, Citi- 
 zens, and Burgefles, were not known in Parliament 
 till of latter times: Neverthelcfs, it will be infifted 
 upon, that the Commons were then there ; The fe- 
 cond will be granted, but in part, FizJThat the Lords 
 had much power in Parliament in point of Jurifdidi- 
 on, but neither the fole, nor whole. 
 
 The firft isabfolutely denied , neither is the fame 
 proved by any one inftance or pregnant ground in all 
 that Book, and therefore not clearly demonftrated 
 by Hiftories and Records beyond contradidion , as 
 the Title Page of that Book doth hold forth to the 
 World. Firft, becaufe not one inftance in all that 
 Book is exclufive to the Commons -, and fo the whole 
 
 Argument 
 
The Preface. 
 
 Argument of the Difcourfe wTll conclude, Ab antho- 
 ritate Negativa^which is no argument in humane te(ti« 
 monyatall. 
 
 Secondly, The greateft number of inftances in that 
 Bookj are by him (uppofed to concern ParliamentSjOr 
 general Councils of this Nation, holden by the Re- 
 prelcntative thereof^ whereas indeed they were ci- 
 ther but Sy nodical Conventions for Church- matters, 
 whereunto the poor Commons (he well knoweth) 
 might not come, unlefs in danger of the Canons dint 5 
 or if they did, yet had no other work there, thdn to 
 hear, learHj and receive Laws, from the Ecclefiaflicl^t, 
 And the Lords themlelves, though prefent, yet un- 
 der no other notion were they , than as Counlel to 
 the King , whom they could not cafl: out of their 
 Council till after Ages^though they often endeavour- 
 ed it. 
 
 Thirdly, The AuthDurof that Tradate alio well 
 knoweth, that Kings ufually made Grants and Infeo- 
 datlons by advice of the Lords, without the aid of 
 the Parliament : Audit is no le(s true, that Kings, 
 with the Lords, did in their (everal ages exercife or- 
 dinarily Jurifdiftion, in cafes of diftributive Juftice 5 
 efpeciaily after the Norman entrance : For theftep 
 was eafie from being Commanders in War, to be 
 Lords in Peace ^ but hard to lay down that power at 
 the Foot of Juftice, which they had ufurped in the 
 rude times of the Sword, when Men labour for life 
 rather than liberty 5 and no lefs difficult to make a 
 difference between their deportment in commanding 
 of Soldiers, and governing of Country-men , tillj 
 
 peace 
 
The Preface. 
 
 peace by continuance had reduced them to a little 
 more fobriety : Nor doth itfcem irrational, that pri- 
 vate differences between party and party, fhould be 
 determined in a more private way. than to trouble 
 •the whole Rcprefentative of the Kingdom , with 
 matters of fo mean concernment. If then, thofe 
 Councils mentioned by the Authour, which concern 
 the King's Grants, and Infeodations, and matters of 
 Judicature, be taken from the reft of the Precedents, 
 brought by him, to maintain the thing aimed at 5 I 
 luppofe fcarce one ftone will be left for a foundation 
 to fuch a glorying Strudure, as is pretended in the 
 Title Page of that Book: And yet I deny jiot, but 
 where fuch occafions have befaln the Parliament fit- 
 ting, it hath clofcd with them, as things taken up by 
 *he way. 
 
 Fourthly, It may be that tht Authour hath alfo ob- 
 ferved, ttiat all the Records of Antiquity pafTcd 
 through (if not from) the hands of the Clergy only, 
 and they mightthink it fufficient for them to honour 
 their Writings, with the great Titles of Men of Dig- 
 nity in the Church and Common- Wealth , ojnitting 
 the Commons, as not worthy of mention , and yet 
 ihey might be there then prefent, as it will appear 
 they were in fome of the particular inftances enfu- 
 ing, to which we come now in a more punftual con- 
 fideration. 
 
 fci. The firft of thefe by his own words, appear to be 
 a Church-mote , or Synod 5 it was in the year 
 67S' called by the Atch-Bilhop , who had no 
 more power' to (ummon a Parliament, than the 
 Authour himfelf hath ; And the feveral conclu- 
 
 fions 
 
The Preface. 
 
 (ions made thereinjdoall (hew that the people had no 
 work there, as may appear in the feveral relations 
 thereof; mz^ie by Matthew lVefimwJier^;iv\A S\x Hcm- 
 rjf Spclman^ an Author that he makes much ufe of.aod 
 therefore I (hall be bold to make the be(t ufe of him 
 that I can likewife, in vindicating the tru/h of the 
 point in hand ; For, whatever this Council was, it's 
 the Ie(s material, feeing the fame Author recites a 
 precedent of y3E'/^e/^er/,within fix years after Anjiins 
 entry into this Ifiand, which was long before this 
 Council, which bringeth on the Van of all the re(t of 
 the Opponents inftances, which King called a Coun- 
 cil, (tiled, Commune Concilium tam CUri quam PopulizPag. iig, 
 and in theconclufion of the fame, a Law is made up- 
 on the like occafion, Si Rex fopulunt Convocaverit^ 
 &c. in both which it s evident, that in thofe times 
 there were Councils holden by the people, as well as 
 the Mignates or Optifftates. 
 
 His next inftance is in the year 694. which is of a 
 Council holden by the Great Men, but no mention of 
 the Commons, and this he will have to be a Parlia- 
 ment, albeit, that he might have found both Abba- 
 te(res, or Women, and Presbyters, to be Members of 
 that Aflembly, and ffor default of better J attc(led 
 the Conclufions of the fame, notwith(tanding the 
 Canon , Nemo militms Deo, &c. But I muft alfo 
 mind him , that the fame Author reciteth a Coun- 
 cil holden by King Ina , Sha^h omniunt Aldermtn- 
 norum , & Seniorum, & Sapientum Regni : and is 
 very probable, that all the Wife men of the King- 
 dom , were not included within the Lordly Dig- 
 
 B The 
 
The Preface. 
 
 The third inftance can have no better fucceft , 
 unlefs he will have the Pope to be allo.wed power^to 
 call a Parliament, or allow the Arch-^fhop power to 
 do that fervice by the Pope's command, for by that 
 Authority , this (whatever it be) was called, if we 
 give credit to the Relations of Sir Henrj spelman , 
 
 CoHcti But, ^i^Q j^ip^ reciteth another Council within three 
 
 *^' * * leaves foregoing this, called by Withered at Barl{^ 
 
 hamffeadj unto which the Clergy were fummoned , 
 
 ^^ ^^^ 'i^iris utique milHaribm communi omnium 
 
 AJjenfu has leges decrevere .* So as it feemeth in thofe 
 
 1hiif,\9^. times, Soldiers or Knights were in the Coirfmon 
 
 Councils, as well as other great Meoiina-flQiA rSniil 
 
 In the next place, he bringeth in a Council hol- 
 
 den in the year 747. which fifthe ArchbiQiop were 
 
 Ihid.p.i^i. then therein Prefident, as it's faid, in the prefence 
 
 ^"^^^ of the S.ing) was no Parliament, but a Church- mote, 
 
 and all the conclufions in the fame do teitifie no 
 lefs 5 they Being every one concerning Ecclefiaftical 
 matters. 'y- i^qorq 
 
 Pfig'^i9' ..'And furthermore, before this time, the Author 
 cut of whom he citeth this Council , raentioneth 
 another Council holden by Ina the Saxon King, ia 
 the prefence of the BiOiops, Princes, Lords, Earls 3 
 and all the wife old Men, and People of the King- 
 dom 5 all of them concluding of the intermar- 
 riage between the Brittottf^ FiBs and Saxons^ which 
 formerly, as it feemeth, was not allowed: And 
 the fame King by his Charter, mentioned by the 
 fame Penman, notctb that his endowment of the 
 Monaftery of Glafienbury was made , not only in 
 the prefence of the Great Men, but. Cum pr^efentia 
 fopuiatioms -, and he faith^ that Ovifjes confirmaverunt^ 
 
 which 
 
The Preface. 
 
 ^hich I do notmenrion as a work necefTaiy to be 
 done by the Parliament, yet fuch an one as was hol- 
 den expedientas the cafe then ftood. 
 
 Forty years after, he meeteth with another Coun- 
 cil, which he fuppofeth to be a Parliament alfo, but 
 was none, unlefs he will allow the Pope's Legate 
 power to fummon a Parliament: It was holdenin the a«'!^H 
 year 787. and had he duely confidered the return 
 made by the Pope's Lep;ate, of the Ads of that Coun- 
 cil, which is alfo publifhed by the fame Author , he p^g. joi. 
 might have found, that the Legate faith , that they 
 were propounded in publick Council, before the »j,^f«n 
 King, Arch-Bifhop, and all the Biftiops and Abbots of 
 the Kingdom, Senators, Dukes or Captains, and peo- 
 ple of the Land, and they allconfented to keep the 
 (ame. driiji» M ■'-^\ 
 
 ^t. Then he brings in a Council holden in the year 
 792. which he would never have fet down in the 
 lift of Parliaments , if he had confidered how im- 
 proper it is to conftrue, Provincide tenuH Concilium^ 
 for a Parliament, and therefore I (hall need no fur- x- 
 
 ther to trouble the Reader therewith. 
 
 The two next are fuppofed to be but one and 
 the fame 5 and it's faid to be holden, Anno 974. 
 before nine Kings, fifteen Bifliops, twenty Dukes , 
 <^c, which for ought appears , may comprehend 
 ail Efiglattd and Scotland 5 and is no Parliament of 
 one Nation, but a party of (bme Nations, for fome 
 great matter, no doubt, yet rtbthing in particular 
 mentioned, but the folemn laying the foundation of 
 the Monaftery of Saint- Albanr, VO to '^wtlgnoM 
 
 What manner of Council the next was , ap- 
 peareth not , and therefore nothing can be con- 
 tioi.iW B 2 eluded 
 
The Preface, 
 
 ^^-eluded therefrom , but that it was holdea in the 
 
 c year 797. 
 
 li- That Council which is next produced, and in 
 
 '^the year 800. and is called in great Letters , Cok- 
 
 cilium Provinciak ^ whch he cannot Grammatically 
 
 Siconftrue to be a Parliament 3 yet in the Preface it 
 
 it faid, that there were Viri cujufcHnque dignitatis 3 
 
 1 and the King in his Letters to the Pope, faith con- 
 
 ?;»?. 311. cerning it, Vifum eji cunCtis gentis no^r£ fapientibus 3 
 
 fo as it feemeth by this, and other Examples of this 
 
 'J nature, that though the Church-motes invented the 
 
 i< particular conclufionsjet it was left to the Witagen- 
 
 ^' mote to judge and conclude them. 
 
 There can be no queftion , but the next three 
 
 precedents brought by the Opponent , were all of 
 
 Concii Brit, them Church-motes : For the firft of them, which 
 
 ^*^. 318. -g ^^^j jQ l^g holden in the year 816. is called a 
 
 Synod , and both Priefts and Deacons were there 
 
 ■ prefent , which are no Members of Parliament , 
 
 ''^<' confifting only of the Houfe of Lords, and they all 
 
 "^' of them did, Pariter tra^are de neceffariij ^ uti- 
 
 litatibus EcckfiarHm, The fecond of them is called 
 
 5' a Synodal Council holden. Anno 622. and yet 
 
 •*■ there were then prefent, Omninm dignitatum opti' 
 
 tnates^ which cannot be underftocd only of thofe 
 
 '^of the Houfe of Lords, becaufe they ought all to 
 
 ^^- be perfonally prefent, and therefore there is no 
 
 Optimacy amongft them. The la(t of thefe three 
 
 is called, Synodak Cmjciliahulum , a petty Synod in 
 
 Concii Brit, great Letters 3 and befidcs, there were with the Bi- 
 
 y'«334. (hops and Abbots, many wifemen 3 and in all thefe 
 
 refpefts it cannot be a Parliament only of the great 
 
 ■■• Lor<k. - '-' ■^'- ■■ '* ■'■'■ ■'• . 
 
 The 
 
The Preface. 
 
 3dj The next Council faid to be bolden in the year 
 825. cannot alfo be called properly a Parliament , 
 but only a confultafion, between two Kings and their 
 Council, to prevent the invaficn of the Danes s^ndv 
 the attefts of the King s Chaplain, and his Scribe, do 
 (hew alfo that they were not all Members of the 
 c iioufe of Lords. 
 
 nooThe Council cited by the Opponent in the next 
 place was holdeuj Anno S^S. being only in na- 
 . ture of a Council for Law, or Judicature, to deter- 
 ^ mine the validity of the Kings Grant made to the 
 -' Church of Canterbury^ which is no proper work for 
 a Parliament , unleft it bcfal during the fitting of 
 ^ the fame. 
 
 It H^The next is but a bare title of a Council fuppo- 
 r fed to be holden^Anno 850. And not worth its room, i U^oD 
 i. for it neither (heweth whether any thing was con- '^6-X*^ 
 " eluded, nor what the conclufions were. 
 
 The work of the next Council alleadged to be 
 i holden, Anno 8$i, was to confirm the Charter of 
 - theMonaftery of CroyUnd^ and to determine con- 
 h cerning affairs belonging to the Mercians , and if it 
 had been a Parliament for that people , it might be 
 worthy of inquiry how regularly the Arch-Bilhop of 
 J C4«f(?r/»«ry5 and the Bidiop of London^ and the Am- 
 o baffadors from the Weft Saxons could fit amongft 
 c them, and atteft theconclufions therein madcj as well 
 '5 as the proper members of that Nation. 1 ; ,. • 
 
 He Cometh in the next place to a Council, hoN 
 
 -i den in the year 855. which is more likely to be a >, a*,^,^ 
 
 9 Parliament, than moft of them formerly mentioned ^ fi\^'^ 
 
 if the Tithes of all England were therein given to the 
 
 Churchy but hereof I have fet down my opinion in 
 
 3riT the 
 
H-1& iW 
 
 The Preface. 
 
 the former part of the Difcourfe. And though it be 
 '^^ tru?7 ^^^^ "o Knights and Burgefles are tberelt^ 
 mentioned, as the Opponent obicrveth out of the 
 Jf^id^ 5 yet if the body of the Laws be duly confi- 
 deredj towards the conclufion thereof it will ap- 
 pear that there was pre(ent , Ficielium iKfinita. mnU 
 iitudo qui omnes regium Chirographum Laudavcrunt, 
 D'tgfiitates vero ftta, nominit Jubfcripferunt. And yet 
 CmctLBrtt. ^^^ y^j^ag^jj motcs in thcfe times began to be rare, 
 ^^ ^.^° being continually interrupted by the invalions of^th^ 
 Danes. i H(ii nt 
 
 ,;. The three next Councils alleadged to be in the 
 years 950. 944. 948* Were doubtlefs of inferiour 
 value, as the matters therein concluded were of infe- 
 riour regard, being fuch as concern the palling of 
 the King's Grants , Infcodations and Confirmati- 
 ons. 
 
 The Council mentioned to be in the year 965. 
 . „ • is fuppofed to be one and the fame with the next: 
 £7480.'' foregoing, by Sir Hemy Sfelman^ which calls it felf a. 
 General Council , not by reafon of the general con- 
 fluence of the Lords and Laity, but becaufe all the 
 Bifhops of England did then meet. The Trimi and:* 
 Trimdtes were there, who thefe were is not menti-* 
 oned 5 but its evident that the King of Scots wa^i 
 there, and that both he and divers that are called:; 
 Miniftri Regis ^^ attefted the Conclufions ; It will be 
 difficult to make out how thefe Qiould be Members 
 of the Houfe of Lords , and more difficult to (hew 
 a reafon why in the attefting of the Ad's of thefe^ 
 Councils which the Opponent calls Pariiam<;nt8.4^ 
 we find fofew of the Laity, that fcarce twtilve are« 
 mentioned in any one of them > and thofe to 4etio 
 
 fcend 
 
The Preface. 
 
 fcend fo low as the Miniftri Regis, to make up the 
 
 Five more br^Hefe'i^dftances remain , befer^^t^ 
 coming of the Normans. 
 
 The firft of which was in the year 975. and in d 
 time when no Parliament, according to the Oppo- ^'^"cii Brit. 
 nents principles could fit, for it was an Inter reg* ^^' *^^' 
 
 The two next were only Synods to determine the 
 difference between the Regulcrs, and theSccuIers, 
 in the King's abfence, by reafon that he was under 
 age, and they are faid to be in the year 977 and 
 1009. But it's not within thecompals of my mattef 
 to debate their dates. 
 
 The laft two were Meetings or Courts for Judi- 
 cature.to determine the Crime of Treafbn, which e-^ 
 very one knows is determinable by inferiour Courts 
 before the high Steward or Judges, and therefore 
 not fo peculiar to a Parliament, as to be made an 
 argument of its exiftence. And thus are we atao 
 end of all the inftances brought by the Opponent^, 
 to prove that Parliaments before the Norman times 
 confilted of thofe whom we now call the Houfe of 
 Lords. All which I (hall (hut up with two other 
 Notes taken out of the Book of Councils^ pnbli(hed 
 by Sir Henry Spelman, 
 
 3^The firft of^ which concerneth a Grant made by p^ ^ 
 CanutHf^ of an exemption to the Abby of Bury Saint 
 EdfHunds^ in a Council, wherein were prefent Arch- 
 BiOiops, Billiops , Abbots, Dukes, Earls. Cum 
 qHAmplhrimis gregariis milittbns^ cum popnU mHltitHdi* 
 fie copiofa votis regiis unanivtiter confentientes. The 
 Other taken out of the Confeflbrs Laws, which tells 
 
The Preface. 
 
 us that Tithes were granted to the Church , A Rege 
 
 Pag.sii. Baronibus & fopdo. And thus (hall leave thefe Te- 
 
 ftiraonies to debate with one another^ whiles the 
 
 Reader may judge as feemeth moft equal to him- 
 
 felf. 
 
 Being thus come to the Norman times, and thofc 
 enluing 5 I Hiall more fummarily proceed with the 
 particulars concerning them , becaufe they were 
 times of force 3 and can give little or no evidence 
 againft the Cuftoms rightly fetled in the Saxon 
 times, which I have more particularly infifted up* 
 oHj that the Original Conftitution of rhis Govern- 
 ment may the better appear. Now for the more 
 fpeedy manifefting of the truth in the particulars 
 following^ 1 (hall pre-advife the Reader in three 
 particulars. 
 
 Firftj that the Church motes grew more in power 
 and honour, by the aid of the Normans Law, refu- 
 fing the concurrence and perfonal prefence of Kings, 
 whom at length they excluded from their Councils 
 with all his Nobles , and therefore it is the lefs 
 wonder, if we hear but little of the Commons joyn- 
 ing with them. 
 
 Secondly, that the Norman way of Government 
 grew more Ariftocratical than the Saxon, making the 
 Lords the chief Inftruments ofkeeping Kings above, 
 and people underneathj and thus we meet with much 
 noifeof meetings between the King and Lords, and 
 little concerning the grand meetings of the Kings , 
 and the reprefentative of the people 5 although 
 fome footfteps we find even of them alfo. For 
 Rings were miftaken in the Lords, who meaned 
 nothing kis than to ferve them with the peoples 
 
 liberties. 
 
The Preface. 
 
 ■^- I |-|^M— ■!! II I.I |.,i. . I, I,, 
 
 Liberties, together with their own, which they favv 
 wrapped up in the grcfs. 
 
 Thirdly, by this means the Councils of the King 
 and Lords grew potent, not only for advice in par- 
 ticular occafions, but in matters of Judicature, and 
 declaring of Law, ordering of Proceis in Courts of 
 Pleas j which in the firft framing were the Works 
 of the Wife and Learned men, but being oncefetled, 
 become part of the Liberties of every Free-man, 
 And it is not to be doubted but thefe Councils of 
 Lords did out- reach into things too great for them 
 to manage, and kept the Commons out of pofleffi' 
 on of their right, during the prefent heat of their 
 ruffling condition, yet all this while could not take 
 abfolutepofTcflion of their Legiflativc power. 
 
 fnow come to the remainder of the particul^ ic- 
 ftances produced by the Opponent, which I (hall re- 
 duce Into feveral Categories, for the more clear fatif- 
 faftion to the Reader, with left tedioufnefs. 
 
 Firft, it cannot be denied but the Council of 
 Lords gave advice to Kings in Cales of particular 
 emergency, nor is it incongruous to the courfe of 
 Government, even to this day, nor meet that the 
 Parliament (hould be troubled with every fuch oc- 
 calion, and therefore the giving of advice to William 
 the Conqueror, what courfe he ftiould take to fet- 
 tle the Laws of £«;g/4«^ according to the inftances in 
 Counc^s holden. Anno 1060. and 1007. And to 
 gain favour of the great men, according to that in 
 Anfjo I io5. and in the manner of endowment of the 
 Abby ofSj//f/, as in pag. 25. of the Opponents 
 difcourfe: and what to do upon the reading of^the 
 Pope's Letter, according to that in Anns> 1114. 
 
 C And 
 
The Prejace. 
 
 And whether the Pope's Legate (hould be admitted y 
 as in pag. i8. And how King Steven and Hetfyy^iA 
 come to agreement, as Anno 1 1 5 9. And how to^x* 
 ccute Laws by Judges and Juftices Itinerant , as 
 Anno 1176. And touching the manner of ingaging 
 for a voyage by Croifado to Jcrufalcnf^ Anno 1189. 
 And to give anfwer to EmbaflTadors of a Foreign 
 Prince, pag. 25. And how YAugJohn fhall conclude 
 peace with the Pope, Anno 1213. Where neverthe- 
 p^ ., IqCs Matt h. Paris faith, wsLsTurba wttlta nimf I : I (ay 
 
 all thefe might well be done by a Council of Lords , 
 and not in any pofture of a Parliament 5 albeit, that 
 in none of all thefe doth any thing appear, but that 
 the Commons might be prefent in every one, or ma- 
 ny of them all. 
 
 Secondly, as touching Judicature, the Lordsliad 
 much power therein, even in "the Saxon times,have- 
 ing better opportunities for Knowledge and Learn- 
 ing, efpecially joyned with the Clergy , than the 
 Commons in thofe times of deep darknefs, wherein 
 9,ieven the Clergy wanted not their (hare, as in the 
 .nfirft part of the Difcourfe I have already obfervcd. 
 .(Whatfbever then might be done by Judges in ordi- 
 nary Courts of Judicature, isinferiour to the i-egard 
 of the Parliament 3 and therefore the Plea between 
 t the Arch'Bilhop and Etheljian^ concerning Land, 
 •^rinflancedj Anno 1070. And between Lanf ran ^e and 
 Odo^ Anno 107 1, and between the King and J^felme , 
 fag, 15, 16. and the determining of Treafon ofjoh» 
 (afterwards King ) againft his Lord and King Rz' 
 cbardj pag. 25. And the difference concerning the 
 -d title of a Barony between Movpbray and Scotvile ^ 
 ii.pag. 25. And giving of fecurity of good behaviour 
 't- " by 
 
The Preface, 
 
 by li^illiam Bravoft to King 'john^ pag. 26. All the(e 
 might well be determined only before the Lofd^, 
 and yet the Parliament might be then fitting or not 
 fitting, as the contrary to either doth not appear 5 
 and therefore can thefe form no demonftrative 
 ground to prove that the Parliament confifted in 
 thofe times^ only of fuch as we now call the Houfe of 
 Lords. 
 
 A third work whereby the Opponent would 
 
 prove the Parliament to confift only of the Houfe 
 
 of Lords 5 is, bccaufe he findeth many things by 
 
 them concluded touching the folemnization , and 
 
 the fetling of the fucceffion of Kings \ both which, 
 
 he faith, were done by the Lords in Parliament, or 
 
 thofe of that Houfe 5 and I (hall crave leave to 
 
 conclude the contrary : For neither is the Eleftion , 
 
 or Solemnization of fuch Election , a proper work 
 
 of the Parliament , according to the Opponents 
 
 £. principles, nor can they prove fuch'^Conventions 5 
 
 5 wherein they were to be Parliaments. Not the 
 
 ^^Eledion of Kings ^ for then may a Parliament be 
 
 without a Kmg i and therefore that inftance con- 
 
 ^ cerning miliam Rufus, pag. j6. will fail, or the Op- 
 
 r ponents principles ;, who will have no Parliament 
 
 without a King. 
 
 l^ The like may alfo be faid of the inftance con- 
 
 • cerning King Steven, pig. 18. Much lefs can the 
 
 Solemnization 6f the Election by Coronation, be a 
 
 proper work for the ParHament ; Neverthelefs, 
 
 the Opponent doth well know that both the Ele- 
 
 dionofaKing, and the Solemnization of fuch Ele- 
 
 dion by Coronation, are Spiritlefs motions , with- 
 
 ycfout the prcfence of the people 5 and therefore 
 
 C 2 though 
 
Tle-'Frepce. 
 
 though his inftanee. page 17. concerning tbq Ele- 
 
 "^ diori of Hemy theTirrt, by theBilhops and Princes, 
 
 may feem to be reftridhvc as to them , yet it^ is not 
 
 fuch in fadl 5 if Matthew Paris may be believed, who 
 
 telleth us, that in the CoKvenius omnium^ was, Cle- 
 
 Mr. Scidch's rus and Topulus univerfus , and might have been 
 
 7ttks «/^-^ noted by the Opponent out of that Learned Antiqua . 
 
 -^^^\.\ ry, fo often by him cited, if he had pleafe4 tcbitake 
 
 vcT > notice of fuch matters. : <>Tib 
 
 A fourth fort of Inftances , coricerneth matters 
 Ecclefiaftical 5 and making of Canons 5 and hereof 
 enough hath been already faid , that fuch Work 
 ^*^was abfblutely challenged by the Church-motes, as 
 f their proper Work ^ and therefore the Inftance , 
 page 16,17. of the Council in Henry the Firft's time, 
 and the Canons m^de by the Biftiops there v 9nd 
 ^ that other called by Theobald Arch-Bilhop of Cart' 
 terbnry^ and inftanced by the Opponent, page 19. 
 I fay , both tflefe do fail in the coaclufion pro- 
 pounded. 
 Fifthly, as touching the m oft proper Work of 
 '} Pailiament, which is, the making of Laws concern- 
 ing the Liberties and Benefit of the people j the Op- 
 ponent produceth not one inftance concerning the 
 1 fame, which doth not conclude contrary to the pro- 
 pofal 5 for as touching thofe two inltances in his 
 . thirteenth page, Anno 1060. they concern not the 
 making of Laws; but the reviving of fuch as had 
 been difufed. formerly, which might well enough be 
 done by private Council. But as to that in his 
 fifteenth page, of theJLaw made by the Conqueror, 
 concerning -Kewig/«/, Bifliop of Lincoln^ although it 
 ^, .^ : be true , that we find not the particular Titles of 
 "*!?'!! ' Kuights, 
 
"^ The Preface. 
 
 •-" Knights 3 'Crtizens and Burgefles, yet befides^ the 
 (23 Council of Arch-Biftiops 3 Bifhops a'nd Priocesj we 
 loifind the Common Council ^ for fo the words are, 
 o^ Communi Concilia , d> Concilio Archiepifropns ^ £• 
 "'^ pifcopHs, Abatfts, C^ omnium Frincipum^ although the 
 T.^ Opponent would feem to wave thefe words, Et 
 
 C<>;?r///^5 btj[[ putting them in a fmall Charafter, and ^ . 
 
 v> the reft m a voluminous Letter , that the Rea- "?;/. H(?«<?«r, 
 
 ders eyes might be filled with them, and over-look ^■^'^'^°^" 
 3r the other. ^^'^^^^X 
 
 Secondly, "aV to the inftance of the Council at 
 
 Clarindon^ in his nineteenth page, which he citeth out 
 '-*' oi Matthew Paris^ Matthew IVeJimiKJier^ and Hoveden^ 
 
 although he pleafeth to mention the feveral ranks of 
 r=* Great Men, and thofe in black Letters of a greater 
 bn iize i, and faith. That not one Commoner appearS5y et 
 '^ Maftcr Seldens Hovedev^ in that very place, fo c5ften 
 ^ by the Opponent cited, tells him, that both Clerui 
 'O and Popuiuf were there. 
 
 Thirdly, the Opponent citeth an inftaace of 
 
 ^o Laws made by Richard the Firft , in his twenty 
 
 -n fourth page , and he fetteth dowrf the feveral 
 
 -S ranks of Great Meni and amongft the reft , inge- 
 
 31 nioufly mentioneth, Milites^ but it is with a Glols 
 
 -oof his own, that they were Barons that* TVere 
 
 eirmade Knights, when as formerly Barons wer^'men- 
 
 3i lioned in the general, and therefore how proper 
 
 t this Gl6fs is, let others judge , efpecially feeing 
 
 •^that not only MiUtes^ and Milites Gregorii , bnt e- 
 
 ei'ven Minijiri^ were prefent in fuch conventions,, e- 
 
 i-ventnthe Saxon times: And MdL^er Selden in the 
 
 former known place, mentioneth an Obfervation , 
 ^o thatyVnfv^ijiperj'on<egHi de Rege timnt in Capite^ficut ru.Homtn , 
 
-„ The Prefise, ___ . 
 
 c^teri Barones debcnt inlerej/'e jncltctis cHri£ 'Qi^^m 
 RegucHm Baronibus. - '^p- 
 
 Fourthly 5 he citeth in his twenty fifchp^-^. an- 
 other inftance in King James time, in which, after 
 the aflent of Earls and Barons, the words, Et om- 
 ttinm jidd'tum no^rorum^ are alfo annexed, but with 
 this conceit of the Opponents, that thefe Ficlcles 
 were thofe that adhered to the King , againft his 
 Enemies ^ be it fo , for then the Commons were 
 prefent, and did aflent , or they may be, faith he, 
 fome fpecially fummoned as AfTiftants , take that 
 alfo, and then all the true hearted in the Kingdom 
 were fpecially fummoned, and were there, ,fq as. tjie 
 conclufion will be the fame. " no^jn 
 
 CH In the fifth place, he cited a ftrange precedent (*as 
 "he calls it) of a Writ of Summons in King John's time, 
 in his twenty feventh page, wherein Omnes wilites 
 were fummoned, Cuw armisfuis , and he concludes 
 therefore the fame was a Council of War. 
 
 Firrt, becaufethey were to come armed , its very 
 ^ twe, and fo they did unto the Councils in the anci- 
 ent Saxon times, and fothe Knights of the Counties 
 ought to do in thefe days, if they obey the Writ,£>«c/ 
 Aiilites gUdiis cin&os^ 8cc. 
 
 Secondly, he faith. That the Knights were not to 
 come to Council ^ that is his opinion, yet the Writ 
 fpeaks, that the Difcreti Militefwere to come, Jd lo- 
 qnendum cum Rege de tjegotiis regni : It's true, faith 
 he, but not, Ad traUandnm^ ^ facienduM^ C^ confetf 
 ticnduM : It's true, it's not fo faid, nor is it excluded $ 
 and were it fo, yet the Opponents conclufion will not 
 thence arife. That none but the King, and thofe who 
 are of the Houfe of Lords were there prefent. 
 
 The 
 
Tht Preface, 
 
 - The fixth and laft inftance mentioned by the Op- 
 ponentj is in his thirtieth page, and concerneth Efcu- 
 age granted to King jf^A//, who by his Charter grant- 
 ed, that in fuch cafes he would fummon Arch-BiQiops, 
 Bifhops, Abbots, Earls, and the greater Barons^ unto 
 fuch Conventions by fpecial Writs, and that theShe- 
 rifffliall fommon promifcuoufly all others which hold 
 m Capites, and thence he concludes. That none but 
 the Great Lords, and the Tenants in Capite (whom 
 he calls the lefler Barons) were prefent , but no 
 Knights 3 Citizens or Burgeffes 5 all which being 
 granted, yet in full Parliament the Citizens and Bur- 
 gefles might be there. For Councils were called 
 of fuch perfcns as fuited to the matter to be debated 
 upon. 
 
 If for matters purely Ecckfiaf^al, the King and his 
 Gouncil of Lordsj and the Church-men made.U|) iUe 
 Council. ?^'^w» ?frf pt 
 
 2jo|f for advice in emergencies, the King and fuch 
 Lords as were next at hand determined the conclu- 
 fions,* 
 
 •J^"If for Efcuage, the King and fuch as were to pay 
 Elcuage, made up a Council to afcertain the fum , 
 which was othervvife uncertain. 
 
 If for matters that concerned the common Liberty, Littkt. Ub. 1 
 all forts were prefent, as may appear out of the very '^^P-i- 
 Charter of King "john^ noted in my former difcourfe, 
 pag. 258. and alio from an Obfervation o{ Cambden^ r i F 
 concerning Henry the Third , Ad fummnm honora^ 
 fertinet ffaid he^ Ex quo Rex Henricus Tertius^ ex 
 taftta tMultitudine qH£ feditiofa ac turbnlenta fnit 
 ttptifHot quofquc ad ComifiA Parliamentaria evocave* 
 »-/f..<lodj DfiE .. uid^nonifd't 
 
 .inalaiqs Secondly, 
 
The Preface. 
 
 Secondly, the Opponent takes that for granted that 
 never willbej viz. That all Kings Tenants In Capte 
 were of the Houfe of Loids^ when as himfelf ac- 
 knowledgeth a ditfcrence, page 28. viz,, that the fta- 
 rons art fummoned by Writs, S/gillat/w^ as all the 
 Members of the Houfe of Lords are, but thtfeare by 
 general fummonSjtheir number great, and hard it will 
 be to underftand , how, or when, they came to be 
 excluded from that Society. 
 
 I (hall infift no furtherupon the particulars of this 
 Tradate, but demurr upon the whole matter, and 
 leave it to judgement upon the premifes,whicb might 
 have been much better reduced to the main conclu- 
 fion, if the Opponent, in the firlt place, had defined 
 the word PARLIAMENT: For it was a Con- 
 vention without the People, and fometiraes without 
 the KIN Gj as in the Cafes formerly mentioned, of 
 the Eleftions of William Rufut^ and of King Steven : 
 And if fometimes a Parliament of Lords only, may 
 be againft the King, and fo without King or People 5 
 as in the Cafe between Steven and Maud the Emprels, 
 and the Cafe likewife concerning King Jo/jn^ both 
 which alfo were formerly mentioned , poflibly it 
 may be thought as rational for the Commons in after 
 Ages, to hold a Parliament without King, or Houfe 
 of Lords i and then all the^Opponents labour is to 
 little purpofe. 
 
 THE 
 
THE 
 
 CONTINUATION 
 
 O F 
 
 An Hiftorical Difcourfe of the Go- 
 vernment of 
 
 ENGLAND. 
 
 TH E former times, Cnce the Norman entry 
 like a rugged Sea, by crofs Winds of arbi- 
 trary vapours, in, and about the Crown s 
 and by Foraign engagements from the 
 holy Chair, made the true face of affairs 
 cloudy and troublefom,both for the Writer 
 and the Reader, 
 Hence forward , for the fpace of three hundred years 
 nextcnfuing, Kings by experience and obfervation, finding 
 themfelves unequal to the double chace of abfolute Supre- 
 macy , over the Sturdy Laity, and Encroaching clereyi 
 you will obfcrve, to lay alide their pretenfions againft the 
 peoples Liberties, and more intentively to trench upon the 
 Spiritualty, now grown to derie all Government , but that of 
 Covetoufnefs. 
 
 Nor would thefe times allow further advantage to Kings 
 in this work, they being either fainted by the tickle Title 
 
 ^ of 
 
The Govern. 5 ^^^* ?• I ^^^g* rf 
 merit of ^ R-'ch. 2. 3 England, 
 
 of the Crown, hovering between the two Houfesof ICork^ and 
 La«cj;?fr, or drawn off to Foraign eniployments i as matters 
 of greater concernment for the prcfent well-being of the 
 Kingdom, or for the fpreading of the fame of fuch as defired 
 to be renowned for valiant men. 
 
 It will be fuperflaous to recount the particular atchieve- 
 ments formerly attained by thefe Ecclefiaftical men •, the 
 former Treatife hath already faid what was thought needful 
 concerning that : For the future, I (hall even premife this, 
 That the enfuing times being thus bleffed with a Truce , or 
 ftridier League between the Kings and Commons i the errours 
 in Government more readily do appear i the corruptions in 
 natures of men more frequently difcover themfelvesi and 
 thereby the body of the Statute-Laws begins to fwell fo big, 
 that I muft be enforced to contract my account of them into 
 a narrower compafs i and render the fanae unto the Reader, fo 
 far forth only as they (hall concern the general ftream of 
 Government •, leaving thofe of privater regard , unto every 
 Man's particular confideration , as occafion (hall lead him : 
 For what ever other men pleafe to infi(\ upon , this I take 
 for a Maxim , Ihat though the Government df s^»King if de- 
 clared by his Adtous , yet the Government} of a Kingdom is 
 enly manifejle d by ancient Cujhms , and publick^ Atis of Vat- 
 Uament. 
 
 And becaufe I have undertaken a general Survey of the 
 Reigns of thirteen fcveral Kings and Queens qf this 
 Nation i (for 1 (hall not exceed the iffue of Henry the eighth^ 
 and to handle each of them apart, will leave the Reader in a 
 Wildernefs of particulars, hard to comprehend in the general 
 fum j I (hall therefore reduce them all into three heads, viz, 
 Intereft of Title, Intereft of Prerogative, and Intere(t of Re- 
 ligion , the laft of which fwayed much the three Children of 
 Henry the Eighth : the fecond as much in their two Aneeftors, 
 viz. Henry the Eighth, and Henry the Seventh , and the hrft in 
 the three Henries of Lancajier, and three fucceeding Kings of 
 the Houfe of Torke : And becaufe Edward the Third and his 
 Grandchild Kichard the Second, do come under none of thefe 
 
 In- 
 
Thegoverft' J Edw. 3. ^ Kittgt of 
 mentof \ Rich. 2. 5 EttgUnd, 
 
 Interefts, I (hall .confider themjoyntly, as in way of Exordium 
 to the reft , although the courfe of the latter was as different 
 from the former, as Luft falls ftiort of a generous Spirit, 
 
 C H A P. r. 
 
 A fum of the feveral Reigns of Edward the Third, 
 and Richard the Second, 
 
 SEveral I may well call them , becaufe they are the moft dif- 
 ferent in their ways and ends, of any two of that race that 
 ever fwayed their Scepter , and yet the entrance of the firft 
 gave countenance to the conclufion of the laft. For the 
 Scepter being caftaway, or loft by 'Edtvardiht Second, it was 
 the Lot of his Son , Edward the Third , a Youth of fifteen 
 years of age , to take it up-, he knowing whofe it was, and 
 feeling it too heavy for him, was willing enough it fliould re- 
 turn , but being overfwayed by Counfels drawn from reafon 
 of State, and prefled thereto by thofe that refolved not to truft 
 his Father any more, he wifely chofe to manage it himfelf, 
 rather than to adventure it in another hand : but that is not all, 
 for as its never feen that the Crown doth thrive after Divorce 
 from the Scepter , but like a blafted bloflbm , falls off at the 
 next gale of adverfity : fuch was the iffue to Edward the Se- 
 cond, his Power once gone, his Honour foUoweth foon afteri 
 h^^had ceafed to be King, and within a fmall time did ceafe to 
 be Edward, 
 
 His Son, thus made complete by his Fathers fpoyl , had 
 the honour to be the Repairer of the mines that his Father 
 had made ; and was a Prince which you might think by his 
 ftory , to befeldom at home, and by his Laws fcldom a- 
 broad : nor can it be reconciled without wonder, that Pro- 
 
 D 2 vidence 
 
The govern- J Edw. 3. 7 Kings of 
 ment of I Rich. 2. i England. 
 
 vidence (hould at oncebeftow upon England ^ a courageous 
 People , brave Captains , wife Council , and a King that 
 had the endowments of them all. Otherwjfe it had out- 
 reached conceit it felf , that this fmall Ifland , wafted by 
 the Barons Wars , the people beaten out of heart by all E- 
 nemies, in the time of the Father , (hould neverthelefs iiu 
 the time of the Son, with honour, wade through fo many 
 difficulties of mighty Wars on every fide abroad , and de- 
 vouring Pertilence at home-, and yet lay a platform of 
 an J^pulent , wife , and peaceable Government , for future 
 Generations. 
 
 Yet he had his failings and misfortunes, a great part 
 whereof may be attributed to infirmity of Age ; which in the 
 firft part of his Reign was too little , and in the latter part 
 too much. True it is, that Governours of the Perfons of 
 Kings, may in forae meafure fup,ply defeds of Non-age, 
 but feldom where the Governours are many , and never 
 if they be ambitious: And it was this King's fate to mif- 
 carryinbothi for he had in his Youth twelve Governours 
 by conftitution , and they, two fupreme by ufurpation. 
 Viz. the (^een and Mortimer^ till they were both con- 
 fumed in the flame which themfelves had kindled. And 
 this difparity wrought fomewhat unfuccefsfully in the 
 King's firft War : For the generofity of his fpirit fhimfelf be- 
 ing young and adtive) minded his Council to advife him em- 
 ployment in a Foraign War, rather than they would adventure 
 its motion at home, left it might prove circular , which is 
 moft dangerous for Government , if the Prince be not under 
 eommandof himfelf. 
 
 This firft War was with Scotland^ whofe power was in- 
 feriour to that of France \ the King young , and the danger 
 nearer •, and therefore though the laft aflfront was from 
 frame , that more frefh in memory , and more poinant •> yet 
 theKing wasadvifed togive place, and fpeak fair , till he 
 had tryed mafteries with Scotland^ and thereby fecured his 
 Rere ; This he wifely hearkned unto , and met with fuch 
 a fuccefsful turn of Providence, that like an les , before a 
 
 Pro- 
 
The govern- < Edw.3. ;^ Kivgs of 
 ment of \ Rich 2. 5" England, 
 
 Proclamation, gives warning to Scotland that the Wheel 
 is turned upon thenoi and that there is fomcwhat more 
 than humane motion in the matter, that exafperates the En- 
 glifh upon an enterprize, fo often crofled by Providence hi- 
 therto i and the King a)fo Cl^eing but a Souidicr in hope 
 as yet ) to dare againft thofe that had fo fhamefuliy foil- 
 ed his Father , and alfo put himfelf already once to the 
 Retreat. 
 
 And yet there did concurr a kind of necefTity of fecond 
 Caufes > for the King found the Crown engaged , and the 
 minds of the Scots fo elate, as the EngliOi- man's cafe was not 
 to live to Fight, but to Fight to live-, and fo imbittered a- 
 gainft one another by the fierce Wars under the Barons, 
 that nothing could quench the fire, but the withdrawing of 
 the Brands into Foraignadtion , like fome angry fpirits that 
 fpoil their own bodies, unlefs they chide or fight it out with 
 others. 
 
 In the fird brunt with Scotland^ the King gained nothing, 
 but underftanding of the humours of fome of his great 
 Lords-, whichonce purged out , he renews the War, pre- 
 vails , and atter ten years iVir f wherein he became a trained 
 Soldier againft the Scots^he wan the Crofs, and then goes to 
 play his Prize in Frjwc?, to complete his Crown with the 
 Flower-de-luce : Which was the great work of the reft of his 
 Reign \ in which four parts of five were Victorious s the fifth 
 and laft, was declining like fome Gamellers, that win at the 
 firft,and for want of obfervation of the turning of the Dice, 
 come off lofers at the end. 
 
 For the King being rather fatiated than fatisfied with Vi- 
 ctory and Honour, returned home to enjoy wtiat he had, 
 leaving his Son, the Black Prince, to purfac the War, and 
 to ad the Soldier* alone, who now begdn to honour liis 
 Valour above his Father's. But, the Tide is fpent,the Prince 
 of Chivalry dies, the brave Commanders waited i and the 
 French too fickle to continue fubjedl to the Englifh , longer 
 than needs muft, tack about for another Adventure, and 
 
 make 
 
6 The govern- t Edw. 3. 1 Kings oj 
 
 govern- t caw. 3. 1 things oj 
 ment of i Rich. 2. 5 England, 
 
 make it plain , that Frtf«cf is too bigg to be Garrifon'd by 
 'England , and that it will coft "England more to hold it than 
 to have it. 
 
 His Religion was more to the purpofe, than of any of his 
 Predeceffors fince the Norman times j he refleded upon God 
 
 ^^nllq Brit, in common events , more ordinarily than the general ftrcam 
 of the Clergy did in thofe days : He loved , if not adored 
 devout men and their prayers, and yet intentively difclaim- 
 ed opinion of merits in the Creature : He faw the Pope 
 through and through, loved him but little, feared him lefs, 
 and yet loft neither Honour nor Power thereby. 
 
 His chief policy at home , was, to be much at home, 
 great with his People, and they great with himj what the 
 Parliament did, he accounted well donei he never queftion- 
 cd their Power, though he was over-reachedip quieftioning 
 their Wifdom : For he that (hall pfffer his own wife- 
 dom above that of the Parliament, muft needs think him- 
 felf extreamly Wife j and fo much the more, to know him- 
 fclf to be fuch ; But the worft of his fate was , to live to 
 his Winter-age , and after fifty years Reign , or more , 
 to dy in his minority under the rule of a Woman of 
 none of the beft fame , after he had fo long enjoyed the 
 honour of greateft note in the Chriftian World , in his 
 days. 
 
 Rid 2 ^"^^ ^^^ "°^ Kichard the Second , though the onely Son 
 
 of that famous Chieftain , the Black Prince of fVales •, ( a 
 renowned Son of a renowned Father ) but ( as a Plant 
 tranfplanted into a Savage foyle ) . in degree and difpofition 
 wholly degenerate , retained a tindure of the light incon- 
 Ihncy of his Mother, and the luxurioufnefs of his Great 
 ■Grandfather, Edtvard the Second , and running his courfc, 
 came to his end. 
 
 th. Uh.^. His entrance , however by colour of Inheritance, yet was 
 
 Oip. 11. a 'greater adventure than his Predeceflbrs , that came in 
 by eledion s upon the defignation of his Father by his laft 
 Will , fay fome. For this man came in upon many difad- 
 'vantagcs, both of time and perfon : The times were very 
 
 troublefomc 
 
ThtGoverft' C Edw. 5. ? Kings of 
 ffteni of ^ Rich. 2. $ England, 
 
 troublcfome , the Kingdom new wrapped up in a double 
 War abroad , and ( which is worfe ) flooded with diftra- 
 dions at honae , contracted partly by his Predeceflbi's weak- 
 reffcs in his decrepit cllatc , partly by a new intercft of Re- 
 ligion fprung up againft the Papal Tyranny , fron:i the Do- 
 ctrine of JVickJiffi all which required a very wife Man, 
 and a brave Commander, in both which the King failed. 
 
 Religion now began to dawn through the foggs of Ro- 
 mifh ufurpitions and fuperilitions , aided thereto by a 
 Schifm in the triple Crown, that continncd forty years, 
 with much virulency abroad, and with as bad influence up- 
 on our Myters at home ; Some of whom were ^called C/#- 
 mentines , others Vrban'tjls^ and yet none of them all wor- 
 thy of either of the Names, in their proper fignihcation. 
 The Laity, though lookers on, yet were not quiet ; For 
 though Liberty be a hopeful thing , yet its dangerous to 
 them that are not a Law to themfclves i efpecially in mat- 
 ter of Opinion j for that arrains the rule , and layes the 
 way open to licentioufnefs. And now that the Liberty 
 from the Keyes began to be taught as a duty of Religion, the .n^ /7 
 inferiour fort meet with Doctrines of licentioufne{s , upon tru-^^^^^ 
 mifl i aftc of the notion, and will acknowledge no rule, now 
 they muft be all at liberty ; and thus fprang up the infur- 
 redion of the Servants and Bond-men againft their Lords 
 and Mafters under Cade and Straw \ that might have 
 brought the Common-Wealth into a hideous Chuos , had 
 not the Lords and Great Men betimes beftirred themfelvesi 
 and the King fliewed an extraordinary fpirit , or rather a 
 kind of rage , that put it felf forth beyond the ordinary 
 temper of his mind. Much of this mifchief was imputed ' 
 to IVickliff's Dodrinei for it is an ordinary thing to 
 proclame all evils , concurring with the very joynt of Re- Htji. licch-f, 
 formation, to be the proper fruits thereof* but I Joqk^^"^- 
 uponit asafruitjof corjt^upjion that endeavqurs_t^_T^op _the 
 breathjof_Reformatiqn in thebirth^ and _there is^ forne- 
 what_of ^ Ridden irifluence^ (vpm^ Above jn^ the thing-. 
 For it was not only the Cup of England^ to be thus 
 
 troubled, 
 
8 The Gove'hi- C Edw.^. 7 Kings of 
 
 ment of \ Rich.a> J England. 
 
 y : ' ' — ^■==^- — • '■ 
 
 t^ntiq. Exit, troubled , but Yrance and other places had their portion 
 a(^i. fuitable. 
 
 • The King's minority rendred him unequal unto thefc 
 contrary motions •, he was in his eleventh year , when he 
 entred the Throne s and ( which was worfe ) his years 
 came on fafter than his Patts , but his work ported before 
 . them all The common help of Protedors left him yet 
 more unhappy, for they were prepoffeffed with ftrong en- 
 gagements of particular Interefts > and fo were either not 
 wife enough, or not good enough for all. This brought 
 forth a third inconvenience , the change of Protedor(hip •, 
 and that change of Affairs and Interefts, an uncertain 
 good that brings forth a certain evil i for variety of In- 
 struments and Interefts move feveral ways , and though 
 the end be one i the difference concerning the way, many 
 times doth as much hinder the Journey , as fo many blocks in 
 the way. 
 
 The Protedorft^ip was thrice changed , the King's Unkles 
 had the firft eflay s any one of them was big enough for 
 one Kingdom, but all of them together were too great to 
 make one Protedor. The Duke of Lancajhr would have 
 done well alone, if he had been alone, and that work alone > 
 but he being fomewhat engaged with the JVich^iffiih ^ and 
 fo entangled with the Clergy , and other reftlcfs fpirits , and 
 drawn off by his private aim at the Crown of Gaftile, 
 faw this work too much , and fo he warily withdrew him- 
 felf , leaving the Directory to a Committee of Lords , a fo- 
 vcraign Plaifter, queftionlefs , where the times are whole, 
 but notforthefe diftradions, wherein even the Committee 
 it felf fuffered it's ft^are : Thus the breach is made the wider i 
 and for a cure of all , the Government is committed into one 
 hand , wherein the Earl of JVanvic)^ acquitted himfclf well, 
 for he was wife enough to obferve fuch as the people moft ho- 
 noured ; And thus pafted over the two firft years of the King's 
 Kci^n. 
 
 The remainder of the King's minority , was rather in 
 common repute than in true, account ; For the K'rg , how- 
 ever 
 
The Govern- ^ Edw. 3. 1 Kings of ^ \ 
 
 mefjt of c Rith. 2. y England. ^ 
 
 ever young, took little more from the Protcdor, than he faw 
 me« to colour his own commands with opinion of Rcgularityi 
 and fo his will came to full rtrength before his wifdom budded. 
 Thus lifted up, he fets himfelf above all interefts of Parlia- 
 ment, Protedors, Counfellors,Unkles, wife Men , and Law . 
 leaving them all to be rules for thofe below. And fo lona ar» 
 the King's defire is thusferved, he is content to be repufKi a 
 Minor, and be as it were under protedion of others, though 
 not under their diredion i and is content to continue thus until 
 his two and twentyeth year : Some might think him very mo- 
 derate, had he been moderates but he forbears fuing out his 
 Livery fo long as he may live without care, and fpend with- 
 out controul; For by this time the humour of his great 
 Grandfather budded in hims he pawned his heart to young 
 men of vail defires, and feme fay fo inordinately, as he prorti- 
 tuted his Chaftity unto them. And it's no wonder if the Re- 
 venues of the Crown are infufficient for fuch Mailers. This 
 the people foon felt, and feared their own Free- holds : for they 
 are bound, faith he, not to fee the Crown dcflowred for want 
 of maintenance, it's very true, nor to fee the Crown dcflowred 
 cf its maintenance. A Parliament therefore is called, in 
 which diverfe Lords affociate , and prepare Phylick for the 
 King's lavifli humour, which being adminiftrcd, wrought for ' ^ ^"^^•' ^ "' 
 ten years after, till it had purged him ot his Life, and the Kirg- ^'^^' 
 dom of their King. 
 
 It was an Ad of Parliament that gave power to fourteen 
 Lords and others, to regulate the profits and Revenues of the 
 Crown, and todo Juftice to the people-, this was to con- 
 tinue for one whole year. The Parafitts no fooner found 
 the cffed hereof to their Coft , but the King grows fick of 
 it, and finds an Antidote to over- rule Ads of Parliament, 
 by Ads of Privy- Council, declares this ill- favoured Com- 
 miilion void > and the Contrivers, Advifers, and Fnforcers, 
 Traytors. To make it more Majeftical , he caufeth the 
 Judges to Subfcribe this Order, and fo it becomes Law in re- 
 pute. This foundation thus laid , he buildeth in hafte an 
 Impeachment of thefe Commiifioners of High Treafon i and 
 
 E fuppofing 
 
lO 
 
 The Govern. ^ Edw. 3. J Kifjgs of 
 went of 2 I^ich. 2. i EffgUncl, 
 
 fuppofing that they would not readily Aoop , himfclf 
 floops lower i for he would put his Right to trial by 
 battel, which was already his own, by the judgement of 
 the Mailers of the Law: For fo they may be well called, 
 feeirg they had thus Mattered it. In this the King had the 
 worit , for he loft his Honour and himfelf : ( God hath a 
 cail^of common right even amongft Idolaters.) Then comes 
 the Parliament of Wonders, wherein the King's Party are 
 declared Traytors , and the chief Judges with their Law, 
 judged by another Law. The King not medled with, thinks 
 it high time to come out of his Minority , and afTumes the 
 Government of the Kingdom and himfelf, to himfelf, be- 
 ing now three and twenty years of Age \ old enough to 
 have done well if he had cared for it: But refolving to fol- 
 low the way of his own will , at length it led him to his 
 own ruine : only for the prefent two things delayed it, 
 Viz. The Authority, W'ifdom , and Moderation of his 
 Unkles, efpccially of the Duke of L^^c^j^er , now come out 
 oi Spain \ and the great affedtion which the King prete^idcd 
 to the Queen, who had alfo gained a good opinion amongft 
 the People: The benevolent afped of the People, not for 
 their own advantage , but for the Publick quiet, procured 
 many Pailies and interviews between the King and People, 
 and many Laws tor the upholding of the Couit and Go* 
 vernmenti although both War, Laws, Juftice, and Coun- 
 cils , all are faint , as all is faint in that man that hath once 
 difmanned himfslf. This he perceives well enough, and 
 therefore Peace he muft have by any means. The Queen dies, 
 himfelf being nigh, eight and twenty years old , takes a 
 Creature like a Wife, but in truth a Child of eight years 
 old , and this is to get Peace with France, It's no wonder if 
 now he hunts after unlawful game, and that being ill taken, 
 brings all things out of order (For abufed Marriage never 
 wants woe: ) Civil men ar^ now looked upon as fevere Ca- . 
 to'j > and his Unkles, cfpfciilly the Duke of Glocejter^ with a 
 jealouseye, which accoinpli(hed his death in the conclullon. 
 The Dukes of Ltf«c<i(kr and Tor^, for fake the Court , Fa- 
 vourites 
 
The govern- j. Edw. 3. > Kings of II 
 
 mentof \ Rich. 2. 5 England. 
 
 vourites ftep into their rooms : The old way of the eleventh- 
 year is re-afTumed i Belknap and others are pardoned, and made 
 of the Cabinet. The pardon of the Earl of /^rji^w^c/ is ad- 
 nulled, contrary to the advice of the major part, and the Arch- 
 Eidiop, the Earl's brother is bani(hed. The Lords forfake the 
 wilful King, ftill the King's jcaloulk fwells •, The Duke of 
 Her^ord is baniflied, or rather by a hidden Providence fcnt 
 out of the way for a further work. The Duke of Lancajler 
 dies, and with him ail hope of moderation is gone, for he was 
 a wife Prince, and the only Cement that held the joynts of the 
 Kingdom in correfpondcncy. And he was ill requited , for 
 all his Eftate is feifed upon. The Duke of Her^ord, and his 
 party are looked upon by the people as Martyrs in the Com- 
 mon Caufe, and others as Royalills •> Extremities haften on, 
 and Prerogative now upon the wing, is towering above reach. 
 In full Parliament, down goes all the work of the tenth and 
 eleventh years Parliament, which had never been, if that Par- 
 liament had continued by adjo^urnment. The King raifeth a ^ 
 power, which he calleth his Guard , of Chelhire-mcn i under 
 theterrourof this difplaying Rod, the Parliament and King- n m-f,. 2, 
 dom are brought to Confemon; CheJ};ire for this fervice is cap. ^. 
 made a Principality, and thus goes Counties up,and Kingdoms 
 down. The King's Confcience whifpers a fad melTage of de- 
 throning, and well it might be, for he knew he had deferved it. 
 Againft this danger he intrenches himfelf in an Ad of Parlia- 
 ment, That made it Treafon, 'ta purpofe and endeavour to depofe , i ]Xick. i, 
 the King^ or levy War agaififi him , or to witbdratv his Homage^ cap 3 . 
 hereof being attainted in Varliament. And now he thought he 
 was well guarded by Engagement from the Parliament, but he 
 miiled the right Conclulion for want of Logick : For if the 
 Parliament it felf (hall depofe him, it cannot be made a Tray tor, 
 or attaint it fcif, and then hath the Kinggainedno more than 
 afalfebirth. 
 
 But the King was not thus quiet, the fling of guilt ftill 
 iticks within, and for retnedy he will un-law the Law i and 
 gets it enadted, that all procurers of the Statute of 10 Richard 
 ilie Second, and the Commiilion and procurers of the King's 
 
 E 2 alien t 
 
12 
 
 The govern- ^ Edw. 3. } Kings of 
 fft^Kt of i Rich. 2. y England, 
 
 affent thereto, and Iiinderers of the King's proceedings are. 
 adjudged Tray tors. All rhefe reach only the branches , ther 
 foot remains yet , and may fpring again i and therefore in the 
 lafl place, have at the Parliament it felf : For by the fame it's 
 futther declared, That the King is the fole Mafter of the pro- • 
 pofitions for matters to be treated in Parliament , and all gain-, 
 faycrs are Traytors. 
 
 Secondly, That the King may diffolve the Parliament at his 
 pleafure, and all gain- fayers are Traytors. 
 
 Thirdly, That the Parliament may not proceed againft the 
 King's Julticcs, for offences by them committed in Parliament, 
 without the King's confent, and all gain fayers, are Traytors. 
 Thefe'and the like Aphorifms once Voted by the Che(hire-mcn^ 
 affented unto by the Parliament, withthe King's Fiat^ muft 
 pafs for currant to the Judges, and if by them confirmed or 
 allov;ed , will in the King's opinion make it a Law for ever. 
 That the King in all Parliaments is, Vom'mits fac primum, 
 and VomiuM fac fetum. But the Judges remembred the tenth 
 year, and Belk^nap^ entertainment , and fo dealt warily i their 
 opinion is thusfet down-, hhelongeth to the Parliament to de- 
 elarelreajon ^ yet if I rvereaPeer ^ and were commanded , I 
 Jh/fitld a^ree : So did 'thorning under- write, and thereunto 
 alfoconfented Kicf^ill^zud ^'wlValter CloptoH^ the laft being 
 Chief Juftice of the King's Bench, the firft Chief Juftice of the 
 Common pleas, and the fecond another Judge of the fame 
 Bench. The fumin plainer fence is, that if they were Peers, 
 they would agree \ but as Judges they would be filent. And 
 thus the Parliament of England by the firft of thefe four laft 
 mentioned conclufions attainted themfelves i by the fecond 
 yielded up their liberties, by the third their lives, and by the 
 laft , would have done more , or been lefs : And to fill 
 up the meafure of all , they affigned over a right of Le- 
 giJlative power unto fix Lords, and three Commons , and 
 yet the King not content, Superadded, that it ftiould be 
 Treafon for any man to endeavour to repeal any of their de- 
 tcrrpinations. 
 TheCommpn-wealth-thusunderneathj the Kicg tramples 
 
 upon. 
 
The govern- < Edw.3. ^ Kings of 1 3 
 
 ment of l Rich. 2. f Eftgland. 
 
 upon all at once i for having efpyed the fhadow of a Crown 
 fleeting fronn him in Ireland, he purfues it, leaves the noble 
 Crown of EngUnd m the bafe condition of a Farm, fubjedl to 
 ftrip and waft by mean men \ and croffes the Irifh Seas with an 
 Army. This wasoneof E«g/j;»^'/Climaderical years, undet 
 a difcafe fo dcfpcrate, that no hope was left but by a defpcrate 
 Cure, by fudden bleeding in the head, and cuttingofT that mem- 
 ber that is a principle of motion in the Body : For it was not 
 many Months e^re the wind of atfairs changed, the King now 
 in /r(?/<»«^, another fteps into the Thrones the noife hereof 
 makes him return, afar olf enraged ; but the nigher he comes, 
 the cooler he grows, his Confcience revives, his courage decays, 
 and leaving his Army, his Lordfliip, Kingdom , and Liberty, 
 behind, as a naked man fubmits himfelf to releafc all homage 
 and fealty v to rellgn his Crown and Dignity, his Titles and 
 Authority \ to acknowledge himfelf unworthy and infuffici- 
 ent to Reign *, to fwear never to repent of his refignationi and 
 thus if he will have any quiet, this wilful man muft be content 
 for the future, neither to will nor delire : And poor England 
 muft for a time be contented with a doleful condition, in which 
 the King cannot rule, and the Parliament will not, and the 
 whole body like a Chaos capable of any form that the next 
 daring fpirit (hall brood upon it. 
 
 CHAP. ir. 
 
 of. the State of the King and Parlia/nent^ in relation of 
 it to hinj, and him to it, 
 
 A King in Parliament is like ihtSSk firft-born of Jacob^Djc 
 excellency of Dignity^ and the excellency of Tower , but 
 alone unftable as water: Examples of both thefe we have in 
 thefe two Kings JF/7»rfo/ the fir(i voat Crowned by the Parlia' 
 ment^ and Crowned it i the latter alfo Crowned it, hut with 
 
 'Thjjrns^ 
 
^ Thigovtrn- f Edw. 3. 7 Kings of , 
 
 K^^mntJof^l :K\cW2* 3 England. 
 
 'Xhornst, and yet the Parliament in all held on that ivife way , that 
 it neither exceeded its own bounds^ nor lojl its own right, 
 , I fijall enter info the con fi deration of particulars under 
 fhcie liesds: Firfl; , In reUtion m>ire immediately to the in^ 
 tereji of the King: Secondly , To the tntereji of the Kingdom 
 in general. The -King, though higher than all the people by 
 the head, and fo hath the Prerogative ot Honour as the iroft 
 worthy, yet his flirength and abilities, originally do rife from 
 beneath, otherwife, he is but likea Gene-ral wlthour an Ar- 
 my, the Title big, but aery, and many times his perfon fub- 
 jed: to fo much danger, that iniiead of drawing the eyes ot* 
 all the people to look upon him with admiration, they are 
 drawn to look to him with obfervation , and in this refpcdV he 
 may befaid ro,be Icfs his own man , and more the Kingdoms 
 than any of the inferiour fort. This befcl in both thcfe Kings 
 in afpccial nvanner i eachentringupon the grand govern- 
 naeiit of a Kingdom before they were able to underftand' 
 the work, or govern thcmfelves; and therefore were under 
 power of Protcdors for thcguaid of their Perfons and their 
 Education, and of the Parliament for Counfel and Dirediion 
 in Cafes relating to the Kingdom. The child of a mean man 
 when its Parents are dead, is Filius Amici^hm of a King is, fi- 
 lm Popnli^ to be by them trained up in fuch manner , that he 
 may be Pater Populi^ when he is come to age. In the mean time 
 though he be a King, yet his Perfon like a precious Jem muft 
 not out of the Ring, but muft be direded by Council , though 
 under fome kind of reftraint, and the Counfellors all the while 
 no Oifcnders in fuch Cafes againft the Prerogative Royal. 
 ^•3"^^^^-^* And t+ierefore though it bs true, that Kings grow fa(kr 
 than other men, and fooner come to full age than they , yet 
 'Edward the third, now in hisfixteenth year might not pafs 
 over Sea into France , though it were for reftoring of peace, 
 but by diredion of the Parliament ; nor is it meet in fuch 
 Cafes, that Kings (bould rtand upon the Prerogative of a Ne- 
 gative. Secondly, it may likewife be faid , that his Family 
 is lefs his own, as he is a Man, than another mans. For pri- 
 vate Families are no further under tlie publick Law , than 
 
 in 
 
iht Govern- C Edw. 5. ? Ki-ngs of 1 5 
 
 fftent f>f ^ Rich. 2. 5 E^ngUtid, 
 
 in relation to the publick peace , to puni(h after brcacli 
 made. But the Families of Kings are looked upon by all in 
 relation to the honour and protit of the publick > not only 
 becaufe the King^s fevvants have by their nigh attendance 
 uponhis perfon, a more powerful influence into his adficns, 
 which may reficd a malevolent afpei^ upon the whole courfe 
 of aifairs, if they be not better ordered that are fo nigh 
 him. But more efpecially in regard that the government and 
 order of the Royal Family, trcncheih deep upon the Honour 
 of the Kingdom, and purfcs of the people , who are con- 
 cerned to fee the fame accommodated fuitable to the State 
 and Port, which the Nation would bear forth to the World. 
 And therefore for the Parliament to intermeddle in the 
 King's Family , is not Foraign nor new : Alice Piers was a 
 Familiar , if not of the Family of Edn-ard the third, yet both 
 her felf, and others of that Family were complained of as a 
 grievance. Kichard the fccond , was once a young man, and 
 ever a young King j and what E<^»7^rc/ the third wanted only 
 in his youth, and in his infirm old Age, this man ever want- 
 ed : for he that knew not how to govern himfclf, how 
 much Itfs could he govern "his Fam.ily ? And if in this con- 
 dition the Parliament become his Stewards, to fct a yearly 
 Survey and Check upon his Servants and Family , in order ro 
 good order of the fame, and Kingdom , other wife m.en muff ^ ^"^''' *• ■"• 
 conclude, it did that which was juft : though Kichard the^^'n , 
 fecond, and thofeof his mind think not fo. But this is not ^, 
 all i Kings have not only fuch as ferve the outward man, 
 but fomc that ferve their Confciences, of eld time called 
 ConfciTors> inthefedays without name , for fear of Su» 
 perdition, yet the thing remaineth Rill in feme well favoured 
 Chaplain, and their work is to lead the Khig's Confcience in 
 dark ways , or rather into them i commonly he hath a devout 
 outFide, and that is the King's Idol : but if while his eye be 
 towards Jerufalem, his njind be towards the dead Sea , the 
 King is his i and then the blind leads the blind : Like feme 
 Jgws fjtuM J to fuch as know it not ; No man is fo well 
 known by his company as Kirigs aie by thefe men , and thcfc 
 
 men 
 
l6 The Govcrft- C Edvv.5. n Kings of 
 
 ment of l Rich. 2. j England, 
 
 ■- ____^^___— -___^_______— — — 
 
 men by their At!^ions. Although fome have been fo witty as 
 to cheat the whole generation of Mankind, by entertaining 
 holy men to be their Chaplains : themfelves the mean time, 
 without any fpark of that holy Fire. Yet this King was not 
 fo cunning, he had a ConfcfTorof his own choice, and accord- 
 ^'^ich.z.n. ing to his own heart, who was complained of as a grievance, 
 17,18. and the Parliament removed him ; So nigh they adventured, 
 
 even to invade the King's own confciencc, if it may be called 
 confcience, that will acknowledge no Law , but that of its 
 own mind. 
 
 Thirdly, The King's Revenue was under the check and 
 control of the Parliament, for it befalls fome Princes, as other 
 men, tobefometimes poor in abundance, by riotous flooding 
 treafureout in thekffer currants", and leaving the greater 
 channels dry. This is an infupportable evil, becaufe it is dc- 
 ftrudive to the very being of affairs , whether for War or 
 Peace. For the King's Treafure is of a mixt nature, much of 
 it being intended for publick fervice, as himfelf is a pub- 
 lick perfon. And for this caufe he hath Officers of feveral na- 
 tures attending upon this Treafury. Some for Land, fome for 
 Sea, fome for the general Treafure of the Kingdom , fome for 
 that of the houfhold, and fome for the privy purfe : the com- 
 mon end of all being to maintain ftate in time of peace, 
 and ftrength againft time of War : becaufe it's no eafie mat- 
 ter to maintain the juft proportions for each of the faid 
 ends , it is the lefs wonder that fuch a brave Prince as E^- 
 rpW the Third (hould labour under want for maintenance 
 of the Wars; and fo lavifh a Spendthrift as Richard the 
 Second fliould labour under more want to maintain his 
 port and countenance in peace. And therefore , though it 
 be true, that the publick Treafure is committed to the King 
 as the chief Steward of the Realm , yet it is as true^that 
 he is but a Steward •, and that the Supreme furvey of the 
 Treafure reftcth in the Parliament , who are to fee that the 
 Treafure be not irregularly wafted , to reduce the fame into 
 order > and for that end to call the Treafurers and Receivers 
 to account, to fee to the punilhicg of fuch as are unfaithful, 
 
 and 
 
The Govern- ^ Edw. 3. ^ Kings of 17 
 
 fftent of c Rich. 2. \ England, 
 
 and encouraging of others that arc faithful ■, for when by 
 extravagant courfes,' the Treafure is waflcd j by extraordi- 
 nary courfes it muft be fupplied , which ever is out of the 
 Subjeds purfcs. Andinfuch cafes it is great rcafon that they 
 (hould obferve which way the courfc lies of fuch cxpences. 
 If then in fuch cafes , fometimes the Parliament hath (hyed 
 the iffuing out of the King's Revenue for fome time, or other- , <x.- /. 
 wife viewed and examined the fame , charged it with condi- ,'2 *"'^ * ^'**' 
 tions , 22 E. 3.W. 25?. i4K.2.;f. 15. limited it to certain u- ^'jjid.i.n. 4. 
 fes, and in cafe of mifufer refufed to levy or make payments, or 41. 
 the cafe will be without difpute , that the Parliament or- »4-^-;. n. f^. 
 dered thepublick treafure asthey faw molt need. But much -7-^-v «. 8. 
 more if we conlider how the greateft part of this Treafure ^ '^■,^' " 4°- 
 was raifcd, Viz. Not from the old Fvcvenues of the Crown, ^^ S "-i^- 
 but by new irapofitions , levies, and affeffments, laid upon 
 the people , even what they pleafcd , and in wiiat manner 
 they thought meet , and not otherwile. Aids are law- 
 ful if they be legally given by conrimon confcnt of Parlia- 
 ment ; Taxes if legally given by Parliament , are no lefs law- 
 ful , yet they muft becolleded in fuch manner and by fuch ^-^ ■^•.'•'"•^p^o 
 means as the Parliaments Order doth dired : Loans of moneys 
 to the King may be made by them that will , but the King 
 muft not demand them , becaufe the Subjed hath no means 
 to recover the debt. This trick had been lately tryed by EJ- ^ J -C. 5. ».i^. 
 rvard ihc Second, much money he got, and it was repayed by 
 the order of the Parliament. But of all the reft , nothing 
 (hewed more abfolute Authority in the publick P^evenue 
 than the care that was had of the Demefnes of the Crown, for 1 E. j.tff. i. 
 whereas the expences of Kings grew fo vaft, that neither the 
 yearly Revenue could fuffice , nor Aids, AlTefTments, and 
 Taxes could fatisfie , however ordinary they in thefe tiiiics 
 were becomes rather than Kings would contain themfelves 
 they would invade their own Demefnes, by pawning, felling, 
 and giving them away , either for love or money, and thus 
 was poverty treafured up againft the future, both for King 
 and Crown. The Parliament efpying this leak that was like 
 to undo all, applycd a fpeedy remedy, undoing what was 
 
 f" done, 
 
1 8 rhe Govern- 5 Edw. 5. > Kings af 
 
 tiuntcf ^ Rich. 2, ^ EttgUnd. 
 
 done, and undoing fome b)' an Ad of Rerumption,and there- 
 by taught Rings to look to their honour better for the future s 
 iRid.t.n^%. and people alfo to take heed of medling with fuch conliderar- 
 ted matters, and to know that he that hath fuch in his pclTeili- 
 on , hat!) them by a crack'd Title that cannot be amended but 
 "by Ad of Parliament. 
 
 Fourthly, an Erglilli King is no Out-law, nor can he do 
 any wrong, though the man mjay : he hath a double relation, 
 one as a King , the other as a Man , and the uniting of 
 both in one pcrfon, hath cheated many a man of his Judge- 
 ment in the Cafe of prerogative : he hath a double will , and 
 thefe many times contrary, equally as in other Relations;, 
 and in this contrariety , fometimes the King overcomes the 
 man, and fometimes the man the King i fo as if any man , the 
 King hath much more caufe to cry out, tniferable Man ; 
 Thcfe divers wills are generally led by diverfe rujes ; One of a 
 man, which many times reacheth no higher than the Affedions> 
 and if the man be weak, they deferve little better name than 
 Lufts. The rule of a King is Law, or Councils, of thefe in 
 place, and unto thefe in all prudentials , he muft fubmit his 
 iudgementand will, asheisa King : nor can he do other- 
 wife: unlefshewill prefume to be wifer than his Council; 
 Suitable hereunto doth that claufe in one of the Statutes 
 Sj £. 5. fj-o-Qf thcfe times conclude, Viz, Ibat the King is bound by his 
 '*"r''' Oath^iopafs all Laws that are for the good of the Kingdom: 
 
 For were the power of eledion , or determination of the 
 pointonly in theKing, then were the Oath in vain, nor is 
 the Parliament at all fin cafe of the King's diflentj to judge 
 *y-?*^ "•'^•- of tlie convenience or inconvenience of propofals made for 
 \ i?nia « ' p' ^^^ S^"*^ ^^ ^^^ whole body, according to that power which 
 1 n.,-. ,3...^ exercifed in thefe times; Nor is it rational to inferr 
 here from that, if Law and Council be the rule of a King, 
 then the obedience of the people unto this King tnuft be in 
 order to Law and Council , othcrwife the difobedience can- 
 rot be determined to be againft the King, but againft the 
 Man i and though againft the private will of the Command- 
 er, yet not againft the Law , nor therefore C4n it bc.faid il- 
 legal 
 
The govern' j Edw. 3,. ^ Kiftgt of 19 
 
 mentof i Rich. 2. 5 England, 
 
 legal or unjuft. The Parliament in thcfe tinnes held forth 
 this Dodi^rine plainly to the World, that it is their proper 
 work in Cafes needful to do right to fuch as are wronged ' ^ ^•3'«-^.7. 
 iy the King: his command is no Warrant in fuch Cafes. If 
 a man be wrongfully imprifoned by him , he (hall be rclcafed ^ j^^' ' " '' 
 and fet at liberty by them: Let his Ad be never fo authen- , J ^/j/^ j/* 
 tical under the Broad Seal , it can take no man's right away. 1 j^u^j^^^,. 
 K/<:/^.:«i'i3? the Second, did his utmcft to fatisfie and quiet the 
 tumultuous Rabble under Cade 2X\6i Straxv\ and granted 
 ftoreof Manumilhons to the Bond-men by Declaration, and 
 by his Letters Patents, but not one of them good enough to^K,^^ j^.f^ 
 deprive any one of the meaneft of the Free-men of their i:, 13. 
 rights in thofe Bond-men. The privilege of fl->ewing4ncrcy, 
 and granting pardon hath been anciently betrulkd to the 
 King, asanOvcrfeerof the execution of Law, yet he hath 
 not that Prerogative-, To have mcxcy on whom he will have 
 mercy, tver Hnce this Nation had learned to read the Bi- 
 ble, Murthcr hath been excepted from mercy, nor did the 
 Law ever allow any King any Prerogative to pardon that. 
 Edrpjrdthe Third, did not challenge any fuch , not only 
 bound thereto by his Coronation-Oath, but by publicK '^ , •'■"^^^ 
 Ads of State,' declaring the fame i yet becaufe the Parliament ^\ '\ ^ fjl l[ 
 was not always fitting , and Kings were ever fubjed to this " ' ^ 
 Temptation, to favour Servants, by granting mercy to Male- 
 fadors i, a general rule of Inhibition is made, againft all par? 
 don ro be graintedby the King, in Cafe of Felony , but only 
 in Cafes til lowed by advice of the 'Council. It's true, that in 
 the hrfl times of Kichard the Secbnct, he'liked not to be thus 
 girt in his power, which he pretended was.moreat liberty in his 
 Predeccflbrsi poiiibl'y he mcaned Rin^ John^ and E^w^r^',^ ^'^^•'"^'' 
 the Second, wbo'rriapy times di'd weiat they IlAcd i yet, un- '"'''^' '* 
 dcrhisfavoiir, 'n6'taw was" fo'. fl^ann^ejef^ , as" to. bold forth j ^ ^;^f 
 fuch a power, fill K/y^'jr^ the Sc^Qi^d^Sj" Law tduriteiianccd it : , ^^'^ 
 But why do I call it a Law, which \s tinly a Declaration by 21 Rick. a. ». 
 confcnt of the Lords ^ fuch "as then were; the Commons 5;- 
 would neve^ own 'fuch an . opinion » and therefore it foon 
 proved' abortive i '^orwithih ibVe'e d^iftpr y^atSj^by pub- 
 • '^■" '■' ' ^ ■ ■ 'F 2 ' lick 
 
20 The govern- i Edw. 3. 7 Kings of 
 
 merJ of ' i Rich.2. J England, 
 
 lick A<St of Parliament , it's peremptorily declared , that the 
 . King's pardon (hall notejitendtp ls,iurther : So as upon the 
 \\-hole matter it is plain, that it rs hot the King's will, though, 
 fupported by the Councilof Lords, and backed by the opini- 
 on of the Judges, that muft be a rule for the government of 
 this Kingdom , nor doth any Allegiance bind obedience there- 
 unto, in Cafe where JufticCjOr the liberty of the people isi 
 concerned. ■ \ ' • ' 
 
 Three things yet remain whicb Kings have claimed to be. 
 their own , Viz. Conferring "fitie's of/ Honour , and Placesof 
 'frHJ}^ and the Leg/JIdtive Power, The firfl is but a Fi:ather, 
 and not worthy of regard, yet it is plain that thefe times pro- 
 duce many precedents of Dukes, MarquelTes, and Earl?, made 
 in Parliament, and poITibly it maybe apparent that this tirft 
 motion of any fuch Title of Honour ', did f\xii fetch, it's 'Oj:i*, 
 ginal thence , if not in the Field. ''Butit^'snot worthy of the. 
 labour. Tiie fecond is more confiderable , Viz. Ih^ pow-;. 
 ar of conferring Vhces'of'Tnblick^T'ruji ; This, Kings have-, 
 pretended unto , although in courfe of Congruity, it will be^ 
 thought more meet, that it belongeth rather to that chief and: 
 grand Truft of flit' whole Kingdom conrimitted to the Par-' 
 liamcnf, and the practice of thefe times is not much difcre« 
 pant, whether we regard fuch as are for advice or execution. 
 Of the firft of thefe, are thofe whom we cpmmonly call, the. 
 Privy- Cpuncil, whoft advice in cour.fe tpucheth firft,. upon, 
 the King's Perfon, but by reflexion workct(i {^rong impreffi- 
 ons upon the people, fo. far as the influence ot the King's 
 power extends. And therefore it's not beyond the Sphear of 
 the Parliament tointerpofe andqualifie that influence, fo as it 
 may be for the general good of the whole Kingdom : For, 
 many times Kirigs are either abov6 or bepeath thcmfelves >^ 
 and in fuch Cafes, if the Council be of the"^ip^'s fuit, he!, is 0^ 
 the deeper die, and proves more Malignant to the jpeople. 
 Edward the Third, growing into great opinion in the World, 
 his proportion exceeds his own portion, and the peoples 
 good wills to boot •, they think the faulf is in the f*rivy-CQun- 
 M .£ 3. ». r ^ gii^ and an Inquifuion fet upon it ; So alf6 ihty do in his fifty- 
 
 eth 
 
The govern- c Edvv.g, ^ Kitfgs of 21 
 
 went of I Rich 2. § England. 
 
 ' etii year, when he grows downward. And the like in the be- yo i. ^.n.io. 
 ginning of R/c^-ar^ the Second's Reign , he being now a i^'<;*i».ji 
 Youth, and therefore unliable in his Rcfolutions, and unable to 
 make Election : So as upon tiie whole matter, if the King fall 
 fhort in point of Judgement, or Refolution , or inordinate in 
 hisaffedlions: Eut moreefpecially where they obferve the .; i?;£r* i.w ?4. 
 Major, or more conliderable part of the Council to draw to- ^ Rich in. 17, 
 wards a dcHgn •, in fuch Cafes as thefe,the Parliament as it's *^' ^^* 
 own duty, undertook to fettle a good Council about the King's ^ ^'*^'^'-^" »P 
 pcrfon, that might advife him during their Reccfs. For the 
 PiivyCouncil is never more it fclf, thJn when it is an Epitome 
 of the Common Council of the Kingdom. In like manner 
 fuch Officers as concern Execution of Law, and Counfel, are 
 as narrowly to be enquired into : for if their motion be irregu- 
 lar , it's Ids material what the rule be; the Parliament 
 therefore held it their duty to interpofe in the Eledion of 
 grand Officers of the Kingdoms fuch as are the Chancellors, 
 Judges, and Juflices, or to coniarm or difplace them, or bind 
 tbem by .Oathi the Rolls of the eighth, fourteenth, hfteenth, 
 and thjrty-fixth years of E^n?<jr^ the Third, and the lixth, 
 tenth, and eleventii years of K/c^^r^/ theSecond , do manifeU 
 this fufficiently. 
 
 1 have done with the Subjedi matter, or work of the Par* 
 liament in the mutual Relation of the King and it, the man* 
 Ler of proceeding was either joyntly with the King, or 
 without him i and either joyntly with the two Houfes , or 
 or feverally i and either immediately by themfelvcs , or their 
 Committees. As touching the firft, it's evident, that in all ' 
 
 matters wherein gain arifeth tp the Crown from the people, 
 by Subfidy, or otherwife^the ftrength of the Grant by Adt of 
 ParliaiT^ent refteth in the two Houfes, and that the King's 
 Affent is but Pr(r/orwtf, as touching that matters and there- 
 fore fuch Grants have been made as tended in fome meafurc 
 to derogate, either from the King's wifdom, care, or hdtlity, 
 yet even tbcfe have palTed with the Royal AfTcnt , thougli 
 the full Aflcnt, or good will cfthe Perfon of the Ring was 
 
 not 
 
2 2 The govern- I Edw. 5. ^ Kings of 
 
 merit of i Rich. 2. 5 England, 
 
 not correfpondent thereto ; asinthefe Cafes formerly noted, 
 where Subfidies were given with Limitations and Conditi- 
 ons, and upon rendring account to the people. And it is as 
 evident, that where the King's Perfon is difabled to under- 
 77 E. 3.n.u. ^^'^^ C^is in Cafe of Infancy^ there the Royal Affent can 
 I Rich.i^n.y bearlittle weight with its butmoft of all in the King's abfence, 
 ^Tijck.i.njs where either the Affent is put thereto by Commiflioners, 
 that know not. the King's particular mind, or the Adt is 
 done only by the Houfes , in nature of Ordinances i and yet 
 thefe of force to bind all parties, but the King. But nothing 
 moredebafed the Royal Affent in thefe times, than a trick 
 that Edivard the Third plaid in the midrt of the fulleft 
 ilrength of his Government : It wasln time of War, which 
 never is time of good Husbandry and laying up, nor of fober 
 advice in laying out, nor of equity in levying and colleding 
 money for the nerves of War. This forward Warrier in the 
 heatof his Atchievements, finds his ftrength benummed for 
 want of money, he leaves off, comes home, rages against his 
 Arch-Bifhop, to whom he had committed the care of provifi- 
 on for his War, and the Arch-Bifhop, as hotly falls upon fome 
 of the Treafury in the Army on the orie fide, and upon others 
 in the Countrey , whofe oppre(h'ons, faith he, inftead of bring- 
 1^1. I.e. 3. ing in money, made the people to give a ftop thereto. A 
 conteft hereupon thus had, it was concluded by the power 
 of the Parliament, that fuch men(hould be qucftioned , and 
 that the Parliament from time to time (hould callall Offi- 
 ^ati(j. -C*//. t;crs of State to account , and thereupon enfues a calm. Af- 
 iccUJ- tcrthe Parliament ended, the Ring repeats the matter, it 
 
 makes his heart fick , he difgorgeth himfelf by a proclama* 
 tion made by advice of Nobles, and Wife Men, as he faith, 
 and tells all the World he diffemblcd with his Parliament, 
 and what he did was done by durefs of mind , to pleafe for 
 the time , and to gain his ends, which being now hadjheby 
 tj 2;. 3 . 5 0. hJ5 proclamation revokes what he had done in Parliament, or 
 endeavoured it ; And thus is England put to School to learn 
 todilfolve three hard knots: Firft » Whether a King can dif- 
 femhUvpithh'u Parliament. Secondly, Whether Edward the 
 
 'third 
 
Tht Govern" C Edw. 3. ? Kipigs of 23 
 
 Mcnt of ^ Rich. 2. 5 Efjglttjd. 
 
 .. .- .1. , , , , , — , . , , , j I ,1 ^ 
 
 ^hird hii diJfembliHg ajfent makfs a Latv ? Lafi ly , IVbeiber by a 
 VToclamiiioH^ by advice of Nebles and IVife Men^ he can Declare 
 that he dijfembled with hir Parliament^ and therein n$t dtjjhnbh 
 the Royal JJJent^ foasto bring aU the Larvs made in any Kin^t 
 time into quejifoi^T at leaji during his Life. However the refult 
 maybe, it's evident the Royal AlTent gets no honour hereby, 
 and the Statute as little, that hath futfcred this proclamation all 
 this time to pals among the number of the Statutes in Print as 
 a Law, when as many Statutes that are Laws ot" note are left 
 out as ufclef?. 
 
 Although in the general, the two Houfcs joyned in every 
 fiid:^ Ad extra^ya^Ad intra ^ and in relation one to another^ 
 they had their feveral operations , the Houfe of Commons 
 intermcdled more in the matter of Fatfl , the Houfe of Lords 
 in matter of right , although in either of thefe there is a 
 mutual Afped from both : In matters of Judicature , mpch 
 reftcd with the Lords, and therefore it is ordained, that, Ibe 
 Houfe of Lords (l:a^ remedy all offences contrary to the Laiv of 
 hUgnaCharta: And in cafes where no remedy is left, nor^J^'^^'* 
 judgement by the Law, the matter fliall be determined ;« 'f J ^-S* ^•5»4« 
 Varliament , and the King Jhall command execution to be done 
 according to the Jndgement of the Peers : Which Laws 
 feem to be but declarative of the former Law , and 
 in the nature of reviving that power into A(ft which was 
 formerly laid aileep, and doth firongly imply that the 
 ultimate Ad: in Judicature reftcd with the Lords, in relation 
 not only to the Houfe of Commons , but aKo in relation to 
 the King , whole work in fuch cafes, is, not to judge above 
 or with the Peers , but to execute their fentence i and that 
 carries with it a lift , whereby the power of a King may ap- 
 pear not to be fo fupreme in making of the Law , as fome 
 would have it ; for if his Judgement and Confcience be bound 
 by the Votes of the Peers in giving a Law, in cafe of a par- 
 ticular perfon, where the Law was not formerly known: Let 
 others judge of the value of this Negative Vote, in giving. 
 Law to the whole Kingdom. It's true, that this Parliament 
 was quarrelled by the King, and he kept it at a bay by a pro- 
 clamation 
 
^4 The Govern- < Edvv.^. n Kings of 
 
 went of i RiLh,2. J Etjglatul. 
 
 clamation that pretended Revocation, as far as a Proclamation 
 could revoke an Ad: of Parliament i but it effected nothing, 
 nor did the contert lal\ long: Kow though this Jurifdid:ion 
 thus refred in the Houfe ot Lords, in fuch Cafes, as well as in 
 others i yet is it not fo Originally in them, as* to be wholly 
 theirs, and only as they (hall order it » for the Commons of 
 Engl and ^hzvQ a right in thecourfe and order of Jurifdic^ion, 
 which ("as the known Law) is part of their liberty ; and in the 
 fpeedy execution of Juftice, as well as they have right to have 
 JulUcedone: and therefore, whereas in Cafes of Error, and 
 delays, the Appeal was from the inferiour Court to the Parlia- 
 14 £.3 . ca^.<). j^^pf^ which immediately determined the matter, and now the 
 trouble grew too gteat by the encreafe of pleas; For remedy 
 hereof, a kind of Committee is made, otone Bi(hop,two Earls, 
 two Barons, who by the advice of the Chancellor , Treafurer, 
 and the Judges, fliall make good judgement in all Cafes of 
 Complaint of delay in Judgement, which Committee is not 
 made by Order of the Lords alone , which they might have 
 done incafejurifdidion had been wholly and only (hut up in 
 their cuftody, but by Adt of Parliament,and joynt concurrence 
 of the Commons with the Lords : For as the Commons chal- 
 lenge fpeedy Execution of Juftice,as one of their liberties : So 
 alfo to be under the Jurifdidion of fuch Judges, and Courts, as 
 the Laws fin the making whereof, themfclves challenge a 
 Vote) do eftablilh and appoint. 
 
 I will conclude this Chapter with the Conftitution of the 
 Parliament in thefe times. For, the difficulties that befel be- 
 tween the Kings and their people , or Houfes of Parliament, 
 wrought two fad effecfts 5 Viz. A propenfity to decline call- 
 ing of Parliaments , fo often as was u(ed and expedcd i and 
 when it alTenribled, as great a propenfity in the Members to 
 VVn^fiiig. declrnetheir attendance,- by means whereof, as the Hiftorians 
 tA>u 131;. tell us, the Parliament was fometimes enforced to adjourn it 
 fclf for want of number fufficient : the tirlt of thefe arofe 
 from want of good will in the Kings; the other from want 
 of courage and zeal in the people. The firft of thefe Was fa- 
 tal and deftrudive to good Goyernmc-nt v for though in 
 
 diftempercd 
 
The Govern- r Edw. 3. ^ Kings of 25 
 
 went of I Rich. 2.. j England, 
 
 diftennpercd Pari iamenrs it's good "to withdraw, yet in di- 
 frcmpcred times it's neceffary to meeet, and g:iin 1 right un- 
 derftanding of all parties i and therefore the(c times were fo 
 happy as to bind themfelves by publick kOis cf State to re- 
 continue the Alfembling of ParliaraentF. For the face of the 
 Times reprefented unto all, that Apjtations were like to be 
 quick, violent, and to continue for fome fuccelljon of Time ; 
 It's therefore fafe, if not neceffary, that every eye fhould be 
 open, and Counfels ready for every Occafion. A Law at 
 length is agreed upow^xh^t AVarliament ^oaH be holden once ^ ■^'^'^^t'^^' 
 every year ^nrmore if need be. But in thirty years the power 
 of this Law is waded out of mind, and the evil reviving, re- 
 vives alfo the Statute, and yet they had thirteen or fourteen 3^-^- 3'<;-^<'* 
 Parliaments in thirty years fpace, and not above three , or but 
 once four years dirtance of time between any two of them in 
 Succellion. This, was the fence of the Members of the Houfes 
 in their meeting, but at home, they had comely conceits •, and 
 it's found no lefs difficult to bring them to the meeting , than 
 to continue the meeting according to the Law ^ being either 
 loath to adventure their thoughts into the troublefome affairs 
 of the publick, or their perfons to expence and hazard : But 
 the publick muft be ferved, and therefore an Ad of Parliament 
 is made, Ihat all fuch Members as decline their appearance at the ^^^ ^ c 
 Parliament^ after Summenj made ^ JhaH be amerced^ and the 
 Sheriffs Itketvife that jhall negleci return of Summons : And the 
 Statute imply eth that it was no introdudion of a new Law 
 but a reviving of former Law now or lately difufed, or a Cu- 
 ftom now out of Curtom. And to take away all Objedion in 
 point of charges and expences, another Law was made to elia- 
 blifli the affeffments, and levying of their Wages, upon the 
 Landsthatanciently were chargeable therewith', in whofe ^ " ^''^^' ^' '^' 
 hands foe ver the fame (hall come. ^'' 
 
 Ifliallconcludcwiththis, that the Parliament , though 
 Jike a Garment, it fometimes covers the goodly feature and 
 proportion of a well compofed body , yet it keeps the 
 fame warm, and as a Shield is ^rft in all dangers, and meets 
 
 O with 
 
25 The Govern- 5 Edw. 5. -i Kings of 
 
 went of C Rich. 2. 5 England, 
 
 with many a knock which the body feels not : This is their 
 work and reward i It's true, that in the wearing it is felt heavy, 
 but it is the eafier born, if it be duly confidered, that it is better 
 to be fo cloathed, than to be naked. 
 
 CHAP. III. 
 
 of the Priv) Council^ and Condition of the Lords, 
 
 THe latter muft make way for the former, for according 
 to their perfonal efteemin their own Countreys, fuch is 
 their Authority at the Board in joynt Councils ; And it was 
 one point of happinefs in a fad time of War , that all men 
 looked one way. The Lords were much addided to the Field 
 and could do much with Edward the Third, who was a brave 
 Leader, and more with the people, who had been fo longtime 
 ufed to the rough Trade of Soldiery, that they loved not to be 
 at home about matters of Husbandry,whetein they had fo little 
 experience. And having fo fair a Garland in their eye as 
 France, it's no wonder if Domeftick defigns feemed meaner, or 
 more dangerous. Thus did God do England a good Turn, 
 although it was made for the prefent thereby, neither fo rich 
 or populous, as it might have been in a time of peace. This 
 French heat wafted many a tumultuous Spbit,and Ennobled the 
 Fame of the King and Lords, not only abroad, but won them 
 much Honour and Repute of thofe that remained at home i 
 andfo by congregating Homogeneals, and fevering Heteroge- 
 neals,rendred the body of the people more Univocal i which 
 tended much to the fettling of the joynts of this diftraded Na- 
 tion. A timely birth hereof, doubtlefs was the peaceable entry 
 of R/ci^j^r^ the Second, upon the Throne , and quiet fitting 
 there •, whilft as yet he was but a Child , the Princes of the 
 blood many \ and they of Generous, Adive, and daring Spirits; 
 yet do we not meet with a whifper in Story of any turbulent 
 
The govern- j Edw. 3. > Kiftgf of 2 J 
 
 mentof | Rich. 2. 5 England, 
 
 or afpiring humour in them or the people, during thofe ten- 
 derer times of that King's Reign. But after that he came to 
 know more in himfelf than was to be found \ and to out- 
 rear his abilities, having fome of the Lords ready at his el- 
 bow to help him : thefe changed the King's courfe, although 
 the general part of that Noble Band kept ftill their Array j 
 and retaining the body of the people in due compofure, 
 thereby declared thcmfelves to be the King's Friends , though 
 the others were Richard's Favourites, fo as he was fain to ftoop 
 to occafion, and fubmit to be a King, that would have other- 
 wife been more or lefs. And thus the Lords were become 
 Supporters to the Crown, Studdstothe Throne, and a Re- 
 ferve to the people , againft the violent motions of an un- 
 bridled mind in their King i who feeing them fo united, and 
 endeavouring to break them into parties to obtain his defire, 
 loft both it and himfelf. It is a degree of cleanly modefty 
 to impute the mifcarriagcs of unruly Kings , to their Coun- 
 cil ; For however during their minority , Counfellors arc 
 more rightly Officers of State *, yet when Kings will be their 
 own Men, their Counfellors are no other than the breath 
 of the King's own brcaft i and by which a King may be more 
 truly difcerned than any man by his bofom Friends. Ed- 
 w-tr^ the Third, was a man of a publick Spirit , and had a 
 Council fuitable to his aim : "Richard the Second , a Man 
 that defired what him pleafed , would have what he de- 
 fired •, and a Council he had that ferved him in all : for God 
 anfwers thedefiresof Mens hearts in Judgement as well as ia 
 Mercy i and a fore Judgement it is both to King and people, 
 when the corrupt deflres of the King are backed by a flattering 
 Council. 
 
 It muft be granted that the Privy Council of Kings , hath 
 been an old ginn of State , that at a fudden lift could do 
 much to the furthering of the prefent Eftate of publick 
 Affairs: Neverthelefs, through the Riot of Kings, their 
 Defignsgenerally tended to make more work for the Par- 
 liament than to difpatch i to do much, rather than well; 
 like works for fale, rather than for Mafter- piece, and fome- 
 
 G 2 times 
 
28 '^ke govern- J Edw. 3. 1 Kings of 
 
 trnnt of I Rich. 2. f England. 
 
 times to undermine, yea, to out- face the Parliament itfelf,]ike 
 fome unruly fervants that will put away their own Mafters: 
 Nor can it otherwifc beexpeded, unlefs the King's eledted 
 ones be turned into the Parliaments Committee i or that con- 
 ftant annual Inquifition by Parliament be made into their 
 Anions: for occafional inquiries breed ill blood, though no 
 attainder be, nor are they eafily undertaken; whereas conflan- 
 cy in fuch Cafes makes the word to be refolved but into a 
 matter of common courfe. ,' 
 
 The natural and original power of the Privy Council^ 
 is very obfcure , becaufe there are feveral Degrees of them 
 that occafionally have been ufed , all of whom may deferve 
 the name of Privy Council , in regard of the Parliament, 
 which is the moft publick Council of all the reft, and al- 
 ways hath a general intereft in all Caufes in the King- 
 dom. 
 
 The firft of thefe , is that which was called , 'the Grand 
 Council of the King , which as I think , was not the Houfe 
 of Lords, who are called by Summons , and were only to at- 
 tend during the Parliament s but a body made up of them , 
 and other wife men of his own retinue : and of this it feems 
 there wasaconftant body framed, that were fworn to that 
 16 E. 3. fervicei for fome in thefe times were fworn 'both of the 
 2Wcwfe. 5.»» Grand Council, and the Privy Council, and fo cntred upon 
 VorJ. Record. 
 
 The fccond of thefe Councils wasalfo a great Council, and 
 probably greater than the other i but this was called only up- 
 on occafion, and confilicd of all forts, like a Parliament, yet 
 was none : An example whereof we have in the Ordinances 
 concerning the Staple, which at the tirfl were made by the 
 King, Prelates, Dukes, Earls, Lords, and great Men of the 
 Kingdom, one out of every County, City and Eurrough, call- 
 ed together for that end ■-, their refults were but as in point 
 27 r.^.Stat.i of trial for fix months fpace, and then were turned into Sta- 
 1 8 E. 5. f. 15. tute-Law by the Parliament. Thefe two are Magna. Concilia^ 
 yet without power, further than as for advice i becaufe they 
 hadnoancient foundation J nor conftant continuance. Ano- 
 ther 
 
The govern- j Edw.3. ^ Kifigs of 29 
 
 ment cf I Rich 2. 5' England. 
 
 ther Council remaintth more private than the other, of more 
 continual ufc^ though not fo legally founded, and this is called 
 the King's Privy Council, not taking up a whole Houfc, but 
 only a Chamber, or a Table, iignifying rather comnuinication 
 of Advice, than power of Judicature, which more properly is 
 in Banco: And yet the power of this grew as virile and Royal, 
 as it would acknowledge no Peer but the Parliament, and u- 
 furped thereprefcntativeof it, as that had been of the whole 
 Kingdom. The ambition thereof hath ever been great , and 
 in this moll notorioufly evident, that as it had fwallowed up 
 the grand Council of Lords, it fcldom can endure the mention 
 of a Parliament, but when Kings or Affairs are too rugged for 
 their own touch. The platform of their power you may be- 
 hold in this their Oath. 
 
 1. That well and lawfully they fl)ciU counfel the King 
 according to t heir beji care and power ^ and keep wcl/^^^'^ ' 
 and lawfully his Counfels. ' 
 
 2. That none oj them ffjall accufe each other ^ of any 
 thing which he had fpol^en in Council. 
 
 9. And that their lawful Power^ Aid^ and Counfel., 
 they fl)ill with their utmofi diligence apply to the Kings 
 Rights, 
 
 4. And the Crown , to guard^ and maintain^ f>ivCy 
 and to keep off from ity where they can wiihont doing 
 wrong. 
 
 5. And where they JJjall know of the things belonging 
 to the Crown, or the Rights of the King, to he concealed^ 
 iutruded upon, orfubjira&ed^ they fijall reveal the fame 
 to the King. 
 
 6. And they fhall enlarge the Crown, fo far as law- 
 fully they may, and fid all not accounfdthe King in de- 
 
 creafmg the Rights of the Crown /fo fn as they law- 
 fully may, 
 
 7. And 
 
50 Thegovexn- J Edw. 5. i Kings of 
 
 ment of I Rich. 2. 5 England* 
 
 7. And they fiall let for no hUn(ndther for love, nor 
 hate^ nor for peace^ nor Jirife^ to do their utmoJi(af far 
 as they can^ or dotjnderjiandj unto every man in every 
 Ejiate^ Right ^ and Reajon^ andinjudgement^ and doing 
 Right pall fpare none^neither for Riches nor Poverty^ 
 
 8. And ft) all take of no Man without the King's 
 leave^ unlefs meat or drink^ in their Journey, 
 
 9. And if they be bound by Oath formerly taken^fo as 
 they cannot perform this without breaking thaf^ they ftj all 
 inform the King^ and hereafter ftjall take nofuch Oaths 
 without the Kings confent firji had. 
 
 All which in a (horter fum, founds in effed, that they muft 
 be faithful Counfellors to the King's Perfon, and alfo to his 
 Crown i not to decreafe the true Rights, but to enlarge them, 
 yet all muft be done lawfully. And Secondly, that they (hall 
 do right in Judgement to take no Fees, nor any other Oath in 
 prejudice of this. 
 
 The firft of thefe concern the publick only at a diftance, and 
 yet the point of encreafing and diminifhing of the Crown in the 
 lixthSedion is captious, and may found as if there is a Legal 
 enlarging of the Crown, whereof he that takes the Oath is to 
 judge. A matter which only and properly concerns the Par- 
 liament to order and determine, or clfe farewel all liberty of 
 the people of England. 
 * The fecond concerneth immediately the King in his poli- 
 
 tick capacity , but trcncheth upon all Laws of the King- 
 dom, in the executive power > and all the motions in the 
 whole Kingdom, either of Peace or War , following in the 
 P\ear, either immediately, or mediately, are under this notion 
 interelkd into the tranfadion of the Privy-Council, to de- 
 bate and determine the King's Judgement therein, unlefs 
 it will determine alone. And howeallea thingit is for fuch 
 as have power of determining the Adion by the Law , to flip 
 into the determining of a Law upon the Adion , and fo to 
 
 rule 
 
Tht Govern- C Edw. 5. ? Kings of 
 mefit of 5 Rich. 2. 5 England. 
 
 rule by Proclamations experience taught fucceeding times 
 fufficiently : Neverthelcfs, thcfe limes wherein Parliaments 
 were every moment upon the wing, and kept this Noble Band 
 in awe, by taking them into their Cognifance , placing 
 and difplacing feme or all of them , direding and binding 
 them bvOath, as they faw occafion , of which the Records 
 are full and plentiful. I fay , thefe times thus conliituted 
 added yet further encouragement to them, by giving them 
 powers by Statute- Law, over and beyond what by ancient 
 Cuftom they had obtained. The King, and Council of 
 Lords had anciently a power of Jurifdidion, that hath been in 
 the firfl part of this difcourfe already obferved i yet it's very 
 probable, that it was not any feledt company of Lords , but 
 the whole AlTociation i for it's granted by all, that they had 
 originally a principal hand in the Jurifdidion : And it's hard 
 to conceive how any private number Ihould catch fuch a 
 power, if not by ufujrpation. But the manner of acquiring, 
 is Icfs material i the principal confideration refteth upon 
 the quality of this Jurifdiclion. For it is evident that much 
 difference hath been , both concerning the place and manner 
 of exerciling this Authority. In general, It muft be granted, 
 that all pleas, Coram Kf^f, were grounded upon Writs firfl: 
 purchafcd, and returnable, either in Banco , or in Camera^ or 
 m Cancellaria. And no difference at all will be concerning ^^-'^'■^^•^* 
 the jurifdidlion in Banco, for that was by the Courfe of the 
 Common-Law i and the people held it one of their liberties 
 to have one known courfe of Law, for determining matters 
 of right and wrong. As touching thefe picas, which were 
 holdcn by Writs returnable in Camera^ they were properly 
 faid to be Coram Rege & Concilio^ whofe meeting was in the 
 Council-Chamber, in thofe days called the Star- Chamber. 4' ■£". % 
 For other returns of Writs in the Star-Chamber do not we ^'^^- ^^^"f- 
 find, but fuch as were in Camera , nor prohibitions from 
 thence, but under the notion of the King's CounciU and ^q/^'f'' 
 this Camera^ as I faid , was the place of the joynt meeting oiYnDorf **" 
 the Council, as well of thofe of the Chancery and Benches, 
 as of thofe that attended upon matters of State. Now the 
 
 influeiicc 
 
32 The Cover ft' C Edw.3. o Kings of 
 
 ment of \ Rich. 2. J England. 
 
 ^——^—^—^——11—— Mil I ■ ■ I. I ■■.! , ■ » ..■ — ■I. --■' ■ — ■ " — 
 
 influence of Society in point of Judicature, principally afpedt- 
 ed upon fome pleas' belonging to the Crown; although 
 even thefc alfo properly were determinable in the King's 
 Bench ■■> nor can I obferve any rule to bound the powers of 
 thefe two Judicatories i but this, that the Council-Table 
 would pick and chufe, and prohibit the King's- Bench as they 
 pleafcd ; and to that end would order Originals out of the 
 Chancery , as they thought moil; meet : for it is obfcrved 
 J. y ^ by Tleta^ that the King's Bench hath no jurifdiftion of it 
 cjP.'a'"' ^clf, but by fpccial Warrant , that is to fay , by Original 
 '^ " Writs returned thither: Neverthelefs , it may feem that 
 
 fuch Crimes as are contrary to common honefty, or the pub- 
 lick profit or peace, in a more exemplary way than ordina- 
 ry i and therefore may be called, Crimina Ufi Eegni , or a- 
 gainft the State: Thefe, 1 fay, might more properly belong 
 to the fublimc Judicature of the Council-Tables as knowing 
 better how far the publick State was interefted , or enda- 
 maged in fuch Cafes, than the other Judges that were experi- 
 enced only in ordinary matters of a more private concern- 
 ment. 
 
 To recite the particular Cafes upon record , concerning 
 3821. 3. %i. racing of Records, Forgeries, and other crimes of falfhood, 
 Fat. ?/. I. confpiracies, combinations , to abate and level the prices of 
 '^^'Z^'^l'r Commodities, Riots, and fuch like , will be fuperfluous. In 
 3ji.3. Ji-g]^ ^yhich and others of that Cognifance , tlie Sentence ex- 
 .iz\f^. ceeded not Fine, and Imprifonment, or Ranfom i Neither yet 
 
 iiof 'cfjuf. were the Comti^on- pleas fo rural, but the Council-Table could 
 Jlfcr>u\?..hi relifli them alfo, and digeft them well enough, and therefore 
 Dhrf. did not ftick to prohibit the Courts of Common-Law, under 
 
 iR'.ch.i. colour of a ftrange maxim. Ihatit is neither jftji mr honeji 
 Hot. Vat.PJ.i. j-^^ ^ ^j^^ ^^ ^^ y^^^ ^^ ^jjp CommoK'Latv , for a matter depend* 
 izKtcj.i. irfn before the KJnz and his CcuHcil: No, though the Court 
 cli/T. f*/. 38. ^^ Common-Law had the precedency i and therefore al- 
 ^ ' ' though the right of Tyths being depending at the Com- 
 Coltifut.^.c.s tnon-Law, the Arch-Bifliop in oppofition to the Jurifdidi- 
 2z ^JJlpl.ys on,iueth before the King's Council, and the proceedings 
 £t the Law arc theieby Aayed •> and no wonder , for the 
 
 Council 
 
' I 
 
 The Govern- r Edw. 5. ^ Kings of §5 
 
 ment of \ Rich. 2. \ England, 
 
 • 
 Council-Table challenged to hold the ballancc of all Courts 
 
 of Law within their OWE Order : and fo if any doubt con- 
 cerning the Jurifdidlion depended, the Council-Tablc gave '3 ^^'f*^ ». u. 
 the word, and all ftooped thereto: But enough of the Sub- ^'' -P*""^^'**- 
 jed matter, the manner follows > a new form of Proccfs is ^' 
 taken up, that the Common Law and ancient Cuftom never 
 knew, and which grew fo noifora to the people, that com- 
 plaints are made thereof as of common grievance , and reme- 
 dies are thereto applyed by the Laws of thcfe times. Tot '> ^>^'P-9' 
 whereas by the Grand Charter nothing could be done in 
 Judgement, but according to the Laws of the Land, and in 
 affirmance thereof, a Law was made in thefe times, that no 
 Accufation, nor Attachment, nor forejudging of Life ot 
 Member, nor feifurc of Lands, Tenements, Goods or Chattels 
 (liould be againfi the form of the Grand Charter, and Law 
 of the Land: thecourfeof affairs grew fo ftale, that amongft 
 other innovations, a trick of anew kind of Trial is brought 
 forth, by fuggeftions upon Articles exhibited againft any 
 mai) before the Council- Table j and thereupon ifTucd forth 
 Attacliments againlt the party complained of, by means 
 whereof, and other courfes f for they could alfo fcqucfier) 
 much vexation arofe unto the people. Hereunto upon com- 
 plaints multiplyed , a remedial Law is made j whereby it is 
 Enaded, that all fuch fuggertsmade , (hall be carried to the ?7 ^- 3 c i'. 
 ChanceUour,Trearurer , and the King's Grand Council i and 
 the Informer fliall find furety to profecutc with cfFcd: and 
 (o incurr the like penalty intended for the Defendant , if 
 the Plaintiff's proofs be not complete i and then the Pro- 
 cefs of Law fhall ilTue forth , and the Defendant fliall not 
 betaken againft the form of the Great Charter i that is, he • 
 fliall not betaken , until firft the fault appear upon Record, 1. £:> C4 < 
 by Prefentment , or by due Proce fs , or by original Writ, ac-.4i f^s.c 3/i 
 cording to the Ancient Law of the Kingdom: Either there- •4- 
 fore the Privy Counc'l iiad no power to hold any picas at 
 all, or elfeno power of Trial; Thefirft of thcfe was con- * ^'"''^- ^" ^'• 
 eluded in open Parliament, and the fecord, as good as fo : for 
 if thefirft, then the fecond will come on undeniably. But 
 
 H fup. 
 
34 The Govern. C. Edvy. 5.^ i /^i^^ of 
 
 fuppofeall this be given up, yet was this Lifeerty to hold 
 pleas fo qualified, that the p^rfon could not be touched, till the 
 thing did appear by Inquintion,and then in a legal way ; fuch 
 I-ahian.Vit proceeding was had upon fuggertion made againft:the City of 
 Hot. 5 . ^dnn. Loudon^ in tiemy the Third's tftnei for one of the Judges was 
 iMi. fiift'fentitito'the City fofi,nd'thefuggefHon by a Jury,: and 
 
 then the Lord Mayor appeared before the Lords, and travcrfcd 
 the matter, and in a manner appealed, or rather demanded to 
 be tryed, according to the cut] om of the City. And the like 
 •43.t><(^i^/.3?.courfedo w^ tjrtd obftrycd in- our Law-Reports oF thefe times, 
 in a Cafe concerning the price of W69I , by a fa He Report. 
 The foot of the whole account will be this. That the work 
 of Judicature of the Privy Council in thefe times in Cafes of 
 Crimes, was to receive Articles, and award Inquititions , and 
 after retLim' in nature of a Grand Inqueft,to recover,Traverfe, 
 andfoorder Trial at the Common Lawi ahd"u|)on"Verdi(a 
 AfTp] g reX'urned, to Fine and Ranfom.' In other- Cafes either of 
 ^^y^JJ r -3 p^jgf^t of Equity 'in matters of private property^ tHey weri de- 
 termined, either by Judges of the Bench,or Chancery, although 
 pollibly the fuit was Coram Concilio^ for that all the faid'JidgeS 
 t\^ere -of <the King's Council ; And yeV, as I dare Jhot •affirii^, 
 fol can?iot deny, But it might alfo bd ^offiblt thaf fome 'mat- 
 ters, efpccially thbfe'or a greater confet^uencie , either in their 
 own nature,'or in regard of the perfons whom they concerned, 
 were determined by the major Vote of the whole Council, in 
 i prudential, or rather arbitrary way; 'But this vfd^s^lmita 
 M/«frj]?;and ufed fo rarely, is the path ls^gfowri''out of view?, 
 faving fome few footfteps' here and there- refmaimng^ which dhew 
 that the Grand Council of Lords had been there. ''■■'"] 
 
 
 
 QBhVs 
 
Tkegoferfir -^ Ed ^.3. |^ Kingt of 35 
 
 miktof- -x ■ 'Ric^. 2. 5' England, 
 
 CHAP. IV. 
 
 Of the Chancery, 
 
 IT is the birth of the King's power in Judicature, and may 
 dcferve the name of the firft- born. For though it had no 
 bettct Tide in thefe later times, than Officium\ becaufeamongft Mkor. c^p. 4. 
 other of the King's Efcjripts, it formed Writs remedial for fuch JcS.2. 
 as had received wrong i yet even by that work, it was in repute ^'^<:f'^> lib. 2, 
 for fo much skill in the Latv of the Land i that by the confent ^•'/'- ^5* 
 of all, it was as well able to advife a remedy, as to advife the 
 Complainants where to have it : and yet it had one advantage 
 further, that it was. an Office of remembrance to the King, who 
 is a perfon of great Trurt in the Law, and gave fuch credit to 
 all Ads done before him,as being entred into the remembrance, 
 became of the higheft nature of Record , againft which no 
 plea did lie. Amongft thefe, matters of debt and contra(ft 
 <oming into the account, this Office takmg notice of the Re- 
 jcord, took cognifance of the thing, and for the executing there- 
 .of: and thus in thefe, and fuch like Cafes, granted Judicial 
 Writs, and fo found out a way of Judicatnre, to as many Cau- _ ,., 
 fes as the State would truft it with ; and becaufeit pretended ^^'^^'^' 'J*c^ ^ 
 Cognifance only of matters of Record before them, they found '^^^■/-' ^'' * ' 
 cutaway of eJiamining of witneffesby Commilfion ,and re- 
 turning- theii Depofitions iii writings which being become ti . 
 Record before th^m , they gav*e their fehrence upon the' wiiole 
 matter, without the ancient ordinary Trial, Pfr pares: It be- 
 comes a kind of peculiar , exempting it felf from the ordi- 
 nary courfe in minncrof Trial, and from the ordinary rule^ 
 of ; La Wvingivingjcf Sentence^ and as a back doot for the 
 lying's Arbitry ,. iricaXb of Judicaturp in matters of Com- 
 ipoA p.te, as the;! doiincil- Table was- 1 in Crown-pleas , 
 they both are looked upon with" a very pkafing eye of 
 Majefty,' which loves not to be ftrait laced i yet air is 
 -c^^Ti^>attelled. under the.colours of Equity , ^Honour, Cocve- 
 TCi^jicy , and Cdnfcience i like'a IvlonotpQly- that is bred 
 i:)<>j' H 2 under 
 
3j5 T^ke govern- J Edw. 3, r Kings of 
 
 ment of \ Rich. 3. y England* 
 
 under the wings of the publick , but feeds it felf upon 
 it. 
 
 That this had attained the Title of a. Court fo anciently, aj 
 in King 5/f^f»'s time (as the Honourable Reporter noteth) I 
 jttjfit.^. c. 8. niuch queftion, by the Title that Fleta gives it in later times, 
 j'al. 78. nor under his favour, will that Teftimony cited opt of the Hi- 
 
 Aory of Ely warrant it, but upon a miftaken ground of mifpla- 
 cing the note of diftin(^ion; for I take the words to be thus 
 Uz.r\ii^Xt^ ^ Kin^'E.thcXdiXtd determined, and granted^ that thi 
 Church of Ely (hould for ever in the Kiftg^s Court hold the 
 dignity of the Chancery , and not hold the dignity of the Kin^s 
 Court of Chancery : Neverthelefs, it's clear that thcfe times 
 brought it to that condition that it might well carry that name, 
 if formerly it had not ; For it grew very faft both in honour 
 and power, and this not by ufurpation, ^though it did exceed J 
 but by exprefs donation from the Parliament. Yet is this 
 power much darkned in^ the limits and extent thereof, chiefly 
 in regard that the Chancellour is betrufted with many things, 
 whereof there is no evidence for the Chancery to claim any 
 cognifance. For he was in thefe times a perfon of many intc- 
 lelts and relations , being one. of the ^oram^ in the Star- 
 Chamber, of the King's Council , chief in the Chancery, moft 
 commonly. a Clergy-man, and therewith Legate a Latere^ and 
 in thefe feveral Relations might ad diredlly, and yet in feveral 
 Courts. And therefore, though he had power with others, to 
 . _ punifh negledfs of Execution of- the Statutes of Wines, by KOi 
 
 ^E \cap x' of Parliament, and alfo of the Statute concerning Visual, and 
 14 £,7 cap.f. to determine matters of controverfie between parties in Cafes 
 depending before the Parliament, and in feme ntiatters that con- 
 cern the King's Revenue » yet cannot thefe be faid to be the 
 proper work belonging to the cognifance of the Chancery, but 
 to the Chancellour by fpecial Commiffion in another Relation; 
 Albeit, I cannot deny but the Court it felf had cognifance in 
 17 ^' I' c"^^^ matters of as ftrange a nature , Viz< To punifti difturbanccs of 
 ^sE-i c.$. jvjerchants in their Trade, to fee to the executing of the Statutes 
 ''*/, *3- of Purveyors, an^ ta remedy grievances contrary to othei 
 
 Statutes (which general words let in a wild liberty^ to (h»t 
 
 Court 
 
The govern' j Edw.g. ^ Kings of 37 
 
 ment of 7 Rich. 2. f England, 
 
 Court to intermeddle in Laws which were never intended for 
 their touch J, to puniih Nufances according to difcretion , to 
 giveremedy to Merchants upon the Statute of Staplej fo that 'i Ricb.i.e.it 
 it's clear enough the Parliament intended it fhould be a Court, ^7 £ 3. c. 14 . 
 and gave their Seal to their power of Judicature. Nor as it 
 feemeth, was this any regret to the Courts of Common Law, 
 butas a thing taken for granted. For the Reports tell us, that 
 if ilie King grants Tythes, ariting from without the bounds of 
 any Parifh, the Patentee fliall fue in the Chancery by Scire Fa- 
 ciai^ and (hall there proceed to ifTuc or demurrer, and then to 
 the Common Law » where upon Trial, if the Defendant. m ake ^j^/} pj j_ 
 default, the Plaintiff fliall have Judgement , and Execution. 
 And if the Heir be in Ward to the King , the Mother (hall fue Bro.fcire [a9. 
 and recover her Dower in the Chancery. And they tell us, 1^4. 
 that it had power to prohibit Spiritual Courts, and Courts of 24-E-3.7J. 
 Common Law., yea, Co over- rule or rcverfe Judgements : and 
 yet the Common-Law held it's ground when it was concern- 
 ed : for neither were all fuits there by Bill, as in cafes of Equi- 
 ty, nor determined according to fuch rules, nor did the power 43 ,^j[f.pl.;% 
 of Judicature refl in the breaft of one Chancellour, but in 14 £.3^f^•5S'. 
 him joyntly with other. Council of the King, which were 39 ^- 3 •/<'*+. 
 alfo learned Judges of the Law. For the Pveport informeth ^^ £.3->-47, 
 that E^m^w^ the Second, had granted a Rent in Tail to the 
 Earl of Kent^ who dying, his Son under Age, and Ward to 
 the King, Edward the Third, feifed, amonglt other Lands, the 
 Rent, and granted it to Sir Jahn Molins : Upon Petition , the 
 King refers the matter to the Arch*Bi(hop , and others of the 
 Council, calling to them the Chancellor : A Scire Facias 
 gpes forth to Sir John Molins •, he upon appearance , pleaded 
 to the jurifdidion , as a cafe belonging to the Common-Law i 
 but it would not be allowed, becaufe it was to repeal the King's ' 
 
 Charter. < 
 
 r 
 
 ■ And whereas, it was objeded, that the reference was to the 
 Arch- Bi(hop, and others, and therefore the caufe. ought notr 
 to be determined in the Chancery i it was refolved that it did 
 pppcrly belong to the Chaacery , by the L^w.; And in the 
 
 argument «: 
 
A ■ ■ ■- - - 
 
 Argument of the cafe, it appears clearly ' th'kt the Ring's 
 43'^,(rf''5f Council there, were learned in the Law, And the feme is yet 
 .inoreevidentby the Title of Bills in thofe days exhibited in 
 the Chancery i which 'was dlredkd to/ the <Zhaiitcl'loT ;.and 
 the King's Council, and the riile given, P^" iouf Xes. JtijUtei •, 
 which I rather note for the fliortnefs of the form of Bills 
 in thofedays, far different from thefe times, wherein the 
 fubftance of the complaint, however fmall in it felf, is often- 
 times blown Otrt into fo great a buhrble , that if (jreaks to 
 nothiiTg : Artd 'tlV^ Statutes fofmctly . mentioned do a'ft^rt 
 the fame thing ^ as touchiVig the Ring'^ CounciL For though 
 they fpeak of the Council or Chkncery m^-the Englifh 
 Tongue, yet in the Original the Words iXf^^ConceU en 
 Chancery. '• ■■- . . • i .- .'- • i ;. . . ■ ^ 
 
 Having thus touched' upoij 'i\^t- tefflek^ ' liirfdt/ tTic Judi- 
 catory 0^ the ChanceVy , "arid' Ju3ge^ ih theXaitie : in the next 
 place, ihci¥'iariner-Gf proceed-ifigs tomes to conlideration. yor 
 it fcems they had been formerly very fnegular,-aTid that con- 
 trary to the grand Charter ; upon a bare fuggcflion' in the 
 Chancery, theparfy conriplainedof was fmprrfonetl, and no 
 proceedings made thereupon :''f(3r rprotdy 'vy^eifeof, it' ^Vas 
 ordained, that upon fuggeftlons fo: made,- th^ complainant 
 was to Hnd Sureties to purfue the fuggeftions , and that the 
 proceis of Law (hould ilTue forth againft the party without 
 imprifotirng him, and that if the ft^eftions were hot proved 
 true, the complainant fliould incu'ff the like penalty that the 
 . Defendant' fiiould, haVe done; in -ckfe hie had beeih found 
 3 7 £. 3 . c. 1 7.. guilty : but-aftcf Wards this latteir claufe Was altered by ano- 
 ther Statute , becaufe it was full of uncertainty s and it was 
 _ ^ ordained, that in fuch cafe the Complainant fliall be impri- 
 
 ^ ' 3 • ^- ^* ftmed, uritil he Ml faiis^e the • Defendant of his damages ; 
 And furthermore, (hall make Fine and Ranfom to tire 'King. 
 But becaufe that the Defendant many times held hi? advan- 
 _. , tage-, even to Extremity' v tJiis couffelafted rrot long, but a 
 
 17 ji^c . 2. c. ^^^ ^^^ ^^g madjE J "which put the power, of awarding da- 
 mages in fuch cafe^ rnto the Chancej.lour, to do according to 
 hisdifcretiOn ; Artd^hulsthe'-Ch^ifcery ol)tained power to 
 
 award 
 
Tht Cover ft' C Edw. 2. ? ^'^,g^ ^/ 39 
 
 ^ifit Qt 2,- Rich. 2V 5 ^ff^t^f^d- 
 
 award damages which they never had forinerly, and the 
 Chancellor, a Precedency both in the Charicery , and of the '^^.^^^/.^z. 
 Council in the Court of Star-Cbamber, and in, many ca- 
 (esin the Exchequer : by tjie firfl: he had a ,pbvver in matters^ 
 of t^eum ^nd fnttm -, by the Uft rn mit\e'r$'/Mfi and Rm/ i and, 
 by the other in m'artetk Mf / ari'd Kegni. A confid^eraole ' rhan 
 ctrtainly ht was in the motions of' Government •, but hoW' 
 much more if he bt made Arch-"BinK"^pof Canterbury^ Cardi- 
 nal, ancjl Lc^ditQ^ Latete. 2 or Aireh-Rilhop , .llo^cj Treafurer, 
 and L' e^^ate' a'^afetPy is," tH^f<^' days^haddjVeri times' (e'en. "E'x^', 
 trao^lriary'a'd'vafftetjAefit^ Hcftbwed'upoiVtlie^QBiJity , Krings 
 Hono'Ur^to th^ Throne^ biit if they be not men ' of 'noted 
 worth , and uprightnefi, tliey make the Scepter fioop, by ftirr- 
 ing up of envy in the Nobility, and indignation from the peo- 
 ple. For feldom is it fccn, that Advancements are fed from 
 the. Crown,, tJiougli iliey be bttd froin thencci but .either, 
 maintained by new fupplics from the peoples purfcs , or the 
 ruine or decay of fome Officers raoie ancient thanthemfelves, 
 or both ; And fuch was the condition of the Chancellour, 
 he fucked fatfrotTi.^^n^;jtl">7 2<q.dibl.P.c4 and Spirits from the 
 Grand chief Juliiciar of E?;^/jW, and fo reduced that Ho- 
 noLtuabfe Pqtenraie,,untQ-tbe Degree, of Ckief Juftice of the 
 Kipg s Bench, lea,vmg fca^rpely unto him the name or Title oi 
 Lord.. Oqe'thiog more r'(?majneth, touching the ek(flion, or 
 nomi^atic^n'of. this Great' i^ah," ,' At ^lie Hrri, he' was no better 
 tbaijia I}e2i(\crj'Qr'.^^^i<^' l^P.gj's remembrancer ; ^r .Secretary, 
 hav»ng.al{o't))e;l|lpnej^r,tpp3Vfile tvhe'^ine fn fuch .'ihatters' a5J 
 came ,wi,thih tWt^^irf ijiit-oi_-tJi^^^ jn' Tils" cqftod.y'i and 
 
 queftio,nlefsVEy?(/5//^i'it''s rui.table.|tQ 3,11.' the rcaton' in the 
 World, tiia't hp CKoul^ be 6(- the.Kipg's foje 'Nomination ' and 
 Elec^ipn; ,But;yvbqn if bef^Us^'thatin.fl'eald of^^dyiflng the 
 King_,hi^ w^Q^T^'is ta%n, t^'b^ tlie riire^'a^ijKJ.a J^ijJJic.atfDirY povv.ef : 
 put upon th^t, ;,', a^d up t,Q. Ms-j^ feto^^ed xjxit honourable 
 Trui4 of kceping^and goverpin^tfie.G're^t Seat'ortjie King- 
 dom, with thepontinual grp\ying power occafionally conferred - 
 upon him by the Parliament : 'He is r^bw become no more the 
 King'^ Remenibrancer,,b\iy;lieJU6rd Cha^^^^ of Engl and. 
 
40 The Govern- C Edw.3. n KitJgs of 
 
 ment of 1 Rich. a. 3 England, 
 
 and Supreme Officer of State. And it feems but reafonable 
 
 that he Oiould hold his place by publick Eledion, as well as 
 
 the Grand jufticiar ("whofe Plumes he borrowed ) and other 
 
 Grand Officers of State did before him. For he that will 
 
 have his Servant to work for another, muft give the other that 
 
 Honour of Eleding him thereto > nor was this laid afide nor 
 
 forgotten by thefe times, but a claim was put in for the Eledi- 
 
 on or allowance of this principal Officer amorgft others, the 
 
 J jp „ jQ Parliament obtaining a judgement in the cafe by the King's 
 
 , J. Confeflion, and fo the thing is left to the judgement of future 
 
 xf E.^.cjp.'^. Ages, Fi«. Whether aKingihatcandono Man mrong^ can dif- 
 
 10 '^cb, z, «. femble the Royal Ajfent in Parliament^ or declare hiwfelf legally 
 
 1 6, lo, jft ffjat manner by froclamation? 
 
 CHAP. V. 
 
 of Admirals Courtis 
 
 npHis is a third Coutt that maintained the King's Judica- 
 tory power, in a different way from that which is com- 
 monly called the Common-Law, and by many is therefore 
 fuppofed , to advance the King's Prerogative , but upon 
 miftaken grounds : It is very true, that the way is diffe- 
 rent from the common road , both In it's otiginal , and hi 
 the courfc of proceedings i nor could it other be, confider- 
 ing the condition of the Nations , and the people of the 
 fame,interefted in common traffick. The people thus in- 
 terefted , as much differed from the other fort of dry men 
 (if they maybefo calledJasSea from Land, and are in nature 
 but as march-men of feveral Nations , that muft concenter 
 in fome third way for the maintenance of commerce for 
 peace fake, and to the end that no Nation may be under 
 any other Law than it's own. The condition of the Nations 
 in the times when civilized government began to fettle a- 
 
 mongfi 
 
The govern- r Edw. 3. ^ Kiftgr of 4! 
 
 mentof i Rich. 2. ^ EfigUnd. 
 
 amongft them, was to be under the Roman Emperours , who 
 having fettled one Law in the general grounds throughout all 
 Nicions, made the Sea likewife to ferve under one rule which 
 (hould float up and down with it, that men might know upon 
 what Terms they held their own, whercfoever they went i and 
 upon what terms to part with it for their beft advantage : in its 
 original therefore, this Law maybe called Imperial, and like- 
 wife in theprocefs, becaufe it was ditedled in one way of trial, 
 and by one Law, which had its firlt birth from the Imperial 
 power i and probably it had not been for the common bcneHt 
 of E?fr(?/)f to have been otherwife, at other time, or by other 
 directories formed. Neverthelefs, this became no Gemm of 
 Prerogative to the EngU(h Crown , for if 'England did com- 
 ply with Foraign Natives for its own benefit, it being an liland 
 full of the Sea, and in the common Road from the moft parts 
 of Europe that border upon the Sea, and of delight in Mer- 
 chandifc, it is but fuitable to it felf ; and it did fo comply, as it 
 faved the main Stake by voluntary entertaining thofc Laws 
 without being impofcd upon by Imperial power; for the Sa* 
 xons came into this Kingdom a free people and fo ; for ought 
 yet appeareth to mej continueth to this day : I fay that in thofe 
 firft times, they did take into the confideration of Parliament 
 the regulating of the flu(fluating motions of Sea-laws : nor were 
 they then, or after, properly impofed by the King's Edidl. For 
 though it were granted, that Richard the Firlt, reduced the Sea- 
 Laws in the Ille of Oleron-, yet that the fame (hould be done 
 without advice of Parliament in his return from the Holy- Land 
 is to me a Riddle, confidcring what Hiftories do hold forth 
 concerning of his return through Germany^ nor can that be 
 good evidence to entitle Kings of England to a power, to 
 make and alter Laws according to their private pkafure and 
 intereft. Nor doth that Record mentioned in the Itf(iitntej^ 
 warrant any fuch matter, but rather on the contrary groundeth l>ijlit 4. tj/;. 
 the complaint upon Laws, Statutes, Franchifes, and Cuftoms, 21- /"'. 14-. 
 Eftablithed, and that this Eftablifhment was by the King and ^ *-f+- 
 
 the Council. 
 
 This 
 
42 The govern- J Edw. 3. 1 Kings of 
 
 ment of t Rich. a. > England, 
 
 This Law was of a double nature according to the 
 Law of the Land, one part concerning the pleas of the 
 Crown, and the other between party and party, for pro- 
 perly the King's Authority in the Admiralty is but an Au- 
 thority of Judicature, according to Laws eftablifhed , which 
 both lor procefs and fentence are different from the Com- 
 mon-Law , as much as the two Elements do differ, yet not 
 different in the power that made them : I fliall leave the 
 particulars to be enquired into, by them that (hall mind it 
 elfewhere, and only touch fo much as (hall refledl upon the 
 main Government. This power was executed by Deputies 
 diverfly, according as the times and opportunities were, for - 
 War or Peace, and either ?r^«/if« ox portu. What was done 
 in time of War, orwhilft this Ship is out of the Lnglifti 
 Seas, comes not to our purpofe, and therefore 1 (hall not 
 meddle with that, further than this, that in the hrft times 
 Kings were wont to divide the work of Judicature , and of 
 War into feveral hands. The power of War and Peace 
 they committed unto men of approved courage and Skill in 
 that fervice , and therefore generally , not to the nien of 
 highefl: rank , who had neither mind nor Skill for a work 
 cf fuch labour , dyet and danger : this power paffed under 
 divers names, fometimes by grant of the cufl:ody of the 
 Sea-coafts, fometimes of the parts and Sea-coafts,fometimes by 
 being made Captain of the Sea- men, and Mariners, and (ome- 
 times Admiral of the Ships. It was a great power, and had 
 been much greater, but that it fuffered a double diminution •» 
 the one in the time, for three or four years commonly made an 
 end of the command of one man, and at the beft it was, quam 
 GloJJ'. f(l.i6- diu Kfgi /'/^cw^r/f i the Other diminution was in circuit of 
 the power , for all the Maritine coa(^s were not ordinarily 
 under the power of one man , but of many i each having his 
 proper precind upon the South, or North, Eaft, or Wel\ern 
 (hores : and under the Title of Admiral in the times oiKdvoard 
 the Firft, and forwards, who brought that Title from the Ho- 
 ly Land i neverthelefs, about the end of the times, whereof we 
 BQW treat j thecuftody of the whole Sea began to fettle in 
 
 oae 
 
The Govern- c Edw. 5. ^ Kwgi rf 43 
 
 ment of I Rich. 2. ^ Eftgland, 
 
 one hand, under the Title of Admiral of the Englifh Seas, 
 and the place was conferred upon men of the greatcfi rank, 
 and fo continued ever afterward. The power of jurifdidion, 
 or Judicature all this while remained dirtind , and it feems 
 was fettled in part in the power of the Sheriff and Jurticcs. 
 For by the Law the Sheriff and Juftices had cognifince of 
 mattersbetwecn the high- water , and the low- water mark, 
 and what was done, ^M/'fr ahum mare ^ was within the di- 
 redory of the Admiral, thcfe were but few things, and of 
 fmall confiderablencfs : the principal of them being con- 
 cerning War or peace, and thofe only within the Englifli 
 Seas. But after Edivard the Third had beaten both the 
 French and Spaniard sat Sea, the people grew much more 
 towards the Sea , and became fo famous , that the greatell; 
 Lords thought the Regiment of Sea- affairs worthy of the 
 belt of their Rank , and were willing with the Title of Admi- 
 ral, whillt they left the work to others > and fo the Ad- 
 miral became a perfcn of more honour and lefs work, than he 
 had been formerly. The greatnefs of the honour of this 
 place thus growing , foon alfo began to conrradt greatnefs 
 of power beyond what it had formerly ^ and tliis vvas prin- 
 cipally in matter of Jurifdidion. For not contented with the 
 power of a chief JuUiceof War and Peace within the Seas, 
 which was his proper dominion : the Lord Admiral gained 
 the fame within the low-water mark, and in the main ^ , 
 fireams below the next Bridge to the Sea, and in all places ^^^^^'"'^^^^'^j J* 
 where Ridels were fct i and yet thefe places were with- j^/^„,c'^; a.' 
 in the body of the County, Nor did he endeavour lefs 8 Z.j.Corofiff. 
 to gain in matters of diflributive Juftice , for although he 199. 
 had a legal Jurifdidion in things done upon theopen Sea, fo 
 far as to defend, order, determine, and caufe reflitution 
 to be made , in cafes of damage done unjuftly \ yet was it no 
 lefs difficult to keep this power within its own bounds, 
 than the watry element upon which it floated \ but it made 
 continual waves upon the Franchifc of the Land i and for 
 this caufe, no fooner had thefe great men favoured of the ho- 
 nour and Authority of that dignity , but comes a Statute 
 
 I 2 to 
 
44 
 
 TheGovern^ ^ Edw. 3. 7 Kings of 
 went of 5 Rich. 2. 3 ErjgUnd, 
 
 to reftrain their Authority in the Cognifance of Cafes only, 
 i^'^tchi.c^ untofuch matreis as are done upon the main Sea , as former- 
 ly was wont to be: and within two years after, that Ad' 
 of Parliament is backed by another Ad to the fame purpofe, 
 ly KiVi&.i.f.y in more full cxprf (lions, laving that for Man-flaughter , the 
 Admirals power extended even to the high water mark, 
 and into the main ftreams. And this kadcth on the next con- 
 fidcration , Viz, What is the fubjcd matter of this Juri(^ 
 didlion, and Authority : I fl-iall not enter into the depth of 
 particulars, but (hall reduce all to the two heads of Peace and . 
 J u ft ice. 
 
 The Lord Admiral is , as I formerly faid, a Juftice of Peace . 
 at Sea , maintaining the Peace by power , and reftoring 
 the peace by fettingan Order unto matters of Difference, as 
 well between Foraigners , as between the Englifl) and Foraign- 
 ersi as may appear by that plea in the fourth Inftitutes tor- 
 
 rnerly m,entioned./-\4/- 
 
 Sccondly, That point of Juftice principally concerneth mat- 
 ters of Contrad, and complaints for breach of Contrad: *, of 
 thcfe the Admiral is the Judge, to determine according to Law. 
 and Cuftom. Now as fubfervient unto both thefe, he hath Au- 
 thority of command over Sea- men, and Ships that belong to 
 the State, and over all Sea* men and Ships in order to the fervice 
 of the State, to arreft and order them for the great voyages of 
 zy Kichici', ^'^^ K''"g ^""^ f^*^ Realm, and during the faid voyage j but this 
 ^ * he cannot do without exprefs Order, becaufe the determining of 
 a voyage Royal, is not wholly in his power, 
 
 Laftly, the Lord Admiral hath power, not- only over the 
 Seamc n ferving in the Ships of State, but over all other Seamen, 
 J, , to arreft them for the fervice of the State i and if any of them 
 
 ^ jc . i^cA. ^^^^ ^^^y wi-thout leave from the Admiral, or power deputed 
 from him, he hath power by enquiry to make a Record there- 
 of, and certilie the fame to the Sheriffs, Mayors, Bailiffs, &c, 
 who (hiallcaufe them to be apprehended and imprifoned. By 
 all which and divers other Laws, not only the power . of the 
 Admiral is declared, but the original from whence it is deri- 
 ired, namely from the. Legillative power of the Parliament, 
 
 and 
 
 I 
 
Tht Govern- C . Edw. 5. ? Kings of 4$ 
 
 went of 2. Rich. 2» S EngUtid, 
 
 and not from the fingle perfon of the King , or any other 
 Council whatfoever. But enough hath been already faid of 
 thefe Courts of State, in their particular Precinds. One ge- 
 neral intcrefl: befalls them all : that as, they are led by a Law 
 much different from the Courts of Common-Law, fo are they 
 thereby the more endeared to Kings, as being fubfervient to 
 their Prerogative, no lefs than the Common- Law is fo the 
 peoples liberty ; in which condition being looked upon as 
 Corrivals, this principal Maxim of Government will thence 
 arife , That the bounds of thefe feveral Laws are fo to be 
 regarded, that not theleaft gapof intrenchment be laid open 
 each to other, le|ft the Fence once broken, Prerogative or Li- 
 berty (hould become boundlcfs, and bring in confullon inftead 
 of Law, 
 
 CHAP. vr. 
 
 of the Church-mcfjs Ihtereji. 
 
 But the Church- mens infcreft was yet more Tart, (landing 
 in need of no lefs allay, than that of the King's Autho- 
 rity i for that the King is no lefs concerned therein , than 
 the people", and the rather, becaufe it was now grown to 
 that pitch, that it is become the Darling of Kings > and con- 
 tinually henceforth courted by them i either to gain them 
 from the Papal Jurifdidion , to be more engaged to the 
 Crcwn, or by their means to gain the Papal Jurifdidion, 
 tO' be more favourable and complying with the Prerogative 
 Royal. The former times were tumultuous , and the Pope 
 is gained to joyn with the Crown to keep the people un- 
 der, though by that means , what the Crown faved to it 
 felf from the people, it loft to Kome : Henceforth the courfe 
 of Affairs grew more civil, or fif you will J graced with a 
 blQih of Religion '. and it was the policy of thife times, 
 
 where* 
 
, 46 The Govern^ C Edw.3. '^ Kings of 
 
 ment of l Rich. 2, ^ England. 
 
 whereof we now Treat , to carry a benign Afpcdt to the Pope, 
 (b far only as to ftavehim off" from being an enenny , whilft 
 Kings drove on a new defign to ingratiate and engage the 
 Church-men of their own Nation , unto it's own Crown. 
 This they did by di(Ungui(hingthe Office, or Dignity of E- 
 pifcopacy , into the Minifterial and Honourable Parts > the 
 later they called Prelacy , and was fuperadded for encourage- 
 ment of the former, and to make their work more accepta- 
 ble to men for their Hofpitalities fake-, for the maintenance 
 whereof, they had large Endowments and Advancements : 
 And then they reduced them toaright underftanding of their 
 Original, which they fay, is neither y?</ D/z^i/f^/^, nor Koma' 
 - E 9^ ' r^^"^^ ^^^ that their Lord(hips, Power, and great polTcllions, 
 2- J -h ^" ' were given them by the Kings, and others of this Realm. And 
 that by vertue thereof, the Patronage and cuftody of the Pof- 
 feflions in the vacancy ought to belong to the Kings,and other 
 tiie Founders', and that unto them the right of Election into 
 fuch advancements do belong, and not unto the Pope, nor 
 I could he gain other Title unto fuch power, but by ufurpation, 
 and encroachment upon the right of others. But thefe Great 
 Men were not to be won by Syllogifms i Ordinarily they, are 
 begotten between Ambition and Covetoufnefs , nouri(hed 
 by Riches, and Honour i and like the Needle in the Compafs, 
 turn ever after that way. E^s^w^r^ the Third , therefore la- 
 bours to win thefe men , heaped Honour and Privileges 
 upon them , that they might fee thegleanings of the Crown 
 of Efiglaftd^to be better than the vintage of the Tripple Crown. 
 Doubtlefs, he was a Prince that knew how to fet a full va- 
 lue upon Church-men, efpecially fuch as were devout j and 
 it may be, did fomewhat outreach in that courfe : For though 
 hefaw God in outward events , more than any of his Prede- 
 ceffors i and difclaiming all humane merits , refledted much 
 upon God's mercy , even in fmaller bleilings : yet we find 
 his Letters rcfledi very much upon the Prayers of his Clergy, 
 and loved to have their Perfons nigh unto him, put rhem in- 
 to places of greateft Truft , for Honour , and Power, in Judi- 
 cature i that not altogether without caufe , he had thereby 
 
 pur- 
 
The govern- r Edw.j, ^ Krvgi of 47 
 
 Me»$ of 7 Rich. 2. f England, 
 
 puichafcd unto his Kingdom, the name and repute of being 
 a Kingdom of Priefts. But all this is but Pcrronal,and may 
 give fome liking to the prcTent Incumbents, but not to the 
 Expedants i and therefore the Royal Favour extended fo far 
 in thefe times, as to bring on the Parliam.ent to give counte- 
 nance to the Courts and judiciary power of the Ordinaries, 
 by the pofitive Law of the Kingdom , although formerly 
 the Canons had already long fince made way thereto by 
 pradice ; 1 (hall hereof note thefe few particulars en- 
 fuing. 
 
 Ordinaries JJ)alI not be queflioned in the King's i^£-h 
 Court for Contmutittion , Tejiamentary Mutters , or ^^^' ^' 
 MMrimonid CanfeSy nor other things touching jurif- 
 dtHionof Holy Church, 
 
 Things formerly bred by the Canon , nouri(hed by conti- 
 nual pradice, allowed by Ordinance of Parliament, or Grant ' 
 from Kings in Parliament, are now confirmed by folemn con- 
 currence of the whole reprefentative Body of the Kingdom, 
 to have and to hold with Warranty. And yet the fence is not 
 fo general as the words, nor doth it feem much other, than a 
 Confcdion made for the Arch-Bi(hops appetite, to cure a di- ^^'-^JT-f-T^ 
 ftemper between him and the King : for the Civil Judge loft y^^r ' ^^'ru\ 
 nothing hereby, nor would the Crown, as may appear by a 5 
 Law of equal Authority with the former: for though an 
 Executor or Adminiftrator may cheat, yet it tells us that Ordi- 3 1 E.y caf.A- 
 narics only can opprcfs , and extort from dead Men j and 
 therefore in fuch cafes doth provide remedy by enquiry, and i< E.i.Stat.-i 
 Indidment before the King's Juftices. cap.^, 
 
 Tley JI) all have Cognifance of Vfury ^ during the ^5 ^^ h<^' ^* 
 Delinquent's Life^ and the King after the Delinquent's 
 death. 
 
 , The difference arifeth from the different end i the firft be- 
 ing to reform the Perfon by Church»cenfures , and to urge 
 
 him 
 
48 The govern- i Edw. 5. ^ Kings of 
 
 ment of I Rich. 2. 5 England, 
 
 Mror.^uJ}. him to reftitution > the latter is for the King's Fine or Forfei- 
 cap. J. SeEi.i. ^^^ ; pQ^ ^g touching the Ufurer's eftate,the offence was in" the 
 5^^-S-P^^'*' nature of Felony, forfeiting both Lands and Goods to the 
 o Ij'-i n ' s ^'"8' ^^^^^ ^'^'*^ Delinquent's death : And it feemeth the manner 
 6ivici.2.«.?7. wasto Indict the Delinquent during his life, and that iluck to 
 14 Rich. i.n. him as a deadly Arrow in his fide, till he died. Nor did it lie 
 14. in the power of the Ordinary, by Eccleliaftical cenfure, fo to 
 
 Jnfiit, 3. reform the Offender, as to clear him to the King , unlcfs the 
 
 cap. 70. party offending, made his peace with the King by Compolltion: 
 
 6E. ^. coram ^^^ ^j^^^ the Law continued, for ought appeareth to me, till 
 TmiT. the time ot He'xr)/ the Eighth. 
 
 25- £.3.c.8. They Jliall have Cognifance of avoidance of Benefices 
 
 pro clero. of Right .* They ffjall cert'ffie Bigamy 5 and Bafiardy 
 
 *^ £■ ^;f ^' had beyond the Sea ; and whether a Prior be perpetual, 
 
 ij L.^.Slat.i. ^ ■' ■• ' ' 
 
 ^R/V^. 2.C4 or Dative, 
 
 Thefirflof thefe concerning avoidance of Churches , it 
 feemeth was fomewhat doubtful in point of practice, for 
 that the Civil Judge ufed to determine all manner of avoid- 
 ances , as well in Fad, as of Right \ but by this Statute they 
 are reftrained only unto avoidances in Fadt, fb as after this 
 Statute it is holden, that avoidances by death (hall be tiyed 
 by the Countrey \ but if the avoidance be by Deprivation, 
 'Bro. cpuiY. Pxefignation, Creation, or otherwife , it fnall be tryed by 
 %wp. 85.. the Ordinary ; becaufe by common intendment he is more 
 connufant of the thing , than Countrey people. But as 
 touching the point oi Bigamy ^ the matter is more doubtful, 
 in regard that commonly the marriage of a fecond Wife, ,or 
 Widow , is a matter in Fad , done in the face of the people i 
 and of which they take notice, efpecially where the life of 
 man is concerned , which rather requircth the Judgement of 
 his Peers, than where the outward maintenance only is en- 
 gaged. Neverthelefs, becaufe the main point is , whether 
 the party be a Clerk or not, and the fame anciently refted 
 upon the Certificate of the Ordinary ; It's by this Law again 
 allowed to him to try and certifie this point of Bigamy alfo, 
 
 although 
 
The govern- j Edw. 5. ^ Kingt of 4^ 
 
 mentof l Rich. 2. 5 England, 
 
 although the Statute of B/£<Jw/]?/, might feem to Entitle the 
 
 civil Magiftrate thereto, as the Law was holden to be before this %L.%.c3f%. 
 
 Statute was made. In the next place, although it cannot be 
 
 denyed, but the Trial of Bartardy beyond the Sea, might as 
 
 well lie in the Cognifance of the Lay Magilhate, as in that of 
 
 the Ecclefiaftical \ yet feeing the Clergy had already attained 
 
 the Cognifance of the thing , the place proved but a matter 
 
 of Circamlhnce,efpecially they having the advantage of the 
 
 Civil Magiftrate in this, That in regard the Ecckliaftical per- 
 
 fons beyond the Sea, had alfo obtained the Cognifance of that 
 
 matter amongft themfelves , their Teftimony or Certificate 
 
 would come with more credit to the Clergy in this Kingdom, 
 
 than to the Magiftrate > whofe Cognifance in fuch Cafes they 
 
 did difallow. 
 
 Laftly, concerning Priories, whereas fome were prefenta- 
 tive, and filled by Indudion from the Ordinary \ and others 
 were Donative, having their Priors meerly at the will of the 
 Abbot, to be placed and difplaced as bethought moft expe- 
 dient: if then the point in Iffue depends upon this knot, 
 this Law referreth the Trial unto the Ordinary , who by 
 common prefumption beft knows whether any Inftitution 
 and Indudion had parted his Regiftry , and Seal , or not. 
 And thus, though a kind of Judicial power feemeth to be 
 carried along herewith , yet is all in a minifterial and fubfer- 
 vient way , unto the Civil Magiftrate i and neverthelefs, 
 with fuch credit and Authority , that the main hinge of the 
 Judicatpry , in fuch cafes, depends upon the dafti of their 
 Pen. 
 
 "No BipJflp^ nor Arch-Bifiop 5 fi^ll be impeached he- ' 
 fore the Civil Magi ^r ate ^ without the Kings expreff ^^^'>'^'* 
 PVarrant, 
 
 The former particulars, concerned matter of Authority i 
 this and others enfuing, concern matter of immunity , which, 
 or moft of which were formerly for a long time within the 
 Fancy of the Canon, but never came to the height of Parlia- 
 mentary approbation or Authority till now , that it comes in 
 
 K as 
 
50 
 
 The govern- J Edw. 3. ? Kings of 
 went. of 1 Rich.2. > BngUnd. 
 
 as a peace-offering to pacific the quarrel between the Arch- 
 Bi(hop 5/>"a//or^, and the King: For he being engaged in 
 the French Wars, fo refolved to continue •, and therefore to 
 maintain diftempers at home, he- held neither Honourable^cor 
 £afe. 
 
 Their Tcmporalties JJuU not be wajied , during the 
 J 4 £, 3 . c- 1. Vacancy : Nor fiall thsy be feifed 3 bi^f bj> Judge me nt of 
 the Couth 
 
 The firft of thefewas an ancient Law, grounded upon 
 great reafon i although dulled by time, and by covetoufnef^. 
 of the needy Patrons , next to laid afide, if not quite put out 
 of countenance: So as a new Law mufl; be made to revive 
 it, and to abolirti that corrupt cufiom , or pradice of de- 
 predating thofe poflell] on s given to a holy ufe in common, fup-. 
 pofal , contrary to the trull by them undertaken, and the 
 ufe ftill continuing. But the fecond Branch is in nature of a 
 Law of Reftraint, fctuponthe Common Law: for the per- 
 fons of thefe Spiritualized men, were of (o aery a conftitution,, 
 asthey could not beholden by hands made out of the Clay, 
 fuchas the rude Laity were i and therefore the Civil Magi- 
 {Irate, upon all occafions ufed to lay hold upon thaiJ, whereof 
 there was foroe feeling , which were called Temporalties, 
 and thereby drew them to appearance at the Lay-Courts i for 
 however Spiritual the Clergy were, they would not eafily. 
 part with their Lay Fees. But now by, this Law, the times 
 are fo attenuated , that the very Temporalties are made fo 
 Spiritual, as not to be meddled with by the Lay Magiftrate, 
 unlefs upon judgement tirA obtained againrt them. And 
 fuitably thereunto within twelve years following , another 
 Law was made more pundual , that their Temporalties- 
 X'^Ei.c.e. (i^opld not be feifed upon for contempts, but that their Pcr- 
 fons fnould be feifed i yet within twenty years after that, 
 this Law begins to be out of Countenance, and the Opini- 
 ons of the Judges began to grow bold upon the ancient rule, 
 iliat their Temporalties w^re Temporal, though their per- 
 fons were Spiritual > and that it was more dangerous to im- 
 
 prifon 
 
The Govern- r Edw. 3. ^ Kivgs of 51 
 
 fftcftt of I Rich. 2. 5" Eftgland, 
 
 prifon the perfon of a Cicrgy-man, than to attach his poflefli- 
 ons : And therefore they held, that if the Ordinary remove .. £ 
 not the Incumbent when the King's Writ commands him fo foU 3^, 3<t 
 to do, his Temporalties (hould befcifed. And u the Ordinary taihorpe. 
 (houldcertifieone tobeaClerk which is none, the like courfe jH.^.fol 41. 
 is to be taken, fcr G/f coign, 
 
 7hey fiall depitte the fiext g?icl moji lawful Friends 5 r if. 3 .c.i i. 
 of the Intejiate to admivijier his goods. 
 
 The Statu teat rf>/?A)i/»/ffr tlie fccond, having given {oi^'bCfJi.i^ c.\^. 
 merly a kind of allowance, that the Ordinary (hould be 
 Adminitlrator to thelnteftate , fo far as to anfwer tlie In- 
 teftatc's debts, lent him thereby an opportunity to poiTefs 
 himfelf of the whole, to all intents and purpofes i which be- 
 ing obferved by the Parliamt^nt , by this Law they made way 
 for Adminiftration , to fall through the hands of the Ordi- 
 nary, into the Lap of Adminiftrators, made by the Authori- 
 ty of the Parliament •, but of the Ordinaries nomination, 
 according to the Authority hereby to him given. Thefe Ad- 
 miniftrators thus made, had U greater power than ever the 
 Ordinary had > or could give. Tor though the Ordinary by 
 the Statute at IVelhninjier^ was bound to pay the Debts of 
 theTel^ator, yet could he never bring Adtion as the Admi- 
 niftrator to all intents by this Law is enabled to do: And 
 though it be true, that the Adminiftrator is by this Law 
 ordered to account to the Ordinary , yet doth not that en- 
 title the Ordinary to any intereft in the perfonal Eftate i 
 but only gives him a bare Authority to take the account, with- 
 out any compulfory power by Ecclellaftical cenfureSjto enforce 
 him thereto. 
 
 Secondly, it is fuch an account, as is no Evidence in any 
 Court of Record: And Laftly, if upon the foot of the ac» 
 count, any arrere remained, or furplufage of Eftate i the 
 Ordinary could neither recover^ nor order the fame » becaufe 
 by tlie Law anciently , the next friends had the fole intereft 
 therein .-and being by this Statute made Adminiftrators, 
 
 K 2 the 
 
52 The Cover ft- ^ Edw. 9. 1 Kingj of 
 
 Mentef ^ Rich. 2. 5 Effgland, 
 
 zE.^.capy 
 
 the whole power of ordering the Eftate is vefted in them, 
 
 To conclude, this Statute was made in favour, and for the 
 cafe of the Ordinaries, if they would pleafe fo to take it, 
 for they could get no benefit by executing the Adininiftra- 
 tipn in their own perfons , if they intended to Adminiftcr.ac- 
 cording to the Law. 
 
 The Perfons of tkc-Clergy ireprivileged from Arrrjls^ 
 ' during the HoIjiAQ ions of their Officiating. 
 
 This was plotted (ince /«/f/w's time, he and his SucceflTors 
 endeavoured by.Conftituticn, and Canon, continually to mind 
 the Civil Magiftwte thereof, but could i^ever nurfe it up to 
 the Degree of a Law, till now j they gained the advantages of 
 the times, growing into a more tender appreheniion of Devoti- 
 on, than ^rmerly. The penalty of tranfgrefling this Law 
 s R«^. Z.C.I y. js left in general, and therefore did the lefs fcare, but within 
 ' three years after, it was confirmed with a certain penalty of 
 Fine, and Imprifonment, as to the King's fuit , and damages 
 to the party offended : and the Privilege was enlarged, for, 
 and during their continuance in the Confecrated ground, in 
 order to fuch Services, and not upon Fraud » or Collufion to 
 avoid Arrefts: But by neither of thefe Laws was the Arreft 
 (although cpntrary to themj roade void, as touching the 
 l^rocefs. 
 
 X JE ^ .StM.% '^^^ goods of the Clergy-^ are dif charged from Turve)- 
 cjf. I? ' at7ce^ and their Houfes from garter. 
 
 The latter of thefe was an Encroachment upon the greater 
 Clergy- men : For under the Title of Hofpitality , which the 
 Prelates w^re obliged to by their great Poffeflions , and Re- 
 venues, conferred upon them to that end, Kings ufed to 
 quarter Meflengers, toand from 5wt/^«<i > The King's Hor- 
 ies, Dogs, and Hawks, &c. But the point of Purveyance, 
 was an ancient Prerogiative belonging to Kings , and by no 
 CuiJom were the goods of any. man difcharged therefrom^ 
 
 tUl. 
 
The Govertt' J Edw. 5. ? Kings of 53 
 
 went of 2 Rich. 2. $ EtigUnd, 
 
 till it was by kCt of grace firft conHrmed by Edward die Firfl, 
 and afterwards by grant of Edward the Second , yet by rea- iVfJi.ixap-i. 
 foil of the rudencls of the times , did not thofc k^s prevail '^'•^'- '^f fi/?^* 
 to that fettkment that was promifed •> till now Edward the 
 Third renewed the Law ; neverthelefs could not this Lavv of 
 JEdtvard the Third pcrfed that work, becaufe it was but a bare 
 command till R/c/j;»r^ the Second made a remedial Law, gi- 
 ving thereby the Clergy that were wronged a right of A6ti- r ^'^'f'- ^ ^•3- 
 onof Trcfpafs againft the Purveyors /and to recover treble 
 damages, whereas formerly they were liable only to a Hne to 
 the King, which many times was- as foon pardoned as 
 asked., 
 
 Thcfe condefcenfions might have wedded the Engli(h 
 Clergy totheEng1i(h Crown, but that it was coy and ex- 
 pcdcd further gratuities : belides they beheld their old 
 Step dame Kowf, now in its full Splendor and Power, and 
 deeply intcrefted in the fway of affairs in this Kingdom, 
 and above all the reft, the nigh affinity between the Prelate 
 and the Pope was fuch , that they fucked one milk , 
 breathed one Air, and like the Philofophcrs twins, lived in 
 each other : The latter of thefe was not difcerned by thofe 
 dim lighted times , and therefore they could do nothing 
 towards the dirtblution of that knot , but left it to future 
 times, who found no other way than to cut it afunder : 
 But Edward the Third and his Succeflbr efpyed the firft , felC 
 the inconvenience thereof, and applyed themfclvcs to fuch 
 remedy as they found moft ready at hand. All things that 
 are fubjcd to timeare alfofubjed: to change, which comes 
 commonly flower upon Governments that are lefs Ecclefiaftical^ 
 for Churches continue longer in a growing condition than 
 ia their complete eftate, like a Chriftian that feldom endures 
 long after his full ripenefs. Thus England y it's hitherto 
 above a thoufand years imce the Gofpcl came to the Saxons, 
 and well nigh a thoufand years fince the Pope fct his foot 
 amongft us s ever approaching nigher the Throne, and afcend* 
 ing thereunto* but finding it full of a King that would not . 
 remove, he fiisdown in his Lap i a heavy burthen queflion- 
 
 lefs^ 
 
14 The Govern- < Edw.3, -^ Kings of 
 
 ment-of | Rich. 2. j* Englatid, 
 
 kfs he was , confidering his claim of ]urifdidion , his pro. 
 vidons, penflons , exemptions , impofitions , and fuch like 
 opprefiionsi and therefore it's no wonder if the King feeling 
 the incumbrance, gives a lift at the Pope's power, by ftop- 
 4 'E.i.c.6. ing the currant of Money from 'Engl and ^Kome-vi^x^s: To this 
 7 £, 3. f. 3 . end, the Statute made at Carlijle is revived , whereby the Cler- 
 gy are inhibited from conveying Treafure beyond the Seasj 
 but the Pope knew how to ride, and will not fo eafily fore- 
 go his faddie. The Koman Eagle had made many a fair 
 flight in E«^/<««<i, and had not yet fully gorged himfelfi he 
 grants ten thoufand Marks yearly out of Taxes laid upon 
 the Church- livings in E«^/c2«^, unto two Cardinals , neither 
 of which did, nor, by the Canon, could live in England:, the 
 Treafurerfhip of Tork^ alfo to another Cardinal, after that 
 the King had conferred the fame elfewhere. He proceeds 
 alfo further to invade the undoubted rights of the Crown , by 
 making an eledlion of the B. of Norn>tcb , and caufing him 
 to be inverted Kege renitente : the King fpent eight years 
 in the recovery of his right, and was deluded in the conclufi- 
 on \ he now fees it bootlefs to ftand always upon his de- 
 fence , and receive affronts i he refolves therefore to enter 
 the lifts, and makethfeifure of the Deanery of 'ICorh^^ which 
 Kot.Farl.io. formerly by ufurpation , the Pope had conferred upon a 
 \l. no. Q2.^^[^2i\\ and of all Church-livings given by the Pope to a- 
 liE.-i.ut 38. ^^^"5* Then a Law is made more ftiarp than thofe in theeigh- 
 jFojf. 3S8. tcenth year, wherein Provifors of Abbies and Priories are 
 ay £. I. Stat, made liable to a Vr£mumn^ and Provifors of other Ecclellaf^i- 
 ^. cap. zi. cal Livings and Dignities, whereby the prefentation of the 
 tex. ScU. I. rightful Patron is difturbed, to be hned and imprifoned un- 
 til the fine and damages to the party wronged be paid. 
 And all fuch as draw men to plead out of England^ in cafes 
 that belong to the cognifance of the King's Court , and 
 17 £.3. C.I. all obtainers of provisions in the Court at Kome, thefe 
 were alfo fubjed to a Tramttniri, For whilft thefe things 
 were thus in adion , the Pope beflirred himfelf notably 
 with Citations, Excommunications, Interdictions , and fuch 
 other birds of prey, not only againft mean men , but Judges, 
 
 Bilhops, 
 
The govern- r Edw.3. ^ Kings of 55 
 
 ment0f.\ Rich. 2* f England. 
 
 Bi(hop.s, and the King's Councili as amongft others, the cafe 
 of the BilTiopof £/)j,at the felicitation of feme of inferiour 
 regard , as I remember, a Clerk or feme fuch thing: yet as ^luiq Brh 
 thefe Bull-drivers or fummonersto the Romifli Court , were Icdcf 1.^7, ' 
 no late uplUrts, fa were rtpt thefe times the firfl that took 
 them to task ; for before the Statutes of Vr£mHmri , we find 
 provilion was made againft Provifors, and that fome Statute 
 did precede thofe in Print, which puniflied a diRurber of the 
 King's Incumbent, by a Bull from Kome^ with perpetual im- 
 prifonmcnt, or at the King's Willi befides the party wronged 
 was allowed ao A<ffion'for his damages, ^i tarn pro IDeinmo 
 Ke^e qnam pro feipfo fequitur^ and before that time alfo ^'^* ?•/^•'^*'• 
 bringers of Bulls from Kome were imprifoned , although in all 
 thefe cafes aforefaid , the liberty of the Perfons , both of 
 Lords and Prelates, was faved : And thus all the while King 
 Edivard the Third kept the Held , he gave the Pope cutX^^^'^'^'^' 
 forcuff, but retiring himfelf to take his eafe , he waxing, 
 wanton, waxed weak, and more flowly purfued the vindi- 
 cation of his own right, and his Subjeds liberty. The Laws 
 are laid afide , and Rome had further day given to plead 
 and in the mean time execution is (laid; the double mind is 
 double dyed, and advantage is foon efpyedvabove tixty Church- 
 livings more are fuddenly catched apd given to the favo- 
 rites at Kome\ the Parliament rings herewith , yet the King %: Pari f i. 
 delays the remedy , and in this Edy of affairs, Edward the ^"-S- '''• 3J. 
 Third dies, and Richard the Second takes up the place , who 
 had wit enough to obferve what concerned his own in- 
 tereil, and courage enough topurfueit: But neither wit nor 
 courage to over-rulchis luRs, which in the conclullon over- 
 ruled all rule, and brought himfelf to dcRrud-ion; He found 
 the people at his entrance into the Throne irritated with tli£ 
 Pope's opprcflions.and vexed at his Grandfathers delidioufnefs'. 
 His Spirit is alfo tiirrcd within him , and himfelf thereby 
 preffed.to tread in his Grandfather's former ways, and to 
 outrun him in his latter : he made the penalty of ?r£mm'i- t>- 
 rito extend to all Farmers, or others , in nature of Bailiffs, ^ 
 that held any Church-maintenance to the ufe of any Alieit, 
 
 and 
 
 .I.e.: 
 
55 The govern- \ Edw. g. i Kings of 
 
 mcnt of I . Rich. 2. 3 England, 
 
 'y^ch.x. and unto all Aliens that are Purchafors of fuch Provifions to 
 cip. 13. any ufe; and unto all Lieges, that (hall in like manner pur- 
 
 ii'i^ch.i- chafe fuch Provifions. 
 
 cap. IS' But as touching fuch as (hall accept fuch provifions, he 
 
 ordained Bani(hment for their Perfons, and Forfeiture of 
 i-^llich.r. (heif £ftate : Notwithfianding all this , the Roman Horfe- 
 SM.cu^r-i. leech would not fo give over. The King grew into difpka- 
 fure with his Subjedts , and they with him , and with one 
 another i they fee the Pope (\ill on Horfc-back , and fear that 
 the Englifli Clergy, their own Countrey-men, if not Friends, 
 and Abettors, yet are but faint, and feigned Enemies to the 
 Pope's Caufc. Nor was it without Caufe that their feac 
 was fuch , for as the Pope had two hands to receive , fo they 
 had two hearts, making fhow of forming blows at the Pope, 
 but then always at a diltance , or when without the Pope's 
 Guard > and thus the Laws begin to ftammer and cannot fpeak 
 fo plain Engli(h as they were wont. The people hcreat offend- 
 ed, refol veto put the Clergy into the Van, and to try their 
 mettle to the full. 
 
 At the laft Parliament that Kichard the Second did hold, 
 
 tgl^jV^i.f.j.both the Lords Temporal, and Spiritual, are oppofed one 
 
 by one. The Lords Temporal ( like themfelves ) refolve 
 
 and enter their Refolutions , to defend the right of the 
 
 Crown in the Cafes of Provifors i although even amongft 
 
 thefe great men all were not equally refolute s for Sir WU- 
 
 Ham Brian had purchafed the Pope's Excommunication a- 
 
 gainft fome that had committed Burglary , and he was com- 
 
 . . ^ . mitted to the Tower for his labour : But the Prelates anfwer 
 
 v-4"^"i- ''"• ^25 ambiguous , and with modifications , which was all one 
 
 to cry fas men ufe to fay^ Craven : yet was the Statute 
 
 made peremptory, according to what was formerly Enadted. 
 
 And though the Prelates, cautionary way of proceeding, 
 
 might be a principal reafon why the Pope's power held fo 
 
 longin E«^/<i«(j^,.inan ufurping way: yet Kings alfo much 
 
 conduced thereto, by feeking too much their perfonal eafe 
 
 above the Honour of their Place , and the Pope's bleffings, 
 
 and opinion of his Favour, more than their own good , or 
 
 the 
 
The govern- j Edw, 3. > Kings of 57 
 
 mentof i Rich. 2. 5 England. 
 
 the peoples liberty : for there was no other balm for a di- 
 ftraded mind, than that which dropped from the Pope's lips. 
 In like manner, R/cW^the Second, being already , at leaft in 
 purpofe, eftranged from his people, fought to get Friends at 
 Kome^ to hold by the Spiritual Sword, what he was in danger 
 to lofe, by laying afide the Sword of Juftice, which is the 
 fureft Tenure for Kings to hold by : And though the Pope- 
 dom was now under a Schifm, between two Popes, Clement 
 and Vrbai\ yet he was fo far won for Z>'r^4«, that he not only , ^^^j^ , ^ 
 engaged himfelf, and the Parliament, to determine his Elcdi- ' 
 on, and uphold the fame > butalfo, Ex abundante^ did by 
 liTipHcation allow to him an Indefinite power, to grant provi- 
 lions, and fo at once he loft the Die, and gained a Stake,that like 
 a bubble looked fair, but foon vani(hed away. 
 
 Nevcrthelefs, thefe two Comrades, whilft they were toge- 
 ther, refolved to make the moft of each other that they could i 
 and therefore though the Popedom liked not the King, yet 
 the Pope had his love fo far, as he could deny himfelf •, for he 
 had already denyed his Kingdom : And (if the Articles exhi- 
 bited againft the King by Henry the Fourth, be true) the Pope 
 had his Faith alfo ; For (that he might be rid of his reputed o^«/^2- "^'^' 
 Enemy, Arch-Bi(hop Arundel) he truftedthe Pope with that -7^. 
 Complement of making JFalden Arch-Bi(hop of Canterbury 
 in ArundeVs ftead i which the Pope took fo kindly, as he made 
 it a precedent for provifors for the future. Nor did the King 
 ftick in this one Singular \ but made it his Cullora in palling 
 of Laws, Cefpecially,fuch as the King was moft devoted untoj 
 to put more Confidence in the Pope's Amen , than in ail the 
 prayers of his Commons, with his own Soit fait ^ to boot. 
 The fum then will be, that the prize was now well begun, 
 concerning the Pope's power in England. Edivard the Third, 
 made a fair blow, and drew blood i Kichard the Second , fe- 
 conded him, but both retired i the former left the Pope to 
 lick himfelf whole, the latter gave him a falve, and yet it prov- 
 ed a Gangrene in the conclufion. 
 
 L The 
 
jS The govern- i Edvv. 3. ? Kings of 
 
 ment of i Rich, 2. J England* 
 
 The fecond means ufcd to bring down the power of the 
 pope in tliis Nation, was to abate the power or height of the 
 Englifh Clergy ; for though the times were not lo clear as 
 to efpy the Boot of a Pope in Prelacy , yet experience had 
 taught them , that they were (0 nigh engaged , that they 
 would not part. And therefore , hrll , they let thefe men 
 know , that Prelacy was no EfTential Member to the Go- 
 vernment of the Kingdom •, but as there was a Govern- 
 ment eftabliflied before that rank was known, fo there 
 may be the like when it is gone. For 'Edward the Third, 
 being troubled with a quarrel between the two Arch-Bi- 
 (hops of Canterhitry and Tork^^ concerning Superiority , in 
 bearing the Crofsi and the important affairs of Scotland^ 
 fo urging, fummoned a Parliament at ICorl^^ which was 
 fain to be tlelayed and adjourned for want of appearance , and 
 more effedual Summ-ons iffued forth i but at the day of 
 Adjournment, none of the Clergy of the Province of Can- 
 ierburywouX^ be there ; and upon this occafion the Par- 
 liament was not only interrupted in their proceedings, but 
 an ill precedent was made, for men to be bold with the King's 
 Summons , in fuch Cafes as liked not them i and thereupon 
 r- . , a Statute was made to enforce Obedience upon Citizens , and 
 ^^06 ■* BurgelTcs, and fuch Ecclefiafticks as held, /'^r B^rtj^/Vw. Ne- 
 *" * verihelefs, when the matters concerning provifprs began to 
 
 come upon the Stage, which was within two years after 
 that Law was made , the Clergy found that matter too 
 ■warm for them ^ and cither did not obey the Summons, or 
 come to the Parliament ", or if they came, kept aloof, or if 
 notfo, would not Vote j or if that, yet order their Tongues, 
 To as nothing was certainly to be gathered , but their doubt* 
 ful or rather double mind. Thefe Prelates thus difcovered, 
 the Parliament depended no more upon them , further than 
 they faw meet ; At fix or feven Parliaments , determined 
 matters without their Advice s and fuch as crofled the prin- 
 ciples of thefe men : and therefore in a rational way might 
 require their Sence above all the reft , had they not been 
 prepofTcffed withprejudice, and parties in the matter. Nor 
 
 did 
 
The Govern- f Edw. 5.. 1^ Kings of 5^ 
 
 ment of I Rich. 2> y England. 
 
 did E^»'<2ri the Third, ever after hold their prefence at fo 
 high Repute at fuch meetings \ and therefore fummoncd 
 them, or fo many of them, as he thought meet for the Oc- 
 calion i fometimes more , fomctimes fewer, and at a Par- 
 liament in his forty and fcventh year, he fummoned only 
 four Bidiops, and tive Abbots. And thus the matter in Fad: 
 paflfed in thefe times, albeit the Clergy ftill made their claim 
 of Vote •, and delired the fame to be entred upon Re- 
 cord. 
 
 And thus the Parliament of England tells all the World ,that 
 they hold themftlves complete without the Clergy, and to all '-•^"^'^h ^ ''■ 
 intents and purpofes, fufficient to conclude matters concerning *^" 
 the Church, without their Concurrence. Thus began the 
 'Mewing time of Prelacy, and the principal Feather of their 
 wings to fall away , having now flourillKd in England nigh 
 eight huiidrcd years: and had future Ages purfued the 
 flight as it was begun, thefe Lord ings might have beaten the 
 Air, without making any fpeedy way, or great work, favingthc 
 noife, 
 
 A third flep yet was made further, in order to the redu- 
 cing of the power of the Popedom in England^ but which 
 ftumbled moft immediately upon thegreatnefs of the Prelates. 
 For it was the condition of the Spiritual powers, belldcs 
 their height of Calling to be fet in high places, fo as their 
 Title was from Heaven •, but their poffellions, were from 
 men , whereby they gained Lordfhip, Authority, and power, 
 by way of Appendix to their Spiritual Dignities ; This Ad- 
 dition however it might pleafe them, yet it for a longtime 
 e're now had been occallon of fuch murmur and grudge 
 in the Commons againft the Clergy, as though it advanced 
 the Clergy for the prefent, yet it treafured up a back recon- 
 ing for thefe men, and made tlrcm liable tO'-thc difpleafure 
 of the Laity , by fcifure of their great places : when as 
 otherwife their EccleHartical Dignities had been beyond their 
 reach. And of this , thefe times begin now to fpeak louder , ^ 9- 
 than ever, not only by complaints made in Parliament hy '^[,^„ ll ^f*' 
 tkc people, butalfobythe Lords and Commons in Parlia- ' " 
 
 L 2 ment, 
 
6q The Govern- C ^^w. 3, 1 Kings of 
 
 fjjefitof ^, Rich. 2. 3 England, 
 
 n)ent, to the Kiug, that the Kingdom hadinar now long, and 
 too long time been governed by the Clergy, to the dirtierifon 
 of the Crown » and therefore prayed, that tiie principal Offices 
 of the Kingdom, mi^ht heuc(;forth be executed by the Laity ; 
 and thus the fiirarpfe between the Lords Temporal and Spiri- 
 tual, each prevailing or lofmg ground, as they had occafion to 
 lay the way open for them. The Duke of Lancajier being ftill 
 upon the upper grpund , that as little regarded the Pope's 
 Curfe, as the Clergy loved him. 
 
 But the worfl:, .or rather the beft , is yet behind-, Out- 
 ward power, and Honourable places, are but under- fetters, 
 or props to this Gourd of Prelacy, that might prove no 
 hk prejudicial by creeping upon the ground, than by 
 perking upward : For fo long as Enour abidcth in the Com- 
 mons, Truth can have little fecurity ^mongft Princes j al- 
 though it cannot be denyed , but it's a good lign of a cleats 
 morning , when the' Sun-rifing, gloryethupon the top of the 
 Mountains. God gives Commiilion therefore to a Worm, 
 tq fmite this Gourd in the Root, and fo at once both Pre», 
 late, and Pope, do wither by undermining. This was 
 ifickjiff, that had the double Honour of Learning in Hu-, 
 mane and Divine Myftcries j the latter of which had for 
 ^many years paffed obfcurely , as it were in a twilight a* 
 mpngft the meaner fort , who had no Endowments to hold 
 it forth arnongft the throng of Learned or great Men of the 
 World. 
 
 And though the news thereof did found much of Holi-; 
 mefs and Devotion, Theams unmeet to be propounded to 
 an Age fcarce Civilized : Yet becaufe divers of them were, 
 more immediately refleding upon the policy of the Church,, 
 wherein all the greater fort of the Church-men were much 
 concerned , but the Pope above all the reft i the accefs of 
 all the matter , was made thereby more eafie to the Con-, 
 llderation of the great Lords and Princes in the Kingdom, 
 who out of principles of State , were more deeply engaged 
 againft the Pope, than, others of their Rank formerly had 
 been ; Duke Jo|«of ^aift led the way in this A<^, and had. a 
 'T " ' party 
 
Tht Govern' C Edw. 3. ? Kings of 6 1 
 
 went of 2 Rich. 2. S England, 
 
 party amongft the Nobility, that had never read the Canon- 
 Law. 
 
 Thefe held forth ^F/ci^/jf and his Learning to the World, 
 and E^^rr^ird/ the Third himfclf favoured it well enough , but 
 inhis-old Age dcdring his eafe , was contented to look on, 
 whilli his Lords Temporal and Spiritual played their prizej 
 yet giving his />/*j»^//>f rather to his Son, than his Spiritual 
 Fathers, as if led by principles of Nature,' rather than Religi- 
 on : This was the bloffoming part of the Jnckli0f^ but the 
 principal ftrength was from beneath, where the roots fpread 
 and faiined exceedingly, efpecially in the South , and Eaftern' 
 parts of this Kingdom. T'otel: of tbeVfurpatioMS of the Cler- 
 gy^ the Idolatry of their cofily JForJJ-jip , the Vanity of their Cur- 
 fes^&c. was exceeding welcome news to an opprefTed multi- 
 tude, efpecially where thefe things were rightly underftood. 
 The IlTue foon manifefted it felf to the World , no Parlia- 
 ment paffed without reflexions at Prelates, Kerne , or fonne 
 fuch thing i and not only the perfons and pradlices of thefe 
 men, but even their Laws and Canons, were begun to be 
 had in contempt i and their millives flighted. And thus 
 thefe men pretending patronage , both from Right drawn '^^ . 3.«.4^> 
 from Heaven , and derived from men , fail in their Evidence,'*''* 
 unlefs the people do l^ill believe more than they are able ta 
 underftand. 
 
 No marvel if Kome be now rowzed , and that fort of men 
 that formerly were Wolves in Sheepscloathing, become now 
 red and fiery Dragons, taking up a new courfe of Eftablifli- 
 ing their power by perfecution. This was a way of power 
 indeed, but it's a touchy thing to have to do with fire, left- 
 it gets too high. It is therefore holden a point of difcretion 
 by the Prelates, not to meddle with the Lords or the Com- 
 mon people i the former were too great , tlje latter too 
 many i the one fort would not hear, the other would not 
 underftand : The Teachers therefore being the Velitc?, 
 at them they- give fire. IVickJiff their Leader comes on 
 bravely, and notwithftanding they all made at him, he 
 louts them , and in defpite of theoi all , comes off fairly^ 
 
 and i 
 
62 The Govern^ c Edw.3. 'i Kiftgs of 
 
 ment of i Rich. 2. ^ England, 
 
 Kjmi.j. But. and dies in his bed by the courfc of Nature : Then an Ordi- 
 nance is levelled at the relt of the Teachers : This was made 
 of an old Canon, the nature whereof was to this purpofe. 
 
 fRicf}. 1. That upon cofftplaint of the BrJJjop , the King's Writ 
 
 ^tut.i, c s- j/jjI/ Ijq granted^ to apprehend Preachers of Hereffes^Er^ 
 ronrs^ and mitters.of Slander^ tending to Difcord^and 
 D'fjfendon^ between the States of this Renlm^with their 
 Fa^orj^ and Abettors , and to imprifon them^ till thev 
 be acquitted according to the Law of the Church, 
 
 This Law (for fuch it yet appears) gives occaGon to confider 
 of tlicfe particulars, F/z. The Crime ^theVelinqHents^ the man- 
 ner of Inquifttion^ and the VenaJty. For the firlt, fnot to trou- 
 ble my way with Debate, about the right of liberty of preach- 
 ing^ the matter in Fadt was, that Men did publickly Preach 
 without Authority, matters of 77;»^^%)», tending (as it's faidj 
 to fow difcord and diffenfion \ fo as they are under conlidera- 
 tion and cenfure of the Church men and Canon-Law , in one 
 regard, and of the Laws of the Kingdom and Civil Magilhate, 
 as dilturbersof thepeace, on the other fide: and thus the 
 •Subjeds liberty is calt into amilkrious, cloudy, and doubtful 
 porture, by matters of Opinion. 
 
 Secondly, the perfons Delinquent, arealfo left to an indefi- 
 nite Conftrudion : For they are not only preachers in publick, 
 which might be an Order of Men within the Church Cogni- 
 fance^as things then (lood •, in regard it was permitted to the 
 Church to Authorize Men to preach, but alfo their Fadors, 
 and Abettors > words that might comprehend any other per- 
 fon whatfoever, according to the pallion or difcretion of the 
 ' Church- men. 
 
 Thirdly, the manner of this Inquifition muft be according 
 to tiie Canon, and then the people are at the Church-mcns 
 mercy, to return Complaints againft whom they pleafe, upon 
 fuch Grounds as they fliall think meet. The perfons that muft 
 make this Inquifition by this Law, arc the Ordinaries, or any 
 
 one 
 
rkgovern- r Eclw.3. , Kiftgt of 63 
 
 me fit of ^ Rich 2. f England. 
 
 one of them, and for ought appears the fame might be done, 
 hy ?Qp:^ Council^ general^ National^ Vrovineial , Viocejfan , or 
 their Delegates^ according to the Canon : Although the lalt pre- 
 cedent that I met with, was executed by a Grand Council of 
 Lords and Prelates, in the time of Henry the Second. But 
 now the Clergy finding the Laity began to fwell againft the 
 Canon i they thought it high time to get the Civil Sword to 
 joyn in the work, to be as their Hands to apprehend , and 
 Gaolers to hold in Curtody, fuch as they (houlcl comphin of 
 without any other Legal Convidlion ■■, although hereby, they 
 not only difclaimed theexercifingof their own power of Im- 
 prifoning, which they by the Canon formerly claimed to have 
 in fuch Cafes i but alfo acknowledged to receive their power 
 Judicatory in fuch Cafes from the Parliament. 
 
 Thus was this Ordinance levelled, as I faid, but the fliot fell 
 (hort : For this Law attained no further perfedion, than a meer 
 (hape, and was complained of by the Parliament , within few 
 months after its firftnoifc, that it was made and publiOied 
 without the Commons confent, or knowledge i and that the ^Rich.i. 
 Nature thereof was diredly contrary to the^Liberties of the -^'"^'f- 5' 
 peoples and therefore they prayed that it might be repealed 
 and the fame was done accordingly i although the times have 
 been fuch as would not fuffer the fame to come into the pub- 
 lick Book of Statutes in Print. But whether Statute, or no 
 Statute, they tell the King plainly, that they will not fiirthcr be 
 bound or juftified by the Prelates, than they, or their AnccOors 
 were anciently ufed tobev and bcildes that, they thought 
 fomewhat more , which they laid up agair.ft future times i 
 nor was it long e're they difcovered it. For a Subfidy being 
 offered to the King by the Laity , under a Provifg , that the 
 Clergy would grant a Tenth i the Clergy took 'this Articula- 
 ting of the Commons in fnufi; and proterted that the Laity 
 (hould not charge them. The Commons hcrcat begin to bid 
 battel totheTemporahiesof the Clergy , and had not the 
 King been a faft Friend in good earneft unto the Clergy the 
 Laity had won the Field, Thus were jhcfe times like the'mo- 
 
 tion 
 
^ The govern- \ Edw. 3. i Kings of 
 
 tmnt of I Rich. 2. 3 B.f^gUnel* 
 
 tion of the Ballance unto the Church- men, fometimes up,fomc- 
 timesdown » getting fomewhat which they formerly had not, 
 with lefs affurance in what they had. 
 
 CHAP. VI r. 
 
 Concerning Trade, 
 
 KINGS hitherto had lived upon the main ftock,improv-> 
 ing the fame to the utmoil peny : few of them laid up 
 forthe future, much lefs endeavoured to advance the princi- 
 pal for their SucceiTors. 
 
 There had now been ten Kings of this Nation fince the Con- 
 queft, all of them fpending what they had, or could get from 
 the people, in the maintenance of their Patrimony,or their own 
 Lufts: if any over-plus was either gained by, or faved from the 
 game, their Executors might be the better for it, their Heirs 
 were not ; But Edward the Third had a new game to play, he 
 rauft gain his right by his Sword, or he muft lofe it j his Spirit 
 was too big to lit ftill and bear blows: and yet pre-adviling 
 himfelf about the poverty of the people, and that their pati- 
 ence would be fpent foon after their fupplies , if they continu- 
 ally fa w much going out, and nothing coming in i he had a 
 rule upon his private expences,a good glofsupon the publick, 
 and a platform for the augmenting of the Treafure of the 
 Kingdom, as well for the benefit of the people, as of the 
 Crown. In order to the firft, it is confiderable, that the Royal 
 Family was great and numerous above all his Predeceflbrs ; 
 that befides the King and Queen who were of a gallant and 
 accompli(ht deportment, they had a Son, a Prince of as great 
 renown as ever Prince had,8c he alfo a Family fuitable to his ge- 
 nerofity ; that they had other children, every one like their Fa- 
 ther,both for War and Peace»and that for the maintenance of all 
 thefe,the expences muft be in reafon larger than formerly they 
 
 were 
 
The gov er ft' r Edw. 5, ^ Kingr of 65 
 
 ment of I Rich. 2. 5 England. 
 
 were wont to be > neverthelefs, becaufe purveyance for the 
 
 King had already fvvellcd fo big, that all other oppreffions ^ 
 
 feemed to be fwallowed up into that one, the King to moderate 
 
 the rigour thereof made nigh twenty Statutes, Hrll excluding ^ E.-^.c,^. 
 
 all fervants at wages •, and Horfes and Dogs which were put to 14 £• 3 c. 19. 
 
 board with the Sheriffs: then reducing the purveyance only 54 £.3^^/'. i. 
 
 tQthe Families of himfelf, his Wife, and Children, then to the >^ ^- 3* ^' *• 
 
 Families of himfelf, the Qaeen, and Prince : and in the levy ^' ^' 
 
 hereof, fome mens ertates were abfolutely privileged, and fome 
 
 kind of goods, as fliccp before (liearing, and Trees about the 
 
 dwelling houfe. Nor is the fettling of the manner lefs conii- 14'^. ^.f.i. 
 
 derable. It mufl: be levyed by Authority in writing under the m ^- 3- c- ^\ 
 
 feal : and it mull not be taken againlt the owners will, or up- ^ ^S' 
 
 on malice > nor muft be fpared for reward •, the price muft be "^ ^'J''^' ^' 
 
 the fame with the true Market-prices the meafure according ,^i""l\.', ^* 
 
 to the common meafure ftricked , and the payment mull hQ]^E.-.c'aPz- 
 
 immediately , if the price be under twenty Shillings , if a- 28 E. 3. c.ii 
 
 bove, it murt be made in a quarter of a year, and no man m\ii\ 
 
 charge more carriage than is necclTary, and thus was this wild 16 E.i,caf.i. 
 
 Ivy of purveyance that like fome kinds of plants fpreadsover 
 
 all, by rooting up and cutting down, brought into fome kind 
 
 of fathion, that if it did no good it might do the lefs hurt 
 
 unto the people. 
 
 Secondly, although it be true that E^jv^r^i the Third was 
 a King of many Taxes above all his PredecefTors , yet cannot 
 this be imputed as a blot to the honour of the Law , or liber- 
 ty of the people i for the King was not fo unwife, as either to 
 defire it without evident caufe, or to fpcnd it in fecret or upon 
 his own private interelts, nor fo weak and irrefolved as 
 not to employ himfelf and his Souldiers to the utrcoil: to 
 bring to pafs his pretentions, nor fo unhappy as to fail of 
 the dcdrable iffue of what he took in hand : (b as though the 
 people parted with much money , yet the Kingdom gained 
 much honour and renown, and becoming a terrour to their 
 Neighbours, enjoyed what they had in fuller fecurity , and fo 
 were noloofers by the bargain in the conclufion. Secondly, 
 although they parted with much, yet nothing to Prerogative 
 
 M b-t 
 
55 The govern- ^ Edw. 5. ? Kings cf 
 
 mcnt of i Rich. 3. V England. 
 
 but in a Parliamentary way i and fo it was not taken but given. 
 Thirdly, though the Taxes were frequent, yet but light > for 
 frequent light Taxes fteal inferfibly without regret, and as they 
 grow into matters of courfc, fo they meet with acceptance of 
 courfe. Two things made them of light account. Firft,they 
 were not Taxes altogether of Money in kind, but of goods, 
 fuch as the fheaf and fleece, and fuch like things, whereof the 
 ownerOiip is vifible, whereas many are fuppofed to have Money 
 ^L-l-c^x' • ^yhjch have it not, but muft borrow it or fell their goods at an 
 underrate many times to accompliGut for the payment of 
 their Taxes. Secondly, thefe Taxes were aiTclTed by the 
 Neighbourhood, and not upon extremity of Survey, by Com- 
 millioners, who many times are fubje6t to mifcarry upon 
 grounds of private Intereft, or for want of due information,or 
 by making more hafi: than good fpecd. 
 
 Thefe Taxes like wife were reduced to the ancient rule , ac- 
 cording to the Statute of ^/^fj?wm/ffr the Hrrt. And thus did, 
 this King fhcwhimfclf truly Royal in demanding his Taxes 
 scJE, ^. c.ii. upo" evident grounds of State, levying them with a tender 
 hand, and employing them to their right end. 
 
 Thirdly, that which digefted all, and bred good blood, was 
 in that the people had quid pro quo^ by the advance of Trade, 
 wherein the King fliewed himfelf the Cape Merchant of the 
 World. Certainly, mens parts in thefe times were of vaft 
 reach, that could manage fuch Wars, fettle fuch a Government, 
 and lay fuch a foundation of a Treafury by Trade, a thingne- 
 ceffary to thislfland, next unto its own being, as may appear, 
 not only in regard of the riches of this Nation , but in regard 
 oftheftrength thereof, and in regard of the maintenance of 
 the Crown i the two latter of which being no other than a 
 natural effluence of the former, it will be fufficient to touch 
 the fame in order to the thing in hand. Now as touching 
 that, it's evident that the riches of any Nation are fupported 
 by thcConjundure of three regards. 
 
 Firft, That the natural Commodities of the Nation may be 
 improved,. 
 
 , ^ iSecondly, 
 
The Govern- C Edw. 3. ^ Kirgs tf 57 
 
 went of I Rich. 2. | England, 
 
 Secondly , That the poorer fort of people , be fct a 
 work. 
 
 Thirdly, That the value of Money be rightly ballanced. 
 
 For as on the one part, though the people be never fo la- 
 borious , if the natural Commodities of the Ifland be not im- 
 proved by their labour, the people can never grow much 
 rkher , than barely for fubliftence during their labour ; fo 
 neither can the improvement of the natural Commodity 
 inricli the Kingdom, fo long as many mouths are fed 
 upon the main Itock, and wafte the fame by idlcnefs, and 
 prodigality: Nor though both thcfe (hould concurr , yet 
 cannot the Kingd<im be faid truly to be rich, utilefs by in- 
 tercourfe and Tr3ffick , there bean emptying out of the fu- 
 perfluity of fuch Commodities by way of barter, or other- 
 wife, for fuch Foraign Commodities, whereof this Nation 
 fiandeth in moll need , for fupply of all occalions. For God 
 hath fo attempered the whole Regiment of the earth , in fuch 
 manner, that no one Nation under Heaven, can well and 
 comfortably fubllrt in , and by it feU", but all muft give and 
 receive mutual Commodity from each other : otherwife, 
 fuperfluity would make any Commodity ( though in it felf 
 never fo precious J vile-, and little conducible to the in- 
 riching of the Nation. Now for the compading of all thefe 
 the Wile Men of thcfe times, Hrft took into their confide- 
 ration the principal Commodities of this Kingdom , and be- 
 caufethcy found them impounded in the Staple , they fet all 
 at liberty to buy and fell the fame as they pleafed : And - ^- 1- -^fr* 
 thus began a Free-Trade ut Wool, throughout the Realm, 
 and matter for em.ploymcnt by every man that would : but 
 this continued not long. The people foon had Commodity 
 enough for work , and Kings liked too well of the reftiain- 
 ingof that liberty, in order to their own benefit, and foon 
 found out occafions to reconcile the rcafon of State with 
 their own Intcrelfs, and at length fettled the Staple in cer- 
 tain places in feveral parts of the Kingdoms but this ex- -: ^^ichic.)', 
 tended only unto the Commodities of Wool, Leather, and 
 Lead j for as yet the Manufa(5lures were not come to Matu- 
 
 M 2 rity. 
 
68 TheGoverti- 5 Edw. 5. 1 Kirtfis of 
 
 went of "2 Rich. 2. i Ergland, 
 
 rity. Secondly, the endeavour was ro advance Manufadlure, 
 and principally fuch of them as are made of the Staple Com- 
 modities^ amongfc all which. Wool had the precedency , as 
 being the moit principal and ancient Commodity of the 
 Kingdom i and the Manufadure of Wool of long ufe , but 
 had received little encouragement before thefe times. For 
 that it formerly had been the principal flower in the Flemifh- 
 Garden, and nouriihed from this Nation, by the continual 
 fupply of Wool that it received from hence, which was the 
 principal caufe of the ancient League between the Houfe of 
 Burguridy , and this Crown. But Edward the Third , was 
 now too well acquainted with the Flemings Affairs , by a 
 joynt Engagement with them in the Wats of France^ and 
 therein had gained fo good an opinion amongfl: them , that 
 he might adventure to change a Complement for a Courte* 
 f]e. The Staples beyond the Sea were now taken away , he 
 now inhibiteth the Importation of Foraign Cloaths, and 
 nE.\ cwj.z: having gained thefe two Ikps on ward of his way, he repre- 
 , " ' fentsto the Flemings their unfettled Condition, by thefe bor- 
 
 dering Wars with Trance^ the peaceable Condition of 
 England^ and Freedom of the peoples then propounds to 
 them an Invitation to come over into England ^ promifeth 
 them fliare and (hare like with his own people, with fuch 
 other Immunities , as they take his offer, come over , and 
 brought their Manufadure with them , which could ne- 
 ver after be recalled : So as now the Wool , and Manu- 
 fadure dwell together , and like to Man and Wife, fo long 
 as they care for one another, both will thrive, but if they 
 come to play their games apart i both will be lofers in the 
 Conclufion. 
 
 The third i\ep to the advance of Trade, was the Expor- 
 tation of the furplufage of the Staple Commodities, that re- 
 mained over and beiides that proportion that fhculd fuffke 
 for theManufaduresi to which end, it was ordered, that no 
 Wool (hould be Exported till it had remained, at the Staple 
 31^.3.^.8.. by the fpace of fifteen days. That time was neceffary, and 
 longer time might have been Convenient, but. that the 
 
 . Markets 
 
The Govern' C Edw. 5. ? Kings of 6^ 
 
 went of 2 Rich. 2. $ England, 
 
 Markets beyond the Sea could not be delayed longer time, 
 without much damage to the Merchant and Owner, for as 
 much as Winter-time is no time to prepare Wool for the 
 Manufacture , and by over-long continuance of the Commo- 
 dity upon the hand of the Merchant , or Owner, both the" 
 Commodity , and the Manufadlure might furfeit, lyeindc- 
 fpair, and Trade choaked thereby. For it's a neceffary prepa- 
 rative to Trade , to keep the Nation in fomc kind of hunger 
 after the Staple Commodities, fo as the main ilock be not 
 too great to occupy , and yet to leave enough to ufc. But 
 becaufe this Nation formerly had been, and as yet were ufcd 
 too much to Foraign Manufadures, the Importing of which, 
 did debafe the Home-made Manufa6tares, and difcouraged 
 that work \ therefore the Law was made to reduce the va- 
 nity of Apparel , Cwhich infedled thefe times) to more So- 
 briety. 
 
 Some delight in Foraign Commodities, and Manufadures, is- 
 doubtlefs prohtableboth tor Trade and Shipping i fo as what 
 is Imported , exceeds not what is Exported : for too much 
 of that makes the Domedick Commodity contemptible, the 
 Nation poor, and the people want work , becaufe it's a noted 
 vanity of this Nation, That they love things far fetcht , and 
 dear bought. Asa cure therefore to this difcafe , Englifh ., £ . ^, 
 Cloth by Law isenjoyned to be worn by all perfons, under the 
 Degree of a Lord, and fo the former Inhibition of Importati- n E.-.c.z 
 on of Foraign Cloths was rtrengthned thereby. And becaufe 
 theEnglilh Clothiers (hould not take advantage hereby, to 
 raife the price of their Cloths to their own covetous pin 
 
 Therefore the Law alfo fettled a certain price and meafure, and ^ ^ 
 thefame before fale was to be allowed upon view, and for the 7 i?,^/,^^ J^''' 
 goodnefsof the Cloths, and perfedt working thereof i Laws lyRichz'.c.'z. 
 
 were likewrfe madeagainft Exportation of all fuch as were 5o£.ycap7. 
 not perfedly made. 
 
 A fourth ftep in the advancement of Trade, was the com- 
 pelling men to work i for when publick employment calls 
 men torth for fervice in the Field i their minds once in Com- 
 motion, or upon the Wing, can hardly fettle any where , or 
 
 iloop 
 
70 The Govern* C Edw.^. o Kings of 
 
 ment of l Rich. 2. j EMghftd, 
 
 i-^oop to the Perk again , unlefs upon hope of prey or gain 
 to be gotten thereby. Such were the times oi Edward the 
 Third, wherein partly for that caufc, and partly for the fcarcity 
 of men left from the Sword and Peftilence , not only work- 
 men were fcarce and dear, but even the Mafs it felf was 
 grown (lately, the private delights of Kings and great Men, 
 and fcarce vouchfaling to be fcen by common gaze , but at a 
 great diftance : The Priefts had little Charity, and the poor 
 had as little money j fo as no peny,no Vater Nojier. A fick and 
 ,^ very crazy time quefiionlefs was it, when the Clergy were 
 
 3^ S'^- ■ ihtely, and the poor idle. The Priefts wages for this caufe,are 
 now fettled, and they that would get much, muft get many 
 littles, and do much : but the greater fore was amongft the 
 poorer fort i either they would net ferve, or at fuch wages, as 
 ^^^'^.^^"^•-^' could not confift with the price of the Cloths, and the fub- 
 tc). z.c. fiftence of the Clothier. Lawsiherefore are made to compel 
 them to work, and to fettle their wages h fo as now it's as be- 
 nehcial to them to ferve the meaner fort of Clothiers, as the 
 richer fort; For the Mafter muft give no more, nor the Ser- 
 vant take more, and thus became labour currant in all places. 
 
 »' 
 
 A fifth means io advance Trade, was the fettling of a Rule 
 upon Exportation and Importation ; this wrought a double 
 eifedt. Viz. The enriching of .this Kingdom with Foraign 
 Commodities, and the maintaining of Shipping , which was 
 and is a principal means, not only of riches , but of ftrength 
 unto all Sea- bordering Countries, efpecially regard being had 
 to thefe three coniiderations. 
 
 Firft, That Importation do bring in more profit , than Ex- 
 portation disburfeth. 
 
 Secondly, That both Exportation,and Importation be made 
 by Shipping belonging to this Nation,fo far as may confiil with 
 the benefit of this Nation. 
 
 Thirdly, That the Exportation be regulated to the overplus, 
 fav ing the main ftock at home. The truth of the firft will be e- 
 vident from this ground, That no Nation can be rich that re- 
 ceives more dead Commodities from abroad, than it can fpend 
 
 at 
 
The govern' r Edw.g, ^ Kings of 7 1 
 
 fficnt cf "^ Rich 2. 5 Englavd, 
 
 II, ■ - ■ -. ■ ■ ■ ■ . ,.,■■■ \ 
 
 at home.cr vend intoForaign part?,crpecially if it be vended in 
 its proper kind, and not in Moneys and therefore liie Laws 
 provided, that no Merchant fliould Export more Money, than ^7^-1' 
 he Innporteth,and what he doth Export muft be of tlie new 
 ftamp, which it fcemeth was inferiour in value to the old : yet 
 the times may prove fo penurious, that this rule may be waved 
 for a feafon. 
 
 The fccond is no lefs beneficial i for as it is in War, fo in all 
 Trades ••, the greater the number is that is employed, the more 
 effectual the llTue will be: and therefore though it in the ge- 
 neral be more beneficial, that all Exportation and Importation 
 might be by our own (hipping*, yet in regard times may be 
 fuch, as now they were, that the (hipping of this Nation is 
 more thin ordinarily employed for the fervice of the State.* 
 And that every Nation (^riveth to have the beneht of Expor- 
 tation by Vcffcls of their own. 
 
 And La(Uy, in regard the cafe may be fuch, as Importation 
 may be, at a cheaper rate by Foraign Ve(rcls, and Exportation 
 likewi(e may (or the time be more prejudicial to this Nation, if 
 done by our own fhipping, than thofeof other Nations. There- 
 fore the courfe mu(t be changed, fo far forth as will (}and with 
 the occafionsof the State, and common profit of this Nation. 
 And for thcic caufes, and fuch like, in the times whereof we 
 now Treat, the Laws often varied i fometimes no Staple Com- ^^ ^- 3- 
 modity muft be Exported in EngliHi bottoms \ fometimes all ^\\^'^''^'. 
 mu(\be done by them, and within a year again that liberty ^ ^)'J"^ ^*^] 
 was re(\ rained i and after that, liberty given to Foraigncrs to i^T^icb.z.ci^ 
 Export as formerly. 
 
 The third and la(i Confidcration is as ncceffary as any of 
 the former ■-, for if Trade be maintained out of the main 
 ll:ock, the Kingdom in time muO: needs be brought to penury, 
 becaufe it is their Magazine: and for this caufe it was,j£ --.c.S, 
 provided, that all Wool (hould remain at the Staple fifteen ^ ■ >• • * 
 days, to the end it might be for the Kingdoms ufe : if any one 
 would buy, they muli do it within that time , otherwife it 
 might be exported. 
 
 The 
 
72 The govern- S Edw, 3. 1 Kings of 
 
 ment of L Rich. 2. 3 England. 
 
 6» The fixth means of advancement of Trade, was the fettling 
 
 of the Staple j for as it was an encouragement to the firft efta- 
 bli(hingof the Manufadture, that the Staples were let loofe, fo 
 when the Manufadures had taken loot , the Staple efpecially 
 now fixed to places within this Kingdom,broug,ht much more 
 encouragement thereto. 
 
 Firft, For preferving a full Market, for whilft the Commodi- 
 ty lies Scattered in all places, the Market muft needs be the 
 leaner i partly in regard the Commodity lies in obfcurity , and 
 partly becaufe when it is known where,yet it's not eafily difco- 
 vered whether it be vendible or not » and befides fmall parcels 
 are not for every man's labour5and the greater are not for every 
 man's money. 
 
 Secondly,Staples are convenient for the dating of the general 
 price of the Commodities i in regard the quantity oi the Com- 
 modity is thereby the more eafily difcovered, which commonly 
 makeththe price. And the quantity of the Commodity thus 
 difcovered will not only fettle the price to it felf,but alfo bal- 
 lance the price of the Manufadure. 
 
 Thirdly, The Staple having thus difcovered the quantity 
 of the Commodity , will be a ready way to fettle the quan- 
 tity of the main Stock, that muft be preserved , and regulate 
 Exportation as touching the over-plus. But it cannot be de- 
 ryed that the tirft and principal mover of the making of the 
 Staple, was the benefit of the Crown : for when the Com- 
 modity was gone beyond the Sea , it importeth not to. the 
 Subjeds in England^ whether the fame be fold at one place, 
 or more, or in what place the fame be fettled, until the Ma- 
 nufadure was grown to fome ftature \ and then the place be- 
 came Litigious. The beneht of Exportation pretended 
 much interert in the fettling thereof beyond the Sea , but in 
 truth it was another matter of State > for when it was be- 
 yond Sea, it was a moveable Engine to Convey the King's 
 pkafure or difpleafure, as the King pleafed » for it was a 
 great benefit to the Countrey,or place where ever it fettled » 
 orelfe it moved or ftayed according to the inclination of the 
 people where it was, either for War, or Peace. But on 
 
 the 
 
TheGovefn- c i Edw^ 5. ^ Kingt of 75 
 
 Msniifif I Rich. 2. f England. 
 
 thecontr^ry, the. Intereft of the people began to infcrpofc 
 ftrongly : ^nd for thefe Caufes the Parliament likewife in- 
 termedledjn the place •> and thus the Scene is altered; fome- 
 times it's bcypnd the Seas, in one place, or in another : fome- 
 timesin.E«:^/j»^. In Efi^a?jri the Third's time , we find \t ^> E.-^.a^^.j 
 fometimcsatCj///, fometimes in England: In Richard the ^'' ^i^-b i!ca6 
 Second's time, we find it again beyond the Seas, at Middle- ^-^ ^Ki.jr.u, 
 bufgh^ thence removed to Calis , and after info England: 
 where at length the people underftood themfelvcs fo well" 
 that the Parliament fettled the fame, it being found too bur- 
 thenfome for the Manufacflures to travel to the Staple be- 
 yond the Seas, for the Commodity that grew at their own 
 doors , belides the inhanling of the price , by reafon of the 
 carriage, which falling alfo upon the Manufacflures , muft 
 needs tend to the . damage of the wh^le Kingdom. ' This 
 was one way indeed, ^nd yet pollibly another might have 
 -been found > for if a Computation had been made of the 
 main Stock, and a Staple fettled within the Kingdom for that 
 and the over- plus Exported to a Staple beyond the Sea,it might 
 have proved no lefs commodious, and more complying. It 
 is very true, that there are many that call for the liberty of 
 the people, that every man may fell his own Commodity as 
 he pleafes i and it were well that Men would confider them- 
 felves as well in their Relations , as in their own perfonal re- 
 fpeds ; for if every man were independent, his liberty would 
 be in like manner independent i but fo long as any Man is a 
 Member of a Common- wealth, his liberty mull likewife de- 
 pend upon the good of the Common- wealth i and if itbenot 
 good for the Nation , that every Man ftould fell his own 
 Commodity as he pleafethi he may claim the liberty as a 
 Free-man , but not as an Englidi-roan •, thor is that liberty juil 
 fo long as his Countrey hath an intereft in his Commodity 
 fork's fafety and welfare, as in his own perfon. I do not '"*'' 
 
 afTert the manner of buying the Staple Commodities , by 
 Merchants of the Staple, to fell the fame again in kind for 
 their private advantages divers limitations muft concurr to 
 faveitfrom an unlawful ingroffing-, nor doth it appear to 
 
 N mc 
 
74 
 
 Tl^ govern-, '^ i Ed w; 3 . . -^^ «^/if^i of 
 metit^f r <,! Rich^'2. \i.Eii^Und, 
 
 me that the Staplers in thefe times ufcdiuclvcourfe^ or were o* 
 ther thin mcer Olticers for the regulating of the Staple, in na- 
 ture of a. Court of Piepowders, beiorgirg to fome Fair , or 
 Market:. Neverthelt(>, I poi^j^dure that it may well be made 
 evident from principles of 5tate, that Mart, Markets, ard Sta- 
 ples of Couimoditfes,..ttsi«ar'eof the proper OlV-fpring of this 
 Nation, are as neccilaiy tq Tirade, as Conduits are to placg^s 
 ihit want waterj J s. Lnc , vAv.: ,'.;s>».^i 
 
 Theftventh.ard'Jaft-nrtanschat wasfet en foot in thefe 
 '• tioiCs , forihe advar.ce of Trsde, was the regulating of the 
 
 Mint, and the currant cf N^'oney. This is the life and foul of 
 Trade, for though excharge-of-Comjr.odities n^ay do much, 
 yet ic canpotbe for all, becaufe it is not the lot of all to have 
 ex^liapgeahJeCoiTrmodities, nor to work for Apparel, and 
 Visual. Now irLi-he.iTiari&gingttf this trick of M<5ney, two 
 things are principally tooke-d unto i Fkft, that the Mon^y be 
 1^ i-'.3 Jf.?/ 5 good and cijrrajit. -Secondly, that it (hould be plentiful. As 
 c-p. 15. touching the excellency of ihid'Mori^y,' federal Buks were 
 
 6 f. ^.cjp. 2. i-nade,as againft.embatingof Money, againft Foraign Money 
 ^ 3- not made currant,,againft. counterfeit and falfe M<>r.«y;- For ac- 
 
 cording to thegoodnefs oi 'the Money, fo will the' Trad€ be 
 more or lefs, for the Merchant will rather lofe inthe pfice-of 
 his Commodity in Money, than in exchange for other Commo- 
 dity, becaufe the value thereof is lefs certain, ■ and the Tran- 
 fpprtation more chargeable. •■ ' • ■' j^"^-> ' loi -.rKv., 
 
 Secondly, as touching the plenty of Moiieyi,that1s as iieceff^ 
 ry to the advance of the Trade, as ^ the goodnefs of it : for 
 according to the plenty thereof, will be the plenty of the Ma- 
 nufadures, becaufe Handicrafts* men having no Commodities 
 but their labour, cannot yvork for exchange, nor can exchange 
 fupply Rents and maintenance to the greater fort of people. 
 To this end therefore itis provided againrt melting'of Money, 
 ^ \vh ^'^ *"^ Exportationof Silver and Gold : And yet to encourage 
 ^ " '^' ■ ■ or not difcourage Importation of Silver and Gold, liberty was 
 given to every man ta Export fo much as they did Import, pro- 
 vided that what they carry away^ mufi be of the new ftamp, or 
 lyJipted in this Nation. By thi$ means Bullion^ ceime iR with 
 
 proba- 
 
fftetjftf t Rich.' 2. ^England, 
 
 probability, that much thereof would remain in the Nation in i? -£". 3. 
 lieu of Comrnoditics exported, or if not, the greater part \ yet 
 at leaft the Mint gained, and that was fome benefit to the 
 Nation. 
 
 Thirdly, for the fuller currance of the Money, the IfTue was 
 cftablifl^ed infcveral parts of this Kingdom, according to the 
 ancientcuflom, and this was advantageous both to the Mint, 
 and to the (lock of Money in the Kingdom. This eftabliOi- 
 rnent was with this difference, that though the Mint was fetti- ^^ e -s c 6 
 ed by the Parliament, yet the Exchange was left to the Di- 
 reilory of the King and his Council s becaufc the Exchange is is i:. ?. c,'4 
 an uncertain thing, fabjedl to fudden alteration in other ^ii\- ^<; E.i.Stat.^ 
 ons,and it's neceffary that in this Countrey it be as fuddenly cjtp.n. 
 ballanyed with t|ie Exchange in other Countreys, or in a fhort 
 time^ the,Natidn may receive extreme damage. In regard 
 whereof, and many other f^adden exigencies in Trade, it feem- 
 cth to me convenient, That a particular Council were erta- 
 bliO^ed for continual influence into all parts of thefc Dominions 
 to take into conljderation the quantity of the Staple Commo- 
 dities, neceflfary to be retained as a Stock at home, for the ufe of 
 the people^ and the Manufaduresi and accordingly to ballance 
 the Trade of Exportation and Importation •> by opening and 
 enlarging, or flatting, and ftraitning the Streain , as occafion 
 doth require. 
 
 And laftly, to watch the courfe of the Exchange in Foraign 
 parts, and to parallel the courfe thereof: in this. Land thereto; 
 Forotherwife, thepublickmuft neceffarily fuflTer, To long^ as 
 private men feek their own particular intererts 'only in their 
 courfe of Trade. 
 
 -LL 
 
 N2 CHAP. 
 
75 The govern- 1 Edw.3. 1 Kings of 
 
 tftent of I Rich.2. i England, 
 
 CHAP. VIII. 
 
 OfLcgiance^dndTreafon, vpJth fomeConftd&ations 
 upon Calvin'/ Cdfe» 
 
 AS times change manners, fo do manners change Laws; 
 For it's the uifdomof a State, when it cannot over- 
 rule occaiion,to purfue and turn it to the bcft iflTue it can. 
 Multitude of Laws therefore are not fo much a fore to the 
 people, as a Symptom of a fore people i yet many times 
 Laws are faid to be many, when as they are but one,f 
 branched into many particulars, for the clearing of the peor'^ 
 pies underftanding, r who ufually arc not ejicelldnt in-di-' 
 lUnguifhing,^ and fo become as new Plaiflers made of an old 
 Salve, for fores that never brake out before. Such fore limes, 
 were thefe, whereof we now Treat, wherein every, touch 
 made a wound, and every wound went to thcheart,and made 
 the Category of Treafon fwell to that bignefs , that it became 
 2.W individuum vagumyhz-^ox-idiz\\x\i\Q^ hut the^ prefcnt ience' 
 of timerous ]ijdges,and atouchy King. Thus were many of 
 the ignorant and" well-meaning people in an hideous danger of 
 the gulf of forfeiture before they found themfelves , r»igh the 
 brim. (V"5 "IT-I'^^'^ ^■'' '''■''"•" -i/tl"'''^''>^ 
 
 All men do agree that Treafon is a wound 6F-'Mijcfty', But 
 all thedoubtis,. where this Majefty refteth originally , and 
 what is that Legiance which is due thereto , the breach where- 
 of amounteth to fohigh a cenfure -. for fome Men place all 
 Majelty in one Man , whom they call an abfolute Monarch. 
 Others in the great men, and others in the people , and , fome 
 in the concurrence of the King and body of the people : and it.. 
 35 a wild way to determine all in one conclufion , when as the 
 fame dependeth wholly upon the conftitution of the body i 
 look then upon England in the laft pofture, as the rigi- 
 der fort of Monarchial politicians do, and Majefty willnever 
 bcin glory, but in the concurrence of the King and Parlia- 
 ment, 
 
The govern- j Edw.5, ^ Kings of 77 
 
 meftt of I Rich 2. 3 England, 
 
 ment, or convention of Eftatcs, and fo upon the whole account 
 it will be upon the people.^ whofe welfare is the fupreme Law, 
 Jxowfhad Kings, Confuls, Did-ators , Decemviri, and Tri- 
 bunes long before the Orator's time, and he faw the foundati- 
 on of an Empire , or perpetual Did-atorfliip in the perfon of 
 the firft of the Cjifarj \ any of all which might have challeng- 
 ed the fupremacy of Majefty above the people : and yet the 
 often change of Government (hewed plainly that it refted 
 upon another pin i and the Orator in cxprefs words no 
 left i when fpeaking of the Majefty of that Government, he 
 allotteth it not to thofe in chief command , but defineth it 
 to be, magnitudo 'populi Komani •■, afterwards when the pride of 
 the Emperours was come to its full pitch in the times ot JttgH- Cie.pjrtit. 
 jius and Tiberius i an Hiftorian of thofe times in the life of ^i- (^rat, 
 Apr/K/ tells us , that he declared the bounds of Treafcn to be 
 determined in three particular inftances, of Treachery againft 
 the Army i vSedition amongft the people, and violating the 
 Majefty of the people c^Kome \ in all which men were not pu» 
 nitliable for words, but adions and endeavours. I do not 
 Iierein propound the Government of the Pxoman Empire as a 
 model for E>/^/<i«a ,but a majori , may conclude , that if the ^9; .,^;^ ^^ ^ 
 proper feat of Majefty was in the people of Kome when Em-^atL popJi 
 perours were in their fulkft glory, it's no defacing of Majefty Romanhmnu 
 in Engl a ft J to k3it it upon the whole body, from whom the #^ Tacic. 
 fame iscontraded in the reprefentative^and fo much thereof ^"' J- 
 divided unto the perfon of the King , as any one member is 
 capable of, accordingto the work allotted unto him. Thefefe- 
 veral feats of Majelly making alfo fo many degrees, do alfo 
 imply as many degrees of wounding,for it's written in nature, 
 that the offence tending to the immediate deftruClion of 
 the whole body is greater than that which deftroyeth any one 
 member only , and when the written Law maketh it Treafon 
 tocompafs thedeftrudionof the King's Perfon, it leaveth it 
 obvious to common fence , that it's a higher degree of 
 Treafon to compafs the deftrudlion of the reprefentative 
 and above all , to deftroy the whole body of the peoples 
 crimes that never entred into the conceit of wickedncfs it 
 
 felf i 
 
yS The Go'&crn- C Edw.^i 7 Ki tigs of 
 
 ment of l Rich. 3^ J ErigUnd, 
 
 felf in thofc more innocent times 'j rraich Icfs Taw they any 
 caufe to mention the penalty by any written Law. Nevcrtht^-^ 
 kfs becaufc many fid examples had accurrcd within jhe mcmp-T : 
 ry of this prefcnt Age, of the danger of the perfon and houour , 
 of Kings i and yet on the other fide they faw that in fuch cafes 
 of Treafon the King's honour was made of reaching Leather, 
 and might eafilybe rtrained within the compafs of a wound 
 of Majcfty : therefore Edivard the Third imitating T'lher'iM^ 
 reduced the crime of wound of Majefty in the Perlon of the 
 King, into certain particular inftances , out of the compafs 
 whereof, the Judges of the Law in ordinary courfe mufl not 
 determine Treafon. Thefe concern cither the fafcty of the 
 perfon of the King, or of the fucceflion in the Royal Throne ^ 
 ^j £. i.StJt. or lartly, the fafcguard of the publick right by the board and 
 5- cap.z. Privy-Seal, the value of Money, and by perfon.s in matters of 
 Judicature judicially prefiding, all of them refleding upon the 
 king, confidered in his politick capacity i for otherwife many 
 crimes might have been mentioned , more fatally reHedring 
 upon the King in his natural capacity , which reverthelefs are 
 omitted as not worthy of fo high a cenfurc. Other Treafons 
 J7 !2^.i.».io, areleft to the determination of the Parliament as occafion 
 .:t- (hould offer it fclf, whereof divers examples of a new ftamp 
 
 5 ^^^*;^, accurred within forty years next enfuing,which were of a tem- 
 V'^^^fl''^ porary regard^and lived and died with the times. 
 t^t. n i^. 1. ^^ ^j^^P^ ^^^ notions of Majefty and Treafon, I muft add a 
 third, called Legiance, for it is that which Hiaketh Majefty to 
 be fuch indeed, and lifteth it into the Throne, and whereof the 
 higheft breach makes Treafon ; and becaufe that which hath 
 been already faid refledeth upon an opinion, or rather a knot 
 of opinions (for I find them not pundually adjudged) in Cal- 
 I'/VsCafe, 1 muft a little dcmurr to them; becaufe as their- 
 fence is commonly taken , it alters the fundamental nature of 
 the Government of this Nation from a Common- weal to a 
 pure Monarchy. In handling of this cafe the honourable Re- 
 porter took leave to range into a general difcourfe of Legi- 
 ance, although not diredily within the conclufion of the ca(ei 
 and therein htftfets down the general nature thereof, that 
 
 it 
 
The govern- C Edw.3. ^ Kings of 79 
 
 me»t of I Rich. 2. f England, 
 
 it is a mutual bond between an EngliOi King and his people \ 
 and then more particularly fets forth the nature of this bond 
 in the fcvcral duties of obedience and fealty, fo. 5. a. and 
 thofe alfo in their feveral properties, Viz, natural, abfolute, 
 /i, 7. a. due to the King omHiffuli, & femper^ f\ 12. >7. in his 
 natural and not publick capacity, fo, 10. a. whereas he faith, 
 this bond is natural, he meaneth that it's due by birth , fo. 7. a. 
 By abfolutefif Imiftakehimnotjhe meaneth, that it is in- 
 definite, /i;. 5. />. K/z. not circumfcribed by Law, but above 
 Law, and bctore Law,/'. 13. a, and that Laws were after 
 made to enforce the fame by penalties,/^. 13. b. and therefore 
 hcconcludeth that this legiance is immutable, ^7. 13. b. and 
 
 fo, 1 4. it. 
 
 Thus having ftated the point as truly as I can, both 
 far the nature of Legiance, and the objed thereof , Viz, the 
 King, and not the people, otherwife than in order to the 
 fafecy and hpnou; of the King's pcrfon, confidered in his na- 
 tural capacity as he is a Man > I fhall in the next place examine 
 the grounds as they are feverally fct down , and therein Chall 
 lead the Reader no further than the Reporters own concellions. 
 Not troubling the Reader with any doubt, whether tiiiS bond 
 <:onfills in obedience only, or in that fealty: and in all ihall 
 ever be mindful of the honour of that Pen with which Lhavc 
 to deal. 
 
 Firrt, whereas it isfaid, that Englith Legiance is natural, 
 and ground-ed upon the birth of each party within the King's 
 D^miinions and protedion, it needeth no debate, fo as the fame 
 be taken, fano fenfn^ Viz. for a qualitied Legiance beared ol^" 
 thofe fublimities of abfolute, inderinite, immutable, ^c. for 
 otherwife if fuch a high ftrain of Legiance be due from every 
 EnglilTi-man by birth i then all the Magna Cbarta^ or Laws 
 concerning the Liberties of the people come too late toqualilic 
 the fame, bccaufe they cannot take away the Law of nature 
 /. 14. ij. and thus the party once born Engliih muft for ever 
 remain abfolutely obliged to the King of EngUnd^ although 
 haply he lives not two Months under his protedtion all his en- 
 . fuing life time. 
 
 • Secondly, 
 
8o The Govern- c Edw.3. 7 Kings of 
 
 ment of I Rich. a. J England, 
 
 Secondly, the Legiance of an Erglifh- man to his Khig arifeth 
 fronn that civil Relation between the two callings of King and 
 .SubjedV,and therefore it is not a natural bond which cannot be 
 taken away. The rtrft is true by the Reporter's own con- 
 cedions > Pntedij trabit fuhjedionem ^ & fubje^io protedio- 
 nem \ fo he faith, fo. 5. a, fo, p.b, and therefore though it be 
 granted that MagiAracy in general is from nature, as he faith, 
 fo.i^. a. yet of weak birth is that inference which he maketh, 
 Viz. That Englitli Allegiance is a principle in nature. Unlefs 
 itbealfo admitted that all Men on earth that fubmit not to 
 Engli(h Legiance do fin againft nature. The difference then 
 •will ftand thus , Magiftracy is founded in nature, therefore 
 Legiance alfo. But Englifh Magiftracy is from civil conftitu- 
 tion , therefore is Englilh Legiance of the like nature. In the 
 next place, the Reporter faith, that before any municipal Law 
 was made. Kings did <:/<jrej«rj, and he mounts as high for an 
 example as the Trojans Age by the Tefiimony of Virgil : but I 
 believe he intended not much ftrength in this, feeing it's well 
 known by any that knows the Scriptures, that there were mu- 
 nicipal Laws given,and that concerning the office of a King by 
 Mofef^ which were more ancient than thofe of "troy^ and long 
 before the time of Virgil^ who neither tells us in what manner 
 thofe Trojan Laws were made, though the Kings gave them, 
 nor if all were according to the Reporters fence, is the tcftimo- 
 ny of a Poet (who fometimes ufeth his Poetica licemia) to be 
 taken in ^frw/«//. In the next place, the Reporter vouches the 
 Teftimonyof Fortefcue^c.i2.& 13. which is as abfolutely op- 
 pofite to the main point in hand , as any Pen can declare, 
 for he tells us of divers forts of Kingdoms, fome gotten by 
 Conqueft, as thofe of Nimrodsind Belus^&c. But faith he, there 
 is a Kingdom politick , which is by the afTociation of men 
 by confent of Law, making one chief , who is made for de- 
 fence of Law, and of his Subjeds Bodies and Ertates, and he 
 cannot govern by any other power-, and of this nature , faith 
 , he, the Kingdom of England is, fo. 30, 31,32. A iecond 
 -piece of the foundation of this opinion of the Reporter is 
 taken, ab inane^ it is a vain thing, faith he, to prefcribe Laws 
 
 ' but 
 
The Govern- f Edw. 3. -^ Kif/gs of ^i 
 
 ment of I Rich. 2. f England. 
 
 but where by Legiance foregoing people are bound to obey; 
 but this compared with the words o(Fortefcue^ formerly men- 
 tioned, falls of it felf to duft, and therefore I fliall not further 
 enlarge concerning it. 
 
 Thirdly , The Reporter brings in to help the matter , the 
 confent of the Law in elder times, by certain Cafes vouched 
 to that purpofei the firft concerning the Legiance of Children 
 to Parents , which cometh not to this cafe, bccaufe it is a 
 Legiance of Nature, and this Legiance whereof we fpeak i^s 
 yet under a litigious Title. And I fuppofe will in the con- 
 clufion be found to reft only upon a civil conftitution, therefore 
 I leave that. The fccond is, that a Man attainted and outlaw- 
 ed , is neverthelefs within the King's protedion^ for this 
 ffaith the Reporter) is a Law of ^ztuie^ hdelibilis 6^ immu- 
 tahilif^diwA neither Parliament nor Statute can take this power 
 away, /^. 13. ^. 14. ^. and therefore the Reporter concludes, 
 that as well the Legiance of the Subjedt as the protedion of 
 him by the King are both of them from the Law of Nature. 
 An opinion that fpeaks much mercy, yet it fcems ftrange, con- 
 fidering the Peni for if it be a Law of Nature, and immutable, 
 for the King to protedperfons attainted , then muft no fuch 
 perfonfuflfer, for if he be under the King's protedlion , that 
 being by a Law of nature, cannot be changed by any pofitive 
 Law, as the Reporter faith, nor can the King be fo bound 
 by any fuch Statute, but by a non objlante he can fet himfelf 
 at liberty when he pleafeth, and then the ifTue will be this, the 
 King hath a natural power to proted the perfons of Law- 
 breakers from the power of the Law , therefore much 
 more their Eftates \ and then farewcl all Law, but this of 
 the King's Natural protedion. I fay that thefe are of a 
 high f\rain , confidering what the Reporter fpeaketh clfe- 
 where. But to purfuehis inftance , he faith , that the King i i.Cv, fo. sg. 
 hath power to proted an attainted perfon , that if any ^-Co. fo. 20. 
 Man kill him without warrant he is a Man-llayer > and yet '^^ ^^ /'' ST- 
 this perfon attainted hath loft the legal protedion. i^^^'-Co. j\.,i6. 
 true, yet not to all intents, for by the fentence of the 
 
 O Law *t 
 
32 The Govern- ^ Edw. 3. > Kittgf of 
 
 went of ^ Rich. 2. 3 England, 
 
 Law, his life is bound up under the Law of that Sentence, 
 ^j H. 6. ^3. Viz. Ihat be muft net fnffer in other manner than the Sen- 
 tence determ'metb ^ nor before IV arrant of Execution ijjite forth 
 to that end. And notwithftandirg the Sentence, yet the 
 Law leavcth hin:i a liberty of Purchafc, or Inheritance, 
 though to the ule of the Crown , and therefore in fome. 
 refpeds , the Lawproteds his Pcrfon fo long as he lives, 
 and the King's Natural Protedion is in vain in fuch 
 Cafes. 
 
 Lailly , fuppcfe the King hath a power of Nonobfiante, if 
 the fame be allowed to hinn in a limited way by the Law , it is 
 no Argument to prove the King's natural power, which is dri- 
 ven at under natural Legiance, much lefsif it cannot be made 
 forth that the Law doth allow any fuch power of Non obliante 
 at all \ but by the iniquity of the times permitteth the fame to 
 fyblilt, only to avoid Contention, as it came into this King- 
 dom by way of Vlfurpation. And thus I have only difcovered 
 the Foundation of this lirftqualiHcation, which I fliall only 
 leave naked, fuppofing that no man feeing it, will build at all 
 thereupon. * 
 
 The fecond property that cometh to be confidered , is, 
 'that Englijh Legiance is abfolute^ fol. 5. b, fol. 7. a. which is 
 a word of a vaft extent, ferving rather to amaze men's appre- 
 henHons , than to enlighten them i and therefore the Re- 
 porter did well not to trouble himfelf or the Reader, in the 
 clearing or proof thereof, but left the point rather to be 
 believed, than underftood , nor (hall I in the Negative » for 
 God himfelf can have no other Legiance from an Englidi- 
 man, than abfolute Legiance j and Kings being (as other men^ 
 fubjcd taerr, efpecially in this point of Prerogative, are much 
 rather fubje(^ thereto, being milled by fuch Dodrines as thefe 
 are-, the Scripture determines this point, and cuts the knot in 
 t^g!,'i\\<). funder. 
 
 The third property of Englith Legiance, which the Re- 
 porter iniirteth upon , is that it is indetinite i ^hich he ex- 
 plaineth to be, Froprium quarto modo, fo as it both Univer- 
 fal and Immutable, /»/. 5,^'. fif, 12. and lieitner delined by 
 
 Tinie, 
 
■ - ■ ■ ■ 
 
 The govern- r Edw. 3, 1 Kings of 83 
 
 mentof i Rich. 3. 5 England, 
 
 Time, Place, or Perfon ; As touching the Time, and Per- 
 Ton, the Reporter enlarged not at all, therefore I (hall only 
 leave the Reader to chew upon the point , fuppoflng himfelf 
 in the Hrll times of Edward the Fourth, when Henry the Sixth, 
 was then alive i and let himrefolve to which of them his Le- 
 giance had been due, conlidering them both in their natural 
 capacity, as the Reporter would have it. BiK as touching the 
 place, it's reported that Englilh Legiance is not only due from 
 an Engli(h-man, to an EngliQi King in England i but in all 
 places of the King's Dominions, though other wife Foraign, 
 as to the power of the Law of England : yea , faith the Re- 
 porter, as far as the King's power of protedion doth extend. 
 And yet this had not been enough , if the Premifes be grant- 
 ed: for if thisLegiance whereof we fpeak be abfolute, and 
 omni foil & feniper^ then is it due to the King, from an Englifli- 
 man, ttbivis Gentittm. Neverthelefs , to take the Reporter 
 in a moderate fence i it is worth confideration, whether En- 
 glifli Legiance in the days of Edward the Third extended as 
 tar as the King's power of protedions when as he had the 
 Crown of France in a Foraign right to that of Eff^laud. In 
 this the Reporter is extremely pofitive upon many grounds 
 which he inlifteth upon. 
 
 Firft, he faith, that Verus and Fidelh are qualities of the 
 mind, and cannot be circumfcribed within the predicament 
 of Vbi i and upon this ground he might conclude , that this 
 Legiance is due to the King from an Engli(h-man all the world 
 over , as well as in all the King's Dominions j but concerning 
 the ground, it may be denyed, for though fimply in it felf 
 confidered asa notion, Verity or Fidelity are not circumfcri- 
 bed in place, yet being qualities of the Soul, and that being 
 in the body, in relation thereunto it may be in the predica- 
 ment of Vbii for where-ever that Body and Soul is, there is 
 Faith and Truth, according to it's model , which though not 
 abfolute, and indefinite, yet if according to the Laws of the 
 place wherein the Man is , he is truly faid to be Verns & 
 Fidelif. 
 
 Secondly, the Reporter argucth, that the King's protedicn 
 
 02 is 
 
84 The govern- ^ Edw. 5. > Kings of 
 
 went of c Rich. 2. V England. 
 
 13 not Local, or included within the bounds of Eif^/^w^V 
 therefore alfo is not the Legiance ; for, Proteclio trahit Le- 
 giantiam^ & LeghntU Trotedionem : Had this rcafon been 
 termed into aSyllogifm , it had appeared lefs valuables for 
 the protedion of an Englifh King, qua talis , of an EngUni" 
 man , is local and included within the bounds of the K4ng' 
 dam : But if tht fame King be alfo King of France , or 
 Duke of AqHitane- , and an Engl i(h- man (hall travel into thofe 
 partSj he islHll under the fame King's protedion , yet not as 
 Kinc' of Entiland^ but as King of France^ or Duke of Aqnitane^ 
 otherwife, let the pirty be of France^ or Aqu'itane^ or England^ 
 all is one, he muft be ( whether French or Englifli) under an 
 unlimited abfolute proteiflion , without regard had to the 
 Cuftoms or Laws of the place* yea, contrary to them; which 
 1 believe the Reporter never intended to affirm- 
 Thirdly, The Reporter falleth upon the matter in Fad, and 
 tells us, that the King of England did many times, Ve fa^o^ 
 grant protedions to pcrfons in places out of the Englifli 
 Confines, and it will not be denyed : But never was any abfor 
 luteand indefinite protedion fo granted*, for the protedion 
 extends to defence from injury, and all injury is to be ex* 
 pounded and judged according to the Laws of the place : Nor 
 do any of the Precedents vouched by the Fveporter clear , that 
 the King of England ^\^^x^^x.yZsK\x\^oi England^ Protedion 
 to any Engliflimanin any parts of the King's Dominion be- 
 yond the Seas, which was not qualified according to the Laws 
 and Cuftoms of -that place: efpecially it being apparent, that 
 an Englifh King may hold Dominion in Foraign parts in Le- 
 giance under a Foraign King \ as Edtpard the Third held the 
 Dutchyof Guien^ and therefore cannot grant abfolute pro- ^ 
 tedion in fuch place, nor receive abfolute Legiance from any , 
 perfon there being. 
 
 Fourthly , The Reporter faith , That the King of England 
 hath power to command his Subjeds of England to go with 
 him in his Wars, as well without the Realm of England^ 
 as. within the fame > therefore the Legiance of an Englilh- 
 
 man . 
 
The govern- i^ Edw.3, 1 Kings of 85 
 
 ment of I Rich. 2. 5 England, 
 
 man ro his King is indefinite, and not local, or circumfcti- 
 bcd by place, or within the Kingdom of England. Al- 
 though the firrt of thefe be granted , yet will not the infe- 
 rence hold , for pollibly this may arife from the coniHfution 
 of a pcfitive Law, and not from Natural or abfolute Legiance, 
 nor doth any Authority by him cited julliHeany fuch Legiance; 
 But I cannot agree the firrti for it is not true, that the King^ 
 hath any fuch power from his own perfonal intereft \ nor doth 
 the Atithori-ty-of former Ages warrant any fuch matter ; for a 
 t'ullcr difquifition whereot I (hall refer the Reader to the cle-- 
 venth Chapter enfuing, becaufe the JFhole matter concerning the 
 Mi/it ia Cometh thereto be handled in cottrfe. 
 
 Fifthly, To clofe up all the red, the Reporter bring5, 7he 
 I'ejiimony of the Judges of the Common Law out of theTejiimo' 
 ny of Hengham \ wherein an AViton was broni^ht by a French tvo' 
 man a^ainjian Englijh man,who refufed tg anfarer^ becaufe the 
 Plaintif tvas a French-woman^ and not of the Legiance or Faith 
 of England : This was difallowed by the Judges, becaufe Le- 
 giance and Faith was referred to England^ and not to the Kina,. 
 Thereupon the Defendant averred, that the riaintiff is not of 
 the Legiance of England^ nor of the Faith of the King : And 
 upon this plea thus amended, the Plaintiff gave over her Adi- 
 on. The Reporter from hence obferveth, that Faith and' Le- 
 giance is referred to the King, indefinitely, and generally •, and 
 therefore it is fo due to him. The reafon might have had more 
 forccj had the Ob jed: of Allegiance, or the nature thereof 
 been the point in queftion ■-, but neither of them coming 
 to debate, and Allegiance being fubjeded to England^ and 
 Faith to the King, I fee not what more can be concluded 
 from hence, but that Allegiance from an Englifli-man is due to 
 England^ and Faith to the King , which I fuppofe muft be in- 
 tended to be in order to that Allegiance-, becaufe by the former 
 pica, England had them both, and the King was wholly 
 left out in the Cafe. Neverthelcfs, I rather think that the pre- 
 fent^oint in controyerfie will receive little light here from on 
 cither part. . 
 
 We 
 
85 The govern- t Edw. 3. ^ Kings of 
 
 ment of I Flich. 2. 3 England, 
 
 We are now come to the fourth property of Englifh Legi- 
 arce, that it is due to the King's Natural Capacity, and not to 
 his Politick Capacity, or due to the Office of a King in regard 
 of the Perfon of the Man, 'and not to the Perfon in regard of 
 the Office, fol. 20. And becaufe this is of no fmall importance, 
 neither eafily undcrltood, nor granted: Therefore he backeth 
 his Opinion by many reafons, 
 
 Firft, he faith, that the King fweareth to his Subjeds in 
 his Natural Capacity, therefore the Subjed^s fweartohimin 
 his Natural Capacity. This reafon was intended to be taken 
 from Pvclatives, and then it fliould have been thus ; A King doth 
 fwcar to his Stihjeds in their Natural Capacity^ therefore StthjeCis 
 ftvear to a King in his Natural Capacity : but it being other wife, 
 it is miftaken, and proves not the Point. Yet if we fliould take 
 the Pveporter i« fam Senfu^ there is no queftion but the Oath is 
 made to the Natural Capacity y yet not Terminative,more than 
 the Oath of the Tenant to his Lord, which this Author pleafeth 
 to couple with the mutual dependence between King and Sub- 
 ject, fol. 4. ^. 5. a. Nor doth the Oath of an Engli(h-man bind 
 him to the Obedience of all, or any Commands , which the 
 King (hall give in relation only to his Natural Capacity, or in 
 oppofition to his Politick Capacity ; Nor will the Reporter 
 himfelf allow that the Politick Capacity of the King can be fe- 
 paratc from his Natural Capacity, fol. 1.0. And yet it is evident 
 that a King may in his Natural Capacity command that , of 
 which his Politick Capacity cannot give Allowance. 
 
 The fecond reafon of this Opinion is taken from the nature 
 of Treafon, which faith the Reporter is committed againft the 
 Natural Perfon of the King* and this is againft due Legiance, 
 according to the form of Indidtments, in that Cafe provided. 
 This is jiot demonftrative, becaufe that crime which is done 
 againft the Natural perfon of a Man may as well extend to it, 
 in relation to his Place, or Office i and fo may Treafon be plot- 
 ted againft the Natural Perfon of a King, as he is King : neither 
 is there any other difference between the murther of a King, 
 
 and 
 
Tht Govern' C Edw. 9. ? Kings of 8j 
 
 went of 2 Rich. 2. S England* 
 
 and a private Man, but only in regard of the Place and Office of 
 a King, which makes the murther of him Treafon j for which 
 caufe all Indi(ftments that do conclude , Contra Legi ant U debt- 
 tum^ do as well alfo conclude, Contra Coronam & Vignitatem^ 
 &c. 
 
 Tiie third reafon is this j A body politick can neither make 
 nor take Homage, 33 f/. 8. 'Bro. tit. Fealty -. Therefore cannot 
 the King in his Politick ^Capacity take Legiance. The firii 
 muft be granted only, jttb modo^ for though it cannot take 
 Homage immediately , yet by the means of the Natural Ca- 
 pacity it may takefuch fervice > and therefore that Rule holds 
 only where the Body Politick is not aggregate , and not one 
 Perfon in feveral Capacities, for the Tenant that performs his 
 fervice to his Lord, performs the fame to his Lord in his Natu- 
 ral Capacity, but it is in relation to his Politick Capacity, as he 
 is his Lord : For Lord and Tenant, King and Subjedl, are but 
 Notions, and neither can give nor take fervice i but that Man 
 that is Lord, or Tenant, or King, or Subjed , may^ even as 
 the power of protedion is in a King, not as he is a Man, but as 
 41 King. 
 
 The fourth reafon is this. The King's Natural Perfon hath 
 right in the Crown by Inheritance, therefore alfo in the Legi- 
 ance of the Subjed'. This is the Ihength (as nigh as I can col- 
 led) of that which is fet down as a fixth reafon, but 1 make it 
 the fourth : becaufe the third as I conceive is but an illuftration 
 of the fecond \ and the fifth is upon a fuppofal of a Fides ficfa j 
 whereas that Faith of an Englifli Subjcd, which is according to 
 Law, is the truer of the twain. But to the fubftance of this 
 fourth reafon : If thehrft be granted, yet the Reporter cannot 
 attain his condufion ^ for the King may in his Natural Capaci- 
 ty have right to the Crown by Inheritance , .and yet not right 
 in the Legiance of his Subjeds,othcrwife than in the right of 
 the Crown s As in the Cafe of Lord and Tenant, the Lord may 
 inherit the Lordfliip in his Natural Capacity, but the fervice is 
 due to hinxas Lord, and not as by Inheritance in the fervice in 
 theabftrad. And though it be granted that the Legiance to a 
 
 King, 
 
88 The Govern- c E.dw.5. 7 Kittgs of 
 
 tmnt Qf I Rich. a. j Effglaffd, 
 
 King is of a higher (train than thatof a Tenantto his Lord, 
 . fol.^.h.'y,a. Yet doth the Reporter bring nothing to 
 light to prove them to be of a different Nature in this re- 
 gard. 
 
 The fifth and laftreafon that cometh to confideraticn , is^ 
 fronn a Teftimony of the ParHament i for it is faid, That this 
 damnable Tenet of Legiancetothe King in his Politick Capaci- 
 ty is condemned by two Parliaments : But in truth I can rind 
 but one under that Title, that mentioneth this Opinion, and 
 that is called, Exiliitm Uugonis^ which in fum is nothing > elfe, 
 but Articles containing an enumeration of the particular offen- 
 ces of the two Spencers againft the State, and the Sentence 
 thereupon: The offences are, for compafling to draw the 
 King by rigour to govern according to their wills; for with- 
 drawing him from hearkningtothe advice of his Lords , for 
 hindering of Juftice, and Opprellion,.and fas a means hereun- 
 to,) They caufed a Bill or Schedule to be publi[hed, containing 
 that Homage and Lcgiance is due tothe King, rather in rela- 
 tion to the Crown, than abfolutely tohisPerfon \ becaufe no 
 Legiance is due to him before the Crown be vtfied upon him: 
 That if the King do not govern according to Law , the Leiges 
 in fuch cafe are bound by their Oath to the Crown, to remove 
 him either by Law or Rigour. 
 
 This is the fubftance of the Charge, and upon this exhibited 
 in the Lords Houfe, the Lords, fuper mam materiam, bani(h 
 them before their Cafe is heard, or themfelves had made any 
 appearance thereto : So as tothe matter of this Schedule 
 f which contains an Opinion fuitable to the point in hand,with 
 fome additional aggravations) the Parliament determineth no- 
 thing at all ; but as to the pnbli(hing of the fame , to the in- 
 tent to gather a party, whereby they did get power to a<a other 
 enormities mentioned in the Charge i and in relation to tliofe 
 enormities, the Lords proceeded tofentenceof baniOimcnf, all 
 which was done in the prefence of the King, and by his dif- 
 confent, as may appear by his difcontent thereat, as all Hiflori- 
 ans of thofe Affairs v^itnefs : and it is not probable that the 
 
 King 
 
TheGoverft' t Edw. 3.' j^ Kwgs tf g^. 
 
 men f. of I Rich. 2.' yEngUtut. 
 
 King would have been difcontented with the proceedings of 
 the Lords in afferting the Prerogative of a King , in that man< 
 rer of the Schulule, if he had perceived any fuch thing in' 
 their purpofes. Add hereunto that the Lords themftlves juiti- 
 fied the matter of the Schedule in their own proceedings , all 
 which tended to enforce the King to govern according to their 
 Councils, and otherwife than fuited with his good pleafure : 
 By force they removed Gavejion from the King's prefence for- 
 merly, and afterward the Spencers^ in the fame manner ; So 
 they removed the King from his Throne, and not long after 
 out of the World. 
 
 Laft of all, I (hall make ufe of one or two Conceflions 
 which hath paflTed the Reporter's own Pen ( in this dif- 
 courfeof hisj for the maintaining , that the Legianceofan 
 Engli(h-maD, is neither Natural, nor Abfolute , nor Indehnite, 
 nor due to the Natural Capacity, but qualified aecordins; unto 
 Rules. 
 
 The firft is this , Englifli- men do owe to their Kings, Lcgi. 
 ance according to the Laws, therefore is it not Natural , or 
 Abfolute, or Indefinite. The inference is neccflary, for the 
 latter is boundlefs,and Naturah the former is limited, and 
 by civil Conftitution : If any breach therefore of Englifli Le- 
 giancebe bounded by Law, then the Legiance of an Englifh- 
 man is circumfcribed, and not Abfolute , or Natural. The 
 major propofition is granted by the Reporter, who faith, that 
 the Municipal Laws of the Kingdom, have prefcribcd the or- 
 der and form of Legal Legiance, /o/. 5. b. And therefore if by 
 the Common Law, the Service of the King's Tenant , as of 
 his Mannor, be limited, how can that confift with the abfolute 
 Legiance formerly fpoken of, which bindeth the Tenant, being 
 the King's Subject, to an Abfolute and Indefinite Service : Or 
 if the Statute-Laws have fettled a Rule, according t© which 
 each Sabjcd ought to go to War in the King's fervice beyond 
 the Sea, as the Reporter granteth, /tf/. 7. el^ 8. Then cannot 
 the Legiance be abfolute to bind the Subjcd to go to War ac« 
 cording to the King's own pleafure. 
 
 ' P Se. 
 
•^*i«M«*M*fe*CM 
 
 flO The Govern^ 5 Edw. 3. r Kings of 
 
 mentof ^ Rich. 2. S EftgUnd, 
 
 Secondly, An Engli(h King's protedion of hisSubjecfts , is 
 rot Natural, Abfolutc, lodcHnite , nor Originally extendeth 
 unto them in their Natural Capacity : therefore is not theLc- 
 giance of an Englilli Subjecft to his King, Natural, Abfolute, 
 Indehnite, nor Originally extendeth to the King, in his Natu- 
 ral Capacity* 
 
 The dependence of thefe two rcActh upon the Reporters 
 own words, who tells us, that froHtlh trahit SHbjediouem^ & ■ 
 SubjedioTrotedionemyVtotc^Umdnvfs with it Subicdion, 
 andSubjedion draws with it Protedion^foas they areKf/j/j, 
 and do prove mutually one anothers Nature, fol, 5. a. And in 
 the fam.e Page (a few lines preceding^ he (hews why this Bond 
 between King and Subje(3[ is called Legiance, becaufe there is a 
 reciprocal, and double Bond ; tor as the Subjed is bound in 
 Obedience to the Ring,fo is the King bound to the Subjedin 
 protcdiion: But the King isnot Naturally bound to proted 
 the people, becaufe this Bond begins not at his Birth,but when 
 J he Crown fettles upon him. 
 
 Thirdly, this Protedion isnotabfolute, becaufe the Kipg 
 mail maintain the Laws, fol. 5. <». and the Laws do not proted 
 abfolutely,,any man that is a breaker of the Laws. 
 
 Fourthly, Thi? Protedion is not Indefinite , becaufe it can 
 extend no further than his power , and his power no further 
 than his Dominions, /o/.^.^. Thelike.alfo may be inllanccd 
 in continuance of time* 
 
 Laaiy,.tlie King's protedion extendeth not originally to 
 the Natural Capacity , but to the politick Capacity s therefore 
 till a Foraigner cometh within the King's Legiance, he cometh 
 not within his protedion : And the ufual words of a Writ of 
 Protedion (hews, that the party proteded . mu(t be in Obfequio 
 nojiro, fal. S. a. The fum then is, that as protedion of an- 
 Engli(h King, fo neither is Legiance, or Subjedion of an 
 Englifh-man Natural, Abfolute , Indefinite, or terminated in 
 the Natural Capacity of the King., And to make a full perrod 
 to the point, and make the fame more clear, I (haH in(^ance in 
 orje, Precedent, that thefe times of Edppard the Third produced. 
 The former, Englifti Kings hadjitk to many Territories in 
 
 frflnce^ 
 
The govern- j Edw. 3. 1 Kingt of 9 1 
 
 metaof I Rich. 2. y England, 
 
 Frjw^", but E^wW the Third had Title to all the Kingdom; 
 And being poflibly not fo fenfibleof what he had in polTeirior, 
 as of what he had not \ He enters Yrance in fuch a way, and 
 with that fuccefs, that in a little time he gains the highefi: feac 
 therein, and fo brought much honour to the Englifh Nation i 
 and more than ftood with the fafety of the Kingdom. For in 
 t!ie union of two Kingdoms, it's dangerous for the fnr.aller. 
 left it be fwallowed up by the greater. 
 
 This vvasforefeen by the Englifh, who knew England did 
 bear but a fmail proportion to France^ and complained of that ^ ^.siatii 
 inconvenience > and thereupon a Laiw was made, that the 
 people of England fl^ould not be fubjed to the King , or his 
 Heirs, as Kings of Frj«c^; which manifeftly importeth, that 
 an Englifli King may put himfelf in fuch a porture , in which 
 Legianceis not due to him i and that this pofture is not only 
 in Cafe of. Oppolition , but of diverfity, when he is King of 
 another Nation, and doth not ^^/fl^o, for that Time, and 
 Place, rule as an Englifti King : which if fo , I fuppofe this 
 notion of Natural, Abfolute, and Indefinite Legiance to the 
 ■^King in his Natural Capacity is out of this Kingdom, if not 
 out of the World ; and then the foot of the whole Account 
 will be, that the Legiance of an Engli(h-man is Originally ac- 
 cording to the Laws : The fum of all being comprehended 
 ' in the joynt fafety of the people o{ England, 
 
 P 2 CHAP. 
 
^2 The govern- S Edw. 3. 7 Kings of 
 
 Ment of c Rich. 2. y England. 
 
 '» ' 
 
 'I i 
 
 CHAP. ;I,;X;, 
 of Courts for Caufes crii^inal^ wi^h their Laws, 
 
 npHe great growth of Courts founded upon Prerogativ^e, 
 derogated much in thefe times from the Ancient Courts, 
 that formerly had attained the Soveraignty over the people, 
 and iri the hearts of thetii ail. This was a hard Icfton for 
 them to learn , but efpeciallyof theKing'j Bench , that was 
 wont to learn of none \ and yet muft be content to part with 
 many of their Plumes to deck -the Chancellor, much of their 
 work tobufiethe Prerogative Courts , holden Coram. Kege ; 
 and more to thofe holden Coram Vopulo ^' \ m'^an ^^hlf Courts 
 of Oyer and T'erntiffer ^ Gaol elelh^ji\ 'and Jttflicet' of Peace, 
 Thofe of Oydr and 'Terminer ,' were now grown very com- 
 mon, but lefs- eft^cmed-^ as being byrn^h' of mean. regard 
 nominated for the mofi: part by the party that tLred/out- the 
 Commiirion , 'which for the rtioft patt'.was 'd;c^ne in 'behalf 
 of thofe that w^re in daiiger-, and meatic3 'not't'o be iiiftifiecl' 
 by VVofKs V but by Grace. ' Thefe efciape's^, ' thxDugK fmall in 
 the particulars, yet in the full fum made the matter fo 
 ,. foul , as it became a common grievance , and a Rule there- . 
 
 hj ' upon fet by the Parliament , for the regulating both of the 
 
 Judges of fuch Court, and ,the Caufes. The Commiilions 
 for Gaol-delivery likewife, grew more mean and ordinary : 
 The chief fort of Men in the feveral Counties, had formerly 
 the power, but were found to ^favour too much of Neigh- 
 bourhood , and Alliance V the leadin g of the^Mmk^xhtie^ 
 fore , is "now -committed to the Judges zt JVefiminjler^ and 
 the other made only Affociates to them. But above all, 
 the Courts of Sheriffs , Coroners, and Leets, were now 
 grown fowr with Age, having attained courfes by common 
 pradice , differing from Oppf^flion only in Namei and yet 
 were the times fo unhappy*-, a^ by thefe courfes they had ob- 
 tained 
 
The govern- y Edw.j, 7 Kings of 93 
 
 ment of I Rich. 2.5 England. 
 
 taincd Uvour , and refpedt, amongft the great men, and 
 fa gained more power from above to abufe them below. 
 Thefe men loved to be Commillioncrs of Oyer and Termi^ 
 ner^ and having learned how to make capital offences pe- 
 cuniary , found fuch fweetnefs , as they ufed not to be 
 weary of their places , though the Countrey grew weary 
 of them > and therefore dilliking uncertainties, in fuch 
 matters of benetit , they cannot rert till they obtain 
 more certain fettlement in their places i fame for years, 
 others for life , and fome for ever. The difeafe thus con- 
 traded by degrees , the cure muft be accordingly : Firft the 
 Sheriffwicks much difmembred to pleafe the Court Favo- 
 rites, and fill the King's privy purfe , and all raifcd to the 
 utmortp.'nyof the full, and beyond the jurt value, A Law 
 is made to reftore the fevcral Hundreds, and Wapentakes 4^-5<^-s^» 
 to -the Sheriffs and .their Counties , and all of them are redu- ^ *^" 
 ced to the old Rent i and it is likewife provided- that none 
 (hall execute that place in County or Hundred, who fliall not 
 then have fufficient Lands in that County to anfwer da- 
 i?i ages for injuftice by them done. And that no Sheriff ^ -^z ^ '^■4* 
 .(hail fervein that place, above one yeaxs and then not to'^^^^^''^' 
 be chqfen again for thatfervice, till three years . be paJt : 
 which latter claufe was only a medium taken up for the 
 prefent occalion , in regard that men of ability became very 
 rare in thefe times , efpecially , in fome of the Counties. ^^*«^^^•i.<"•Ir• 
 The eledion of the Sheriff is likewife not to be forgotten, 
 for though the .Counties had. the eledion of Coroners in 
 regard they looked that no man fliould come nigh their 
 blood, but whom they trulkd i yet the Sheriff came nor j8 f. 3. c (?. 
 fo nigh their skin, nor yet fo nigh their Free-holds, as 
 anciently they had done , for that theic power in judicature 
 was much abated , and. fo not worthy of fo high regards 
 yet inrefped he was ftillto be a Miniller of Jullice , and his 
 place valuable more, than formerly, it was holden con- t^E-s-c, 7. 
 venient that fuch. as had the chief power of Judicature at 
 JP^ejlmifiller^ Viz, the Chancellour, Treafurer, Chief Baron 
 and the two chief , ]uft ices , ibould nominate the Man 
 
 that 
 
94 The govern- S Edw. 3. i Kings of 
 
 ment of t R.ich. 2. 3 England. 
 
 that fl\ould be their Servant, and ^ the Parliament nevcr- 
 r4£ 5.n.55. theleCs interpofcd in that Ekdtion as often as they faw 
 calife. 
 
 Secondly, As touching Caufes criminal, which nnore ordi- 
 narily come within the cognifance of thefe Courts: They 
 .generally held the fame regard in the eye of the Law inthe(e 
 times that they had done formerly-, neverthelefs , in two 
 crimes thefe times wrought divcrfly , urging the edge of Law 
 againft the one, and abating it as to the other. The latter of 
 thefe is commonly called, P^mT'r^ii/^w, which is a murth«« 
 dedrucftive to the Common- wealth, in an inferiour degree, 
 •and at a further diltance,bccaufe it isdeftrudive tothat Legi- 
 ance, by which Families do confift,and of whom -Kingdoms 
 are derived. 
 Mror^ufl. In former rimes it extended unto the Legiance between 
 f4/>.i /eS.i 3 Lord and Tenant , and Parents and Children; but by this 
 II £.3. jol- Lavv of 25 E. 3.it is reduced to the Legiance only of Man, 
 •"^'^ and Wife, Matter, and Servant, Clerk, and his Ordinary . • 
 
 the laft of which was now lately taken up i and might have 
 been as welllaidafide, as divers others were, but that in 
 thefe times much is to be yielded to the power of the Pre- 
 lacy, who loved toraife the power of the Ordinary , to an 
 extraordinary pitch , that themfelves might be the more con- 
 fiderable. 
 
 This reducing of Treafon into a narrower ground, made 
 the Regiment of Felonies to fwell : A hard thing it was in 
 a Warring time, for Men to conceit themfelves well dreft, 
 until they were compleatly Armed : Some ufcd it for a Com- 
 plement, and amongft others, honeft men had as good caufe 
 to ufe it, as fome that were ill affedted, had a bad > and of the 
 laft fort, fome did aim at private revenge, though many aimed 
 againft the publick quiet. But however the intentions of men 
 thus harnefied might be different, the looks of them all are fo 
 four, that it's hard to know a Man for peace, from a Man for 
 War, And therefore the people were now fo greedy after 
 Peace, as they are ready to magnific, or multiply all poftures 
 of Armed Men into the worft fafcion, being well affured that 
 
 the 
 
The Govertt' C Edvv. 9. ? Kings of 95 
 
 ment of ^ Rich. a. $ England, 
 
 the rcadieft way to keep themfelvcs from the hurt of fuch men, 
 
 is to have none of them at all. But Edtvard the Third had 
 
 more need of them than fo, and will therefore allow Men to ij -£• 3- c* 2- 
 
 ride Armed, but not to Troop together,to rob, kill , or im- 
 
 prifon any Man i and if any perfon did other wife, it (hould he 
 
 Felony, or Tr^fpafs, but not high Treafon. 
 
 All this was in favour to the people, and yet it was not alU 
 for when Mercy groweth profufe, it becomes cruelty. Mur- 
 thtr is very incident to times of War, yet is an Enemy to 
 the Peace , of fo h;gh a Nature,that though the King's pardon 
 may do much, yet both King and people declare it an im» 
 pardonable crime, by the Common Law, and that the King's 
 Prerogative (hall not extend fo far, as to pardon the fame. 
 This Jufticedone to the party dead, was a mercy to them 
 that were alive > a means to fave blood by blood-flied, and 
 not fo much by the King's grant , as by his Releafe. One 
 thing more in thefe cafes of blood , the people obtained of 
 the King , which they had not fo much by Releafe , as by 
 Grant , and that was the taking away of Englifhire , an Anci- 
 ent Badge cf the Imperial power of the Danes over the 
 Saxons, and which had cither continued through the defidi- 
 Gufnefs of the Saxons , in the times of Edrvard the Con- 
 fclTor, unto the Normans time, or by them taken up again, 
 and continued , until thefc times that Edward the Third 
 was fo far dcfirous to declare his readinefs to maintain 
 the Liberties of the people, as to be willing toreftorethem 
 where they failed , and in particular took away the manner 
 of prefentment of EttgJifljire, blotting out the Title and 
 Claufe concerning it , out of the Articles of inquiry for the U£J cj{r.^. 
 ]\xdgcs ItineraHt. And thus whether Native or Foraigncr all 
 men are now made in death equal , and one Law ferves all 
 alike. 
 
 Next unto blood, thefc times grew more fen fible of Ra- 
 viihmenty, than former times had done: Fci though they • 
 had determined a fcvere penalty againft fo foul a Crime, 
 atidmade. it in the nature of a Felony capital , which was ^ 
 
 enougli . 
 
^6 The Govern- j Edw.5. 'i Kings of 
 
 metjt of I Rich. 2, J Eft^Und, 
 
 ■■i»<i^— — ■ ■ ' ' ' 
 
 enough to have feared any man from fuch attempts , yet for 
 the proof of the matter in Fadt, much relied upon the will of 
 the woman, which for the moft part grounded upon felf-re- 
 fpeds, and private prudence, laboured to conceal that which 
 could not be made whole by revealing \ and by after- confent 
 skin'd over the fore as to themfelves, which corrupted inward- 
 ly, and endangered the whole body, to cure which, a Law is 
 pY-jE- r (< ^^^^ ^° rcilrain fuch late connivance in the Woman , by de- 
 £ 4* r/y 8 priving her both of her Joyndure, and Inheritance, which o- 
 ' ' therwife had been faved to her by fuch compliance , ,as after- 
 confcnt unto fuch violations. 
 
 CHAP. X. 
 
 Of theCoyrfe of Civil JnHice^ during thcfe times* 
 
 However the courfe of the Law concerning matters of the 
 Crown, palTed in a troubled Wave, yet in matters of 
 Common Pleas, it pafTed in a calm and full ChanneU as the 
 Reports in Print do fufficiently witnefs , nor was there any 
 change of principles, but only fome alteration tending to a 
 clearer manifeftation of the fame. I will not touch upon every 
 particular, but only upon two, which refled; fomewhat upon 
 the publick policy, the one touching the courfe of Inheritance 
 in fome particular Cafes i the other touching pleading in the 
 Courts of Civil Jufiicc. 
 
 The firft of thefe was occaiioned from Conjundure of 
 Affairs, the Cafe being fuch, that Edivard the Third had now 
 gotten himfelf a new Kingdom unto that of England , and 
 murt look to maintain that by power, which he obtained by 
 force, and conducing thereunto, muft have continual employ- 
 ment of the Englilh in that Service, as being mod trufty to his 
 Caufe. And that it is unrcafonable, that fuch Engliftias had 
 devoted themfelves to his Service in this Caufe, and in order 
 
 there- 
 
The Govern- < Edw. 5. ^ Kings of ay 
 
 ment of I Rich. 2. \ England, 
 
 thereuntOjhadtranfported thcmfelves, and their Families into 
 thofe Foraign parts, fliould thereby I^ofe the benefit of Lciges, 
 in the Birth-right of their Children, born in thofe Foraign 17 £".3./m^; 
 parts. Upon confideration had hereof 5 and of a former leading 
 Opinion of the Lawyers and Parliament,a Declarative Law was 
 made i Ihat at Children born without the King^s Legiance^ rvhofe 
 . father and Mother at the time of their Birth , flja^ be under the i^lir Sut iX 
 Faith and Legiance of the King of England, jhall have the bene- 
 ft of Inheritance within the fame Legiance , as other Inheritor t 
 have, Thtfe are the words of the Statute,' and do occallon a 
 double obfcrvation j one from the matter, the other from the 
 manner of theExprcffion. 
 
 The Subjcdl matter is fo delivered, not as an Introdudion of 
 a new Law, but as a Declarative of the old, that lay more ob- 
 fcurcly hidden, for want of occalion to reveal it, and the fub- 
 ftance thereof rerteth only in this, to enable the Children of 
 Englifli Natives, born beyond the Seasj not the Children of 
 thofe that are of Foraign birth, though within the King's Ter- 
 ritories in thofe parts, as the opinion hath been-, nor doth any 
 ancient Precedent or Cafe, warrant the fame, as might be at 
 
 large manifefted,if if might conduce to the end of this difcourft; 
 andfor the fame caufe, after this Statute j when as the Com- 
 mons would have had a general Naturalizing of all Infants born 
 beyond the Sea, within the King's Segniorics i the fame would 
 not be granted, otherwife tlian according to the former Statute 
 and the Common L^w. 
 
 41 £. 5. €.1% 
 
 That which in the next place concerneth the manner cf 
 expredion is this , That a Child is faid to be born out of 
 the King's Legiance, and yet the Father and Mother at the 
 fame time to be of the Faith and Legiance of the King cf 
 England'. It feemeth to me, that it interdeth only thofe 
 Children of Englilli Parents , born within the King's Terri- 
 toriesbeyond the Seas, becaufe the words -enfuing , concern- 
 ing Certification of Baftardy of fuch Children, are, that the 
 fame (hall be made by the Bidiop of fuch place upon the 
 
 King's 
 
^8 The Govern- 5 Ed^« 9' ? Kings of 
 
 mentdf ^ I^ich. 2. \ England, 
 
 King's Writ directed to him, which could never have paffed 
 into rhofe places that are not of the Ring's Territories : and 
 fo the IlTue will be , that the Legiance of thofe born in thofe 
 parts, though they are Lciges to the King, yet they are not of 
 the Legiance of the King of England, but as Lord of that 
 Territory. 
 
 The other raatter to be obfer ved concerning pleading in the 
 Courts of Civil Juftice , is this , That whereas anciently, from 
 the Normans tirr.e, till ihefe times, the pleadings were in the 
 3^ £. 3 c.t )-. Norman Tongue, they (hall be henceforth in Englifti ■■> out of 
 an inconvenience, I believe, rather fuppofed than felt : for 
 though fome kind of knowledge of Law-terms may be en- 
 creafed thereby, yet unlefs that (hall be profelTedly (iudicd , it 
 will breed nothing but Notions,and they an over-weening con- 
 ceit, which many times fets Men to Suits in Law, to their own 
 lofsj like fome weak influence of the Celeftial Bodies, that are 
 ftrong enough to ftir up humours, but not to expel them , or 
 draw them out. However, even thus in part is the reproach 
 of Normandy rolled away, like that of Egypt from the Ifraelites 
 at Mount Cilgal, 
 
 CHAP. XL 
 of the MiliitA in thefe times, 
 
 "y^ZAr is ever terrible , but if juft and well governed, 
 Majcfticali the one may excite refiftance and de- 
 fence , but the other Conquers before blow given-, becaufe 
 itconvinceth the judgement, and fo prevails upon the Con- 
 fcience: For that heart can never be refolutein its own de- 
 fence, that is, at War with its own underftanding •> nor can 
 fuch a heart coniider fuch a War, otherwife than as Di- 
 vine , and bearing the face of an Ordinance of God > and 
 il;en how can the Iffue be unfuccefsful. It is no ftrange 
 
 thing 
 
The govern- j Edw. 3. i Kifigt of 99 
 
 mentof \ Rich. 2. 5 EagUnd. 
 
 thing for Kings to mifcarry in their Wars, becaufe it's rare- 
 lyfeen that they are under good CounciU but if a Chri- 
 ftlan Council mifcarry , we may conclude it extraordinary 
 in the efficient Caufe, and nolefs wonderful in the ilTue , and 
 end. Upon this ground, it concerneth a Chriftian Nation,not 
 only in point of Honour, but of fafety and continuance , to 
 fettle fundamental Laws for War againft time of VVari 
 as of Peace in time of Peace. Neither was England deficient 
 herein, fiving that ancient times were more obfcure in the 
 particulars , and thefe days revealed them at fuch a time, 
 wherein we may fay, that Edtpard the Third approved him- 
 felf not only King of England , but of himfelf , above 
 the ordinary llrain of expedation i for being now become 
 a famous Commander and Conquerour, having alfo an Army 
 inured to fight and overcome, and fo might have given 
 aLawr henevcrthelefs received the fame, fubmitting both 
 it and himfelf to the Diredlory of the Parliament in mailing 
 a War with France^ which was three to one againft him in 
 every refpecfi , ('but in the Title) befides the difadvantage 
 from Scotland that lay continually beating upon his Rear. 
 The like may be obferved of his War with ^'wt/i^W, in both 
 which he evidently tellpth the World , that he held it un- 
 reafonable to enter upon the managing of an offenfive 
 Foraign War without the concurrence of the com- 
 mon confent of the people > and that not oncly for 
 the thing it felf , but alfo for his own Perfonal En- 
 gagement in the Service. For a King , though he be 
 the Generalijfimo ^ yet is he fo from the people, and his Pcr- 
 fon being of that high value, is not to be cxpofed to every 
 occafion that may provoke War , without due advice firll 
 had with the publick Council , becaufe in his Perfcn the 
 people adventureth as well as himfelf. And in this manner 
 were, the Wars in France by Edn>ard the Third , and in 
 Scotland^ concluded upon debate. In the next place , as 
 touching the arrays of Men for War, I find no foot-fteps 
 of any power which was claimed as peculiar to the King 
 therein , and acknowledged by the Parliament •, but many 
 
 Qji inftances 
 
IQO The govern- J Edw. 3. 7 Kings of 
 
 went of i Rich. 3. i Englanci. 
 
 inftances do I meet with Intheoppolitej all which do plainly 
 tef] us, that the old fliifts of Jnrati and Ohligati ad arma^ 
 13 £.3. M.ij, could do little cither in the calling of men forth , or arming 
 i7,'8,37,38. tyvenrifor the War. But in cafe of publick defence againi^ 
 ! + £ 3M.14J Foraigners, men were fummoned upon their Lcgiance as an- 
 iTi^^'^P^^^' ciently wasufed. And this was byboth King and Parliament 
 ^"'oE ?• « M. ^'^'•^y declared, and all fuch obligations by writing called in and 
 ' damned Is difhonourable to the King. In Foraign fervice the 
 courfv? was no kfs regular i if the War was by efpccial dire<fti- 
 on of the Parliament, they likewife ordered the manner of the 
 P raifing of Souldiers, F/2S, So many out of a County , and fo 
 
 ■ ' ^' many out of aBurrough,all which are by the exprefs words 
 of the Statute faid to be granted by the Knights and Burgefles. 
 But if it was only upon the King's particular inftigation and ' 
 4f..3.f. jr.. not by order or confent of the Parliament, the King in fuch 
 cafes being Voluntier^ all the Souldiers were in like manner ^ 
 nnlefs fome particular Law, or Tenure, otherwife obliged 
 them. As touching the Arming of Soldiers , the Law was 
 yet, more certain and particular. If the Soldiers were men of 
 Ertate, they were armed according to the ancient rule, alTerted 
 by the Statute at Winton, or otherwife were efpecially aHelTed 
 by the Parliament, or by vcrtue of their Tenures i the firft of 
 thefe is confirmed by Eda?ard the Third in Parliament, wherein, 
 he willeth that no man (hall be urged to arm himfelf otherwife 
 - F ^ -a^ ? than he was wont inthe times of his Anceftors Kings of E«- 
 ha'^^.' gland. The two latter were likewife confirmed by another 
 Law, made in the fame King's time i whereby it was ordained 
 that no Man fha1l be conftrained to find Men of Arms, Hoblers, 
 nor Archers, other than thofe which hold by fuch fervices , if 
 i<^i:,lSt:(t. it be not by common confcnt and grant made in Parliament. 
 . . f S. "^ ' By men of Arms meaning thofe which wcnow call Curiajfeires, 
 or compleat armed •, by Hoblers meaning thofe now called 
 light Horfe- men. The Archers ferved on Fdot, and were 
 principally armed with Bows, although they had alfo Swords 
 cr.other fuch offenfive portable Weapons, 
 
 The 
 
The govern- f Edw.j. ^ Kings of loi 
 
 ment of I Rich 2. i England. 
 
 Thefirft of thefe concerneth only the arming of a Man's 
 own perfon , the other the finding of Souldiers , and arming 
 of them , and both together fufficient for the fafe*guard 
 of tlie Rights and Liberties of the People , invaded in thofe 
 times, by Comraiilions of array \ and fuch other expredions of 
 Prerogative Royal j for as touching tlie arming of a 
 Man's own Perfon , the Statute of i Edivard 3. formerly 
 mentioned, is clear in the point. And though the Statute of 
 25 E(^rt7jr^3.doth nQt in the letter diredt as touching the 
 finding Arms for others^as is urged in his Mijedy's Anfwcr 
 to the Declaration of the Parliament concerning the Com- 
 million of Array, July^Of. 1642. yet is it therein granted 
 that a complete Soldier is within the Letter of the Sta- ■^'''^•4iS. 
 tute > and feeing the perfon of the Soldier is not in the 
 power of any private perfon in fuch cafes to command 
 him to thefervice, it feemeth clear to me that the Sra* 
 tute mud: intend the arming of him with compleat Arms, 
 and not the armed perfon of the Man. The Soldiery thus ^^' %'-3 ■^• 
 arrayed , they are in the next place to be called by their ^^ ": ^J.' 
 Rendezvouzi the Knights by fummons fent to the Sheriff,- %'/r^-*i^*' 
 but the reft by Proclamation. If the Knights appear not, "' 
 a fine is fet upon them \ if others run away from their 
 conduct, a Writ ilTued to the Serjeant at Arms to appre- 
 hend them 5 if they were not arrayed, then the recogni- 
 fances of fuch as undertook the work are eftreated. All "^ ^' 3- '"''/' f* 
 plunder or fpoil committed by the Soldiers in their con- 
 dud, was to be fatisfied by the Conductor, or Commander, ^° '-S"^-* 
 that received their Pay, or Charges for their Condud : And 
 although the charges for Condud had formerly y Ve faClo ^ 
 been defrayed fometimes by the County, by vertue of Com- 
 mirtions that iiTued forth , both for the raifing and con- 
 ducing of them > yet was this no rule, nor did Edivard the 
 Third claim any fuch duty , but difclaimed -it , and ordain- 
 ed by Ad of Parliament, that both the Pay and Condud- ^-^s-f 7- 
 Money fliould be disburfed by the King , from the time 
 ot their departure from their feveral Counties. For to iSii. 3.^7. 
 this end fand for the fafe-guard of the Realm, And for 
 
 the 
 
102 The govern' \ Edvv. 3. 5 Kings of 
 
 ment of I Rich. 2. 3 England, 
 
 the maintenance of the Wars of Scotland , France^ and Gaf- 
 cofgHj) The King had fupply from Aids, Reliefs, VVard- 
 
 i^E.S'Stai.i (\~\ps. Marriages , Cuftoms , and Efchcatss nor did the 
 cap. I. Parliaof^.cnt grant any particular Aid by AlTeffment or pub- 
 
 lick Tax, but when they evidently Taw the burthen of 
 War , to be extraordinary ;, as it bcfe) in the Conqueft 
 of fo great and potent a Realm as France was: Wherein 
 although the Taxes were many , yet fo well ordered were 
 they , and with that compliance from the King , that the peo- 
 ple indured them with much patience , fo long as the King li- 
 ved. Laftly , in all thefe Cafes of Foraign Wars ( for of 
 fuch Cafes only thefe Laws are to be underflood ) it was 
 
 lE 3. 5/;?/. ^^P^'-^^^'V P^*^^^*^^^ ■> ^^^^ ^^ "^3" (hould be difirained, or 
 
 z. cap.\. urged againft his will , to go cut of his County. But in 
 Cafe of dcfenfive War » the courfe was otherwife; for all 
 Men in fuch Cafes are bound by the Law of Nature, to de- 
 fend their own Countrey from Invafion , in order to 
 the fafety of their own E-ftates and Habitations. They 
 were arrayed , or gathered together by Commiffion of Ar- 
 ray from the King, Armed according to the Laws for- 
 merly mentioned , and not by Arbitrary order of the 
 Commiilioners : And by vertue of fuch Commiffions, 
 they were drawn forth and led to places where need re- 
 quired. Sometimes to one Coaft, fometimes to another, 
 yet not altogether at the King's pleafure, for the Parlia- 
 ment upon occaHon fet rules of reftri^ion , and generally 
 
 13 £. 5. « 1?. exempted the North- parts beyond H«w^^r , from being 
 drawn South- ward , and left them as a referve, for the de- 
 fence of the Marches, bordering upon Scotland ^ and fome- 
 times ordered , the Array fliould be executed only in fome 
 
 io£. 3. «• 14- particular Counties , and other times wholly exempted the 
 Countrey adjacent, within fix miles of the Sea-Coaft. 
 And becaufe the King might under colour of a defence 
 Array the people, where no fuch occafion led the way, and 
 
 1 £. 3 . 5'/;jm command them out of their Counties, a Statute is made 
 
 <•/?/>, f. that ftates the Cafe wherein fuch Array (hall bei the words 
 
 whereof are vaiioufly fet forth in the Books in Print, 
 
 Whether 
 
Tht Govern- 5 Edw. 3. ? Kings of 1 03 
 
 fftent of ^ Rich. 2, 5 EMgUnd, 
 
 whether detcrminativeIy,or carekfly,! cannot tell, but all of 
 tliem do differ in fence one from another , and from the 
 Truth; fome of the common Books have the words tlius; 
 None (hall be dijirained to go cut of their Ccunties ^ unlefs for 
 caufe of Hecejjity , and of fudden coming of Strangers , or Ene- 
 miet , into the Kingdom : Others read it thus , But where 
 ftecefftty requireth ^ and the coming of ftran^e Enemies into the 
 Kingdom, The King's Anfwer to the Parliaments Dcclara- r ; 
 tion, concerning the Commilhon ot Array, would read it 
 thus , Vnlefs in cafe of Neceffity , or of fudden coming of 
 (irange Enemies^ &c. But the words in the Roll are thefe> 
 Et que nulj ne feient dijirejfei d'aUer hors de les Countees ^ Si 
 mn pur Caufe de neceffity , de fuddaine venue des Strans,es 
 Enemies, en Keqjulme ■■, In Englifh thus, word for word : And 
 that none he dijirained to (to out of the Counties , if not for 
 caufe of NeceJJity , of fudden coming of jirange Enetnies in- 
 to , or in the Kingdom: which words determine the point. 
 That none fh all be by Commillion of Array drawn out of 
 their County, but in cafe of Necellity : And fecondly , that 
 thisCafeof Nccellity , is only the coming ol: ftrange Ene- 
 mies into, or in the Kingdom , fo as probably the Invahon 
 muft be A(!^ual before they be drawn out of their Counties, 
 and not only feared i and it muft be a fudden Invafion , and 
 not of publick note, and common fame foregoing , for then 
 the ordinary courfe either of Parliament , orotherwife, mult, 
 be ufed to call thofethat are bound by Statute, or Tenures, 
 or Voluntieis to that fervice , feeing every Invalion is not fo 
 fatal, as to require a Commillion for a General Array. A- 
 gainft what hath been thus noted, the judgement of Sir Ed- 
 mard Cok^e in Ci?/i'/«'s Cafe lies yet in the way, whoaffirmeth, /-g; . ^ 
 that the Subjeds of England are bound by their Legiance to 
 go with the King in his Wars, as well within the Realm , as 
 without i and this Legia^^cehe telleth us, is that Natural Le- 
 giance which he faith , is Abfolate and Indefinite, d^c. and not ' 
 Local; which if not fo , thtfn were not the EngliG^ bound to 
 go out of England; an inference that is neither nccelTary, > 
 nor is the thingaffirmcd certain, It is not nccelTary, becaufe 
 
 Englilli- 
 
104 '^^^ Govern-^ f Edw.5. -^ Kings of 
 
 mcn't of I Rich. 2. j EtjgUnd* 
 
 Englifh^men may be bound to go out of Eifgla^d^ by vertue of 
 their Tenures, particular Contradl , or elfe by fpecial Adl of 
 Parliament, and not by vertue of that Natural Legiance, which 
 ■in truth is no where. 
 
 Now for the maintenance of the point, the Reporter al- 
 Icdgeth two Statutes affirming the thing, and Common pra- 
 dicej and laftly, Authorities of the Judges of the Common 
 IX H.y.cjpi. Lg^^ As touching the Statutes, one in Henry the Seventh's 
 zE.6.c.i. i\^Q ^ and the other in Edward the Sixth's time; I (hall 
 fpeak of them in the fucceeding times, when we come at them, 
 for they are no Warrant of the Law, in thefe tim.es whereof 
 we now treat i much lefs is the modern practice of thefe lat- 
 ter days, a Demonftrationof the Law in the times of Edward 
 the Third, nor of the Nature of the Law in any time , fedng 
 that it is obvious to times, as well as particular perfons , to do 
 and fuffer things to be done, which ought not fo to be ^ and 
 therefore I ihall for the prefent lay thofe two Confiderations 
 •aiidc. But as touching the Opinions of the Judges of the 
 Common Law , two Cafes are cited in the Affirmative, 
 which fecm in the Negative, and the reft conclude not to the 
 point. 
 
 The firft of the two Cafes, is the opir ion of Juftice 'tbiming 
 in the time of Henry the Fourth, word for word thus: A 
 Protection lies for the Defendant in a JVrit , upon the Statute 
 7 Ben. ^. QJ^ Labourers, and yet the Defendant (l-jall not have fuch mat- 
 h-otetl-ioc. ^^^ by way of Flea, \'a. that the King hath retained him to 
 go beyond the Sea : for the King cannot compel a Man to go 
 out of the Kingdom , That is ( as the Reporter faith ) Not 
 without JVagej-y intimating thereby, that if the King (hall 
 tender Wages to any Man, he muft go whither the King 
 (hall pleafe to fend him, which is not only deftru(Sive to the o- 
 » : pinion of Ihiming concerning the plea,but alfo (though grant- 
 
 ed) is de(\ru(f^ive to the Reporter's Judgement in the main 
 point : For if an Engli(h-man may refufe to go without Wa- 
 ges, then is he not bound to go by any natural abfolute Legi- 
 ance, as the Reporter would have it. And as touching the fe- 
 cond Cafe, which is Bigofs and Bohnn's Cafe , it cleareth the 
 
 fame 
 
•■ "" '■ " . . ... I , -Ill 
 
 The Gown- c Edw. 3. 1 Kings of 105 
 
 ment of I Rich. 2. | England, 
 
 fame thing* forit wasrefolved, that they ought to go but in 
 manner and form, according to the Statutes, then is not the 
 ground in the abfolute Legiancejor that is not qualified , but 
 in the politive Statute-Law, which tieth only in manner and 
 form, and that by voluntary confentin Parliament. 
 
 The reft of the Cafes, do neither conclude the main point, 
 nor the particular thing that the Reporter intendcth : for 
 he would imply to the Reader, that EngliOi-mcn were anci- 
 ently ufed to be impreftcd for the Wars in Ytance : and here- 
 unto he voucheth one Authority out of ancient Reports of 44-fc'-4!/o/.i:. 
 Law, in Edward the Third's time, one Authority in the time '^ ^ 4- 7. 
 of Hm^ the Fourth, and three in the time of Hf«r)/ the Sixthj ^^^•^/"'-♦^ 
 none of all which do fpeak one word concerning Imprefting, ]Iq ^' ^'" 
 and that in Edward the Third, doth imply the contrary i for 19 H. ^ 3 y. 
 the Cafe is, that in a ?r£cipe quod reddat , a protedtion was 
 clfercd by the Defendant, as appointed to go beyond Sea with 
 the Duke of Lancafier \ and the Plaintiff's Council alledged 
 that the Defendant had been beyond Sea, with the Duke , and 
 ^as returned : To this the Defendant's Council anfwcred 
 that the Duke was ready to return again i and for this caufe 
 the protedion was allowed : Yet a ^ere is made upon this 
 ground, that it might be that the Defendant would not go 
 over with him, nor was it proved that he would,which (heweth 
 plainly, the party was not imprefted,' for then the thing had 
 not been in his power to will or nill. 
 
 The lalt inftance that the Reporter produccth,is that of 
 Ydrirtfecum Servitium^ot Foraign Service, and that feemcth to 
 be Knight- fervice to be performed abroad ; But this falleth 
 (hort of the Reporter's intention in three refpe(Ss, 
 
 Firft, Though it belongeth to the King, yet not to him only , 
 but to other chief Lords, fo faith Bradon. 
 
 Secondly, It is not due from every Englifli-man: 
 
 And laftly, It is a Service due by vertue of Tenure , and BraSl- U 1 
 then the CoEclufion will be, That which is due by Tenure >/ '-^ e?-- 
 of Lands, is not due by natural and abfolute Legiance: and *^ ^ ' 
 
 R fo 
 
I06 'iheGomrn- $ Edw. 5. 1 Kf»g^ rf 
 
 tMCt2tof ^ Rich. 2. 3 England, 
 
 fo this Foraign Service, arifmg meerly by corripad, and agree- 
 ment between Lord and Tenant, and not by the natural duty 
 of an EngliChborn Subjed, Cwhichisthe thing that the Re- 
 porter drivethat in all this dilbourfcj will befo far from main* 
 raining the Reporter's opinion, as it will evidently deftroy the 
 fame. 
 
 And thus the poftureof this Nation, in the Field remaineth 
 regular in the rule, whatever hath been faid againA it i not- 
 wichfianding, that in the very inftant of Adion, there may be 
 fome irregularity, which no doubt both was, and ever will be, 
 in llormy times \ nor did it conquer the Law : For though 
 War may feem to be but a ficknefs of the State , yet being in 
 Truth, as the Vltimum refngium ^ and only refervc unto Law, 
 beaten to a retreat by oppreffion ; It is no wonder if this 
 motion, or rather commotion that brings 6n the Law of 
 peace in the Rear, be ftill and ever fubied to a rule of L a w,ho w 
 unruly fcever it felf feemeth to be. Now becaufe Law im- 
 ports execuNon, and that prefuppofes a Trial, and it a Court j 
 therefore did our Anceftors(amongft other Courts not regula- 
 ted by the Common Law ) form a Court for the Service of 
 War, called the Court Martial, or the Conftables Court, ac- 
 cording as the Office of one or the other, had the preheminence. 
 The proceedings herein, were ordered as I faid, not according 
 to the Common Law, for that is like the Land , much diftant 
 from all other Nations, and the negotiation of this Ifland with 
 other Nations, fas in time of Peace, fo of War,) requir-e a rule 
 common to all thofe Nations, or otherwife no negotiation can 
 be maintained : And for this caufe, the proceedings in this 
 Court were ever according to the rule of the Civil Law ; The 
 work of this Courtis principally judicial, and in fome Cafes 
 Minifterial. 
 
 Thefirft reflects upon caufes Foraign andDomeftick, and 
 both of thofe are either Criminal , and luch as concern the 
 common Peace of the place of War , or more civil, relating 
 only unto private intereft. As touching the firft of thefe, 
 I fuppofe it is no Bull, to fpeak of a Common peace in the 
 
 place 
 
The goverft' r Edvv. 3, 1 Kings of 107 
 
 mentof i Rich. 2. 5 Etigltnd, 
 
 place of Wari for a common peace muft be in each party 
 within it felf, or other wife no party at private variance can 
 MP9 fublill: within it felf, much Icfs make War with the other \ 
 and therefore in order unto War, there muft be a Law of 
 Peace, for the Trial of Offenders, and puniG^ing them fcr 
 offences committed againrt the good Government of the War> 
 fuch as are breaking of Ranks, defcrting the Standard, running 
 away from the Colours, Mutinies, Murthers, Rapes, Plunder- 
 ings, private quarrels, difobedience to command^and fuch like^ 
 all which do bear the (hew of Crimes againfj the Common 
 Peace of the Army, and the Countrey. 
 
 Of the fecond fort, arc matters concerning Quarter , and 
 Contrads in order to the government of the War, faving 
 fuch as arc made before either part be Inrolkd for the War : 
 For if a Man doth covenant to ferve in the War, and kecpeth 13 'R.Uh. r. 
 not his day at thefirft Rendezvouz,he is to be attached by Writ Stat. j. cap zo. 
 at the Common Law. Caufes DomclVxal likewife fall under ^ %''*-^''^-5^- 
 the like divifion : for whatfoever Caufemay be Foraign, may ^ .'J'M^* 
 alfo be Domeflick ^ becanfe the Army is ever imbodied within '^^'■' '•''' " 
 the Kingdom, and muft be under the Diredory of the Martial- 
 Law, upon the firft forming thereof. Now though the par- 
 ticular Laws of the Army, for the government thereof, be or- 
 dinarily according to the prudence of the General, yet certain 
 Fundamentals have been d/'^w/z^wf?, made by Cuflom , and 
 the Parliament, againft which the courfe of Judicature mud 
 not go \ and as the Parliament faw need, it fct alfo particular 
 Dircdions, as for the payment of Soldiers wages, for lemC' l^fj^'"''^^' 
 dy of walkings and plunderings in their own Countrey , and 
 other fuch Emergencies. But the execution of all thefe Laws 
 Originally was in the Martial of the Army , and becaufe that 
 the Army was generally diffolved , or fuch perfons engaged 
 in fuch matters of Controverfie departed from the Army 
 before the fame were concluded^ Therefore the MarQials- 
 Court continued in order to the determining of thefe mat- 
 ters i and in continuance of time, other matters alfo crowded 
 into that Society , although fometimes undtr the Dire<^ory 
 
 R 2 of 
 
 15)1. z. 
 
 3 X. 2.«. 17. 
 
lo8 The govern- i Edw. 5. i Kings of 
 
 went of I Rich. 2. f England. 
 
 of the Conftable of England^ as well Ss at other times under 
 the Mardul', more particularly, that power of determining 
 matters concerning Torniament, a fport that like a Sarcafm 
 tickles the fancy, but wounds the heart , and being of as 
 lirtle life in a Common-Wealth, as of benefit i therefore is 
 laid aiide, nor need I to fpeak any more concerning it. . There 
 is one thing more, fomewhat like a Torniament, but that it is 
 in good earned, and that is called Duel. This cometh 
 likewife within the Cognifance of this Court, but in a Mini- 
 llerial way, and as fubfervient to the Common Law , in Cafes 
 of Appeal and Right : Hereof needs likewife little more than 
 the naming , and therefore , I fliall leave the Reader that 
 would underfrand the particular managing thereof, unto the 
 Glojj.iig- difcourfe compiled by the Duke of Glocejier ^ in liich ar d thQ 
 Second's time. 
 
 Laftly , As touching the Antiquity of this Court, though it- 
 may be great, yet the power thereof was doubtful , and fcarce 
 taken notice of in any publick Ad of State, till about thefe 
 times » when as a complaint was made by the Commons, for 
 the encroachment of that Court upon the liberty of the peo* 
 pie, and bounds of the Courrs of Common Law > Nor is it 
 iUange that fuch unquiet times brought forth fuch Precedents, 
 but much more ftrange that the Common Law held «p its 
 head againft fuch violent irruptions of War. 
 
 CHAP. XII. 
 
 of the Peace.- 
 
 YOuhave feen the Kingdom in Armour, now fee if in 
 Robes , and you will fay that its Majefty therein is as 
 grave, as it was in the other brave. It's true, the tempers are 
 io contrary, as it may be wondred how one and the fame 
 fliould be wife and willing fojr both: but when God will 
 
 do 
 
The govern' j Edw.3, 1 Kings of 109 
 
 mcnt of I Rich. 2. 3 Englard, 
 
 do much, he gives much, and can make a people as one Man, 
 like unto Caleb fitted both for War and Peace ; Bclides , the 
 times were now much conducing hereto, it's vain to endea- 
 vour to allay h.umours in thebody^ which are maintained by 
 Agitation, they mufc be purged out, or the whole will ftill be 
 endangered; and therefore although Kings hitherto did. en- 
 deavour tocltablifn a peaceable Government, yet being led by 
 ill Principles of private Interefts, they laboured to little pur- 
 pofc; but now the Scene is altered, and one wife moderate 
 King, that was as wife as valiant, did more than they all : And 
 rirftfctarule upon his own deilres, contenting him-fclf with the 
 condition of an Engli(h King i and then upon his ped^c, 
 making them contented with the condition of Englifli- iBcn. . 
 
 The order herein was no lefs obfervable \ for the former 
 wrangling times having trained up the minds of men in a 
 tumultuous way , nor could they skill to pace in the fteps 
 of peace, the King led them into Foraign parts tofperd their 
 heat , till being either weak or weary , they are contented to 
 return home , and ftudy the happincfs of a quiet life : thefc 
 men thus ordered , the reft at home are made more cool , lik<; 
 a body after Phyfick, and all are now contented to fubmit to 
 Law and Magiftracy. A fitting time now it was for Juftices 
 of Peace to come upon the Stage in their belt garb; For 
 though the work was more ancient, yet like fomeloofe notes 
 laid afide in feveral places , it was not to be found , but at a 
 diftance , and after long delay. But Edrvard the Third 
 fumsupall into one brief, and brings a complete model 
 thereof into the World for future Ages to accomplifh , as 
 occafion (hould lead the way. The courfe was now tftablifhed 
 to have Juftices fettled in every County, there to be refident 
 and attending that Service. Fir ft , they were named Guar- 
 dians, or Wardens of the Peace, but within a few years al^ , £ , ^^p j^ 
 tered their Title to Juftices. Firft, tfiey were chofen out oi lE.^.n];. ' 
 the good and lawful men of each County : After that they 17 E.'^.n.m. 
 were two or three chofen out of the worthy eft Men , and i i- 3. cap. rr 
 thefc were to be joyned with Lawyers. Then was one Lord 18 £.3.f^p.ir 
 
 and 
 
110 The govern- « Edw. 5. -% ^^^g^ of 
 
 govern- « caw. ^. ^ ^^"g^ oj 
 ment of i Rich. 2. y England, 
 
 and three or four in each County of the nioft worthy men, 
 34f.5 c. I. adjoyned with Lawyers. Afterward in Richard the Second's 
 time, the number of juftices in each County might attain to 
 ii 2^.j,c.io. the number of fix, and no Steward of any Lord to be admitted 
 into the CommilHon •, but within half a year all is at large, 
 fo be it that the choice be out of the moft fufficient Knights, 
 Efquires, and Gentlemen of the County. Again, within two 
 i:^^.z.c.it. years, the number in each County is fet at eight,yet in all thefc, 
 the Judges and Serjeants were not reckoned, fo as the work 
 then feemeth not fo much as now a days, although it was much 
 of the fame kind ; and yet it grew up into that greatnefs 
 wliich it had by degrees. Before they were fettled by Edjvard 
 the Third, there were Cw/Jo^fi- pacir , which might be thofe 
 whom we now a days call the HIgh-Conftable of the Hundred, 
 whofe work was purely Minifterial. 
 
 Afterward about the fecond year of 'Edward the Third , the 
 Guardians of the peace had power of Oyer and 'Terminer , in 
 ^E.■i,,c. 3. rnattcrs of riding armed upon the Statute 2 Ed.^. After that, 
 4£. 3.C2. they have power of enquiry by Indidtment in certain Cafes, 
 8 £. 3". n. 61. within four years after they have power of Oyer and terminer 
 18 £.3. C.I. jj^ Cafes of fal(e Jurors, and maintenance : and about ten years 
 ^7 ^•^•'^■^°' after that, they obtained like power in matters of Felony and 
 Trefpafs. The way of Commiflions in cafe of life and mem- 
 ber thus opened j another occafion of Commiilion offers it felf 
 for a determinative power, in cafe of offences againft the Sta- 
 2? ^ 5- tuteof Labourers, and the Cognifance hereof is foon fettled 
 Stat I.e. 7- upon Commiflioners in the Counties fpecially chofen for that 
 ^^ '^' ' ' Service, which queftionlefs as the times then ftood , was as 
 commendable work as it was neceiTary : For Soldiers were fo 
 many that Labourers were very few \ and thofe that once are 
 accuftomed to Arms thinkever after meanly of the Handi- 
 craft-, nor will they ever (loop thereto after their Spirits are 
 once elevated by Maftery of Adventures. And fecondly, thofe 
 • few Labourers that remained of the Sword, Plague, and other 
 difaftersof thefe wafting times , underftood their advantage, 
 and fet a value upon their labours far above their merit , ap- 
 
 pre- 
 
Tht Govern' 5 Edw. 3. ' ? Kings of III 
 
 went of 2 Rich. 2, $ England, 
 
 prehcnding that Men would rather part with too much of a 
 little, than to let their work lie IHU, that muft bring them in all 
 they have-, but thefeCommiliioners lartednot long, though 
 the work did: The Jullices of Peace are looked upon as 
 meet for that fervicc, and it's a vain thing to multiply Com-.^jtr. 5. c.6. 
 millions where the work may be done by one, that before this 
 time had obtained an additional Cognifance of all Caufcs of 
 Riots, Batteries, wandring dangerous perfons, and offences in 
 Weights and Meafures, and in Purveyance. To tiiem, I fay, ,^ ll.->,c.f,6, 
 all this work concerning Labourers is alfo committed by the ^ 
 Parliament i and herewith a way was laid open for Crimes of 
 greateft regard under Felony to be determined by Trial in the 
 Countrey according to the courfe of Common Law. The 
 ilTue of all which was not only eafe to the people , but a great 
 efcape from the rigour of the Council-Table in the Scar- Cham- 
 ber and the King's- Betich at IP^ejiminjier on the one fide ^^xdt- 
 and alfo from the gripe of the Clergy on the others who hi- 
 therto held the Cognifance of the Markets in Weights and 
 Meafures to themfelves. This model fo pleafed all men , that 
 KiVWd/ the Second, that was pleafed with nothing but his 
 own pleafure, gave unto the Jurtices of Peace yet further power 
 to execute the Statute at ZVor//^.^w/>ffl« againft riotous tidings, ^ . ^,, 
 and to fettle the wages of Labourers and Servants , to punifh 
 unlawful Huntings by the meaner fort of people, and regrators 
 of Wool, falfe Weights in the Staple, unlawful wearing of Li- ,. Rifj;,.^ ^ 2. 
 veries, and unlawful fi(hings, contrary to the Statute at If^eji- cap. 1:5. 
 miHlUr^2. Thus was the power of Juftices of the Peace grown x^Rtch.z.c,^-, 
 to that hcighth in thefe and other things, that it undermined, i<^ ^'<^^m.<' 4. 
 not only the Council-Table and KingVBench, but the Com- i7-J<'fft.i.«^.?. 
 Hiilfionsof Gaol-delivery, and of Oyer and 'terminer, fo far 
 forth as their work was much lefs than formerly, for Neigh- 
 bours in cafes of Crime are better truflcd. with the lives and 
 eftatcsof men, thanftrangers, foas in all this the people are 
 Hill the gainers. 
 
 The manner of Judicature by thefe Juftibcsof the Peace ftill 
 remains ; nothing appears by any Statute in thefe times, that 
 
 one 
 
113 The Govern^ c Edw.3. 9 Kittgf of 
 
 mmt of I Rich. 2, J England, 
 
 1 j- Kfch.x-c.x, one Juftice of the Peace might do alone, but record a forcible 
 
 ' detainer, although queftionlefs in point of prefent fecurity of 
 the peact and good behaviour by the intent of the Statutes , he- 
 might (Jo many thi:-.gSj but inCafer of Oyer and 'terminer^ all 
 muft be done in publick Seflions,which the juflices of the Peace 
 had power to hold by CoiiuTiiffion only, until the thirty fixth 
 year of E«^Wt«r,i^ the Third, and ever after that they held their' 
 
 2 4 £. ^ c. I . Seiiions by vertue of the Statutes, and had power to determine 
 i6R~ 1- c. 4. divers things in their Seiiions according to difcretion. Thefe 
 
 were remedies after the Fad, now fee what preventing Phyllck 
 thefe times afforded. 
 
 One thing that much irritated the fpirits of men into dif- 
 contents was falfe news or flandeious reports raifed andfpread 
 amongft the great men: For in thefe times the Lords were of 
 fuch a confiderable power as the vexation of one Lor^, proved 
 the vexation of a multitude of the meaner fort j and though 
 the Statute of We{lminjier the i. formerly had provided againit 
 fuch Tales, yet it touched only fuch as concerned difcord be- 
 tween the King and people, although by implication alfo it 
 might be conftrued to extend further. But Kichard the Second, 
 
 til I.e. 6^ willing to live in quiet, that he might enjoy his pleafure,would 
 have the people i^now their duties in plain words , and agreed 
 
 12 R. i.c.ii. toa Law, that all fuch as publillied fuch falfe news, tending to 
 fow firife between the great Men , fliould be imprifoncd until 
 the firft mover was found , and if he were not found , then 
 the Rel*tor fliould be punithed by advice of the Council ; 
 So much power was ihen given to the Council, what ever it 
 Wias. , ,; 
 
 Thus the feed was choked, or was fo intended to be, though 
 every paffion was not thus fuppreffed ; For fome angers con- 
 quer all fear, and will hold pofTeffion, come what will ; In the 
 n£Xt place therefore, provifion is made againft. the firli A<3:ings 
 inforting of parties by tokens and liveries i utterly inhibiting 
 the meaner fort of the people from giving of Liveries to 
 
 I R. 2. c. 7. maintain quarrels, upon pain of Fine and Imprifonment , and 
 the Trial to be before the Juflices of Affize, which itfeems was 
 in affirmance of former Laws, as by the preamble of the Sta- 
 tute 
 
Law. 3^ 
 
 The Covern- 
 fHent 
 
 of I -^^^ ^England. 
 
 113 
 
 tute <^oth appear, though the Laws themfelvcs are not extant. 
 
 About fifteen years aicer,i I vvas by fad experience found, that 
 
 the Lrrds maintained quarrels by n-ultitude of Liveries , and 
 
 therefore another Law v.as made inhibiting the Lords to give i^S.i.f^ft ^.^ 
 
 Liveries to any but their menial Servants i and it's ordered, that 
 
 the Jufiices of :he Peace iTiall niake enquiry of fuch offences 
 
 and puniih them according to their difcretion. 
 
 A third prevention was provided againft gathering together 
 of parties after they are foi.cd. For the humours may fo a- 
 bound^as n nhing will keep them ini they muft either break out 
 into a fore, or a long ficknefs of State will certainly follow. To 
 
 E. 
 
 this end therefore, the Statute made at I\rorf/>rfw/)/(j« is again ' j^ , 
 revived, cxprelly forbiddingall perfons to ride Armed, unlef<: in \o 2ii%\^' 
 fomepartlcular Cafes of executing Juftice, or guarding the per- 
 fon of the King, or his Jufticcs, and fuch like : And if men will 
 be fp adventurous, as to out-dare Law, by publick force, 
 Troopings together, and riotous Ridings , Another courfe is 
 taken, not by Cominiifion of the Peace, but rather of War, di- 
 redtd unto valiant perfons in every County, and they have 
 power thereby to apprehend fuch Offenders, and imprifon them 
 until the Gaol-delivery, though no Indit^ment be found there- 
 of until the Gaol-delivery (hall be. By this Commiffion 
 therefore power is given of PoffsCgmitatus^'m nature of a Corn- 
 million of Array, with an Additional power of fighting and 
 deftroying,fo as though the King granteth the Power by the 
 Commiflion, yet the Parliament givcth the power to the Corn- 
 million i and be it a Commilliou for Peace or War, it is Origi- 
 nally from that power. 
 
 The fourth and laft prevention, was the taking away means 
 of continuance and fupporting fuch Riotous ways , Viz. 
 Cables and Gaols out of the Culiody '^f private h.tnds.^ and re'- ^3 ^•*<'' ''^ 
 jioring them to their Counties: icr Gaols and Cailles are 
 taken promifcuoully for places of fecurity, in ti;n.s of peace 
 to keep ill perfons from going out , and in times of war 
 from getting in : Among!! thefe, fome belonged to the King, 
 andwerecommittedtofuchashe favoured , who commonly 
 (inTuch times of Oppreliion and Violence J grew too big 
 
 S fui 
 
114. ■ rheGovern^ C Edw. 5. ^ Kings of 
 
 went of Z ^ich.2. y England. 
 
 for ]uftice, ufurpirg a Gaol delivery, and making fuch places 
 of itrength many times, even to the innocent, a Prifon to keep 
 them from the Law, but unto guilty perfons an Afylum to de- 
 fend themagainft the Law. And thefe thus belonging to the 
 King were under no Law, but of Prerogative, whereas other 
 Caftles of private ptifons were under the yoke of the Statute, 
 13 E. I. Forreir.edy ot all which, the Ring's Caftks are 
 once more returned to the SherifTsCuftody by Ad of Parlia- 
 «ient i who que(Uonlefs hath the power to difpofe of all places 
 of ftrength, whether in order to Ptace, or War, and could not 
 difpofe them into a more fa fe and indifferent hand than the 
 Sheriff's s who is as well the King's Officer, as the Kingdoms 
 Servant, and much intruded by the Law in the execution of 
 its own power. And thus is this Nation now prepared for a 
 fettled peace, a Condition that is long in ripening, and foon 
 rotten, unlefs it be well fcrced, and over- awed by a good Con- 
 fclence : But Kichard the Second, was neither io good, nor fo 
 happy V his Heart affcded to be high, but his Head could not 
 bear it » he turns giddy, and runs far wide ; Thofe that would 
 reduce him, he enforces into Foraign Countreysv and himfelf 
 holds on his carere over hedge and ditcli into Ireland ^ where 
 under pretenilon of holding polfeliion of that Kingdom, be 
 loft EtJglafid^ and whilft he plays his game in thatCountrey, a- 
 nother plays King, by your leave, in this, and fteps into the 
 Throne i teaching the King thereby this Leffon , though too 
 late » That Non-refidency is dangerous for a Frteji ^ but unto a 
 Trince fatal^ unlefs his Subjeds be faji to him^ when he is loofe 
 io them^ 
 
 CHAP. 
 
l»5 
 
 CHAP. XI If. 
 
 A Vjrxv of the Summary Courfes of Henry the Fourth^ 
 Henry ihe hifth, d^nd Henry the Sixth^ in their fe- 
 veral Reigns, 
 
 HE that played this prank was the banifhed Dake of 
 Hereford^ Son of John of Gaant ^ and by his 
 Death , now become Duke of Lancajhr by Title, 
 and as the times then were , it proved not hard to 
 get more; For in uncertain Common- Wealths, it is an eafie 
 thing for a mau of opinion , that hath lefs than his due, to 
 get more than he ought. As Son of fohn of Gaunt ^ this 
 Duke had the peoples good wifliesi he f a wife and a brave 
 Man, and under opprellionj gained the more upon the peo- 
 ple, by how much they love brave men , and companionate 
 fuch as fuflfer wrong, efpecially from fuch perfors,from whom 
 they all found the like meafure. All thefc concurring 
 with the King's abfence, invited the Duke to adventure 
 hlrafelf upon the influence of the peoples favour, to gain his 
 own right, and what more the people would allow him > and if 
 no more, yet his Honour is faved, he came for his own , and 
 attained his end. 
 
 Tlius then he comes over , without Army , or Foraign 
 power, or other help, faving the advice and intereft of Arch- 
 Eifliop ^r««i/f/, who was his Companion in fuffering, Part- 
 ner in the Caufe, and no Icfs welcome to the Clergy , than 
 the Duke himfelf was to the people* and fo gained power 
 folhe Duke, though he brought none. Upon their Arrival 
 the afpedts of all are benign > the Dukedom waits for him, 
 
 S 2 and 
 
ii5 
 
 T 
 
 - ■ ' « I I. 
 
 7he govern V Hen. 4. Hen. 5. > Kings of 
 mtnt of c Hen. 6. \ England. 
 
 and in that, as in a inirroar he beholds the way fair and eafiet' 
 yet further, it pities him to fee the Kingdom {o torn in pieces 
 an d fpoilcd ; The people knew him able, and hoped iiim wil- 
 ling to amend alii theyolTtred him their fervice ^ which he 
 accepts, and therewith the Crown; fo hard a thing it is for 
 to put a Itop to a Conquerour in hiscareie. 
 
 Bv this time was the Duke of Her^ord thus become Duke 
 of Lanca^ler^ and King of England , under the name of Hen" 
 ry the Fourth , by a defign, that in the proof was more ealle 
 than commendable.* and which being effedled cod more skill 
 to make that fcem fair, which was fo foUl , than to accompli(h 
 the thing. He therefore fivft heaps together Titles, e- 
 nough to have buried the clamour of Ufurpation , if it 
 would have fuceeeded. Conqueft was a Title freeft from 
 difpute, whilft power holds i but it looks better from a For- 
 raign Enemy , than one fworn to the Englilh Crown \ and 
 therefore after that had ferved his turn , he difclaimed it, 
 as that which was, though meet enough to have, yet unmeet 
 to hold. 
 
 His right by Defignation from his Predeceffor , he glan- 
 ced upon, but durii not adventure it too deep into the peo- 
 ples confideration,whofe Anceftors had formerly over-ruled 
 the Cafe againft Ring John. He then flayed upon a concealed 
 Title , from a concealed Son of Henry the Third , of whom 
 they who lifted might be perfwaded 5 but few believed the 
 thing,nordid himfclf, but thence takes his flight up to a 
 Jut Vivinum , 01 fome hidden Fate that called him to the 
 work \ but even there his wings faiicd him , and fo he fall? 
 fiat upon the peoples Ekdion, Ve bene ejfe. Some of thefe, 
 or all together might make Title enough for a great Man that 
 ffcfolved to hold by hook, what he had got by crook i and 
 therefore trulhng them up all together, he enters his claim 
 to the Crown, As coming from the Blood- Royar from King 
 Henry, and through the Right that God his Grace hath fent me; 
 with the help of my Kin , and Friends , to recover the famc^ 
 nhicb was in point t.) he undme , for want of good Governance^ 
 «nddtie.Jiijiioe : The extrad of all j is, thai he was chofen 
 
The govern- 5 Hen. 4. Hen. 5. ? Kings of 1 17 
 
 mentof<- Hen. 6. ^ Engla?id, 
 
 by the people and Parliamenr then fitting: And albeit that 
 by the Refignation of Richard the Second, the Parliament 
 might fcem^ in ftri(Sconltrudion of Law^ to be expired, to- 
 gether with the King's power who called them together , yet 
 did not that Parliament fo apprehend the matter, but 
 proceeded not only to definitive Sentence of Depofing 
 him, but declared themfelves by their CommiiTaries, to be 
 the three States, and Rcprefenrative of the people of En- 
 gland^ maintaining thereby their fublilkncy by the Con- 
 ilftence of the Members together , although their Chief was 
 for the prefent like a head in a trance, till they had chofen 
 Hf«r)> the Fourth to fucceed in the Throne, by this means 
 preventing the conceit of difcontinuance in the very Bud of 
 the Notion. 
 
 Much like his entry was his continuance, a continual 
 tide of Foraign and Domertick War and Confpiracy, 
 enough to exercife his great Courage , although he was more 
 Wife than Warlike , being loth to take up Arms ■-, ("for well 
 he knew, that a fick Title never fleeps but in a Bed of Peace^ 
 and more loth to lay them down -, for belldes Vidlory, where- 
 by he gained upon his Enemies in tirpe of War, he knew 
 how to make advantage of them in time of Peace, to fecuie 
 his Friends, to keep others in awe, to enforce fuch Laws as 
 ftood with reafon of State , and the prefent pofiure of 
 Affairs , and vi?here Laws failed , to fill up the period with 
 Dilates of his own WilK And upon this Account the Pro- 
 duct was a Government full of Ulcers , of Blood-flied, with- 
 out regard of Perfons, whether of the Lay, or Religious Or- 
 der , without Legal Trial , or privilege of Clerk. So 
 was Arch' Bilhop ^^j/i/f« Dethroned, Arch- Bi(hop Scroop put 
 to death, and Dukes were difrnounted without Convidion, 
 or Imputation, faving of the Ring's difpleafure : Taxes mul- 
 tiplyed , although begotten they were upon the Parliament, 
 like fomc monlhous Births fhewn to the World , to let it 
 know what could be done \ but concealed by Hiftoriins ^ to jy tr-,^ 
 let it know what may not be done. Yea, the privileges ot ^^"^'' 
 Patliament invaded in point of Elciftion ; A thing that 
 
 r.oae 
 
1 1 8 The govern- \ Hen. 4, Hen. 5. ? Kings of 
 
 mcnt of \ Heq. 6. 3 England, 
 
 noneof hisPredecefTors everexcmpliHed tohira, nor rone of 
 his Succeflbrs ever Imitated him in « nor had he purpoled it, 
 but that lie was loth the people fliould know more ot the Go- 
 vernrr.cnt thdn needs mufl-. 
 
 To keep ofTForaign troubles, he made Peace with Frame 
 for longer time than he lived •> yet was ever infered with the 
 Sword of Saint Paul in behalf of "Richard the Second's Queen, 
 and with the Fadlions between the Houics of Orleance and 
 E«r^z<7^(5/)',in which hchad interefted himielf to prelerve the 
 Foraign Neighbour»hood in Parties one againfi another , that 
 himltlf might attend hi? own fecurity at home. He would 
 have moved the Scots, but they were* already under Fng!".{h 
 Banners » nor could he reach fofar, having fo many enen-.ics 
 even in his own bofom. The Welfh w?rf big with Antiqui- 
 ty, and Mountains of Defence-, they begin to bethink them- 
 fclvesof their Ancient Principality, hold the Kinp,'s Arms at 
 hard Duty, till by Laws Enaded in Farliameni , they loft 
 2H.4.fJ/'ii- their Liberties of be-aring Office Minifterial , or of judica- 
 4H.4.c^/'.if^, ture , of holding Caftle, of Convention without the King's 
 32 Ci^cjp. i^) Liccnfe, yea, of Purchafe •, and by degrees were brought 
 :o, z8,3i- down from the height of a Free Principality to be ftarved 
 in their power, and inferiour to a Free people. And thus 
 the W'elflionthe one fide, the difcontented Lords on the 
 other , and MortimaT''s Title in all , fo bufied the King , as 
 though he lopped off the Tops as they fprang up, yet they 
 fprang forth as they were lopped \ nor was it the King's lot 
 all this while to find out the root of All, or to f\rike at 
 that. 
 
 Laflly,when time had made all troublers weary , yet he 
 
 fiill fits upon Thorns \ he was jealous of his Subjeds, jealous 
 of his Son, yea jealous of himfelf. It being ever the firft 
 and laft of his thoughts , how to keep his Crown. For 
 the moff part of his Reign, he was troubled with the 
 walking Ghofi of Kichard the Second » ever and anon he 
 wfs alive , he was here, he was there, and fo the peoples 
 minds were always kept at random > but when all thefe 
 
 Spirits 
 
Tke Govern- ^Hen^ ^. Hen. 5.?K;>?^/ of 119 
 
 ntentof*^ Hen. 6. ^Ef^ghtid. 
 
 Spirits are conjured down, 'Richard the Second's Ghoft is 
 yet within Henry's own breaft. So ruled He/iry the 
 Fourth , an unhapp'y confident mail , that durft undertake 
 more th^n he would , did more than he' ought, was foc- 
 cefsful in what he did , yet never attained his end\ to be 
 Ture of his Crown , and quiet of mind. Foraplaiflcr to this 
 fore , he turned fomcwhat towards Religion y but fhcwed 
 it more in Zeal to Church- men , than in works of Piety i 
 and therefore may be thought to regard them,' raiher as . 
 his befi: Friends in right of Arch-Bi(hop Arundel, than as 1^ 
 in relation to Rdig'or, \ yet as if he overlooked that , he jf"^ "^f' 
 dcHres their prayers, becomes a Arid obfervei: of fuper- 'i- ' ^' 
 flitious ri'-es , is fiery Zealous againlf the Lollards, in- 
 tends a journey into the. Holy Land,' and War againft the 
 Infidels, ( the common Phyfick of guilty Kings in thofe 
 days.J BricHy , he did will to do any thing but undo 
 what he had dunes and had done more, had his journey 
 to the Holy Land fuccceded*, but (whether haftnedor delay- 
 ed-, by a Prophecy. of the ending of his days, falls not within 
 my Pentocenfiire: J entringupon the work he died •,. in the 
 beginning of his pufpofes, in the tpidft of his fears, never came 
 to the Holy Land, and yet yielded up his lal'i breath ifi 
 Jerufalem, 
 
 was then fitting , and was witnefs of (he jr , , 
 Hi'y the Fourth, as it had been of his en- r-r-/, 
 'hrone , as if purpofed to fee the courfe of '-^ '^-* 
 
 T'He Parliament 
 * death of He 
 trance upon the Th 
 
 the Crown, in the doubtful currant between the two 
 Houfes of Lamafler and TiTJ^, and to maintain their own 
 honour in direding the Scepter according to their warranty 
 upon a late Intail by Ad of Parliament, yet did not all reft 
 upon this •, for the Heir of Henry the Fourth was a Man 
 every inch of him, and meant not to Moot upon the point : 
 His Father died a King , and he his Heit •, had the Crown, 
 and wasrefulved to hold it: A rough young Man he had 
 been formerly , and bold ^enough to out-face frnall doubts 
 in point of fuccedion, for he could (for a need J cut-face 
 
 common 
 
1.20 The Govern' c Hen. 4. Hen. ^.-iKitigs of 
 
 ment of i Hen. 6. £Er7glaml, 
 
 common civility it Telf. This might have lien in his wa^ for 
 he that cannot govern himfeU", can much lefs govern a 
 Kingdom." Yet a hidden providence ccr.cluded quite con- 
 trary , and rcndrcd him a clear Teftimony of a ftrange change 
 by the anointing Oyl, like that of Saul that forthwith had 
 the Spirit of another Man ; So though not hammered there- 
 to by afflidion, as was E^rtJjr^tbe Firft i yet was he his paral- 
 lel in Government and fuperiour in fuccefs. Being feated in 
 the Throne, all Men thought it dangerous to abide the ad- 
 venture of the Turn of this King'< Spirit. The Clergy had 
 butyeikrday tryed the Maftery with the Laity , and gained it 
 but by one Vote •, there was no dealing with the Clergy, 
 whilft Arch-Bi(hop ^r««if/ lived, nor with him whilft i:ffwy 
 the Fourth lived, or his merits were in memory i but now 
 they both are dead, the Clergy and the Laity are upon ev^en 
 ground \ this might m.ake the Clergy now not over confident: 
 The Lords looked on the King as a Man like enough to ftrike 
 him that Hands next: The wife Men faw he wouId.be 
 doing •> all Men were tired with intefiine quarrels » and 
 jumped in one, that he that would be in action Qiould adl 
 abroad, where he might get renown , and a purchafe big 
 enough for his Spirit. Scotland was a Kingdom yet incom- 
 petent to the King's Appetite. France was the fairer mark 
 and better game, and though too big for the Lnglifh gripe, 
 yet the Eagle ftooped, and (ped himfelf fowtll, as within fix 
 years he fallned upon the Sword and Scepter, and a Daughter 
 of France , and might have feifcd the Crown •, bur chofe to 
 iuffer a blurr to lye upon his Title derived from Edrpdt-d the 
 Third, rather than to incurr thecenfure of Arrogancy over a 
 Hooping Enemy •, or to pluck the fruit from the Tree before it 
 was fully ripe i which in time would fall into his Lap, by a 
 better Law than that of the Sword \ otherwife it might be 
 well conceited, that he that hath both Right and Power, and 
 will not feife, difclaims. Belides the King was as wcl! Inheri- 
 tor to his Father's Fate as Crown : ftill he had fuccris, but the 
 end was fo far diftant , that he died in the way thereto. The 
 brave Vaitfhwe of France maintaining War (after his Father, 
 
 th? 
 
The Govern- 
 MCfit of 
 
 ^Hen. 4. Hen. 5. 1 Kwgs df 1 3 j 
 
 i Hen. 6. f BngUnd, 
 
 the French King had yielded up the Bucklers to Hemy the 
 Fifth) till Henry the Fifth died, and the Engli(h did forego what 
 they had formerly gotten in Fr^i^cf , by the Sword of that 
 great Commander. Nor did the Englifli gain any thing in the 
 conclufion of this War, but an honourable wirdy repute , ot 
 being one of the five Chief Nations of Chrilkndom, (if ho- 
 nour it be to be reputed amongft the Nations j a Conqucrour of 
 Trance \ the chief Leader unto the dethroning of three Popes 
 at once, the Eledion of Pope Martin, and of giving a cure to 
 that deadly wound of the Popedom,which had fpent the blood 
 of two hundred thoufand Mens lives loll in that quar- 
 rel. 
 
 .ThefeForaign Engagements made the King lefs foliciton<? 
 of the point of Prerogativeat homev and tlie rather, bccaufe 
 he knew the way to conquer his private Enemies arms, and 
 hisSubjeds hearts-, without lofs of honour in the one, or 
 reverence in the other. He loved Jurtice above the rank of 
 his Predeccfrors,and in fome refpecfts above himfelfi for he 
 advanced Gafcoign for doing Juftice, though to the King's own 
 (hame. He liked not to intrude himfelf into Eledions , and 
 therefore though requelted by the Monks of Canterbury^ h€ 
 would not nominate a Succeffor to Arch-Bifliop ArundelJh\Jit. ^mlq. Bnt. 
 left the whole work to them. In the Authority of his place, 
 he was moderate , and where his Predeceffors did matters 
 without the Lords confent, when he made his Unkle the Mar- 
 quis of Vorfet^ Duke of Exeter^ and had given him a penfion 
 to maintain that honour , he asked the Lords confent there- ■^^^•. 
 to. To the Clergy he was more than juft , if. not indulgent, 
 led thereto by his Father's example, as being wrapped up in 
 the fame Intereft as I conceive, rather than out of any li- 
 king of their ways, now growing more bold upon ufurpati- 
 on than in former times. Or it may be that havin«» pre- 
 vailed in that work in France^ which to any rational Man 
 muft needs appear above the power of the King, and all the 
 Realm of England ■> he looked upon it as more than humane, 
 and himfelf as an inftrument of Miracles ■, and was ftirred 
 up in his zeal to God , according to his underftandirg in 
 
 T thofc 
 
123 ^ 7he Govern- J Hen. 4. Hen. 5. ? Kings of 
 
 went of 2. Hen. 6. ^ England, 
 
 thofe dark times, to give the Clergy fcope , and to plcafure 
 them with their liberty of the Canon-Law, that began now 
 to thunder with lire and terrour , in Tuch manner, that neither 
 tySntiq.Erit. greatnefs nor multitude could withftand the dint, as was 
 18 J. evidenced, in that penance intlidcd upon the Lord Strange^ 
 
 and his Lady in cafe of Blood-ft\ed in Holy Ground , and 
 their hot purfuit of the Lord Cobham , unto a death of a 
 new Nature , for fomewhat done, which was fometimes cal« 
 led Treafon, and fometimes Hcrefie ; And thus became Henry : 
 the Fifth baptized in the flames of the Lollards^ as his Father 
 had fddly rcndred up his fpirit in the fame; I fay, in this he 
 is to be looked upon , as one mifled for want of light, rather 
 thanin oppolition againl\ the light; For in his lali will, 
 wherein Men arc wont to be more ferious and fincere, a- 
 mongft his private regards he forgets not to refled upon 
 Religion to this purpofe : J'f^e further bequeath (faith he) 
 ia the reduHeiant Mercy of the Moji Exce^e)tt Saviour , the 
 Faith ^ Hofe ^ and Charity ^ the V£rt«e,?roJperity ^ and Peace ^ 
 pf the Kin^i our Succe^bri , and of «ttr Kingdom of En- 
 gland i that God for his Goodnefs fake would Proted^ ^</'^ 
 a^td Defend them from Vivifions , Viffenftons , and from aU , 
 mamier of Deceitfulnefs of Heretickt. And thus Piety , Ju- 
 ftice , and Moderation of Henry the Fifth , Adorned and 
 Crowned the honour of his Courage and Greatnefs, with 
 that honourable Title of Prince of Prie^is : and had he 
 been blcfled with a clearer light , he might as well under 
 ,^ . God have obtained the Title of Prince of Primes , want- 
 
 ing nothing, that might have rendred him a precedent of 
 F^aone.. 
 
 But 
 
• ■ ■ ^- I Ml III mmm^^mm i ^IM ■*>*——— ^—, 
 
 The govern^ r Hen. 4. Hen. 5 . 1 Kingt of 123 
 
 mentof I Hen. 6. \ England, 
 
 But the time is now come, that the Tide of England's I^^»>'y*hc 
 Glory muft turn, and thefudden Conqucli in France^ by Sixth, 
 Henry the Fifth, not unlike the Macedonian Monarchy , muft 
 difgorgeit felf of what it had haftily devoured, but never 
 could digel^. Three things concurred hereunto , one dan- 
 gerous, the other two fatal to the flouriftiing condition of any 
 Nation. 
 
 Firft, The King is a Minor in the leaft degree that ever any 
 Prince fate on Englifli Throne : He entred thereinto, neither 
 knowing what he did, nor where he was » and fome fay, he 
 fat therein in his Mothers Lap ; for his Life had been more 
 in the Womb, than abroad. A fad prefage of what followed, 
 for many Men think that he was in a Lap all his} days. Nor 
 are the chief men to be blamed herein, for it's a certain Truth, 
 that it's much better that Elediion of a King (hould be ground- 
 ed upon a rule that is known, though it be by defcent of Inhe- 
 ritance , than upon none at all. For if a Child fhould fuc- 
 ceed , or a Lunatick, yet where the Principle of Government 
 refteth upon the Reprefentativc of the People, there is the 
 lefs caufe of Complaint , the Government being iHll the 
 fame, both for Strength, Wifdom, and Uniformity ; though it 
 may be the Nation notfo Adiveand brave. For a Common- 
 Wealth can admit of no Minority, though a Monarchy by de- 
 fcent may. ^Xi0 
 
 Secondly, This deficiency in Nature might have been fup- 
 plyed, but that thefe times were unhappy in the ^reat power 
 of the Lords: topleafe whom, the Government is parcelled 
 out into two (hares : One is made Protedor of the King's 
 Perfon, the other Prote<^or of the Kingdom; too many by 
 one: For let their Perfons be never fo eminent for Abilities, 
 if they be not as eminent for Humility , and felf-Command, 
 their hearts will foon overrule tlicir heads into a Fadion : 
 And therefore though the Earl of JVarrvk\ was a wife Man, 
 and the Duke of Glocejler a wife Man, yet the Earl of IFar- 
 wic^ with the Duke of Glocejler were not wife. On the other 
 fide, the Protedoifhip of the King's Perfon , being in the 
 
 T 2 Duke 
 
1 34 The govern- ^ Hen. 4. Hen. 5. 1 Kings of 
 
 tftatst of c Hen. 6. \ England. 
 
 9.^Aft^ 
 
 Duke of Exf/fr,and that of the R^alm in the Duke of Glo- 
 cejier -f things fucceedcd paflirig well, for they both had one 
 publick aim, and the Duke of Ixeter could comply with the 
 Spirit of the Duke of Glocefter, who otheiwife was not fo pli- 
 ant ; But after Hve years, the Duke of Exeter dying, and the 
 Government of the King's Perfon devolving to the Earl of 
 JFarwick^. who llded with the proud Cardinal of Winchejier^ a- 
 gainft the Duke of Glocejier^ and fo not only confumed the reft 
 of the Ring's Nonage in a reliefs <linurbance of Affairs , but 
 alfo defpoyled-Hf«r)>-the Sixth, of the Spirit of a King for the 
 future, and fo the Kingdom of a King : For it was not the 
 condition of H^;/>"^ the Sixth, to be endowed with a Spirit of 
 fuch height, but might well have been led by advice, and need- 
 ed not the Earl=of'^/^<2r»/c/^'s rugged brow to overlook him 5 
 who was not conten! to have the King only 'attendant upon 
 i\is advice ; but muft likewife have him under his Red , to be 
 corrf died for his faults, and that by a Commiffion under the 
 King's own hand and Seal , dated in the eleventh year of 
 the King's Reign, and foiinder Colour of Curbing, he krl'led' 
 that fpirit in the King, which otherwife, doubtlefs, had ijoth 
 ipirit and pride enough to ad: himfelf above his due height, 
 and could not have been fo long a Child , and fo little a Man 
 as he was- 
 
 It is very true, that Henry the Fifth by . Will , feemed ta 
 countenance his Brothers , and it -cannot be denyed but ihe 
 Duke of Glocejier^ was of fuch noble parts , that they could 
 hardly dilate in any work inferiour to the Government of a 
 Kingdom. Ne-verthelefs, to yield much to the will of a -^ 
 4««4«^Kingin fuch Cafes, is as ill a precedent, as the making' of 
 a King by Adoption : and it had been better Tot the* piople'tq 
 haveadhered to the Duke of G/ocf/ffr alone, than'by joynin^ 
 him with another, bring into a precedent fuch a luxuriant 
 Complen^nt of State, as a Frotedorfhip of a Kingdom, which 
 is of fuch little ufe to a Common- Wealth , and of fo bitter 
 Fiuit to the Party, as muft needs bring- repentance'*~wher!' k is 
 too late,; -forhethalcanmanagethiVtoutiorJhlpof a "Kealm^ 
 
 tvithout 
 
The govern- S Hen. 4. Hen. 5. tKi»gs of 135 
 
 ment ofi Hen. ^. 3 England. 
 
 without anger of good Men^ or envy tf bad Men^ is fitting- to live 
 only tvith Angel I ^ and too good for the World. Nor did the 
 Duke of, Glocejiermect with better meafure, how wife Toever 
 he was, and truly devoted to the good of the Realm: For 
 after four and twenty years Government, fo wifely and faith- 
 fully carried on by him, that Juftice it felf could not touch 
 UisPerfons unjuftice did, and. h.e received this reward from 
 his Nephew Henry the Sixth, that he died in the dark, bccaufe 
 ihe MUI5 4w{ltno^endwje,theLji^t; 
 vlii ' M ?i:rr n-^r-j!. i* io :: ; '^') I'U '; 
 :! Now is He-wy'the Sixth perfwadcd rhar he isof fuH Age, 
 Jae had laid allde his Guardian, the Duke of Gloceilery but for- 
 getting to fue out his Uvery , he betakes himfelf from the 
 Grace, of G£>d, uitothewarm Sun, fas the Proverb is) chang- 
 ing the.a.dvice.Qf atohfuUxperierccd wifeCounfeNour , for 
 ;iig Gavejwime/itof an Imperious Woman, his Queen, who- al- 
 lii^vyed him no more of a King, than tht very Name i and that 
 ^fo (lie abufed-toout face the World ; and after (he had remo- 
 ved the Duke: c>f<?/(;cf//:^r out of the way^ undertook thefway 
 ^f the Klngd£Hn.in;herownPerfon, beinga F6raigiier,.neit-hcr 
 rkoowing-, noicjiring for, qihtr Law, ;tiuhvthei\Vill oi' a 
 ,W(Om"an^f; . Drujoig dlii, 
 
 Thqs the glory, of' the Houfe of Laneailer goes d'own v and 
 now ^Stsi .of tl>e Houfe. of )X<Jri^. appears in the riling,and the 
 people ;l(>gfotpiit. J 7heQycen'hereat.becomesa Souldier,&nd 
 -begins tk^ Civil ^M^aJis between ibd two Houfes, :wl)erein fher 
 E.nglifli party growing wife atnd weary )Qie prays aid of /^f/u;/^, 
 a' Natioji that Hke unto Gro.Ws»ev£r wait taprey upon. the in^ 
 J^][mmesc\( England. The Wars continue about lixteen years 
 .^y tits, vvhetein thelirft lafefdjto the En^lilh party , . the pre- 
 ^c^ifiotis-b<?ing yet, only for good Oo.vernnient : ;;Thefl the Field 
 ;isr<3uiet for about four year?,^(jteP'whicll'the; dimcwir o/illGo- 
 •vernment revtves, and together t herewith a-claimtd the Crown 
 i)y',the Houfe of Ttr^ is avouchedi thereupon ithe Wars 
 :,g«ew hot for about four years more , and then an ebb 
 pf as long quiet enfues. . The Tide at laft, returns, and in 
 
 two 
 
126 '^ke gomrn' i Hen. 4. Hen. j, 1 Kings of 
 
 ment of. I Heo. 6. i England, 
 
 Coniin. lib. I. two ycars War, ends the quarrel, with the death of fourfcore 
 ca^.7. Princes of the Blood Royal , and of this good Man, but un- 
 
 happy King. Unhappy King, T fiy , that to . purchafe bis 
 Kingdoms Freedonn from a Foraign War , fold himfelf to a 
 Woman, and yet loft his bargain, and left it to Obfervation i 
 Ihat a ConfcieniioHi M(tn , that marries for by^regardf , never 
 thrives-. For Fr^we efpyed their advantage , they had main- 
 tained War with England^ from the death of Henry the Fifth, 
 with various fuccefs : The Duke of Bedford being Regent 
 for the EngliHi, for the fpace of fourteen years mightily 
 fuftained the fainting condition of the Englifli affairs in thofe 
 parts, and having Crowned his Mafter Henry the Sixth in 
 Tarts , in the ninth year died, leaving behind him an Honoura- 
 ble Witnefs, even from his enemies, 'that he was a brave Com^ 
 mander^ a true Patriot., and a Faithful Servant to his Lord and 
 Brother Henry fif;^ Fz/>ib, andto bis Son Henry ihe Sixth. But 
 now the Duke of Bf^/^f^ is dead*, and though France had 
 concluded a Peace with the Englifh, yet they could not for- 
 get thefmartof their Rod; but concluded their Peace upont 
 Marriage, to be had with a Woman of their own blood and 
 intereft ; and what they could not effed by Arms in their own 
 Field, they did upon Englifh ground by a Feminine Spirit, 
 which they fent over into England to be their Queen, and in 
 one Civil War ftliedding more Englifh blood by the Englifli 
 Sword, than they could formerly do by all the Men of France) 
 were revenged upon England to the full , at the EngUfh- mens 
 Comfn.iih.^. own charge : For ^^hat the EngUfh gain by the Sword, is 
 caj'.'i. commonly loft by difcourfe. A Kingdom is never more be- 
 
 fooled, than in the Marriage of their King', if the Lady be 
 , great, (he is good enough, though as Jezahel ftie will not ei* 
 
 ther reverence her Husband^ obey her Lord and King, nor rei- 
 gardhis People. And thus was this KingdomTcourged by a 
 Marriage, for the Gn of the wife Men, that (building upon a 
 falfe Foundation) advifed the King in the breach of Gontrad 
 with the Earl of ^rwirtwci^'s Daughter. And thus the King 
 alfofor that hearkningto fuch Council, he murthered the 
 Duke of Gheefer, (that had been to him a Father J yielded 
 
The Govern- ^Hcn* 4- Uea.^.TKingj of 127 
 
 meni of J Hen. 6. S^'^gl'^^^* 
 
 up his Power to his Queen , (A Malkrlefs and Proud Wo- 
 man, that raadehinn like a broken Idol without ufe J fulTered 
 a Recovery of his Crown and Scepter in the Parliament 
 tromhisown Iffue, to the Line oilCork^\ then renewing the 
 War (at his Queens becit J loft what he had left of his King- 
 dom , Countrey, and Liberty, and (like the King that for- 
 got the kindnefs of Jebojada) loft his Life by the hand of his 
 Servant. 
 
 CHAP. X>IV. 
 
 of the Parliament , dttrin^ the Reigns of thefe 
 Kings* 
 
 nrHc intereft of the Parliament of England , is nerer more 
 Predominant, than when Kings want Title or Age : The 
 firft of thefe was the Cafe of Henry the Fourth immediately, 
 but of them all in relation to the pretended Law of the 
 Crown; but Hf wry the Sixth, had the difadvantage of both, 
 whereof in its due place. » 
 
 The pretended Law of the Crown of England , is to hold 
 by Inheritance, with pow-er to difpofe of the fame , in fuch 
 manner , by fuch means , and unto fuch perfons, as the King . 
 Ihall pleafe. To this it cannot bedenyed, divers Kings had 
 put in their claiiiw, by deviling their Crown in their laft 
 Willi but the fuccefs muft be attiibuted to fomc Power 
 under God, that muft be the Executor when all is done, 
 and which muft in Cafes of Debate concerning Succeffion, 
 determine the matter by a Law, beft known to the Judge 
 himfelf. 
 
 Not much unlike hereunto, is the Cafe oi Henry the 
 Fourth, who like a Bud, putting up in the place of a fading 
 Leaf J difmounts his PredecefTor ; Firft , from the peoples 
 
 xegard 
 
138 
 
 '^ '^'-meniof i Hen. 6.- ^Ehglatid, 
 
 regard , and after from his Throne, which being empty, fomc 
 times he pretended thereilgnationbf his PredecefTor to him i 
 other, whiks an obfcure Tide by.defccnt, f his Confcience tellT 
 ing him all the while that it Nvas the Sword that wrought the 
 -wor If. J B tat when he comes to -plead his Title to Foraign 
 Princesby proteftation, laying afide the mention of them all i 
 he juliiriesupon theunanimouscdnfcnt-of -the Parliament, and 
 the people in his own only Perfon : And fo before all the 
 World, confelTed the Authority and power of the Parliament • 
 of England^ in difpofing of the Crown in fpecial Cafes, as. a 
 fufficieht bar unto any pretended right that might arife from 
 the Houfe of Mortimar. And yet becaufe he never walks fafe- 
 lyth^t hath an Enemy, jTiirfuing him' flill within reach , he 
 bethinks himfelf not fure enough, unlefs his next SuccefTors 
 folio W' the dance upon the. f^nie foot V tothisend an A6t of 
 Parliament leads the Tune, whereby the Crown is granted or 
 confirmed to H^^ry the Fourth for life, and entailed upon his 
 Sons^lhomaiyJohft^Sind Humphrey ^hy 3. Petition prefented, 
 5 Hen. 4; / 
 
 nHA.cap.i. Thus Hif^r^the-Fourth, to fave his own ftake, brought his 
 8 H.^. ".38. Pofterity-into iht Uke capacity with Wmfelf, that they muft be 
 Kings, or not fubfift in the World,' if the Houfe of Tork^ pre- 
 vails j and fo he becomes fecured againft the Houfe of Tork^^ 
 treading oh his heels, unlefs the Parliament o( England (tiall 
 eat their own word : However for the prefent, the Houfe of 
 H6 » 1 8 'L^^^^l^^^ h^th the Crown entailed, and the Inheritance is left in 
 ' ' 'the Clouds to be revealed iii due time. For though this was 
 the Hrft precedent of this'kindyyct was it not the laft, wherein 
 the Parliament exercifed a Power by Grant or Confirmation,to 
 dired the Law and Courfe of -thcCrowB as they pleafed. 
 
 The <1 ue conGderatJon "hereof, -wirrtea^e the things that 
 follow, lefs firange ; Forthe Parliament-according to occafi- 
 on, as the Supreme power of this Kingdom, exercifed Supreme 
 ]urifdidion in order to the fafety of the Kingdom, as if no 
 » H.^,».u,i3..King had been to be found, in iffuing forth Writs under the 
 Great Seal i concluding of matters without the Royal AfTent: 
 
 treating 
 
The govern' j Hen. 4. Hen. 5 . 1 Kifigf of i r^ 
 
 Mcntof I Hen. 6. ^England, 
 
 treating of Peace with Foraign Nations, and of other matters, 6Hcn,6n.iz] 
 and determining their Refolvcs before difcovery made to the ^ ^^ '^•" -'•+. 
 King of their Councils i making Ordinances, and ruling by ? •■*• "* -'• 
 them , ^ H. 6. n. 2p. 2 H. 6. n. i-j. 8 II. 6. n. 12. referring 
 mattejrs determinable in Parliament, to be determined accord- 
 ing to their diredions, /4«/W/>4f^ Parliamenti: Confirming q ' 'pe'-' 
 Peace made by the King, protcfting agairft Peace,made without h , „' j.. 
 or againrt (heir confent : making Ambafladours with power 
 to engage for the Kingdom : making Generals of the Army, ^ H.^. «. 19. 
 Admirals at Sea, Chancellors, Barons, and Privy Counfcllors, 1 Hcn.^.n.ie, 
 and giving them inftrudlions , Z H. ^. ti.y^. aMdyd.artd ^i. "^ 4 ^. (^ 
 5 H. 4. «. 57. 31 H.6.H.21. and binding them to obfcrvancc ^ ^'^"•^•« ir". 
 upon Oath, 1 1 H. 4. «. ip. 3^. Ordering the perfon of the 
 King, denying his power of Judicature in Parliament, and ^^w. (?.». jr. 
 ordering his Houftiold and Revenue > befides many other "^ •"•yij 
 particulars Ij'H.f.mu 
 
 Now it luch as thele things were thus done, not by one ^Hcn.^.n 71^ 
 Parliament, which pollibly might be overfwayed by FadlionSj 
 but by the courfe of a Series of Parliaments, that mightily la- 
 boured againft Fadlion,and unworthy ends and aims, that man 
 who (hall determine the fame to be unjufl or indifcreet , fnould 
 himfelf firrt be determined to be very juft, and exceeding 
 wife. Nor was the Parliament partial in all this , but being 
 in a way of Reformation, it fet upon the work of reforming it 
 felf. 
 
 Some that are very zealous in the point of Arbitrary and 
 abfolute Government of Kings in this Nation, and in all other, 
 amongft other grounds refl: upon this one, That an Englifli 
 King hath power to call Parliaments, and diflblve them , to 
 make and unmake Members as he (hall pleafe. I do eafily 
 grant that Kings have many Occalions and Opportunities to 
 beguile their people, yet can they do nothing as Kings, but , 
 
 what of right they ought to do : They may call Parliaments, 
 but neither as often or feldom as they pleafe, if the Statute- 
 Laws of this Realm might take place ; Nor if they could, is 
 that power neceflarily, and abfolutely arifing from Supre- 
 macy i feeing it is well known that fuch power is .betrulied 
 
 V by 
 
1 go 1'be Oovtrtt' $ Hen. 4. Hen. 5. ? Kings ef 
 
 mint of 2, Hen. 6. S England, 
 
 by the Supcrioiir States in other Nations, to the Inferiour, who 
 daily attend on publick Arfairs,and*thereforecan difcern wh^n 
 the general Conventions are moft neceffary. As touching the 
 diffolving of Parliaments- againlr the wills of the Hbufes , it's 
 true that lad precedents have been of later times in that kind j 
 and fo fur want of dufe attendance, Parliaments have been en- 
 forced to adjourn, to prevent a worfe inconvenience , but thefe. 
 are intirrr/ities better buried in lilencej than produced as Argu» 
 irjents of power, feeing it's evident that Kings rhemftlves were 
 ■o greater gainers thereby, than an Angry Man is by his palfi- 
 ons. Itistruealfo that Kings may make Lords, and Corpo- 
 rations, that may fend their BurgefTcs to the Parliament , and, 
 thus the King may make as many as he will (zs the Pope did 
 with the BiQ^.opsin the Couricilof Tr^/zOyet cannot he un- 
 make them when be pleafes, nor take' the. Members from the 
 Parliament, without attainder and forfeiture, according to the. 
 known Law : Neither can all thefe Inlhnces prove, that the 
 Kings of 'EfigUnd have the foleand Supreme power over (he 
 Parliament : Nor did the Parliament in thefe times allow of 
 any fuch Authority, and therefore proceeded for the reforming 
 of themfelves,by themfelves, in many particulars as the Statutes 
 do hold forth. 
 
 And Firft in the point of Ele(aions, rfor an ertour in that, is 
 
 7H. 4.CI). jji^ean errour in the firft Concodion, that fpoils the whokNu- 
 
 „ trimentjj they ordained that the Elediun of Knights ftiall be 
 
 13 .ec.i^. ^^ ^^^ ^^^^ County-Court, after the Writ delivered to the 
 
 Sheriff. 
 
 That in full Court between the hours of eight and nine in the 
 corning, Vroclamation (Jjall be made of the day and plactr of the 
 Tarliament. Ibat the Suters duly fummoned , and others there 
 Trefent.Jhall then proceed to the hleaiont notwifhtanding any 
 Trayeror Commandement to the contrary, 7bat ihf names of 
 the ferjoHs eleVied ^ {whether prefent or ahftnt they he) (haU be 
 returned by Indenture^ between the Sheriff and the Elizors ; 
 and that a Clanfe to that end p^all be added to the- Writ of 
 Summont-* 
 .. ' ■ This 
 
Xhe govern- j Heo. 4. Hea. 5. ^ Kings of 131 
 
 menlof I , Hgw, 6*' ^England. 
 
 This was enough to make the Sheriff underftand , but not m H. ^, c.i. 
 to obey, rill a penalty of one hundred pound is by other Laws ^ Hni.6. c.j. 
 impoted upon him, and a years iinprifonment without Bail or -l^^- f.i? 
 Mainpiife,befides damages for talle return in fuch Cafes: and 
 the party fo unduly returned, Fined, and deprived of all the 
 wages for his fervice. Thus the manner of Eledion is redu- 
 ced j bit the Ptrfons are more confiderable : For hitherto any 
 Man of Englitb blood promifcuoufly had right to give 
 or receive a^Vote, although his Refidency were over the wide 
 World. 
 
 But the Parliament in the time of Uenty the Fifth , reduced i Hen. ;. c. i 
 thefe alfo, f whether they were fuch as did chufe, or were cho- s Hen. 6.c.-. 
 kn) unto their proper Counties, or elfe rendrcd them uncapa- 
 ble to Vote, or ferve for any County. And the like Order was 
 made for the Burroughs, 'that no Perfon mujl ferve for any City 
 or EtfrroHgh^ ftor give Vote in Ele^ing fuch as fljall ferve for z^ Hch,(;.c,i<. 
 that T'orvn^Hfjleft they be bath Free ^ and Kefiants within that 
 City or Burrou^h : A Law no lefs wholfome than feafonable. 
 For the times of Henry the Fourth, had taught Men to know 
 by experience , That a King that hath Souldiers fcattercd 
 over (he Kingdom , can eafily fway the County courts , and 
 make Parliaments for their own. Tooth. Yftthi?was T\Qt e- 
 nough. For all Elizors, though of the mean^ ll fort, yet are flill 
 able to do as much hurt with their Vote, as thofe of the belt 
 fort both for wifdom and publick mind, can do good by theirs. 
 This made Elcjflions much fubje(i to parties, and confulions, 
 and rendred the Parliament much lefs confiderable. 
 ' A remedy hereunto is provided, in the minority o^ Henry 
 the Sixth, l^iz. That no Man f.'onld give his Vote in Eleclions in ^ ^^"' ^' ''•7« 
 the County., wilefs he hath forty fJ-jillings yearly in Free Lands or 
 Tenements^ and this is to be teiii^ed upon Oath of the Party. And- 
 more plainly it is ordered ("within two years after ) that each 
 Elizor lliall have Frank Tenement of that value within the i^^'"<^' ^-2^ 
 fame County.. And thus the Free-men yielded up their li- 
 berty of Eledion to the Free-holders, poilibly not knowing 
 wJiat they did •, Neverthelefs, the Parliament well knew what 
 ^hey did 3 this cliacge was no lei's good than great. 
 
 V 2 For 
 
1^2 The Govern- CHen. 4. Hen. 5. ? /C/^^a/t^ 
 
 mentpf 2. Hen. 6* yEpjgland, 
 
 For firit, Thcfe times were no times for any great meafure 
 of Civility; The Preface of the Statute fhews , that the 
 meanefi; held himfelf asgood aMan, as the greateft in the 
 Gountrey, and this tende<i to parties , tumults, and bjood- 
 
 n-.ed. 
 
 Secondly, where the multitude prevail, the meaner fort are 
 upon thedppcr hand i and thefe (generally ignorant) cannot 
 judge of Pcrfons, nor Times, but being for the moft part led 
 by Fadion or Affe<5^ion, rather than by right Underrtanding^ 
 make their Eledions, and thereby the general Council of this 
 Nation, lefs generous and noble. 
 
 Thirdly, There is no lefs equity in the cbange, than policy / 
 for what can be more reafonable, thin that thofe Men only, 
 fhould have their Votes in Eledlion of the Common Counci4 
 of the Kingdom, whofe Eftates are chargeable with the publick 
 Taxes and AflTelTments, and with the Wages of thofe perfons 
 tliat are chofen for the publick Service : But above all the reft,* 
 this advancing of the Free-holders in this manner of Eledlion 
 wasbeneHcial to the Free-menof E«g/<»W, although perchance 
 they confidered not thereof i and this will more clearly appear 
 in the confideration of thefe three particulars. 
 
 Fird, It abated the power of the Lords, and great Men^ 
 who held the inferiour fort at their Devotian, and much oi" 
 what they had by their Vote. 
 
 Secondly, Itrendred the body of the people more braver 
 for the advancing of the Free-holder, above the Freeman., 
 raifeth the fpirit of the meaner fort to publick regards , and 
 f under a kind of Ambition) to afpire unto the degree of a 
 Free- holder, that they may be fomSwhat in the Common- 
 Wealth, and thus leaving the meaneft rank fifted to the very 
 bran, they become lefs coniiderable, and more fubjedl to Coer- 
 cive power, whilft in the mean time the Free-holder now • ad- 
 vanced unto the degree of a Yeoman, becomes no lefs careful 
 to maintain correfpondency with the Laws, than be was in» 
 duftriousin the attaining of his degree. 
 
 Thirdly, By this means now the Law makes a reparation of 
 the inferiour Clergy, and Clojftercd people^ from this fervice,. 
 
 wherein 
 
TJoeGover/t-^Hea*^, Hen. 5. P/C/V;^/ of 133 
 
 . meftt of "2, Hen. 6. ^Eftgland. 
 
 wherein they might ferve particular ends much, but Rome 
 much more. For nothing appearcth , but that thefe dead 
 perfons in Law, were ncverthelefs, Free-men in Fa(f^, and loll: 
 not the liberty of their Birth-right, by entring into P>.eHgion,to 
 become thereby either Bond, or no Free-Members of the peo- 
 ple of Englaffd. 
 
 Laftly, As a binding plainer above the reft i Firft, a Nega- , , ;^^, <^. ,-^ 
 tive Law is made, that the perfons eleded in the County, muA 
 not be of the degree, of a Yeoman, but of the moft noted 
 Knights, Efquires, or Gentlemen of theCountrey i which ta- 
 citeiy implies that it was too common-to advance thofe of the 
 meaner fort > whether by reafon of the former wafting times^ 
 Knights and Efquires were grown fcant in number, or (by rea- 
 fon of their rudenefs J in account : Or it may be the Yeomanry 
 grew now to feel their ftrength, and meant not to be further 
 underlings to the great Men, than they are to their Feathers,to 
 wear them no longer than they will make them brave, Sq^ 
 condly, the pcrfon thus agreed upon , his entertainment muft 
 be accordingly, and therefore the manner of taxing in full ^3 ^ s-c.iii 
 County, and levying, the rate of Wages for their maintenance, 
 is reformed and fettled. And Laftly, Their perfons are put 
 under the protedionof the Law in an efpecial manner, for as 
 their work is full of retlexion, fo formerly they had met with u H. 6,c.ti, 
 many fad influences for their labour. And therefore a penal 
 Law is made, againft force to be made upon the perfons of 
 thofe Workmen of State, either in their going to that Service, 
 or attending thereupon, making fuch Delinquents liable to 
 Fine and Imprifonment, and double damages. And thus how- 
 ever the times were full of confufions, yet a foundation was 
 laid of a more uniform Government in future times, than E«^ 
 gland hitherto had feen. 
 
 CHAP. 
 
 ^ 
 
The govern- I Hen. 4. Hen. 5. ) Kings of 
 ment of I Hen. 6. 3 EngUndk 
 
 n\ 
 
 K' 
 
 CHAP. XV. 
 of the Cuftos, or^ ProteQior Regni. 
 
 Ings, though they have vafl: dimenfions, yet are not in- 
 finite, nor greater than the bounds of one Kingdom, 
 wherein, if prefent, they are in all places prefent \ if other- 
 wife, they are like the Sun gone down \ and muft rule by re- 
 flexion, as the Moon in the night ; In a mixt Common- 
 wealth, they are integral Members, and therefore regularly 
 muft adl , Ver deputatnm^ when their perfons are abfent in 
 another Legialty, and cannot ad:, P^r/^; Partly becaufe 
 their Luftre is fomewhat eclipfed by another Horizon > and 
 partly by common intendment they cannot take notice of 
 things done in their abfence. It hath therefore been the an- 
 cient courfe of Kings of this Nation, to conftitute Vice-ge- 
 rents in their abfence, giving them feveral Titles, and feveral 
 powers, according as the ncceffity of mffajrs required ; Some- 
 times they are called Lord Warden, or Lord Keeper of the 
 ^ p Kingdom, and have therewith the genefal power of a King, 
 
 £ I rn' ^^ ^^ '^ ^^^ ^'^^^ J°^^ ?^4rrf« Earl of Surrey^ appointed there- 
 unto by 'Edward the Firft, who had not only power to com- 
 mand, but to grant, and this power extended both to 'England 
 and Scotland. And Veter Gaifeflon (though a Foraigner) had 
 the like power given him by Edward the Second over England^ 
 Rou Vat. w . jQ jj^g reproach of the Englifti Nobility , which alfo they re- 
 venged afterward. Sometimes thefe Vice- gerents are called 
 Lieutenants, which feemeth to confer only the King's power in 
 the Militia, as a Lieutenant-General in an Army. And thus 
 Kichard the Second made Edmund Duke of ICeri^ , his Lieute- 
 nant of the Kingdom oi England.^ to oppofe the entry of the 
 Duke of Her^ord^ ( Afterwards called Henry the FourthJ 
 ImoEnglaHd^ during the King's abfence in Ireland: And in the 
 
 mean 
 
 2. m. Z: 
 
TUG over ft' ^Hen*^. Hen. 5. ?/Ci»^/ of 195 
 
 ffientof'^ He«. 6. ^EttgUnd, 
 
 mean while the other part of the Royalty which conecrncd 
 the Revenues of the Crown was bctruiicd to the Earl of Ullt- 
 Jhire^ Sir John Bup, Sir Jamet Baggot , and Sir Henry Green^ 
 unto whom CMcn fay J the King put his Kingdom to Farm. 
 But more ordinarily the King's power was delegated unto one, 
 under both the Titles of Lord Guardian of the Kingdom, and 
 Lieutenant within the fame i fuch was the Title of Henry Lacy 
 Earl of L;«co/«, and of Gilbert Ve Cbre Earl of GUcejier^ and Rnt. Pjt 4 E. 
 of AndnmarVe Valentia V^2ix\ of Tenibroke, dWoi them at fe- i- i'/. i-w.iS. 
 veral times fo conrtituted by E^n?jr^ the Second, as by the 
 Patent Rolls appeareth : So like wife did Ec/avr^ the Third, 
 make his Brother Johno^ Eltham twice, and the Black Prince 
 thrice, and L/o,vf/Duke of Clareme^ and his Brother Thomas 
 each of them once in the feveral paiTages of Edtvard the Third 
 beyond the Sea, in the third, fifth, twelfth , fourteenth , lix- 
 teenth, nineteenth, and thirty third years of his Rtign con- ^^ ^^^^ , 
 cernirg which fee the Patent Rolls of thofe years. And ^ ,^^ , ' ' 
 He^ny the Fifth gave likewife the fame Title and Authority to 
 the Duke of Effi^or^, upon the King's Voyage into France y ^ H,i^. t}!.i^, 
 and afterward that Duke being fent over to feccnd the King; 
 in the French Wars, the Duke of Glocefier obtained the fame' 
 power and place. But Hf«r)' the Sixth added a further Title 
 of Protedor, and Defender of the Kingdom and Church of j jj^.j ,< ci. 
 England i this was firft given to the Duke of Bedford ^ 2nd ,„_:^^ 
 afterwards he being made Regent of France , it was conferred 
 upon the Duke of Clocejier. And towards the latter time of _ 
 H<'>;ry the Sixth , it was granted by him to Richard Duke of' 
 TorJ^. This Title carried^ along with it a power , different 
 from that of a King only in honour , and the perfon fo adorn- 
 ed mjay be faid to fway the Scepter , but not to wear the 
 CroWn. And therefore in the minority of Henry the Sixth, 
 when as the Government was ordered by the Parliament, and 
 to-thatend a Protc(Sor was made, and he well guarded with 
 a Privy Council, and they provided with inflrudiions, one of 
 them was, that in all matters not to be tranfaded ordinarily 
 bur by the Ring's exprefs con-fent, the Privy Council fhould 
 advife with the Protestor > but this is not fo needful, in regard 
 
 ihat 
 
 //. ^. t}7. 
 
mcnt of I Hen. 6. 3 England, 
 
 thatitconcerneth the power of executing of Laws, which by 
 r.^ht of the liberty of the Subject is the known duty of the 
 Scepter, in whofe hands focver it is holden. And therefore I 
 fliall pais to the Legiflative power, wherein it's .evident that 
 the Protcdor's power was no whit infetiour to the King's 
 power. For Firll, The Protcdtor, Ex oj^c/o, by advice of the 
 Council, did fummon Parliaments by Writs, even as the Kings 
 . themfelves, under their own Telle ', and if not bear the Royal 
 AiTent, yet did they dired: the fame, and received petitions in 
 "Parliament to them dire(Sed as to Kings, and every way fup- 
 plyed the Room of a King, in order to the pertedting , puJb- 
 lifning. and enforcing of Law to Execution. Secondly, The 
 Parliaments holden by ProtedlorSjand Laws therein made, are 
 T\6 whit inferiour to thofe by the Kmg, whether for Honour, 
 or Power : And therefore if a Parliament be holden by the 
 Lord Warden, and fitting the Parliament, the King in perfon 
 ■fiiall arrive, and be there prefent i neither is the Parliament 
 interrupted thereby, nor the power thereof changed at alii 
 though the power and place of the Warden(hipof the King- 
 dom, doth utterly vanith by the perfonal aocefs of the King > 
 becaufe in all places, where the King is fubfervient to the King- 
 dom, or the Common- Wealth , the Lord Warden in his ab- 
 fence isconfervient unto him, being in his ftead, and not under 
 him, for the very place fuppofeth him as not, becaufe not pre- 
 t.H. f. f I. ^(^"f* And this was by a Law dedaratively published at fuch 
 time as Henry the Fifth was Regent of France^ and therefore 
 by common prefumption, was likely to have much occailon of 
 lefidence in that Kingdom, and it holdeth in equal force with 
 all other Laws of the higheft fize, which is the xather to be 
 noted becaufe it is ("though under a Protedtor ) obligatory to 
 the King, and makes his perfonal prefence no more confidera- 
 bie thin the prefence of his (hadow. For the King fpent three 
 whole years in the French Wars, and during that time never 
 faw England^ where nevertheless, in that interim three Parlia- 
 ments had been holden, one by the Duke of Bedford, and two 
 by the Duke of G/ocf/?^r i in the laft of which this Law was 
 made, And in truth if we look upon this Title of the King- 
 doms 
 
• ■ ■■■ II ■ ' ■ 
 
 The govern- r Hen. 4. Hen. 5 . ^ Kings of 137 
 
 went of i Hen. 6. 5 England, 
 
 doms Guardianfhip in its bare lineaments, without lights and 
 fhadows, it will appear little better than a Crown of Feathers 
 worn only for bravery, and in nothing adding to the real abi- 
 lity of the governing part of this Nation : Neither were the 
 pCrfons of thefc Mj^xi/rcof j- fo well defcrving, nor did the 
 Nation expedl any fuch matter from them. Edward the Fir(t 
 was a wife King, and yet in his abfence chofe Edward the Se- 
 cond to iiold that phce, he being then not above fourteen years 
 of Age, afterwards E^wjr^the Second's Queen, and the Lords 
 of her party, were wife enough in their way, and yet they chole 
 Edward the Third to be their Cujilos Kegni^ then not fourteen 
 years old, his Father in the mean time being neither abfent T^ot.?:it y T. 
 from the Kingdom nor depof£d,but only difmiffed from adting 5 fi.w.i6. 
 in the ad minillration of the Government. Edward the Third 
 follows tiie fame example, he firft makes his Brother John of 
 Eltham, Cuilos R<'^«i, and this he did at two feveral times, once 
 when he was but eleven years old, afterwards when he was 
 about fourteen ; Then he made his Son, the Black Prince, 
 upon feveral occafions three times Lord Warden of the King- 
 dom, once he being about nine years old, and again when he 
 was eleven years old, and once when about fourteen years old. 
 Lafily, E^n'jr^ the Third appointed his Son Lionel Duke of 
 Clarence unto this place of Cuilos Kegni^ when as he was fcarce 
 eight years old, all which will appear upon the comparing 
 their Ages with the feveral Rolls of 25 E. i. 6" ^^ 5,12,14,16, 
 ip E. 3. If therefore the work of a CKjfoj- Rfgw/, be fuch as 
 may be as well done by the Infants of Kings as by the wifeft 
 Counfcllor, or moll valiant Man i it is in my opinion manifell 
 that the place is of little other ufe to this Common- Wealth than 
 to ferve as attire to a comely perfon, to make it feem more fair 
 becaufeit is infa(hion,nor doth it advance the value of 3 
 King, one grain above what his Perfonal endowments do 
 defer ve. 
 
 Hitherto of the Title and power •, the next conlideration will 
 be of the original Fountain from whence it is derived , where- 
 in the precedents are clear and plain, that ordinarily they 
 arc the next and immediate off- fpring of Kings, if they be pre- 
 
 X fcnt 
 
138 Ihe govern- J Hen. 4. Hen. 5. > Kings of 
 
 f»btit of t Hen. 6. \ EngUnd. 
 
 fent within the four Seasj to be by them enabled by Letters • 
 Patents or Commillion ; But whether prefent or abfent , the 
 Parliament when it fate did ever perufe their Authority, and 
 if it faw need, changed, enlarged, or abridged both it and 
 them. Thus was the Duke of G/ocfjbr made Lord Warden 
 in the time of Henry the Fifth (he being then in France) in the 
 room of the Duke of Bedford, the like alfo in Henry the Sixth's 
 time, when as the King was young i for then the Parliament 
 made the Duke of Bedford Lord Warden, and added unto that 
 Title, the Title of Protedor. Afterward at the Duke's going 
 over into France^ they committed that Service to the Duke of 
 Glocejler Of I forget not the nature of the Roll J during the . 
 Duke of Bedford^ abfence and with a Salve of his right, Nor 
 unlike hereunto was the courfe that was taken by the Parlia- 
 ment in tbefe fullen latter times of Henry the Sixth , whereof 
 more hereafter in the next Paragraph. 
 
 Laftly, The limitation of this high power and Title is diffe- 
 rent according to the occafion, for the Guardianfhip of the 
 Kingdom by common intendment, is to endure no longer than 
 the King is abfent from the helm, either by voluntary deferr- 
 ing the work, or employment in Foraign parts i though united 
 they be under the Government of the fame King i together 
 with this N*ation, fuch as are thefe parts of France^ Ireland^ 
 andi9c(?f/-««^, then under the Englifli Fee; This is apparent 
 from the nature of that Statute of Henry the Fifth formerly 
 mentioned j for if there was need to provide by that Statute, 
 that the King's Arrival and Perfonal prefence (hould not dif- 
 folve the Parliament, affembled by the Authority of the Cniies 
 Kegni; then doth it imply, that the perfonal prefence of the 
 King, by and upon his Arrival had otherwife determined the 
 Parliament and that Authority whereby it fate. But the pre- 
 cedents are more clear, all of them generally running in thefe, 
 or the like words, 7« ^^/f;i/i^ Kegis^ or ^amdiu Kex fnerit 
 in partibus tranfmarinis. It is alfo to be granted , that the 
 King's will is many times fubjoyned thereunto, as if it were in 
 him to difplace them, and place others in his«bfence » yet do I 
 fold no precedent of any fugh nature, without the concurrence 
 
The Govern- C Hen. 4. Hen. 5. ^ Kitfgs of i^a 
 
 wetit of I Hen. 6. y England, 
 
 of the Lords or Parliament, and yet that the Parliament hath 
 ordered fuch things without his confent. For when Richard 
 the Firrt, pafling to the Holy Land, had left the Biihop of Ely 
 to execute that place during his abfence in remote parts, the 
 Lords finding the Bi(hop unfaithful in his Charge , excluded 
 him both from that place and Kingdom, and made the King's 
 Brother Joh»^ Lord Warden in his (lead. 
 
 But in the Cafe of the Protcdtorihip, which fuppofeth difa- 
 bility in the peifon of the King, the fame by common intend- 
 ment is to continue during the King's difability i and there- 
 fore in the Cafe of Henry the Sixth, it was determined, that 
 the Protedor{hipdoth Ipfo FaV,o , ceafe at the King's Ccro- 8 //. /r, n. 
 nation, becaufe thereby the King is fuppofed able to govern i 
 although in latter times it hath not fo been holden : For 
 Kings have been capable of that Ceremony , as foon as of 
 the Title, and yet commonly are fuppofed to be under the rule 
 of neceffity of ProtedtorQiip, (ill they be fourteen years of 
 Age, or C as the Cafe may be ) longer ; For although Hemy 
 the Sixth was once thought ripe, when he was eight years ^ 
 old, yet in the ilTue he proved fcarce ripe for the Crown at his 
 two and twentyeth year. Neverthelefs, the default of Age is 
 not the only incapacity of Kings j they have infirmities as 
 other Men, yea more dangerous than any other Man i which 
 though an unpleafant Tune it be to harp upon , yet it is a 
 Theam, that Nations fometimes are enforced to ruminate upon, 
 when God will give them Kings in his Wrath, and thofe alfo 
 over to their own lufts in his anger. In fuch Cafes therefore, 
 this Nation fometimes have Hed to the refuge of a Prote<!ior, 
 and feldom it is, that they can determine for how Iqng ; vv hen 
 Henry the Sixth was above thirty years old , Richard Duke of 
 Tori^ was made Protedor, and Defender of the Realm, and of 
 the Church i It was done (if the Record faith true) by the King 
 himfelf, Authoritate Parliamenti : It was further pro.vided by 
 the Parliament, that though this was to continue, ^amdiu 
 Regi placMerit^ yet the Duke (hould hold that place , till the 
 King's Son E<iwjr^,{hould come to years of difcretion , and 
 (hall declare that he will take that place upon himfelf. 
 
 X 2 The 
 
I4jd The Govern- 5 Hen. 4. Hen. 5. ) Kings of 
 
 went of 2 Hen. 6. y England, 
 
 t^of. Pat. 32 The ground hereof is faid to be, that the King was , Gravi 
 Hen. 6. m.y. hifirmitate detentus , which could not be intended of any bodily 
 dillemper-, for neither doth any fuch thing appear by any Au- 
 thour or Record. Nor if fuch had been, yet had it been an ir- 
 rational thing in the Parliament, to determine the fame upon 
 the Princes difcretion, and acceptance of the Charge upon 
 himfclf. It feemeth therefore, that it was , Gravis injirmitat 
 Aftimi, and that this way of the Parliament tended to a tacite 
 Aiding him out of the Government of the Kingdom, by a mo- 
 derate exprelljon of a general incapacity inhisperfon. 
 
 The Conclufion of all that hath been faid concerning this 
 Title, is double ; One, that both the Cuflos Kegni^ and Protedtor 
 are not fubiilknt, bat confiftent with that of a King, becaufe it 
 fuppofes a King under incapacity. 
 
 Secondly, That they tend to teach the peopk a neceffity of 
 havingoneChief, although it may, in truth, feem to be but a 
 trick of State i like fome pretty carved Cherubims in the Roof 
 of a building, that do feem to bearit up, when as, in truth, it 
 ss-the Pillars that fuf port both it and them. 
 
 CHAP, 
 
TU Cover ft' ^Her\,i^, Hen. 5. ?/C/>^^/ of 141 
 
 we fit of"^ Hen. 6. ^Enghfid. 
 
 CHAP. xvr. 
 
 Cottcerniftg the Privy-CoHMcil, 
 
 NAtions do meet with their Exigencies as well as per^ 
 fons, and in fuch condition, Refolutions taken up by 
 fudden conceit, are many times more effedlual than more- 
 mature deliberations , which require more time in compo- 
 fing, are more flow in Conclufion , let flip opportunities, and 
 fall ihort of expedation in the end. Such are the ways of 
 debate in the Grand Reprefentativc of the Kingdom. Add 
 hereunto, that in putting the Laws in execution, greater dif-* 
 cretion is required, than can enter into the head of any one v 
 
 Man, and greater fpeed than can ftand with debate amongll 
 many : And therefore it is beyond all doubt, that the Con- 
 venticles of Council, are no lefs neccffary in their degree, than 
 the AfTcmblyof the Eflatesof this Nation J in their Grand 
 Convention. ' 
 
 Yet with this Caveat, that one Genious may move in both i *• 
 
 for othcrwifc the motions of Government murt ^leeds be in- 
 conflant, inconfilknt, and like that of an Hypocrite, one way 
 abroad, another way at home •> neither comfortable to it felf, 
 nor conHding to others; and therefore cannot thefe privater 
 Councils, by any proportion of Reafon, be better Conflituted, 
 than by the Reprefentativc it felf, that it may be a Creature 
 made in its own Image, one and the fame with the Image of 
 the maker. 
 
 This was the wifdom and the pradlice of thefe tifTies, more „ 
 ordinarily than in the former i for the Parliament was no lefs „ ^^' '^'^ ' 
 jealous of the power of Henry the Fourth, than of the inlir* 11,^1.44. 
 mitiesof Hfwr)* the Sixth > nor more affurcd in the aims oi 1 H.6. n. ly, 
 any of them aH, thin thcmfelves were in theirown Title to i^. 
 the Crown. 31 H. <?.,♦; 31. 
 
 Neither was this fufficient, for the Parliament looked upon 
 thcmfelves as a body that fometimes muft retire to left, 
 
 and - 
 
i i .^j ■»! i. nn i r r riTi i n i TB n 
 
 143 The Govern* <}:{tVi, 4. Hen. ^,'1 Kings of 
 
 mcnt of I Hen. 6. J England, 
 
 and upon the Privy Council, as Watch- men fubjecfi: to change, 
 
 2H6 ».8 1 ^^^ therefore they not only give them inftrudtions but en- 
 
 a^ 1 4 , z (^. ' ' 8^§^ ^^^"^ ^^^^ obfcrvance. Their inftrudions were fometimes 
 
 occafional but fome more general , of which I (hall inftance 
 
 only in two, which were to be of'everlafting regard. Firft, 
 
 That they (hould hold no pleas before them , that is to fay, 
 
 at the Council- Table, or at the Privy Council, nor before any 
 
 of theraunlefs as Judgesin the Chancery, Exchequer, or* 
 
 gjj„,_^<^ Benches at lFel{mm{hr\ fo as whatfoevcr mifcarriages were 
 
 had by the Privy Council in Cafes of Judicature in the Star- 
 
 Chamber formerly , are now reduced > The fecond rule was 
 
 jH.4. M. 37. this, That no difparchesfhould be made at the Council-Table 
 
 • 4' »• 73- (^f gj^y n;)jttefs there agitated, but by general confent. Unity 
 
 gives life to Adion, carrying therewith both Authority and 
 
 Power i and when all is done, muft derive its original from 
 
 without and in all good ends from above. And therefore as a 
 
 feal to all the reft it was wifely done by the Parliament to draw 
 
 the minds of the Privy Council together, and to prefent them 
 
 jointly before God, by an Oath obliging themfelves to a folemn 
 
 SI H 4.W.14, and conftant obfervanceof theirinftrudions, and to perfe- 
 
 }9' vere therein;for the unchangeable God can only ftamp a lafting- 
 
 Image upon the mind, and bind the fame ( that is fo fubjeS 
 
 to change to an unchangeable Law) whereby the people may 
 
 be made as happy for continuance as for Righteoufnefs and 
 
 Peace. 
 
 The Privy Council thus fettled , dreffed, and girt, becomes 
 of high efteem, both for truft and honourable employment in 
 great matters. The Mint is the very Liver of the Nation, and 
 was wont to be the chief care of the Parliament it felf in all 
 the dimenfions thereof-, now the Mint is two ways con fidered. 
 Viz. either in the value of the Metal and Money, or in the 
 Coynage. 
 
 The tirft of thefe, and things moft immediately concurring 
 therewith, the Parliament ftill retains to its own immediate 
 Survey •, fuch as are the inhibiting of exportation of Gold,and 
 Silver > and of melting of Coyn into Plate or Bullion i the 
 regulating of the currant of Foraign Coyn, the reducing of 
 
 Money, 
 
The govern- ^Htn» 4. Hen. %.l Kings of 145 
 
 ment of I Hen. 6. i England, 
 
 Money, both Foraign and Domeftick, imbafed by Counterfa- 
 dture, clipping, wa(hing,€^c. The regulating of allay of Gold 
 and Silver, the regulating exchange, and fuch like i concerning 
 all which, the Reader may pleafe to perufe the Statutes, 2 H. 4. 
 cap. 5,6,11,13. /^H.^.cap.i6. 3 H,'^. Stat,i.& /^. cap.6.& ^, 
 cap. 1 1. And 2 H. 6. cap. 6. 
 
 The fecond Confideration touching the Mint, concerned the rr . 
 ekdion, and govcrnnnent of the Officers, touching the Mint h^\cJ. 
 and Exchange, or the places where they (hall be holden,which 
 with fome other matters of inferiour Nature, were left to the 
 Order of the Privy Council, either with the King, or alone, in 
 Cafe of the King's abfence or difability. 
 
 A fecond power given to the Privy Council , was in point 
 of Trade, and Merchandize; formerly they had fomewhat 
 to do therein, but ftill the Parliament fet out their bounds 
 in R/c/7jr<i the Second's time, the people had liberty of Trade 
 in fome Commodities , by way of Exportation, but the Pri-^^ ^.ic 7. 
 vy Council might reftrain them upon inconvenience to the 
 publick : Now the fame is confirmed , and though it con- "^ ^" '^''^' 
 cerned Corn only, yet it was a precedent that led the way 
 to a much larger power in the Trade of the Staple Commo- 
 dities of this llland, to enlarge or ftraiten it as they thought 
 meet \ and fo they became in a fair way to have a prin- 
 cipal power over the Revenues and Riches of this Nation. 
 But this lafted not long , for within ten years, fhefeLicen- 
 fes of Tranfportation coft the Merchant fo much, as he '5'^- f^-^- -' 
 could make little gains of all his care and pains, and there- ^° ''S.c.e, 
 fore a rule is fet to a general allowance of all Tranfporta- 
 tion of Corn , till the price of Wheat came to a Noble, and 
 Barley at three (hillings , and no longer. This being fir(\ 
 made Temporary , wasafterwards made perpetual, and fo^^^*^'-^* 
 gave areftraint unto the power of the King and Council. 
 But where no pofitive reftraint was made by any Statute 
 the King and Council feemed to have the fole power left 
 •jntothem, to open and (hut the pafTes of Trade 2s they 
 pleafed : For whereas the Commodity of Butter , and 
 Cheefe , was made Staple, the King and Council had 
 
 powes • 
 
144 The goverfj- \ Hen. ^, Hen. 5.^ K/w^/ (?/ 
 
 Mcnt of c Hen. 6. 3 England, 
 
 power to (top the fale thereof i notwithftanding, that the 
 liH.g.ci. Law gave full liberty to the Subjeds to bring all their Staple 
 Commodities to the Staple : Nevcrthekfs, this power in 
 the King is not primitive , but derived from the Parliament, 
 for they had Power over the King's Licenfcs, and Re- 
 ftraints in fuch Cafes, as by the fevcral Statutes do ap- 
 pear. 
 
 A third power given to the Privy-Council, was a power of 
 Summons and Procefs againft Delinquents, in Cafes of Riots, 
 Extortions, Oppreflions, and grievous Offences-, the Sun:i- 
 M B. 6,c.i. "ions to be by Privy-Seal, the Procefs, Proclamations, and for 
 * Non- appearance, Forfeiture, if the Delinquent be of the 
 
 Degree of a Lord, if of inferiour rank, then a Fine or Out- 
 lawry. At the firft view the Statute hath an ill-favoured 
 Afped, as if it raifed upa new Court of Judicature, but the 
 time is to be confidcred with the occafion > for it was made 
 for the fecuringof the peace, in a turbulent time. And be- 
 fides, the Law carrieth along with it two Reftri£tions , which 
 puts the riglit of Cognifance in the Privy- Council to the 
 queftion. 
 
 Firft, It faveth the Jurifdidion of other Courts, and pro- 
 m^Qi\'\i\jiXi\\Qt^T'h at no matter determinable by the Law of this 
 Kealm, (hall be by this Act determined in other form , than aftet 
 the ceurfe of the fame Laxv in the King's Court , having determi- 
 nation of the fame j which implieth,that fome kinds of Riots, 
 and Extortions, are of fo high a nature, that though determi- 
 nable in the King's Court, yet are they to be determined before 
 the Lords. 
 
 In the next place, this Law provideth, That fuch offences, 
 as are determinable by the Law of the Realm, that is by Jury, 
 (hallftill befotryed. 
 IX H A.f.y. Secondly, If Convidion be upon Confeflion, or by Certifi- 
 cate, in cafe where (by reafon of Parties, and partakings ) In- 
 quifition by Jury cannot be had, there the Lords (hall immedi- 
 ately determine the fame. 
 
 Laftly, If the Certificate be traverfed, then the fame (hall be 
 tryed in the King's Bench. 
 
 Bat 
 
The govern- jHen. 4. Hen. 5. 1 Kings of 145. 
 
 ment of i Hen. 6. 5 England. 
 
 But there is another Reftrldion that undoeth all, in eflfedt, in 
 point of right, becaufe what this Law fetieth therein, it fetleth 
 but for feven years, and leaveth the Privy Council to the li" 
 mits of the Common Law for the future : In the mean time, 
 the Privy Council may be thought terrible , and very high, 
 both by this Law, and the grcatncfs of the Lords. Kings 
 llnk!i:s,and Kings Brothers, are Subjeds indeed, but of fo high 
 a Degree, that if a little goodncfs of Nature, or publick Spirit 
 Iliine in them, they foon become the Objedts of Admiration 
 irom the Vulgar, and gain more from them by their vicinity, 
 th;in the King can do at a diiUnce. For the Commons of En- 
 gland^ by thefair demeanour of popular great Men , are Toon 
 won out of their very cloaths, and are never more in danger to 
 part with their liberties, thin when the Heaven is fair above 
 their heads, and the Nobility ferve the King, and flatter them. 
 Nevcrthelefs, as I faid, the fcafon muft alfo be confidered of 
 this power, thus by this Law contradedi for what the Lords 
 gained not by their popularity, the Queen did with her power \ 
 who now mindful of her contemned beauty, and oppofition 
 from the Duke of Glocejier againft her Marriage, removes him 
 out of the way, gets the reins of Government into her hand 
 and like a Woman drives on in full career. 
 
 The Duke of Tori^, and other Lords, not liking this gallop, 
 endeavour to flop her pace, but arc all over-born, the Duke , 
 taken prifoner, and doubtlefs had pledged the Duke of Glo- 
 cf(ffr, but that the Heir apparent of the Houfe of 7lrk^(\cps 
 in to refcue -■> and new troubles arife in Gafcoign^ to put an end 
 to which, the Queens party gains, and takes the Duke of 
 Tork^s word for his good behaviour, gets this Law (o pafs, ex* 
 peding hereby, if not a full fettlement at home, yet at leafl a 
 refpite to prevent dangers from abroad, during the prefent 
 exigency. And thus upon the whole matter , the Lords and 
 Privy Council are mounted up by the Commons to their own 
 mifchicf. 
 
 CHAP. 
 
1^6 The govern- J Hen. 4. Hen. 5. 1 Kings of 
 
 went of I Hen. 6. J England. 
 
 CHAP. XVII. 
 
 of ihe Clergy^ and Church-GovernMent 5 during thefe 
 times, 
 
 T T was no new thing in the World, for Princes of a wound- 
 1 ed Title, to go to the Church-tr.en for a pkiftcr , and they 
 are ready enough to ftnj^ r Rq«/Vm, fo as they nnay be the 
 gainers : The Princes therefore of the Houfe of LaHca[\er^ had 
 offended againft common fcrvfe, it they had not done the like 
 themftlves, being not only guilty in their Title, but alfo by a 
 fecret Providence, drawn into one intereft together with the 
 Church, men, to fupport each other. For Benryxhc Fourth, 
 and Arch Bi(hop /4r««^f/, meeting together under one condi- 
 tion of Bani(hment, become Conforts in fuflferings, and Con- 
 forts in Honour 5 for Society begotten in trouble, is noigfiHied 
 inprofperity, by remembrance of mutual kindneffes in a ne- 
 celhtous Eftatc, which commonly arethe more heartjr , and 
 more fenCble, by how much other Contentments are more 
 fcant. But the Arch-Bilhop had yet a further advantage upon 
 the heart of Henry the Fourth , though he was no Man of 
 power, yet he was of great interel^ i exceedingly beloved of 
 the Englifli Clergy, and the more for his Banilhment fake: 
 Now whatfoever he is, or hath, is the Rings, and the King is 
 his i the fweet influence of the Arch-Bifhop , and the Clergy 
 enters into his very Soul j they are his dearky beloved, for the 
 great Natural Love (as he fays to the World) they bear to him i 
 what he could he got, what he got, he gave to the Church : 
 Thus the Family of Lamaj}€r becoming a mighty fuppoit unto 
 the Clergy, Roman as it was s they alfo became as ftout main- 
 tainersof the crackt Title of that younger Hcufc : So was 
 fulhllcd the old Prophecy of the Oyl given to Henry the Firft, 
 Duke of Lane aj\er^^Nhtxt'w\(h Henry the Fonrth was anointed^ 
 %hat Kings anointed vfitb that Oyl^ ^:ould be the Champons of 
 
 the 
 
The Govern- C Hen. 4. Hen. 5. ^ Kifrgr of 1.7 
 
 Ment of I Hen. 6. f England. 
 
 the Church. Now for the more particular clearing of this 
 we aVe to confider the Church abfolutely, or in relation to the 
 Political Government of the people. Concerning the latter 
 many things did befall, that were of a diifcrent peice to the 
 reft, in regard that the Lords for the moft part , were for the 
 Clergy, and they for thcmfelves i but the Commons began to 
 be fo well favoured wiih JVicki'iffs way, that they begin to 
 bid defiance at the Clergies felt-ends, and aims : and becaufe 
 they could not reach their heads, they drive home blows at 
 their tegs. 
 
 A Parliament is called , and becaufe the King had heard 
 fomewhat, feared that the people were more learned than was 
 meet for hispurpofe^ and that the Parliament (hould be too 
 wife •, he therefore will have a Parliament, wherein the people 
 (hould have no more Religion than to believe ■■> nor Learning 
 than to underftand his fenfc,nor wifdom than to take heed' 
 of a Negative Vote : But it befel otherwife , for though it 
 was called the Lack-learning Parliament, yet had it skill e- 
 nough to difccrn the Clergies infide, and Refolution enough to 
 enter a fecond claim againft the Clergies Temporalties , and 
 taught the King a Lcffon, Ihat the lea^ imder{}atiding Varlia- 
 mems, are not the beji for his pnrpofe : For though the wifcft 
 Parliaments have the ftrongeft fight, and can fee further than 
 the King would have them, yet they have alfo fo much wifdom 
 as-to look to their own skins, and commonly are not fo ventu- 
 rous, as to tell all the World what they know, or to ad too 
 much of that which they do underftand. But this Parliament 
 whether wife or unwife,fpakeloud of the Clergies fuperfluous 
 Riches, and the King's wants are parallel'd therewith, and that 
 the Church-men may well fpaie enough to maintain fifteen 
 Earls, fifteen hundred Knights, fix tnoufand two hundred 
 Efquires, and one hundred Hofpitals more than were in his 
 Kingdom. 
 
 This was a ftrong temptation to a needy and couragions 
 Prince, but the Arch Billiop was at his elbow, the King tells 
 the Coiiimons, that the Norman and French Cells were in 
 
 Y 2 his 
 
1 48 ^/•'^ Govern- S Hen. 4. Hen. 5 . ? Kings of 
 
 tnentof ^ Hen. 6. ^England. 
 
 
 his Predeccffor's time feifed under this colour, yet the Crown 
 was not the richer thereby i he therefore refolves rather to 
 add to, than diminidi any thing from, the maintenance of the 
 Clergy. 
 
 Thus, as the King faid, he did, though he made bold with 
 the Keys of St. Pfffr i for he could diitinguifh between his 
 own Clergy, and the Roman. The people are herewith put 
 to iilence, yet harbour fad conceits of the Clergy againft a fu- 
 ture time, which like a hidden fire, are not only preferved, but 
 encreafed by continual occafions,and more principally from the 
 zeal of the Clergy, now growing fiery hot againft the Lollards. 
 
 ' For that not only the people, but the Nobles, yea, fome Of the 
 
 Royal blood, were not altogether cftranged from this new 
 old way \ whether it was fucked from their Grandfather Duke 
 John^ or from a popular ftrainjOf which that houfe of Lan- 
 caller had much experience, I determine not. Thefe were the 
 Dukes of Bedford and Glocejier \ Bedford was firft at the helm 
 of Affairs at home, whilft the King adled the Souldiers part 
 in France^ as ill conceited of by the Clergy , as they flighted 
 by him. At a Convocation once aflembled againft the Lol- 
 lards, the Duke fent unto their Affembly his Dwarf, as a 
 greatLollard,thoughhe was a little Man, and he returned as 
 he went, even as Catholick, as any of them all i Noh tarn de- 
 
 ^nhq.i-^ 8 ffeaus a Clero, quam ipfe Clerum defpiciens atque elndens. This, 
 and fome other fleights, the Clergy liked not , they therefore 
 find a way to fend him into France^ to be a referve to his Bro- 
 ther : And in his Room fteps forth Humphrey Duke of Glo* 
 cejier^ that was no lefs cool for the Roman way than he. Henry 
 the Fifth, was not more hearty in Komes behalf, for although 
 he was loth to interrupt his Conqueft abroad, with contefts at 
 home, yet he liked not of advancements from Rome j info- 
 much, as perceiving the Bi(hop of ^/«c^fj?fr, to afpire to a 
 Cardinals Hat, he faid, that he would as well lay afidehisown 
 Crown, as allow the Bi(hop to take the Hat. Nor was he 
 much trufted by the Clergy, who were willing he fliould ra- 
 ther engage in the Wars with France^ thin mind the propofals 
 
 of 
 
The Goverfj' ^Hen. ^. Hen. 5. p/e;>^/ cf 149 
 
 Ment of 2 Hen. 6. ^England. 
 
 of the Commons, concerning the Clergies Tcmporahies, 
 
 which alfo was renewed in the Parliament in his days. Above 
 
 all, as the Laftcallnan Houfe loved to look to it's own, fo efpe- 
 
 cially in relation to Kome^ they were the more jealous, by how 
 
 much it pretended upon them, for its favour done to tiicir 
 
 Houfe: And therefore f/^«r^ the Fourth the moft oblit^cd 
 
 of all the rcll, looked to the Provifors more thidly than his 
 
 PredecefTors had ; and not only confirmed all the Statutes con- . ^-^^ ^ 
 
 cerning the fame already made, but had alfo provided againlt ' 
 
 provifors of any annual Office, or profit, or of Bulls of Ex- , //. . ^ , 
 
 emption from payment of Tythes, or from Obedience, Rcgu- - // ^.c. 7'8i 
 
 lar or Ordinary, and made them all punilhable within the Sta- j h' j. c. 4.. 
 
 tute •, and further, made all Licenfes, and Pardons contrary 
 
 thereto (granted by the King J void againft the Incumbent,ancl 
 
 gave damages to the IncuQibent in fuch vexations: for the 
 
 former Laws had faved the right to the true patron , both a- 
 
 gainft Pope, and King. 
 
 And thus the Englidv Kings were Servants to the Church of 
 E>/^/<2«<^, at the charges of Ixome ^ whillt the Popedom being 
 row under a wafiing and devouring Schifm, was unable to help 
 it felf, and fo continued until the time of Hemy the Sixth , at 
 which time, the Clergy of England^ got it felf under the power 
 andfliadowof aProted^or, akindot Creature, made up by a 
 Pope and a King. This was the Bifhop of lVinche\ler^ lb great 
 a Man, both for Birth, parts of Nature , Riches, Spirit, and 
 Place, as none before him ever had the like i for he was both 
 Cardinal, Legate, and Chancellour oiEHgland\ and had gotten 
 to his aid, the Bifliop of Batb^ to be Lord Treafurer of England'^ 
 Now comes the matter concerning provifors once more to be 
 revived. 
 
 Firft, More craftily by collogueing.with the Nobility, who 
 row had the fway in the King's Minority , but they would 
 none ; An Anfwer is given by the Kii^g, that he was too 
 young to make alterations in matters of fo high Concern- 
 ment , yet he promifed moderaiion. The Clergy are put to 
 
 lilence. 
 
1 50 The Govern- j Hen. 4. Hen. 'y.lKiftgs of 
 
 ment of i Hen. 6. S Engla?7d, 
 
 filence herewith, and fo continue till the King was Hx years 
 elder, and then with Money in one hand, and a petition in the 
 other, they renew their Suit but in a more fubtile way : For 
 they would not pretend Ko/wf, but the Englifh Churches liber- 
 ties •■) they would not nnoveagainft the Statutes of Trdmuniri^ 
 but to have them explained i it was not much they complain- 
 ■nj ed of, for it was but that one word, Otherwhere , which, fay 
 
 ^lUuihrl ^''^V' the Judges of the Common Law expound too l3rgely,not 
 only againft the Jurifdidlion ot the Holy See, but againft the 
 Jurifdidtion of the Englifli Prelacy, which they never intend- 
 ed in the palling of thofeLaws; Their conclufion therefore 
 is a prayer , l.hat the King will pleafe to allow the Jurifdiaion 
 of their Ecclef.ajiicjl Courts^ and that Prohibitions in fucb Cafes ^ 
 may he jiopped. But the King, either perceiving that the Au- 
 thority of Englifh Prelacy, was wholly dependant on the See 
 of Kome^ and aded either under the (hadow Legatine , or at 
 the beft, fought an Independent power of their own : Or elfe 
 ti.e King doubting that the calling of one word of that Sta- 
 tute into queftion, that had continued fo long, might endanger 
 the whole Law into uncertainty, declined the matter, faving 
 in the moderation of prohibitions. Thus the Englifti Clergy 
 are put to a retreat, from their referve at Kome : all which 
 they now well faw, yet it was hard to wean them : The Car- 
 dinal of iVinchejUr vfzs 2i great Man , and loth to lay down 
 his powers but his own Tribe grew weary of him, and his 
 power; For the greater fome Church-men are , unkfs they 
 be better thdn men, the inferiour, and better Ciiurch-raen, are 
 worfethjn men', at length therefore the Cardinal is Un- 
 Legated, and that power conferred upon the Arch-Bifhop of 
 C<7;7/frZ'«ry, a Man formerly well approved, but by this very 
 . influence from Kowf, rend red fufpe(^edv which he perceiving, 
 protclted againft the Excrcife of the Jurifdidion Legatine, 
 without theKing^s allowance, and fo mannerly crept into tlie 
 Chair. 
 
 The Englidi Kings and Clergy, having thus attained the 
 right ditcerning ot each t)ti".>€r, begin to take up anew way of 
 
 poli- 
 
The govern- r Hen. 4. Hen. 5. ? Krfjgs of 151 
 
 mtntofi Hen. 6. ^England. 
 
 policy > which was to hold nothing of the Popedom, but the 
 form of VVorlliip, and Difciphnci but as touching Jurifdidi- 
 on^ they held it a high point of wifdom, cither to krch it nigh 
 at home, or to bv.Jllent in tiie matters having now found a 
 main differ .^ncc between the Pupe's will, and tiie Church-Law, 
 and therefore, a? formerly, the Convocation and Parliament r , ,, 
 joyncd in excluding of Foraigners from Church livings, under ' 
 the Notion ot Intelligencers to enemies abroad ; So neither 
 now will they allow any provifions for Engliln-mcn i and 
 upon ti\is ground the Dean and Chapter of Tor\ refufed to 
 admit thcBithopof Lincoht, to the See ci' Torl^^ although 
 alligncd he was thereto by Pope Martin^ and he the Darling of 
 Nations , being by joynt confent advanced to the Tripple- 
 Crown, that had been formerly trippled amongft three Popes 
 and troubled.all Enrape : And whereas during the Tripapalrr, 
 much Money had beerv levyed here ip England , to ferve for 
 therecovery of the Popedom , to one of Englirh Intereft: 
 Now by joynt confent the fame is feized upon and flopped , as 
 fewel from the hre, and fpent by rff«r>/ the Fifth, in the reco- 
 very of a Kingdom in Trance^ that fhould have been employed 
 in recovery of a Popedom at Kerne -. thefe things concurred 
 to give a wound to the Popedom, that was never cured to this 
 day. 
 
 Neverthelefs, the Engli(h Clergy was no lofcr by all this, 
 but gained in the whole fum ; For as it made them more de- 
 pending on the Crown, fo it made the Crown more faft to 
 them, from which they had received more real immunities 
 and power, than the Pope ever did, or was able to give them 
 and might exped to leceive many more. What perfonal re- 
 fpeds thefe three Kings (hewed them, hath been already 
 touched ; H<?«ry the Sixth added one favour, which made all 
 the relt more confidcrable : Hitherto they had ufed to meet 
 in Convocation, as upon the intereft of Yiome^ and little no- 
 ticc was taken of them \ now the Natron owns rhem , and in 
 (ome refpeds their work, and it is granted , That the Clerks 
 of Convocation called by the King's Writ, and their Menial 
 
 Servanifr 
 
152 The govern- « Hen. 4. Hen. 5. ^ Kings of 
 
 mcnt of I Hen. 6. 5 England, 
 
 SH.6.C.1. Servants (hall have fuch priviledge, in coming , tarrying, and 
 going, as the Members ot" the Parliament have ; So as though 
 they be not Members, yet they are as Members, if they afTera- 
 ble by the King's \\ rit, and not only by the power of the Le- 
 
 ^lu/tt.c.7^. gate or Metropolitan. The Antiquity of this Court is great, 
 yet not fo great as hath been fuppofed j nor is it that Court of 
 the Ordinary called the Church Gemot , mentioned in the 
 Laws of Hertry the Firrt, as not only the works thereof, therein 
 fet down, do f^fficicntly declare, but alfo it's evident , that in 
 Henry the Second's days, the Grand Councils of .this King- 
 dom were joyntly mixed both of Clergy and Laity, nor could 
 the Clergy lliut the Laity from their Councils, fill about the 
 times of Richard the Firft, or King Joh/t. From which time 
 forward the Laity were fo far from protecting of them ftill 
 thcfe times now in hand) that all their care was to keep them 
 from violating the liberty of the people. That they were 
 many times notwithrtanding called together by the King's 
 
 Mr iVfli ^'rif before thefe times, hath alfo been cleared by another Pen. 
 
 tiinnc. That their work at fuch times was to advife concerning fuch 
 
 matters as (hould be propounded to them by the King in Par- 
 liament, their fummons do ftiew* the particulars whereof, for 
 the moft part, concerned fupplies of Money from the Church- 
 men, and yet fometimes matters of great moment were deba- 
 ted therein; as in a Convocation lUmmoned by Henry the 
 Fifth in his ninth year, the preheminence of Pope Engenius 
 above the Council of B^zil was debated, and as much as they 
 could, ceterm.ined the fame : the credit of their decifions in 
 former time, I believe was not much amongft the people , be- 
 caufc the Men were looked upon with an evil eye : Now that 
 the Parliament feenieth to own thetn in their way, and to 
 protect them « their determiiiations are fomewhat : The 
 Church- men efpy their opportunity, and whilft the benevolent 
 influence of the State is in its iirli heat, they improve it in 
 this manner^ The times were now come about wherein light 
 began to fpring forth, conleience to bedir it felf, and men to 
 Itudy tlie Scriptures : Tins was imputed to the idlenefs and 
 careltfnefs ot the Clergy, who fuftcred the minds of young 
 
 Scholars 
 
The Cavern-^ Hen. 4. Hen. 5. 1 Kingt of 1 53 
 
 ntent of I Hen. 6. ^ England, 
 
 rtt. 
 
 Scholars to luxuriate into Errours of Divinity, for want of put- 
 ting them on toother Learning, and gave no. encouragement 
 to ItLvdies of humane Literature, by preferring thofe that were 
 deferving. The Convocation taking this into connderation,.^^,,/,;; .£, 
 do decree,that no perfon fliould cxercife any jurifdidion in any 
 Ortice, as Vicar- general, CommifTary, or Official, or other wife, 
 unlefs he (lialliUJai firil: in the Univerlity have taken degrees in 
 the Civil or Canon Law : A fluewd trick this was to ftop the 
 growth of theUudy of Divinity, and JVickJiff's way: and to 
 imbellifli Mens minds with a kind of Learning that may gain 
 them preferment, or at leart an opinion of abilities beyond the 
 common (train, and dangerous to be medled with, like force 
 Gallants that wear Swords as Badges of Honour, and to bid 
 Men beware, becaufe they polhbly may ftrike, though in their 
 own perfons they may be very Cowards j and no lefs mi(chie- 
 vouflylntende4 was this againft the rugged Common Law, a 
 Rule fo nigh allied to the Gofpel way, as it favoureth Liberty, 
 and fo far eftrangcd from the way of the Civil and Canon 
 Law, as there is no hope of accomodation till Chrift and Anti- 
 Chrill have fought the held. 
 
 Thus much of the Church of 'England^ in relation to the 
 State, now as it is abfolutely conlldered in regard of the feve- 
 ral degrees* of perfons therein. Although thefe three Kings 
 were much indeared to the Englilh Clergy s yet the difference 
 between the Laity and them growing high, the King's princi- 
 pal care is now, to keep an even hand between them both , for 
 he that will back two Horfes at once, muft keep them even, 
 or put his joynts to the adventure : Firft, Henry the Fourth 
 grantcth, that no more (hall be paid to Kome for the tirft- 
 fruitsof Arch Bilhopsand Biihops, than hath been anciently 
 ufed. The occalion hereof was to prevent the horrible ^ Hc^. 4. fi. 
 mifclnef and damnable cultom of Kome \ for fuch are the very 
 words of that Statute, unto which the Clergy gave their Vote, 
 if not the tirft Vote ■■> and therefore <;ertainly did neither be- 
 lieve, nor honour that infallible Chair as their own Mother « 
 nor did they bear her yoke further than their own benefit, 
 and reafon of State did require ; for though the immediate 
 
 Z benefit 
 
154 T^e(5^z/fr«- CHen. 4. Hen, ^.jKwgf of 
 
 mentof ^ Hen. 6. i England, 
 
 benefit of this Law did dcfcend upon the Prelacy » yet it alfo 
 much concerned the intcreft, both of the honour and benefit of 
 the Nation, that the Clergy (hould not be at the Pope's plea- 
 furc to Tax and Affels as he thought good. 
 
 Secondly-, Henry the Fifth added unto the Prelacy, fome kind 
 
 tH.f.c.j. of cncreafe, both of Honour, and Power', Viz. To viHt Hof» 
 pitals that were not of the King,'s own foundation, and to re- 
 form abufes there > for the Patrons either had no power to pu-'. 
 nifh, or will or care to reform them i and thus upon the point, 
 although they loft a right, yet they gained eafe. 
 
 ' H. f. c. t. ■ Thirdly, The fame King confirmed by a Statute unto Ordi* 
 naries, the Cognifance of accounts of Executors, for their 
 Teftators E'ftates, which formerly was granted by the Canon 
 Law, but they wanted power to execute, and a right to have 
 and receive >' In all thefe th<b Clergy or' Prelacy were tlie 
 immediate gainers.' 'Th as many other things' the- people wera' 
 made gainers, and yet the CleVgy were no lifers , othdr*' 
 wife thin (like the Rite) that prey which was none of tlieir 
 own. 
 
 Firft, They refufed formerly to grant copies of Libels, either 
 thereby to hinder the courfe of prohibition^, or to' make the 
 copies the niore dear, and Money morecheap with them»'H<?«>^' 
 the Fifth, finding this a grievance to the people, palteth a Law, 
 that all Ordinaries (hall grant the Copies of Libels at fuch time 
 as by Law they are grantable. 
 H^. Stat.i. Secondly, As'the probate of Willshad anciently' belonged. 
 p, J. to'th'e-Ordinary-, by the Canon Law, and'f6rmerly alio confirm*' 
 
 ed'to theirib'y the PariHkment,-fo if alfo regulated and fettled ■ 
 the Fees for- fuch Service; But the Clergy having been ever 
 under the nouriture of their Mother Kome^ that loved to ex- 
 ceed, they^ikewife accounted it their liberty to take what 
 they could' |ctV but the nigher they cdme to engage with Kings 
 int'heir Obvei;nmebt according to Law , the' more reformed- 
 they grow:- 'Porit'erly Efi?rr<3r^ the Third had fettled thtir 
 Fees-, but they would not hold to the rule, now the Law* is 
 dciabkd by. 'Henry the Fifth, with a- penalty of treble- dama- 
 ges "i^xtM Delinquents. Furtherrtiore, the very Priefisc^ulcU 
 
 • *■' r.nf 
 
 2- 
 C*?/?. J. 
 
The govern- jHen. 4. Hen* 5. 1 Kingt of 
 want of I Hen. 6. \ England, 
 
 155 
 
 not contain their Pater-Nojiers^ Keqniems^ Maps , and fuch 3 ^^ ^.Stat. '. 
 wares they hid engrofled , and fct thereof what price they ^^f ^' 
 pleafed : The Market wasrifen to that height , that Edward 
 the Third undertook to fet a rate upon thofe commodities, but" 
 thatalfo would not hold long i H^wry the Fifth he fets a cer- 
 tain Itipend fomewhat more thJn Edward the Third had done, - ^s- Slat i\ 
 and yetlcfs thdn the Pricfts had formerly. ^'/'- - 
 
 Lallly , Some Laws were made , wherein the Common- 
 Uealth gained , and the Church werelofers. Firft , Whereas 
 the Church-men formerly held all holy things proper and pe- 
 culiar to their own Cognifance, efpecially fuch as concerned the 
 Worfliip of God, the Parliament now began to be bold with 
 that, and never asked leave. It had now for a long time, even 
 lince the Saxon titnes , been the unhappy condition of this 
 Church of England amongft others, to decay continually in 
 Piety and right Devotion, but through the light that now re- 
 vived, and God's goodnefs, it in thefe times came to pafs, that 
 the people did entertain fome fenfe of their duty towards 
 God, more than formerly, and begin to quarrel the abufes done 
 to the Lord's Day, in the manner of the keeping thereof j 
 Lf7«^t7« hath the honour for beginning this Fxeformation by an 
 Adl of their Common Council. The Parliament within fe- 
 ven years after that , engage the whole Kingdom in ij,H.6. c. j. 
 that fcrvice (though therewith alfo are adioyned other holy 
 Feads then holdenj And all Fairs and Markets are enjoyncd to 
 ceafe on that day, under pain of forfeiture of Goods expofed 
 to fale, excepting Vidual, and excepting the four Sundays in 
 Harvcft. And thus though places had their confecration al- 
 lowed by the Parliament, and immunity from trading in Fairs, 
 and Markets, by thefpaceof a hundred and fixty years before 
 this time, yet that time which God by his own Law had re- 
 ferved to his own felf , never came under regard to be allowed 
 till now, and yet not by the motion of the Clergy, nor by their 
 furtherance i for by their thrurting in the Holy-days, they made 
 them equal with the Lords-day, and in Harvert time fuperiour, 
 by preferving them in force, when as the Lords-days were fet 
 afide : So God had fomewhat of thefe Men , but the Pope 
 
 Z 2 more. 
 
15 6 The^ govern- 1 Hen. 4. Hen. 5 . 7 Kings of 
 
 mefst of c Hen. 6. y England. 
 
 •*" m. — — — ■ -^ 
 
 lb 
 
 more. Secondly, As the Church-men \6ti in the former/o the 
 Prelacy in this that follows. 
 
 The Prelates had long fince obtained the Trial of Baftardyi 
 and therein could ftrain themfelves fo far, as to put the Cafe 
 of inheritance into danger, where the point othervvife was 
 clear enough ; and this grew to that height that it endanger- 
 D > ed the difinheiiting of the Heirs of the Earl of Kent. It is 
 
 9 ' * " therefore now provided, that before the Ordinary in fuch Ca- 
 fes proceed to trial, Proclamations fliali be made in Chancery, 
 to iummonall pretenders of Interefts or Titles to come before 
 the Ordinary, to make their Allegations, and all Trials of Ea^ 
 (lardy other wife made Oiall be void i fo as whatever the Canon 
 did, the Parliament would not trufi to the Ordinaries Summons^ 
 nor allow of their power in any other manner, than the Par- 
 liament thought meet. One thing more remaineth , wherein 
 the true Church of Chrift teemed to iofe and yet gained •, and 
 the Clergy joyning with the King feemed to gain and yet loft i 
 this was the point of worfliip, which had long llumbled the 
 minds of the people, and was now grown to that llrength^ 
 that nothing but an A6t of Parliament can keep it under. This 
 opinion concerning worlhip, was at the hrrt fo young, that it 
 was not yet baptized with any proper name, but called, Opini- 
 on contrary to the Church determinations, or Catholick Faith. 
 And againli this the Clergy now liormed, more than ever for- 
 merly , becaufe it was grown to fuch a height as it it meancd 
 to over- top theirs. To this end .they procure an .A<St to 
 pafs. • 
 
 7 hat all Preachers^ 'teachers ^"(Vriters^S^hool Majhrs^Favourers^ 
 
 .■. H, 4, i, 1 j-,; ^^ notoriously defamed FerfoHS, for the maintenance of fuch epinim 
 
 ons^ Jhallbe (upon convicnon before the Ordinary^ according to the 
 
 Canons) imprifoned in the Viocefans , ?rifon , fined according t§ 
 
 the Viocefans difcretion. 
 
 If upon Conviction^ he pall not abjure^ or Jhallrelapfe^ he Jhatl 
 be delivereed unto the Secular Power ^ and he burned. 
 
 . And that Preachers mthottt Licfnje of the Viocefan , flwtldbe 
 rejirained^ 
 
 Con-. 
 
The govern- J Hen. 4. Hen. 5. 7 Kings of 157 
 
 ment of I Hen. 6. 3 England, 
 
 Concerning which Law, I (hall firft ihew what change in the 
 Laws of this Kingdom was endeavouied, and what was really 
 cffedcd. 
 
 Firft, It is an undeniable ground, that na Freeman can be ^ 
 put to anfwer before any Judge, but upon prefentnient, ox "^ 
 other matter of Record toregoing , and by due Procefs of 
 Lawi and yet it had been ruled, that ilrong prefumption^ 
 and complaint of credit after it is cntred, is fu^cient Record, 
 to ground proceedings in this Cafei to attach the party ^'^ €11,-7 -.fo. 
 to Anfwer. But by this Law a "lirial is introduced , that nci- ^" 
 ther refteth upon any peremptory accufation , or proof of 
 witnefs, but meerly upon Irquifition , upon the Oath and 
 Confcience of the party fufpeded i which in the latter days 
 hath been called the Trial upon the Oath, Ex Offcio\ foi 
 fuch was the Trial allowed by the Canon in thefe times*, as 
 appears in the Conftitutions of C?//?^, and the Decrees of ^^^'"^'y'^'""" 
 the Arch-Bifliop Boniface^ by whom it was endeavoured to be ^ "'""* 
 
 obtruded upon the Laity, about the times of Henry the Third, 
 Oi Edivard i\\Q. Y'\x[\ \ but even the Clergy then witiidood it, 
 as L/WivWconfeffeth. And (9//'p inhis very Conltitution, r,,„j. ^^^^,^^5 
 doth hold this forth by that claufe of his, Non objiante obtenta ^man. 2. 
 confuettidine. 
 
 Secondly, This Law doth endeavour to introduce a new 
 Judge, with a power to Fine and Imprifon according to difcre- 
 tion,and a prifon allowed to him as his own peculiar, and yet 
 the Writ, De caHtione admittenda^ ftill held its power, to regu- 
 late that difcretion as formerly it had donci which by the way 
 may render the power of this Law fufpicious. 
 
 Thirdly, The Clergy are not content to have the EAate.'^j 
 and Liberties of the bodies of the people at their difcretion^ 
 but they rnufl alfo have their lives , although no Freeman's 
 life could by the Fundamental Laws of this Kingdom, 
 cometo queftion, but by the judgement of his Peers i ncr 
 could the Clergy by their own Canons interejfe fangsiKe^ 
 Viz, Ihey cannot pnt any Man to death^ but by this Law they 
 may fend any Man io death by, a Sentence^ as fare asd^ath.'Tra*- 
 
 datitv 
 
\ 
 
 158 The govern- f Hen. 4. Hen. 5. i Kwgs of 
 
 ft of I Hen. 6. 5 England. 
 
 mem 
 
 dafur potejiati fecptlari : And fuchadcath, not as .the Civil 
 Magilhate is wont to execute by a fpeedy parting of the Soul 
 from the Body, by lofs of blood, Hop of breath, or fuch likes 
 but the Clergy mull: have blood, Hefli, bones, and life and all, 
 even to the edge of non-entity it felf, or they are not fatistied ; 
 And thus the Writ, Ve comburendo Hjeretico, entrcd into the 
 World. Trueitis, that fome fparks of this Hreare found in 
 former times, and Bralion toucheth upon fuch a Law , in Cafe 
 of a Clerk convid for Apoftacy, Vrimo degradetiir^ & poji per 
 maniitn Laicalem ComhitratHr^ which was indeed the- Canon, 
 and that by his own Confelfion s for it is grounded upon one, 
 Secundum quad accidit^ in the Synod at Oxford , under Arch- 
 Bi(hop Beci^et : but that Cafe concerneth a Clerk, who by his 
 profeilion hath put himfelf under the Law of the Canon , and 
 it was only in Cafe of Apoftacy , himfelf being turned Jew i 
 and this alfo done upon a fuddcn pang of zeal and power of an 
 Arch-Bifliop, that would know no Peer", nor do we find any 
 fccond to this Precedent by thefpace of two hundred years 
 next enfuingi neither doth the decree of Arch-Bifhop Teekj 
 Llnd. Uh,<^Ji ham^who was not long after Bec%f, treating about Apoftacy in 
 ^poftat. Lay-men, mention any other puniQiment than that they are to 
 be reclaimed, Per cenfuras Ecclefiaiiicas i nor yet that of Arch- 
 Bi(\\op Arundel, 3.n\ongOi the CouikitutionsRt Oxford J not long 
 before this Starute, who treating about the crime of HereHe, he 
 lays the penalty upon forfeiture of goods, with a Tr^fertim^ as 
 Lini. hh.^.Je if it were the grand puni(hment : And Lindwood in his glofs 
 Herct,fol.is9> upon that place, fetting down the Cenfures againrt Hereile, Ho- 
 die fufjt ((i'lth he)damnandi ad mortem^ as if it were other- 
 wife but as yefterday. 
 
 Fourthly, the next endeavour is to bring the cognifance of 
 all, wholly to the Ecdefjajiical Court ^ without further Appeal > 
 for fo the words concerning Convidion of Herefie are ; Where- 
 upon evidence (l^all be given to the Viocejfan of the fame place^ or 
 his Ordinary in that behalf. 
 
 Thefe changes, I fay, were endeavoured to be brought upon 
 fhe Government of this Kingdom i and yet the Law for all 
 this, fuffered no change, nor did the Houfe of Commons (how- 
 ever 
 
T/)e Cover ft-^Hen* ^. Hen. 5. ?/C/>fg/ of 15^ 
 
 Mentof"^ Hen. 6. ^EftgUnd, 
 
 ever the name is thrult into the Englifh Ordinary Print) ever 
 yield unto the palling of the fame, but in the Parliament next 
 enruing,corr\plained thereof, and protefled they would not be 
 bound by fuch Laws, whereto the Houfcof Commons had nor 
 given their confent-, and this daflied the Law quite out of 
 countenance (although it holds the place (Hll amongli the num- 
 ber) for within four years after, the^lcrgy bring in another 
 Bill of the fame nature in general, thougli varying in fomepar- ' "^^ 
 ticulars, but the fame was again rejedled. 
 
 All the (kength therefore of this Law, rcfteth upon the King 
 and Houfe of Lords, engaged by the Clergy , to whom thty 
 truiied for their Religion (^for Book-learning was with them ot 
 fmall account) and no lefs by the King, who knew no better 
 way to give them content, that gave him fo much as to fet the 
 Crown upon his Head , nortodifcharge his Royal Word, paflfed 
 by \.hc^^x\soi Northumberland ^v\difVe^lmerLtnd^ in his behalf ^^^^/^ ^,.;^^ 
 unto the Convocation, K7z. "that they were fent to declare the zj, 
 KiHg^s cood IFilltothe Clergy^ and Church Liberties , and that 
 he rvas refhhed to defend all the Liberties of the Church by his 
 Kingly Porver^ and to punijh Heretickj^audthe Churches Enemies 
 in fuch manner as the Clerfjy (Jjould think^ meet i, and there- 
 fore deftred their daily Prayers for his orvn ^ and the Kingdoms 
 fafety. And yet for all this, the people were not of this mindi '(jjalfrngkam, 
 no fmall part of the Kingdom being overfpread with thefe Tpo. Ndi^r. 
 Opinions. 157, 
 
 Afterfi?«ry the Fourth, comes Ht^«ry the Fifth, and he alfo 
 makes another allay i the former opinions then known only by 
 the general names of Herefie, are now baptized , by the new 
 ttame of Lffl'ardry^gind ^Town (o overfpreading, that all the 
 troubles of thefe times are ftill imputed to them. It was in- 
 deed the Devils old and common trick, thus to inrage earthly 
 powers againlr thefe Men, although he be hereby but an inftru- 
 ment in the hand of the Chief Builder, that in laying a fure 
 foundation, doth as well ram down, as raifc up i for the ma?ice 
 of thefe Men made the people of God to multiply ; Hsnry the 
 Fifth, alfo publiihcd a Law to this fame. 
 
i6o The Govern^ f Hen. 4. Hen. 5,0 K/»^/ of 
 
 ment of i Hen. 6. J England, 
 
 z H.^. c,7_ That aHVerfons in place of Government , fhall [wear to ufe 
 
 their diligence ^ to dejiroy all Herefies and Errors ^ called l^ol' 
 laidries. 
 
 Ihat all Lollards convict by the Clergy , (left to the fecu' 
 lar power , according to the Laws of Holy Church ) jhall for- 
 feit their Lands and Tenements to their Lords ; And the King 
 to have the year , and day ^^and Ifaile ^ and all his Goods and 
 Chattels. 
 
 If the Lord he the Ordinary ^the King Jljatl have all. 
 No forfeiture to be^ till the Delinquent be dead. 
 They (hall be found by IndiCtmem before the Jttjiicer of the 
 Peace, 
 
 7his Indi^ment being founds (l^all be fent to the Ordinary tvith 
 the Frifoner. 
 
 The Indidment Jhall not be for Evidence , but only for Infor- 
 mation, 
 
 Thefe are the principal things contained in this Law, which 
 by the manner of the compofure, feemeth to be of an uncertain 
 colour, neither made by the Clergy, nor Laity, but fpoiled be- 
 tween them both. The intent thereof feemeth to be princi- 
 pally to draw on the Houfe of Commons to pafs the Law, un- 
 der hope of gain by the forfeitures i for the penalty is like that 
 of Felony, though the crime be not exprefly declared to be Fe- 
 lony. But the intent fell (hort in event. 
 
 ForFirft, The nature of the Crime is not defined;, nor decla- 
 red by any Law, and therefore can no Man by Indidment be 
 found to be fuch. 
 
 Secondly, No, penalty of death, hath been by any former, or 
 by this Law determined upon fuch as are guilty, for it's not 
 enaded by any Law, that fuch perfons (hall be delivered to 
 the Secular power, &c. 
 
 Thirdly, this Statute determining the forfeiture to be not till 
 death, and neither that, nor any other Law of this Kingdom 
 determining death j then is no forfeiture determined. 
 
 Fourthly, Though this Law taketh it for granted. That 
 Herefie and Errouis belong to Ecclefiaftical Cognifance,yct the 
 
 fame 
 
The Govern- C Hen. 4. Hen. 5. 1 Kings of 161 
 
 vtent of C Hen. 6. y England. 
 
 '"^mc allows of" no further proceedings , than Ecckfiaftical 
 '.tnfures. 
 
 Laitly, By this Law, there can be no proceeding, but in cafe 
 of Indidmcnt, (for other wife, without Record, no forfeiture 
 can be) iherefore, where no Indidmcnt is, there is no forfeiture. 
 In all which regards, it's evident that the Clergy could by this 
 Law, neither get fat nor blood i and therefore at their Con- [ox.Martwtl. 
 vocation in the next year following, they took another courfe, y 8;?. 
 and ordered that three m every Parilh,fhould make prefent- 
 rotnt upon Oath, of fuch perfons as are defamed for Hereticks, 
 and the truth fo far as they can learn i which puts me in mind 
 oi a prelertmcnt, that I have feen by fome of St. Mary Overies 
 r rhefe limes: Item^ we jaine^ that John Stevens is a Man we 
 canmt tell what to maks of him^ and that he hath Bool{f we k^ow 
 tm what ih(y are : This new courfe {hews plainly, that the 
 former he)d nor force as they intended it. So God blalled the 
 pradices of the Clergy at this time alfo , rendring this Law 
 iminatenal that had the form, as the other mifled in the form 
 and had the matter. 
 
 A a CHAP. 
 
1 52 ^/jt' Govern- J Hen. 4. Hen. 5. ) Kings of 
 
 mentof 2 ^^"* ^' i Eng{a?td, 
 
 1 
 
 CHAP. XV ML 
 
 of the Court of Chancery* ' 
 
 T often befalls in State- Affairs, that extraordinary Exigen- 
 cies require extraordinary remedies, which having once 
 gotten footing, are notcafily laid alldc , cfpecially if they be 
 expedient for Prerogative. Ti>e Privy Council in the Star- 
 Chamber, pretending default of the Commdn Law, both in 
 fpeed, and feverity, in Cafes whereby the<8tare is endangered ; 
 The Chancery pretends default by the Common Law in point 
 of equity, and moderation : The people taken with thefe 
 pretences, make that Rod more heavy, which themfelves had 
 already complained of: What the Chancery was in times paft 
 hath been already (hewcdj ftill it is in the growing and gaining 
 hand. 
 H. 4. c?. Firft,In the Judicatory power it prevailed in relation to the 
 
 Exchequer, exerciling a kind of power to furvey the proceed- 
 ings thereof, in Cafes of Commiiliorers diflrained to account, 
 fcr Commiffions executed, or not executed •, for ic was no eafie 
 matter to execute Commillions from the Exchequer in thofe 
 times of parties i nor were Men willing with fuch unwelcome 
 occafionSj bet vyeen Friends and. Neigh.bours.i, and ^ niay be, 
 they grew weary of embroiling them.felves one againfl another, 
 and of being Inftiuments of the violent co'untcrmofions of 
 Princes, and great Men. 
 
 Secondly, It gained slfo upon the Admiralty, which by for- 
 mer Laws had Jurifdidion in all Cafes incident upon the great 
 Sea-, but now cither through negled of the Admiral, or the 
 evil of the times, occaiioning^Pii^^eies to grow Epidemical, the 
 il) government upon the Sea became dangerous to the State, 
 trenching upon the Truce made between tb' •. -' cr 
 
 Nations. 
 
 For a remedy '^vhcreof.firft Coufervatcrs of the Tr'ce ^'^?rr 
 
 ( 
 
The govern- jHen. 4-' Hen. ^.-i King f of 1,^3 
 
 went of I Hen. 6. ^England, 
 
 fettled in every Port, who had power committed to them to 
 punilli Delinquents againft the publick Truce, both by Indid:'- 
 ment at the King's fuit, and according to the courfe of the 
 Admiralty by complaint, Taving matters of death to the Cog- 
 nifanceof the Admiral. But this was foon found defective, 
 for Juftice done in the dark, is many times more refpedtive, 
 and lefs refped-ed, and therefore within a few years, it is pro- 
 vided, that Oftendors againii the King's Truce upon the Sea, or , „ 
 in any of the Ports, (hall be proceeded againft in the Chancery, ' "^^ -• 
 before the Chancellour,/whphath power given him, calling to 
 his Allillancc fome of the judges to execute the Statute of 
 2 H. 5. foregoing, by a handfomc contrivance : For that Statute 
 was once and again fufpended for the rigour that was ufcd by \^^!: ^' ''^ 
 the former confcrvators, who being borderers upon the Se?, "° •^•<^-"- 
 for their own peace, fparcd as few as they could, which hgd fo 
 difcouraged the Seamen, that the Kingdom had bccfi almoft 
 utterly bereaved of its ftrength at Sea. Neverthclcfs, all this 
 while, thefe Laws were but penal, and not remedial , for the 
 parties wronged : And therefore another Law is made , to 
 give the Chancellour and Judges power to make rcHitution and ^'^^•^' '^•4- 
 reparation. 
 
 Thirdly, the Chancery gained upon the Ecckfiaftical Court : 
 for whereas by the Canon', the Church,men were to be judged 
 by their Superiours, according to Ecckfiaftical and Ordinary 
 Jurifdidion s and the iniquity of the times was again returned 
 to that height, that Parents could not enjoy their own Chil- 
 dren •, but the little ones were allured, ftoH'n awaVjand detain- 
 ed in Cloyfters i nor did the Church. men aiTorcFremcdy in 
 fuch cafes: A Law was made, that upon complaint hereof 4^^* 4- f. 17. 
 made to the Chancellour, the Provincial (hould be by him fent 
 for, and puni(hed according to his difcretion. 
 
 Laftly,Thc Chancery encroached upon the Common Law: 
 For whereas the ftirs between the two Houfes of Jork^ and 
 LaMcajier began to rife, Men made their dwellings in ^ 
 places of fccurity , and ftrcngth i Women likcwifc and 
 other -perfon-^ Hying thither for refuge i efpecially, fuch of 
 them as had moll to lofc i thefe were contrary to the Law 
 
 A a 2 of 
 
164 ^^^ govern- THen. 4. Hen. 5. ) Kings of 
 
 tHCKt of c Hen. 6, \ England^. 
 
 of common honerty, urged to engage their Eftates unto the de- 
 
 fires of fuch, to whom they had fled for Refuge, and fome- 
 
 times compelled to marry, before they could gain their liberty. 
 
 M H. 6.c.^. If was now provided that all fuch complaints fhould be heard 
 
 and determined by the Chancellour. 
 4 H. 4. f. 8. Secondly, As touching the Miniftcrial power of the Chancery, 
 I3H4.C.7. this likewifc was enlarged in making of Procefs to compel 
 a E. 5. c. c/. appearancein cafes of Forcible Entrics.Murders.Manflaughters, 
 Robberies, Batteries, . AlTemblies . in 'nature of Infurredions, 
 Riots, and Plunder, committed by Servants upon their Maliers 
 goods, before their Ma(krs death, and luch like offences now 
 grown common, and in need of fudden remedy. 
 Thus as the workand power of the Chancery grew.Jo did the 
 Place and Perfon of the Chancellour grow more coniiderable, 
 raifed now from being the King's Secretary, (for no betcer was 
 he in former times) to be the Kingdoms Judge, and of fuch 
 Truft, that although the King might make Eledion of his own 
 Secretary, yet the Parliament would hrft know, and allow him 
 that mufl be trudcd with the power over the Eftates of fo 
 many of the people : And therefore did in thtfs times , both 
 place, and difplace him as they faw expedient. 
 J In a word, he is become the Kingdoms Darling, and 
 
 '^''^' might be "more bold with the Common Law, thtn any of his 
 Peers. 
 
 CHAP. 
 
A 
 
 The govern- J Hen. 4. Hen. 5. ? Kings of 16$ 
 
 ment of\ Hen. 6. 3 EngUnd. 
 
 CHA-P. XIX. 
 
 0/ the Court i of Crovpn-Vlcas^ and Common /L./b?. 
 
 S the Chancery on the one fide djd fwdl and crcreafc, 
 . fo was the King's Bench in an Ebb \ the Council Tabic 
 in the Star-chamber on the one fide, and \\\zlumr2Kt Courts 
 in the Countrcy intercepted, and drew away much to their 
 own (hares: Making themfelves fat, the King's Bench lean, 
 and the Rural Courts for Crown- Pleas almort to iiarvc. The 
 Crown- Pleas formerly had been determinable in the King's 
 Bench, Gaol-delivery, Oyfr and Tf rw/v/fr, and many of them by 
 ]uftices of the Peace, Coroners and SherilT. The Gaol- 
 Delivery was afterwards united to the Judges of Allize, and if 
 one of them were a Clergy-man, then to the other, end chief" 
 Men of the Countyw This was ufeful for the publick, but not 
 beneficial for.fome Men-, and therefore they laboured for 
 CommilIions,efpecially direcled to parties, that they thought 
 would partake > but thcfe were found fi^on to be dangerous, ^-^ , ^^^ . 
 foon taken away, and the Gaol-delivery redored to the Judges '^" 
 of Allize, as formerly. The Commillions of Oj/fr and !Zct- 
 mmcT were fued torth upon extraordinary emergencies , and 
 orfenccs, wherein the State was much concerned for fpccdy 
 Execution. In former times both thefe and Gaol-deliveries 
 were but rarely had , and then granted unto Ton e, that 
 perchance knew more of the Cafe, thin before hand wis meet 
 to be known. Edivard the Third amended thi:, Errour , and 
 ordered that no Commitlions of Oyer and Terminer (l.ould 
 iiTu! forth, but unto Commilfioncrs named by ihe Court, and 34-C^>5-^-r' 
 not by the party complaining, But the judges of Allize are 
 row w 'he growing hand, both for Honour, life, and Power,, 
 tiie rathe*, becTufc therrpeifons are of high repute in (he 
 Benches it rre/?-vj////i^r, which are the Miller- piece-- of Judica- 
 tuu'j.^nd their J*:/'/ areconfiant and ordii;2ry : Neverthtkfs, 
 
 the 
 
i66 rhegoz>er?i- KUeii.^, Hen, $,iKJftgs of 
 
 men t of I Hen. 6. ^ Evgland, 
 
 ' the Judges of Ailize, though they have the Gaol-delivery an- 
 nexed to them, yet have they not that abfolute power of the 
 ^ King's Bench \ but are ftill under the rule of their Commiflion, 
 which is not alterable, but by Pailiaintnt , and v^^hich by ic 
 was altered, by way of adding of new powers as new crimes 
 ^rofe, that required the eye of the State to provide, and fothe 
 Judges of Ailize by degrees grew to be the ordinary Admirii- 
 Itrators of Juftice throughout the Kingdom, yet holding dill 
 forth to them a limited power to hear and determine in forae 
 
 II H. 4 f. *• Cafes, but.in otheis only toenquire, and certihe , as in the 
 cafe of falfe returns by the Sheriff of perfons eleded for the 
 Parliament : And alfo in cafes concerning the Statutes of 
 Labourers, and unlawful games, and paftimesj in which cafe 
 
 i H. 4. r. 3 1. the Certificate Is to be made to the Chancellor ; And alfo in 
 
 13 H6c.^. cafes concerning Liveries contrary to the Statutcs,whercin the 
 Certihcate is to be made to the King's Bench j which power in 
 this lad cafe, continued in that manner bythefpace of thirty 
 
 ?,Hen.<.c^. years i and then by another Statute, they had the power to 
 
 4 H. 5. C.J. determine fuch cafes before themfelves : In like manner they 
 
 had power to hear and determine cafes of falfliood, in counter- 
 feiting and corrupting of Money , by wafliing, clipping, &c. 
 And alfo defaults committed by Sheriffs, Bailiffs, and their Offi- 
 
 5 ii. r . c ^. ccrs againd the Statutes of Forcible Entries, and of wearing of 
 
 Liveries, as aforefaid. 
 
 Thcfe wereiigns of much confidence and trufi in them, 
 
 and yet notwichanding in thefe, nor none of thefe, were the 
 
 penalties by Fine left to the Arbitry of the Judges i no, nor to 
 
 the JulHces of 'the King's Bench, but were by the very Letter 
 
 i-H. 4 r. 1. of theLaw deterrriined. Nor would the Parliament trull 
 
 thefe Men with doing Juftice in the cafes aforefaid 3 in their 
 
 own Connties where tl^cy dwelled, nor did it think expedient 
 
 to allow the chief Juftice of the King's Bench unto that Ser- 
 
 , vice in any of them all, but only once in the County of Lan* 
 
 c^;fer, and then only-at the King's pleafure^ otherwife, it was 
 
 j7 , J to be a^ was ufcd by the fpace of one hundred years foregoingi 
 
 ^^Kri'.i. c. ':'. poffibly becaufe his power was too great to be trufted amongft 
 
 the people. 
 
 Laftly, 
 
Th Govern- ^Ucn. ^. Hen. 5. ?/Ci»^^/ of 167 
 
 mcfjtvf^ Hen. 6. ^EKgU))d. 
 
 LalUy, The Judges of A'/(i Trm were anciently made by ■ itv/r'.s. c 30. 
 EdTv^rd\\■\QY\x[\^ by whom aUb the Altizcs 'were fettled at 
 certain times of the year, and afterwards by the Statute ofi--^-'<'3' 
 Tork^^ the Nifj Pr;;« in fmaller cafes was granted before one 
 Juflice of the Bench where the plea dcpendeth, and one Tub- 
 
 ntial Man of the County > but thofe of greater concern- 
 ...ciit wereto be had before two JuUices of that Bench, or in 
 cafe they were wanting, then before ]uf^ic« of the other Bench, 14 E.^.c.ig. 
 or in default of them, before the chief Baron , if he were 3 
 Man of Law, and in default of that , before the Judges^ of 
 Allize. Therefore in thofe days, the Juftices of the Benches 
 in their If^r/ in the Counties, divided in their power > Some 
 being for Affiles, others for Nifi Prius ■-, and in fome tinies and 
 cafes, fome were for both : For in thofe times of Edivard the 
 Third, Judges of AH/zehad power to enquire in feme matters ^ ^ 
 tliat concerned the Crown, or to try Nifi ?rim^ nor were th^fe ■ ' ■*' 
 powers united, tiir in H^«'3' the Sixth's time, Jpftices ci' Nifi 
 Priuf had the power of Oyer and 'terminer annexed to them, in 
 all cafes of Felony, and Treafcn. 
 
 what was formerly provided by E^^ir.ir-'^ the Third and K/- 
 
 jfi the Second for initrudfion to thefe Judges, and to bind * t\ V 
 rm thereto by folemn Oath, I fliaH not particularly mftition, 'Joii 3% i- 
 DuulTiall leavethe-confiderationof the Original of the whole g t/9.'i..f, 3,. 
 Judicature of this Nation unto the Readers obfervatiDn upon ,ylii.' c. t. 
 thepremifcs. 
 
 C. II. 
 
1 68 The Govern- ^W^n. 4. Hen. 5.7 K/V?^/ of 
 
 ment of i Hen. 6. SEffglanci. 
 
 H 
 
 CHAP. XX. 
 
 Concerning Sheriffs* 
 
 Enry the Fourth, after a fmallreft in his Throne , though 
 he always fate loofc, fought after the civil Peace, as the 
 corner Stone of his fubfiftcnce i and that by a way of Juftice, 
 which found more acceptance with the vulgar, than the com- 
 mon Education of the greater number in thefc times could 
 promife i for the worfi of Men cannot endure to fuffer injuftice, 
 though thcmfclves will do it. Now bccaufe where Kings are 
 reputed to be the Fountain and Life of juftice, Sheriffs may be 
 reputed to be the breath thereof s and by their irregularities, 
 do render the G.ovcinment of the King, as loathfome , as un- 
 favoury breath doth the perfon whpfe it is ; Therefore Heftry 
 the Fourth chofe rather to be a lofer in his Farm-Rents of the 
 Sheriff- wicks, than to occalion the Sheriffs to fave their bargains 
 3H4 ciu by oppreflicji : And to this end he took away the courle of 
 forming of Sheriff- wicks, and made the Sheriffs bare account- 
 4H. y,ci. ants for the Annual profits i and as touching the cafual profits 
 the Sheriff difcharged himfelf upon Oath. This was a good 
 fccurity to the King , but yet the people was not heiewith 
 I'atisticd •, For though the Sheriffs might not take to Farm, yet 
 what they had, they might let to Farm i And then wherein 
 are the people the better tor thefe Laws'* Seeing it's all <ine 
 for them to beoppreffed by the Sheriff immediately, and by the 
 Proxy. 
 
 For preventing of this inconvenience, another Law is made i 
 Ibat the Sherif ihall not let his Bailywkk^ to Farrn^ nor be Nctt^ 
 ^ • 4 <"• 5^- rcfJent^ and to this he niu[l bind himfelf by Oath ; Sv u? now rhe 
 Sheriff is double girt, and may be fairly ridden, wit:. cut J.'nger 
 to the King or people. But Men ride Horfeb fgr eiife , and 
 pleafure, and he that mufl bend his mind always tt> warch his 
 Horfes motion, will choofe rather to go on Foot i and ther efure 
 
 Henry 
 
The Govern' ^ Hen. 4. Hen. 5. 1 Kingt of i^.) 
 
 went of \ Heu.6. \ EngUnd. 
 
 UeHTyi\^t Fit'th renewed the Lawof V^khjrd\\\t Second , that 1 i^o^' c^. 
 
 Sheriffs Ihall be but for one year, and then not to be choftn a- 
 
 gain, nor ferve for three years next following. This order 
 
 continued for thefpaceof eight years, within which time, War 
 
 and Peftilence had confumed fo many of the richer fort of;; ^I. *■ c u 
 
 people, that a Difpenfatibn is granted, that Sheritfs may conti- 
 
 rue in their places for four years. And it was above twenty 
 
 years after, c're the Stock was recruited again i after which 
 
 time , the fubrtance of the former Statutes of Edward the 
 
 Thiid, Kichard the Second, and i Henrj the Fifth is revived a- 15 H. 6» c. 5, 
 
 gain, with a penalty upon the Sheriff, his Deputy , or Clerk, 
 
 that fliall execute that place above one year i fo the cultom of 
 
 holding that Office ten or twelve years* by cccadon of the 
 
 Difpcnfation forfour years was laid afide ; But the Cure would 
 
 never be perfcd, fo long as Sheriffs held by Inheritance : For 
 
 it was eafie to hnd new Deputies, but not to lay down old 
 
 Cuaoms, nor could it be lading, unlcfs the penalties alfo had 
 
 beefi annexed to the particular crimes. * 
 
 For a Sheriff" before he is a year old, by experience formerly 
 had, becomes too cunning for all thefc Laws-, and therefore 
 Laws are made alfo againff the ordinary corruption of thefe ,r . 
 places, fuch as are extorting of Fees, falfe making of Juries, ^^_,p *"',*'" *' * 
 falfe returns ot Writs, &c. and damages in fuch cafes given to Jv.<; i8.r.i4. 
 the party wronged i and when all is done, he is not trufted 13. cjp. 10. 
 wich taking of Indidments. Thus with much ado, a Sheriff 28 t.^.c.uU' 
 is midc a tolerable Officer, and his place by Degrees fo hedged 
 in, that what was in former times hard to pluck up, is now be- 
 come hardtofer. 
 
 Bt CHAP, 
 
170 ^^^ Govern- ^Utn. 4. Hen. 5. ) Kings of 
 
 mentof ^ ^^"* ^* y England* 
 
 CHAP. xxr. 
 
 t 
 of Jufiiccs and Laws concerning the Peace,. 
 
 HTHe faint Title of H>«0; the Fourth to the Grown, made- 
 
 him ever tender of the Civil Peace , without breach - 
 whereof, he was furcfo be quiet in the Throne \ he undertook 
 not this work by any fuperlative power, frona and by himfelf, 
 but ufeth the help of the Parliament, and Laws , wherein he 
 was induftrious •, pretending love of Unity amongll his people, 
 vThich neverthelefs he liked not, unlefs in order to quiet be- 
 twecn hiOifelf and them. The former way of Jufticcs of 
 1 Hcn.'y.c 10. p^,g^^ he followed clofe, reducing theperfons to their ancient 
 g rr qualitications. The moft fufficientperfons, Inhabitants in the 
 
 County, worth at leaft twenty pound yearly, unlefs they be 
 
 1 H ( Stat.z. Lawyers, or fuch as are juftices in Corporations \ nor is the 
 f.ffi I, ' King troubled or trufted with the naming or eleding of thefe 
 
 Men, but the Chancellour, or the King's Council \ fo as now 
 by Law the King can neither be Juftice, nor make Juftice., Jure 
 /'ro/)r;o,'butas1iis intereftwith the Council is more or lefs pre- 
 valent, and that power that firft gave it to the Crown, the 
 fam.e power took it away, or imparted , and placed it elfe- . 
 where. But as touching the Work or Power of the Juirices 
 themfelves, it grew exceedingly, much whereof was only of 
 
 2 u. ^.c. 4. Q^(^^Yiry at]d to make Certificates, as of Herefie, Treafon , Fal- 
 '^'h^6/c' J. ^'^^^^^ ^f Sheriffs, d^ff. But more of Ojfrand I'ermi^er, .^is in 
 ■^ ■ ' ' cafe of Watches, deceitfulnefs in Trades s as of making arrow. 
 jH. 4.C.3. heads, guilding of Metal , tanning of Leather, imbaling of 
 yH.r^.c.j. Silver, felling of waxen Images and Pidures, &c. for the fu- 
 8 II. y. c. 3 , perdition of thefe tiflses was fuc-h,-as thefe pel ?y gods- were not 
 2 H.6 c,7.M. fet at fo high a price by the Seller, but a higher price by the 
 
 Buyer i the Parliament therefore fet a truer value of them. 
 
 Viz. For the Wax,fo much as the Wax is worth by weight, 
 
 and but four pence for the god-head i fo as it fcems, the Par- 
 
 iiJtncnt was not very fuperiiidous in their Houfe, whatever. 
 
 they. 
 
The govern- J Uen, 4. Eien. 5. ^ Kings of 171 
 
 Mentof \ flen. 6, \ England. 
 
 I // f.r. To. 
 
 they were at Church. Furthermore, the Jufiices of the Peace 
 had power to punlfli deceit in Mcafures , Weights, Forcibie 
 Entries, axid Detainers. In many of which Cafes, tiic penalty ' "9J,' , 
 being Fine and Imprifonmcnt, becamea fnare to many of the tH.e.c'.n. 
 Julticcs, cfpecially iucli as were of tlie greater and higher rank, w H, 6 c.Z 
 who having Caftlcs of their own, under colour of Judice im- 1,^^.4. r. 7. 
 prifoned Delinquentsin their own Caftles, and ranfomcd thera ^ '• 
 attlieirown pleafure i which proved a great opprcllion to the ^ ^- ">- ^-^^ 
 people, aiid occafioncd a Law that no juftice fliould commit 
 any Delinquent to other thdn the County Gaol , faving Fran- 
 chifcs to the Lords. Thofc times are happy when JuHice jr 
 waits not altogether at Court, but grow'S up in the Fields, and ' '^•^•'^' 
 ]ufticcs of Peace, as the King's Arms upon the Royal Mace^ are 
 terrible only to the bad, and not as they are pidured before 
 an Aie-houfe door, to invite Men to tranfgrefs. 
 
 Tiie Laws for the prefervation of the peace concern either 
 punifhment of Crimes committed , or prevention of ihem 
 from being committed: There is a fucccllion cf crimes, as 
 of Men and Ages, becaufc the Scripture tells us, that the hearts 
 of all are falhioned alike, yet it is with generations as with 
 Men, fomecncime to feme Crimes more than other, and that 
 is the rea(onthat the title Tr'eafon, fometimes is fet forth in 
 Folio, fometinies in a IcfTer Volume. It's evident in Story, 
 that the violent times of K/c/jjr^ the Second, had raifed the 
 value of that, amongft other offences , above meafurei not 
 long before histiiVie, his Father had reduced that wild Notion 
 of Treafon to a certain rule, that formerly wandred in a W il- 
 dernefs of opinions. But Henry the Fourth, either to fave 
 his own Stake, or to take the people, or both, reduced it again 
 to the Statute rule of Edward the Third, and made void that 1 H. 4. c. i©. 
 Statute of his PredecelTors, which had made a former Ad of 
 Parliament, (and all the fervice thereby done) Treafon. The 
 dimenfionsof Treafon thus clearly limned and declared, 
 taught illdifpofed minds to keep out of the Letter, and yet to 
 be bold with thefenfei counterfeit Money they durft not, yet 
 todiminilli the fame they thought came not within the Circle, 
 and foit became a common grievance, till a Law was made, ^ ^' ^' ^' ' 
 
 B b 2 that 
 
M I - ■ I I I - ■ __ . - .- I 
 
 17 3 The govern- S Hen^ 4. Hen. 5 . ^ Kings of 
 
 ment of c Hen. 6. ^ Engl and. 
 
 thit al! purpofed impairing of Money (hall be Treafon. And ' 
 fo the Parliament held forth to all Men that they had a power 
 to declare Treafon, without the bounds of the Statute of Ed- 
 tvard the Third. The like power it held forth in the time of 
 Hfwy the Sixth, for Men knew that Burglary and Eobbery. 
 were mortal crimes, they would no more of that, now they 
 devifc a way to fpoil, and prey, for themfclves, and yet neither- 
 to r> b, nor break Houfe. To this end they would fcatrer 
 little Scrolls in writing, requiring (he party that they intended 
 to prey upon, to leave fo much Money upon fuch a day , at 
 ^n^.c.6. fuch a place, and this was Sub-p£na^ of burning the parties 
 Hoiyfe, and goods : which many times did enfue upon default 
 made, tliis prad'ice was at once made Treafon, to prevent the 
 growth of fuch an evil. And the like was done with Robbe- 
 r- //fTc.S ries and Man- flaughters, contrary to the King's Truce, and fafe- 
 CM3.ndud-. 
 
 As iDany or more new.Felonies were alfo now created. 
 One was the cutting out of Mens Tongues, and plucking- 
 Tj ^ out of eyes, a ftrange cruelty; and that fliewed the ex- 
 treme favagenefs of thofe times, fo much the more intol-' 
 lerable , by how much the poor tortured creature could 
 l^ardly be either eye or car witnefs , of the truth of his own- 
 - wrong. 
 
 A fecond Felony was^ the Cuftomary carrying of Wool, 
 or Wool-fells out of the Realm , to other places : except 
 Callis. 
 
 Another Felony, concerncth Soldiers, which I refer over to 
 the next Chapter. 
 
 The laft was, Servants-plundering their Mafters Goods, and 
 w . ^ J abfentingthemfelvcs, if upon proclamation made, they appear 
 ^ ' " " " not, this was alfo made Felony. 
 
 In the next place, as touching Forcible Entries, and Riots, 
 the remedies fo often inculcated, and new drelTed, (hew plainly 
 ...^ the nature of the times : Thefe kind of crimes commonly are 
 as the light skirmiihes irv the beginning of a War, and follow- 
 in the cooclulion alfo, 35 the faintings.of a battel fought till- 
 both fides be weary* 
 
 iZli. 6 tM<;. 
 
The govern- jHen. 4. Hen. 5. ? Kings of 175 
 
 ment of\ Hen. 6. i Englatid* 
 
 I (hall not enter into each particular Statute , divers of 
 tliem being little other than as afleverations annexed to a 
 fentence, to add credit, and (lir up minding in men, that o- 
 therwife would foon forget what is faid or done; The reme- 
 dies formerly propounded are now refined and made more 
 effedual. 
 
 Firft, In regard of fpeed, which is as TiecelTary in thefe for- 
 ces, as the flopping of the breaches of Waters in the firlV 
 Adl, and therefore one JuGiceof the Peace may proceed upon 
 a holder by force, or breaker of the Peace, with a ContiMuan- 
 do, butPviots are looked upon as more dangerous, and the hrft ^ ^^- ^•^■9-' 
 oppofition had need be more ftitf, le|(i being uncfTcdlual , ag- 
 gravates the violence, and therefore it's required that two ]a- 
 fticcs, and the Sheriff (hould joyn in the work, to carry on the 
 work, with more Authority and Power. And what they 
 cannot do in the punitive part, they muftcertirie to the King 
 and his Council, or to the King's Bench if Traverfe be made •* ^V '■-'^- ^' 
 So as though the power of the County be annexed to the She-^ ■5'^'9' 
 rift, Jure ordinario, to maintain the Peace, yet the Parliament' 
 did delegate the fime upon Juftices, as it thought moft expe- 
 dient. 
 
 To maintain and recover the Peace when it's broken , fiiews 
 more power, but to prevent the breach, (hews move Wifdom, 
 and therefore to all the reft, the Wifdom of thefe times provi* 
 ded carefully. 
 
 FirO:, For Guards and Watches, according to the Statute 
 at IViHt. and committed the care thereof to the Juftices of j H ^.c.}. 
 the Peace. 
 
 And Secondly, Againft the gendring of parties, for it's com- 
 monly feen, that fucn as are admired for excellencies of pcr- 
 fon,are fo far idolized of fome, as that their geftures, adlions, 
 and opinions are obferved i tokens of favour (though never 
 ib fmalDaredeiired from fuch,and the Idol likes it well, gives 
 Points, Ribbons, it may be Hats, and with thefe Men are foon • 
 g3>ined'to be Servants in the fa(hion,and not long after to be 
 Servants in Af^ion, be it War, or Treafon, or any other way. 
 
 This- 
 
174 The govern- t Hen. 4. Hen. 5. ^ Kings of 
 
 ment of l Hen. 6. y England, 
 
 This manner of cheat thcfortncr times had been too well ac- 
 quainted with i Knights and Efquires arc not to be feared 
 intimes where the word Lord carries the wonderment away, 
 their offences againft the Statutes of Liveries are all great, 
 though in themfelves never k> fmalh and therefore are fure 
 I U. 4. c 7. of Fine, and Ranfome,and it's well if they efcape a years im- 
 «8 H.6. c 4. prifonment, without Bail or Mainprize. Lords may wear the 
 King's Livery, but may give none i Knights and Efquires may 
 wear the King's Livery in their attendance upon his perfon. but 
 not in the Countrcy ; The King and Prince may give Livc- 
 iH. 4. f, II. rics to Lords and menial Servants. Thefumis, that Liveries 
 may be given by the more publick perfons for State,not to make 
 parties i and Men may wear Liveries in token of Service in 
 Peace, and not in Arms. 
 
 One thing muft be added to all, which may cencern Trial in 
 ic U.6. Stat, all, Viz. A Law was now mad:e.^ that noble Ladies fl)a\l be tryed 
 z, cap. 6. by their Veers i *A Law now of the Hrft rtamp,and rtrange it is 
 that it never came before now into the breaft of the Law , but 
 that it came now, it is not ftrangci no meaner perfon than 
 the Dutchefsof Gloce{ler is lirft charged with Treafon •, when 
 that could not appear, then for Necromancy, very fitly , that 
 (lie might be tryed by the Ecclefiaflical way of witneffes •, She 
 is found guilty, and a fentence of penance, and imprifonment 
 or bani(hment pafTed thereupon, after fuch a wild way, as both 
 Nobles, and Commons paffed this Law for the Vindication of 
 that noble Sex from fuch hud ling Trials for the future. 
 
 f 
 
 CHAP. 
 
TbeGiH^r»'CH^u.^, Hen.5. ?K/«^/ of I75 
 
 ffte^i of 2 Heu. 6. ^England, 
 
 CHAP. xxir. 
 
 of the Militia^ ciurittg thefe iimes» 
 
 'T'He Title of Uemy the Fourth to the Crown, was maintain- 
 ed principally by his Tenures, which the Courtiers call 
 Knight-fervicc, but the common people, force of Arms i and 
 that which deftroyed many a Man was the principal means of 
 his fubfiftence. Otherwife it's clear, that his Title was Ihrk 
 naughty nor could he outface Morfiwar's Title without a na- 
 ked Sword, which he ufed warily •, for he had Enemies enough 
 to keep his Sword in hand, and Friends enough to keep it from 
 ilriking at random : for coming in by the peoples favour, he 
 was obliged to be rather remifs, than rigorous, yet his manner 
 of coming was by the Sword, and that cccalioneth Men much 
 to debate about his abfolute power in the Militia, as fuppofing, 
 that what power he had, other Kings may, P? /«rf, challenge 
 .the fame; and let that betaken for granted , though it will 
 not Tieccffarily follow in true rcafoning; And let it alfo bs 
 taken for good, that f/fwry the Fourth entred the Throne by 
 his Sword, yet is there not any Monument in Story or Antiqui- 
 ty that favoureth any abfolute right in him ovei^ the Militia, 
 but the current is, Ithink, fomewhat clear againtt if. 
 
 iFirfl, Becaufe H<i«r)' the Fourth , Ve Jme , could not corn* 
 pel Men toXtvvc beyond the Seas, but raifcd them by con- 
 trad , and therefore by A(5t of Parliament, he did conrirm 
 the Statute, i U. 3. Stat.2. cap.^» which Statute was pur- 4/74.C. i', 
 pofely made to that end; And the fame alfo is counfe- 
 3ianced-by-another Statute made in thcfe times Avhcreof we i^H.6.c.i^. 
 now Trtat \ by the words whereof appeartth , • that tItc 
 Soldiers for the Fcraign Service were levycd by Confradt, 
 between them and the Captain , who undertook to Levy 
 .'them, by wage \ fo as none were then compelled to enter into 
 ifienvicc by iitvpreOj m -abrolute command -, -nor is there any 
 
 Authority 
 
iy6 The Govern*, lUtn.^, Hea. '^.'TKingsof 
 
 mcnt of I Hen. 6. jEngla/td, 
 
 Authority amon^ft all thofe cited in Calvin's Cz^e, that doth 
 
 mention any fuch xhingi but contrarily, that Opinion of 
 
 ''^l' p' ^'[^' 1hhAiH2,\^ exprefs , Th:t the King cannot fend Men bc- 
 
 hfb. VrotM. y^j^j gj,^^ ^^ Wars , without wages > and therefore no 
 
 ^^^* man is bound to any fdch 'ferVice , by any abfolute Legi- 
 
 ance , as tlic Reporter would underlbnd the point; but if 
 
 he receivtih wages rhereto , he by that Contradt binds hin[i- 
 
 ,fclf. 
 
 Secondly, It feemeth alfo to be granted, that fudi as went 
 voluntarily in the Fling's fervice, ever had the King's pay, after 
 they were out of their Counties, if the King ruled by his Laws, 
 for by the Statute formerly mentioned, the King did likewife 
 confirm the Statute of i% Ed.:^.Stat.2,cap.'j. which is exprefs 
 in that point, and the matter in Fadt ajfo is evident upon the 
 Records. 
 
 Thirdly, Touching the Arming of thofe that were thus Le- 
 
 vycd, as thetEwas a certain Law, by which all Men were Af- 
 
 . felTed to certain Arms, either by the Service and Tenure of 
 
 their Lands, or by Parliament •, for fuch as were not bound to 
 
 find fufficient Arms by their Tenure, according as is contained 
 
 „ , in the Statute, 2 5 Eii 3. 5/^^.5. c^p.S. So did Hf«r)/ the Fourth, 
 
 ^ ''^' by the Statute formerly mentioned to be made in his time, 
 
 confirm that Law of Et^B^^r^ the Third. In the Argument 
 
 of Calvin's Gafe,it is miuch infifted upon, to prove the Legi- 
 
 ance of an Englitli-man to the King to be abfolute, becaufe he 
 
 hath power to fend Men to War at hispleafure , and he hath 
 
 only power to make War; and if fo, then hath he abfolute 
 
 ^Dower in the Militia : As touching the power of fending Men 
 
 to War, hath been already fpokeni but as touching the power 
 
 to make War, there is no doubt, but where a King hath made 
 
 aLeaguc with another Kingjhe only can break that League, 
 
 19 £. 4./. ^. gj^j j-Q j^jjj^^ ^r^^ .^ ^^^ jl^^f Opinion of Brian muftbe agreed 
 
 for good in that fenfe. But if a League be made by Ad of 
 Parliament, or if the King will have War, and the Parliament 
 will make a League without him i no Authority doth in fush 
 cafe avouch, that it is the right of the King, or that he hath a 
 Legal power to break that League as he pleafeth ; Neither in 
 
 the 
 
The Govern- r Hen, 4. Hen. 5. ^ Kings of 177 
 
 mentof\ Hen. 6. (England. 
 
 t 
 
 the ucxi place, hath the King any right or Legal power to 
 make Vv'ar with his own Subjeds as he pkareth,but is bound to 
 maintain the Peaceynot only by his Oath at his Coionaticn 
 bnt alfo by the Laws whereto he is bound , if he will r*=ign 
 in right of an Engli(h King; For every Man knoweth, tnat 
 the grounds of the Statutes of wearing of Liveries, was for 
 the maintaining of the Publick Peace. And Henry the Fourth 
 amongrt other provilions made againft that trick, hath this-, »^^4-c. 7.- 
 Ihat the K:>t(^ jJ^jV give only his Honourable Livery in his Lords 
 Temporal whom jhall pleafe him , and to his Kr.ights ard £- 
 fquirei menial^ and to his Knights and Efqrtires rvhich be of his 
 retinue^ and take of him their yearly ¥ee for Term of L^fe , and 
 that no Teoman Jhall take or rvear any Livery of the Kinr^ nor of 
 none other Lord. And another Law was made within one 
 year enfuing, confirming the former, and providing, the Prince ' ^' '^' ^ ""■ ' 
 may give Liveries to fuch Lords as he pleales, and to his me- 
 nial Gentlemen, and that they may wear the fame as in the 
 King's Cafe. By both which, the King and Prince are both 
 in one Cafe, as touching the power of giving Liveries, if the 
 one hath abfolute power, then hath tlieother the like i If one 
 be under the Diredory of Law in that point, then is alfo the 
 other t For it is clears that the King is intended by the Sta- 
 tute to be bound from giving Liveries, and the people from 
 wearing them, other wife than in efpecial Cafes i and then the 
 Conclufion will be, that if the King may not give Liveries to' 
 prejudice of the peace, then may he much lefs break the peace 
 at his plcafure i or levy Men, Arms, and War when he fliall 
 think moi^ meet. Take then away from the King abfolutc 
 power to compel Men to take up Arms, other wife thjn in cafe 
 of Foiaign Invafion •■, power to compel Men to go out of 
 their Counties to War \ power to charge Men for maintenance 
 of the Wars; power to make them find Arms at his pleafure i 
 and lalily, power to break the peace, or do ought that may 
 tend thereto; Certainly the power of the Militia that remain* 
 eth, though never fo furely fettled in the King's hand, can nev«r 
 bite this Nation. 
 
 C c Ncr 
 
178 Tf3e Govern- 5 Hen. 4, Hen. 5. 7 Kingt of 
 
 mcntof ^ Hen. 6. ^ England, 
 
 Norcanthcnoifcof the Commillion of Array, entitle the 
 King unto any fucli vafl power, as is pretended : For though 
 it be granted, that the Commillion of Array was amended by 
 the Parlianient in thcfe times ', and Secondly , that being fo 
 atrjended, it was to fcrve for a Precedent or Rule for the future* 
 yet will it not follow, that BcKry the Fourth had, or any Sue- 
 cefTour of his, hath any power of Array originally from them- 
 felves, abfolutely in themfclves,ordeternninatively to fuchends 
 as he, or they, (hall think meet. 
 
 Firlt, As touching the amendment of the Gommiilion , it 
 was done upon complaint made by the Commons as a grie- 
 vance, thatfuch Commiilions had iffued forth , as had been 
 grievous, hurtful, and dangerous : And the King agrees to 
 vhe amendments , upon advice had with the Lords , and 
 judges: and if it be true that the amendments were in the 
 
 £a;jS?. Cy//cT. material claufes ("as it is granted ) then it feemeth that 
 
 f. 40^. formerly a greater power was exercifed than by Law ought 
 
 to have been > and then hath not the King an abfolute power 
 of Array, for the jurt power of a King can be no grievance to- 
 the Subjecfr, 
 
 Secondly, If the Commiffion of Array thus mended , was 
 
 y. 4C7. . to ferve as a rule of Array for the future , then there is a rule, 
 beyond which, Hemy the Fourth, and his SuccefTors may not 
 go i and then it will alfo follow, that the power of Array, is 
 not Originally, nor abfolutely, in the King, but from, and 
 under the Rule and Law of the Parliament: which rule was 
 
 Ibid- foL 406. not made by the Kings own diredions, but (as we are told) 
 beyond expedation, alterations were made in material parts of 
 tlie Commillion, and the powers in execution there , whereof 
 no complaint of grievance had been made. The iffue then is, 
 if the King had an Univerfal power in the Array^ the Parlia- 
 ment likewife had a general Liberty without any rcftridion to 
 corrc6t that power. 
 
 Lalily, Suppofe that this power of the Parliament is exe- 
 cuted , and concluded, by the Commillion thus amended, and 
 that thereby the King's Power is eftabliflied, yet can it not be 
 . . con* 
 
The govern- rWtn* 4. Hen. 5. 1^ Kingf of IJ^ 
 
 metjfofl Hen. 6. ^England. 
 
 concluded , that this power is Originally or abfoluttly in 
 the King : It's not abfolutely in him,becaufc it is linnitcd in 
 thcfe particulars. 
 
 Firrt, It's not continual, becaufe it's only in cafe of eminent 
 danger. 
 
 Secondly, It's not general upon all occafions, but only in 
 cafe of a Foraign and fudden invafion and attennpts. 
 
 Thirdly, the powers are not undefined, but circunnfcribed. 
 I. To Array fuch as are Armed, fo as they cannot aflfcfs Arms m^a ^ ,, 
 upon lucn. 2. To compel thole ot able Bodies and Eitates 
 to be Armed, and thofe of able Eftates, and not able Bodies, to 
 Armfuch as are of able Bodies, and not Eftates : but this mutt 
 hcjrextjfacultatcs^ and falvo Statji.^, Whereas they llrain 
 themfelves to make the Statute of Henry the Fourth, and the 
 Commillion of Array , to confill: vvith the Statutes of 
 13 E.I. I E. 3. and 25 E. 3. thereby they affirm fo many 
 more reftri(^ions unto this power of Array , as thofe Statutes 
 are remedial in particular cafes \ yet do I not agree to their 
 Glofles, but leave them to the debate already publilbed con- 
 cerning the fame. 
 
 Secondly, As this power was not abfolutely in the King , fo 
 was it not originally from themfelves, becaufe they had not the 
 Legillarive power concerning the fame > but the fame was ever, 
 and yet is, in the Parliament j hereof I (hall note only three 
 particular inftances. 
 
 Firft, the Militia is a pofture, that extendeth as well to Sea, 
 as Land; That which concerneth the Sea, is the Law of 
 M<«r(7«e, and Reprifal, granted to fuch of the people of this 
 Nation, a^ are pillaged by Sea, by fuch as have the King's Gon- 
 dudl, or publick Truce. And by this Law, the party pillaged, ^ h. f. c.7. 
 had power to recompence himfeif upon that Man that had 
 pillaged him, or upon any other Subjed of that Nation , in 
 cafe upon requcft made of the Magiftrate in that Nation , fatis- 
 fad:ion»be not given him for his wrong; it was a Law made by 
 the Parliament, whereby the Chancellour had power to grant 
 fuch Letters or Commillionj upon complaint to him made. 
 
 Cc 2 This 
 
i8q 
 
 Tie govern- I Hen. 4. Hen. 5. ^ Kw^j of 
 mmt of I Hen. 6. i E^davd. 
 
 Mag. charta. This was grounded upon the Statute of Magna Charta^ con. 
 
 cap.il. cerning Free Trade, which had been prejudiced by the rigour 
 
 of the Confervators of the Truce, againft the King's Subjects 
 although what was by them done was done in their .own de- 
 fence : And by which means the Foraigners were become bold ■ 
 tQ tranfgrcfs, and the Englifh fearful in their own Charge and 
 many laid aGde their Trade by Sea, and thereby the Iheneth of - 
 tine Kingdom was much impaired,: Nor is the equity of this 
 Law to bcqueftioned, for if the Magifirate upon complaint- 
 made, grants ^not relief, the offence becomes publick, and the • 
 Nation chargeable, in nature of an AccefTory after 'the Fad • 
 and fo the next Man liable to give fatisfa6fion, and to feek for 
 jelicf at home. 
 
 The King then hath a power to grant Letters oi Marque by 
 Sea or Land, and this power is granted by Parliament, and this 
 power is a limited power, only in particular cafes , in regard « 
 that many times thefe prove in nature.of the firil light skir- 
 njiflies of a general War. 
 
 two other infiances yet remain concerning. the Order and 
 Government of the Soldiers in the Army ; the one concerning . 
 tbfC Soldiers pay, Viz. Ihat Captains jljuUnet abate the Soldiers 
 Wages^ but for their CLathing, under peril of Fine ts the Kinff.- 
 The.other concerning the Soldiers fcrvice, Ibat they Jhall not • 
 depart from their Colottn mthout leave ^before the time of their 
 Service be expired^ unlefs in cafe of ficl^^efs^ or other good canfe 
 teliified and al'awed by the Captain; and fuch as jhall do other m' 
 f.^all fuffer as felons. Which Laws could not have holden in 
 force, had they not been made by Parliament, in refped: that 
 the penalties concern the EHates and Lives ef Men, which are 
 not to be invaded but by the Law of the Land; fo as both 
 Captains and Soldiers, as touching the Lcgillarive power are 
 not under the King in his peifonal Capacity , but . under' the ■ 
 Law of the Parliament. 
 
 \%B.6.c. w 
 
 c<jp, i^ , 
 
 Laftly,Astheruleof War was under the Legiflative power 
 oi the Parliament,.fo was the rule of Peace i for whihl Henry 
 tjie Sixth was in Fr^wf, which was in his tenth year, from si 
 ueorgn day, till February following : The Scots propound 
 
 terms 
 
The govern- ^Edw. 4. Edw. $,/>Kipfgs of^ fiSi 
 
 mentofZ Rich. 5. S England, 
 
 terms of Peace to the Duke of Gloce[ler^ he being then Ctt\los Hj,t. 10 h. 6. 
 
 Kegni^ which he referred to the Order of the Parliament , by • 
 
 whom it was determined, and the Peace concluded in the ab- 
 
 fence of the King, and was holden as good and cffedual by 
 
 both Kingdoms, as if the King had. been perfonally prefent in 
 
 his full capacity. . 
 
 CHAP. XXIIL 
 
 A Survey of the Reigns of Edward .the Fourth , Ed-' 
 ward the Fifth, and Rich^td the Third, 
 
 THe Reign of Henry the Sixth, was for the moi^ part, in ' 
 the former parts of it, like fire buried up in the Aflics-, 
 and in the latter parts breaking out into a Flame : la 
 the heat whereof, the Duke of Tork^^ after Fealty given by him ' 
 to H«?«7 the Sixth, and difpcnfation gotten from the Pope, 
 to break his Faith, loft his life i and left his Son the Marl^- 
 grave^to purfue his Title to the Crown, which he claimed 
 by Inheritance , but more efpccially by A<ft of Parliament 
 made upon the agreement between Hefiry the Sixt+i and 
 his Father. This was Edivard the Fourth, who neverthc- 
 kfs referved himfelf to theEledionof the Lords, and was 
 by them received, and commended to the Commons in 
 the Field, by which means he gaining the polTeifion had 
 alfo encouragement to maintain the fame , yet never' iield 
 himfelf a King of full Age , folong as Henry the Sixth lived 
 which was the one half of his Reign ; Nor did he ; thoueh 
 he held maay Parliaments, fcarce reach higher than at reform- 
 ing of Trade, which was a Theam well pleafing to ths 
 people, next unto their Peace, which alfo the King carefully 
 regarded. For. although he had been a SoJdier cf good ex-- 
 
 perienee 
 
f.4- ^ 5 
 
 182 The govern- \ Edw. 4. Ed w. 5. 1 Kings of 
 
 meni ofX Rich. 5. ^England. 
 
 perience, and therewith fuccefsful, yet as one loath to tiuft too 
 far, either the conftancy of the people of his own opinion , or 
 the fortune of War with his neighbouring Princes, he did 
 much by brave countenance and difcourfe: and yet gain'd re- 
 pute to the Engliih for valour, after the dilhonourable times of 
 Henry the Sixth. He had much to do with a wife King of 
 France^ that knew how to lay out three or four calm words 
 at any time to fave the adventure of his peoples blood , and 
 make a (hew of Money topurchafe the peaceable holding of 
 that which was his, only by force, until the wind proved more 
 fair to bring all that continent under one head. 
 
 In his Government at home he met with many crofs gales, 
 occafioned principally by his own rafhnefs, and neglediof the 
 Earl of JVarmcks apjproved friend(hip, which he had turned 
 ., into profeffed enmity ; And fo weakned his own caufe there- 
 
 ^Tk\'^^ by, that he was once under Water, his Kingdom difpofed of 
 ' by new intail upon the Heirs of Duke Clarence^ and fo the Earl 
 of IVarmck, remained cqnftantto the Houfe of Tork^^ though 
 this particular King was fet afidc. Nor did he in all this, gain 
 any thing but a Wife, who though his Subjed, and none of 
 the greateft Family, neither brought any intereft unto her 
 Lord and Husband amongft Foraign Princes, brought never- 
 thelefs a Pearl, which was beyond all \ which was the purchafe 
 of the Union between the two Houfesof Tork^ and Lancafler^ 
 and a peaceable fuccellion in the Throne for a long while to 
 come. It rauft be granted, that there fell therewith an un» 
 happy inconvenience in the raifing of a new Nobility of the 
 Queens kindred, of whom the ancient ftock of Nobility 
 thought fcorn, and yet they were fo confiderable as to be envy- 
 ed. A wound hard to be cured, and yet eafily avoided , by 
 fuch as know how to deny therafelves. And therefore can 
 be no prejudice unto that conclufion : That for an Engl[(h 
 Kingjo majrry his^ own Subjed, is more fafe for^the King, and 
 beneficial for the Kingdom, than tomarry a Stranger* 
 
 But E^ac^r^ the Fourth did not long lie underneath j upon 
 the next fair Gale he «omes from beyond the Sea , and C hke 
 
 his 
 
Thi G(7z;er«.CEdw. 4, Edw. 5. ^Kings of 183 
 
 mefttof^ Rich. 3. ^England, 
 
 his firft Predeceffor of the Houfe of Lanca^ler') claims only his 
 Dutchy, which no Man could in rcafon deny to be his right, 
 and therefore were the fooner engaged with him in that 
 accoult. This was an hCt that in the tirft undertaking feem- 
 cd modeft, but when it was done, appeared too bold to ad- 
 venture it upon the Cenfure of Henry the Sixth •» and there- 
 fore they were not more ready to engage, than Hack to disen- 
 gage , till they were fecure in the King's Intereft , which not 
 long after enfued, by the death of Henry the Sixth. Thus 
 E(^jrjri^ the Fourth recovered the Crown to favc his Dutchy. 
 His Government was not fuitables for he came in by the peo- . 
 pie, hut endeavoured to uphold himfelf by Foraign dependen- 
 cies \ as if he deiired to fpread his Root s, rather wide than 
 deep, how ill this choice was, the event (hewed i for plants 
 that Root wide may be firoiig enough againrt an outward 
 ftorm, but they foon grow old, barren, and rot irrecoverably 
 from beneath : Such was the end of this Man's Government, 
 iiimfelf lived and died a King, and left ilfue , both Male and 
 Female, the one tafted the Government, the other kilTed it, 
 but neither of them ever enjoyed further than a bare Title, 
 Nor was the Government of E^mzr^ the Fourth fo fccurcd by 
 thefe engagements of Foraigners, for as he fought to delude fo Cymln. Hb.i, 
 he was deluded, both by Burgundy zn^ Scotland^ to the .preju- c. ^. 
 dice of all three. Towards his own people, his carriage was 
 not fo much by Law as by Leave ^ for he could tetch a couife 
 out of the old way of rule, fatishe himfelf, dilTatisfie others, 
 and yet never was called to account : What was done by 
 entreaty no Man could blame, and where entreaties are counte- 
 nanced by Power, no Man durft contradict. Thanks to his 
 Fate that had brought him upon a people tyred by Wars, feared 
 by his fuccef^, and loth to adventure much for the Houfe of 
 Lancajier^ in which.no courage was left to adventure for it 
 felf. Thegreateftcrrour of his way vi?as in the matter" of 
 FvCvenue \ the former times had been unhappy in refpedl of 
 good Husbandry i and Edward the Fourth Was no Man to ^ •"'''^' ^^'-r*- 
 gather heaps ; His ocoafions conduced rather to djlfufe , and ' ^* 
 his mind gen(?rally led the way thereto, fo as it's the lefs 
 
 wonder. 
 
The Gowrff- cEclw,4. Edw,$,nKwgf of 
 ment of i Rich. 5, ^EfigUnd* 
 
 wonder if beciHed more for accommodations than the Or- 
 djwary Treafuiyof the Crown could fupply ; Hereto there- 
 fore he uled expedients, which in his former times, were more 
 moderate \ for whilft Henry vhe Sixth lived, he did but bor- 
 I' £.4 c z. ^°^» '^y Pi^i^y S^'^K 2nd take Tunnageand Poundage by way 
 of hire : Afterwards when no Star appeared (but what was 
 enlightncd from, his own Sun J he was more plain, and tryed a 
 new trick, called Benevolence : unwelcome it was, not only in 
 regard of it's own nature, but much more in the end, for it 
 . ., was to fervetheDjke of B//t"^»«^ in raifing a War againft 
 cjp" I ' ' '^' ^^'^^<^^ in the lirll view, but in the conclufion to ferve his own 
 purfe, both from Friends and Foes : And yet this alfo p^fled 
 without much control, for when difpleafure was like to enfue, 
 he could fpeak fair, and feaft, and if need was, kifs away 
 all difcontent. Towards his end, as fiiale drink, he grew fowr ; 
 For as in the firft part of his Reign he had been fupplyed by 
 good will againll: Law i fo in his latter times, he had gotten a 
 trick of fupply by Law againft good will : This was by pe- 
 nal Laws, which are a remedy if they be ufed , Ad terrorem^ 
 but if drained beyond that, the remedy proveth worfe than 
 thedifcafe-, in their rirftinftitution they are forms of courtefie 
 from the people to the King, but in the rigorous execution of 
 them, are trials of malkry of the King over the people, and are 
 ufually laid up againft days of reckoning between the Prince 
 and them. 
 
 Thofe penal Laws arc beft contrived, that with the greateft 
 . terrour to the Delinquent bring the Icaft profit to the King's 
 Coffers. Once for all, this King's Ads were many, his enter- 
 prizes more, but feldom attaining that end which they faced. 
 He was a Man of War,, and did more by his Fame than his 
 Sword, was no fooner refolved in good earneit but he died, 
 left a Kingdom unalTured, his Children young, and many 
 ■ Friends in (hew, but in truth very few. 
 
 E^. 5. 1 Now if ever, was the Kingdom in 3 trance, Edroard the 
 
 K/ci^. 3»>' Fourth left a Son, the Priwij materia^ of a King, and who 
 
 Jived longenoughto.be enrolled amongft f.Dgli(h Kings, yet 
 
 ferve4 
 
• — ' -^ -— T -— — * 
 
 T/je Govern- xEdw.^, Edw.5. > Kings of 185 
 
 f»e»t of 7 Rich. 3. | England, 
 
 fervcd the place no further, than to be an occafion to fill up the 
 meafure of the wickednefs of the Duke of Glocejier, and a mo- 
 nument of God's difpleafure againft the Houfe of Edward the 
 Fourths whether for that breach of oath, or treachery againft 
 Hf«ry the Sixth, or for what other caufe, I cannot tell. But 
 at the beft this Prince was, in relation to his Unkle the Duke of 
 Cloceihr^ little other than as an Ovcrfecr to an Executor , that 
 might fee and complain but cannot amend; For the Duke 
 ruled, over-ruled, and mif ruled all under the name of Ediv, 
 the Fifth, and lett no monument of good Government upon 
 Record, till he changed both the Name and Pcrfon of Edward 
 theFifth to K./c/>jr^ the Third i his Fame had lifted him up, / 
 
 and might havefupported him had he regarded it. But as no 
 Man had more honour before he afccnded the Throne , fo mj^ercjt Je Gal»^ 
 Man ever entred and fate thereon withlefsi his proceedings^*^' impa; 
 were from a Protedcr to an Ufurpcr, and thence to aTyrant, ' * ^' 
 a fcourge to the whole Nation, efpecially the Nobility j and 
 laftly, an inftrumentof God's Revenge upon himfelf, a Man 
 made up of Clay and Blood, living not loved, and dying un- 
 lamentcd. The manner, of his Government was (trained, 
 having once won the fadJle, he is loth to be caft j knowing 
 himfelf guilty all over, and that nothing could abfolve his Fame 
 but a ParliaiTicnt, he calls it, Courts it,, and where his Wit 
 could not reach to Apologize, he makes whole by recompence, 
 takes away benevolences •, he is ready to let them have their i ^icf^-S- c. *,' 
 prtfent dcfires , what can they have more : He promifeth 
 good behaviour for the future, which he might the better do be- 
 caufehehad already attained his ends : Thus in one Parlia- 
 ment (for he could hold no more) he gave fuch content,as even 
 to wonderment, he could as foon find an Army in the Field to 
 fight for him, astheraoft meritorious of his PredecefTors. His 
 ill Title made him very jealous, and thereby taught his beft 
 Friends, to keep at a diftance, after which time few efcaped 
 that came within his reach, and fo he ferved God's Judgement 
 againft his adjutants, though he underftood it not. Amongft 
 the reft, the Duke of Buckjagham ( his great Aftbciate, both 
 ia the Butchery of the two young Princes, and ufurpation of 
 
 Dd Khe 
 
i86 The Govern- 5Edw.4. Edvv. 5. > *:r>^/ ^/ 
 
 went of 2. R»<^h. 3. ^ Eff gland, 
 
 "m \t iiii. — — ■ ' — " - 
 
 the Royal Scepter i ) he lived till he had laid the Foundation of 
 better times in the pcrfon of Henry the Seventh, and then re- 
 ceived his reward ; But an ill Confcience muli be continually 
 fed, or it will eat up its own womb. 
 
 The King's mind being delivered from fear of the Sons of 
 Edward the Fourth, now dead, torments hinifclf with thoughts 
 of his Daughter alive i alliamcd he is of Butchery of a Girl, 
 J Jiich ■} x.i J ■ hechoofeth a conceit of BaUardizingthc Children of Elizabeth 
 Gray^ that callcth her felf Qactn of ' England •, but this proved 
 too hard to concoft •, fnon alter that, he goes a contrary way : 
 The Lady EZ/z^/'f^^ 6'r^j' is now undoubted Wife of Edtvard 
 the Fourth, and her clddl: Daughter, as undoubted Heir to the 
 Crown. And fo the King will now be contented to adven- 
 ture himfelf into an inctfluous Marriage with her, if his own. 
 Queen were not in the way, only to fccure the Peace of the 
 Kingdom » which, he good King. v. as bound in Confcience to 
 maintain, though with the peril of his own Soul i and in this 
 zeal of hisConfcience, his Queen foon went out of the way, 
 and fo Love is made to the yo'ung Lady. But He^iry Earl of 
 K/c/?w<?«^ was there before, and the Lady warily declined the 
 choice, till the golden Apple was won, which was not long af- 
 ter accompliflied i the King loling both the Lady, his Crown, 
 and own life together, put an end to much wickednefs, and 
 had the end thereof in Bofmrth -Field, 
 
 CHAP, 
 
The goverfi' jEdw»i\,Edw, ^.^Xiftgf of 187 
 
 mentof I Rich. 5. ^ EngUfid. 
 
 CHAP. XXIV. 
 
 Of the Government in ReUtion to the Parliament, 
 
 TTHe fcafons now In Trad were of (hort continuance, lives 
 pafTed away more fpeedily than years i and it may feem 
 ufelels to enquire what is the nature of the Government in 
 fuch a time, when as the grcateft work was to maintain life 
 and foul together s and when all is done, little elfe is done. 
 For though the Title of the Houfe of Torj^ was never fo clear 
 againl^ that of LaHcajier i yet it had been fo long darkncd with 
 a continual Succeilionof Rings of the Red Rofe, that either by 
 their merit had gained a Throne in the peoples hearts, or by 
 their Facility had yielded their Throne up tu the peoples will i 
 as it proved not eafie to Convince them that liked well their 
 prefent Lot, and were doubtful of change , or to make them 
 ten Ji.r ot the right of Edivard the Fourth above their own quiet. 
 Abi^vc ihrcefcore years now had Engiartd made Trial ot the 
 Government ot tlie Lancajlrian Princes, and thereof about thir- 
 ty years experience had they of Hettry the Sixth ■■, they faw he 
 was a gentle Piince. On the other fide, Edward the Fourth, 
 newly fprung upoutof a Root, watered with blood j himfelf 
 alfo a Man for the Field. 
 
 Thismight well put the minds of the people to a ftand, 
 what to think of this Man , whofe Nature and ends are fo 
 doubtful , and brought nothing to commend him to the 
 good wills of the people, but his bare Title i which the com- 
 mon fort ufaally judge of , according as they fee it profper 
 more or Icfs. Add hereunto that Divine Providence did not 
 fo clearly, nor fuddenJy , determine his fecret purpofe con- 
 cerning this change, by any conftant fuccefs to cither part, 
 by means whereof the one half of Ee/jv^ir^ the Fourth's Reign 
 was fpent, while as yet Henry iht Sixth was in view , and the 
 
 Dd 2 minds 
 
ids rhe 
 
 ntent 
 
 govern- VEdw.4. Edw.5. ) Kings of 
 tent of c Rich. 3. \ England, 
 
 minds of Men left unalTured, neither trufling much to Edivard 
 the Fourth, nor he to ihcm: and after that Heftry the Sixth 
 was gone out of the way , Edveard the Fourth , could not 
 readily change hispofture,ufed Arguments of force and powerj. 
 and £or the moft part, looked hke a Man in Arms, with his 
 hand on his fword, ready to draw upon the next Man that 
 ftands in his way. 
 
 r£.4. «.3o. Thus are the people partly driven, and partly drawn, into 
 an Oath of Allegiance unto EfS^a'^jr^ the Fourth , under peril 
 of Attainder > and the Parliament affured unto him once more; 
 For immediately upon the departure o^ Edward the Fourth 
 beyond Sea, after ten years of his Reign, the Parliament (never 
 fUyingfor the ilTue of Providence J declared the Throne void 
 of Edward the Fourth, and Hetiry the Sixth King. The 
 judges likewife of the Courts of We\\min{\er determined the 
 fame thing, as may appear by the Law Reports of thofe times 
 in Print : wherein Re-attachments were often granted by them . 
 upon difcontinuanceof procefs by this Demife of Edward the. 
 Fourth. And thus Uemy the Sixth is once more King for fix 
 months, r/>;. (wm Ociober to Jpril, at which time the bal- 
 lance turns, Edward the Fourth returns, gets into the Throne ; 
 Hf«ry the Sixth is again Dethroned, all things are as they were, 
 and all confirmed by A6b of Parliament. For that Body is 
 ever wife enough to fide with power , rather than to fpend 
 much time upon fruitlefs Orders and Votes, that will pierce 
 no Armour > and therefore like the times, mutl; needs be fub- 
 jedt to fits of diftemper at the coming in of every Tide, and did 
 build, and pull down, Enad, and difena(!^j turn and return,the 
 Englifh Crown, fromTorJl^ to Lancajier., and back again , and 
 inconclufion, for feme time did do little but undo. Nor can 
 ^^ey be juftly cenfurcd herein j for Councils uf Men are 
 
 /Z^' not ordained to hinder Divine Providence, or over-rule Fate, 
 
 , but_to fore- fee, and ciofe with occafions, in themoftjdvan- 
 
 tageou^_wayJbr _the publick: good, and when both Winds 
 
 ancUlurrents_are uncertain , to ride at flote, till tjiey canj[i- 
 
 fcernjhe^moi\^com_mod iqus Haven to W injer in. To impute 
 
 ~^ there- 
 
Thi goverpf' i Edw. 4. Edw. 5. > Kittgs of 189 , 
 
 Mefttofc Rich*. 5. ^England, 
 
 r 1 
 
 therefore fault unto the Parliament in fisch Cafes for want of 
 Vlnifornnity, and Immutability of Councils, is fomewhat like 
 the Notion that Batchellors conceit of Wives, they would 
 have, but they do not know what other, than m iJea of their 
 own Fancy, 
 
 Now if it be enquired which courfe prevailed,in ordcr'eithcr 
 to the King's Royalty, or the peoples Liberty , I fliall anfwcr 
 neither of thefe-, butthe Houfe of Tork^ prevailed fo hold the 
 Crown, and might have advanced the Authority thereof had 
 they not fall'n out amongrt themfelves for the (poll ^ and Ed- 
 n^jri the Fourth was not altogether difpofed thereto: The 
 fuccefs that he had in the Field, and his Soldiery , made him 
 look big like a King of the greater fize •, but Kings fleep not 
 fecurely upon fuch pillows i when the Militia is on Horfe- back, 
 it is as ready to be a Guard upon the King, as for hirn,and when 
 it is moft fober, not fo ealily governed as a Common- Wealth. 
 And therefore E^«7^r^ the Fourth, now in Arms, though he 
 found it a harx! Notion to maintain the peoples Liberty, where 
 no Man is free trom the Soldier, yet he enclined thereto ; we 
 read of a multitude of taxations of all forts, and of benevoler^- 
 ces, the worft of all thofe forts ; for Soldiers muft have money, 
 or if not, they will have it, but the King would not force 
 things fo far as his power could reach, he will have money, but 
 it fliall be by Order of the Parliament. He might have pre* j t e: 4. n 3. 
 
 tended much upon the Comm.illion of Array, yet did it not,biit 
 chofe rather to be Lord of the Seas : and becaufe it was too 
 great a Farm for his private purfe, he prays aid of the Parlia- 
 ment by the way of Tunnage and Poundage, which was in de- 7? 
 mand nine years, before the Parliament granted it i and when ^^'^'^•''^'' 
 it was granted, it was with fuch reftridions, that it is evident 
 the King preferred the right of the Parliament therein, above 
 his private Honour. 
 
 Secondly, Titles of Honour are but windy Notions , and 
 wery one knows what claim is made by Kings, to have the 
 fole intereft in conferring the fame i this Ednfard the Fourth 17-S 4.;r,i©; 
 negleded fo far, as he interefted the Parliament, both i^- 
 
 in 
 
190 ThegoTstrn- \ Edw. 4. Edw.5. ^ Kings of 
 
 mint of I Rich. 3. \ England. 
 
 in the conferring of them , and lefuming the fame. 
 
 Thirdly, The courfe of Trade was now more efpecially 
 looked to, not by the King and Privy Council, but by the Par- 
 liament*, and bwcaufe it was much decayed, partly by reafon of 
 the ill Government thereof,^nd partly by the exceffive lavifh- 
 nefs of thefe times, many Laws are made for remedy of both. 
 And fivd, the Staple was fettled fometimes at Calln alone,fome- 
 5 L, 4. cn^. . jij^^g ^^ jf^ jj^j Middleborough , and by this means England 
 i± £^4. f. 3, J- gained Trade from both Nations* but the principal thanks is 
 to be given to the intereft between the King and the Houfe of 
 Burgundy. Then courfe is taken for the bringing of the Staple 
 5 E. 4. c. I. Commodities only to thofe places, and the return to be m^ade 
 in Money, and not commodity by exchange. Then for the 
 
 I R.^.c.ii. ^^]j rnaking of Staple Manufadures, andrellrainingImporta- 
 4'^•+•'^•''^'^' tion of Foraign Manufaduresof fuch kinds. Then againft 
 ^"^ '■^■'^^' tranfporting of Englitli Coyn , and Importing of Foraign 
 
 Coyn, other th^ Bullion. 
 
 And as touching the fecond grievance, it feems,gallantry or 
 
 vanity of Apparel, was a fore difeafe of thefe times , which 
 
 were become times of Faihions,and wherein the King led the 
 
 way by his own example •-, for lie defircd to be brave, and that 
 
 , he might be more brave, he palted Laws that the people fliould 
 
 5 I.4.C.5'. be lefs brave, alTeffing a fort of Apparel for every degree, and 
 
 II £.4. c I. therein looped fo low, as to define the fafliions of their very 
 
 17 E. 4.C. I. n 
 
 ' ^ Ihoes. 
 
 Fourthly, the Parliament retained their ancient right of re- 
 ducing the courfe of Judicature '■> for whereas Sheriffs had hi- 
 therto holdcn their courfe of Trial of the meaner fort of Fe- 
 lonies, and TrefpafleSjand OHences, determinable only by Tm- 
 prifonment, or Fines and Amerciaments i whereby Mens E- 
 lUtes did lie under the continual pillage of thefe covetous and 
 extorting Officers ; It was eftabliLhed by the Parliament , that 
 I E. 4 c. 1. thefe Men ihould have for the future, only power of enquiry, 
 and to certitic at the next Seffions, and there the Trial to be, 
 and Fines and Amerciameets to be fet, Taxed, and Eftrcatcd, 
 unto the Exchequer, and from thence to be levied, and thereof 
 the Sheriff to give account j this was a great fecurity to the 
 
 peoples 
 
fftentof^ Rich. 3. ^England, 
 
 a ■■ ■ ■ ■ I ■ I I II ^ 
 
 peoples cftates, but gave them not a full remedy : for though 
 the Trial was now more fair, yet thefe Officers were Judges of 
 fufpicion,and had ftill power upon fufpicioti to imprifon their 
 perfons, and feiic their Ertates, under colour to fave them for 
 the King, in cafe Convidion followed. 
 
 For remedy hereof, the juftices of the Peace have now j 5^. j, p, j. 
 power given them to Bail, in Cafes of light fufpicion , and it 
 is further declared, that no Man's Eftate fhall be^rft fcized,tili 
 Convid-ion and Attainder rirft be had. And becaufe Efchea* 
 tors grew nolefsburthenfome in their way > it was therefore 
 Ordered, that no Man fhall be allowed in fuch Office, unkfs he 
 hath Lands to the value of twenty pounds per an^ium^^nd that 
 he (liall be refponfable for fuch wrong done by himfelf, or by nE.j^.C), 
 his Deputy and Farmer. 
 
 Thus Edward the Fourth quitted himfelf like a King in ma- 
 ny regards, but foon ran himlelf out of breath, gave his Lamp 
 tohis5'on, that was too weak to hold it » a Third fnatches it 
 away, and for two years carrying it exceeding well , yielded 
 up all encroached Pvoyahy to the people, and his Crown and ^ 'i-(->-* 
 Life to his Succeffor. 
 
 CHAP. XXV. 
 
 The Condition of the Ckrgy, 
 
 IF any gains were had in thefe uncertain times, the Church- 
 men might feem to have them, having now this advantage, 
 that the Commonalty was diftradled with uncertain Intercfts of 
 the Succeilion of the Crown; And themfelves only united 
 under the Popedom, now freed from all Schifm : and ihe 
 Popedom managed by Sixtns the Fourth, who had the hap to 
 be accounted more virtuous than any of his Predcceffors had 
 been, and to have all the Chriftian Princes wholly at his Dc- Nauckri 
 votion, 
 
 And. 
 
1^2 The G over/t' (Edw,^. Edw.5.7 K/w-^/ cf 
 
 nt^nt of I Rich. 5. jEKglattd, 
 
 And lafllvjBoth the Clergy, and the Kings were now jointly 
 engaged againli the riling power ot' Religion, then called Here- 
 fie, in Older whereunto, the Clergy leading the way , had the 
 applaufe of them that followed upon an implicite Faith, that 
 vvhatfoever was done, was exceeding well done. 
 
 Nor was it wifdom for Kings that fate loofe in their Thrones 
 to ftamble the good Opinions of fo confiderable a party to- 
 wards them. And therefore Edivard the Fourth , in his iirft 
 entrance, grantM to the Clergy, that which could never be 
 by them obtained from any of the foregoing Kings, Viz. Free 
 lAni'tcj. Brit, liberty of Proce/s in all Cafes Ecclefiajiical , and in lythes of 
 j.c^. Jf^ood above twenty years grovpth i and in Cafe they tvere troubled 
 
 upon the Statutes of Frovifors^ they (l-jould have their remedy in 
 the Chancery^ againli thofe Judges^ and their proceedings in fuch 
 Cafes there to be Cancelled. This was done by Charter , and 
 c,H.6.fol.s6. was fufficient to (hew what thedefireof the Clergy, and the 
 2'crP^fon. intentionof the King was, Fiz. At once to favour the Churchy 
 and under colour of favour done to the Clergy^ to cancel both 
 Common anfl Statute-Laws of the Kingdom , by the power of 
 the Chancef.or^s Decree i neverthelefs^ all this was but the Kin^s 
 breathy the policy changed never a whit the more. For the com- 
 mon Law held on its courfe, not only in Cafes depending be- 
 fore the Holy Chair, but alfo even before the Bidiop of the 
 r, y Diocefsathome> foas neither the King was concluded from 
 ^ E^ i'o'l '■'' ^'^ ^"^^' ^^^ ^^^^ party endamaged from his Adion by any fuch 
 7 n'. 4. ful I'. Charter. And fo far was the Judges of the Common Law 
 Fer Littleton.^ from being bound by the Chancery in fuch Cafes , that they 
 profefled they would not delay to grant the Habeas Corpus^ to 
 2i E.^foh^j deliver any Prifoner by Decree of the Chancel lour, in any Cafe 
 Triable at the Common Law ; Much lefs did the Parliament 
 favour thefe Men fo far, as to give them any countenance in 
 any way of gain upon themfelves, but rather made bold with 
 what the Church- men in former times challenged as their own; 
 and upon this Account, whereas formerly it had inhibited Fairs 
 and Markets upon the Lord's Day j Now it inhibited the fale 
 of BoofSjShooeSj^c. upon that day, though done never fo 
 • privately, which they did at the firft, only within the City of 
 
 London 
 
TheGovern- 5Edw.4.Edw.5. ? Kir^/ <?/ 199 
 
 went of 2. Rich. 5. S Ef7gland. 
 
 London, and three miles thereof. I fuppofe it was made only 
 by way of Trial, it being dangerous in luch times to give a (iop 
 to all Efti^hnd at once, otherwife it might be wondred , wJiy 
 God's Honour Chould be better regarded in LorJon^ than all the 
 Realm bclidcs : Of this encroachment we tind no complaint 
 made by the Church- mens another touched them to the quick, 
 although it befel only the Arch- Bifhoprick of Tork^. Hitiietto 
 that^hcld ordinary Juril'didion over all the Bifliops of Scot- 
 land^ as being their Provincial. Now it is difclaimed by thtin 
 all, and they are backed therein by their King, under pretence 
 of great inconvenience to his Binu)ps in their fo far travels \ 
 but in truth, not unlike to yfrti^(?j;«, fliou^h he pretended it 
 was too much for them, yet he thought it unfaie for himfelf, 
 that his Bifhops fhould owe Canonical obedience to the Subject 
 of another Prince, and upon this ground prevailed with Pope. 
 SixtHSiVit Fourth, to make the Divorce , and left it to iutuie. 
 Ages, to try the validity thereof, if they would. 
 
 This is all that Ifliall obfcrvcof the Government of thefe. 
 three Kings, whofe Pvcigns in the whole, exceeded not twenty: 
 itx years, and their compleat power, therein, not.much above, 
 half fo maiiyw 
 
 E e CHAP. 
 
194 
 
 CHAP. XX VI. 
 
 A Jhort fnm of the Reigns of Henry the Seventh^ An^ 
 Henry the Eighth, 
 
 THecourfeof Englifli policy hitherto wandrirg in the 
 different Currents, fpringing from the double head of 
 Monarchy, and Democracy, and in them likewjfe of- 
 ten toffed up and down, partly by the blafts of windy Titles 
 and Pretentions, and partly by the raging Tides from the Ro- 
 man Sea, now begin to come to Anchof within view of Shore. 
 Happy England^ if the fame prove good Harboufage for a faint- 
 ing Nation. Two Kings now undertake the Steerage-, the 
 vpork of the firft was to ftill the Winds, the other the Seas, and 
 fo to bring the Adventure fafe home. Henry the Seventh, 
 hapned upon a good preparative for this work, in that he deli- 
 vered the Kingdom from a Tyrant, whofe irregular and bloody- 
 way was fo odious to the people, that it fet a foil upon his Suc- 
 ceffor's Government, and made his Wifdom, Valour, and Ju- 
 ftice appear greater than poflibly it was. His Valour made 
 way for the other two, he had enough thereof to ferve a wife 
 Man in cafe of extremity •, at other times he made more ufe 
 of his Majefty than Manhood i being confident that the people 
 knew not where to mend rhemfelves, but would be at his De- 
 votion, fo long as he was better than his Predeceffor, though he 
 cared not how little. His "Wifdom was his greateft part , of 
 which, upon all occafions he made the greateft improvement he 
 could, without reflcding upon Confcience. or Relijijon, where- 
 of iic had tafted no more than would render him a civil Man, 
 whercunto his Education did lead the way : thus, though his 
 Valour brought him to the Crown, yet it was his Wifdom that 
 
 fettled . 
 
The govern- J Hen. 7. ? Kingf of 195 
 
 mentcf L Hen. 8» > England. 
 
 fettled him in the Throne. For though he loved himfelf fo 
 well, that he was loth to pretend allowance of any accefs of 
 Foraign help to his own atchievement in his Title, or that he 
 was guilty in the Itaft manner in his Entry upon the Throne \ 
 yet to keep danger far off, he provided one guard for his pcr- 
 fon, and many for his Title. 
 
 That of his Perfon he only pretended as a ceremony of • 
 
 State brought from the French Court, and yet it's Ihange that 
 it went fo well down with a Free people : For that Prince that 
 will keep guards about his perfon in the midft of his own 
 people, may as well double them into the pitch of an Army 
 whenfocver he pleafes to be fearful \ and fo turn the Royal 
 power of Law into force of Arms : but it was the French 
 Fa(hion, and the King's good hope to have all taken in the be ft 
 fenfc. 
 
 His Title Cfettingafidethe fayingofP/:?/"///? the Hardy, That 
 Kingdoms only belong to them that can get them ) would 7^^^-"' ''^» +• 
 hardly endure the touch, till Pope Inmcent by his Bull, con- ^■'^- 3-- 
 firmed the Crown to him to hold by a fix-fold right, Viz. Of 
 Inheritance^ of TFar^ of Efpottfah^ of Eledion^ of gift by Parlia- 
 ment^ and laftly , of Fontifical BenediCuon \ whicn the King 
 liked marvellous well, and the rather becaufe his Title by 
 Marriage was bujicd up in the middle, and fo made the lefs 
 noifc. For though it was his beft guard, yet he liked not that 
 it (hould be fo reputed, lelft his Title (hould feem rather con- 
 ferred upon him, than gained by him, and fo (hould hold by a 
 Woman, oratthebeft by the courtefic of England^ if the 
 peoples favour Thould fo far extend the Law in that point , by 
 both which he holds the honour of a complete KiftgdiminiJJjed: 
 His Title by Inheritance is much difputable, if the right Heirs 
 of J'hnoi G^.7«/ be enquired attcr ; and much more that of 
 War, for altliough that brought the Polfclfion , yet no right 
 or Title, but by wrong \ which may indeed be plailhed over 
 by Elecflion, or Adt ot Parliament, but then he mull: be Te- 
 nant to the people. As touching the Pontifical Benediction, 
 himfelf took that but as a redundancy, that might fway with 
 the Clergy, and do his Title no hurt. Ncvertbelefs, what fe- 
 
 Ee 2 verally 
 
1^6 Thegi?vern''S Hetu 7. 1 K^^gf of 
 
 ment of L Hen. 8. 3 England* 
 
 verally they cannot'do, by joynt concurrence he accounts fo 
 fully dune as if he were a King againft all the World, and 
 iDore, yet is he not furc enough, but as one jealous is more ten- 
 
 rPovUts Brit, der, fo'is'his eye ever upon his Title i there is his guard, and 
 regard, as if it were the outworks of his Crown, which once 
 loit, the Crown cannot hold out long. In this work he mind- 
 ed fo much his greatnefs, that he lol-t the repute of his good- 
 nefs, then cafting his eye upon the Government and finding it 
 of a mixt tcn.per, wherein if Pvoyalty prevails pot, populari- 
 ty will •, like a good Soldier whillt his llrcngth is full,he fallies 
 upon the peoples liberties, in regard of their perfons with fuch 
 cunning conveyance, as he taught the people to dance more 
 often and better to the tune of Prerogative and Allegiance, 
 than all his Prcdeccflbrs had done i nor did the people perceive 
 it till they were ever their ihooes, and then they clearly faw 
 their condition, and that it was in vain for them to wrangle 
 with their own ads, of which more particularly in the next 
 Chapter. The Legiance of perfons of the people once gained, 
 their Eftates more eafily follow, and therefore though in the 
 former he wrought by Ambufcado^ in this he may be more 
 brave, and c-liarge them in the Van i yet this he did alfo by de- 
 grees, lirft by lij^ht SkirmiOies of borrowing fmaller fums of 
 Money ( poll>bly when he had no need) and paying them again, 
 thereby to gain credit for greater fums, of which he intended 
 .not fo fudden return. Then he charges them home with Be- 
 ttevolences (a trick gained in right of his Wife from her Father) 
 for he hoped that iheperfon of 'Richjrd the Third was now 
 become fo abominable as his Laws would be tl^ lefs regarded. 
 But in this courfc he gained nothing but Wind \ then (asEa'- 
 rvardi\\Q: Fourth j he falls upon Malevolences of penal Latps ^ 
 things made, /■« ^^rr(9rf w, to fcare Men to obedience, rather 
 than to compel them j but are now executed, Ad angorem^ and 
 the people find that he is but a word and a blow with them, 
 and thus fcrving his Prerogative with power, and his purfe 
 
 ^ovius Ertt. ^j^i^ j^jg preyogativc, he made all ferve his own turn, JlHmani' 
 
 J ^' tatetn omnem vincente pericttlo. 
 
 In 
 
r • 
 
 The govern' j. Hen. 7. ? K?>g/ <?/ 197 
 
 f^entof I Hen. §. 3 England, 
 
 In the Field he always put his Wifdom in the Van , for as 
 he was parcimonious in expencesof Money, fo much rather 
 of Blood, if hccould prevail by Witi Generally he was the 
 firft in Arms, to make Men believe he was more ready to fight 
 than they : Thus he many times gained the advantage of his 
 adverfarics, and fometimes came off without blows. In the 
 Battel he did put on courage as he did his Armour, and would 
 dare to adventure juft as far as a General (hould , as if he had 
 ever regard of his Crown, rather than of the honour of a 
 forward Soldier, which neverihelefs was alfo fo dear to him as 
 he is feldom found in the Rere, although his judgement com- 
 manded in cheif rather than his courage. In the Throne he is 
 much more wife, becaufe he was willing it ihould be known. 
 In doing juftice he is feldom fufpeded, unlefs where himfelf 
 is party, and yet then he is alfo fo fliamefaced, as he would ever 
 either ftalk behind fome Law that had a femblance to his ends, 
 or when he meant to ftep out of the way, he would put his 
 Minifters before •, not fo much that his finenefs might be 
 known, but his Royalty. For the Lyon hunts not its own prey, 
 nor is it regal for a King to be fecn in catching of Money, 
 though he be underltood i befides it was needlefs,he had Lords, 
 Bifhops, Judges, and other inihuments of malevolent afpeds, 
 as fo many furies, outwardly refembling Men for the Common- 
 Wealth, but working for the common mifchief i like fome pl- 
 d:ures one way looking right, and another looking wrongi and 
 thus the King comes lawfully by what hecatched, though his 
 inikuments did not, and mult be dill holden for a good King, 
 though it be his hard hap to have ill fervants. Take him now 
 amongft the people he is alike to all, yea in fome things that 
 might feem to brufh upon the King's own trains for he had 
 forae of his fuit that were not altogether of his 'mind , and 
 thefe he would fpare to the courfe of jufticeif need were > as 
 it befel in the cafe of the Duke of Suffolk^^ whom he fuffered 
 to be trycd at the King's Bench bar, for a Murther done upon 
 a mean perfon, and by fuch means obtained the repute of a 
 Zealous Jufticiar, as if Juftice had been liis principal vcrtue. 
 AH this fuited well with his main end i foi he that will milk 
 
 his 
 
198 The govern-, J Hen. 7*\X ^'^^ ^f^ 
 
 his Cattel mult feed thern well i acd it encourages Men. to 
 gather and lay up, when they have Law to hold by what thcV 
 have. ' 
 
 His Religion, I touch upon in the laft place, as raoft prbper 
 
 to his temper, for it was the lart in his thought, though; mSnv^ 
 times the hrli in the adting-, but where it ftood in his way hi 
 turned It behind him, he made Church men his in/huments 
 that the matter might better rcliOi, for who will cxpcd oueht 
 favew^llfromMenof fveligion, and thcn.if the worftcome,he 
 was.but misled by fuch, as in common rcafon ought to be truft- 
 ed. And it is hisunhappincfs to mecr with Clergy^men to 
 ierve a turn, and a Pope to give his Benedidion to all. Nor 
 was this Grath, for there were as many mutual engagements 
 between the Clergy and him, as any of his PredecelTors of the 
 Houfc o(; LMcajh,^ besides. Laftly,i{ may well be fuppofed 
 how ever Ayi(e this King feemed to be, that many faw through 
 ham, vvhich procured him a troublefome Reign ^ though many 
 tmiesoccailocedbyhisowninterpofhig in Foraign Interefts 
 wherein he fiifTcred more from others, than they from him' 
 Amongftihe reft the Dutcheisof BV^aWji (though a Woman 
 Hie were) mated him with Phantomes and Apparitions ofdead 
 bodies of the Houfe. of 2>^., the fcare whereof put the Rin^ 
 and all his people in allarm, and iirikingat idle (hadows Hew 
 one anotlier. All which, together with the appearances of 
 Collecflions, Taxes, and other accoutrements, to f«rni(h fuch 
 employments, wereenoiigH.to difturb that cafe and re|>, that 
 the King aimed to enjoy, rtiake him burthenfome to his people 
 and both himfelf and them weary of each/other ; and io hi 
 went down to the grave with but a dry funeral, leaving no 
 better te/limony behind him, than that he was a cunning man 
 rather than a wife Engliai King : and though he «lied rich, yet 
 IS he hnoegrownintoddbttotliePen men of his ft'oty ^ that 
 by their owp excellency haverendred him abetter Khz than 
 he was. 
 
 Hemy 
 
rht Govcrn^l C Hen.. 7. ? Kings cf 199 
 
 went of ^' 2- Hfrt.l 8. J $ Bngltwd, 
 
 HEwj' the Eight was a conception, in whorp the two H^wj &» 
 Bloods of Tflrj^ and L^wc^^fr did meet, both pf ^hcm 
 unconquered, both of them predominant i and therefore no 
 wonder if he was a Man beyond the Ordinary proportion of 
 other Men in (tature of body, and in quaUties of mind not dif- 
 proportionable. It's regularly true, that great bodies move 
 flowly, but it holds not where much fpirit is, and it was the 
 condition of this Prince 10 have a Spirit of thelargcft fizethat 
 adcdhiminfo niotion with no Icfsfpced tlian mighty power. 
 This himfelf underftood right well , and theiefore miglu be- 
 haughty upon a double Title boih of purchafc and Inheritancc-i 
 nor did he fail of cxptdation herein, for he could not endure 
 that Man that would own his right in competition with the 
 King's aims, and therefore would have his Kingdom be like 
 his doublet to keep him warm, and yet fit loofe about him, 
 that he might have elbow room > fuitable hereunto were his 
 undertakings, invited thereunto by the inordinate motions, or 
 rather commotions of his neighbouring Princess for it jwas 
 now full Sea in all Countries , and though England was ihfe- 
 riourto fome of them, yet the King held it dilhonourable for 
 him not to adventure as far as the bravelt of them, and in the 
 end outwent them all: what he wanted in number , he fup- 
 plyed in courages wherein he fo exceeded, that he avoided 
 dangers, rather out of judgement than fear. His thoughts, 
 rcfolutions, ende,avourSj> and adljons, were all the birth of oc- 
 cafion, and of each others as if he had obtained a generalpars 
 from providence, with warranty againft all Counter-guards 
 whatfoever. 
 
 His VVifdomfcrved him to cfpy prcfent. opportunities , ra- 
 ther than to foreCve theiTi, and therefore was not fo crafty as 
 his Father in preventing occafions, yet more dexterous in- gi- 
 ving them the rout. For he could manage his hand ;?nd foot 
 better than his Father, ftrike down- right blows, and rather 
 than he would fail of his ends would make one, as many times^ 
 he did.. 
 
 Another. 
 it 
 
200 The Govern^ ^ Hen. 7. ? Kiftgj of 
 
 ment of ^ Heo. 8. . S EngUtjd* 
 
 _^ — III t i i 
 
 Another advantage he had of his Father, for confidering 
 the times , he was a fcarned King , whiah made his Adions 
 carry more Majefty, and like a well feathered Arrow from a 
 ftrong hand, drive through the wind ftedily tothemarlr, 
 when as his Father like a weak Archer muit raife his com- 
 pafs , and crave aid of the wind to help him to be right irr 
 the end. 
 
 • It's affirmed by fome, that Uenry the Eight was courteous, 
 and debonair, if fo, he muft thank his Education \ but it may^ 
 be ratherfuppofed, that upon occafion he ufed the Art of In-. 
 finuation, which he might learn both from the Father- fide,and 
 Mother-fide 5 but he neither pradifed it much, nor did he re- 
 ly upon that skill, for his refolution led him to cut the knot 
 that he could not untie. His Learning led him moft to Divi- 
 nity, and therein (hewed" him light enough to fee much into the 
 Myftery of iniquity, which he did explain to the World parting 
 well i but as touching Devotion, he left that to the care of the 
 ehurch-men. 
 
 He was very well accommodated with Money \ Firft, front 
 the full Coffers left by his Father , much whereof he fpent in 
 paftimes and gallantry , as he was fleir to Edxvard the 
 Fourthi and much alfo in his Devotion to the Pope, as he was 
 Heir to Henry the Seventh, in lieu of all which , he was re- 
 warded with a Title, I>f/^««^^ro/ f/'f faith t and fo much ill 
 gotten, was much ill fpent. But a better fupply he had when 
 Kome and he parted afunder, and the Current of the Riches of 
 the Clergy was rtopped from running at wafte, and returned' 
 into the King's own Treafury, and fo might have died the rich- 
 eft Prince in the World, but that he wanted the main Claufe 
 in the Conveyance , To have and to hold. The Wifdom of 
 God'fo ordered it, for thefe felicities were too great and many 
 for any moderate fpirit to bear gently, much more for the 
 King's Spirit, that was ever on the Pinacle, and grown to that 
 height, that like an embofted Stag, none muft cope with him, 
 hemuft run and out-run all V none muft crofs him under ex- 
 tream peril, no good is to be done but by following afar CfFi 
 isox is it a full wonder if in this his heat, he knows neither 
 
 faith- 
 
The Govern- C Hen. 7. ? Kings of aoi 
 
 mentof ^ Hen. 8. J England, 
 
 faithful Servant, Counfellor, nor Wife, but rtrikes at all that 
 ft jnds in his way. Nevcrthelcfs, in his cool temper, and when 
 he was entangled with fome perplexed occafion, he could tife 
 the advantage of good Counlel, and the wits of others that 
 were more crafty than hinnfdf, wherein it was his good hap 
 to have fome ever nigh him that were for his turn , and unto 
 them committed much, that himfelf might be at eafe to hejir 
 good news of fuccefsful difpatchcs. 
 
 In his youth he was ferved by the wife Counfellors trained 
 up by his Father, and he then willing enough for his pleafure, 
 was contented by their advice to ferve his people for a time, 
 that they might be his Servants for ever. The two great Con- 
 duit Pipes of this Treafury, which he had from his Father, he 
 cutoff at his peoples requelt, as if he loved his people above 
 all his riches i and after that, he laid afide his pleafures, and 
 youthful company to apply himfelf more clofely to the affairs 
 of his Kingdom, as if he loved that above all pleafure ; which 
 nevertheiefs iluck to him fo long as he lived, and fwayed too 
 much in the greatcft Affairs of his Government. 
 
 Thus the firft heat of his courfe was run well \ fo long as 
 the Privy Council continued moderately poifed : But no foon- 
 er began one of them to put up beyond his place, and to bid a- 
 dieuto the advice of all the relt i but he gets the uppermoft 
 feat in the King's Head, makes a foot- ftool of the King's Heart, 
 and then it's two to one that the people in fuch calcs muft bear 
 the greater burthen > for who ever Hrrt faid it, he faid molt true, 
 l.hat Prerogative in the hand of a Ktngr^^ is a Scepter of Gold , but 
 in the hand of a Subjedjtif a rod of Iron, The reign of this 
 King Henry tht Eighth, ferves us with much experience of this 
 kind, for if the conlideration ot the Affairs of this Govern- 
 ment (hould be divided, the fame would be double: the one 
 under the Regiment of Cardinal ^^oolfy^ the other of the King, 
 by Cromwell, Craumer^ Gardner, and others interchangeably. I 
 call that of Woolfy a Regiment, for he was in nature or con- 
 dition of a .fro-^fx , during the King's Juvenility. This 
 
 ■ Ff Tern- 
 
202 'I he goverrr- J Heu. 7. > iC/>»fg/ ^/ 
 
 1 Hen. S. 1 EftgUnd. 
 
 nttnt of 
 
 TcmfXirizcr ihus fuper- induced upon a Cardinal raized frorfi 
 Ihtan lil.i. mc^n Decree to \x: Lfi^ate a Latere^ courted by Foraign Prin* 
 ces, flattered by the E«ip€TOu* withThksof Sonatid Coulift, 
 made him kad a dance , that the King Ciiowevcr AQive he 
 wasj is pirt to his Carcte to hold him company •, which the 
 . King perceiving , tripped up lus heels . a*id Icit the Arch* 
 Billiop, the Chanceliour , the Cardinal , the Legate, and 
 iT^any inore wi'h him, lyingonthe groand ; No Pride like to 
 that of the Clergy , ivhofe parts are more fuhllme , and appre- 
 heHJions cle.^r : U G^ >d addcth nor afupcriour work to ruh 
 over all , A little Honeur rvil! bloP.' up all rvith a potvder. The 
 King having thus triatc.ed the Cardinal, forgot his former 
 natural pace 5 and once in a heat , could cool no more, till 
 Death cooled him. He knew by experience, that the Cat- 
 dinal could over-awe the people, why (hould not the King 
 do as much , if the Lords ftoopcd to the Cardinal, why not 
 itnach rather to the King? The Cardinal pulled down^ 
 reared up , turned fquare to round, why fliould he be lefs than 
 his Subjeds ? Such conceits as thei'e foon wound lip the 
 King's mind to that height, that it's death ro him to (loop one 
 inch lower to more moderate advice , though he loved their 
 perfons never fo well i but all muft be content with the weight 
 of his Arm, though it weveno fmall onev and yet in point 
 of Pveljgion, Affairs tended to a kind of Reformation all this 
 while. 
 
 CHAP. XXVII. 
 
 of the State of the. Crown, 
 
 T Hat the Crown oi "England now abounded more fn 
 Flowers than CrolTes, the Face of Story doth hold 
 forth to ordinary Obiervationi and yet few arc fa- 
 tist^d^ either in «iK true. nature oi thepatticuUr advantages,or 
 
 ia 
 
rhe Govern- C Hen. 7. ^ Kings of 305 
 
 went of I Hen. 8. § England^. 
 
 in the manner how they were obtained, or in the continuance. 
 I mult therefore make a little flop upon them,becaure in the 
 true difcerning of them the difcovery of the nature of the Go- 
 vernment in latter days doth much depend. Hitherto the 
 Crown came fhort of abfolute power over the people, upon 
 two grounds in obfeivation > one relating to the Clergy , the 
 other to the Laity. 
 
 The Church-men were herefoforc under a Foraign power, 
 and a Foraign Law,againft which, KirgsdurlV not deeply en- 
 gage : either rot being affured of their own Title , or em- 
 ployed in purfuit cf other game, or being of a weak Spirit, 
 were feared with the Thunder- bolt of the Pope's Curfe: But 
 the Laity were under another Law, and fuch an one, as by clear 
 and unquei\ionable Cuftom, had elhbli(hcd bounds , between 
 the way of Kings, and the rights of the people : Neither did 
 Kings diredly invade thofe Borders, either kd thereto by a kind 
 of Confcicnce in fuch of them as were Morally enclined, or in 
 others by a kind of fear of railing up Earth-quakes from be- 
 neath, which commonly doth overthrow high Towers fooner 
 than Winds from above. But now fuch intcrclh are laid afide 
 faltaflte|>, by two Kings : whereof one cared not much for 
 fear, and neither of them for Confcierce : For H<?«rj> the Se- 
 venth., having leifure to Hudy the Nature, and confcmplatc the 
 FafhioH of the Englifh Crown, diflikes the Model in feme par- 
 ticulars ; It was not rich enough , nor well poifed to his 
 mind, whichever was not to be poor, but towards his latter 
 time to be exceeding rich i as fuppollng riiat to be the only 
 way to be more dcfirable to Friends , forn.idable to Enemies 
 and abfolute over his people. And this opinion of his miffed 
 in the main end^, though it attained his immediate defire ; for 
 by milkking the right way, it made a rich King , but not 
 arich Crown i he delighted more in tiie riches of his people, 
 than in a rich people : and this bred no good blood, becaufe 
 the people thought that the Lawwasnot on his fide in that 
 matter. They f'uffercd him to vidt their purfes , but are loth 
 it (hould prove Cullomary, legft they Ihould lofe their 
 
 F f 2 com* 
 
204 The govern- J Hen. 7. ^ ^ings of 
 
 mcfit of c Hen. 8. 3 England* 
 
 eommon right, they therefore chofe rather to give him power 
 by Ad of Parliament, to rcvfke Letters Patents, and Grants, 
 and make refumptions of Offices, Fees, Annuities, and the like, 
 that he might rather repofllfshis own , than poiTefs theirs « 
 many penal Laws likewife of a limited and Temporary regard 
 are made » and as Cheefe after a full dinner, they clofe up »ll 
 with Subfidies i Forit was evident to all Men, that the Royal 
 mind of the Kingferved no further than to take what was gi- 
 ven » provided that the people would give what elfe would 
 be taken. By this means Henry the Seventh left rich Coffers to 
 defcend to Henry the Eighth, but the Crown was ftill the fame 
 in price* 
 
 In this Ad of the Play, the people carry away the plaudite x 
 The fecond Ad was the point of Allegiance, wherein both 
 parts carry themfelves fo cunningly, as it's hard to adjudge the 
 Garland, yet it may be thought, the King obferved it rather, 
 becaufe he offered all the play, whilft the people did only lie 
 at their clofe guard. The whole projed conllffed in this , to 
 gain a more abfolute Allegiance from the Englifh to their 
 King : and becaufe this is exemplitied partly in War, and part- 
 ly in peace, that part which concerneth War, will more proper- 
 ly fall under the confideration of the Militia.: and therefore I 
 (hall refer the fame to that head in the 3.2. Chapter enfuing^ 
 and will come to the fecond confideration of Allegiance , in 
 relation to Peace, and therein touch upon the Kings power in- 
 making of Laws, and of Judicature according to thofe Laws. 
 As touching the making of Laws, the ingenuity of Henry the 
 Seventh, could not fuffer him to make any claim thereto in any 
 poiitive way, yet his Adions declare that his heart was that 
 way:For being befet with troubles, he could often fancy dan- 
 gers, and Arm himfelf i then call a Parliament, who were wife 
 CBOugli to grant as readily as he asked, rather than to be com- 
 pelled thereto: fo he had Laws made according to his own 
 will, though he made them not*. 
 
 Theraatierof Judicaturecomcs next, and therein he made 
 
 his, 
 
The govern- l Hen. 7. ? Ki^gr of 205 
 
 mentof \ Hen. 8. > England, 
 
 his Judges appear, and not himfelf, though they did not only 
 reprefent his pcrron,but his mind;, fo things were done ac- 
 cording to his mind, though he did them not; And thus his 
 Excellency feemed more eminent in finding and making in- 
 firuments fitting to do his work, than in doing his own work. 
 Neverthelefs, all this was but from hand to mouth > no fun- 
 damental Law is altered all this while •, if the Laws were made 
 by Parliament, the King made them not ; if the Judges turned 
 the Law to the King's ear, the Law was Aill the Crown, though 
 the King wore it. But Hemy the Eighth was no fuch Man, 
 he had not this skill of undermining, nni delired it, he was 
 tender of the leaft diminution of his Honour, induftrious in 
 finding out the occafion,and a mort rdfolved Man to remove 
 it out of the way, though it reached as high as the Tripplc 
 Crown i a Man underneath many pallions but above fear.*" 
 what need he care for pretences, his Father loved Riches, he 
 power , when he came to traverfc his ground, he found quick- 
 ly where the Church-men trefpalfed upon him, and began with 
 them, reftingupon the wifdom of his Father, and the Infalli- 
 bility of I he Pope. Hfwry the Eighth had taken to Wife Ka- 
 therine\\\% Brothers Dowager, and continued' in that condition 
 eighteen years without wrinkle of Fame, till the great fuccefs 
 of Chartet the Fifth, the Queens Brother, againft the Pope and 
 French, feared the King intoa jealoufie of his greatnefs , and' 
 the Emperour's failing. in courtelle to Cardinal JVoolfy ^ the 
 King's Achates, ftirred the Cardinals Spirit to revenge, for the; 
 lofs of his hopes in the Popedom. For the Cardinal find- 
 ing the King's mind to linger after another Bedfellow, by 
 whom lie might have a Son , he made the French Ambaffa- 
 dour his Inftrumentto mind the King of his unlawtul mar- 
 riage with the Qu^een, and to mention unto h\m Margaret 
 J)'' Allanfon3i Vi'incds oi Frattcf^ both in Blood and Beauty. Tl^^n. Z/^. i;. 
 The Kingliked the Notion of Divorce, butdilliked the mo* 
 tion concerning the French Lady , himfelf being prepofTefled 
 witha fairObjed:at Hom.e, the Lady Anne Bulleu^ then zx- J'jv.hijl. fgli 
 tending upon the Queen > and thus being moved, entred 51. 
 into a fciutiny coRcerning the condition of his jnariiage, 
 
 wheie^ 
 
Tox 
 
 :?o6 The Govern- C Hen. 7. 7 Kwgs of 
 
 ment af \ Hen. 8. J England. 
 
 wherein he had been formerly touched, both by the French ?ind 
 Spaniards thenifelves upon feveral motions made. 
 
 ■Firft, Between Charles t4\e Fifth, and afterwards between 
 s7^yl:n Jih.r,. ^^^^ Dattphiue znd the Lady Mary ^ afterwards Queen \ Here- 
 at the Cardinal winked all the while, till the infallibility of tlie 
 Cliair of Rome came upon the Stage i thcnbelHrring his wits 
 he lodged tlie Cafe upon Appeal thither, as he hoped beyond 
 all further Appeal, and fo held the King there faft, till himfelf 
 might accomplilh hisownends. But the wheel once let a 
 running would notftay > the King efpyes the Cardinal in his 
 way, and bears him down, then hnding the tallacy of the m-' 
 fallible Chair, he hearkens after other Dodors, tollows their' 
 lights and being loth to'hear what he expected from Kome^ 
 he (topped the way to all Importation oi fuch' Mercliandize, 
 as might be any ways prejudicial to the; Prerogative -R-oyal, 
 with the penalty of the lols of Land, or. Liberty ar>d Fine; 
 the two latter being formerly warranted by Law : The ■ firft' 
 ferved as afcarc, for(though itpWere but by Proclamation _)' 
 Men might juftly fear thathe^was fo (lout againfl the Pope,. 
 woLjId not Uick to fcourge his own Subjeds out of his way in''' 
 ihc time of his heat. 
 
 The King thus entred the Lifts, both againft Pope and Car- 
 dinal, now under Tr^nmniri f whereof he died) meets the En- 
 glifli Clergy.Cthus lofing their Top-gallant) Handing up in the 
 Kere againlt him,and talking at large. NcvertheltCs, the 
 King ftops not hisCarere, puts them to die rout for hiaintaiti- 
 ing the power Legatine. They foon fubmit, crlave^ pardon, 
 give a fun) of money, and perfiume their- facrifice with that 
 s fweet Incenfe of Supreme Head of the Church of Euglsfid. This 
 '!J/jm; But. wasdonc, not by way of Donation, f for the Convocation had. 
 no fuch power) but by way of acknowledgement in flat, op- 
 pofition to the Jurifdic^ion of the Pope : It became the com- 
 ^oziusBnt. rnon fubjedf ot difcourfe amongft all forts, but of wbnder- 
 fol. 20. ment fC the Pope : Yet for fear of worfe, he fpeaks fair, for he 
 
 SleyUcn. llk^. •w2iSr\oi\v\2i pofture to conteft,but all would do no good i 
 the Quetn had appealed to 'Kome^ the Pope by Wooljys advice 
 makes delays ; The Parliament efpying the advantage s at 
 
 once 
 
Thegotfctfi'^ f Hen. 7. 7 Kingt of 207 
 
 meht cf I Hen. 8. 3 EfipUnd. 
 
 once took all Appeals to Kowf away, and cltabliflitd all fcnren- 
 
 ces rtiad^ or to be made within this Land, notwitiiftanding any 14 H, 8 c. 1 1. 
 
 A<5tf"roir» Rjwf s and enjoyned the En*liih Clergy loadmini- 
 
 Aer the fever al A-db of puKlick wor(Viip, notwitiilfi-nding ar.y 
 
 inhibition or excommunication from any Foraign prftcnded 
 
 power : The grounds upon the preamble of the Law will ap. 
 
 pear to be two. 
 
 Firft, That the King cf £K£:/jf/;/Js Supreme Head in rpndrirg 
 J^lHce within the N ttion in allcaufes therein arillrig which is 
 BQore than the Recognifance ot the Clergy two years betore-rhi5 
 Adt did hold forth, yet this acknowledgement is not abfolutc, 
 but in oppolition to Foraign prefenlions. 
 
 Secondly, That the Clergy in E^ii^/jifc/hfving power, may in 
 matters S^biritualdetern.ineall doubts without Foiaign help, 
 and admini<Urfuch duties as to their place Ao ht\(m^\ rtot 
 hereby dcrtrmining that (he Church-men ever had fuch power 
 by Law, nor that they ought originally to have fjch power. 
 They never had if, for no iboner were they dif-joyntd from the 
 Laity in thcfe affairs, but immediately they were under the 
 Pope, and received their power from him. And, Vejure^ they 
 cannot challenge fuch power, but by a pofitive Law, fuch as 
 this Law of Henry the Eighth, wh'ch alfo givcth but a re(lri« 
 dlivc and limited power, K/js. In matters Teihmcntary of 
 Divoice. Miirimony, Tythcs, Oblations, and Obventions. So 
 as if they will challenge luch power, they mull thank the Par- 
 liament for it, and ufe the fame accordingly aspcrfons deputed, 
 th.ercuhto i and not in their ov;n right, or right of their places. 
 In all this the King's Supremacy is but obfcurely aflcrted, and 
 rather by irhplication, (hewing what in reafon may be holdtn 
 thftn by declaration ot what was, making way thereby. 
 
 Firfl, Into the opinions of Men before they were enjoyned to 
 determine their Adions, but within two years enfuing or 
 thereabout, the Law is made ^ofuive^ 
 
 the King p?ail be tak^H and accepted the only Supreme Head on = 6 H. S. c. 7: 
 
 Earth ■ 
 
2o8 The Govern- C Hen. 7. ? Kings of 
 
 mcnt of 2 Hen. 8. 3 England, 
 
 Earth of the Church of England > and have power tovifit^ cerreQ^ 
 reprefs^ redrefs^ reform^ refhairt^ order , and amend , jfc" fnch er- 
 ronrs^ herefies^ abujes^ offences^ contempts^ and enormities , as by 
 any manner of Spiritual Authority, or Jurifdidkn^ ought or may 
 lanfuUy be reformed, 
 
 which in the preamble isfaid to bennadeto confirm what 
 the Clergy in their Convocation formerly had recognized. The 
 corps ot his Ad is to fecure the King's Title^ihe King's pow- 
 er, and the King's profit. As touching the King's Title it is 
 faid, that in right it did formerly belong to him , which is to 
 be granted by all fo far as the power is rightly underftood. 
 But as touching the King's profit it cannot be faid that the 
 whole lump thereof did belong to the King, becaufe much 
 thereof was not fo ancient, but, Df«wo,raifed by the Pope's 
 extortion v and therefore the true and real profits are by parti- 
 cular Ads of Parliaments enfuing in fpecial words devolved 
 upon him. The nature of this power is laid down in this 
 Statute under a threefold exprellion. 
 
 Firft, Itis a vifitatory,or a reforming power which is exe- 
 cuted by inquiry of offences againft Laws eftablilhed , and by 
 executing fuch Laws, 
 
 Secondly, It is an ordinary Jurifdidion, for it is fuch as by 
 any Spirirual Authority may beadedagainft irregularities-) and 
 thus the Title of Supreme Ordinary is confirmed. 
 
 Thirdly, It is fuch a power as muft be regulated by Law,and 
 in fuch manner as by any Spiritual Authority may lawfully be 
 reformed. It is not therefore any abfolute Arbitrary power i 
 for that belongs only to the Supreme Head in Heaven. Nor is 
 it any Icgiflative power, for fo the Law fliould be the birth of 
 I'r.is power, and his power could not then be regulated by the 
 Law : nor could every Ordinary execute fuch a power, nor did 
 Henry the Eighth ever make claim to any fuch power, though 
 he loved to be much truftcd. 
 
 Laftly, 
 
The Govern' J Hen. 7. ? Kings of 209 
 
 mentof 2 Hen. 8. 3 EtjgUnd, 
 
 Laftly,this Power was fuch a Power as was gained former- 
 ly from the King by foralgn Ufurpation, which muft be intend- 
 ed, Ve rebus licitis^ and once in polTcIlion of the Crown, or in 
 right thereto belonging, according to tiie Law i for the King 
 hath no Power thereby to confer Church- livings by Provifor* 
 (hip, or to carry the Keys, and turn the infallible Chair into an 
 infallible ThronG. In brief, this Power was fuch as the King 
 hath In the Common- wealth > neither legiflative, nor abfolutc 
 in the executive, but in order to the Unity and Peace of the 
 Kingdom. This was the right of the Crown which was ever 
 claimed j but not enjoyed further than the English Scepter was 
 able to match the RomiQi Keys : And now the fame being 
 reftored by Ad of Parliament, is alfo confirmed by an Oath ig/j. 8. c.io. 
 cnjoyned to be taken by the People, binding them to acknow- 5 j R 8. f.i. 
 ledge the King under God fuprerae head on earth of the Church ' 
 oiEngland^ Ireland^ and the King's Dominions, in oppofition to 3 y H. 8- f $. 
 all Foraign jurifdi(^ion. 
 
 And Laftly, by a Law which bound all the People to main- 
 tain the King's Title of Defender of the Faith, and of the 
 Church of England and Ireland^xu earth the fupreme head, un- 
 der the peril of Treafon, in every one that (hall attempt to de- 
 prive the Crown of that Title, 
 
 Wc niuftdefcend to particulars i for by this it will appear 
 that thefe general Laws concerning the King's refined Title, 
 contained little more than matters of Notion, otherwife than 
 a general barr to the Popes future interefts : And therefore the 
 Wifdom of the State (as if nothing had been already done} did 
 by degrees parcel out by feveral A^s ot Parliament the particu- 
 lar interefts of the Popes ufurped Authority in fuch manner as 
 to them feemed beft. 
 
 And firft, concerning the Legiflative Power in Church-go- 
 verment \ It cannot be denyed but the Pope, Vefjdo had the 
 Power of a negative vote io all Councils, and unto that had 
 alfo a binding Power in making Laws, Decrees and Decretals 
 out of his own breaft •, but this was gotten by plunder, he ne- 
 ver had any right to headftiip of the Church, nor to any fuch 
 Power in right of fuch preferment , nor was this given to the 
 
 G g King 
 
210 The govern- ^ Hen. 7. ^ Kings of 
 
 ntent of t Hen. d, y England, 
 
 King as head of the Church , but with fuch limitation and 
 qualifications , that it's evident it never was In the Crown, or 
 rightly belonging thereto. ' 
 
 Firrt, nigh three years after this recognition by the Clergy 
 tfH.g.f.ig. ^" ^^^^"^ Convocation, it is urged upon them, and they pafs 
 their promife, In verba facerdotii. 
 
 And laftly, it is confirmed by Ad of Parliament, that they 
 (hall never make, publifli, or execute any new Canon, orcon- 
 ftitution provincial, or other, unlefs the King's Afllnt ^nd 
 Licenfe be firft had thereto i and the offences againft thisLdw 
 niade puniftiable by fine and imprifohment : So as the Clergy 
 are nowholden under a double bond, one the honour of their 
 Priefthood which binds their Wills and Confciences i the other 
 the A<!^ of Parliament which binds their Powers, fo as they 
 now neither will nor can ftart. Neverthelefs, there is riothing 
 in this Law, nor in the future pra^ice of this Ring, that doth 
 either give oraffertany power to the King and Convocation 
 to bind or conclude the Clergy or the People, without an A(^ 
 of Parliament concurring, and inforcing the fame: And yet 
 what is already done, is more than any of the Kings Prede- 
 ecffors ever had in their poffefliori. '/'"'■'- -'T ''' ' 
 
 j4 fecond Vterogaiive tvas a definitive power in pint ofdo^rine 
 and tvorfhip. for it is enaVied ^ that all Vetermi nations^ Ve- 
 iiH.Z.c. z6. darations^ Decrees^ Definitions^ Kefolutions and Ordinances ac^ 
 cordingta God's tvardj andChriji's Cofpel^ by the King's advice 
 and confirmation^ by Letters- patent under the great Seal , at any 
 time hereafter made^and publifhed by the Arch Bifhops .Bipops and 
 Vodors^ novo appointed by the King^ or the whole Clergy of Eng- 
 land,/« matters of the Chrijiian faith ^and lawful Kites and Cere* 
 mouies ofthe fame pall be by the People fully believed and obeyed 
 under penalties therein comprifed : Provided that nothing he done 
 contrary to the Laws and Statutes ofthisKealm. A Law of a 
 new birth, and not an old Lav^^ newly revived, orrcllored. 
 This the prefentoccafion, and the natural conftkution of the 
 Law do fully rtianifeft : The occafion was the prefent perplexity 
 €f the People, for inftead of the Statute, Ex officio, which was 
 
 BOW 
 
The Govern- J Hen. 7. t Kifjgs of an 
 
 mtnt of \ Hen. 8. \ England, 
 
 row taken away, the lix Articles commonly called the fix , ri » 
 ftringed whip,were gotten into power by a more legal and ep. ^' ' ' ' '^' 
 fedual Original. The Parliament had heard the cries of the 
 People concerning this, and having two things to eye afonce •, 31H.8. c. i4« 
 one to provide for the Peoples liberty, and further fecurjfy 
 againft foraign pretentions ; the other (whfch was more di['^ 
 ficult) for the liberties of the confciences of multitudes of men 
 of feveral opinions Cwhich could not agree in one judgement, 
 and by difcord might make way for the Pvomi(h party to re- 
 cover its ftrft ground) and Hnding it impolFible for them to 
 hunt both games at once, partly becaufe thcnfi^Wes Were di* 
 vided in opinion, and the bone once caft amongft them might 
 put their own cocxiftence to the queftion, and partly becaufe 
 the work-would be long, require much debate, and retard all 
 other affairs of the Common-weakb, vyhkh- were now both 
 manyard weighty. -In this troubled wave,thty therefore wife- 
 ly determine to hoW on their cdurfc in that work, w4iich was 
 molt properly theirs, and lay before them ; And as touchmg 
 this nnatfer concerning Dodrine, they agreed in that whereit* 
 they could agree, viz. To refer the matter to the King and Per- 
 fon? of skill in that cnyftery of Religion, to fettle the fame for 
 theprefent, till the Parliament had better Icifure, thcPeopfe 
 more light, and the minds of the People more perfwaded of 
 the way. Thus the Eftatcs and Confciences of the People for 
 theprefent muft endure. In deftofito of the King and other 
 Perfons, that a kind of luterrm might be compofed',- and the 
 Church for the prefent might enjoy a kind of twilight, rathe* 
 than lye under continual darknefs, and by waiting for the Sun 
 rifing, be in a bettet preparation thereunto. For the words of 
 the Statute are, That all muft be done Avithou? any partial re- 
 fpcdi or affe(3:ion to the Papiliical fort, or any other Se(^ or 
 Seds whatfoever. Unto this agreement both parties wdrein-' 
 cluied by d4varS negarids*.' For ihtiRenn^tifias, though havfng 
 the poflfellion, yet being doubtful of t-feetr^ftrength to hbkt the 
 fame, if it (Jamc to th^pulh of the Pike, in regard that the 
 Houfe of Commons wanted Faith, as the Bid^op of JlocA#jf*r 
 was pleafed to fay, in the Houfe of Lords i and that liberty 
 . Cy^ Gg 2 of 
 
313 The govern- \ Hen. 7. ^ Kings of 
 
 ment of L Hen. 8. 5 England. 
 
 of confcience was then a pleafmg Theme, as well as liberty of 
 Eftates, to all the People. Thefe men might therefore truft 
 the King with their interefts, having had long experience of 
 his Principles : And therefore as fupreme Head, they held him 
 moft meet to have the care of this matter, for l\ill this Title 
 brings on the Van of all thefe Ads of Parliament. On the 
 other fide , that party that ftood for Reformation , though 
 they began to put up head, yet not affured of their own Power , 
 and being fo exceedingly opprefled with the (ix Articles, as 
 they could not expc<ft a worfe condition, but in probability 
 might find a better i they therefore alfo call themfelves upon 
 Sk}iJert,lib.9. the King, who had already been baited by the German Princes 
 *-^»a?iy3f. and Divines, and the out- cries of his own People, and pollibly 
 might entertain fome prejudice at length, at that manner of 
 worfhip, that had its original from that Arch-enemy of his 
 Head-fhip of the Churqh of England, Nor did the the ifliie 
 fall out altogether unfuitable to thefe expedations : For the 
 King did fomewhat to unfettle what was already done, and 
 abated in fome meafure the flame and heat of the Statue, al- 
 though nothing was eftablifhed in the oppofite thereto, but 
 the whole refted mu^h upon the difpofition of a King fubjedb 
 to change. . 
 
 As touching the conftitution of this Law \ that alfo (hews 
 that this was not derived from the ancient Right of the Crowrt 
 now reftored, but by the pofitiveconceflion of the people in 
 their reprefentative, in regard it is not abfolute, but qualified 
 and limited diverfly. 
 
 Firft, this power is given to this King, not to his Succeffors, 
 for they are left out of the Ad , fo as they trufted not the 
 King •, but Henry the ^ighth, and what they did was for his 
 
 own fake..:, ■ :o ;. •.d'n.'j.'J-:, ^^ ''if.i'M'i .-j. . - v 
 Secondly, they tfuft^d :thie King, bat*b€«i«ftbeadvifcd by. 
 
 Council of men of skill. '. (<;[ '>:,;i.vJ lr)7 .rrf f|. T 
 
 Thirdly, they muft not refpcd any Sed, or thofe of the Pa- 
 plftical fort. 
 
 Fourttily, 
 
The govern-^ 't Hen. 7. ? Kwgr of 213 
 
 mentof t Hen. 8» ^^ England, 
 
 Fourthly, all muft be according to God's Word, and Chrift's 
 Gofpel. 
 
 And laftly, nothing muft be done contrary to the Laws 
 and Statutes of this Realm. And thus though they truttcd 
 much, yet not all, nor over long. For it was but a tempo- 
 rary Law, and during the prefent condition of affairs. Nor 
 did the King or People reft upon this Law, for within three 
 years following, another Law is made to confirm what was 
 then already done by the Kingi and a larger power granted 
 to the King, to change and alter, as to his Wifdom fliain4 ^ i^^*^ 
 fcem convenient. Thus the King's injunctions already fet^**^ ''■ 
 forth were elhbiiflied , all oppofal to them inhibited , and 
 the King hath a power of Lawing, and Unlawing in ChrilVs 
 Kingdom , and to ftab an A(3: of Parliament in matters of 
 highcft concernment : And the reafon is, the King will have 
 lit fo, and who dares gain-fay it, as Cranmer faid , the King 
 loves his Queen well, but his own opinion better i for new 
 things meeting with new love, if it be once interrupted in the ^ut^. Brit. 
 firft heat, turns into a difpleafure as hot as the firft love, nor 
 had either party great caufe toboaft in their gainings •, for none 
 of them all had any fecurity, but fuch as kept clofe to a good 
 confcience. 
 
 All this, though much more than any of his PredccefTors 
 ever attained, was neverthelefs not enough till his Title was 
 as compleat. The Pope had fafliioned him one now above 
 twenty years old, for his fervice done againft Luther^ and 
 others of that way , and fent it to him as a Trophee of the 
 Vidory i this was Defender of the Faith, which the King then 
 took kindly, but laid it up till he thought he had deferved it 
 better) and therefore now he prefents it to the Parliament , ^^h. 8. c 3. 
 who by a Statute annexed it to the Crown of England^iox ever 
 now made triple by the Royallizing of that of Ireland tn\(jT\^{i 
 the reft. 
 
 A third Prerogative concerned the King's Power in tem- 
 poral matters, and now muft England look to it felf, for 
 never had Englifh King the fike advantage over his people as 
 this man had. His Title out-faced all queftion ; Left rich by 
 
 bis 
 
214 The Govern^ C Hen. 7. n Kings of 
 
 ment of l Hen. 8. j EngUmi. 
 
 his Father , trained up in the higheft way. of Prerogative , 
 abfolutc Lord of the Englifh Clergy, and of their Intereft in 
 the People, of a valt fpirit, able to match both the Ennpcrbur 
 and French abroad, and yet more bulie at home than all his 
 PredccelTors. A King that feared nothing but the falling of 
 the Heavens \ the People contrarily weary of Civil Wars 
 enamored with the firft taftes of Peace and Pleafures s 
 whiles as yet it was but in the blu{hing child-hood, over-aw- 
 ed by a Itrange Giant, a King with a Pope in his belly \ ha- 
 ving the Temporal Swoxd in his hand, the Spiritual Sword at 
 his command. Of a mercilefs favagc nature, but a word 
 and a blow » without regard even of his bofome companions, 
 what can then the naked relation of a Subject do with fuch 
 an one, if providence fteps not in and ftops not the Lions 
 mouth, all will be foon fwallowed up into the hungry maw pf 
 Prerogative. To fet all on work comes Steven Gardiner fro^nv 
 his Embaffage to the Empcrour, fad apprehcnlions are fcatter- 
 cd, that the motions abroad are exceeding violent and fuddeft , 
 that the Empcrour and French King are faft in nothing, but in 
 change according to occafion, that like the Eagle they make? 
 many points before they ftoop to the prey. Thatif the motl* 
 ons at home do wait upon debates of Parliament, things riiUft 
 needs come Ihort in execution , and the aifairs of this Nati- 
 on extremely fufFer. A dangerous thing it is that the King 
 Onould be at difadvantage , either with the Empetoui or 
 French King , for want of power in thcfe cafes of fuddet> 
 exigences, and for fome fmall time, during the junduie of 
 thele important affairs , that feeing likewife at home the 
 point concerning Religion is coming to the Tert , the 
 minds of men are at a gaze i their affedfions and paliions 
 are on their tiptoes. It's reafon the King fliould ftcar 
 with a fiioxtcr Ruddei, that this care might meet with ere- 
 ry turn of providence , which otherwife might fuddenly 
 blow up the Peace, and good Government of this Nation. 
 Thefe and the like reprcfented a fair face so that which fol- 
 lowed , and made way for the King without (hame to ask 
 what no King before him fuileied ever to enter into conceit, 
 • I 
 
The govtrn- K Hen. 7. ^ Kings of 215 
 
 ment of i Hen. 8. f EngUnd. 
 
 I mean a Legillativc power to this effed, That Proclamati- 
 ons made by the greater part of the King for the time being 31 H.8. f 8. 
 and his Council, whofe names hereafter follow, with iuch 
 penalties, as by them fhall be thought meet, (hall beofc- .f/> 
 
 qual force-^^n k(k of Parliament, provided it fliall not ex- - ^^Sl^ 
 tend to the forfeiture of Elhtes or Priviledges , nor to lofs 
 of Life ( but in cafes particularly mentioned in the Law ) 
 provided no Proclamation (hall crcfs any Statute , or law- 
 ful , or laudable Cuftom of this Realm : All which at 
 length comes to be demanded by a formal Bill, with as ill ta- 
 voured a Preface, as the matter it (elf, which was much worfc 
 ere it was well liked in the Houfe of Commons, and when 
 all was done, proved a Bare (hll : Whatever it was, itpadcd 
 in manner above faid, neither niuch to the de(ire of the Com- 
 mons, that fo much was giveni nor to the good liking of the 
 King, that there was no more : For in ftead of a Legiilative 
 power, which he grafped at (or himftlf, he received it in com.- 
 mon with his Council > and fo becomes ingagcd neither fo 
 alter nor deftroy that Brother-hood, if he intended to reap 
 any fruit of this Law, leaving the point in doubt whether his 
 gain or lofs was the greater. For this Law, thus made for 
 this King, thefe Counfellors, and thefe times and uccafions, 
 can be no precedent to the future , unlefs to inform Kings 
 that the Parliament hath a power to give more Authority and 
 Prerogative to Kings , than they or the Crown have by com- 
 mon Right, and to give it with fuch limitations, and qualifi- 
 cations, as feemeth good to them. 
 
 And fecondly, that even Hcmy the Eighth acknowledged 
 that the Legiilative power was not in the Crown , nor was 
 the Crown capable thereof, otherwife than it was conferred 
 by the Parliament. Only Steven Gardiner might glory in 
 this atchievement , having for the prefent obtained much of 
 his ends by perfwading the King that Foraign Princes e(kan- 
 ged from him, not fo much tor his departure Irom the Pope, 
 as for fome apprehenlions they had of his departure from 
 that way of Religion and Worfhip, which they apprehend 
 every Chriftian ought to maintain. And jheretore if he 
 
 nieaned 
 
2 1 6 'i'ht Govern- C Hen. 7. ? Kings of 
 
 ment of ^ Wen. 8. $ England. 
 
 meaned to gain better correfpondency amongft thefe Prin- 
 ces, he muft engage more rcfolvedly to the fundamentals 
 of the Wor(hip, though he ihook off fome fleighter ceremo- 
 nies with the RomiQi Supremacy i for he knew that they were 
 willing enough with the later, though the other could not 
 go down with them i thus did foraign correfpondency 
 float above, when as the Church, as then it flood, was under- 
 neath, and gave the tindture to every wave. And it was hol- 
 den more fafe by. the Romi(h party to truft the King (thus 
 attempered) with the legillative power in the Church mat- 
 ters, than the rough Parliament , whofecourfe fleered quite 
 wide from the Roman fliore , as if they never meant to look 
 that way any more; though Cranmer , and the chief Officers 
 of State, and of the Houlhold , were by the Law Judges of 
 the matter in fad, as well as the King, yet in the conclufion 
 the King only was of the ^erum \ all this yet further appears 
 in the penalty, for by aProvifor it is moderated, as to all for- 
 feitures of Life, Limb or Eftate i and in the conclufion ex- 
 tended only to Fine and Imprifonment \ unlefs in fome cafes 
 mentioned, and excepting offences againft Proclamations made 
 by the King or his Succeflbrs, concerning Crimes of Herefie. 
 For it is the firft claufe of any pofitive Law that ever inti- 
 mated any power in the King of fuch cognifance and punifli- 
 ment of Herefie-, too weak a principle it is to fettle a Prero* 
 gative in the King, and his SuccelTors, as Supreme Head of 
 the Church, thus by a fide wind to carry the keys of Life and 
 Death at their girdle, and yet a better ground cannot 1 find 
 for the Martyrdom of divers brave Chriflians inthofe times, 
 than this touch of a Law glancing by : All which pa(Cng,5/fi 
 filentio i and the Parliament taking no notice thereof , made 
 way for the Statute, 38 H. 8. c 2 5. Formerly mentioned to 
 come more boldly upon the Stage. 
 
 This was one wound to the legiflative power of the Par- 
 liament thus to divide the fame : Another enfues that in its 
 confcquences was no lefs fatal to that po>vcr which re- 
 Hiained, and it was wrought by fonie Engine that well faw 
 
 that 
 
The Govern- f Hen. 7. ^ KiKgf of 217 
 
 went of I Hen. 8. \ England, 
 
 that the Difeafe, then fo called, grew to be epidemical amongft 
 the more conliderable party in the Kingdom \ that the Lady 
 Jane Seymor (now Queen j was no friend to the Romanilis i 
 that (he was now with child, which if a Son fas it proved to 
 be) was like to be Succeflbr in the Throne , and be oi his Mo- 
 thers Religion, and fo undo all, as in the ifTue all came fo to 
 pafs: To prevent this, neverthelefs they fancy anew conceit, 
 that Laws made by Englilh Kings in their mir.Griry,are lels coH' 
 liderately done, than being made in riper years. And fo by that 
 one opinion countenanced a worfe, which was, that the Le- 
 giflative power depended more upon the judgement of the 
 King, than the debates, and relults of the Parliament > a notion 
 that would down exceeding well with Kings, efpccially with 
 fuch an all-fufficient Prince as Henry the Eight conceived him- 
 felf to be > upon this ground a Law is made to enable fuch of 
 the King's SuccelTors, by him appointed, as (hall be under the 
 age of twenty and four years, when Laws by him are made, to i8 H. 8, c.i7< 
 adnul the fame by Letters-patents, after fuch Prince ihall at- 
 tain the laid age of twenty four years. Thus the Arms of 
 the Parliament are bound from fettling any Reformation, 
 let them intend it never fo much ■-, a Mufe is left open for 
 the Romifli Religion ftill to get in, when the Seafon proves 
 more fair. The Parliament was now in its minority, and gives 
 occaiion to the Reader to bewail the infirmities of the excel- 
 lency of England, 
 
 A fourth advance of Prerogative concerned the executive 
 Power in Government of the Church. 7hh had for- 
 merly much relied in the Prelacy^ and that upon the chief Prse- 
 latilirmo at Rome > now there if fonnd in England a Prelater 
 thw he i the Pope was already beheaded^ and his head fet upon 
 the King's Jhoulders : I0 him it is given to nominate all Bi- 
 p.'ops ^ and Arch-Eifhops rvithin his Vominions ^ by long deftre^ z^ H.2. c.io. 
 and that the party once eleded (l^all frvear fealty^ and then (^:aU 
 be confecrated by Commiffion, and invejied ^^ but if upon the long 
 defire^ no ElfGion be certified rvithin twelve days^ the King (hall 
 by Commijfion cOufe his own Clerk^ to be Confecrated and Inve- 
 
 H h fied. 
 
3i8 The govern- \ Hen. 7. ^ Kings of 
 ment of I Hen. 8. ,5 Ettgland, 
 _ . re 
 
 ^ed. The occafion that firft brought in this President , wa3 
 the accefs of Cranmer to the See at Canurbury \ 1br though 
 the Head-fhip had been already by the fpace of two years 
 tranllated from T^ome to England^ aesi yet the courfe of E- 
 pifcopizing continued the fanne, as formerly it had been. I 
 mean as touching the point of Eledion : For though in their 
 Original, Bi(hops were meeily Donatives from the Crown , 
 being invefted by delivery of the Ring and Pafloral Stalf, and 
 Rot. Pat. until King John's time , the Canonical way of Eled^ion was 
 17 ^oh. difallowed, yet King John by his Charter, T>e comnmni con' 
 
 35 £". I. St. j-^^j-^ Baronum, granted that they (hould be eligible, which alfo 
 2*£ De 'W2S confirmed by divers publick Ads of Parliament in aftei 
 Irovi's^ ' times j and now by this Law laft recited, and with this way the 
 
 J3 R. 1. c.i. King was contented for the fpace of fix ycars,for the Reforma- 
 tion intended by the King,was not done at once,but by degreesi 
 and therefore though this courfe of long defire was brought in- 
 to ufe, yet the Parliament being of fix years continuance, a ne- 
 , ceffary thing in times of fo great change of policy, began this 
 ^miq. Brit, courfe of Election, by giving the King power to nominate, and 
 ztt. Crmwcr. ^jjovving of tlie Pope power to grant to fuch his Bulls or Pall 
 at his own will , otherwife they (hould be confecrated by Com- 
 milFion without his confent; and thus at the firft, the Pope's 
 • concurrence was not excluded, though his Negative was. In 
 this pofture of Affairs comes Cranmer to be confecrated Arch- 
 Bi(hop -. And being nominated thereunto by the King, the wily 
 Pope knowing the King's aim, meaned not to withftand, left he 
 (hould lofe all, but granted the Pall as readily as it was defired \ 
 fo as Cratjmer is thus far Arch-Bifliop of Canterbury^ without 
 all exception j yet he muft go one ftep farther, and take the 
 old Oath to the Pope, which the King allowed him to do, Pro 
 more , and whicb he did , Keuitente confcientia , fay fome , 
 and with a Salvo^ fay others, and all affirm it was done, Ver- 
 fuHciorie^ like fome worn Ceremony , or civil Complement. 
 Neverthelefs it was not fo foon turned over , the Arch- Bi- 
 fhop loved not the Office, the King loved not Partnerffiip in 
 this matter i and it was evident to all that no man could 
 fervethefc two Mailers any longer, an agreement is foon con- 
 cluded 
 
The Govern^ C Hen. 7. j Kings of aro 
 
 mtntof ^ Hen. 8. \ EvgUnd, 
 
 eluded in Parliament to exclude the Pope's Ppwer quite out 
 of this game, and all is left to be done by the King and hit Cem- 
 mijfioners , by the Larv formerly propounded. In all this the 
 Tope is lofer , the Englifh Clergy ^he- favers , f<>r the fall cofi A^ 
 
 ' Cranmer nine hundred markj. And the Crown is the great 
 gainer *> for hereby the King got the men fure to him, not only 
 by their own acknowledgement and fubmiilion, but alio by 
 a Statute Law. 
 
 And laftly by Oath , which to rpake fure was tre- 
 ble twined , once upon their Hrft fubm^iion in the King's 
 twenty fecond year, when they had been. under Fremu- 
 mri. 
 
 Secondly, foon after the deceafe of Queen Kathcrine Vorva* 
 ^.»r, in the twenty fixth year, which Oath was more compleat 
 than the former i containing, 
 
 Firft, a Renunciatipn of all Fealty to the Pope, . or any Fo« 
 raign Power. 
 
 Secondly, an obligation to adhere to the caufc of the King 
 and his Succeflbrs. 
 
 Thirdly, a difavowing of the Pope, otherwife thdn asano- 
 ther Bi(hop or fellow Brother. 
 
 Fourthly, an engagement to obferve all Laws already efta- 
 bliflied againft the Pope's power. 
 
 Fifthly, a difavowing of all appeals to Komt, 
 
 Sixthly, an engagement to inform the King of all Meffages 
 or Bulls, fent from Kome into England, 
 
 Seventhly , an engagement not to fend, or be pJivy rto the 
 fending of any MefTage to Kome for any fuch purpofe. 
 
 The third Oath was that of Fealty, which anciently was due 
 to Kings , and now revived to be taken by all Bilhops upon 
 their admillion. And thus the Engliib Prelacy , having 
 been fworn flaves to the Papacy ever iincc Bfci^<r/'s time, art 
 now preferred to a more Royal Service, and the purfuit by 
 Kings after their right, being laid alide by the fpace of 500 
 years , is now renewed , and the prey feifed upon by the 
 LyottjWho found it upon a better title, and in better condition 
 
 H h 2 by 
 
220 The govern- J Hen. 7. -t Kings of 
 
 ment of c Hen. 8. 5 England. 
 
 by much, than when at the firft it was loft, for it was upon fome 
 femblance of Reafon that the Arch-Bifliop and Clergy gained 
 itj but being afterwards difpofTeifcd thereof by the Pope, 
 and yet without any other (hadow of Title, but the Power of 
 his own gripe , for the prefent he is the occupant, and be- 
 comes Proprietor by prefcription : Till now the felon appre- 
 hended, the ftolen goods are the Kings in Right, and by Re- 
 mitter, whereunto the Parliament were by the Statute adding 
 their conveyance , eftablithes the fame by an unquelHonable 
 Title-, neverthelefs their fcrviceis no lefs fervile to this Crown, 
 than it had been to the Rom-ifli Miter \ formerly they affeited 
 the Pope's Infallibility, now the King's Supremacy. They are 
 now called by the King, made by the King, fent by the King, 
 maintained by the King, whatfoever they are, whatfoever they 
 have, all is the Kings : He makes Bi{hops,be makes new Biftiop- 
 ricks > and divides or compounds the old as he pleiifeth, by a 
 51H. 8.ff. power given to Hewrj/ the Eighth by Parliament, which-ds^Pcu^ 
 was never in any Prince before or after him, that I can find j 
 fo as the Crown had it not, but the man, and it died with 
 him. 
 
 The King thus loaden with Power and Honour,above all his 
 Prcdeceffors f if without proportionable maintenance to fup- 
 port the one, and adf the other) muft needs confume himfelf 
 gfi^ Cas-eft-in a TympanyJ by growing great : For though he was 
 left rich by his Father's Treafure, yet his Zeal to Kome in its 
 now poor captived condition under the Imperial power ,(i:irTing 
 up in him great undertakings abroad (bei^des his. own pleafuj?es 
 and gallantry at home) exhaufted that, and doubtlefs had ftar- 
 vedthefe his grand deilgns, had he not found the hidden Trea- 
 fures of the Cells and Monafteries \ the light whereof fo rou(ed 
 up his Spirits, that he adventured upon the pur-chaft,thongh he 
 knew difficulties enough to have (topped his undertakings, if he 
 had not refolved, bothagainftfear and flattery. It was not done 
 . without deliberation v for the thing was felt as a grievance 
 before the Norman times, and complained of in Parliament 
 above a hundred and forty years ago, and divers times fince, 
 
 but 
 
The govern- J Hen. 7. i Kings of 22 1 
 
 Ment cf I Hen. 8. 5 England, 
 
 but Kings either underfiood not, or believed not, or durft not 
 give remedy, or had much elfe to do. But now the King is 
 beyond all his PredecclTors, he knows much, dares do more, 
 and is at leifure, he will go as far as Emperour or French King, 
 and beyond them alio, but would not try maftcries with either, 
 for they were all Cocks of the game. 
 
 Tlie firft occafion that difcovered the work feafible, was 
 a prcfdcnt made by Cardinal U^oolfj'^ whofe power was enough 
 to JilTolve fome petty Cells, and no oppolltion made. The 
 King might well expedJ the work would be as lawful for him, 
 and not much more difficult, or if any ftorms enfucd, the people 
 that had (b long complained,} and felt the burthen of thcfeex- 
 crefcences of the Clergy, would foon Hnd out a way to calm 
 them, the King need do no more than fpeak , and the people 
 will do. This opened the door, but that which brought the 
 King in, was the hold the Pope had in this Kingdom by thefe 
 cloyftered people, who were perfons dead in Law, and dead 
 to all Law but the Canon i and upon this account the King's 
 Ancellors had poflelTcd themftlves of the Cells, in the hands 
 of Foraigners, in times of War, and now a deadly feud isflir- 
 red between Henry the Eighth and the Pope their holy Father \ 
 the Children cannot expect to thrive, when as their Father is 
 caft out of doors j and fo all muft out together : yet the man- 
 ner is obfervable, they muft not be cafl out, but muft go out i 
 the inferiour and greater part are dead perfons, have learnt obe- 
 dience, they can neither bark nor bite, and therefore they may 
 fleep, and what is done, muft be done with fuch of them as are 
 alive. Upon a Viftiation, thefe are brought under the Teft.and 
 found in fuch a condition, that they had better give way, and 
 voluntarily furrender, than abide the trial : Once more the 
 fmalkft are picked out whiles the greater ftand by and won- i7H.8ci7- 
 der, but either do not forefee, or (in defpair of altering the 
 King's refolution) do nothing but expedf the fad hour, which 
 within four years comes upon them all , every one of them 3^ ^•8' ^-i] 
 chuling rather to furrender , and expeit^e King's mercy 
 for maintenance during life, than adventure againft tha dint 
 
 of 
 
222 Tht Govern- C Hen. 7. ? Kings of 
 
 went of 2 W^"' ^' S E^gUfid. 
 
 ot'hisjuftice and Power, and fo lofeall j for they were ill be- 
 friended {amongrt all forts of the people. Thus canne the per* 
 fonal Eliate and Stock of thcfe Houfes to the Kings immediate 
 Treafury, and their yearly maintenance to the dKpofing of the 
 Crown, which might have advanced the fame, well nigh to 
 the value of two hundred thoufand pounds yearly, but that the 
 King intended to let the people enjoy the fat as well ashe,that 
 they might be mutually engaged to maintain hold of the prey- 
 that they had joyntly gotten. Out of all which neverthelefs 
 the Crown had a fmall rent, or fervice annual, for the acknow- 
 16H.S.C.1-. Icdgement of their tenure, befides the firft fruits of Spiritual 
 Dignities, and the Tenths, both which he formerly had already 
 obtained. 
 
 The firft whereof was but cafual , and occafional in the 
 payment , arifing only at the entrance of the party into his 
 promotion i and which was gained by the Pope from Ed* 
 fex. JMavt. ^^^^ the Firft, although at his Parliament at Carletle^ in his 
 fol7,iz. thirty fourth year he withftood the fame : This was a- 
 
 ^ bove three hundred and twenty thoufand pounds in the 
 whole fumm. The later was annual , and amounted to a- 
 bove thirty thoufand pounds : And thus the Pope's Ufur- 
 pations are turned into duties to the Crown , but were much 
 leftened , in regard that thefe Cells and Monafterics were ac- 
 counted amongft thefe Ecclefiaftical promotions , which by 
 their diftblution fell off in that account. Neverthelefs, the 
 advancement that might by a parcimonious King have been 
 made of the fall of this Cedar, was fuch, that the Crown 
 might have been rcndred of it (elf abfolute and all-fufficicnt. 
 Eut He-ftry the Eighth was not thus minded, the Affairs of E«- 
 rppe were gotten into a high pitch > Princes generally over a- 
 (3ive f, Henry the Eight inferiour to none of them \ what comes 
 in goes out, and he is a rare excmple of that divine Proverb i, 
 As Riches inereafe , fo do the Mouths of them that eat , he " 
 ftill ftands in need of his peoples love, purfes and power \ fo 
 '^Divine -providence orders the mutter^ that Kings can never at- 
 tain further end of their undertakings without the aid of 
 
 the 
 
The govern- I Hen. 7. 7 King/ of 225 
 
 mentof I Hen. J. 5 England, 
 
 the people, than their labour, left they (honld be too big to be 
 Chriftians, 2nd the people too mean. 
 
 CHA P. XXVIIf. 
 
 Of the Condition of the Farliawent in 
 thefe Times, 
 
 THey are no good Expofitors that confidcr their Text 
 by piece- meal only, nor they good Hifiorians, that 
 will tell you the bare journal of Adlion, without the 
 .S'rr/V/ of occafion ; fuch as thcfe will fpeakmuch of the Add- 
 ons of Hf^r)/ the Eighth, what advancement he brought to the 
 Crowr, and make a corapleat Monarchy, wherein the King 
 may Ad what he refolveth > refolve what he pleafeth-, and 
 pleafe what he lufteth i when as in truth , the thing is no- 
 thing fo: for though many of his Adions, in relation to par- 
 ticular perfons, cannot be juftiHed by any Lawi (o In truth , 
 did they never proceed from any Law, but meerly from the 
 paffion or will of the man, and connivance of the people, who 
 could bear that from this King, that their Anceftors would ne- 
 ver endure under any other. And yet in all the Grand con- 
 cernments of the Nation, the Law kept ftill upon the top^nor 
 did the King enter into any Competition therewith, or lead 
 the way thereunto, other thdn by efpccial allowance of the 
 Parliament. 
 
 For hrft, it's evident, though the King was Supreme Head 
 of the Church ■•> yet this was not like the head of a mad man, 
 led by phancy, without the Law of Rcafon,or Reafon of Law '■> 
 But it was defined, circumfcribed, and formed thereby, with 
 Qualifications and Limitations, as hath been already exprefTed 
 in the former Chapter, 
 
 Secondly , it is no lefs clear that the Legiflative Power 
 refted in the Parliament, and not in the King, when he was 
 in his greatcft height i for as Head of the Church, he had no 
 
 fuch 
 
2 24 The Govern- < Hen. 7. 7 Kings of 
 
 went of I Hen. 8. S England, 
 
 fuch power in Church-matters •, or if he had fuch a right, it 
 was taken away by the Adls of Parliament •-, nay, when the 
 Pope was yet pofTcfTed of this Head-Oiip, the Parliament did 
 determine the manner of the VVorlhip of God, in fome par- 
 
 4 Uxc. 4. ticular cafes, as in the keeping of the Lord's Day, the Statute 
 of Edivard the Fourth , to the Honour oi God did provide 
 for tlie obfcrving thereof » and to the Honour of God, it was 
 
 1 5 H. 8 C.9. taken away by a Statute in the time of Henry the Eighth, if 
 th.c words of either Statute may be believed. But more efpe- 
 
 Z5 H.8 f.i;?. cially, after that this Head-fliip was tranflated to the King, 
 the Parliament provided, that the Canons fliould be examined 
 and allowed by the King, and thirty two perfons, one part of 
 the Clergy, the other of the Temporalty, chofen by the King. 
 And thofe that (hall be aflfcnted unto , and confirmed by the 
 King , and the thirty two perfons, or the major part of them 
 (hall be obeyed, and put in execution, the rcfidue (hall be void ; 
 Vrovided nothing fljall be done againji the King^s Frerogative^ or 
 the Latvs andCu\hms of this Realm : So as the King had much, 
 but he had not all j and what he had, the Parliament gave him 
 
 27 H.8. f. 1 5. by a Law, that was Executory all the days of Henry Eighth, 
 
 3jH. 8 c. i^.by divers continuances, and was not any power devolved to 
 the Crown, under the Title of Supremacy, nor by Vcrtue of 
 the Adf of Parliament concerning it, but by the continual in- 
 fluence from the Parliament upon the Crown, as well before 
 that Ad as after, derived upon it. The King hath then this 
 right of Law-makir>g, but it is with the thirty two he hath it , 
 but not his SuccelTors. 
 
 And lafl[ly, he hatli it but by a derivative power from the 
 Parliament,and |r a Committee for that fervicc: and in a word, 
 he hath the Pow?r, but the Parliament hath (\ill the Law of 
 that Power. 
 
 The fecond Priviledge of the Parliament hitherto , con- 
 cerneth only Laws concerning Church-Government. In the 
 next place cometh to be conlidcred the Legillative Power 
 in point of Dodrine, which doubtlefs ilTucth from the fame 
 principle of Power with the former. For if the Church 
 
 which 
 
TheGovtrft' C Hen. 7. 1 Kings of 225 
 
 mtnt of ^ Hen. 8. 5 England, 
 
 (which as a pillar and ground holdeth-fef the Truth) be the 
 company of profefling Believers > then ought it not to feem 
 ftrange, if thefe in their reprefentative do intermeddle with this 
 Power, or rather duty V and for the matter in fadl, neither did 
 the King challenge this Power, nor did the Parliament make 
 any difficulty of Confciencc in executing the fame, and yet 
 there were many Learned and Confclencious men of that 
 number. 
 
 They therefore,as touching the Doc^rine,proceed in the fame 
 way, with that formerly mentioned concerning the Difcipline : 
 And a Committee alfols by them made of the King and Learn- 
 ed men, to fet down rules for Faith and Obedience, and for the jt ff.g. ?. xs. 
 order of the publick Wor(hip of God, according to the Word 
 of God i and thefe Rules are confirmed by a Statute, fo as the 
 King hath a power in the point of Dodrine,but it is a derivative 
 power, it is a limited power to himfeir,and not to his Succeflbrs, 
 andtohimfelf and others joyned with him. 
 
 And laftly, nothing muft be done contrary to the Laws of 
 the Kingdom. 
 
 Secondly , the Parliament hath not only a right to grant 
 and limit this power unto others, but alfo to execute the fame 
 immediately by its felf » and therefore before they granted 
 this power to this Committee , whereas formerly the Pope 
 ufurped the power to be the Omega to the refolves of all 
 Councils, the Parliament intercepted that to their own ju- 
 rifdidion, in ilat oppofition to thie Infallibility of the Roman y i/g. r 14. 
 Chair, fo far as to Diftierize feme Opinions, which by thefen- 
 tence of that infallible mouth , had been marked with that 
 black brand of Herefie. And what they did before this A<fi of 
 Delegation to the King, and other Committees for this work 
 they did afterwards, as not concluding their own power by any 34H.8.f.i. 
 thing, that they had ^o done, as may appear by their Cenfure 
 of the tranflation of the Bible, made by TmdaXt : By their cfta- 
 blifliing another tranflation : By their ordering and appointing 
 what perfons might read the fame ; By their qualifying the fix , . h 8 a 
 Articles, and the like. The Parliament then hath a power ' " 
 which they may grant, and yet grant nothing away > they may 
 
 I i limit 
 
23^ The govern- \ Hen. 7. i Viings of 
 
 metit of I Hen. 8* 5 England, 
 
 limit tliis power in others as they will, and yet not conclude 
 themfelves. And the King by accepting this limited power , 
 murt diiclaim both the Original and abfolute Rights and can- 
 not claim the fame by right of Head-fliip or Supremacy. -This 
 was one great windfal which the Parliament had from the 
 ruines of Kome, not by way of ufurpation, but re-feifurc, for 
 their poffeilion was ancient,and though they had been difpoffcft, 
 yet that pofleffion was ever under a continual claim, and fo the 
 right was faved. :::;; •• ^i ■■■' y-i/ :• . 
 
 A fecond that was no lefs fetal unto that See y was the 
 lofs of all power over Ecclefiaftical perfon^ tirt'his King- 
 dom : For whereas the Popedom had doubly rooted it 
 felf in this Nation, one way by the Regnlars, the other by the 
 Seettlars i the Parliament by the diflblutions of Monaftcrles , 
 &e. confumed one to a(hes, and by breaking the fealty be- 
 tween the other and the Pope, parted the other root and the 
 ftock afunder, and thence enfued the down-fall of this tall Ce- 
 dar in this Nation \ and Prelacy now left alone muft fawn elfe- 
 where, or lye along, a pofture wherein that rank of men can 
 never thrive : Up again they peep, and efpying a King 
 that loved to towre aloft, they fuddenly catch hold , pro- 
 mifing their help to maintain his flight , and fo are carried 
 up, and like a Cloud born between Heaven and Earth, ma- 
 king the Commons beholding to them for the King's Sun- 
 (hine, and the King for their interefts in the people, and for 
 his fuperlative advancement above them all. Now though 
 the Engli(h Prelates may think their Orb above the winds, 
 yet were they herein deceived. The Parliament had power 
 in their Elc6Hon , before the Pope ufurped that to himfelf i 
 now that they are difcharged, Kings are poffefled of them by 
 long defire, but it is not by way of reftitution, for Kings were 
 never abfolutely poffefTed of any fuch power, but as Com- 
 mittees of Parliament, and* by delegation and concellion from 
 them, and therefore miii^ render an account to them, and abide 
 their judgement when they are thereto called. 
 
 Thirdly, the Parliament had the difpofing and ordering of 
 all the Church Revenues, as the Laws concerning Monafteries, 
 
 Sani^uariesj 
 
The Govern- i Hen. 7. ^ Kings of 227 
 
 ment of c Hen. 8. f England, 
 
 Sanduarics, Morruaries, Firft-Fruits,Tenths, Annates, and fuch 
 like, fufficiently manifefkth. 
 
 Fourthly, the Parliament had the power of granting Li- 
 cenfes, Difpenfations and Faculties, fetting a rule thefeunto, as 
 in cafe of Nomrcfidency, and delegating the power to Com- xiH^.e i- 
 mitrees, whereof fee more in the Chapter following concern- ly H.s.c.i6.' 
 ing ordinary jurifdidion. iSH.S.cij, 
 
 Fifthly, the Parliament referved the Cognifancc of all ap- 
 peals for final fentence unto themfelves, and difpofed of all 
 the fteps thereunto, as unto them feemed mod convenient ; 
 For though it be true in fome cafes the Arch-Bi(hopofC4«- i4H.8.c-.ii. 
 terbury had the definitive fentence, and in other Cafes the 
 Convocation, yet was this but by a temporary Law, and this 
 alfo granted to them by the Parliament , which took it away 
 from the Pope, and never interefted the Crown therein, but 
 made the Arch-Bifhop, and the Convocation their immedi- 
 ate delegates fo long as they faw good. Afterwards when 
 they had done their work, viz. The determining the Appeal 
 and Divorce oi Q}ittx\ Katherine , and fome othet matters ^^H.Sc.i^. 
 the' fame hand that gave that power took it away and gave 
 it (not to the King or Crown ) but to Delegates from the 
 Parliament from time to time to be nominated by the King, 
 and may as well alter the fame, and fettle the power elfewhere 
 when they pleafc. And therefore after the Appeal of the 
 Dowager thus determined, and the fentence definitive thus 
 fettled upon Delegates : The Parliament neverthelcfs deter- 
 mined the other caufes of the Marriages of the Lzdy Jlnfte 
 Bullen, and the Lady A>ine of Cleve , the jurifdidiion of the 
 Crown never intermcdling therein > fo as upon the whole, it 
 muft be acknowledged, that however the King was Supreme 
 ffead of caufes Ecclcfiafiicd, yet had nor the definitive fentence 
 in Appeals, nor abfolute Supremacy, but that the fame was left 
 to the Parliament. 
 
 Sixthly and laftly, what attempts the Parliament had wet 
 with/partly from the deligns of fome great men that fought 
 their own ends, and partly from the endeavours of thefe Kings 
 that fought their own height and greatnefs, above their pco- 
 
 li 2 pie. 
 
2 28 The Govern- C Hen. 7. ? Kings of 
 
 ment of 2 ^^°' ^' J EngUnd. 
 
 pies good, hath been already related, and the utmolt ifTue had 
 been truly ftated, viz. That the gains have come to the King's 
 perfons, and not to their Crown, and that therein they have 
 put their Seal to the Law, and made their fubmilfion to the 
 Parliament, as touching both their perfons and power. Add 
 hereunto, that however Henry the Eighth aimed much athimp 
 fclfin his ends, in two other main Interefts that moft nighly 
 concerned him, yet the chief gain came to the Parliament. 
 
 The one concerned his own Wife, which however fo nighly 
 related to him, as next to his own perfon, and under the de- 
 termination of the immediate Law of God , yet was fo caft 
 upon their fentence, as if he durft adventure his own Soul at 
 their diredion. 
 
 The other concerned the Crown, to which he ought relati- 
 on above his own perfon, which he laid down at the feet of the 
 Parliament, feeking to their power to fulfil his own pleafure : 
 The Ball is toffed up and down, fometimes amongft the ifTue 
 
 ijH.8.f.ii. between the King and the Lady i4«w B»y?«, another while a- 
 mongft the iffue between him and the Lady Jane Seymor^ox fuch 
 
 ^%E.%.c.^^ as the King Chould nominate by Letters-patents or laft Will. 
 After that, to the Ladies Mary and Elizabeth^ to perform con- 
 
 3 J n.%.c\. ditions declared by the King's Letters-patents, or his laft Will. 
 The King then is trufted, but he hath his truft from the Par- 
 liament, the Crown is intailcd, (as it hath been ever fince Ri- 
 chard the Second's time) but it is done by Parliament : The 
 Reverfion is in the Clouds, but the right of Inheritance much 
 more. The Conclufion of all is this, the Parliament by ferving 
 thefe Kings turns, turned their turns into their own. 
 
 CHAP; 
 
The govern- X Hen. 7. 1 Kingt of 229 
 
 ment of t . Hen. 8» 3 England. 
 
 CHAP. XXIX. 
 
 of the power of the Ckrgj, in their 
 Convocation, 
 
 THe Convocation of the Clergy , like fome froward 
 Cliildren, loves not new drelling, though it be a 
 g-ai«3cr thereby. Before the Pope and Henry the 
 Eighth were fain afunder , their mafters, their minds , their 
 work, all was double \ their Councils uncertain, their^6onclu« 
 iions (low in Produdion, and Height in their Fruit and Confe- 
 quence^ fomctimcs difpleafmgto the Pope, fometimes to the 
 King, generally to themfelves *, who naturally lingering aket 
 theix own intcrefts, were compelled to feed that body that 
 breathed in them, rather than that w»hcrein themfelves brea- 
 thed i and fo like hunted Squirrels, from bough to bough , 
 were ever well tired, yet hardly efcaped with their own skins 
 in the conclufion. Now Henry^ the Eighth tenders them bet- 
 ter conditions, both for cafe and Honour, and more fuitable to 
 their own Intercft > yet they are loath to accept, becaufe they 
 had been flavcs by prcfcription. 
 
 Forraerly,they were troubled with multiplicity of SummonSj , 
 
 fometimes from the King, fometimes from the Pope, fometimes 
 from the Metropolitan, and always over-dripped Ixy a Foraign 
 Power, that they could propound nothing for the good of 
 the Souls of themfelves or others , but muft be blafted from 
 without •> their labours loft, their undertakings vain, and them- 
 felves, in the conclufion, fit down choaked in their confciences 
 and defires. Now they are at no man's call, but the Kings, and »jH.8.f,i;), 
 that by IVrit^ both Provincial^ and Legate e Latere, muft meddle 
 no more. 
 
 Formerly, it's taken for granted, that Kings have no Vote 2.] 
 
 in matters Ecclefiaftical , though themfelves be interefted 
 therein \ and therefore if he will accept of a Difme, he muft 
 accept it) Statu quo ■, it i^ granted) not can he inter pofe his 21 £.4/0/. 4^. 
 
 Diffent, 
 
250 The Cover rt^ C Hen. 7. 7 King/of 
 
 - meftt of T -Hen. 8/ 3 England. 
 
 Diflenr, nordo they much care for hisconfent: But whether 
 the King be concerned os not -concerned, what they conclude, 
 they muft maintain, Vi €^Cr^z/i^«/, although in right, his Pre- 
 ay H.g.r.i^. rogative is above theirs. Npw by the Statute, the King's Vote 
 is afferted, and a Negative Vote reftored, and him^ell made as 
 well Head of the Convocation-, as' the Church : nothing can 
 pafs there without his Concurrence, nor come to the confidera- 
 tion of the ParliamentjWithout his pleafure \ and thus tlie King 
 hath a double Vote in every Church Ordinance : One, as in the 
 Parliament, to pafs the fame as an Ad of Parliament,of which 
 I conceive the Opinion of the Honourable Judge is to be un- 
 hifttt. 4- derftood j the other, as a Member of the Convocation, to pafs 
 
 fol. 3x3. ({^gjj, advices to the Parliament > and therefore he might either 
 
 lit in perfon amongft them, or by his Vicar,as ffc^ry the Eighth 
 did by the Lord Cromrvei : By the Firft, the whok Kitigdom 
 was ingaged : By the Second, the Con-rCcation on!y,' and that 
 as a Court only, and not the reprefentative of the Clergy, be-' 
 caufe as they had a Spiritual relation, fo alfo they had the Com- 
 mon Right of Free- men, and therefore could not be bound 
 withoutthe Common Cocfent'of the Free- men'.' '"■^"■j''' -' '' 
 
 3' Thirdly, as their power 9f Convention', and poWer in Vote, 
 
 fo their Original Right of the Law making, fuffcred a change : 
 formerly they depended wholly upon a Divine Right, which 
 fome fettled Originally in the Pope i others, in the Prelacy, 
 and fome in the Clergy: But now they fit by a derivative 
 power from the A<fl df Parliament, from which a'S^from their 
 Head, they receive life and power. •- - ' 
 
 ^' Fourthly , they fulfered fome change in the' very 'iVotk of 
 
 their Convention y for though formerly 'they'claimed' power 
 to meddle otily with Ecckfiaftica} matters,^et'thatrNoV'lon wa^ 
 ambiguous, and they could many times explicate it nnore'large* 
 ly, than naturally. It is not to be denyed,but the matters con- 
 cerning the Service and Worfliip of God, are of Spiritual con- 
 fideration, but that fuch fhouldbefo ftridly deemed, to lie in 
 theway-of Cbiaich-nkn only, is to bring all SjiiritJ within the 
 
 Verge 
 
Tke govern-, - C . ,, -Hem 7. ^ J<'iffgi of 251 
 
 Verge of EckGal^ical Jurifdidion, and to leav.e the Civil power 
 to rule only dead Carcafes i much lefs can any other thing , 
 which by prpfcj:ip,tionhat;h i?pt been of £c(;l^lla(lic4,Cog^ 
 fance, be called Spiritual,' '_' I ,. ..■'.j,!r )i".'.j';!.!l ; 
 
 But to come to particulars, becaufe generals edifie not ; The 
 Convocation claimed formerly power, as Originally from its 
 fe|f, to impofe Rules for Government upon Church- men, and 
 Church- Officers,and upon the Laity, fo far as extended to their 
 Service of God ; An(;l alfo tocharge theEftatesofthe Clergy ^ 
 and concerning Matrimonial, and Teftamentary Caufes: They 
 claimed alfo a power to determine Do<fiune and Hcrciles. Yet 
 Ve F^(3(?, divers of thefe they never aded in that right, where- 
 in they. claii^e(| ip bold P9gt| jlancc. 
 ,, .•-., ',.».'( , f ,• . 
 
 Firft, as touclilng the charging of the EiUtes of the Clergy : 
 If it was for the King's Service, they were ever fummoned by 
 the King's Writ, yet was not their Adt binding immediately 
 upon the palling of the Vote, till the Parliament confirmed the 
 fame i aad therefore the old form of granting of Difmcs, was 
 Ver Clerum & Communiiatjem^ as by -the pleading in the Abbot 
 of Waltham's Cdik appears ^ for without their Concurrence 11C.4 ,^o/.4j 
 they had no power to charge any Free-man, nor to levy the 
 fame, but by their Church Cenfures, which would (land them 
 in noftead. And in this, the Convocatiou fuffcrcd no alte- 
 ration, either in Right or Power, by the change thus wrought 
 by Hewrji the Eighth. >^^'^ 
 
 Secondly, as touching impofing Laws upon the Laity, in ^^u ^foli- 
 points of VVorlhip and Dodrine , it's evident, though they Fcr Neum * 
 claimed fuch power, they had it not i for when all is done,they 
 were contented at length to get the fupport of the Statute- 
 Laws of this Kingdom, as may appear in the particular Laws 
 concerning the Lords Day, and proceedings againft Hereticks 
 fetling the Popedom in the time of the great Schifm,d^<:. But 
 now all Title of claim is quite taken from them, and all is 
 left in the Supreme Legiflative power of this Nation , as for- 
 merly hath been already tnanifeikd. 
 
 Thirdly, 
 
3^2 The govern- f Hen. 7. ;^ Kings of 
 
 ment of < Hen. 8. j England. 
 
 Thirdly, as touching Matiimonial caufes,their former power 
 of making Laws concerning them, and Teftamcntary caufes,is 
 now abfolutely taken away \ only concerning Matrimonial mat- 
 ters, they had fo much of the Judicatory power concerning the 
 fame put upon them, as might well ferve the King's own turn \ 
 i^H.t. c. li. and that was for determining the|niattcr between himfelfjand 
 the Lady Kathcrirte Dowager, depending before the Arch-Bi- 
 (hop Cranmer : For the King fuppofed the Pope a party ; and 
 therefore mcaned not that he fhould be his Judge : And thus, 
 though the Clergy had acknowledged the King to be their 
 Supreme Head > yet in this, he was content to acknowledge 
 their Supremacy above him, to judge between himfelf and his 
 Queen, and in other matters concerning himfelf; So as upon 
 the whole mattcr,the Convocation were gainers in fome things* 
 in other things, they were only lofers of that, which was none 
 of their own. 
 
 CHAP. XXX. 
 
 of the popper of the Clergy^ in their Ordi- 
 nary JurifdiBion, 
 
 THofe Spirits are truly degenerate, that being fenfible of 
 mifery, cannot ftir up defircs of change, although the 
 way thereto lies open before them : and this (hews the 
 nature of the Romifti yoke, that it lay upon the Spirits of Men, 
 did intoxicate, and make them drunk with their condition i 
 otherwife the Ufurpations , Opprellions, Extortions and In- 
 croachments of the Popedome, upon the Bifnops Sphere, and 
 the people under their charge, could never have provoked fuch 
 complainings amongft all forts,in fcvcral Ages, from time to 
 time. And now that Henry the Eighth , undertakes to fet 
 them free, fo as they would acknowledge his Supremacy, they 
 
 all 
 
The Gov 
 
 Govern- 5 Hen. 7. ^ Kings of 233 
 
 went of C Hen. 8. 5 England, 
 
 all are ihuck dumb, till a Vremuniri taught them to fpeak ; and 
 fo were feared into a better condition than they would have 
 had, and into a more abfolute Eftate of Jurifdidion,than they 
 received from their PredecefTors. The Pope had now ufurpcd 
 a power, /w/Tii ordinary over all Appeals, gained the derinitive 
 Sentence to the Roman See, and had holden this power by the 
 fpace of four hundred years, and the King finding the root of all 
 the mifchief to his Crown from abroad, fpringing from that 
 Principle, meancd not tod ifpute the point with the Cafuifts 
 but by one Statute, took away all Appeals to Row?, andde- iSH.g.c. ji. 
 termined Appeals from the Bilhops Court, in the Arch-Bi- 
 fliop's Court, and the Appeals from the Arch-Bilhop's Com- 
 milTary, in the Court of Audience : So as though in the 
 King's own Cafe, the Convocation had the laft blow \ yet in 
 matters concerning the Subjcds, the Arch-Bi(hop was either 
 more worthy , or more willing with that truft : For though 
 the Convocation might have as well determined all, as well 
 as the Pope ■•> yet for difpatch fake of a multitude of Appeals , 
 now depending at Kome , and to prevent long attendence on 
 the Convocation, that now had much to do in matters of 
 more publick Nature, the utmoft Appeal in fuch Cafes is 
 made Provincial. This ("whether privilcdge or prejudice ) 
 the Ecclefiallical Caufes gained above the Civil , whofe de- 
 finitive Sentence was referved to the Parliament. And thus 
 is the ArchBi(hop made Heir to the Pope, in the greateli 
 priviledge of a Pope, to be chief Judge on Earth in matters 
 Ecclefiallical, within his own Province. A trick that in my 
 opinion much darkncd the Glory of the King's Title of Su- 
 preme Head , which the Church-men had formerly offered 
 up to the Honour of the Crown of this Realm. For be it fo 
 that the Title is in the Crown by Remitter : yet cannot 
 the fame carry along with it any more than a lawful power 
 and whether all the Pope's former povver allowed him by the 
 Canon, or gained by Ufurpation and Cuftom , (lull be faid 
 a lawful power, or whether the power of Review by Ap- 
 peal , n-iall be derived to the Crown, under the general 
 Notion of Supremacy upon the Clergies fubmiffion is to mc 
 
 Kk 
 
234 The govern- \ Hen. 7. i Kings of 
 
 ment of i Hen. 8. 5 Etjgland, 
 
 a doubt (albeit, Imttfigive Honour to the Judgement in Print) in 
 In/tt.^.foJ. regard that after the fubmitlion of the Clergy, the matter con- 
 344- cerningthe Divorce of the Lady Katherine Dowager, came be- 
 
 fore the Pope by Appeal, and there depended the King himfelf 
 alfo, waiting upon that See for juftice , and a definitive Sen- 
 tence in that matter, and thereby acknowledged the Pope's 
 powcT^Vefadoj Notwithftanding the Clergies foregoing fub- 
 raillion,' and being occafioned by the delay at Rome, he procured 
 this Statute concerning Appeals to be made, whereby at one 
 breath he took the Appeals to Rome away, and fettled them as 
 formerly hath been mentioned •, all which was done two years 
 before the Title of Supremacy was annexed, or declared for to 
 be to the Crown, by A<2: of Parliament. 
 
 And therefore, as to me it appears, the power of Supreme 
 Cognifance of Appeals was not in adual poffeffion of the 
 Crown by the Clergies fubmiflion > fo was it actually vcfted in 
 the Arch-Bi(hop before the Title of Supremacy was confirm- 
 ed by (iGtoi Parliament j and fo it never was in the Crown 
 actually poffcired, much lefs had the Crown the fame by Re* 
 mitter : For the King's turn once ferved by the Convo- 
 cation, and the matter of the Divorce of Queen Katherine 
 fettled, the King perceiving the flow Progrcfs of the Convo- 
 cation, the Members of the fame not being yet fufficiently 
 tuned to the prefent Affairs : And moderate Arch-Bi(hop 
 Cranmer likewife forefeeing, that the Odium of thefe Defi- 
 nitive Sentences would be too great for him to bear j another 
 Appeal is provided, more for the Honour of the Crown, to 
 be from the Arch-Bi(hop to Delegates^ to be appointed by the 
 King, his Heirs and Succeffors, foas though their Nominati- 
 on be the Kings, yet their power is deduced immediately from 
 the ParliamentjWhich took the fame from the Arch-Bi(hop,and 
 conferred it upon them. . 
 
 A fecond advantage not inferiour hereto, which the Arch- 
 
 2<H. 8. f.i/. Bilhop gained out of the ruines of the Popedom , was the 
 
 power ot Licenfes and Difpenfations , or Faculties, In the 
 
 Pope, 
 
The Govern- ^ Hen. 7. > Kings of 22% 
 
 ment of I Hen. 8. f England, 
 
 pope, it was a tranfcendent power without any rule but 
 what was tuned to him by the Bird in his own breaft \ 
 and was the ground of much licenfe , or rather licentioufnefs 
 in the World : But in the Arch-Bi(hop, they feem to be regu- 
 lated. 
 
 To be Firft , in Caufes not repugnant to the Law of 
 God. »yR8ir.i». 
 
 Secondly, fuch as are neceffary for the Honour and Securi- 
 ty of the King. 
 
 Thirdly, fuch as were formerly wont to be remedied at the 
 See of Komf \ yet in truth left as much fcope for the Con- 
 fcience of the Arch-Billiop to walk in, as the Pope had in for- 
 mer times-, a large Tcather and greater priviledge than ever 
 the Crown had-, by which, although the King himfelf be like 
 ^<j«/,higher by the Head than all the people, yet in many 
 things 54m«tf/ is higher than he. The moving caufe hereof is 
 not difficult to find out:thc King had but latelymarried the La. 
 dy Anne Bullen-,^ thing that many ftartled at,and the King him* 
 felf not extremely reiolved in \ he would therefore have his 
 way like that of the Zodiack, broad enough for Planetary mo- 
 tion of any one that could not contain himfelf within the E- 
 cliptick line of the Law, and fo (hipped over the Pope's power 
 to the Chair of Canterbury^ and had made a Pope, in ftead of 
 an Arch-Bifbop, but that the man wa^notmadc for that pur- 
 pofe. what the Ordinary Jurifdidlion got or loft, we come in 
 the next place to obferve. • 
 
 Firft, they had ftill their Courts and Judicatory power, but 
 upon what right may be doubted : Their firft foundation 
 was laid by the Civil power of a Law, in the time of lydliam 
 the tirft Norman King \ yet the power of the Pope and Bi« 
 ftu)p growing up together, they came to hold the power of the 
 the Keys by a Divine Right, and fo continued, until thefe 
 times of Henry the Eighth , wherein they have a KetrofpeS 
 to the Rock from whence they were Hrft hewen i and many 
 fcem to change their Tenure, and therewith therefore arc in 
 tight to change the Style of their Courts, and Title of Sum- 
 
 K ^ 2 monSj 
 
2^6 The govern- \ Hen. 7. i Kittgs of 
 
 went of I Hen. 8. 5 England, 
 
 mons, but the times not being very curious, and the work of 
 Reformation but in /Jfri , the more exad lineaments murtbc 
 left to time to finiCh and beautifie. A greater blow did light 
 upon the Law of thefe Courts, which was left as doubtful as 
 the Canons > all which are now put to the queAion, and to this 
 day never received full refolution , but were left to the Par- 
 liament to determine them at leifure \ and in the mean time to 
 the Judges of the Common Law, to determine the fame Law- 
 ful or Unlawful, as occafion Chould require : Neverthelefs, the 
 Courts (Hllhold on their courfe, according to their old Laws 
 and Cuftoms, for their form of proceedings, fome fay by pre- 
 fcription, yet more rightly by permillion i it being a difficult 
 matter to make prefcription hold againft a Statute Law : As 
 touching the matters within their Cognifancc the Law fettled 
 feme, and unfettled others. 
 
 Firft,as touching Herefie, the Church-men formerly thought 
 fcorn the Lay Magiflrate (hould intermeddle, but not being 
 able to ftop the growth thereof by their Church-Cenfures , 
 prayed aid of the Civil Magiftracy \ fo by degrees arofe the 
 penalties of Imprifonment and burning, which brought the 
 whole matter into Cognifance before the Civil Magiftrate, be- 
 caufe no Free-man might be proceeded againft, for lofs of Life 
 or Liberty, but by the Laws of the Nation i and for this caufe 
 
 Mag. Cart. the Civil Magiftrate granted the Writ of Habeas Corpus , and 
 relieved iriany times the party imprifoned wrongfully,or granted 
 
 InJlit.i.fA.tfi. prohibition as they faw caufe : And therefore it cannot be 
 faid rightly , that the fole or fupreme Cognifance of this 
 crime of Herefie belonged to the Clergy before thefe times. 
 Nor did their proceedings upon the Writ of Burning War- 
 rant any fuch thing, partly bccaufe till thefe times the Ca- 
 non Law was the beft ground that thefe proceedings had , 
 and the courfe therein was not fo Uniform as to permit the 
 Title of a Cuftom to warrant the fame : Convidion being 
 fometimes by jury, fometimes according to the Canon, fome- 
 times before the Ordinary , fometimes before the Convo- 
 cation , fometimes before the King , fometimes before 
 
 fpecial 
 
The govern- J Hen. 7. ^ Kings of 297 
 
 ment ef I Hen. 8. 5 England, 
 
 fpecial Delegates, as the Hiftories of the Martyrs more 
 particularly fet forth, and no Adt of Parliament politive in 
 the point. But the time is now come when nigheii Refor- 
 mation, that the thing is fettled more to the prejudice of Re- 
 formation than all the endeavours foregoing i like to the 
 darknefs of the Night, that is at the fuperlative degree when 
 nigheft break of Day. A Statute is now made, that indeed 
 quite blotted out the very name of the Statute of Henry i^H.?.c.x^. 
 the Fourth , Ve h£retic(} cgmburendo , but made compleat 
 that Statute of 5 Kich. 2. and the other of 2 Hen. 5. both 
 which were formerly neither good in Law, nor effedual, 
 otherwife than by Power ■-> and gave more fcttlcment to the 
 Ordinaries proceedings in fuch Cafes ; For the Delinquent 
 might be convid before the Ordinary by WitneiTes, or mi^ht 
 be indided at the Common Law, and the indidment cer- 
 tified to the Ordinary as Evidence : yet did the Parliament 
 carve them out their work ■, and in exprefs words declared , 
 That opinions againft the Authority and Laws of the Bifliop 
 of Konte were not Herefic, and by the fame reafon might 
 have done more of that kind , but that was enough to tell 
 all the World that the Parliam.ent could deiine what was not 
 l^refie , although they did not then determine what was 
 Herefie : And thus the judgement of the Romifli Church is 
 called into queftion, in one of their Fundamentals, and the 
 Clergy left in a Mufe, concerning the rule upon which they 
 were to proceed againft this crime. 
 
 The Parliament within fix years after, undertakes, though 
 fomewhat unhappily, to determine and define certain points 
 of Controverfie, which had fome relation to the Worftiip of 
 God , and the publick Peace , and declared the contrary to 
 thefe determinations to be Herefie, and the puni(hment to be 
 Death and Forfeiture, and the trial to be before Commif- jiHg.c. i^ 
 fioners by Jury onteliimony of two Witnefles, or by exami- 
 nation in the Ecclefiafiical Court, or inquifition in the Leet 
 or Seflions of the Peace. Upon tlie whole matter therefore 
 the Oidinary had a particular Power to determine Herefie i 
 
 but 
 
 ; 
 
2 SS The Govern- ^ Hen. 7. 7 Kings of 
 
 fftent of i Hen. 8. i England. 
 
 butthePaifliament determined fuch Herefies as were punifh* 
 able, with Death and Forfeiture, by enumeration in (he fix 
 Articles. This was the Clergies Primmer, wherein they im- 
 ployed their Rudy, as making moft for their deiign , and laid 
 afide thoughts of all other Herelies as dry Notions, or old fa- 
 shions laid afidejand not worthy the fetting forth to the common 
 fale. 
 
 Secondly, the Leflbn concerning Marriage was no lefs diffi- 
 cult for the Clergy to take out : They were put by their former 
 Authority derived from abroad, and their ancient rule of the 
 Canon Law i with the King's leave they do what they do, and 
 where they doubt they take his Commiilion, fodid theA«4F. 
 :j y H.i.Rat. Bifhop of Durham in the Cafe between John and Jane Yiffjer j 
 fat, /;. 15. in theKing'sCafe,the determining part is put to the Parliament's 
 Conclufion i and for a rule in other Cafes, fome perfons are 
 I f //.f?. c.%. enabled to marry, which formerly were not, viz.. Mafters of the 
 37 H8.C.17. Chancery, and Doaors of the Civil Law i and fome forbidden 
 Marriage, as all Priefts by the Statute of the fix Articles. And 
 1^8 '^'^'$ ""^° ^^^ ^^^ concerning degrees of Confanguinify, or Affinity, 
 ji « c. 3 . a particular enumeration is appointed to be obferved ■, within 
 which, Marriage is declared unlawful, all other further off are 
 made^lawful. In all which regards the Cognifance of Matfi- 
 monial Caufes is theirs only by leave. 
 
 Thirdly, Refidency, and Non-rcfidency, was a Theme for- 
 merly learned from the Canon Law, in which as alfo in the 
 thing it felf, the Clergy were the only skilful men. The rule 
 o^ the Canon Law was ftrid enough, confidering the times 
 but it was not fteel to the back. The Parliament now under- 
 takes the caufc i and though it gave, in fome refpeds, more 
 liberty than the Canon, yet ftood it better to its tackling, and 
 kept a ftrider hand upon the reins,than was formerlyufed,and by 
 giving a general rule for DiXpenfation, took away all arbitrary 
 21 H 8, c. 13. Difpenfations, and Licenfes, which were formerly granted be- 
 
 rlnT'c IX y°"^ ^^* '^"'*' ^^' ^^^f °f Silver or Gold i and made all pra- 
 
 • • • ^ difcs contrary to the rule, damageable to the party. Thus 
 
 far concerning the matters in Cognifance j now touching the 
 
 power 
 
 \ 
 
 1 
 
 I 
 
the govern- f Hen. 7. 7 Kings of 239 
 
 ment of I Hen. 8. i England, 
 
 power of the Keys, Engli(h Prelacy having laid alide the pre- 
 tentions of K«w^, they put the World to agaze, to fee which 
 way they would go. In the innocent infancy of Prelacy it was 
 led by the hand by the Presbytery , and would do nothing 
 without them ; afterwards having gained fome degree of 
 height and ftrength, they entred themfelves to be Chariot 
 Horfes to the Roman Sun, till they had fet all on fire > now 
 unharneil, it is expedted they (hould return to their former 
 wits \ ncverthelefs forgetting their ancient yoke fellows, the 
 rural Presbyters, thejr ftable with the King, ufe his name 
 fometimes, but more often their own \ ferving him with Su- 
 premacy , as he them with Authority beyond their Sphere i 
 theyraife him above Parliament, he them above Councils i 
 fo as they do what they lift, let the Plebeian Presbyter will or ^„i,a 2rit 
 nill i they are the only numeral Figures, and the other but 
 Ciphers to make them, Onmibut nnmeris ahfoluti : Neverthe- 
 lefs, the Canon ftill remains the fame , Epifcopi fe debent fche 
 Vresbyteros^ uon Vominos^ ttee debent in clerum dominari^ Epif- 
 copus fefedente Hon permittat Presbyterumjiare. Epifcopi mverint DiHtn. Sec 
 Je magis confftetudine quam difpenfatione Presbyteris majores ^ c^.HJio^^ i.e. 
 Kings may make them Lords, but as Biftiops they hold ^-f'^- '^^fl-^- 
 their former rank alligned by the Canon; as Lords, the King P^f^^P^^- 
 never gave them the Keys, and as Biihops the Canon did not i 
 yet as under the joynt Title of Lord Biihops, they hold them- 
 felves priviledged to get what power they cam two things they 
 reach at, viz. The abfolute power of Imprifonment, and of 
 Excommunication in all caufes Ecclefiaftical. The common InRit.^.fiJ. 
 Law would never yield this » fome Statutes in fome cafes did 40. 
 pretend. 
 
 Firft, as touching Imprifonment, the Statute of Henry the 
 Fourth concerning Herefie doth lifpe fome fuch powers oi 
 what force the fame Statute is, hath been already obferved ; iH-j c 
 in cafe of incontinency of Church-men, it is more diredly 
 given them by a Statute in Henry the Seventh's time, before 
 which time the Statute it felf doth intimate, that an Adion 
 did lye againrt them for fuch Imprifonment , which Law 
 
 alfo 
 
240 The Govern^ J Hen. 7. o Kings of 
 
 ment of i Hen. 8. j EtigUmi. 
 
 fo was made ufekfs'by another in Henry the Eighth's time, 
 who gave | way to Statutes for the punitliing them at the 
 common Law, 
 ji H?.f.i4. Firli, with Death, which continued for fome Months, and 
 32^.8. £-.10. that being found too heavy, it was punifhed by another Law, 
 with Forfeiture and Imprifonment. And the fame King like- 
 wife gave way to a Law for the like puni(hment in cafe of 
 Herelk. By that Law that revoked the Statute of Ho/ry the 
 p*2$7. Fourth formerly mentioned, although till trial, the fame was 
 bailable : And th'us continued till th^ time of Edrvard the 
 Sixth. 
 
 But as touching Excommunication, it was to no purpofe 
 for them to (truggle , the common Law would never per- 
 mit them to hold poflellion quietly i but did examine their 
 J 4 H.4. C.I 2. Authority , granted prohibition , enjoyned the Ordinary 
 30Z.5. i^fi.xo grant abfolution where it faw caufe : neverthelefs in 
 ^^" r fome cafes Hf«r)/ the Eighth gives way to fome Statutes, to 
 Htl j^'h -r^' 2^0 w them this Power, as in the levying of Tenths. In the 
 pli^y "' next place the Prelacy had not this Ecclefiaftical Jurifdidion 
 z6il.2. f 5, in themfelves, fo as to grant it to others, but the Parliament 
 did difpofe thereof, not only to BiiTiops, but to Chancellors, 
 Vicars general, Commiflaries, being Dodtors of the Law, and 
 37H.8 c. 17. not within holy Orders, and limiting their Jurifdidion in 
 cafes concerning the Papal Jurifdidion j and their manner of 
 fending their Proccfs and Citations , to draw men from 
 i}H.2.c.^, their proper Diocefs, and alfo their inordinate Fees in Cafes 
 Teihmentary. The Prelates therefore might pollibly make 
 iin.2.c.^. great claim hereof, for generally they were ftill of the old 
 itamp, loved to have all by Divine Right, and lived, they ca- 
 red not by what wrong : But the Laity inclining too much 
 to the new Religion, as then it was termed, refufed to yield 
 one foot unto their pretentions : And fo like two Horfes tied 
 together by their Bits, endeavour after feveral courfes , ever 
 and anon kicking one at another, yet ftill beftrodeby a King 
 that was joynted for the purpofe ^ and fo good a Horfe man 
 that neither of them could unhorfe him, till Death laid him 
 on the ground. And thus was the F>.oman Eagle deplumed, 
 
 every 
 
The Govern- i Hen. 7. 1 Kings of 341 
 
 ntent of c Hen. 8. j England, 
 
 every Bird had its own Feathers, the great men the Honours 
 and Priviledges, the meaner men the Profits, and fo an end to 
 Annates, Legatine levies^ feter-peme^ Mortttatief^ Monajieries^ 
 and all that Retinue, the vaft expcnces by Bulls and Appeals 
 to Kotne^ to all the cares, cxpences,and toil in attendance on the 
 Roman Chair : The beginning of all the happinefs of England. 
 
 CHAP. XXX J. 
 of JudicatHre. 
 
 THcfe two Kings were men of towring Spirits, liked not 
 to fee others upon the Wing, in which regard it was 
 dangerous to be great, and morefafe not to be worthy 
 of regard : Efpecially in the times of Henry the Eighth, whofe 
 motion was more eager : and there ^as no coming nigh to him, 
 but for fuch as were of his own train, and would follow as faft 
 as he would lead i and therefore generally the Commons had 
 more caufe to praifc the King for iiis Juftice, than the Nobili- 
 ty had. Both the Kings loved the air of profit palling well (but 
 the later was riOt fo well breathed) and therefore had more to 
 do with Courts, which had the face of Juftice, But behind 
 were for the King's Revenue : Such were the Court of Re- 
 queih, of mean Original, mean Education, yet by continuance 
 attained to a high growth : The Court of Tenths and firft 
 Fruits: The Court of Surveyors: The Court of the Lord 
 Steward of the Houfhold : The Court of Commillion before 
 the Admiral: The Court of Wards: The Court of the Pre- 
 fidentof the North: The Prerogative Court; The Court of 
 Delegates : The Court of Commillion of Review : Others of 
 more private regard : And (that which might have given the 
 name to all the reft) the Court of Augmentation. Bclides thcfe 
 there were fome in Wales \ but that which concerned more the 
 matter of Judicature , was the lofs of that grand Liberty of 
 that Country, formerly a Province belonging to this Nation, 
 
 LI and 
 
843 rhegdv^rn- S Hen, 7. 7 Kings of 
 
 mi fit of L Hen. 8. -I England, 
 
 t8H.8.f.3 and now by Hemy the Eighth incorporated into the fame, 
 and mad€ a Member thereof, and brought under the fame 
 Fundatnental Lawy a work that had now been long a doing , 
 and/rom the time of Edward, the Third brought on to per- 
 fedi"oni)e degrees. 
 
 Firft , by annexing the Tenure of the Marches to the 
 Crown : Then upon occafion of their Rebellion by iofs of 
 mjny of their wonted Liberties. Afterwards Henry the Eighth 
 detaccd the bounds of diversfthe ancient Counties, and fet- 
 led them anew, and the bounds of the Marches alfo, and ap- 
 pointed Pleas in Courts of Judicature to be holden in the 
 Englifh Tongue. 
 
 . And laft of all reunited, them again to the Englifli Nation , 
 giving theni: vote in Parliament, as other parcel of the Eng- 
 Kflf. Claui. lith Dominions had. True it is, that from their firft fubmim- 
 ioJ.a.-M.3- on, even unto Edtvard ihe Fiili , they were fummoned unto 
 Parliament, and had vote there, but only in order to the In- 
 xj£,i. In terertsof their own Country, now and henceforth they poffefs 
 Dcrf.M.i^. one and the fame vote as Englifh men. Secondly, as Courts 
 and judicatories multiplied, fo fome alfo of thofe that were 
 ancient enlarged their Jurifdidion, efpecialiy fuch of them as 
 moll nighly related to Perogativej amongft others, the privy 
 Council leads the way : Who now began to have too much to 
 do, in a double capacity, one at the Council Table, the other at 
 the Star-Ghamber : For now their Power began to be diverfly 
 confidered. In their firft capacity they had too much of the 
 Affairs of the Common Pleas, in the later they had too much of 
 the Crown Pleas i both of them ferving rather to- fcare men 
 from doing wrong, than to do any man right. And therefore 
 though fome men might feem to have fome recompence,yet the 
 greateft gain fell to the King and his Courtiers, and thus be- 
 came Majefty, or State, or Prerogative, to be more feared than 
 beloved. What the Power ot the Council was formerly, hath 
 already been maniftfted , that which both thefe Kings con- 
 fpircd in, and whereby they giined more power over the 
 
 people 
 
■ . r i \ i ' ,1 
 
 The Govern- c Hen. 7. ^ Kif/gs of ^^o 
 
 mentof \ Hen. 8. ^ EngUnd. 
 
 people than all their PredecefTors, was this, that other Kings 
 hood too much upon their own leggs, thefe leaned much upon 
 the Lords, and gained the Lords to ftickclofe to them » and 
 in this they had both the Kings Love, and the Peoples Leave, 
 who now disjoyntcd upon feveral Interelh, cfpeciajjy that of 
 Religion, muft be contented to let go that which they had no 
 heart to hold. And thus they obtained a Judicatory Power 
 over the people ^ like that of great men whofe ccnfures are 
 commonly above capacity, and not like to that of the Peers. 
 This was begun in Henry the Seventh's time, who taking occa- 
 (lon to complain of corruption and negled: in ordinary Trials 
 of the common Law. gets the people to yield to the Council , 
 or fomeof them, a Power of 0/fr and lermmer^ by examina- 
 tion upon Bill, or information in matters concerning Mainte- 
 nance, Liveries, Retiindcrs, Embraceries, corrupti<ui in Sheriffs 
 and Juries, Riots, and unlawful AlTemblies, crimes all of them 
 of the fame Blood with Rebellion, which the King as much , H-i.ci, 
 hated as the thought of his Title to the Crown i and there- 
 fore would have it feared, as much as the puni(hment by fuch a 
 mighty Power , and a Trial of a dreadtul Nature could ef- 
 fed. A Trial, Uay, wherein both the guilty and the guilt- 
 lefs adventure their whole Ertates, againii the edge of the ar- 
 bitrary wills of great men of unknown Intcreds, in an un- 
 known way, at unknown places i having no other affurance 
 how,or when to come off, but a Proclamation to tell the peo- 
 ple,that the King above all things delighted in Juftice. A bitter 
 pill this was for the people to fwallow,yet it was fo artificially ^ ^.7. <;.ji. 
 corapofed, that at the firft talk it gave a pretty rellifh, the 
 King delights in Juftice, the Chancellor hath his Confcience, 
 the Arch-Bilhop brings Religion, the Judges bring Law, fo as 
 it's probable nothing will be done,, but according to Juitice , 
 Confcience, Religion and Lawi a very fair mixture, but that 
 there was a Treafurer in the Cafc^yet the fuccefs anfwercd not 
 expedation, the perfons offended were many times inferiour, 
 and their Eftates not great, the Offenders more mean, and of 
 defpprate fortunes i for great men were too wife to try this 
 ne\yrWi^y, or to tafte of theii entertainment, Therefore within 
 
 L 1 a nine 
 
344» Th^ govern- t Hen. 7. ^ Kittgs of 
 
 ment of \ Hen. 8. 5 England, 
 
 nine years the Judges of Aflize are bctrufted withallj and that 
 Court fo continued for as many ycarsmore i and then the King 
 iiH.f, s.}, marked out one crime amongft the reft for his own tooth, be- 
 longing to the great men only, for they arc only fo commit 
 the crime, and to give rccompencefuitable to the King's Appe- 
 tite ; It is giving of Liveries, and Retainders, a fore evil in the 
 eyes of a jealous King, tending to draw the inferiour fort to ho- 
 nour and admirc,and be of the fuit of thofe ofthe greater fort.and 
 then beware the Crown. Thefe therefore muft be tried before 
 the Kinghimfelf and his Council, that he may know whom he 
 19 H,7. C41' is to fear, and of whom to take heed. And hereupon is a flrange 
 power given, to furamon upon a meer Sufpicion ; To proceed 
 without Information : To examine the Defendent upon Oath, 
 and make him his own Accufer. To punifti according to dif- 
 cretion, by Fine and Imprifonment : and thus the King and his 
 Council havegotten a power under colour of Liveries and Re- 
 Jainders, to bring the whole Kingdom to be of their Livery, or. 
 elfe they can fufped whom they pleafe , apprehend whom 
 they fufped^, put him prefently to the rack of confelfion,and fo 
 into prifon, till he hath fatisfied both difpleafure,and jcaloufie, 
 and covetoufnefs it felf^ Never was England before now in fo 
 low a, degree of thraldom, bound under a double knot of felf- 
 accufmg, and arbitrary Ccniure, and this out-reached, not only 
 in matters meerly Civil, tending to the common Peace, but was 
 intruded alfo into matters Eccleliaftical in order to the Peace 
 of the Church. All bound unto the good behaviour,- both in= 
 Body and Soul, under peril of lofs of all that a man hath dear 
 to him in.xhis .World. . The plot of all this was laid by Henry 
 the Seventh, and was followed by. Hcjtry the Eighth, who put 
 that into pradiceC which his Father had in dcfign) being led 
 thereto by fuch a skilful Guide as Cardinal ■^''^^yj^ was, who, 
 tliough of rpean^Biitb^ yet of. a Spirit above a King, and equat 
 to fhc,Ppp€dom^:{irained the firing of Prerogative to its ut-^ 
 moft , height, and then .taught. the King to play thereon ■» which 
 he di4 after his blunt manner till his dying* day. And' thus 
 though tt^c Clergy aie.hrought a peg lower, and tht Nobility 
 advanfc^ higher, yet-wasittiiejpolicyofthtfeKiniga io'^ake 
 
 r-. ' t them 
 
Tke govern* T Hen. 7. ^ Kings of 045 
 
 fftent of C Hen. 8. y England, 
 
 them all of their own Livery and Rctain<Jer(hip, to keep them 
 in an upper region, looking on the poor Commons at a di- 
 ftance far below •, and well it was for the Commons thus to be^ 
 till the influence of thcfe blazing Stars grew cooler. 
 
 CHAP. XXXIL 
 
 of the MrlitU. 
 
 JT may fall within the verge of opinion, that the guilty Title^ 
 of Henry iht Seventh to the Crown of England^ gauied his 
 mind with jealoufie, the greatcft part of his Reign : Whether 
 it were that he had not declared himfelf fo fully upon his Title 
 by his Wife, or that as yet he feared fome unknown FlaMta- 
 genet would aiife and put his Crown to the queftion : This 
 made him skilful in the point of Fortification C wherein he like- 
 wife fpent the greatefi part of his Reign j not fo much by force 
 of Arms (for he cared not much for that noife, well knowing 
 that Peace is the fafer condition for a King that comes in by 
 po,wer) but principally by way of gaining, concelhons and ac- 
 knowledgement from the Subjeds, a Mulick that hetnuch de- 
 lighted to hear, well knowing it would conclude thofe a- 
 mongft them that knew too much , and inftrud them that 
 knew too little « and fo in time he (hould pafs for currant a- 
 mengft them all. It was no hard matter for the King to ac- 
 complilh this, the greater part of the Kingdom being pre- in- 
 gaged UDtohisTitle,'andof them many depending upon him 
 for livelihood, if he failed, they-muft look to lofe all. But 
 the prefent occafion Airged more importantly-^ the Title to 
 the Crown was already put to the quertion, by the prcteniJ- 
 onsof cnc that named himfelf Duke oilorl^: And it's now 
 
 high 
 
24^ I'ke Govern- C Hen. 7. -^ Kings of 
 
 ment of I Hen. 8. j England, 
 
 high time for the Law to declare it felf, to dired the people 
 in fuch a Cafe : What (ball the people do where Might over- 
 comes Right , or if days come like thofe of Henry the Sixth , 
 wherein the Subjtdis fliould be between two Mill-flones, of 
 one King in Title, and another King in polTeffion, for whom 
 mutt they take up Arms ? If for 'Edward the Fourth,then are 
 they Traitors to Henry the Sixths if for Henry the Sixth, then 
 are they Traitors to Edrvard rhe Fourth » and fo now, if for 
 HeMry the Seventh, then they may be Traitors to the Duke of 
 Tork^-, if for the Duke of ICork^^ then are they Traitors to Henry 
 the Seventh. For though the Duke of Tork^wis faid to be but 
 a contrivance of the Houfe oi Burgundy s yet a great part, both 
 of the great men and others were of another opinion, and the 
 King himfelf was not very certain of his condition for the 
 fpaceof iix years thereby. This puts the Title of Allegiance, 
 and that power of the Militia to the touch : at length both 
 King and Parliament come to one Conclufion, conlilHng of 
 three particulars. 
 
 Firft, that the King, for the time being (whether by right 
 or wrong) ought to have the Sub)cd:s Allegiance, like to that 
 of the wife Councellor, of that brave King of Jfrael^ Whom 
 the Lord and hit People^ and all the men of Ifrael chufe^ his will 
 I be. And this is not only declared by the exprefs words in 
 
 g I H.7. C.I , the Preface of the Law, but alfo by the King's own pradiice : 
 for he difcharged fuch as aided him againft Richard the Third 
 
 I H.J. c. 6. then King, by pardon by Parliament i but fuch as aided him, 
 being King^by Declaration of the Law. 
 
 Secondly, that this Allegiance draweth therewith ingage- 
 ment for the defence of that King and Kingdom. 
 
 Thirdly, that the difcharge of this Service , whereto the 
 Subjcds are bound by Allegiance, ought not to be imputed un- 
 to them as Treafon : Nor thall any perfon be impeached or at- 
 tainted i therefore the firft and the laft of thefe need no 
 
 difpute* 
 
 ^ The 
 
The govern- X Hen. 7. ^ Kings of 247 
 
 ment of \ Hen. 8. f England, 
 
 — ■I II' I I M^iM !<■■■ Ill' I .1. w^ ■■■■ , , III i—ii^— ^,1^^,^^,,^ ■ — rfi— aae^^— "^"^ *^ 
 
 The fecond is more worthy of confideration, in the particu- 
 lar words fet down in the Statute, viz. That the Suh'ieUt are to 
 fetve their Trince in hit IFars^for the defence of him and the Land^ 
 again^ every Rebellion^ Porver and Mighty reared again\\ him^ and 
 with him to enter and abide in Service in Battel. Wherein two 
 things are to be confidered, the fcrvice, and the time or occa- 
 tlon. 
 
 The Service, is to ferve the Prince in his Wars, and with 
 hinr\ to enter and abide in Service in Battel > which is the 
 lefs to be ftood upon, becaufe there is a condition annexed i 
 if the cafe fo require, which murt be determined by fomc 
 Authority , not particularly mentioned , albeit, that whatfo- 
 even: is therein fet down, is only by way of fuppofal in a Pre- 
 face annexed to the Law by the King, and permitted by the 
 Commons, that were as willing the fame (hould be allowed, 
 as the King himfeif , both of them being weary of Wars , 
 and willing to admit this Conclufion for the better fecurity of 
 them both in thcfe doubtful times. But to layallthefe afide , 
 for the Cafe is not ftated, till the Caufe be confidered. All this 
 mult be onW when and where the King's Perfon and Kingdom 
 is indangered by Rebellion, Powci or Might , reared againft 
 him. So as the King's Perfon muft be prefcnt in the War for 
 the defence of the Kingdom, or no man is bound by his Alle- 
 giance to hazard his own Life , and then this point of Allegi- 
 ance conlilleth only in defending the King in the defence of tfie 
 Land, or more particularly in defending the King's Perfon, he 
 being then in the defence of the Land , and defending him in 
 order to the defence of the Land. So as no man can rationally 
 infer from hence, that the King hath an univerfal power of Ar*- 
 ray when he pleafes, becaufe the King, when he pleafes, may not 
 levy War, nor make other War than a defenfivc War, wiien the 
 Land is indangered, or when need (hall require, as another Sta- 1 1 tJ.7 c, 
 tute hath it. But who flull determine this need or danger, nei- 
 ther in thefc or any other Laws is mentioned^ either out of want 
 of occafion,or by reafon of the tendernefsof the times, wherein 
 both Prince and People were willing to decline the gueftion. 
 
 Secondlyj 
 
.348 '^he Govern" J Hen. 7. 'j Kingi-of 
 
 ment of \ Hen. 8. j England, 
 
 Secondly , the perfons that are to do this Tervice, are to be 
 confidered of, and although they are indefinitely fet down im- 
 der the word Subje(^s , it may be fuppofed , that the word 
 is not to be taken in fo large a fenfe, as to comprehend all of 
 ^11 Ages, Sexes, Callings and Conditions-, in regard that even 
 by the Common Law, fome of each of thcfe forts are dif- 
 charged from fuch fervice. But it may feem,the King was nei- 
 ther latisfied with the oppreflions of this firft Law concern- 
 ing the occafion or time of this Service » nor did he fee fuffici- 
 ent ground under the Notion of bare Allegiance to defire more : 
 New ways are by him found out, his Patentees were not a few, 
 and although few or none could ever boaft much of any cheap 
 purchafes gained from him (for he was wont to be well paid 
 before-hand for his Patents, either by Money, or that which 
 was as beneficial to him) yet he was refolved, that their hold- 
 ing (hould be no lefs advantagious to him, than their having \ 
 and therefore in plain words he lets them know, that notwith- 
 ftanding former conlideration, upon which they had their Pa** 
 tents at the firft, they muft fight for him, if they will live upon 
 UH. 7. f.iP, him i and either adventure their Lives or their Benefit, chufc 
 they which, and if they find fault with their <:ondition, be 
 touches them with the Law of their Allegiance : and thus he 
 jiukes way to intimate a claim of a more abfolute Allegiance, 
 for being to (hew the Equity of the Law, in regard of their 
 A'legiance, he tells them that every Subjedt is bound by his 
 Allegiance toferve and ailift his Prince and Soveraign Lord , 
 at all feafonswhen need (hall requires general words, that 
 affirm nothing in certainty, yet do glance (hrewdly upon an 
 abfolute and univerfal alh(\ance; Then coming to drive the 
 nail home i it is faid that the Patentees are bound to give 
 ^ their attendance upon his Royal Perfon, to defend the fame 
 
 when he (hall fortune to go in his perfon to Wars, for the 
 defenft of the Realm, or againft his Rebels and Enemies i 
 fand as another Statute addcth J within the fame Kealm^ or 
 without^ and according to their Allegiance , and not to depart 
 tpithout ejpecial Licenfe, or until general Froclamation of dif- 
 mi^ton, In(hort therefore here is .a new Militia, as touching 
 
 the 
 
The Govern 
 
 'Govern- 5 Hen. 7. . Kings of 249 
 
 went of t Hen. 8. y England. 
 
 the King's Patentees, they muft attend the Kings Perfon whi- 
 ther ever the King will lead them, either w ithin the Realm or 
 without i whether againft fuch as he will fuppoft: to be his Ene- 
 mies abroad, or if he will miftake his Subjects for his Enemies 
 at home : And this under the colour of Allegiance, publiOied 
 in doubtful expreilions; as if it were not meet th^t Henry the 
 Seventh (that loved not to yoke himfelf to the Law ) fhou/d 
 yoke his' SSffP under the Laws of plain language : Or rather 
 thathehelditapointofpolicytopubli(hhis Lawsin a doubt- 
 fcn ftile,that fuch as durll queftion his Laws might have no po- 
 litive charge againft them i and fuch as dared not to enter into 
 the lifts with him,might not be bold to come nigh the breath of 
 them. Neverthekfs, neither doth the glance of Allegiance in hHj rg 
 the Preface of the former, nor in the body of the later Statute ' 
 
 any whit confirm, that what is in them enaded, is done upon 19H7 ci 
 the ground of Allegiance, but contrarily when as the firft Sta- 
 tute Cometh to the point , it ftartles from the ground of 
 Allegiance, and flics to the ground of a kind of Equity 
 or Reafon. And the fecond refortcth to the firft as its pro- 
 per ground , as being a fupplemcnt thereunto in Cafes for- 
 gotten, and fo omitted i though it may be rather thought 
 chat the King creeping up into his height by degrees, made 
 the former only as an cffay to prepare the way for the 
 later, like the point of the wedge that maketh way for the 
 bulk and body thereof. The truth of this alTertion will be 
 more manifeft from the nature of both thefe Laws , bdn2 
 limited,both in regard of time and perfon. In regard of time 
 for both thefe Laws are but temporary , and to continue' 
 only during the Life of He)iry the Seventh , in regard the 
 advancements therein mentioned , as the moving caufe are 
 only the advancements made by himfelf. In regard of the 
 perfon, for all perfons that received advancements from him 
 are not bound thereby , namely thofe that come in to fuch 
 advancement by purchafefor Money : Neither are Judges and 
 other Officers excepted perfons in the faid Statutes. It there- 
 fore Allegiance had been the ground of thefe Laws, it had e- 
 qually bound all who are under the Bond,and no Equity could 
 
 M m have 
 
250 The govern- ^ Hen. 7. 7 Kings oj 
 
 mtnt of C Hen. 8. j Etjgland. 
 
 have given a general Rule of difcharge unto fuch condition oi 
 men * It had likewife bound as well formerly and afterwards, 
 as during this King's Reign,and therefore what ever femblance 
 is made therein concerning Allegiance, there had been no need 
 of fuch Law, it Allegiance could have done the Deed, or if 
 the power of Array had been of that large extent, as it hath 
 lately been taken. In my conceit therefore, thefe two haws 
 do hold forth nothing that is new, but a mind that Henry the 
 Seventh had tohll his Coffers, though his mirxl would not fo 
 fill i he would have Soldiers, but they muft be his Patentees, 
 not for any skill or valour in them above others, but he hoped 
 they would compound with him for Licenfes to abfent, ra» 
 ther than to adventure themfelves, and fo he might get the 
 more Money that could Hnd pay for Soldiers more and better 
 than they were or would be j for otherwife the Patentees 
 might by the Statute have been allowed to ferve the King by 
 their Deputies, which would have done the King better Ser- 
 vice in the Wars, than themfelves could have done, and for 
 this very purpofe, much ufe was made of thefe Statutes, as 
 well by Henry the Seventh, as Henry the Eighth, both for Li- 
 cenfes and Pardons, for compofition in fuch Cafes, as their Re- 
 cords do plentifully (hew. 
 
 Secondly, let the Claim of Kings be what they will, yet the 
 matter in fad (hew/plainly that they never had poffelfion of 
 what they claimed : Both thefe Kings pretended a Foraign 
 • War, each of them once againft one and the fame Nation, and 
 to that end advanced to one place wi|h their Armies s although 
 the one went in good earneft, the other in jelt : Their Armies 
 were not gathered by Prerogative, but of Voluntiers, this not 
 only the Records , but alfo the Statutes do clearly fet forth. 
 Some Soldiers ferved under Captains of their own choice, and 
 therefore the Law inflideth a penalty upon fuch Captains, as 
 bring not their number compleat, according to their under- 
 7 H7. C.I. taking, other Soldiers are levied by Commilfion, by way of Im- 
 preft, which inthofedays were Voluntiers alfo, and expeding 
 favour from the publick, the rather bccaufe they devoted them- 
 felves 
 
The govern- X Hen. 7, 1 Kings of 2 5 1 
 
 mcnt of C Hen. S- 3 ErfgUnd. 
 
 felves thereto without relation to any private Capfaini wjliing- 
 ly therefore received impreft Money : And of this courfe the 
 State faw a ncceflity, botli for the better choice of men, and 
 for the more publick owning of the work : For fuch as 
 had been ufually levied by the Captains, were fit only to fill 
 up room, and make up the number, and yet many times there 
 was a failing in that alfo ^ and this manner of railing the In- 
 fantry was continued by Henry the Eighth , as by the like yH.'.f. f. 
 Law in his time may appear. As touching the levying of 
 the Horfe , although divers Statutes were made for the 
 maintenance of the breed of Horfes, and Perfons of all de- 
 grees of ability, were aflened at the finding and maintaining 
 of a certain number of Horfes, yet do none of them tell us 
 that they fhall find and maintain them armed compleatly 
 for the W ars, nor fhall fend them forth upon their own charge, , ^ // o - - 
 and therefore I fuppofe they were raifed as formerly s thefe two ^^ h g c.y 
 Kings had the happinefs to be admired, the one for his (hrewd 
 cunning Head, the other for a refolute and couragious Heait: 
 And it was no hard matter to find men that loved to ingratiate 
 themfelves, and endeavour to catch their favour, though with 
 the adventure of their Lives, efpecially if they looked after 
 Honour and Glory, which^n^a Crown they fay pitched at the 
 Goal of their Anions. '^ 
 
 Thirdly, concerning the pay of the Soldier , the Law was 
 the fame as formerly, the fame was afcertained by the Statute- 
 Law i the payment was to be made by the Captain, under pe- -jH.j.c.i. 
 ril of Imprifonment, and forfeiture of Goods and Chattels, and 3 H.8. c. f. 
 the true number of the Soldiers to be maintained and lilted , 
 under the like peril. 
 
 Fourthly, as touching the Soldiers fervice , the fame courfe 
 alfo was taken as before •, if they diffcrt their Colours , they 
 (hall be punidied as Felons, and the manner of trial to be at the 
 Common Law. 
 
 Fifthly, for Fortifications, the power properly belongeth to 
 
 M m 2 the 
 
352 The govern- \ Hen. 7. ^ Kings of 
 
 ment of I Hen. 8. 5 England. 
 
 tl 
 
 the Supreme Authority, to give order therein : For the people 
 may notfortifie themfelves (otherwife than in their particular 
 Houfes, which are reputed every man's Caftle^ becaufe publick 
 Forts are enemies to the publick Peace, unlefs in cafe of publick 
 danger » concerning which, private perfons can make no de- 
 termination. And furthermore, no Fortifications can be made 
 and maintained, without abridgement of the Common Liber- 
 ty of the people, either by impairing their Free-hold, or ex- 
 ading their labour', or other Contribution, none of which 
 ought to be done, but by publick Law i and therefore when the 
 Inhabitants of the County of Cornwal were to make defence 
 againft Invafion and Piracy, from the Coaft of Little Britain^ 
 in regard they were a long flendet County, and upon fudden 
 furprifals people could not fo readily flock together for their 
 joynt defence , they obtained an Ad of Parliament to give 
 4H.8.C.I. them power to fortifie the Sea-coafts, according to the dire- 
 ction of the Sheriff and Juftices ot the Peace. 
 
 Laftly, Wars once begun, muft be maintained at the charge 
 of the undertakers : If they be the King's own Wars, he muft 
 maintain them out of his own Treafury, till the benefit of them 
 do prove to the common good', and infuch cafes the charges 
 have been fometimes provided before the work, by Ad: of Par- 
 liament, and fometimes after. 
 
 Henry tbe Seventh, and Henn the Eighth, both of them at 
 their feveral times went to Boloigne with their Armies ; Uen" 
 ry the Seventh with an intent to gain profit to himfelf by an ad- 
 vantagious peace, and had his ends therein, and was a(hamed 
 to ask aid of the people towards the charges of that War. 
 
 Henry the Eighth went upon his own charge alfo with his 
 Army, trufting to the Parliament for confideration to be had 
 of his imploymentC wherein his expedationdid not failjand in 
 his abfence, made Queen Katherine General of all the Forces of 
 England in his abfence, and gave her power , with other five 
 Noble Perfonages, to take up Money upon Loan, as occafion 
 
 fhould 
 
The govern- ^ Hen. 7. 1 Kings of 253 
 
 ment of i Ren, 8. 5 England. 
 
 fliould require, and to give fecurity of the fame, for the main- 
 taining and raifing of Forces, if need (hould require, as is more 
 particularly fet forth in the Patent Rolls of thefe times. Ne- 
 vcrthekfs, the War at Sea, Infra quatuor maria^ was ever re- 
 puted Dcfenfive as to the Nation, and under the publick charge, 
 becaufe no War could be there, but an Enemy rauft be at hand, 
 and fo the Nation in eminent danger •, and therefore the main* 
 tenancc of the Navy Royal in fiich Cafes, \i^as from the publick 
 Treafury. 
 
 To conclude therefore, if the Parliament and Common Law 
 in all thefe Cafes of Levies of men for War, payment of Sol- ^ H.^.c.i'. 
 diers, and their deportment, in cafes of Fortifications, and of i-^.cap.y. 
 maintenance of Wars at Sea, and the deportment of fuch as ji.r^f 14; 
 are imployed therein s I fay, if they give the Law, and carry 
 the Supreme Diredory, then certainly the Law rules in that , 
 which feems moft lawlefs>and though Kings may be chief Com- 
 manders, yet they are not the chiefRulers^ 
 
 CHAP, xxxin. 
 
 of the Peace. 
 
 pEacc and War Originally depend upon the fame power, be- 
 caufe they relate each to other, as the end to the means, and 
 receive motion from one and the fame Fountain of Law, that 
 rulcth both in Peace and War : It is very true, that feveral 
 Ages hitherto have been troubled with arbitrary exhalations; 
 and thefe very times whereof we now treat, are not altogether 
 clear from fuch an air. Two Kings we have at once in view 
 both of them of an elate fpirit i one working more clofely by 
 cunning, the other more openly by Command, yet neither of 
 them pretending fo high as to do all, or be all in all, Peace fuited 
 
 more 
 
254 rht Govern- C Hen. 7. ? K^ings of 
 
 ment of Z ^^°' ^' J England. 
 
 11 H.7.C.1 J. 
 
 more with Hf«7 the Seventh, than with his Son, who de- 
 lighted to be accounted terrible, rather than good i yet both 
 of them were glad enough to be at peace at home, and were 
 induftrious to thatcnd, though by fcveral means. Henry the 
 Seventh pretended juftice and Peace fa wtlcome news to a 
 people, that formerly accounted nothing theirs, but by the 
 leave of the Soldier) and therefore fets upon the Retcrma- 
 tion of the Sheriffs Courts, in the entring of Plaints,and making 
 Y H7 Vii?. of Juries fuitableto that prefent time, wherein men of Eftates 
 were very fcarce, and much of the Riches of the Nation evapo- 
 rated into the Wars, both Civil and Foraign > although the 
 continuance of that order concerning Juries in the fucceeding 
 times of opulency, hath brought thefe Courts into contempt , 
 • and made way thereby for the King's Courts to fwell in Glory, 
 
 and to advance Prerogative, even above it felf. 
 
 Secondly, he reforms Goals, a^ well in their number as their 
 
 ufe : During the Civil Wars, every fmall party of men that 
 
 could get a ftrong place, made the fame, not only a Caltle, but 
 
 a Goal , and ufually imprifoned and ranfomed at their own 
 
 19 H.7.C. lo.pleafure : For remedy whereof, Henry the Seventh rellores all 
 
 Goals to thcSheriffs,favingfuchas hold by Inheritance •, and 
 
 3 Hy.c.^. gives power to two Jurtices of the Peace, one being of the ^(?- 
 
 3H7 C.J r«w, to take Bail in Cafes bailable, and Recognifances of the 
 
 ' Peace, to be certified at the next Seflions, or Gaol- Delivery. 
 
 Thirdly, both Kings concurr in providing again ft fuch dif- 
 orders, as more immediately did trench upon the publick Peace, 
 and reached at the Crown it felf, by labouring to prevent by 
 fevere puniihing \ and lallly, by regulating the proceedings of 
 Judicature in fuch Cafes. 
 
 Thefe diforders were two-, inordinate wearing of Liveries, 
 and unlawful AfTemblies : Thefirft being in nature of unlawful 
 affembly of minds and fpirits of men, the fecond of their bo- 
 dies and perfons:Both thefe hadiormerly been provided againft, 
 but the Judges of the C ^ '^on Law, unto whofe Cognifs.jce 
 
 thefe 
 
The Govern' 5 Hen. 7. 1 Kings of 355 
 
 merit of 2 Hen. 8. 5 EngUnd. 
 
 thefe Crimes were holdcn, did reftrain their punKhments 10 the 
 Rule of the Common Law, then thought to be too facile and 
 mean for diforders, that did flie at fo high a pitch •, and there- 
 fore they are reduced before a higher tribunal , as matter of 
 State, as hath been already mentioned. The feverityof punilli- 5 ^^ 7.f.i. />-z^4 
 ment conlilkd not fo much in aggravating thepain, as the ^^ ^'^^ ^-H- " 
 Crime, matters of injury being made Felonies, and thofe 
 Treafons. 
 
 This Crime of Treafon,at firft it concerned matters a<[Jed 
 againft the Nation,afterwards it reached to matters aded againlt 
 the King » now it reacheth even to the very thoughts and ima- 
 ginations of the heart, not only of bodily harm to theKing,but i^H. 8 f. i j. 
 of the Queen or their heirs apparent, or tending to deprive them 
 of their Title or Name of Royal E(hte : This Crimewas for- 3 f?. 7- f-T3« 
 merly made but Felony by Henry the Seventh, and then only ex- 
 tended to iuch oflfence commftted by one of the Kings Houfc- 
 hold againrt the Perfon of the King, or a Lord, or any of the 
 Council, Steward, Treafurer, or Controller i fo as the Perfon 
 of the Queen was not then in the Cafe, and yet then newly 
 Crowned, and at thatinftant bearing in her Womb the Royal 
 Seed, which was then the only earneit of the rtability and glo- 
 ry of 'England s and therefore it is a fubjedt of wonderment, 
 unlcfs it were out of extremity of Jcalourie,lcft hefliould feem 
 to make too great account of her Title, and thereby difparage 
 his own > and then is it a piece of wit, but not without weak* 
 nefs i for he that is jealous of the {lightings of other men, 
 fhcws himfelf unrefolved in his own pretenfions. Now Henry 
 the Eighth, not only raifed the price, but added to the thing, 
 and not only puttcth the Queen,but the Prince or Heir apparent 
 into the Cafe, making the fame Treafon : So as it implyeth, 
 thatEngliih Allegiance tyeth the Subjed, not only to the fafe- 
 ty of the Perfon of the King, but alfo to Queen and Heir ap- 
 parent i otherwife the offence is made and declared Treafon 
 againit the King. 
 
 Secondly, the Election of the Object is to be confidered, for 
 
 whethejc.. 
 
256 The Govern" C Hen. 7. 7 Kings of 
 
 ment of t Hen. 8. j England, 
 
 whether the one or other Statute be obferved, it will appear 
 that although the King was the next objed exprefled, yet a fur- 
 ther was intended, and that the Crime is not intended, in re- 
 gard of his natural Capacity as a man, but of his politick Ca- 
 pacity, and in relation to the Common good of the Nation, 
 and this is evident, not only from the feveral Piefaces of the 
 Laws, but alfo from the manner of Eledion, whereby the Title 
 of Heir apparent is taken up, and not the Eldeft Son or Daugh- 
 ter, or thefe, and not the other Children, all which are equally 
 dearly beloved in Natural regard. 
 
 Thirdly, though at the Common Law Treafonbe properly a 
 Crime againft Allegiance, yet as in Cafes of Felony Crimes may 
 be by the Statute made as Treafon, which at the Common Law 
 are not againft the Legiance of an Englifh man, for this remain- 
 eth ever one and the fame, but one and the fame hGt may be 
 made Treafon, and unmade by the Statute-Law, as befel this 
 Law oi Henry the Eighth, by a Law within twenty years after i 
 like as alfo in former times, one and the fame fad hath many 
 
 28 H. 8. f.i 8. times received the like meafure. Other Treafons befides thefe 
 already mentioned were by Benry the Eighth created, as Marri. 
 age with any of the King's Sifters, Daughters or Aunts of the 
 . Father's tide, or the Daughters of his Brethren or Siftcrs,without 
 
 4 jff 7 c. 18 confent firft had of the King : Counterfeiting of currant Mo- 
 ney, not of the King's Coynage, was likewife made Treafon by 
 Henry the Seventh, who was well feen in that Myftery or Mo- 
 
 zjH.Z.ci. ney. Trade, and the like alfo became of Counterfeitures of the 
 King's Privy Signet and lign manual. 
 
 ztH.7 c^. And laftly, that horrid trick of poyfoning was reduced 
 to this Category, rather that the Penalty might be more ter- 
 rible in the Death ( which was by boyling ) than for any 
 Tindure in the Nature of the Crime, or in any Forfeiture of 
 Eftate. 
 
 53 H 8. c 8, The policy of thefe times thus irritated againft Treafon,had 
 proved very irregular, if the fame had not been as rigid in 
 
 Cafes 
 
The Govern- € Hen. 7. ^ Kings of 257 
 
 went of I Hen. 8. ^ England. 
 
 Cafes of Felony : divers new ones of that kind are alfo dubbed, 
 amongfi: which Conjuration or Witchcraft comes fir ft i an old 
 Felony in the Saxons time, but Imce had gotten its Clergy, now 
 well nigh for the fpace of five hundred years, and they it, fo as 
 it never walked abroad amongft the Laity, but under the favour 
 of the Cloylkred people, nor ever came before the Civil 
 Power, till now Henry the Eighth brought it forth into its own 
 ancient and proper Regiment. Other Crimes being thofe of 
 thefcafon are made into the fame degree ; Such as were taking - H.7. c • 
 of women into captivity i unlawful huntings with difguifes 1H.7.C.1. 
 malicious breaking of the Dikes and Banks in Marfhland., iiH.s.c.ir. 
 Servants etnbezzelling their Matters Goods, to the value of -^ ^•^•'^•"• 
 forty (hillings or upward , which ( bclides that of Herefie, 
 whereof formerly J though of a new ftamp, yet of fo good a 
 conftitution, that they remain unto this day under the fame 
 brand. 
 
 But let the Laws be never fo fevere , if they have not 
 free liberty to walk at large, they are foon ghoftlefs, and 
 therefore thefe two Kings, efpecially the later , gained that 
 Honour above their PredccefTors, that they gave the Law a 
 free and full fcope over all perfons but themfelves , and their 
 Allignees , and in all places. Firft, concerning places, every 
 one knows the Notion , but few confidercd the extent of 
 Sandtuary Ground in 'England^ that could Sandifie any Crime 
 or Criminal perfon in fuch manner, that though the eye of 
 Jurtice could fee, yet the hand of Juftice could never reach 
 them, till tienry the Eighth plundered them of all their San- 
 dity, and made all places common, fo as no Treafon could hide 
 it f£lf,but where the Ad of Parliament did appoint,and turned ,^//.j ^ ,,- 
 their names from Sanduaries to priviledged places. The 27 hV c' le! 
 fandity of the perfon was yet more mifchievousand hard toji H8 f' ,/ 
 be reformed, it had been often attempted before thcfe times 
 with little fuccefs. Henry the Seventh gained fome ground 
 herein beyond his Anceltors i the Delinquent might have 
 his Clergy once, but not the fecond time (though he fled 
 to the horns of the Altar; and was ever after known by a4 H.7 r n- 
 
 N n brand 
 
253 rhe govern- S Hen. 7. ^ Kings of 
 
 ntent of c Hen. 8. f England. 
 
 Z3 H.S.f.i 
 4 H.S f.ii 
 
 brand in the hand. Thus far did Henry the Seventh go, and 
 would have done more even as far as unto thofe in Holy Or- 
 ders. But Henry the Eighth coming on, in point of Treafon, 
 made all perfons common without refped of their orders or 
 profeilion. Death makes an equal end of all. In Cafes of 
 Murther, Robbery, Burning of Houfes, Fellonies done in holy 
 Ground, High- Way , or Dwelling-Houfe i refufal of Trial; 
 
 2 J H,8. C.3. peremptory challenge of above twenty of the pannel i Servants 
 imbezzelling their Mafters Goods in value forty fliillings or 
 upwards-, in all thefe Cafes no Clergy could be allowed, but 
 
 23 H.8. f.i . to perfons in Holy Orders, and thofe alfo to be perpetually Im- 
 prifoned in the Ordinaries Prifon ■■> and yet this exception held 
 not long in force, but thefe men alfo were equally wrapped up 
 in the fame courfe, to have their Clergy, and indure the brand 
 even as other men. 
 
 3iH.8 cry 
 
 Two difficulties yet remain, which hindred the execution of 
 the Laws againft Treafon. One concerning the place, the 0- 
 ther the perfon. 
 
 The place many times of the plotting and beginning of the 
 Treafon befalleth to be without the walk of the King's Writ, 
 in which Cafe by the Common Law it cannot be inquired or 
 tried, or it may be, that the men of the place be generally dif- 
 affeded , and then no hope of finding out the matter. In fuch 
 8 H 8 c I ^^^^5 therefore it is provided, that be the Crime wherefoever 
 ^3 liic. 1%. the Delinquent will, it (hall neverthelefs be inquired, and tried 
 where the King will. 
 
 The Perfon of the Delinquent alfo many times changed its 
 
 conditions it might be fober at the time of the Delinquency^ 
 
 and afterwards upon difcovery, prove lunatick , and thereby 
 
 rr . , avoid the Trial, this whether in jeft or earneft, by a Statute is 
 
 3 J ti.i. c.t. ^^^^ ^^j ^^^^ ^^^ .^ .^ ordained, that in Cafe the fad be con- 
 
 fefled by the Delinquent before the Lords of the Council, at 
 fuch time as the party accufed was of found mind, and the fame 
 be attefted under the hands of four of thofe Lords, the fame 
 (hall be a good ground to proceed to inquifition before Com- 
 miffioners, and the fame being found, to try the Delinquent 
 
 without 
 
The goverft' lK.Edw.6* SJ^^^Y'L OfEng- 259 
 
 mentof c ^Elizabeth. 3 lattd, 
 
 without anfwer or appearance, favingunto Barons their Trial 
 by their Peers. And thus however in their Fits, the Will of 
 the Perfons of thefe Kings was too hardy fcr the j^cagy to ^(xro 
 manage according to Rule , yet the Law fiill in Title kept the 
 Saddle, held the Reins, and remaineth the chief Arbitrator un- 
 to every man. 
 
 • CHAP. XXXIV. 
 
 of the general Government of Edward the Sixth , 
 i^een Mary, and ^ee« Elizabeth. 
 
 WE are at length come within fight of the (horc , 
 where finding the Currents various and fwift,and 
 the Waves rough , I (hall firft make my courfc 
 through them feverally, and then (hall bring up the general ac- 
 count of the Reigns of one King and three Governours. 
 
 The King was a Youth of about ten years old, yet was older 
 than he feemed by eleven years \ for he had all the Ammunition 
 of a wife King, and in one refpe(f^, beyond all his Prcdecefibrs, 
 that made him King indeed, By the grace of God, He was the 
 only Son of Bemy the^Eighth, yet that was not all his Title, 
 he being the firft Preildent in the point of a young Son, and 
 two elder Daughters oy feveral venters > the eldeft of whom 
 was now thirty years old, able enough to fettle the Govern- 
 ment of a diftraded Nation \ and the Son fo young, as by an 
 Ad of Parliament, he wasdifabled to fettle any Government 
 at all, till he ftiould pafs the fifteenth year of his Reign : But 
 the thing was fettled in the life- time of his Father, whofe laft 
 Will, though it fpeak the choice, yet the Parliament made the 
 
 N n 2 Election, 
 
26o Tht Govern-^K. Edw.6. .gJMary. P OfE»g- 
 
 went of ^ .g;, Elizabeth, J land. 
 
 Eledion, and declared it. The condition of this King's Perfon, 
 aSH.g. C.J-, was every way tender •» born and Curtained, by extraordinary 
 3jH.7.f. I. means', which could never make his days many, or Reign 
 long : His fpirit was foft and tradable, a dangerous temper in 
 an ill air j but being fixed by a higher principle than nature 
 yielded him, and the fame, beautified with excellent endows 
 ments of Nature, and Arts, and Tongues, he out-wtnt all the 
 Kings in his time of the Chriftidn World. His PredecefTors 
 provided Apparel and Vidtualto this Nation, but he Education, 
 and thereby, fitted it to overcome a fiery tryal, which foon fol- 
 lowed his departure. The Model of this Goverment was as 
 tender as himfelf,fcarce indMring to fee his Funeral s ready for 
 every change, fubje(S to Tumults and Rebellions, an old trick 
 that ever attends the beginning of Reformation, like the wind 
 the Sun rifing. The div^rfity of Interefts in the Great Men , 
 efpecially in point of Religion, for the moft part firft fet thefe 
 into motion ••, for fome of them had been fo long maintained 
 by the Romifti Law, that they could never endure the Gofpel : 
 and yet the different Interefts in matters of State, made the 
 greater noife. All vi'as under a Protcdor fitly corapofed to the 
 King's mindjbut ill matched with rugged humourous, afpiring 
 minds i whereof one that fliould have been the Protedors 
 great Friend, became his fatal Enemy, and though he were his 
 Brother, to prejudice hislntereft, pawned his own blood : The 
 other which was the Duke of Northnmherland^ had his will, 
 but miffed his end i for having removed the Protedor out of 
 the way, and gotten the chief power about the King , yet 
 could he not hold long what he had gotten i for the King 
 himfelf , after fixteen months decaying , went into another 
 World , and left the Duke to ftand or fall before fome o- 
 ther power , which came to pafs upon the entry of the next 
 Succeflbr. 
 
 The greateft trouble of his Government arofe from the 
 profecution of a defign of his Grand-father, Henry tht Seventh, 
 for the uniting of the two Crowns of England and Scotland 
 by marriage, and fettling an induring peace within this Ifle i 
 
 and 
 
The govern- %K.^dv7, 6. ^Mary. ? OfEng- 261 
 
 \ ^Elizabeth. 3 land. 
 
 ment of 
 
 and unto this work all were aiders in both Nations , but the 
 Eneaiiesof both: But God's ways are not as Man's i it's a 
 rare example to find out one Marriage that did everftthrive to 
 this end. England meaned well in profering l.ov^but the 
 wx)oing was ill-favouredly carried on byfo much Blood. 
 
 Laftly, as the Government was now tender i fo was it car- 
 ried with much compliance with the people, which ever gives 
 occafion to fuch of them that arc irregular, to be more,and fuch 
 as are well governed tobelefs, bccaufe though pleafing it be, 
 yet it is with lefs awe and fpirit, which renders their obedience 
 at- the beft but carelcfs and idle, unlefs fuch as are very confci- 
 encious be the more careful over their own ways, by how much 
 their Superiours are the Icfs. 
 
 Not thus was Queen Mary , but (likea Spaniard^ (he QMary, 
 over-ruled all relations and ingagements by delign \ (he 
 was about forty years old , and yet unmarried when (he 
 came to the Throne , it may fecm (he wanted a mind to 
 that courfe of Life from natural abftinency, or was loath to 
 adventure her feature (which was not excellent) to the 7^«-^»- t'l^^- i- 
 Cenfure of any Prince of as high degree as (he held her felf^'^'S- 
 to bci or her value was not known, fo as to perfons of 
 meaner Intere(ts (he might feemtoo much above, and tothofe 
 of greater too much beneath : Or poilibly her Father was 
 loath to let the World know her Title to the Crown till needs 
 mu(\, or toraife up a Title for another man fo long as he had 
 hope of a Son of his own to fucceed him, and yet had former- 
 ly, defigned her for a Wife to C^^r/f/ the Fifth, and afterwards T'/f'w^tf. voJ.i, 
 to the Dauphine of France: Or it may be her felf had (etlfl>.i- 
 a command of her felf, not to change her Eftate till (he 
 faw the courfe of the Crown, either toorfroi however the ^''•'*' 
 time is now come that (he muft marry , or adventure her 
 Woman-hood upon an uncertain and troublefomc (late of 
 Affairs : She liked the Lord Courtnee above the Prince of 
 Sfain^ but feared he would not dc(ign with her : She held 
 
 him 
 
2^2 '^kt Goverrt'^K, Edvv.6. ^Mary.? OfEttg- 
 
 mentof2, ,gj,Elizabeth. $ land. 
 
 him not unmeet for her degree, for Che feared he was good 
 enough for her Sifter, that then alfo had the Title of a King- 
 dom waiting fo nigh her perfon, as (he was an objed of hope 
 to her Friends, and fear to her Enemies. And yet Queen Ma- 
 ry married the Prince of Spain : It may be it ran in the blood 
 to marry into their own blood, or rather ftie was thereto led 
 by reafon of State, partly to enable her with greater fecurity in 
 the refeifure of her Kingdom, in the Popifti Religion, wherein 
 (he knew (he had to do with a people not ea(ie to be reduced, 
 where Confcience prettnded rcludancy > and partly to afTure 
 her Dominion againft the out- works of the French and Scot- 
 tilhdefigns. And fo (he yielded up the Supremacy of her Per- 
 fon to the Prince of Spain-, but (thanks to the Nobility ) the 
 Supremacy of the Kingdom was referved to her own ufe, for 
 it was once in her purpofe to have given up all to the man, ra- 
 ther than to mifs of the man. And yet their condition was 
 not much comfortable to either: the peoples diflike of the match 
 founded fo loud abroad, that when the Prince was to come 
 over, the Emperour his Father demanded fifty Pledges for 
 his Sons fafety, during his abode in this Land, which was alfo 
 denied \ when he was come over, the Engli(h fear the Spa- 
 ^ ,. J. ni(h Tyranny,and the Spani(h, the old Saxon entertainment of 
 Itb 7 ^^ ^^^ Danes > (o both lye at their clofe guards, as after fome 
 time the King and Queen did no lefs, for the Queen was 
 either never earned in her affedlion, or now much lefs, finding 
 his Body difeafed,and his Mind lingering after unlawful game. 
 On the other fide, the King not finding that content in her 
 Perfon (efpecially after her fuppofed Conception) that he ex- 
 peded, looked to his own Intereft apart from liers, and there- 
 by taught her to do the like » and this (he thought coft England 
 the lofs of Cd///j,and he Spain the lofs of many advantages that 
 might have been obtained, and was expcded ftom this con- 
 jundtion. Thus by the feveral intere(^s between the King Reg- 
 nant, and the Queen Regent, the Government ot England be- 
 came like a knot diflfolving, neither faft nor ioofe. 
 
 Towards the people (he might well be referved, if not rigid i 
 
 ioi 
 
fmntof\ ^Elizabeth. 3 land. 
 
 for fhe knew her entry was not very acceptable though ac- 
 cepted i and that her dcfign was contrary to her engagenncnts \ 
 and therefore it was vain to think to pleafe her felf, and plea- 
 fure them. Nor did (lie nnuch bufie her thoughts therewith , 
 that abominated trick of Import upon Merchandife fhe brought 
 into fa(hion, which had by many publick A(^s been damned for 
 thcfpaceof two hundred years* this was done without either c. i.lnftu. 
 fliamcor fear \ for if the people turned head, (he knew (he had fol. 61. 
 a good refer ve from SpJtn^ and the people might very well con- 
 fiderof that, though for her part (he delired not much to im- 
 prove that Foraign Intereft •, becaufe (he might well fee that 
 Spain defigned to keep England fo far beneath , that France 
 might not get above : And that Fhilip neither loved the double 
 Crown of England^ no, nor the triple Crown at Kome^ other- 
 wife than in order to that of Spain, 
 
 This diftance between her and her King, wrought her to a 
 more nigh dependency upon her Council and Engliih Nobility, 
 and fo became lefs difcerned in her Governments although 
 queftionefs (he did much, and wanted not Wifdom or Courage 
 to have done more, but that (he was wholly not her own Wo- 
 man : All men do agree that (lie was devout in her kind of pro- 
 fellion, and therein as deeply ingaged as her Brother Edrvard 
 had been in his i though it may be out of tendernefsof Con- 
 fcience, but (he out of a Spani(h kind of gravity, that indures 
 not change : and whereunto rtie was well aided by her Clergy, 
 who were her beloved for her Mothers fake, and now alfo lb 
 much the more fowr , by how much the cigher to the bottom: 
 It's the lefs wonder therefore, if the Zeal of thefe times burnt 
 into aflame, that at length confumed even thofe that kindled 
 it. In one thing more above all the reft, (lie adled the part of 
 her Sedi, rather than her Place, and the fame contrary to the 
 advice of her GhofllyFathers, and all Rules of Policy, and the 
 agreement between her King and felf upon Marriage i which 
 was the ingagingof England in the War at Saint ^nintins , a- 
 gainf\ the French, contrary to the National League formerly 
 made: Neverthelefs, the iffue was but fuitable, for though the 
 
 Engliih., 
 
3^4 TheGoTjern-^K. Edw.6. ,gJVlary. i OfEng- 
 
 mentof^ ^Elizabeth. i land. 
 
 Engli(h obtained their part of the Honour of that day, yet in 
 the confequence they loll Callii^ the laii foot tl^at the Englifli 
 had in France ■■, henceforth England muft be content with a 
 bare Title : As this was deferved, fo was it alfo refervcd by the 
 Queen, to nnake the World believe that (he died for grief there- 
 fore as a Mother of her Country i although her bodily dif- 
 eafc, contraded by a Conception, wherein (he beguiled both 
 her felf and the World, concurred thereto. In (urn, the worft 
 that can be faidof her , is this, That (he was ill principled i 
 and the be(t, that (he aded according to her principles, and fo 
 lived an uncomfortable Life, (haped a bloody Reign, and had 
 but a dim Conclufion. 
 
 The night was now fpent , and Queen Elizabeth like the 
 
 morning Star rifing into the Throne, lent forth the benignant 
 
 Influence of both her Predece(rors, and many ways excelled 
 
 them both, (he was begotten in a heat againft Kotne^ wherein 
 
 aUb (he was born and trained up by her Father and Brother 
 
 Edward's Order, and faw enough in her Sifiers courfe to^on- 
 
 firm her therein. For Queen Mary was not very Catholick in 
 
 her Throne, though (he was in her Oratory. Neverthelefs , 
 
 Queen Elizayeth^Qowik hereunto was very (trange,and might 
 
 feem in outward refpeds to lead her quite wide, tor her youth 
 
 was under a continual yoke, her Mother dead whiles (be was 
 
 at the breaft i her Father owning her no further than as his 
 
 Child born of a Rebellious Woman, never intending her for 
 
 the Crown, fo long as any hope was left of any other \ with 
 
 her age the yoke grew more heavy, her Brother Edward being 
 
 bu: of the half-blood, except in point of Religion, might re- 
 
 fped her at a di(iance beyond his Mothers Family, but this 
 
 lafled not long , her Silier Mary comes next, of a ilranger 
 
 blood to her than her Brother was i looking ever back upon 
 
 her as one too nigh her heel, and more ready to tread upon her 
 
 Train than fupport it , the difference in Religion between 
 
 them two added yet further Leven, and this occafioned from 
 
 her Sifter to her many fowr refled:ion^,bitter words, har(h u« 
 
 fagCj conchidjng with Imprtfonment, and not without danger 
 
 of 
 
The Govern- 
 
 Govern- i K.EcIw.6. ^Mary. ^ Of Eng- 26% 
 
 ment of 1 ^Elizabeth. j" land. 
 
 of Death : All which Queen Elizabeth faw well, made the lefs 
 roife in Religion, walked warily, and rcfolvcd with patience to 
 indure the brunt i for (he might perceive by her Father's Will 
 that her way to the Crown, '\i ever (he arrived at the end,muft 
 be through a Field of blood i and though fhe knew her change 
 of Religion might make the way more plain, yet God kept her 
 in a patient waiting, until the fet time was come. -Thus palhng 
 over her Minority with little experience of youthful plea- 
 furcs, (he had the happinefs to have the lefs fenfe of youth- 
 ful lufts , which meeting with natural Endowments of the 
 larger li7.e, rendred her the goodlieft mirror of a Queen Re- 
 gent that ever the Sun (hone upon, God adding thereto both 
 Honour and continuance, above all that ever fare in that 
 Throne : Her entrance was with more joy to others than 
 her felf, for she kept her pace as treading amongft thorns 
 and was ftill fomewhat referved, even in matters of Religion* 
 though she was known to be devout. She had obferved that 
 the hafty pace , both of her Brother and Sifter brought early 
 troubles before either of them were well fetled in their 
 Throne. And therefore whereas her Sifter firft fet up the 
 Mafs, and then endeavoured to fettle it by difputcs, ftie contra- 
 rily firft caufed the point to be debated,and thereby gained liking 
 to layitalide. It's true, the moderatorftiip in that difpute 
 was impofed upon a Lay man (as their term isj but his work 
 being to hold the difputants to order in dcbate.and not to deter- 
 mine the point in Controverfie fwhich thing was left to the 
 Auditory) might therefore more rationally be done by him 
 than cenfured by any Hiftorian, that ftiall undertake to judge 
 them all. 
 
 The rirft ftep thus made, one made way for another till the 
 whole became lev^ncd \ her proceedings againft Oppofcrs 
 were with much lenity, rather overlooking, than looking on i 
 and fuch as ftood more diredly in her path, ftie would rather 
 fet afide than trample down : And be fair to all (with- 
 out refped to difference of Religion ) tha-t would be fair to 
 her. Much ot her happinefs depended upon Eledfion of her r 
 Council, more in obierving their advice , that whether ,^^1//^ 
 
 ^«^ ftie ^" 
 
266 I'kt Govern-^K. Edw.6. ^Mary. ? 0/£»g- 
 
 tftentof^ ^Elizabeth. S ^^«'^» 
 
 (he did rule, or were ruled, or did rule by being ruled , might 
 deferve fome confideration ; This (he did to give fatisfadion 
 tofuchas tookpiejudice at her Sex, rather than out of any 
 fcnfe of imbecillity in her own intelledJuals, for therein (he 
 equalled the beft of her PredecelTors, and in learned Endow- 
 ments exceeded them all. Generally (he was of a publick 
 mind, if not popular, (he loved to be feen of the people, and 
 outni. yth u yet kept her diftance : Her Sex taught her to ufe her tongue 
 Sf . uU. much, and her education to ufe it well and^ wifely : That,with 
 
 a refcrved carriage,was her Scepter, winning thereby applaufe 
 from the inferiour fort, and awe from the greater. A wife 
 man that was an eye witnefs of many of her Adions , and of 
 thofe that fucceedcd her, many times hath faid, That a Cour- 
 tier might make a better meal of one good look from her, than 
 of a gift from fome other King. Another felicity She had be- 
 yond others of her place, She loved not to be tied, but would 
 be knit unto her people. To them (he committed her confi- 
 dence under God, and they to her their chiefeft Treafure on 
 Earth viz. Their hearts to her Parliament, which was the 
 moft confiderable party that She had to deal with, She could 
 perfonate Majel^y equal to any Emperour, and advife, com* 
 mend, yea, and chide if She faw occafion : And yet ever had 
 a trick to come off with a kind conclufion without blur of 
 Honour. So as of thirteen Parliaments called during her Reign, 
 not one became abortive by unkindnefs i and yet not any one of 
 them paffed without Subfidy granted by the people, but one 
 wherein none was defired : And fomctimes the aid was fo li- 
 JBfl<?»>».rf;W.^. beraljthat She refufed the one half, and thanked the people 
 for the remnant \ a courtefie that rang loud abroad to the (hame 
 of other Princes. She would often mention her Prerogative , 
 and yet not hold her felf wife enough , either to interrupt the 
 Judges in their way, nor the Bilhops in theirs : Albeit, She 
 fpared not alfo, as She faw occafion, to check the beft of them 
 for their irregularities i She had no Beloved, yet entertained 
 Favourites at a cheaper rate, and in better order, than Kings 
 ufe to do i for She had a preferment within her power beyond 
 the reach of them all, and paffion alfo foon at command, or 
 
 lath e 
 
The Govern 
 
 ? Govern- S K.Ed w. 6, ^Mary . > of Eng- 267 
 
 went of I ^Elizabeth. 3 Unci. 
 
 rather fometimes beyond command : Yet if calmly taken it 
 ever proved good for that party f that fuffered; in the conclu- 
 lion. However, her love She held under her own power, and 
 therein excelled her Fore- fathers, She had the Precedent of her 
 Sifter fthat adventured upon a Prince for her Bed, and miffed 
 what She expeded, and loft what She had) and thereby learn- 
 ed to call into queftion the pollibilty for her to gain the private 
 contentments of a married Life, and therewith maintain her 
 publick Intercft in 'the Kingdom •, and therefore refolved ra- 
 ther to fit alone than to fit below, and to rcfufc the help of 
 any Confort, rather than to part with any one jot of her Inte- 
 reft in the people ; So She remained above the people and her 
 felf, and thereby enjoyed both. But Cuftom in GovcrnmeHC 
 growing, together with infirmities of age, made her Regency 
 tafte fomewhat ftale and fpiritlefs, and gave occafion to mens 
 minds to wander after the next Succeffor j before She had 
 been nine years Queen, this fcrutiny was once begun j but it 
 received a fair anlwer of dclay,becaufe it was then taken as done 
 in love, now the apprehenfions hereof according to her age are 
 more fad \ She thinks them weary of her, and thereupon She 
 is weary of her felf and them : She fuppofes She can no longer 
 give them contents the Lords have the power, they will nor 
 be ruled i and fuch like dark thoughts working upon an aged 
 body, weakned with other infirmities, wafted her fpirits and 
 haftned a conclulion unto a weary life, her felf nor unwilling 
 herewith, and her Courtiers lefs, who expcdting more from 
 SucccfTors than they find, lived todif-defire and unwifti their 
 former choice by late repentance-, thus making the ending of 
 her days, the renewing of her Reign in the hearts of all that 
 obferved her alive, or conlTder her (now dead J in the written 
 Rcgifters of her Fame. 
 
 ^°2 CHAP. 
 
268 Tht Govern-^K. Edw.6. ^Mzxy,'? OfEng- 
 
 mentof^ ^Elizabeth. § land. 
 
 CHAP. XXXV. 
 
 Of the Supreme Tower during thefe Times. 
 
 npHc Supreme Power, but ere while monftrous in the two 
 former King's times for Greatnefs, now fuflfers as great a 
 diminution , over-rtiadowed by infancy , womanhood , and 
 Coverture > and gives the people breath to beware for the fu- 
 ture, Ne potentes ft mcere velint non potent--, neverthelefs the 
 lofs was only of the Hydropical humour, and the Government 
 came forth more clearly like it felf. In the point of Infancy, 
 Edivardthe Sixth bears it forth , being the feventh Preldent 
 of Infancy , ruling under Protedorfliip , lince the Norman 
 times i yet beyond all the reft in managing his Supremacy in 
 Church matters, which none of them all did ever engage upon 
 before him. 
 
 / Englifli Prerogative and Supremacy are Notions of a fublime 
 
 Nature, and commonly looked upon as the Holy Mount at the 
 Delivery of the Law, at a great diftance, for fear of death or un^ 
 doing i and yet it is fuch a thing as a child may handle without 
 hurt done, either to the Eftates, Perfonsor Coniciences of any 
 Man j becaufe it^s prefuppofcd he does nothing, but what the 
 Law firft didates by his Council unto him. There is then no 
 infancy in the Crown, though in the Perfon,becau(e the wifdom 
 of the Crown is not intended to reft in one Perfon, but in the 
 Counfelsof many,who are equally wife, whether the Perfon 
 
 .8i7.8. f.17. of the King be old or young. And the Satutel made by HeMry the 
 Eighth, by which this King had power by his Letters-patents, 
 after the age of 24 years, to adnul any Ad of Parliament made 
 by him before that time, was not grounded either upon Princi- 
 ples of Law, or general Reafon of State, but upon fome parti- 
 cular circumftances of the ftate of the Affairs, as then they 
 ftood i and therefore is this power limited only to fuch Heirs 
 
 or 
 
mentof i 3. Elizabeth. 3 land. 
 
 or Affignees of Hf wry the Eighth, to whom the Crown (hall 
 come by his appointment. Nor did it ever thrive to that 
 defired end, whereto it was intended : for upon the entry of 
 Et^wtfrij/ the Sixth, the Councils changed, and the Parliament i -^-^ f i^' 
 took this Statute away, as fcandalous to the Fundamental Go- 
 vernment of the Nation,and in ftead of thepowerof Adnulling 
 allowed of the power of Repealing •, yet fo as until fuch time 
 of Repeal, the faid Statutes and all Ads thereupon done , (hall 
 for ever be deemed warrantable and good. This was too 
 much , but that tljC Tim.es were yet in Eqnilihrio , and men 
 were loath to part with their Inteiefts,which they did hang up- 
 on that Power of Referve , unto the King's Letters- patents : 
 yet in that the Power is limited, not only in regard of the man- 
 ner and time, but of the perfons,and alfo of the Statutes that are 
 to be repealed: itisfufficient to vindicate the nature of this 
 Prerogative Cif fuch it were) to be no ways inherent, but 
 acquired by Conceffion. But as touching the Legillative Power 
 they would not trult it in the leaft manner to any other King. 
 The Parliament had crowned Proclahjations at thein(iance of 
 Henry the Eighth, with that Royal Title of Laws, in manner -^' ^^^ ^•^■ 
 as formerly hath been noted. Now all Intcre(\s, both of tiie 
 Popish, and of the Reformed parties of this Nation.are again(t 
 it •> the former becaufe they faw the King's prefent way to be 
 againll them, and both it and the later becau(£ the thing it feJf 
 was abominable unto the Liberties of the people, and therefore 
 it is foon taken away by Repeal, and the Legiflative Power is 
 wholly re-affumed to themfelves, as formerly; For though in lE.^.c.ii. 
 matters Ecclefialtical, the Power of the Crown might feem to 
 be more pre-eminent in regard of the Supremacy, and fomc 
 particular Powers in making Bishops by Elcdion without i'E.6.c.ii.\ 
 CoMgedeJlife^yct did the Parliament neither yield, or acknow- 
 ledge any Legiflative Power to be in the Crown thereby, but 
 proceeded on in that way of the thirty and two Commilfioners 
 formerly agreed upon by them, in the time of the King's Fa- ^Sc^E.g, 
 ther. Thus the King, though an Infant, was a Gairier, and f-n. 
 the Crown nevcrthelefs ftill the fame. 
 
 Secondly, 
 
ajo TkeGovern.QK,Edw,6. ^Mity.jOfEffg* 
 
 ment of^ ^Elizabeth, 3 land. 
 
 Secondly, that Crown that may be worn by an Infant, may 
 much rather be worn by a Woman, whofe natural Indowmcnts 
 do far exceed the other, and arcnot inferiour unto the mort of 
 men: Of this we have tv/o Examples in thefe times, Queen 
 Mary and Queen Elizabeth^ of feveral profcftions in matters of 
 Religion, and liable to exceptions, in regard of their Sex, by 
 men of the counter- profe(Iion on both fides > yet both upheld 
 the Honour of the Crown, though therein the ore more efpe- 
 cially, being neither ingaged in the Roman Caufe, nor in the E- 
 ftate of Marriage,as the other was. This was Queen Elizabeth^ 
 in perfon a Woman, but in mind indowed with all the pcrfedi- 
 onsofamanj (he could not indurc to abate one hairs breadth 
 of her State s and yet upon the fole regard of her Sex, (he fub- 
 mitted her Title of Supremacy, to a more moderate name of 
 Supreme Governour, whereas her Father would be called Su- 
 preme Head, as if it were not only hazardous, but hideous for 
 a Woman to be Supreme Head of the Churchy and for this 
 a<f H.8. C.I. caufe would (he not revive that Statute made by her Father, and 
 continued by her Brother Edward the Sixth, and repealed by 
 I Eliz c I. her Sifter Queen Mary: Neverthekfs fuch as (he was, (he had 
 all fuch Jurildidions, Priviledges, Superiorities, and Pre-emi- 
 nencies, Spi-ritual or Ecclefiaflical, as by any Ecclefiaftical Pow 
 er or Authority formerly had been, or might be lawfully exer- 
 cifed,for Vifitation of the Ecclefiaftical State and Perfons, and 
 for Reformation, Order and Corredion of the fame, and all 
 manner of Errors, Herefies, Schifms, Abufes, Offences, Con- 
 tempts and Enormities •, ftie had therefore neither abfolute Em- 
 pire , nor abfolute Jurifdidion over the Churches i neither 
 Power to make, declare, alter, or repeal any Law, neither did 
 (he ever exercife any fuch power^but only by Adt of Parliament; 
 1 Effz.c 3 She had a Power over Ceremonies in the Worftiip of God , 
 which was given hei- by the Parliament to execute by advice , 
 and therefore was limited, as alfo was all the remainder of her 
 Power in Jurifdidion Ecclefiaftical i for (he could do nothing 
 in her own Perfon, but by Conamiftion : and thefe Commif- 
 fioners muft be Natives and Denizons,not Foraigncrs \ and the 
 fame to be but in certain Cafes, and with certain Procefs. Some 
 
 Cafes 
 
^i6eg^z/er«- J^.Edw.6. ^Mary. ? OfEftg- 271 
 
 mentof I ^Elizabeth. 3 land. 
 
 Cafes of Ecclefiaftical Cognifance v*'ere referred to Trial at the '3 £^iz.c.it 
 
 f.i. 
 
 Common Law,:;;^;. Such as concerned the publick Worfliipof ^3 -^^'^ 
 God in Cafes of Forfeiture and Imprifonmcnt. 
 
 Laftly, neither had the Queen, nor her CommilTioncs, nor 
 Billiops, abfolutc Power over the Church- Cenfures i no Cen- 
 fure was regarded but Excommunication, and that no further 
 than in order to the Writ, Ve Excommunicato capiendo^ and in 
 all Cafes the fame was to be regulated according to the Statute ,. . 
 in that Cafe provided, or by the Common Law in Cafe of Ac^i- ^ Uz.c.ii. 
 on : In all which we find no jurifdidion in Cafes Ecclefiafti- 
 cal, that is abfolutely fettled in the Crown : In matters Tem- 
 poral the thing is yet more clear \ (lie never altered, continued, 
 repealed, nor explained any Law, otherwife than by Ad of Par- 
 liament, whereof there are multitudes of Examples in the Sta- 
 tutes of her Reign ', and what flie did by her Judges was ever 
 under Corredion. A Woman (he was, and therefore could 
 be no Judge, much lefs in the Cafes of Difference concerning 
 her felf and her Crown. A Queen fhe was, and might make 
 Judges, but (he mu(^ go according to the Law i new Judicato- 1 8 EUz. ct. 
 ries (he could make none i nor judicially make, dechre,alter,or 
 determine the Power of any Court 01 Judge in Cafe of Difficul- 
 ty, but by her Parliaments as in the Cafes concerning the Power 
 of the Lord Keeper, the Powers of the Commiliioners o{ Servers y EUz- c 18. 
 and charitable ufes, the Courts ztlFejinjinjier^ and the County U -E/'^.c 9. 
 Courts, in the feveral Statutes concerning the fame, may more 3 9^^fz.c.6. 
 fully appear. And which is yet of a meaner fize, her Power ^^ rf'J'^ ^^' 
 extended not to redrefs any inconvenience in procefs of Error, "^^ ^ '^' 
 
 er Delay, in Courts of Law, nor to remedy Errors in Judge- 
 ments, Fines, Recoveries, Attainders, 01 other matters of Re- 
 cord or Trial, whereof the Statutes of her time are full, and 
 alfo the opinions and Judgements of the Judges of the Com- 
 mon Law concurring therewith : I mention not the power of 
 life and member, which without all contradidion hath ever 
 been under the protedion of the known Law i fo as upon the 
 whole Account if will be evident, that this Queen had no' 
 abfolute Pre-eminence in all Cafes, bat either in contradidion, 
 
 ^ to. 
 
mentof'^ ^Elizabeth. \S land, 
 
 to Foraign Power, or the power of any particular pcifun, and 
 FiOt in cppofition to the joynt interett oi the Rcprefcrtativc of 
 England. 
 
 Qnecn Mary comes next, although a Woman as well as she, 
 yea, her elder Sirter and Predeccffor, yet came short of her in 
 the point of Supremacy, by a double fubmiftion, both unto the 
 Law of a Husband, and of a Foreign Power in Cafes Ecclefi- 
 fticali although the fame was withfuch qualifications, as it was 
 much more in Title and pretence than in reality > and fo in the 
 conclufion, neither approved her felf to be good Wife, good 
 Catholick, nor good Queen. She could be no good Wife, 
 becaufe she was too great for her Husband within the Realm, 
 and refolved not to be without. A Catholick she was, but the 
 woii\ that ever held her pkce; her Father appeared what he 
 was, fpake plain English, and was eafily difcerned. But she 
 told the Pope a fair Tale of difclaiming Supremacy, and recon- 
 ciling her Kingdom , yet none of her Predeceffors did go be- 
 yond her in irregularity of her proceedings. Before ever she 
 called Parliament, she fettled the great Work of Reformation, 
 or rather Deformation in the Worship of God, by firgle Pro- 
 c1amation,and not only tookaway the partition- wall oiDoQtx'mt 
 by the like power,but gave way and power to perfecution there- 
 upon, to arife before any Power or Order from the Holy See, 
 then fo called, inabled her thereunto. And after that she de- 
 clared her (t\i convinced, that she ought not to exercife Eccle- 
 fiaftical Jurifdidion , and by her Inltrudions forbad the Bi- 
 fhops to ufe in their Procefs , that Ciaufe oiKegia Autoritate 
 fulcitus^ yet even thefe Inftrudiuns had no other Authority 
 than her own i and neverthelefs, ilie flill infcrccd the Execu- 
 tion of all matters concerning the publick Wor(hipot Gcd , 
 and Government of the Church, when as yet the Pope had 
 no admittance unto his ancient claim. It is very true, that the 
 Pope long ere now had made a fair offer, and the Queen had 
 lent her tar, but her Train was too great to move as faft as was 
 pretended , fo as no meeting could be had tiW the Queens 
 Marriage with S^ain was pait, and fuch as were difaffeded , 
 
 found 
 
Govern- f ZC.Edw.6. ^Mary. ^ Of Eng- 
 ment of \ ^Elizabeth. ^ land. 
 
 The «H^— *j.. ^ v,^ x^«^- 27^ 
 
 went -^ ^ /« t?i— L-.u <. , . /3 
 
 found it was bootlefs to ftop the Currcut of two fucli 
 mighty ftreams of Power, now joyned into one j and fo that 
 unclean fpirit returned feven times worfe than when he went 
 out, and took Seif:n, meerly upon Repeal of the Laws made 
 h^j Henry the Eighth, in the Negative, without farther Grant 
 or Livery : For though an exprefs Embaffage was fcnt to Kome^ 
 to perform the folemnity of the fubmilHon, yet the Pope died 
 before the arrival of the Embalhc, and the folemnity failing,k-ft 
 the Title of the Crown much blemiflied, yet was it not wholly 
 defaced ■■> for if the Statutes in Henry the Eighth, and Edward 
 the Sixth's time, did but confirm the pofTeliion, it's evident 
 that the repealing of thofe Statutes took away no Right from 
 the Crown, nor gave legal poffeliion to the Pope, that had 
 formerly neither pofTeffion nor right, but left him to his Re- 
 mitter, as in his ancient right, or rather in his ancient wrong. 
 Yet right or wrong , de faUo ^ he both did win and wear the 
 Keys fo long as the Queen lived, and fo far as (he pleafed i for 
 her devotion would not allow of abfolute obedience in that 
 kind, nor all for Gofpel, that the Pope faid or did ; but by her 
 felf and Council, executed the powers of Supremacy of Jurif- 
 didion in Church matters, not only in purfuance of the Papal 
 Authority, but in crolling the fame where the Popes way crof- 
 fed her opinion,as in the Cafes of the War between her Husband 
 and France, and the Power Lcgatine of Cardinal ?ool^ her con- 
 demning of Dodrines and Books to be Heretical by Procla- 
 mation, eflabliChingboth Prayers and Dirges, and other Orders 
 ofpublick VVorfhip, whereof more fully in thepublickHiftories 
 of thofe times, and the Queens Injundtions upon occallon of 
 the Death of Pope Julio, is to be fcen. 
 
 Laftly, (he was no good Queen, not only becaufe (he gave 
 up the peoples Liberties in Ecclefiaftical matters to the Foraign 
 ]urifdidioD of Kome, but undertook too much therein by tar 
 upon her own account, and in Civil Affairs, though Vc jure. 
 She was not inferiour toany;of her ProgenitoE^i yet She would 
 have it declared by the Parliament , as if the confideration of 
 her Sex or Birth, had made fomc hefitation in her mind, and iMarl.Parli- 
 when (he had made all clear, the commending her felf thereby ^'"^"^ 2. ct. 
 
 Pp to 
 
mentof'^ ^Elizabeth. S Und. 
 
 to the Prince of Spain^Wwh. her felf, indangered likewtfe that 
 truft of the Nation , which (he had received , and* caft fuch 
 a ihadow upon her own Supremacy, as in many things it is 
 hard to be difcerned. 
 
 Lafily, in her whole courfe uneven , fometimes appearing 
 like the Eldeft Daughter of Henry the Eighth, at other times 
 like a Fern-covert, led by the will of her Lord and Husband, 
 that wanting Supremacy himfelf, rendered her thereby beneath 
 herfel£ 
 
 For firft, she married by Adt of Parliament, as if she were 
 not at her own difpofing, profeffing as much in her fpeech to 
 the Londoners, upon tHe Kenti(h Fvebellion v fo a difference was 
 made between the two Sifters, the Marriage of the one being 
 by advice of Parliament, and the abftinence of the other againlt 
 the fame. Nor is the fame altogether irrational , for by the 
 one the Government of the Nation is indangered, and by the 
 
 other otherwife. 
 
 Secondly, by her Marriage she became doubly married, one 
 way relating to her Perfon unto her King i the other relating 
 to her truft unto her Council : For where a Foraign mighty 
 King is fo nigh the Helm, it's dangerous to truft the fame to 
 his Wife without the joynt concurrence of the Lords. The 
 matter in fad declared no lefs, for many times she had fleered 
 quite wide, had not the Lords been more ftiffto their princi- 
 ples than she.. 
 
 The firft year of her Marriage was Honey-moon with her, 
 she thought nothing too dear for the King, and that her felf 
 was but meanly married, unlefs her Husband were as com- 
 plete a King in her Nation , as any of her PredecefTors , al- 
 though contrarily the higher he was advanced, the meaner 
 Qic became. 
 
 Thirdly , by her Marriage she adventured her Title of 
 Supremacy of Jurifdidion : ¥ot Fhilip^s King had the Ho- 
 nour, Stile and Kingly name, and fohad the precedency i he 
 had todoalfowiththejurifdidion, forby the Articles of the 
 Marriage , he was to aid the Queen in her Adminiftrationof 
 the Kingdom , and maintenance of the Laws , Writs and 
 
 Commimons 
 
The Govern- t K.Ed w. 6. ^Mary. ^ Of Eng- 275 
 
 went of L ^Elizabeth. ^ Unci. 
 
 Commiffions,pafled under his name : He alfo fare in Parliament 
 voted therein, and joyncd in the Royal Aflent. 
 
 Laftly, joyned in the publication, and execution of all Laws. 
 To him alfo was Allegiance due, and therefore the Crime of 
 Treafon was equally againft his , as the Qaeens Crown and 
 Dignity, faving that it was refcrved to be as againft him only 
 during the time of Coverture, and yet had the Queen left iffue 
 by him,it would have been a hard adventure for the Lawyers to ^ ^ - ^^'^« ^ 
 have given their opinion in that cafe, feeing the King had been ^^'^^>> (^-^p-io- 
 Guardian to his Children during their minority. 
 
 Laftly, the whole power and jurifdiiSion refting in them 
 both joyntly,could not inable them to make or diffolve Courts 
 at will, nor conclude orders anddiredt-ions in cafes of Plea and ' ^'^''- '^^-/T*'- 
 Conveyance, nor Procefs concerning the fame. I Oiall fum up '^S'^l^ ^ ^'^* 
 all in this one conclufion, if neither of thefe three had an abfo- "^ ^' ^'^^' 
 lute Legiflative Power,either in matters concerning the Church 
 or Common Wealth, if noabfolute jurifdidion in cafe, either 
 of Life, Member or Eftatc : If they neither can create, unite or 
 alter any Court, cither concerning the Trial, and determining 
 the Eftates of the People, or their own Revenue. If not alter 
 or make any new Procefs in the Courts of Law : If not order 
 common affurances of Lands or Eftates, 
 
 And laftly, if they have no power in determining the laft ap- 
 peal and dchnitive fentcnce in matters of controverfie, but all 
 muft reft upon the fcntence by Parliament, there muft certainly 
 be found out a further fenCe of that grand Title of Supremacy 
 of Jurifdidion, Power, Superiority, Pre-eminence and Authori- 
 ty, than by the common vogue hath been made. The Title of 
 Supremacy , was firft formed in the behalf of Henry the 
 Eighth's Claim in matters Ecclefiaftical, which by the Statutc,is 
 explained under thele words of power, To vifit,corred,rcprels, '-sH.^.cx. 
 redrefs, Oftences and Enormities : This Power and no other 
 didQaeen E//2;j^^t6 claim, witnefs the words of the Statute in s El'f^ c z> 
 her own time. But in the framing of the Oath of Supremacy 
 in her time, not only in caufes tcclellaftical, but Temporal 
 (which never came within the Statutes and publick Ads in Hen- 
 ry the Scvcnth*Q time J are inferted i and if any thing niore was 
 ^'i^^" Pp 2 intended 
 
276 Tht Govern-^K, Edw.6. ^Mary.? OfEng- 
 
 went of 2, .g^Elizabeth. § l<i^d. 
 
 intended it muft come under the wordT^iw^x, which alfo was 
 inferted in the faid Oath, and yet if the words of the Statute of 
 Queen Elizabeth formerly mentioned be credited, th€ word 
 Ihingt ought to comprehend no more than the viOxA^Canfes ^ 
 and then the Power of Queen Elizabeth jp the Common- 
 Wealth will be comprehended in thefe words of Supremacy, 
 to vifit, corred:, reprefs, redrefs, Offences and Enormities, foi 
 the Supremacy in the Church and Common- Wealth, is the 
 fame in Meafure, and what more than this, I cannot underiUnd 
 out of any publick Adtof this Nation. Now in regard Of- 
 fences and Enormities are properly againft Laws, the power to 
 vifit and corredt muft alfo be regulated according to Laws,, ei- 
 ther of War or Peace, nor do thefe five words, Jurifdidtion, 
 Power^ Superiority, Pre-eminence and Authority, contain any 
 more Supremacy, or other fcnfe s for two of them fpeak| only 
 the Rank or Degree of the Queen in Government, viz. Su- 
 f)eriority and Pre-eminence belongeth only fo her, and not tO/ 
 any other Foreign power ; And two otb^^r words do note hcc 
 Right and Title thereto, by Power and Authority committed 
 to her : And the other word denotates the thing wherein fhc 
 hath Superiority and Power, viz. In Jurifdidion ; the nature 
 of which woxdVlpian (fpeaking of the nature of a mixt Co- 
 ver nment J explaineth thus. i ^anda fervata di^ione juris jh* 
 diciorumfit ammadverfio^ fo as this Supreme Authority in ju- 
 riCdi(3:ion is no other than Supreme Power to vifit, correct, re- 
 drefs. Offences, or determine matters in doubt by deputing fit 
 perfons to that end and purpofe according to the Law, and 
 this is all the Supremacy that appeareth to me belonging to the : ■. 
 Crown in thefe times. .15 bas <.^Dru 
 
 rfrrsf -^i} 
 
 CHAP. 
 
The govern- ^K.Edw»6, ^Mary.) OfEng- ^jy 
 
 mentof c ^Elizabeth. 3 Und. 
 
 " CHAP. XXXVI. 
 
 of the FoxiPtr of the Parliament during ihefe times, 
 
 ■\/\7Hen the Throne is full of a King, and he is as full of opi- , 
 
 nion of his own fufticiency and power, a Pariiamcnt is 
 looked upon as an old fafliion out of falhion, and ferve for little 
 other, than for prefent (hitr, when Kings have runthemfclvcs 
 over Head and Ears. A condition that thofc of that high de- 
 gree are extremely fubjedt unto, but where the Crown is too '.* 
 heavy for the wearer, by reafon of infirmity, the Parliament is '^J 
 looked upon as the chief Supporters jn the maintaining both 
 the Hononr and Power of that Authority , that otherwife 
 would fall under contempt : A work that murt be done with 
 curious touch, or a clear handi or they muft look for the like 
 Cenfure to that of a King to a great Lord that crowned 
 him. My Lord, I like your work very well, but you have 
 left the print of your fingers upon my Crown : Such was the 
 condition of thefe times, wherein a Child and two Women 
 are the chief, but ever under the corredtion and diredion of 
 the Common Council, in matters of common concernment. 
 Two things declare the point, the courfe of the Title of the 
 Crown, and the order of the powers thereof. 
 
 The Title ever had a Law, which v^as at the Helm,althougU 
 diverfly expounded. Kings ever loved the rule of Inheri- 
 tance, and therefore ufually firained their Pcdegree hard to 
 make both ends meet, though in truth they were guilty often- 
 times to themfelves, that they were not within the degreees : BcJinjep I.e. 
 The people ever loved the Title of Eledion, and though ever 
 they joyned it to the Royal blood, and many times to the right 
 Heir, to make the fame pafs more currant without interruption 
 of the firft love between them and their Princes •> yet more 
 often had they Kings that could not boaft much of their birth- 
 right, in their firft entry into their Throne : Of three and 
 
 twenty 
 
2j8 TheGoverft.QK.Edw,6.SM2Liy,yOfEng' 
 
 men f of 2, ^Elizabeth. ^ land, 
 
 twenty Kings from the Saxons tinne, four of the former had 
 no Title by inheritance s the two Williams^ Henry the Firft and 
 King Stevens of two others, we. Henry the Second, and K«- 
 chard the firft had right of Birth , yet came in by compact:. 
 The Seventh which was King "fohn^ had no Title but Eledi- 
 on. The Eighth, viz, Henry the Third came in a Child, and 
 contrary to compad between the Nobility and the French 
 Lewis \ the Ninth and Tenth fucceeded, as by unqueftionable 
 Title of defcent, yet the Nobles were pre ingaged : The e- 
 leventh, which was Edward the Third, in his Entry eldcft Son 
 but not Heir, for his Father was alive , but his Succeflbi was 
 his Heir : it's true, there were other Children of Edward the 
 Third alive, that were more worthy of the Crown, but they 
 were too many to agree in any but a Child , that might be 
 ruled by themfelves. Three next of the enfuing Kings were 
 of a collateral line. There two Succeffors, viz. Edward the 
 Fourth, and Edward the Fifth were of the line, yet Edward the 
 Fourth came in by dilTeifin, and Edward the Fifth by permif- 
 fion •> Richard the Third,and Henry the Seventh were collate- 
 ral to one another, and to the right blood, Henry the Eighth, 
 though when he was King might claim from his Mother, yet 
 came in as Heir to his Father. And if Edward the Sixth was 
 right Heir to the Houfe of Tork, by his Grand- Mother, yet can- 
 not the Crown be faid to defcend upon the two Sifters, neither 
 i8H8.f.7. as Heirs to him, uoi Henry the Eighth, nor to one another, 
 X Mar.S^Jfi, fo long as the Statute of their ilMgitimation remained, which 
 c^p. I. as touching Queen Mary ^ was till three Months after her 
 
 Entry upon the Throne, and as touching Queen Elizabeth 
 forever? for xh^t Virago provided for her felf, not by way 
 of repeal (as her Sifter had donej but more tenderly regard- 
 ing the Honour of her Father and the Parliament, than to 
 mention their blemift^es in Government, by doing and undo* 
 ing: She over looked that Aft of Henry the Eighth, and the 
 Notion of Inheritance, and contented her felf with her Title 
 H2 cap ^y ^^^ Statute made by her Father in his thirty Fifth year, 
 ^^ * which to- her was a meer purchafe, and was not afliamed to 
 
 declare to all the World, that (he did have and hold thereby, 
 
 and 
 
the govern- \ K.Ed w. 6. ^Mary. ? OfEng-^ 
 mentof I ^Elizabeth, y land. 
 
 279 
 
 and that it was high Treafon for any Subjcdl to deny , that 
 the courfe of the Crown of England is to be ordered by Adl 
 of Parliament. And this power did the Parliament excrcife, 13 £Jizx i. 
 not only in ordering the courfe of (he Crown to Queen 
 Mary znd Queen Elizabeth^ but during the Reign of Queen 
 Elizibeib^ fo far as todifinherit, and difableany pcrfon who 
 fhould pretend Right to the Crown, in oppofition to the Right 
 of Queen Elizabeth \ and upon this point only did the whole 
 proceedings againft Mary Queen of Scots depend, who clamed Jhun.xol. 1. 
 to be, and doubtlefs was Heir unto Henry the Eighth, after lib- lo- 
 the determination of his Right Line , and yet (he was put to 
 death for pretending Right by the Common Law, in oppofiti- 
 on to the Ad of Parliament. True it is, that this Dodiine 
 doth not down well with thofe that do pretend to Preroga- 
 tive, aided (as they fay) by the Ad of Recognition, made to 
 Kw^Jamer^ and the Oaths of Supremacy and Allegiance , i^ac.cap.i. 
 which do make much parly concerning Inheritance and Heirs : 
 Neverthelcfs it is as true, that the Ad of Recognition made no 
 Law for the future , nor doth the fame crofs the Statute of 
 13 Eliz. nor doth it take away the power of the Parliament 
 from over-ruling the courfe of the Common Law for after 
 Ages. Nor do the Oaths of Supremacy and Allegiance hold. 
 forth any fuch Obligation unto Heirs, otherwife than as fup- 
 pofing them to be SuccefTorSjand in that relation only. And 
 therefore was no fuch Allegiance due to Edward the Sixth 
 Qiieen Mary , or Queen Elizabeth^ .until they were adually 
 poffeffed of the Crown, as may appear by the Oath formed by ,, Hi cap.i: 
 the Statute of Henry the Eighth, touching their Succedion. 
 Nor did the Law fuppofe any Treafon could be aded againft 
 the Heirs of Edrvard the Sixth, Queen Mary^ or Queen Eliza* 
 beth^ until thofe Heirs were adually poffefled of the Crown, lEllz.^x.ii. 
 and fo were Kings and Queens, as by exprefs words in the fc- y e? 6.E^6. 
 veral Statutes do appear. Nor did the Recognition by the ;Per- caf.ii. 
 liament made to Queen Elizabeth^ declare any ingagement of ^ '^ ^ Phil.^ 
 the people to aflift and defend her, and the Heirs of her Body ^^^."^ '^'^P-io- 
 otherwife than with this Limitation, Being Kings and Queens of * ^^*^' '^^^' ^" 
 tbit Kealnty as by the Statute in that behalf made doth appear. ^ ^^'^' <^-3 • • 
 
 And 
 
ment of^ ^Elizabeth. 3 land. 
 
 And laftly,fhad thofe Oaths been otherwife underftood^the 
 Crown had by the virtue of thcna been pre- ingagcd. To as it 
 could never have defcendcd to Queen Mary^ Queen Elizs' 
 bethj or King Jamer^ but muft have remained to the Heirs of 
 Edward the Sixth for ever. 
 
 Secondly , the fame power that the Parliament cxercifed 
 in ordering the courfe of Succeflion in the Crown, they ex- 
 ercifed likewife in determining and diftributing the Powers 
 and Priviledgcs belonging to the fame : For thefe Times 
 were full of Novelties. The Crown had formerly fitted 
 a Childs head more than once, but is never tried to iitaWo- 
 mans head fince the Saxons Times till now, that it mull make 
 trial of two. France might afford us a trick of the Salique 
 Law, if it might find acceptance. And the unfettled fiatc of 
 the people , especially in matter of Religon , might require 
 the wifeft man living to fit at the Helm, and yet himfelf not 
 fufficient to fleer a right courfe to the Harbour. Never- 
 thelefs, the Parliament having the Sfatutc of Henry the Eighth 
 to lead the way, chofe rather to purfue a Rule than to make 
 one, and foon determined the point, viz.. That the Crown of 
 England with all the Priviledgcs thereof equally belong to a 
 Woman in poffeiiion, as to a Man or Child. A bcld Adven- 
 
 I Mar. Pari turc I fay it was i but that Henry the Eighth was a bold 
 
 cap.i. Leader, and yet the bolder it was, if the confequence be 
 
 confidered ; For Qu^e^n Mary as a Woman, brought in one 
 new Precedent, but in her Marriage a worfe , for fhe aimed 
 not only at a Foraign blood , but at a Prince in Power and 
 Majefty exceeding her own , and thereby feeking advance- 
 ment, both to her felf and her Realm, indangered both. The 
 matter was long in debate between the Spanifti and Englifh , 
 
 SkiJen. and now had bulied their wits about ten years, at length a 
 
 Supremacy is formed fuitable to the Lord and Husband of 
 
 - Queen Mary^ that could not be content to be one inch lower 
 
 than her fclf. Philip had the name of a King, and precedency, 
 
 1 Th, 'J Mar. and in many cafes not without the Allegiance of theEnglifli. 
 
 P;jr/.x CIO. Their offences againft hisperfon equally Tieafon with thofe 
 
 againft 
 
The Govern- c /C.Edw.6. ^Mary. ^ Of Eng- 
 went of \ ^Elizabeth. \ Und, 
 
 a^d ik riyanfv Ga^nc^ w>«hHm; the A^1cg\v,ec ofMhc>Fng^^ni. 
 T\eir\oltr\e\agHnX liiSH?er^n ^^XW Ae^nVitFkthdCc i n. 'dMar. 
 igainft the Queens own perioni and indidmcots run,Co»/rrf;>j- P-w/.z. cio. 
 cem^ & coronam V. Ke^is & Kegin£, Tiiat in fome Cafes he 
 participated in the Regal Power may appear, in that by the Ar- ^ ^h 'J Mar 
 tides, he wasto aid the Qjieen in the Adminifiration of the Psrl.i.c.i, 
 Kingdom •, he joyned with the Queen in the Royal Afrent,and 
 in Commillion, Letters-patents, and in Writs of Summons of 
 Parliament, as well as others i yet in the words the Crown is 
 rcferved only to the Queen, and (he muft Reign as fole Queen. 
 Now if the King had broken this Agreement, cither the Par- 
 liament muft over-rule the whole, or all that is done muft be 
 undone, andE«g/<J«ii muft bear the burthen. A Queen Regent 
 is doubtlefs a dangerous condition for Englaud^ibovc that of an 
 Infant King, unlefs the be married only to her people. 
 
 This was obfervcd by Queen Elizabeth^ who therefore kept 
 her felf unmarried : nor did the people otherwife delirc her 
 Marriage, than in relation to Poflerity. Few of them liking 
 any one of their own Nation fo well, as to prefer him fo highly 
 above ihemfelves, and fewer any Foraigner, This was foon 
 efpyedby Foraign Princes i and the Queen her fclf perceiving 
 that (he was like to receive prejudice hereby in her intereft a- 
 mongftthem, figniHed by her EmbalTadours, that (he never Bodin Jc ReP. 
 meaned to (loop fo low as to match with any of her Subjects ''^.^•« 
 but intended to make her choice of fome Foraign Prince, who 
 neither by power or riches fliould be able to prejudice the in- 
 tere(\ of any cf her Neighbouring Princes. A pretty Comple- 
 ment this was to gain expedition from thofe abroad, and bet- 
 ter correfpondency thereunto. Upon this ground divers Princes 
 conceived hopes of Hiore intereft than by trial they could find. 
 And the Archduke of ^ttjlria began a Treaty, which feemingly 
 was entertained by her, but her Propo(als were luch aslllcnccd 
 all thofe of the /^njirian Intereft for ever after, tiz. 
 
 I. Ibst ihe Komifh Religion Jljould nevtr be admitted int$ 
 England. 
 
 Q.q 2. That 
 

 2. 7i!?tf* MO w<i« fW /^^ married^ (honld ever vpear the'titlf 
 of King. .« 
 
 3 . T)E>4/ «<7 Foraignerjhould ever intermtddle in the Kule ana 
 Government of the Church or Common-rvealth, nor in the Minijiry 
 of the Church. 
 
 , . ^■.. 4. 7hat if he fttrvived the ^een he (Ijould never challenge 
 
 ^.3 ,i,;^. any 'title or Intereji in the Government^ or any Vojjeffion in Engy 
 
 e|.i.?j.wtk3L land. bn^rn 
 
 •8'^ •'- 5. She would never marry any one that (he might not frfifee, 
 
 ni.-i .^"G -i §Q ^5 either (he aimed at fome inferiour Prince , that durft 
 
 not look fo high, or elfe (he did but make femblance till (he 
 
 was nigh forty years old : and in all declared that (he liked 
 
 not her Sifter Maries choice. 
 
 To thcfe two Powers of Determining and Diftributing, I 
 
 fell add a third of Deputing , which the Parliament exerci- 
 
 fed as formerly it had done. Henry the Eighth had in Eccleli- 
 
 aftical matters exercifed a Power beyond the Law , and yet 
 
 by Parliament had provided pofitive Laws.by which the fame 
 
 ought to have been ordered i thefe were alfo confirmed in Ed. 
 
 w'-ar^ the Sixth's time, with fome Additionals. By thefe, parti- 
 
 I C? 4 ^. <f- ^^i^j Commiflioners were appointed for the making of Ecclefi- 
 
 j^;-yj,^^j^a(ticalConltitutionsi and the Ring himfelf had a powerof E- 
 
 I Edw.g.'c.i. ' pi-fcofadory, without Conge dejltre. They like wife limited the 
 
 1 Edw.6.c.i. power of Ecclehaftical Courts, altered their Procefs, reformed 
 
 J e> ^£. <?. their Cenfures, even that grand Cenfure of Excommunication 
 
 c- I- it felf. The like, or much more may be faid of their deputing 
 
 jr Ehz*c.iO. pQy^^gj jn ci'vil Affairs, as well by inlarging the King's power,as 
 
 in abridging the fame : for whereas fome of the Succeffors of 
 
 Henry the Eighth, had power by virtue of his Letters- patents, 
 
 after twenty tour years of age, to annul any Ad of Parliament 
 
 by them made before that age. In the time of Edrvard the Sixth, 
 
 notwithftanding the Prwip of that Law, and although Edward 
 
 the Sixth was not then twelve years old, yet the Parliament 
 
 3 li'».6.c.ii repealed all, and reftore^ to Edrvard the Sixth only that power 
 
 for the time to come, but not to any of his Succeffors i and 
 
 whereas Henry the Eighth had gained to himfelf and his Suc^ 
 
 ceflbrs a Legiflative Power by Pieclamation •, the Parliament 
 
 IB 
 
The Govern- f /C.Ed w. (5. .^iVlary. ^ Of 'Epj^ ag, 
 
 ment of I ^Elizabeth. j" land. 
 
 in "Edward the Sixth's time took the fame quite away, and il^dzv.6.c.i\~ 
 icduccd Proclamations into their Jormer fober pofture. Tlie 
 like may be obfervcd of the Power of the Parliament, in or- 
 dering the Lives, Members aud Elhtes of the People In mat- 7 E^vj.f. f.i» 
 ters criminal » and in making and altering Courts of Juftice, ^ ^^•^r'^^Jf-^- 
 and bounding their Power, altering their Procefs, abridging ^^^5' ^ ^**' 
 their Terms tor liadicature, reforming Errors in pleading a- ^ T:/^'t'/'Z. 
 mendmg common Conveyances and AlTurance, as in palhng ■>,c.i%. 
 Fines with Proclamations i their courfein County Palatine i yCf ^. f.i^. 
 Limitations of Prcfcription i fraudulent Deeds \ Recoveries by 
 Collulior, &c. in all which the Crown had no power, but in 
 and by the Parliament. Many particulars more might be added, 
 if the matter fo required vfor the Statutes arc more full in ihefe 
 later Times than formerly, and may foon lead us beyond a jull 
 period in fo clear a matter. 
 
 CHAP. XXXVIL 
 Of Junfdii^iofg Eccleftafiicalinthefe la§i Timet, 
 
 I 
 
 N the general, and in relation to the Foraign Jurifdidlion of 
 Kom^, it-was like a Child in an Ague, under Fits of Heat 
 and Cold \ but in it fclf under the Prelacy, ftill growing in 
 Stature, though not in ftrength. Edward the Sixth came in 
 like a ftorm that tore up Epifcopacy by the Roots, yet a Top- 
 Root remained intire with the liock, bearing (hew of a kind 
 of Divinity, that though bared of the old Soil of the Papacy , 
 yet tranfplanted into the new Mould of Royalty, foon convey* 
 cd a new life, which made the ftock ftill flouri(h, and grow in- 
 to a better condition than formerly it had. Their Legillativc 
 Power in matters concerning their own intereft, though in 
 outward view feeming their own, yet was doubly difturbed 
 from the Pope and the King, who, though many times op- 
 pofed one another, yet evermore were both of them in oppo- 
 fition to the Church, and with the greater bittcrnefs by their 
 
 ' 05 2 OWH 
 
? ':^ ; 284 ^^^ Govern-^K. Edw.6. .g^Mary. ? OfEng- 
 
 went of ^ ^Elizabeth. 5 l^nd. 
 
 • t- awn mutual Emulations. Butnow the Church is come under 
 ^ the control of only one that joyned witli it for their mutual 
 intcreft , as being both of them imbarqued in one and the 
 >, i fame Ship. 
 
 Two things concurred to the furtherance hereof. 
 Firft, the Times were tender, and fcarce able to digeft the 
 ^i, change of W or (hip (now patronized by E^jv^jr^ the Sixth ) 
 much lefs able to digcft the change of Government, if the fame 
 bad been undertaken in a different way from what it was for- 
 merly. 
 
 Secondly, the Times weiealfo dark, and few faw the bot- 
 tom of Prelacy, but lodged all the prejudice in the perfons 
 that managed that calling •, and certainly they had the lefs 
 occafion to doubt of their own judgement therein \ bccaufc 
 Edrvard the Sixth had the good providence of God to lead 
 him to make ufe of fuch men in that place, that were meek , 
 and holy , and themfelves attempted in the fire of Perfecu- 
 tion, and therefore more tenderly affeded to others in that 
 condition i and thefe carrying themfelves like tender nurfing. 
 Fathers in their places, wrought in the people a good opinion 
 of their places, and that Form of Government for their fakes v 
 yet even in thofe firft Times of Reformation, fomewhat appear- 
 ed in that very quinteflence of Epifcopacy , in matters about 
 Ceremony and Conformity, that might have taught wife men 
 . to beware. Upon fuch grounds as thefc it went well .with 
 i Epifcopacy in thefe firft Times of Pveformation, but ill with 
 the Church in the iflue. That Prelacy was a Gainer by the 
 change in Henry the Eighth's time, hath already appeared i and 
 that it ftill gained , may further appear , in thefe enfuing 
 Confiderations. 
 
 Firft, whereas formerly Bi(hops were regardent both to 
 the Crown and Presbytery Cfor fo may the Dean and Chap- 
 ter be accounted^ in the point of Eledion by Coffee dejUre\ 
 now they are made the birth of the King's own breath, which 
 xE,i.c.^• thing was never deduced from the ancient Right oft he Crown 
 Cfaving due honour to the air of the Preface of the StatuteJ 
 for in the befi Times it never hid more than a power oi ia- 
 
 vefture •,. 
 
The goverfi- XK.Ed\v,6. ^Mary. > OfEng- 285 
 
 fjtentof l ^Elizabeth. 5 land. 
 
 'u 
 
 i;^t 
 
 5t); velWe : but from the neceility of the times fo corrupted, that 
 .Deans and Chapters generally were of the Roman Spirit ,' and 
 gave little hope of good Eledions bjr themfeJves, belides the 
 iiate of Learning and Holinefs was now at the low water mark 
 fo as little fupply being looked for to begin the work of Re- 
 formation from beneath, they began above, and fo it proved 
 but a weak building for the longer time. And thus a lefTon is 
 left to future Parliaments, thar in Cafes of Reformation they 
 are not to be ftridly holden to Rules of Law or Precedent. 
 
 Secondly, the Prelates hereby had their Authority confirmed 
 by Ad of Parliament, and fo were now built upon a foundation 
 that formerly did hang only upon a pin of power from Rome : 
 For jurifdidion without Authority is but a droplle that brings 
 inevitable confumption in the conclulion. And thus the Prelacy 
 arc inabled to hold Courts without contradidion, and direded 
 in their Procefs, who formerly hadlfgood Title to either in 
 that courfe that they held the fame. ' 
 
 Thirdly , though their Jurifdidtion was defined by the 
 Statutes, yet in larger bounds than ever the Statute Laws 
 formerly noted \ and in what they claimed power , they did 
 it not altogether upon Civil Right, but ftiU kept' an awful 
 regard to their Perfons and Power, as under the fway of a 
 Divine Donation, and therefore as in thofe matters to them 
 by^the 4i» Statute allowed, they did proceed in the Name and 
 under the Seal of the King, fo in other things of Collation 
 Inllitution, Indudtion, Orders, Excommunication, and fuch 
 like, they proceeded in and under their own l^ame and Seal » 
 and which was a Crown to all the reft , power is ftill given to 
 the ArchbiOiop of Canterbury , in cafes of faculty and dif- 
 penfation, to proceed under his own Seal, and not the King?, 
 as if it were a power independent upon tiie Crown, and be- 
 longing unto the man, neither by Statute, nor Coi^miliion, 
 but coming by fome fecret Influence from the very place 
 it felf i although in the clear fenfe it is no more than a 
 power of Non. ob{Untc , in the point of obedience to the 
 
 Canon 
 
went of '^ ^Elizabeth. 3 land. 
 
 Canon Law, which by a Statute in ^Hemy the Eighth's rime , 
 is declared no Law : But let this pafs as a Mole in this fair 
 face of Church Government. The Prelates are now become 
 of the Vicinage, Vrobi & legates homines ^ they have their ju- 
 rifdidioD by Law eftabliflicd, what they lofe in breadrh, they 
 gain in height and goodncfs of their foundation • Yet their 
 Attire looks ill favouredly in Queen Maries eye, (he will have 
 it of the old cut again, and though Cardinal Toole was well 
 feen in the Roman ta(bion, yet when he had done all, he did no 
 more than (hape a garment to ferve the prefent Interlude, nei- 
 ther fit fo the body, nor eahe to be worn, and therefore after 
 four or five turns upon the Stage it is thrown away. Never- 
 thelefs, during the time that Ewg/^«/i was thus dancing thel- 
 talian meafure, Prelacy in England held its own DomelHck garb 
 fo well, that neither ?oole (being of Englifh blood, not much 
 diftant from the Crown, and then alfo holding the Chair Le- 
 gatine, as little inferiour to the Throne) would not impofe too 
 much, nor Queen Uary^ a \^oman of a flout Spirit, yield far- 
 ther than (he liked : By means whereof, the Prelacy looking no 
 more to Tvome than the power in Appeals i and therein little 
 more than the bare Title, played Hex all the while with the 
 people, under colour of Herefie and the Canon Law : Which 
 row was again made their Rule : and thus as touching their 
 Eledion and ]urifdi<ftion, they were as before. For Queen 
 lAary did nothing but by fingle Repeal. But Queen Elizabeth 
 being true EngU(h, both by Father and Mother, liking not this 
 retreat, faced about, routed the Roman fa(hion out of fafhion , 
 put Prelacy to its clofe guard, and received it upon capitulation, 
 not only to mercy but favour, and fo became her Vicar to exer- 
 cife her Eccleiiafticaljurifdidion, Verfaltum; For it is hard to 
 find by what fteps they gained this pitch : lienry the Eighth 
 was Supreme Head by lubmidion of the Clergy, by Refum- 
 ption, and by Ad of Parliament •, and as fuch the power of 
 Bilhops formerly derived from 'Kome ceafed, and Henry the .; 
 Eighth after reftored it anew , and (etled the fame by feveral^ ' 
 Ads of Parliaments which Edrvard xht Sixth confirmed with 
 divers additional Ads of further benefit to them, as hath been 
 
 already 
 
T^egaverfj' XK.Edw.6, ^Mary.7 OfEttg- 287 
 
 c S, Elizabeth, i 
 
 mentof I ^Elizabeth. 3 land. 
 
 already noted. But Queen Mary altered all by repeal of the 
 former Laws, and {o left all in Remitter, as before the altera- 
 tion by Hfxry the Eighth, and did neither give or grant any 
 jarifdi^tion to the Pope. Laft of all comes Queen Eliz^beth^ 
 and by repeal and refumption pofTelTed her fclfof jurifdidion 
 Ecclefialtical,and granted Election of Bithops by Conge deflire^ 
 but never gianted to the Bitbops Ordinary jurifdidion by any 
 exprefs a(^ , other than pcrmillion of them to continue in 
 their former courfe , notwithftanding that the foundation of 
 their jurifdidion had been altered twice, and fo it will be dif- 
 ficult for it to hold by prefcription or cuftom, or any other way 
 than by a kind of Divine Right, which began to be pretended « 
 yet to this day could never be made evident to the World. 
 Whatever the ground was, the thing is plain, that Prelacy in 
 Qiieen Elizabeths time had this Honour allowed thereunto, 
 that it was upholden by Eledion from Ecclefiaftical men, and 
 held its juiifdidion, as from it felf,and in the nan>e of BiChop 
 as Ordinarys and the power of Excommunication by a faving 
 in the Statute-Law, and not by exprefs donation-, notwith- 
 ftanding the late Precedent in the time ofE^wjr^the Sixth to 
 the contrary. 
 
 Secondly, the Rule of this Jurifdidlion was no lefs at large, 
 for the Canon Law was determined by Henry the Eighth, and- 
 Ednfard the Sixth, and was not revived by any Adt of Parlia- 
 ment, by Qu^een Mary or Queen Elizabeth^ who neither purfued 
 the Medium of the thirty two Commiliioners,nor fettled other 
 Rule but a few Canons, which Cafterfome time) by Qiieen 
 Elizabeth and her Clergy were agreed upon, but never confirm- 
 ed by Ad ot Parliament : And fo could never bind the Subjed, 
 and which in general fet forth a kind of form of Church- policy, 
 yet no faftiion of jurifdidion , or rule of proceedings in the 
 Ecclefiaftical Courts, but in fuch Cafes left them to the Canon 
 Law, which was hidden in their own brcafts,and could be made 
 ftrait or wide as they pleafcd. 
 
 Thirdly, their Cenfures now grew more (harp j for whereas 
 
 at 
 
a88 TheGovern-^K, Eclw.6. ^Mary. > OfEffg- ' 
 
 ment of^ ^Elizabeth. y land. 
 
 at the utinoft formerly they could do no more bjt imprtfoti, or 
 deliver over to the Secular Power, and that only in cafe of 
 I ^-I'Z. ci' Herefic, and yet had fcarce ground of Law for what they did •-, 
 now they have an additional power, to fine and imprifon in 
 Cafes of inferiour nature, and fo can reach all that a man hath, 
 even to his skin s neverthelefs this was not annexed unto the or- 
 dinary Jurifdidion, but given by extraordinary Commi(i/on , 
 called the High Commijjinn^ wherein, though many others were 
 named, yet the Clergy and Canonifts did the work, the reft 
 being but in nature of a referve to them, in cafe they were put 
 to the Rout. The power of thefe Commillioners was to ex- 
 ecute the Queens Jurifdidion in Caufes Ecckiiaftical, ib as the 
 Bifhops are doubly intereftedin this work > one way, by fup- 
 pofed Commiifion from God, as Ordinaries within their own 
 Dioccfs only, and fo may proceed to Excommunication or De- 
 privation i the other way, by Commiilion from the Queen, as 
 Members of the High Commiilion (for fo many of them were 
 fuch as the Crown would pleafe j and fo they might fine and 
 imprifon. They might and did, I fay, by their Commiilion, 
 but not by the Statute that gives Authority thereto, and there- 
 fore cannot be faid to be dene legally. 
 
 Fourthly, befides the contraded power of making Canons 
 in the Convocation, by the power of the Royal Affent \ the 
 Queen had a power of making Laws by their confent, in mat- 
 ters of the criminal part of the Worfliip of God. . 
 
 This might be tolerable for tha Life of one Queen, who 
 might be prefumcd, would (if (lie lived a few years J fettle aH 
 things -, but to fubjedt the confciences of all the people to the 
 opinion of one Metropolitan, that might opinionate ftrange 
 things, and that the Succeflfors of the Queen Hfiould ufujrp this 
 as a Flower of the Crown, to determine what is for God's glo- 
 ry in fuch cafes, and to be always altering and patching up a 
 Form, as he and his Metropolitan, or one of them alone lliaH 
 I Eliz. c,^. think meet, is neither commendable upon any grounds of Dt* 
 vinity or hunaane Policy. 
 
 Now 
 
i^^^^^|M^—WI—»—^— ■—■■■■— ■— ■ I .11 I 111 I ■ —— — ^^1H^— W^ tiaMMM—— ^l^i^— — ,^^,^^,^1,^ 
 
 The Govern- c K.Edw.6. «^Mary. i Of Eng- ago 
 
 iwe«/ ^/ I ^Elizabeth. \ land. 
 
 Now amid It the ilourilliing Eftate of Prelacy, it's no won- 
 der if tlie Churches be no Gainers, but like Plants fpci ding 
 their Natures in luxuriant branches, cither are over turned 
 by the next blafi of wind , or do wither upon the leaft 
 change of Skie: That the whole ordering of the Church 
 Affairs refted originally in the Parliament, no man can que- 
 ftion, confidering whatever the Qyeen did, or had therein 
 was from the power ot Ads of Parliament. And that the 
 power of Excomnrunication it felf, notwithdanding that 
 the Church held it by way of refervation or faving. and not 
 by donation from the Parliament, by any exprcfs Adt, yet 
 was that faving with fuch Limitations, as that it relieved but 
 a lame power in comparifon of what it claimed, and exercifed 
 in former Times \ for whereas formerly the Church- men 
 had the Writ, Ve Excommunicato Capiendo ^ at their own 
 beck \ now it will not come but upon Articles and certain 
 Conditions, 
 
 I. In cafes of Herefic. 
 
 a. Of deferting of the Sacrament. 
 
 3. Deferting ot publick W'orfliip. 
 
 4. Maintenance ot Error, 
 
 5. Incontinency. 
 
 6. Ulury. 
 
 7. Simony* 
 
 8. Perjury. 
 p. Idolatry. 
 
 In other matters the Spiriiitual Sword muft find or make 
 their own way, or elfe be quiet. 
 
 Secondly , the Church was now no lefs under the Chair 
 and Throne , than under power of the Parliament i nor is it 
 a wonder , it it could not thrive when it was fo over- 
 dropped : lor Prelacy by the King's arms is lifted up fo high 
 above the other Clergy , that the reff of the Clergy are as 
 much underlings to the Prelacy, as the Prelates are to the 
 King : They dare not offend the Crown , Icll they (liould 
 lofe their Honours, nor the inferiour Clergy them , left they 
 Ihould lofe their Livings and Liberties h and fo the Prelates 
 
 fi ^ fpcak 
 
mentof^ .g^EIizabeth- $ land. 
 
 fpcak the (cnfe of the Clergy, and make the Crown their Ow- 
 cle. Thus in the Church- matters the Crown is all in all. 
 
 
 CHAP. XXXVI I. 
 
 Of the Militia in thefe later Times. 
 
 TTcjinnot be denied, but as in the fober Government of this 
 Nation,there is a Supremacy of Command,fo alfo in therudeft 
 Times of War i and wherefoever the fame is fettled, there rauft 
 the Militia alfo be. 
 
 The word Militis is a general notion, fufficient enough for 
 a name or title, but not to define the thing, I take it for nothing 
 elfe, butthe Government of the Common- wealth, when it is 
 in anger, or War, or in order thereunto. Itconfifteth in the 
 railing, arming, ordering and paying of the Soldiery. The Ti- 
 tle of the Supreme Power in all this work hath been of late 
 put to the queftion,and brought us to this fad condition of trial 
 by Battail,and by Fighting, to find out who hadthe chief power 
 to fight : a Leflqn that might have been learned from former 
 Generations foregoing, at a far cheaper rate, when England'l^ 
 well in its wits. Where the Law of Peace is fettled, there alfo 
 is the Law of War i and in what condition the Crown ftandeth, 
 in relation to the Legillative Power, in time of Peace, may be 
 feen in the foregoing Difcourfe. In War he Ts the peoples Ge- 
 neral by his place i yet if any impediment do befall, either by 
 natural Difabilities, or civil, to render the perfon incapable of 
 the managing of the Service, there isno queftion but the peo- 
 ple may order the matter as they pleafe. Examples hereof 
 thefe times are full, wherein we have a Child, a Virgin, and a 
 Married Woman to fway the Work, all of them in a very un- 
 meet condition for fucha Truft,and yet by the help they had, 
 they managed it well enough. The power of him as King or 
 General in the Army, is all one s but before it isin. bodied^ as a 
 "liing only 5 he may do fome things in order theieto, accord- 
 ing. 
 
t n 
 
 ih^ Govern- 
 went 
 
 ?r«- cK.Edw.6. ,^Mary. ^ Of E»g. 
 of I ^Elizabeth. f /^«^. 
 
 >9i 
 
 ing to the Law and Cuftomof the Nation s yet this falls un- 
 der a double confidcration of the time and occadon. In the 
 recefs of the Parliament, he is the tirfi: mover, and ought to 
 move by the advice of his Council, if occal'ion do piovolve to 
 Armsi but if the fame befal the Parliament then fitting, no 
 Hirtory or Record do mention that ever he moved but by their 
 concurrent advice and direction. The occafion cither pro- 
 voketh otfenfiveor defenlive War with other Nations, or with 
 the people of his own Nation, in the cafe of Infuired:ion. Ex- 
 amples of War with other Nations, that may be called offcnfive 
 Wars : we have but two, one in Edrvardthc Sixth's time with 
 Scotland^ and which was but in purfuance of a W^ar begun by 
 his Father, and wherein the Kingdom ftood ingagcd , in a cafe 
 that concerned the publick good and fafety, viz. the Marria<»e 
 of their King refufed. after promifc made. The other was in 
 the time of Qiiecn Mary with the French, which fomewhat rc- 
 flcded alfo upon the publick faftty, but more upon the dif- 
 honourof the fame. In none of thefc did either of the Su- 
 preme Powers array, or raifc men by Prerogative, but only fuch 
 as were Voluntier in that Work. And becaufe the people were 
 ill principled in Edward the Sixth's timfe. in regard of the 
 change of Religion, he was induced to hfie Foraignaid out 
 of GermaHy, The Wars in the time of Queen Elizabeth 
 were in order to the defence of this Nation, being ever un- 
 cler a malignant Afpe<fi: from abroad, efpecially from Spain ^ 
 in Ireland^ France^ and the Low-CoMntries ■■, yet were thefe 
 Wars ferved only by Voluntiers, nor did any Commilhon 
 give power of impreliing men to fcrvc againft their wills 
 in any Expedition made to any of thofe places, as the Corn- 
 millions upon Record do teftitie. If any Levies of Men 
 were othtrwife ma<5e , or compulfory means ufed for fuch 
 ends, they are to be reckoned up amorgft the errata^ whereof 
 the parliament took no notice, in regard it law the ends 
 and ilTues of fuch reflexions in Govcrment to be fucccfsful 
 and honourable, and that all was done by Council, and a 
 Woman popularly affeded, and therefore lefe feared invafion 
 upon their Liberties i or ofhetwife they are to be imputed to 
 
 Rr 2 the 
 
7Q2 T'/;<J^^t^er«-$K:.Edw.6. ^Mary.? 0/£ff^- 
 
 '^^''^fnentof^, ^Elizabeth. $ Und, 
 
 the condition of thofe places, being Members of theCcxmmo'i^- 
 wealth \ as the caationary Towns in the Low- Countries], and 
 the Iri(h Plantations were , and fo befel under another con- 
 iideration of adcfenfiye War, in cafe of invaHon and common 
 danger tiiereby, or by inteftine broils, during which condition, 
 as it is the King's duty to levy and array men, fo is it the duty 
 of the people to be ready to aiiift one another in all fuch ex- 
 igencies, 'and to defend the publick Liberty i neverthelefs , 
 thefe Arrays are not left wholly at the Will of the King, but 
 to difcretion of the Council, how far the fame (hall extend : 
 For never were general Arrays made , where but one Coaft 
 was in:danger,and where no conqueft is ip pretence, but only 
 piracy or plunder. But if the difeafe were general, as in the 
 year 88. the Array was general , and yet it was of none, 
 but thofe that were of the Trained-bands, befidesfuch as were 
 , Voluntier. i 
 
 ■' Secondly , the arming of thefe men was. alfp.diyerllf, 
 '■ there was no general Rule or Law for the arming of men 
 lince the time of Edward the Firft , to the time of Queen 
 Mary , but the Statute at lyinton i the courfe of Tenures, 1 
 mean of fueh m«ffas were of the Militia of this Kingdom: So 
 as when they were raifed , they were raifed in their own 
 arms : But for fuch men as palTed the Seas for Foraign Ser- 
 vice, as they were Voluntiers, or fent over by the Parliament, 
 thefe were armed according to fpccial contradt. But 
 Queen M^^y having gotten a fafe refer ve from Spain upon 
 all adventures, and a ftrong Intereft amongft the people, by 
 upholding the Catholick party , made no bones to innovate 
 i in the point of arming of the Militia , although it ceft the 
 j people much more than was impofed ifpon their Anceftors. 
 I The pattern hereof was taken from the Spanifli Cabinet, the 
 Qucen,being loth to be inferiour to hei own Husband, in bring* 
 ing as much Qrength to him as ht to her, and both of them 
 willing enough to appear potent in the eyes of France, that 
 then flood in competition with them both : A yoke it was , 
 jct neither the King nor Queens Will, but the Parliamentput 
 
- The govern- I /C.Ed vv. 6. ^Mary. > OfEtjg- 
 mentof I ^Elizabeth. \ land. 
 
 |t p„0,.and eie an age expired was caft off again ; For the bet- 
 iter underfunding, fee it in this Scheme. 
 
 293 
 
 toool. 
 
 Lances 
 6 
 
 Li^bt HmCe. 
 
 Corflitf 
 40 
 JO 
 
 20 
 10 
 
 BoZOCf . 
 
 20 
 
 Hacquduts 
 
 Btlh. 
 
 10 
 
 20 
 
 20 
 
 1000 mar^s. 
 
 -i— 
 
 6 
 
 10 
 
 10 
 
 400 /. 
 
 4 
 
 8 
 
 6 
 
 
 zoo I. 
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 3 
 
 2 
 
 
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 5 
 
 5 
 
 
 100 imdfkj. 
 
 
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 10 /. 
 
 
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 'cf Plate, 
 
 1 - 
 
 
 
 Goods, 
 
 
 
 1000 mark'' * 
 
 1 ^ — 
 
 z 
 
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 £ 
 
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 ioo/. 
 100/. 
 
 ! 
 
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 TtroCoais 
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 .H 3xi; iv 
 
 "iifhc 
 
394 ThiCovernXK, Edw.6. ^Mary. 1 OfEng- 
 
 mentof^ ^Elizabeth. 5 land. 
 
 The Lances were to be compleatly harneffcd , or the' one 
 half of them , the Corcelkts fuirifhed with Coats of Mail 
 and pikes: the Bows with an Iron Cap, and a Sheaf of Ar- 
 rbws. The Hackbuts with Sallcts-, all which was to be over 
 and befides fuch Arms as men were bound unto by Tenure , 
 or Covenant with the Landlord , or by virtue of the Statute 
 23//. 8.C.5. belidcs Town- (hips, which were charged with 
 foynt-Armsi Annuities and Copy-holds were charged as 
 goods. If the Arms were loft in the Service, the owner muft 
 make them good again: The defaults were punishable with 
 fine by the JufHces of the Peace, who had the view, and might 
 prefent them at the Sellions to be proceeded upon as in o- 
 ther Cafes. Here is provifion enough , yet not as the Arms of 
 the Militia of the Kingdom, but as a Magazine in the hands 
 of every particular man , and as his proper goods,to be im- 
 ployed for the publick Service, either upon fudden invafion 
 in a defenfive War, or when the Parliament (hall fend them 
 abroad. And yet it is alfo a rule unto the Crown againft ar- 
 bitrary AfTLffraents upon difcretion , from which it cannot 
 recede if it mean to do right. It might now very well ftand 
 with the Juftice of Queen Elizabeth^ to grant Commiflions 
 of Array, Secundum formam Statuterum^ and do hurt to no 
 man s it's true, her Commiilions of Lord LicKtenancy want- 
 ed that limitation in words, yet they carried the (enfe, for 
 if the Crown were .bound by the Law, the Lord Lieutenants 
 were much rather , but the danger arofe after the death of 
 Queen Elizabeth j for when King James came to the Crown, 
 under colour of pleafing the people, and eafing them of a 
 burthen, he pleafed himfelf more, and made the yoke upon 
 the people much more heavy in the-conclu(ion i for where no 
 declared Law is, there the di(cretion of them that have the 
 care lying upon them muft be the Rule ••, and thus came the 
 Scottifh blood to have pretentions to a greater Prerogative than 
 all their PredecelTors had, upon this fuppofal that the Statute 
 of Queen Mary took away all former Laws of that kind, and 
 then the taking away of the Statute of Queen Mary takes 
 awa^y all declared Law as to that point : But more truly it 
 
 may 
 
_.. Thegoverft' lK.Edw,6. SJ^^^Y'} OfE^g;^ 295 
 
 mzntof c ^Elizabeth. 3 Und. 
 
 may be inferred, that if all Statute Laws be taken away, then 
 the Rule of Tenures at the Comnnon Law muft remain in force 
 and no other. Neverthelefs,this Statute of Queen A/^ry, though 
 in force for the prefcnt, was not a general Rule for Arms in all 
 places of this Nation \ for the Marches of Scotland were a pe- 
 culiar jurifdidion, as to this point. They Hood in more con- 
 fiant need of Arms, than any other part of this Nation, in re- 
 gard of their uncertain condition, in relation to their Neigh- 
 bouring jurifdidion i and therefore were the Farms of thefe 
 parts generally contracted for , upon a fpccial refervation of 
 Arms for each particular, which being now decayed, are again 
 reduced by Queen Elizabeth to their ancient condition in the 25 Eli:: c.9. 
 time of Henry the Eighth. 
 
 A fecond thing which may come under this general confidc- 
 ration of arming, is, the arming of places, by making of Forts 
 and Caftles i which was not in the immediate determinate will 
 of the Crown to order as it pleafed, for though they may feem 
 to be means of Peace and prefent fafety, yet they are Symptoms 
 of War, and in the bell times are looked upon with a jealous 
 eye,efpecially fuch as are not bordering upon theCoadsiBecauft; 
 that Prince that buildeth Gallics within the Land is fuppofed 
 to fear the Neighbourhood. This was more efpecially regard- 
 ed in the days of Fhilip and Mary : For when that marriage 
 was to befoldmnized,it was one of the Articles to provide for 
 the fafety of fuch Forts and CalUcs, as then were maintained, 
 to the end they might be preferved free from ufurpacion , 
 for the Ufe , Protit „ Strength , and Defence of the Realm i i ^ar. Pari 
 only by the natural born of the fame. And afterwat^s ^ ^*^/'-- 
 when occatloa was offered , for the building of more of that 
 natures a new power is given to King Fhilip^ and Queen ^ ^3^^'^- ^ 
 A/^ry, to re-ediHe or make Forts and Callles, which mult ]^^^^'''' ^^F'''- 
 executed by Commillion to the -^^5 for ten years, and on- V^xo^r 
 ly within the Counties bordering upon Scotland^ and thefe - -' — 
 particularly named in the Statute , fo as the Crown had not 
 power to build in all Cafes , nor to any end they pleafed . 
 Ror to pUce therein, or betxuft the (ame to whom it would, 
 
 Noi. 
 
7^6 TkeGover/tQK.Edw.6,^M2ity,jOfEttg'' 
 
 ' ^^*^ ^/ c ^Elizabeth. j /jW. 
 
 Nor yet had Edivard the Sixth that abfolute power, althougtn 
 not ingaged in Foraign Intercfts, as his Sjjicr Mary wasi aij4 
 therefore whereas Cajlellanes had been made for hfe, by Pa- 
 1 E.6. C.J 6- tent , and fo the abfolute power of the Crown was barred in 
 the free difpofal of the fame during fuch time. The Parliament 
 gave the King power to remove fuch as were not liked, or 
 thought not faithful to the Publick Inrere(l,although they gave 
 nocaufeof Seifure by any difloyal A^t.The like alio maybe ob- 
 ferved of the Ships and Ordnance i for they alfo do belong to 
 the State, as the Jewels of the Crown, and therefore upon the 
 Marriage of Queen Mary ^ they alfo are by Articles preferved 
 and faved,for theufe,protit,ftrength and defence of the Realm, 
 by the natural born of the fame. 
 
 Thirdly, as touching the ordinary of the Soldiery, the mat- 
 ter is not much to be infifted upon,for little doubt is to be made, 
 but that power that raifeth them alfo ordereth them to the fame 
 ends that they are raifed; and therefore as the fole power of 
 the Crown doth not the one, fo neither doth it the other, but in 
 cafes formerly mentioned \ and yet in no cafe, though the War 
 be never fo abfolutely defenfive, and the Soldiers raifed by the 
 Ring's own and only Powers yet had not the King abfolute 
 Authority, and arbitrary Power, in the ordering of them when 
 they arc raifed, but hemuft fo behave himfelfto them, as to 
 Free men, according to the Laws made by themfelves in their 
 4 CS" y Thil. ^d Reprefentative in Parliament, and therefore arc particular Laws 
 ^^'^r.c.^. niade to that end, againft undue levying and difcharging of 
 Soldiers, and Defaults in paying of themji as alfo againft the 
 i(di E.6. Soldiers departing from their Service without Licenfe, or waft* 
 f. 2- ing their Arms, and fuch as wilfully abfent themfelves from 
 
 4 ^5" y Thil. ^ Muftcrs ■■> as alfo for the preferving the Caftles, Forts, Ships and 
 Mar. cy Munition for War, from being with-holden from their dueufe, 
 J E. 6. c. 1 1 ■ or from burning or deftroy ing. 
 nEUz.c.i. 
 
 Laftly , as touching the charge of the War, and pay of 
 the Soldiers. It's evident, that in all offenfive Wars the Sol- 
 dier was paid by the Crown, although they might be faid ia 
 
 fome 
 
The Govertt- V K, Edw. 6. §^ Mary. ; Of Ettg- 7fJ 
 
 ntent of L g^ Elizabeth. I hnd. 
 
 ■ ■ . ^ 
 
 fome manner to be in order to the defence and fafety of the 
 Nation •, neverthckfs, where the fame was fo apparent to the 
 people, it was the common courfe in thefe times to have often 
 Parliaments, and often Subfidies, which were no kfs in a good 
 meafure fatisfadory to the Crown for the Charges of the War, 
 thanTeftimonies of the peoples good Acceptance of theGovern- 
 ment of Affairs, and fo accepted at their hands : The particular 
 Records will warrant all this. For of all the Wars in thefe times 
 (that of 88 excepted) not any of them were ever managed at 
 the peoples charge by Contribution, but by Retribution. So 
 were thefe limes, wherein the people looking upon the Crown, 
 as under a kind of infirmity of Childhood or Womanhood, 
 did therefore bear a kind of compaffionate Vcgard thereunto, 
 without jealoufie at Prerogative, could condelccnd and allow 
 the Crown its full Grains, and fomewhat more, yea, more than 
 was meet for fome other Prince to dcfire, or the people to give 
 up s and yet more happy were they , "wherein the Crown knew 
 no intercft but in dcpcndance upon the peoples good,and fo un- 
 derrtanding were rightly underftood. 
 
 CHAR^ XXXIX. 
 
 of the Peace. 
 
 IT is but little that can be faid of peace in thefe times,whcrcin 
 fo little freedom was found from Foreign pretentions, and 
 intcftine irregularities , or both \ and yet the people were ne- 
 ver more refolved againft the former, nor fccure againft the la- 
 ter, and had God to Friend in all. But moft apparently was 
 this obfervable in the time^ of Queen Elizabeth ^vi\\o{Q Govern- 
 ment took up four parts of tive of thefe times, whereof wc 
 now treat. She was a compleat Conquerour of War and , L*^ 
 Treafon,and therein the true Inheritor of the Fate of her Grand- 
 Father Htnry the Seventh, with advantage, for (he out-faced all 
 dangers by her only prefence, having thereof had more expe- 
 
 6 f pericnce 
 
298 ^he Govern- ^ K. Ed w.6. ^ Mary. ? Ofl^^., 
 
 went by i J>. Elizabeth. > land, ^ 
 
 pcrience than any Princes that ever poffefled her Throncjyet the 
 was wife enough to beware againft the future j conGdering her 
 condition to be the laft of her Linc,that the next behind her was 
 rather likely to trip up her heels than fupport her Trainjthat the 
 Pope narrowly watched every oppoiftunity i the diftance be- 
 tween him and the Throne, being no greater than the breadth 
 of her only Perfon. It may well therefore admit of excufe, 
 if the Statute of the 25 of "Edward the' Third concerning 
 Treafons did not give fatisfadion , although therein if {he 
 were folicitous, her Sabje(Ss were more. Some kinds of Of- 
 fences were made Treafon by Statute- Laws , which formerly 
 appeared not fuch , becaufc they appeared not at all \ and 
 yet in the opinioiT of her people, the Queen was too flack in 
 the making, and more flack in the execution of them. The 
 people had ingaged themfelves deeply againft the Queen of 
 Scots^ and it was not fafe for them to go back , they go yet 
 deeper , and without any pofitivc Authority , leading the 
 way , they enter into an Affbciation anjongft themfelyesfor 
 the Queens fafcty \ and it was well liked by the Queen, be- 
 caufe flic knew it was well meant, although by fome ft was 
 miftaken : ncvcrthelefs to take away all Exception, a Law is 
 17 Lhz.c.i, made in purfuancc thereof, and fo the Work is reduced under 
 an ordinary rate, though the pubJick danger was fuch, as might 
 well havedigefted an extraordinary undertaking- 
 '^ I intend not to enter into the particulars ofthefe Treafons of 
 the new ftamp, becaufe they are but temporary, and in their ul- 
 timate reach tend only to the fafeguardof the Queens perfon 
 in order to the intentiooary fenfe of the Statute ^ 25 Edw,^, 
 although not within the explicit words of that Law. Only this 
 is obfervable, that though the times were full of malice, yet was 
 not all malice looked upon as fatal, nor every Expreilion there- 
 of Treafon, or privity thereto Treaion (although the Crown it 
 felf was not a little concerned therein) but jreduced to an infe- 
 riour degree, called Mifprifion^ as if they were willing rather to 
 conftrue undertakings for miftakings, and thereby over -look 
 much of the Malignity of thefe Times, than to make ftridt in- 
 /gui^tion into every TmViiUo of Offence. 
 
 As 
 
The Govern- 
 
 ment of 
 
 f ^:. Ed w. 6. \g_; Mary . / 0/ ling- 2^9 
 
 t ^ Elizabeth. 3 land. 
 
 As touching Felony, the Rulps were various, fon^e were 
 of a new Original, as that of Gipfics ^ others formerly fuch, y £/'c.f io, 
 afterwards laid afide , are itow revived with advantage , as 
 Conjuration and Buggery; but imbezelling by Servants o( Cap. 16,17 • 
 their Malkrs Goods, made Felony for a time by Edward the 
 Sixth, is by Queen "Elizabeth made perpetual. Some Felonies ^ ^^'^- <^^9 
 are made fuch within a certain precind^, as Man-ftealers, and ^LU^-c 10 
 other Crimes upon the Scotiifh Borders. Others formerly 
 made Felony are now unmade, as that concerning Prophe- 
 lies , and divers formerly protcded under the refuge of Clergy, Of. 1 6. 
 are now barred of that referve. Such as are thcfe that com- 
 mand, Counfel, or hire others to commit Petty Treafon, Mur- 
 der or Robbery, 4 e^- 5 VhiL & Mar. cap. 4.. Stealers of Horfes, 
 Geldings or Mares, 2 E.6. c<»/>.3 3. Robbers of Houfes, Booth or 
 Tent, by Day or Night, 5 E. cap.p. Pick- pockets , or CuC- 
 purfes, 8 Eliz. cap.^. And Woman- flealers, 39 Eliz. cap. p. 
 And fome Crimes made Felony impeachable , only within a 
 certain time, and not upon a cool fuiti fo as upon tlie whole 
 heap of Account, theical of the times will appear to be more 
 hot, by how much iniquity appeared more hainous, and that 
 wicked men waxed worfe as the times waxed better. More par- 
 ticulars of this nature, and of other Offences of inferiour note 
 might be fuperadded i as alfoof Laws, of alteration and amend- 
 ment of Procefs and Trial, and of Common Aflurance and 
 Conveyance of Eftates , of particular Revenue i all which 
 might be infifted upon, if need were, to clear out yet further 
 the conclufion of the whole matter, which Ihaftento accom- 
 plifh , led on by a natural motion, thai grows in fpced the 
 nigher is comes to its en.d. 
 
 Oi^ 
 
 'ii£tU OJ 
 
 S f 2 CHAP. 
 
' 15 VO Hi\ 
 
 v4 fummary Conclujion upon the whole matter » 
 
 IN the ftating of this whole account i I (hall firft glance 
 .upon the natural conftitution of tlie people of Englaud ^ 
 and then gather up the fcattered Notions into oneform^ 
 becaufe the one doth not a little illuftrate the other, and (hew 
 the fanae to be radical , and not by any forced inocula 
 tion, : , 
 
 d 
 
 The people arc of a middle temper, accordtng to tHeir 
 Climate ; *The North A Melancholy , and the Southern 
 Choler, meeting in their general Conftitution doth rende* 
 them ingenious and acStive i which nouri(hed «lfo under the 
 wings of Liberty, infpires a courage generous, and not foon' • 
 out of breath. A<iJive they are, and fo nigh to pure adi, that 
 nothing hurts them more than much quiet i of which they 
 had little experience, from their firft tranfmigration till tfec„ 
 time bf King James ; but evA were at work either in build, ? 
 ing (as before the Norman times) or after in repairing their 
 ruines, occaConed by tempeftous pretenfions froip Kome znd 
 Foraign Princes,or by Earth-quakes of Civil Contention about 
 the Title between the two Houfes of lork, and Lancajier, or 
 intrenchmcnts of the Crown upon the Liberty of the people. 
 But King James conquering all enmity, fpake Peace abroad*^ 
 and faflg. Lullaby at home ; Yet like a dead calm in a hot 
 fpxing, tfcafured up in ftojrje fad diftcmpers again/} a back 
 
 Winter 
 
The Conclufion. 5 oi 
 
 winter. Their ingenuity will not allow them to be excel- 
 lent afthc cheat*, but are rather fubjcdt in that kind to take 
 than give : and fuppofing others as open hearted as them- 
 felves, are many times in Treaties overmatched by them whom -. 
 they overmatch in Arms. Upon the fame account they arc «f 
 neither imperious over thofc beneath , nor ftubborn againft 
 them above \ but can well difcern both perfon and time. Man, 
 Woman or Child, all is one with- them, they will honour 
 Majefty where ever they fee it. And of the twain, ten- 
 der it more when they fee it fct upon infirmity : as if they 
 knew how to command themfelves only in order tothc publick 
 good, 
 
 f^everthelefs, they love much to be free : when they were j. 
 under awe of the Pope's Curfe, they bore off de'figns by the- 
 head and (houlders s but afterwards, by watchfulncfs, and fore- 
 fight \ and having attained a light in Religion, that will ovs% 
 their Liberties, of them both they make up one Garland not to 
 be touched by any rude hand, but as if it were the bird of the '^ 
 eye the whole body flartles forthwith, the Alarm is foon given 
 and taken, and whether high or low, none are fparcd that ftand 
 in their way. This they do owe to the Eaikrn people, from 
 whom they fetch their Pedegree. So as the only way to con- 
 quer them, is to let them have their Liberties, for like fome 
 Horfcs, they are good for carriage, fo long as their burthens art 
 eafie and fit loofe upon them , but if too clofe girt, they will ^ 
 break all, or caft their load, or dye. And therefore Q^ Eliza- ■ 
 beih gained much to the Crown by fair carriage, good words , 
 and cleanly conveyance, which was not foon difcovercd, ndr 
 eaVily parted with. But Henry the Eighth by height of'i 
 fplrit and great noife, and therefore was no fo oner off the '. 
 Stage, but what was gotten by the fnatch, was loft by tfc j 
 catch, and things foon returned into their ancient pofture ' 
 
 Thefitfjt GovemiTient of fhe people before their deparfuirc "- 
 OKTt of Germany^ was^ in the two States of Lords and Commons, ' 
 
 •;).:-' The 
 
f 01 '^The Conclujion. 
 
 ' ^ l'! ! Hn!t"r 
 
 The Clergy came not into pomp and power , till 4wint 
 time, and foon came to the height of a third ftate appendent 
 to the former, and fo continued till Henry the Eighth's time > 
 then they begin to decay in power, and in Queen Elizabetbi 
 time utterly loft the fame, and fo they can no longer be called 
 a State, although they rtill keep ftate. , ,,f 
 
 The two States of Lords and Commons in th^ir tranfmi- 
 gration, being then in the nature of an Army of Soldiers, had 
 a General by their Ele<fiion , under whom after they had ob- 
 tained a peaceable fetling, they named anew by the nacne 
 of Komiing , or the Wife man, for then was Wifdom more 
 neceflary than Valour. But after the Clergy had won the 
 day, and this Konning had fubmitted himfelf and his people 
 to their Ghoftly Father, they baptized him by a new name of 
 Kex^ and fo he is ftiled in all Written Monuments which we 
 owe only to Ecclefiafticks i although the vulgar, held their 
 appellation ftill, which by contraction, or rather corruption, 
 <lid at length arrive into the word IC/«^ \ a notion which as of- 
 ten changeth the fenfe as the Air : fome making the perfon 
 all in all, others fome jn all, and fome nothing at all but a 
 complement of State. The Clergy gave him his Title in the 
 firlt fenfe, and are willing he ihould have a power over the E- 
 Itatcs, in order to their defign, wliich then was to rule the 
 King, arid by him all his People, he ^oing what he lifteth with 
 them , and the Clergy the like with him. The Saxons take 
 the word in the fecond fenfe, for though they had put upon 
 the Common-Wealth one Head, and on that Head one Crown, 
 yet unto that Head did bdongmany eyes, and many brains v 
 and nothing being done but by the common fenfe j a power 
 is left to him much like to that of the outward Members, Ex- 
 ecutory. 
 
 ifn time of War , how unruly foever the humours be, yet 
 muft the Law be his rule i he cannot ingage the people ,ei« 
 ther to make, continue or determine," any oflfen live War with- 
 out their confent i nor compel them to arm themfelves, nor 
 
 command 
 
The Conchifim. 30^ 
 
 command them out of their Counties for War, or impofe Mili- 
 tary charge upon them againft their free confcnt, or contrary t6 
 theknotvnta^.^'" o ii-.i -. .i. . . '"" 
 
 ■ f : , 
 
 In calmer times much rather, he can neither make new Law, 
 nor alter the old i form new Judicatories, Writs, Procefs, 
 Judgements, or new executions, nor inable or Jifable any con- 
 veyances of Eftates. He may feem pofTcfled of more powg: in 
 Church-government, yet Ve jnre^ can neither make nor alter 
 Do<^rine , or Worfhip, or Government in the Church : "nor 
 grant Difpenfafions, or Licenfes Ecclcfiaftical i nor Commif-* 
 lions of Jurifdid^ion, other than according to the Law. And as 
 a clofe to all, by one Oath taken at the Coronation, he not only 
 giveth to the people fecurity of the Peace and good behaviour, 
 but beareth witnefs that he oweth Allegiance both to the I^aw 
 and the people, different from that of the peoples in this, that 
 the King's Allegiance is due to the Law, that is originally from 
 the peoples Eledion, but the peoples to the King, under a Law 
 of their own framing. 
 
 This Icadeth on the conlideration of a higher degree of power 
 than that of Kings: For though Law as touching morality in 
 the general be of Heavenly birth > yet the poiitive Laws arifing 
 from common Prudence concerning the Honour, Peace and 
 Profit of every Nation i are formed by humane conftitution,and 
 are therefore called Honejia ^ or ;«/?<*, becaufe by common vote 
 they arc fo efteemed, and not becaufe any one man fuppofeth 
 them to be fuch. The words of the Summons to the Parliameift 
 doth hold for this, ^£ de csmmnm confilio ordinari contigerint 
 and the words in the Coronation Oath, ^oiVMlgutelegerit^do 
 fpeak no lefs, whether they be taken in the Preterperfed tenfe , 
 or Future tenfe|,the conclufion will be the fame : True it is that 
 in all, Kings are fuppofed as prefent •, yet is not that valuable in 
 the point of Council, which is the foundation of the pofitive 
 Law. For as the beft things under heaven are fubjed: to in- 
 firmity , fo Kings either (hort or bey*ond in Age or Wit, or 
 pollibly given over to their lulls, or Tick, or abfent, fin alt 
 which the natne of a King adds little more to the Law than a 
 
 iJUrfili ij'^»UQi IQil t 3iI3'..Ji J found 
 
3 oA ^fl'^ Conclufien. 
 
 found^ yet all the while the Government is maintained with as 
 much Honour and Power, as under the moft wife and wtll dif« 
 pofcd King that ever bleffed Throne. 
 
 This is done in the convention of States , which in the 
 firft times confined of Individuals , rather than Specificals. 
 The great men floubtlcfs did many things even before thify 
 faw the English (horei that tacitus noteth; yet in the publick 
 convention of all, did nothing alone till of one Houfe they be- 
 came two. The particular time of the reparation is uncertain, 
 and the occafion more : It may be the great Lords thought the 
 myfteries of State too (acred to be debated before the vulgar , 
 left they fliould grow into curiofity : Poflibly alfo might the 
 Commons in their debates with the great men abfent-> that 
 themfclves might more freely vote without angering their 
 great Lords : Ncverthelefs, the Royal affent is ever given in 
 the joynt convention of all, but how a double Negative fhould 
 reft in the Houfe of Lords, one originally in themfelvcs, the 
 other in the folepcrfon of the King, when as in no cafe is any 
 Negative found upon Record, but a modeft waving the anfwer 
 of fuch things, as the King likes not, is to me a myrtery, if it be 
 not cleared by ufurpation : For it is beyond reach, why that 
 which is once by the Rcprefentative of the people determined to 
 be Ho«f/^«w,(hould bed if-deter mined by one or a few, whofe 
 Counfels are for the moft part but Notionary, and grounded 
 upon private inconveniences, and not upon experimcntals of 
 moft publick concernment ^ or that the veult or S o it fait ^v/hkh 
 formerly held the room only of a Manife^o of the regal will to 
 execute the Law then made (as his Coronation Oath to ex- 
 ecute all Laws formerly eftabli(hed) ftiould not be taken to be 
 a determination of the juftnefs or honefiy of the thing ; When 
 as this Royal alTent is many times given by a King, that knows 
 no difference between good and evil, and is never connpc* 
 tent judge in matters that in his opinion do fall into con- 
 tradiction between his own private intereft, and the benefit of 
 the people. 
 
 However 
 
The Conclujion. 505 
 
 However unequal it may feem, yet both that and other ad- 
 vantages were gained by the Houfe of Lords, after the fepara- 
 tion was once made , as many of the Ancient Statutes (by 
 them only made) do fufficiently hold forth, which although 
 in the general do concern matters of Judicature, wherein the 
 Lords originally had the greateft (hare , yet other things alfo 
 cfcaped the Common Vote, which in after ages they reco- 
 vered into their conlideration again. And the condition of 
 the people in thofe times did principally conduce hereunto : 
 For until the Norman times were fomewhat fettled, the for- 
 mer ages had ever been uncertain , in the changes between 
 War and Peace, which maintained the diftancc between the 
 Lords and their Tenants, and the Authority of the one over 
 the other, favouring of the more abfolute command in Law. 
 And after that the Sword was turned into the plough- (hare , 
 the diftance iseftabli(hed by compa<^ of Tenure by Service, 
 under peril of default, although in a different degree •, for the 
 Service of a Knight, as more eminent in War, fo in Peace it 
 raifed the mind to regard of publick Peace : but the Service 
 of the Plough fupporting all, is underneath all, yet ftill under 
 the Common Condition of Free-men equally as the Knight. 
 Peace now had fcarcely exceeded its minority before it brought 
 forth the unhappy birth of Ambition-, Rings would be more 
 abfolute, and Lords more Lordly > the Commons left far be- 
 •^.hind feldom come into mention amongft the publick AdJs of 
 State, and as ufelefs fet afide : this was the loweft ebb that ever 
 the Commonage of E«^/^«<:^indured, which continued till Am- 
 bition brought on Contention amongft the great men , and 
 thence the Barons Wars, wherein the Commons parting afun- 
 der, fome holding for the Ring, who promifed them Liberty 
 from their Lords ■■> others tiding with the Lords, who promifed 
 rhem Liberty from the Ring i they became fo minded of their 
 Liberties, that in the Concluiion they come off upon better ad- 
 vantage for their Liberties , than either Ring or Lords , who 
 all were lofeis before their reckoning was fully made. 
 Thefe Wars had by experience made the Ring fenfible of the 
 fmart of the Lords great intereft with the people, and pointed 
 
 Tc him 
 
o 06 The Cenclujion. 
 
 him to the pin upon which the fame did hang i to take which 
 away, a Dcfign is contrived to advance the value of the Com- 
 moners, and to level the Peerage, that they both may draw in 
 one equal yoke the Chariot of Prerogative. The Power of 
 the Commons in publick Councils was of fome efficacy but 
 not much Honour, for their meetings were tumultuary \ time 
 brought forth a cure hereof^ the flowers of the people are by E- 
 ledion fent to the Reprefentative,and fo the Lords are matched, 
 ifnot over matched, the people lefs admiring the Lords, and 
 more regarding themfelves. This was but a dazle, an Eclipfe 
 cnfues i for Kings having duely eyed the Nature of Tenure be- 
 tween the Lords and Commons, look upon it as an out- work 
 or block-houfe in their way of approach : Their next endea- 
 vour is therefore to gain the Knighthood of England within 
 the compafs of their own Fee, and fo by priority to have their 
 Service, as often as need fhould require, by a trick in Law •-, as 
 well for their own fafety in time of War, as for their benefit in 
 time of Peace : This was a work of a continuing Nature, and 
 commended to SuccefTors to accomplifh by degrees, that the 
 whole Knighthood of England is become no more the Lords 
 till Kings be firft ferved : And thus the power of the people 
 is wholly devolved into the King's Command, and the Lords 
 muft now ftand alone, having no other foundation, than the 
 afFe6:ions of the people gained by beneficence of Neighbour- 
 hood, and ordinary fociety, which commonly ingratiates the 
 infcriour rank of men to thofe of higher degree, efpecially fuch 
 of them as affed to be popular. Henry the Seventh found 
 oat this fore, and taught his Succeffors the way to avoid that 
 occafion of Jealoufie, by calling up fuch confiderable men to 
 attend the Court, without other Wages but fruitlefs hopes i or 
 under colour of Honour to be had by Kings from the prefence 
 of fuch great men, in their great Trains •-, or of other Service 
 of fpecial note to be done only by men of fo high accomplifh- 
 ment. And by this means Lordfl:iip, once bringing therewith 
 both Authority and Power unto Kings, before Kings grew jea- 
 lous of their greatnefs, in thefe later days is become a mecr jelly, 
 and neither able to ferve the inteteft of Kings (if the people 
 
 Oiould 
 
The Conclujton. 5107 
 
 (hould beftir themfelvesj nor their own any longer : Hence* 
 
 forth the Commons of England are no mean Perfons,and their 
 
 Pxeprefcntaiive of fuch Concernment, as if Kings will have 
 
 them to obferve him, he mull ferve them with their Liberties 
 
 and Laws i and every one the publick good of the people : No 
 
 man's work is beneath, no man's above it, the beft Honour of 
 
 the King's work is to be, Nobilis Prvitut (as Antigonus faid to ^.lUn Ub.t. 
 
 his Son) or in plain Engli(h , Supreme Service above all and to rar. bifi. caf. 
 
 the whole. I now conclude, wifhing we may attain the hap- zo. 
 
 pincfsof our Fore-Fathers the ancient Saxons, §uilihet coa- 
 
 tentHS forte propria, Taeit, 
 
 T t 2 A Table 
 
A Table of the Principal 
 Matters contained in this 
 Book. 
 
 A Fol. 
 
 A Betting of Felony made 
 Felony 2pf^ 
 
 Adminiftration 
 granted to the next of the 
 Kindred. 5 1 
 
 Admirals porver from the 
 Tarliament ^\, formerly under 
 many^ brought into one 4,2 . once 
 gained jurifdiSion to the high 
 water- mark^^^. and his Power 
 regulated by Law ibid, over 
 Sea-men^ forts and Ships 44 
 
 Allegiance according to Larv 
 18. vide Supremacy, the na- 
 ture thereof in general 7^. it's 
 
 A Fol, 
 
 not natural 7p,8p. not abfolute 
 or indefinite 82 . not to the King />. 
 
 in his natural capacity ^6,Jt ^ -fiJ- ^a^cfiii.i^ 
 obligeth not the people to ferve 
 in foraign fFar 103. it is due 
 to the perfon of the King for the 
 time being 246, 275). what it 
 is in time of JFar^ and relation 
 thereunto 2 ^y. Henry the Se- 
 venth^ and Henry the Eighth 1 
 indeavonred to advance it in re- I 
 lationto the Crown^ but efeded 
 it not 104 
 Appeals in cafes Ecclefiajiical 
 rejirainedfrom KomQ^and given 
 
 in 
 
The Table. 
 
 in the King's cafe to the Con* 
 vocation^ and inthe cafes of the 
 people ^theArcbbi(fjopafterivards 
 to the Delegate s^and poeire never 
 fetled'tn the Crown 227, 233. 
 vide Archbifl^op 
 
 Archbiniop hath the larvfal 
 tower] of the Tope in Appeals 
 and VijpenfatioHs^ Licenfes and 
 T acuities 233. the Archbijhop 
 of York lofeth his \HrifdiQion 
 ever the Scottilh Bijhops ipj 
 
 Arrays, Commi^ton of Array 
 1 78, vide War 
 
 Affent of the King to A^s 
 of Parliament , ferveth only to 
 
 the Seventh 1^6 
 
 Bifhops, not impeachable be- 
 fore the Civil Magijhate 4^, 
 their 'temporalties to he neither 
 feifed nor waited in the vacancy 
 vide Ordinary 
 
 Buggery made felony 2pp 
 
 C. 
 
 ("-> 
 
 CAnons, their power anci- 
 ently in debate 61, fuch 
 as are not according to the Law 
 are taj^en away 2^6 
 
 Caftles and Goals reftored 
 to the Country 113. vide Forts 
 
 the execution of the Law^ and\ ^«i/ Fortitications 
 not to the making thereof 2 1 
 AfTociation of the people for 
 the common fafety , before the 
 Statute inabling the fame 2^8 
 
 B. 
 
 BAitardy, not to be determi- 
 ned by the Ordinary before 
 Summons to the Pretenders of 
 Tattle to be heard 15^ 
 
 Bench, the Kind's Bench at 
 Weft nainftcr abated in power by 
 the Commijions of Oyer and 
 Terminer, and Goal- delivery 
 p2,i<55 
 Bcntvolcnce , firft ufed by 
 Edward the Fourth 1^^. taken 
 away by Richard the "third 
 185. taken tip again by Henry 
 
 Chancery, once an Office^ af- 
 terwards a Court 3 5. the power 
 grows by AU of Parliament 36, 
 1 52. the manner of the fro'" 
 ceedings 38. Keeper of the great 
 Seal increafeth in power 162 
 
 Chancellor eleded by the 
 Parliament ^p 
 
 Chefliire made a Principality 
 
 II 
 
 Children carried into Cloy- 
 jiers remedied 1 6^ 
 
 Clergy , privil edged from 
 Arrefis 52. difcbarged of pur- 
 veyance and free quarter 52. 
 their Temporalties in queftieu 
 <^3 . the Commons love not their 
 perfons 1 47. their fir^ declining 
 from Rome in the matter of Pro- 
 vifors 1 f^o, they gain free precefs 
 
 in 
 
The Table. 
 
 in matters Ecclefiajiical ip2. 
 their defection from Rome, and 
 fubmiQionto the Crotvn 206 
 
 Clergy upon Trial hut once 
 allowed 2'^'^, in feme cafes dif' 
 allowed 250,2^8 
 
 Commirtioners Ecclefiajhcal 
 288. High Commiffion ibid. 
 
 Conjuration, vide Witch- 
 craft 
 
 Confer vators of the Truce 
 162 
 
 Conftables Coutt.vide Mar- 
 (hals Court 
 
 Convocation e(}ahlifhed by 
 TarliameHt 151, it then under* 
 took^ great matters\ but much 
 more after the Clergies forfakjng 
 the Pope 22 p 
 
 Councils, the Frivy Council 
 ordered by Parliament 21, 33, 
 141. of ufe for fudden motions 
 27. their Oaths 2p. and Jurif- 
 diCiions 3 1 . and power 142 
 
 Magnum Concilium, or the 
 grand Council of Lords 2 8 
 
 Crown^ intitled not by Ve- 
 [cent 128,277. but intailed 
 128. vide 188, IFomanhood 
 270. Coverture 273 
 
 Cuftos Regni , a formality 
 of State under the Parliaments 
 Order 1 3 \.many times confer ed 
 upon Children 137. and upon a 
 i^oman 252 
 
 DElegates,f/:»o«g/; named by 
 the King^ yet by Autho- 
 rity of the Parliament 227 
 Defender of the Faith 
 
 213 
 Difpenfations, Licenfes and 
 Faculties^ never in the Crown , 
 but by the Parliament given to 
 the Archhi(hop under limitati- 
 ons 254,238 
 Duels, ordered by the Mar- 
 tial as Subfervient to the Com' 
 mon Law I08 
 
 E. 
 
 ED ward the Third his Reign 
 3. his Title upon Entry by 
 Ele^ion ibid. 
 
 Edward the Fourth his 
 Reign , though had Title of 
 Inheritance^ yet entred by Ele^ 
 Ciion 181- 
 
 Edward theFifth approached 
 the Crown by Inheritance , but 
 never put it on 1 84 
 
 Edward the Sixth hisReign^ 
 his Title and Pojfeffion did meet^ 
 though he was a Child ^ and 
 his Sijier Mary grown in age 
 
 Ecclcfiaftical Power , vide 
 Prelacy and Prelates 
 
 EUzabetlv 
 
The Table, 
 
 Elizabeth ^eenjoer Keign^ 
 26\.her"IitlebyEle(iion 278 
 
 '^u^'i^ix^ taken away p5 
 
 Epifcopacy, vide Prelates 
 and Prelacy 
 
 Errors, vide Herefic 
 
 Exchange ordered by the 
 Statute 75 
 
 Excomaiunication 2'ji.the 
 Writ de excommunicato ca- 
 piendo ordered 289. vide 
 Parliament exportation 72 
 
 F. 
 
 FAlfe News pHni[f}ed 1 1 2 
 Felony by riding in armed 
 treopf $>5, 1 13,172,257,2^9 
 Firft-truits regulated 153. 
 taken an? ay from Rome 222 
 Forcible Entries i73 
 
 Forts 5 Fortifications .and 
 Caftles, ordered by Farliament 
 252,295. 
 
 G. 
 
 GOal - delivery by the 
 Judges of the Benches 
 92,165. vide Judges 
 
 Goals regulated 1; 3,2 54 
 
 Guard for the King's 
 
 Perfon , brought in by Henry 
 
 the Seventh 
 
 Gipfies wade Felons 
 
 H. 
 
 iP5 
 
 299 
 
 HEnry the Fourth hisKeign, 
 doubtful in his 'title ^ but 
 refled upon Eledion^ cb$fen by 
 Farliament, fitting rvhen there 
 was no King 116, &c. 
 
 • Henry the Fifth his Keign, 
 his 7itle by an Intail^ by the 
 Parliament 119, 6cc. 
 
 Henry the Sixth his Keign, 
 his Title by the Intail la\i 
 mentioned, though a Child^ be is 
 admitted to the Crown 
 
 123, 6cc. 
 Henry theSeventh firjl fettled 
 a conjiant Guard , his fixfold 
 Right to the Crown , and his 
 gaining, Prerogative in the 
 Perfons and Ejiates of the People 
 ibid. I94, Sec. 
 
 Henry the Eighth his natural 
 Endowments 199 , dec. his 
 power inthe matters Ecclefiajli- 
 cal 2od,6cc. in Temporals 
 
 21^. dec, 
 Herefie and Errour in 
 VoVirine under the cognifance 
 of the Civil Ma^ijirate 62 
 155. not puni(hable by death 
 by Law till Henry the 
 Eighth's time 216,2^6. the 
 
 mit 
 
The Table. 
 
 irrit De Heretico comburen- 
 do hath no legal ground in any 
 of t ho fe former limes 63 , 158, 
 i<5i,2i6,23<5 
 
 Honours, f/Vf Parliament 
 Hofpitals , vifited by the 
 Prelacy 154. 
 
 X. 
 
 TMportation 70 
 
 Judges of Allizcs 1(55,244 
 
 Jurifdidi^ion Ecclefiajiical not 
 
 originally in the Prelacy , nor 
 
 abfiilutely 235 
 
 Juftices of the Peace, their 
 
 residency and quality , their 
 
 HHtnher various^ their tvork^alfo 
 
 109, I'] I. one J (tit ice 112. and 
 
 the fettling of their Seffion ibid. 
 
 their power to take Bail 254 
 
 K. 
 
 Kings , vide Parliament , 
 Allegiance, Supremacy, 
 Militia. 
 
 L. 
 
 LAbourers, theit JVork^ and 
 IFages 70. ordered by the 
 jH(iices of the Peace no 
 
 Lancalkr,t/;d" Frinces efthat 
 Hottfe friends to the Clergy in 
 policy I A$ 
 
 Laws made by the'SnccejJors 
 
 of Henry the Eighth , during 
 their minority annulled uy. 
 Ecclefiajiical Larvs^ Vide Par- 
 liament. 
 
 Leiges by Birth, */j<?«gj& not 
 born tvithin the Allegiance of 
 England py 
 
 Liveries" and Tokens inhi* 
 bited to the Lords 112, 177. 
 and limited in the King's per^ 
 foH 177. means of jealoujle be- 
 ttveen the King and his People 
 
 244 
 
 Libels in the Spiritual Court 
 to be delivered in Copies upon 
 demand ica 
 
 Licenfes , vide Difpenfati- 
 ons 
 
 Lords, their perver and jn* 
 rifdiCtion in the Parliament 23 . 
 in Council 29,242 
 
 Lunacy , no impediment in 
 trial of Ireafott 258 
 
 M. 
 
 MAry ^leen, her Reign 
 2 6i.her Title by EleciioK 
 278. f^^e prejudiced her Supre, 
 macy by Marriage 275 
 
 Marque and Reprifal 209 
 Martials Court 107 
 
 Matrimonial Caufes after 
 *he Reformation by Henry the 
 ^'(^hth^inrhe Cognifance of the 
 ^lergie by leave 258 
 
 V V Militia 
 
The Table 
 
 Militia j>8, i75. 245. 2j)o 
 vide War 
 
 Mint 74, 142, '-''de Parlia- 
 ment 
 
 Monafteiies dijjolved 200 
 
 maintained by Henry «^e 
 
 fourth 1 47 
 
 Money o«t of England to 
 florae jiomd 5 + 
 
 Rome jiopped 
 
 NAvy Royal, <«J Forts for 
 the publick^fafety main- 
 tained at the publick^charge 
 
 253 
 Nifiprius 167 
 
 Non-refidency 238 
 
 Noble Ladies 7'r/tfi 174 
 
 O. 
 
 OYcr & Terminer p2 , 1 6 5 
 Ordinary not to be que- 
 Jiisned in the Civil Courts for 
 things under Ecclefiajiical ju- 
 rifdidion 47 , 4^ hath Cogni- 
 fame of Vfury 47. of Avoi- 
 dances^ Bigamy and Bajlardy 
 48. grant Admimjiration 51. 
 vifjt Hofpitalsj and call Exe- 
 cutors to account 154. hath 
 poveer to fine and imprifon 157, 
 23^. to keep Courts^ but the 
 Authority doubtful 235. have 
 Cognifance of the Herefe 1 5<5 , 
 235. Matrimony^ Non-reftdency 
 
 23 d. In ^een Elizabeths 
 time their jurifdiCiion left in 
 doubt 286, 6cc. 
 
 Oath ex Officio /?r/i brought 
 in by the Chur»h men^in matters 
 Eccleftajiical 157. afterwards 
 by the Parliament into the Star^ 
 chamber^ in cafes criminal 244 
 
 PArdon of Crimes not abfo- 
 lutelyinthe King jp 
 Parliament without the King 
 confining of tbree States 117. 
 without the Clergie 58 
 
 Parliaments power in order- 
 ing of the Crown 127, 228, 
 
 277 
 
 Ih ordering the King's Perfon 
 
 by Protestors 1 4. vide Protedior 
 
 In crderinatheir children. 
 
 In ordering their Family 1 5 , 
 
 I2J) 
 
 In ordering their Revenues 
 
 i6,i2p,ii5 
 In ordering their Council 141 
 In the Militia, vide Militia 
 and War 
 
 In conferring places of Honour 
 
 and Iruli' 20, 3 p 
 
 In ordering the Mint, vide 
 
 Mint 
 
 I In making Eccleftafiical 
 
 I Laws 
 
 Concerning Church- Govern- 
 \ ment 224, 6cc. 208,281 
 
 1 Concerning 
 
The TaBIe. 
 
 Concerning VoUrine 211, 
 
 224,236,6CC. 
 
 Concerning TVorfJ^ip 224 
 Concerning Church- cenfures 
 240 
 In granting Licenfei and 
 Vifpenfations 234 
 
 In final appeals 227 
 
 In ordering it felf 24, 130 
 In Judicature 25,1^0 
 
 Parliament not inconjiant , 
 though mutable 1 88 
 
 Peace , Jujiices and their 
 Sejjfionf I op, &c. 170, &c. 
 2 53,&c. 25)7^&c. 
 Penal Laws executed to get 
 money 184,1^5 
 
 Pleadings in Englifli p8 
 Pope's power in England 
 abated 56, Sec. z'i^^ Ordinary, 
 Supremacy, Archbidiop 
 
 Prelacy not favoured by the 
 Canon 23^. their power fwce 
 the time of ^een Mary 283. 
 their dignity and potver dijiin- 
 gHi(^}ed 4*^,58 
 
 Priefts Wages 70, 155 
 Praemunire and Provifors 
 54,58, &c. 151 
 Proclamations . made equal 
 to Laws 214. altered 2 dp 
 Protedors, variety of them 
 makes a doubtful Government 
 4,S,i23 
 Purveyance regulated 53, 
 
 65 
 
 R. 
 
 RAviQiment confented to^ 
 forfeits Joynture p5 
 
 Requeds Court ejhblijhed 
 by Cardinal Woolly 241 
 
 Richard thefecondhis Reign 
 6. endeavours to over-rule the 
 Parliament^ hut failed in the 
 Conchtfion i j 
 
 Richard the 'third's Reign 
 184. his Title by Vfurpation^ 
 and Murther Jbid. 
 
 Riots 173 
 
 S. 
 
 SAncluaries changed into 
 feiver priviledged places 257 
 Servants imbczilling Felony 
 258, 2pp 
 SneriflTs Courts regulated 
 254. Eledion of Sherifs p^. 
 Farm of the County id 8. con* 
 tinuance infervice Ibid. Extvr^ 
 
 *^°^ Ibid. 
 
 Soldiers, vide War 
 Staple 72,&:c. ipo 
 
 Star-Chamber 3i,&c. 242 
 Stcilcis of Men and Jf^omen 
 Felony 2pp 
 
 Supremacy , Supreme Head 
 206. certainly not abfolute or 
 arbitrary porper^nor a Legiflative ■ 
 ponder 288, Scc Supreme Gj- 
 vernour 270. in caufes Eccle^ 
 fiajiicai 
 
The Table. 
 
 clefutjlical 2 7o,6cc. in Jemporal 
 
 Ibid. 
 
 HTEnths and Firfi- fruits 222 
 
 Torniament 108 
 
 Tonnage and Poundage 1 8p 
 
 Trade S^^ipo 
 
 Treafon yS^Qcc.By thoughts: 
 
 by marriage^and counterfeiture 
 
 255,256. tried rvhere the King 
 
 will 258. Petty Treafon P5 
 
 'Y/TT'Ales fuddued by Henry 
 '^ the Fourth 11%, V nit ed 
 
 to the Englijh Crorvn by Henry 
 
 the Eighth 241 
 
 War ^^ d^i'icf of Parliament 
 
 p8, 175. Levying of men lor, 
 
 17^, 248, 2po. Jurati 8c obli- 
 
 gati ad arma, taken away 100. 
 
 Arming of men 100, 2po. Co»- 
 
 duG to their Rendezvous loi. 
 
 Running from their Colours 
 
 ioi,io8,2p5. Plunder fat isfied 
 
 1 01. Iheirpay 176,251,2^6. 
 
 Ojfenfwe andVefenfwe 2pi 
 
 Watches , inquired into by 
 
 Jujiices of the Peace 173 
 
 Wicklief ^o 
 
 Wills probate • 154 
 
 Witchcraft ;m^^^ Ff/o«y 
 
 257,2pp. 
 
 F I N I ^. 
 
Date Due 
 
 AUG 16 
 
 
 
 
 ^^i28'37l^ 
 
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 \uU7'9* 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Form 335— 35M— 9-34— C. P. Co. 
 
€{: 
 
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